71 of 1981 - MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN SALT LAKE CITY CORPORATION AND THE UTAH PUBLIC EMPLOYEES A Resolution No.
. . By City Council
Auth. the execution of a memorandum
of understanding between SLC Corp.
and the Utah Public Employees Assoc .
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RESOLUTION NO. -7' OF 19 ( ,
AUTHORIZING THE EXECUTION OF
A MEMORANDUM OF UNDERSTANDING
BETWEEN SALT LAKE CITY CORPORATION
AND THE UTAH PUBLIC EMPLOYEES
ASSOCIATION
WHEREAS, Section 9 ( c) of the Salt Lake City Second Amended
Collective Bargaining Resolution dated December 7, 1978, provides
that no collective bargaining Memorandum of Understanding shall
be effective until the legislative body of the City approves said
Memorandum of Understanding , enacts implementing legislation , and
appropriates all required funds; and
WHEREAS, Pursuant to collective bargaining negotiations, a
Memorandum of Understanding has been negotiated between the City
and The Utah Public Employees Association , a copy of which is
attached hereto; and
;
WHEREAS, the Salt Lake City Council has appropriated neces-
sary funds required to implement the provisions of the Memorandum
of Understanding for fiscal year 1981-82 ; and
WHEREAS, provisions of the Memorandum of Understanding
relating to January 1 , 1982 , salary adjustments, and to compensa-
tion and benefits in future budget years, are made specifically
subject to subsequent evaluation and decision by the City Council
and to availability of surplus funds; and
WHEREAS, implementing legislation has been enacted by the
City Council ; and
WHEREAS, based upon the foregoing , the City Council desires
to hereby evidence its approval of said Memorandum of Under-
standing ;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake
City, Utah :
1 . It does hereby approve the attached Memorandum of Under-
standing.
2 . Ted L. Wilson, Mayor of Salt Lake City, Utah, is hereby
authorized to execute said Memorandum of Understanding on behalf
of Salt Lake City Corporation and to act in accordance with its
terms.
Passed by the City Council of Salt Lake City, Utah,
this b - day of L�q�, a , 1981 .
a SALT LAKE CITY CORPORATION
By62e4-644--4") 4 17G(A-6-L
CHAIRMAN
ATTEST:
CITY REC ER
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" L�Z/p — - - MEMORANDUM OF UNDERSTANDING Date
Dy - __-----
By and between SALT LAKE CITY CORPORATION, hereinafter referred to as "CITY"
and the UTAH PUBLIC EMPLOYEES ASSOCIATION, hereinafter referred to as the
"ASSOCIATION."
In full settlement of all wage and contractual issues, the parties agree to
extend the terms and conditions of the Memorandum of Understanding executed on
December 9, 1980 with the following understandings effective July 1, 1981
1. Delete Article VI, DUES DEDUCTION.
Add Article VI, DUES DEDUCTION, as follows:
The CITY agrees to deduct once each month, ASSOCIATION-member dues
and other fees designated by the ASSOCIATION from the pay of each employee
who individually requests in writing that such deductions be made. The
CITY further agrees to cease deduction of such fees upon written request
by the ASSOCIATION.
2. Modify Article X, HOURS OF SERVICE AND OVERTIME, paragraph D, OVERTIME
COMPENSATION, paragraph b, the paragraph relating to reimbursement of
meal expenses, as follows:
An employee required to work two (2) or more hours consecutive to
their regular-duty shift shall be paid for $3.50 as reimbursement for
meals. Employee shall receive $3.50 for each additional consecutive
four (4) hours of work in addition to their regular-duty shift. Such
reimbursements shall be made semimonthly to entitle employees upon such
terms and conditions as may be prescribed by department head concerning
applications or reimbursement verification of authorization.
3. Modify Article X, HOURS OF SERVICE AND OVERTIME, paragraph A, by adding
the following paragraph after the first paragraph;
The above notwithstanding, the Planning and Development staff of the
Airport shall be compensated at one-and-one-half times the applicable
o r y c bu t_6b, Liara—ut-c.8
' • ' hourly rate for all hours worked, as required by the Airport Authority,.
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prior to their regularly scheduled duty shift.
4. Modify Article X, HOURS OF SERVICE AND OVERTIME, paragraph F, CALLBACK
PAY, as follows:
All members of the bargaining unit who are called back to work after
having been released from duty will be guaranteed three (3) hours of pay
at their regular rate; provided, however, that only hours actually worked
will be used in calculation of overtime. Such employees may, subject to
departmental approval, indicate a preference for scheduling of compensatory
time off arising under' this section.
Renumber the remaining paragraphs which are entitled: "Overtime
Compensation - Police Exemption," "Cleanup" and "Inclement Weather," the
next in order.
S. Delete Article XIII, SICK LEAVE AND HOSPITALIZATION BENEFITS, paragraph E.
Add Article XIII, SICK LEAVE AND HOSPITALIZATION BENEFITS, paragraph E,
NOTIFICATION OF CONVERSION ELECTION, as follows:
The initial election by an employee to convert any sick leave to=
vacation time must be made by notifying the Director of the Office of
Personnel Management in writing.
Any subsequent election by an employee to convert any additional sick
leave to vacation time must be made by notifying the Director of the
Office of Personnel Management, in writing, on or before January 31 of
each year; otherwise, no conversion will be allowed for that calendar
year and such conversion privilege shall be deemed waived for that .
calendar year. In no event shall sick-leave days be converted for other
than the current year's sick-leave allocation,
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6. • 'Modify Article XI, HOLIDAYS, as follows: •
Delete the last Friday in April called "Arbor Day."
Effective January 1, 1982, add a personal floating holiday to the
holidays as listed in Article XI.
7. Delete Article XII, VACATIONS, paragraphs B, C and D.
Add Article XII, VACATIONS, paragraphs B, C and D, and modify paragraph
E:
Paragraph B - Vacations for first nine (9) years of full-time
employment: Every full-time employee shall earn a vacation period
of four (4) hours per semimonthly pay period from the date of full-
;
time employment; provided, further, that no such person shall be
entitled to any vacation unless such person has successfully completed
their probationary period of full-time employment with the CITY.
Paragraph C - Vacation during the tenth (10th) year of consecutive
full-time employment: Every full-time employee who has completed
nine (9) consecutive full years or cumulative full years of employment
in accordance with Article XXIII, SENIORITY, with the CITY shall
earn a vacation equal to five-and-two-thirds (5.66) hours per
semimonthly pay period from the date of their tenth (10th) anniversary
date of cumulative employment.
Paragraph D - Vacation during the fifteenth (15th) year of consecutive
full-time employment: Every full-time employee who has completed
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' fourteen (14) consecutive or cumulative years in accordance with •
Article XXIII, SENIORITY, of employment with the CITY shall earn
a vacation equal to 7.33 hours per semimonthly pay from the date
of their fifteenth (15th) anniversary date of cumulative employment.
Paragraph E: Modify as follows:
1. Paragraph 1 remains the same.
2. Paragraph 2:
Employees may accumulate vacations according to the
length of their full-time consecutive years of employment
with the CITY up to the following maximum limits:
a. After six (6) months - up to 25 days
b. After nine (9) years' - up to 30 days
c. After fourteen (14) years - up to 35 days
Any vacation earned or accrued beyond said maximum
shall be deemed forfeited unless utilized prior to the end
of the calendar year in which such maximum has been accrued.
3. Paragraph 3 remains the same.
8. Delete Article XIII, paragraph A 2 and 3, B - ACCUMULATION OF SICK LEAVE,
and G - SICK LEAVE BENEFITS UPON RETIREMENT.
Add Article XIII, Paragraph A 2 as follows:
Each full-time permanent employee in the ASSOCIATION shall earn
one (1) sick-leave day for each full month worked during any given
year, after successful completion of their probationary period.
Such sick-leave days shall be retroactive to their most recent date
of hire.
Paragraph B - ACCUMULATION OF SICK LEAVE:
Authorized and unused sick leave may be accumulated from year
to year, subject to limitations in Section G of this article.
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Paragraph G - SICK LEAVE BENEFITS UPON RETIREMENT:
In addition to the sick-leave-conversion privilege to vacation
days above described, at retirement an employee or the employee's
estate where death follows retirement but precedes payment, shall
be paid in cash, at the then-current pay scale, a sum equal to the
employee's daily rate of pay for twenty-five percent (25%) of the
accumulated sick-leave days reserved for the benefit of said
employee at the date of retirement.
In lieu of the above, employee may choose to elect to convert
sick-leave-conversion privilege to hospital and surgical coverage
at the rate of one (1) month of insurance for each day of accumulated
sick leave. The total sum shall not exceed fifty percent (50%) of
the accumulated sick days reserved for the benefit of said employee
at the date of retirement. This hospital and surgical coverage will
be applicable to the spouse after death of employee.
9. Delete Article XV, PART-TIME AND SEASONAL EMPLOYEES:
Add Article XV, PART-TIME AND SEASONAL EMPLOYEES:
Part-time and temporary employees shall not be entitled to any leaves
or other employment benefits whatsoever, unless required by Federal, State
or municipal law.
10. Modify Article V, ASSOCIATION RIGHTS, paragraph B, as follows:
Provide for nine (9) employee representatives distributed as follows:
Police 2
Parks Department 1
Water Department 1
Public Works and Fleet Management 1
City and County Building 1
Courts Building 1
Airport 2
11. Change Article XVI, LEAVES OF ABSENCE, paragraph C, LEAVE WHILE ON ANNUAL
ENCAMPMENT, as follows:
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L
, •All employees who are or shall become members of the•Organized
Reserve of the United States Army, Navy, Air Force, Coast Guard and
Marines shall be allowed the difference in pay between their regular
rate of pay and the base pay received while on duty, not to exceed
fifteen (15) days at annual encampment or rifle competition or other
duties in connection with\ the reserve training and instruction of the
Army, Navy, Air Force and Marines of the United States. This leave
shall be in addition to annual vacation leave with pay.
12. Delete Article XVII, paragraph B, LONGEVITY PAY.
Add Article XVII, paragraph B, LONGEVITY PAY, as follows:
In addition to the salaries herein provided, every officer and
employee who has completed nine (9) consecutive full years of employment
with the CITY, shall after the tenth (10th) anniversary date receive a
monthly longevity benefit in the sum of $50.00 per month.
In addition to the salaries herein provided, every officer and
employee who has completed fourteen (14) consecutive years of employment
with the CITY, shall after the fifteenth (15th) anniversary date receive
a total monthly longevity benefit in the sum of $75.00 per month.
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13. Delete Article XXIV, JOB BIDS.
Add Article XXIV, PRE-BID PROCEDURE, as follows:
A. PRE-BID PROCEDURES
In order that qualified employees may be given proper
consideration when a vacancy in a job exists, and the department
head deems it advisable to fill such vacancy on a permanent basis,
the department head shall utilize the following pre-bid procedure:
Employee shall have the full responsibility to request
a transfer or job bid to any appropriate job within the CITY.
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Employee shall have the responsibility. to update
request(s) for such pre-bid. Such requests shall be valid
for no more than a one-year period.
Employee(s) may apply at any time for a pre-bid in
writing on forms specified by the Office of Personnel
Management, to the Office of Personnel Management for
inclusion on such confidential register.
Such confidential pre-bid register shall be deemed
closed when the department head advises the Office of
Personnel Management in writing that a vacancy needs to be
filled on a permanent basis.
The Department head will make a selection from these
applicants on a register designated by the Director of the
Office of Personnel Management, solely on the basis of
qualifications; however, in the event that all qualifications
are equal, the applicable department or CITY length of
service shall be the basis of selection between such appli-
cants.
When a vacancy cannot be filled by the competent and •
experienced employees applying for the same job, the Director
of the Office of Personnel Management, at the recommendation
of the department head, shall announce the job vacancy for
external-recruitment purposes.
New positions shall be posted for a period not-to-exceed
five (5) working days, during which time employees may apply
in writing on forms specified by the Office of Personnel
Management, to the Office of Personnel Management for
appointment to fill such vacancy, setting forth any such
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information as may be required by the CITY.
Both parties agree to review the pre-bid procedure
within eighteen (18) months from the date this contract
takes effect, in order to identify and resolve any problems
and possibly returning to the bid procedure should such
action be necessary.
B. PROBATIONARY PERIOD -
A successful applicant for a job vacancy shall be on
probation for a period of not-to-exceed ninety (90) calendar
days, during the first thirty (30) days of which time the employee
may elect to return to the former position of employment. The
probationary period may be extended, if necessary, for training
purposes, if agreed upon by applicant and supervisor or departmet
head. During the probationary period, applicant shall not be
eligible to be selected for any other job vacancy. If retained
in the job applied for at the expiration of said probationary
period, applicant shall be ineligible to he selected for another
job opening for a period of nine (9) months after the expiration •
of said probationary period, unless authorization to apply is
given by the department head. If applicant is not retained in
said job so selected for beforethe expiration of the probationary
period, the employee shall be returned to the position held prior
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to being accepted in the job applied for.
14. Delete Article XXV, paragraph A, LABOR MANAGEMENT COMMITTEE, and parAgraph
C, PARKING COMMITTEE:
Add Article XXV, A, LABOR MANAGEMENT COMMITTEE:
There shall be a Labor Management Committee consisting of six members;
three employees appointed by the UNION and three employees appointed by
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the CITY. The Committee shall meet monthly or upon call 'of either. party.
in the event of an emergency. Meetings shall be on CITY time. It shall
be the general function of the Labor Management Committee to discuss
matters of mutual interest concerning wages, hours and other conditions
of employement except those which are specifically covered under Grievance
Procedure in accordance with Article XXVI. The Labor Management Committee
shall make appropriate recommendations to the cabinet-level directors for
their decision, which shall be final and binding.
15, Delete Article XXVI, GRIEVANCE PROCEDURE.
Add Article XXVI, GRIEVANCE PROCEDURE, as follows:
It shall be the policy of the CITY to adjust grievances of employees
properly and fairly. Within a framework of existing laws and regulations,
every reasonable effort shall be made to adjust grievances in a manner
mutually satisfactory to employees and management at the lowest possible
level.
This grievance procedure shall be utilized only for disciplinary
terminations and suspensions, EEO complaints, demotions, and transfers.
Any employee who believes that a grievance exists as defined above, may
personally or through a representative, utilize the grievance procedure
outlined herein.
The above notwithstanding, employees who have been terminated for
cause, may submit their grievance immediately to the third (3rd) step of
the grievance procedure outlined herein.
An employee has a right to a UNION representative at all formal
steps of the grievance procedure.
It is mutually understood that the prompt presentation, adjustment
and/or answering of the grievance is desirable in the interest of sound
relations between the employees and the CITY. The prompt and fair
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disposition of grievances involves important and equal obligations and
responsibilities, both joint and independent, on the part of the
representatives of each party to protect and preserve the grievance
procedure as an orderly means of resolving grievances.
Step 1: The grievance shall be submitted in writing to the
immediate supervisor and the employee may have a representative at
such meetings. The grievance shall be presented within ten (10)
working days from the time the grievance occurs or from the time the
employee could reasonably be expected to have become aware of such
occurrence, provided, however, both parties agree that during this
ten- (10) day working period the alleged grievance will be informally
discussed with the employee involved, supervision, and UNION
officials. Failure to provide such notice within the time specified
shall void any employee's grievance rights provided hereunder. The
supervisor shall render a decision on a grievance appropriately
filed within six (6) working days from the date that the grievance
was filed.
Step 2: If no settlement is reached under Step 1, then the grievance
shall be presented in writing to the next-level supervisor within six
(6) working days after Step 1. The next-level supervisor shall notify
the parties concerned of the decision within six (6) working days
after hearing the grievance.
Meetings held under Steps 2 and 3 of this procedure will normally
be held within ten (10) working days after receipt of the grievance
at each step; however, such limits may be extended as may be agreed
upon in writing by the parties hereto.
Step 3: If no settlement is reached under Step 2, the grievance shall
be submitted to a meeting between the Director of the Office of
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Personnel Management, the General Administrative Officer, and the
appropriate cabinet-level director, and a representative from the
INTERNATIONAL UNION or the UNION's business agent.
This meeting should be conducted within thirty (30) working
days following receipt of the grievance. Such decision shall be
final and binding absent a modification provided for tinder Step 4.
Step 4: If no settlement is reached under Step 3, the UNION may
appeal to the Mayor's Office in writing and by certified letter
within six (6) days of receipt of the decision under Step 3.
In the event of an appeal by the UNION, the employee may choose
to have the case heard in accordance with Section 10-3-1106, Utah
Code Annotated 1953, if appropriate, or to have a member of the
Personnel Advisory Committee Board hear the case and render a
recommendation to the Mayor and the Director of the Office of
Personnel Management.
Employees who choose to have a member of the Personnel Advisory
Committee Board hear the case will be required to sign a waiver of
their rights under Section 10-3-1106, Utah Code Annotated 1953.
. This waiver is attached to this Memorandum of Understanding as
Exhibit B.
The Appeals Board or the member of the Personnel Advisory
Committee shall submit a recommendation to the Mayor, to the Director
of the Office of Personnel Management and the appropriate cabinet
director within thirty (30) working days after such hearing.
If no settlement is reached regarding termination within ten
(10) working days after receipt of the recommendation by the Appeals
Board or the Personnel Advisory Committee member.
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The CITY agrees not to retaliate against any employees who
exercise their right under the aforementioned grievance procedure.
16. Delete Article XXVIII, UNIFORM FORMS.
17. Delete Article XXI, INSURANCE.
Add Article XXI, INSURANCE:
The CITY will make available life, accidental death, dismemberment,
dental and health insurance to all employees covered under this
Memorandum upon the terms and conditions as may be from time to time
determined by the CITY. The parties agree that said insurance should at
all times be substantially equivalent to or greater in value to the
insurance made available to such employees on the date of this agreement,
and that in the event of an increase in premiums after said date, premium
costs thereafter shall be borne upon the following ratios:
CITY - 74% of total group premium
Employee - 26% of total group premium
Effective July 1, 1981 the CITY will make available a hospital and
surgical plan for full-time employees which will cover all eligible
medical expenses incorporating the following general concepts:
- $100 deductible per year per person, deductible maximum $300 per •
family.
- 80/20 coinsurance for all other eligible expenses up to and
including $2,500 per year per member.
- 100% insurance for all other eligible expenses paid thereafter.
The CITY will make available a life-insurance plan for full-time
employees equal to one times annual salary.
Life-insurance benefits will be reduced one-third (1/3) at age 65
and to $1,000 at age 70..
The CITY will make available a dental plan for employees and their
dependents which will incorporate the following general concpts:
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• - $50 deductible lifetime per person.
;AQQ per year maximum benefit paid.
- 100% of Class 1 Dental to include X-ray, exam, cleaning and fluoride
treatments.
- 80% of Class 2 to include normal fillings.
- 50% of Class 3 Dental to include crowns and bridges.
The CITY will make available a consulting service which will provide
consulting by an outside confidential firm for drug abuse, alcoholism and
marriage counseling.
18. Delete Article VIII, WAGE SCHEDULE.
Add Article VIII, WAGE SCHEDULE:
Effective July 1, 1981, increase the straight-time hourly rates of
occupations listed in Appendix "A" by 6%. This wage schedule will remain
in effect through June 30, 1982.
Effective January 1, 1982, in the event a surplus develops in the
•
general fund of the CITY sufficient to finance salary adjustments in
addition to those provided above, the CITY shall adjust salaries provided
hereunder, in an amount not-in-excess-of 5% of the amount specified above;
provided, however, that any and all such adjustments shall specifically be
contingent upon ratification and approval by the City Council, in
accordance with paragraph 9, sub-paragraph (c) of the Salt Lake City
Second Amended Collective Bargaining Resolution of December 7, 1978. The
CITY reserves the right to determine whether a surplus exists and to
allocate any such surplus among any or all portions of its work force.
Effective July 1, 1981, all new employees will be hired at 10% below
entry salary, increase of 5% after successful completion of the probation-
ary period, and entry-level rate of pay at completion of one year of
continuous service.
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19. Delete Article XXXII , TERM OF AGREEMENT -
Add Article XXXII , TERM OF AGREEMENT, as follows : •
This MEMORANDUM shall remain in effect through June 30 , 1982
with the following exceptions :
(a) It is understood by the parties hereto that certain
provisions of this agreement cannot he implemented by
the CITY except upon public notice and hearing and
compliance with various statutory and legal require-
ments.
(b) The parties hereto may, by mutual consent, agree to
amendment to this Memorandum.
(c) Both parties agree that this Memorandum is subject to
available funds and ratification by the City Council
in accordance with paragraph 9 , sub-paragraph (b) of
the Second Amended Labor Bargaining Resolution, Salt
Lake City, Utah December7 , 1978 .
IN WITNESS WHEREOF, the parties hereto have fixed their
hands and seals this day and year first above written.
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SALT LAKE C TY CORPORATION
By
MAYOR
ATTEST:
(-<:,d/A
(-7/MA,d_Li.il
/ CJ TY RECORDER
UTAH PUBLIC EMPLOYEES ASSOCIATION
By
M ER-UPEA NEG TING COMMITTEE
1 •
MEMBER-UPEA NEGOTIATING COMMITTEE
•
STATE OF UTAH ) •
: ss.
County of Salt Lake)
On the 9J day of atip4t.1, 1981, personally appeared before me
TED L. WILSON and KATHRYN MARSHALL, who being by me duly sworn, did say that they
are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, and
that said instrument was signed in behalf of said Corporation by authority of a
motion of its City Council passed on the b di day of 12A1,�0-- ,1981; and
said persons acknowledged to me that said Corporation executed the same.
•
NOTAgY P BLIC, residing in Salt Lake
County, State of Utah
My Commission Expires:
. ,,,,b , �/� 11r�.5
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STATE OF UTAH )
ss.
County of Salt Lake)
On the 23rd day of July, 1981, personally appeared before me Don Clawson, who
being by me duly sworn, did say that he is the Director of Employee Relations of the
UTAH PUBLIC EMPLOYEES ASSOCIATION, and Kathleen Grames and Steven L. Domino, who being
by me duly sworn, did say that they are members of the committee of such Association,
that all three such persons executed the foregoing instrument on behalf of said Asso-
ciation by authority of the Board of Directors of said Association and that said in-
strument has been duly ratified and approved by the membership of said Association
and that their execution hereof constitutes as valid and binding action on behalf of
said Association and its membership.
NOTARY PUBLIC, residing in Salt Lake
County, State of Utah
My Commission Expires:
_PAY
CLASS N P A B C D E
201 504 532 560 587 614 644 677
202 522 551 580 607 635 666 699
203 540 570 I 600 628 661 696 732
204 559 590 I 621 655 683 718 754
205 577 609 641 676 711 744 782
206 601 635 668 703 737 775 813
207 626 661 696 730 763 802 843
208 651 687 723 763 797 837 879
209 681 719 757 792 826 868 908
210 713 752 792 826 856 _ 908 955
211 743 785 826 866 907 953 999
212 774 817 860 900 950 995 1046
213 810 855 900 941 990 1040 1091
214 847 894 941 990 1037 1089 1144
215 884 933 982 1037 1085 1137 1195
216 933 985 1037 1085 1138 1201 1262
217 977 1031 I 1085 1138 1194 1255 1318
218 1024 1081 1138 1194 1255 1318 1385_
219 1081 1141 I 1201 1255 1318 1385 1453
220 1136 1199 1262 1324 1385 1453 1527
221 1198 1264 1331 1399 1467 1542 1618
222 1264 1335 1405 1474 1543 1618 1699
223 1333 1407 1481 1556 1631 1714 1801
224 1414 1492 1571 1644 1719 1809 1897
225 1493 1576 1659 1739 1821 1910 2007
NOTE: Effective July 1, 1981, all new employees will be hired at 10% below entry
level salary (Step "N"). A 5% increase will be available after successful
completion of 6-month probationary period (Step "P"). After 1 year of con-
tinuous employment, employee will advance to "A" Step. Thereafter, merit
increases are available annually, from date of last increase or promotion.
7-6-81 pc
WAIVER OF APPEALS BOARD
I, , request that the grievance,
dated be reviewed under the grievance
procedure set forth in the Memorandum of Understanding between the
"ORGANIZATION" and the "CITY," as amended. In consideration thereof, I
expressly waive any alternative rights to Employee Appeals Board review
under Section 10-3-1106, Utah Code Annotated 1953, as amended.
IN WITNESS WHEREOF, the parties hereto have fixed their hands and
seals the day and year first above written.
SIGNED:
•
ATTEST:
NOTARY