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73 of 1981 - MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN SALT LAKE CITY CORPORATION AND LOCAL 1004 OF THE AMERICAN • Resolution No. „4.) ^•. - By City Council • Auth. the execution of a memorandum of understanding between SLC Corp. and Local 1004 of the American Fed- eration of State, County and Munici- pal Employees. . "r • _ f J RESOLUTION NO. 13 OF 19sf ,, AUTHORIZING THE EXECUTION OF A MEMORANIJUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND LOCAL 1004 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES 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 Local 1004 of the American Federation of State, County and Municipal Employees, 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. D 'ro _ _°--7.--1- .-'Lj MEMORANDUM OF UNDERSTANDING 3 THIS MEMORANDUM OF UNDERSTANDING, entered into this day of , 1981 , by SALT LAKE CITY CORPORATION, hereinafter referred to as the "CITY" and Local 1 004 of the AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, G• AFL-CIO, hereinafter referred to as the "UNION" . 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 the 2nd day of April, 1981 , with the following understandings effective July 1 , 1981 : WITNESSET H: WHEREAS, the CITY has endorsed the practices and procedures of collective bargaining specified in its collective-bargaining resolution of November 16 , 1977 , as amended on February 7, 1978, ® hereinafter referred to as "RESOLUTION" , as a fair and orderly way of conducting its relations with its employees insofar as such practices and procedures are appropriate to the functions and obligations of the CITY and to retain the right effectively to operate in a responsible and efficient manner, consistent with the paramount interests of the CITY; and WHEREAS, the parties recognize that this Memorandum of Understanding , hereinafter referred to as "MEMORANDUM" , is not intended to modify any of the discretionary authority vested in the CITY by the Constitution and Statutes of the State of Utah, • the body of law developed thereunder or under its ordinance or collective-bargaining resolutions ; and WHEREAS, it is the intention of the parties to this agree- ment to negotiate, where not otherwise mandated by Statute or Ordinance, for the salary structure, fringe benefits and employ- () ment conditions of the employees in the CITY 's Operations and Maintenance Unit, hereinafter referred to as "UNIT" , to prevent interruptions to work and promote the efficient operation of the CITY, and to provide an orderly and prompt method of handling and processing grievances. • NOW, THEREFORE, the parties hereto declare their mutual understandings as follows : • ARTICLE I . PRODUCTIVITY AND CONSTRUCTION OF MEMORANDUM ® Delivery of municipal services in the most efficient, productive and courteous manner is of paramount importance to the CITY and the UNION. Such achievement is recognized to be a mutual • °--61/2+I - t/uc li, 19 Ca- • • • I •• !Si • obligation of both parties within their respective roles and responsibilities. All provisions of this MEMORANDUM shall be construed in compliance • with such obligation and shall not abrogate in any respect provisions of the CITY ' s Collective Bargaining Resolution or the Revised Ordinances of Salt Lake City, Utah, 1965. All questions of interpretation of this MEMORANDUM shall be resolved by the CITY. 4 ARTICLE II . RECOGNITION The CITY recognizes the UNION as the exclusive bargaining agent pursuant to the CITY ' s Collective Bargaining Resolution for the purpose of negoti- ating salaries, wages, hours and other conditions of employment for employees in the CITY ' s Opera- tions and Maintenance Unit. These rights of the employees ' bargaining agent shall remain in effect subject to the terms and conditions of the CITY ' s collective bargaining resolution. ARTICLE III . MANAGEMENT RIGHTS The City retains exclusive rights to manage all phases of its operations and to direct the 1 working forces except as specifically modified , curtailed , delegated or relinquished under the terms of this MEMORANDUM. ARTICLE IV. EMPLOYEE RIGHTS A. CITY employees shall have the right to form , join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations or to refuse to join or participate in such activities and shall have the right to represent themselves individually in their employment relations with the CITY . Employees shall be free from any and all restraint or coersion in the exercise of their rights and shall not be discriminated against because of membership or non-membership or activity or non-activity with the UNION, or because of membership or affiliation with another labor organization. B. Both parties to this MEMORANDUM agree to assure equal-employment opportunity to all employees and applicants for employment and to prohibit any employment practice which -2- I r • r I. discriminates against any employee or applicant for employment with respect to compensation, terms, conditions or privileges of employment because of an individual 's race, color, religion, national origin, marital status, eligibility for military service , sex, age ( as provided by law) or mental or physical handicap, to the full extent required by law. It is further agreed that representatives of both parties shall comply with this provi- sion in the administration of this memorandum. Except where bona fide occupational qualifications exist, the use in this memorandum of the masculine pronoun shall refer to either sex. C. If the subject matter of discussions with an employee and a decision by the City thereon would effect an interpretation or change in this MEMORANDUM, the UNION shall have the right to be heard before final action is taken by the City. D. The CITY will make available to the UNION for 3 distribution one ( 1 ) copy of this MEMORANDUM for each employee in the UNIT, in design and form determined by the CITY. The CITY agrees to consult with the UNION on form and the UNION agrees to consult with the CITY on mode of distribution of such copies. ARTICLE V. UNION RIGHTS A. The UNION shall have the right to present its views to the CITY either orally or in writing . A representative of the UNION shall, at an employee 's request, be given the opportunity to be present for hearings in processing an employee 's grievance under the CITY 's grievance procedure . The UNION accepts the responsibility for, and agrees to represent in good faith, the interests of all employees in the UNIT without discrimination and without regard to membership in the UNION. B. The CITY agrees to recognize the officers and duly-designated representatives of the UNION. The UNION agrees to keep the CITY advised, in writing , of its officers and stewards. The number of UNION stewards shall -3- be the number reasonably required , as determined by consultation, to assure that each employee in the UNIT shall have access to a UNION steward; provided however, in no event shall there be more than twenty-two ( 22 ) such stewards assigned as follows: Public Utilities Department--seven ( 7 ) ; Public Works Department--seven ( 7 ) ; Parks Department -- 0 five ( 5 ) ; and Airport--three ( 3 ) . The duly- designated UNION stewards, shall , upon proper notification to their immediate supervisors and receipt of permission from such supervisors, be allowed a reasonable opportunity, during working hours, for the purpose of investigating and adjusting grievances. Such permission shall not be unreasonably denied . The duly designated Chief UNION Steward shall have the right to represent employees in other divisions within a department providing that there is no other UNION steward available to handle the situa- tion. C . It is agreed that internal UNION business such as soliciting membership, collecting dues, electing officers, membership meetings, and a posting and distributing literature will be conducted during the non-duty hours of the employees with the sole exception of the following: 1 . One UNION steward from each department ` shall, upon receipt of permission from such employee ' s immediate supervisor, be allowed a reasonable period during working hours, to attend UNION meetings or to participate in other UNION business as necessary, up to a maximum period of two hours per month, unless otherwise approved by the Department Head ; and 2. Employees designated as official delegates to UNION conferences and conventions shall © be allowed time off with pay for the purpose of attending such conferences and conventions, which time off shall not exceed the total of ten ( 1 0 ) working days per calendar year for the aggregate of all such employees. In all such cases, the employees involved wil obtain prior permission from their immediate -4- r e i supervisors at the earliest opportunity to do so. Such permission shall not be unreasonably denied . ARTICLE VI . DUES DEDUCTION The CITY agrees to deduct once each month, UNION membership dues and other fees designated by the UNION from the pay of each employee who individually requests in writing that such deduc- tions be made . The CITY further agrees to cease deduction of such fees upon written request by the UNION. The CITY will provide to the UNION a quarterly list of membership additions and deletions as computed by the CITY 's payroll department. Such information will be provided upon the UNION 's request on January 1 , April 1 , July 1 and October 1 of each year. I ARTICLE VII. BULLETIN BOARDS The CITY agrees to designate space not less than four ( 4 ) feet wide and three ( 3 ) feet long in convenient view as determined by the CITY at the Water Department Complex at 1530 South West Temple, at the Public Works Department Complex at 850 South 300 West, at the Salt Lake City Inter- national Airport, at the Public Safety Shops, 166 West 700 South, at the Parks Department Complex, 1965 West 500 South, at the Salt Lake City Cemetery and Water Reclamation Plant. Said space shall be available to the UNION for posting notices bearing the written approval of the UNION and shall be restricted to non-partisan and non- controversial matters. They may include: notices of UNION recreational and social affairs ; notices of UNION elections; notices of UNION appointments and results of UNION elections; notices of UNION meetings and agenda; notices concerning bona fide UNION activities such as cooperatives, credit unions and unemployment compensation information; and/or, other notices. The labor-management committee may make recommendations to the Mayor regarding placement of additional bulletin boards which shall be maintained by the UNION for the purpose of UNION posters, according to the criteria of this article . -5- 0 There shall be no other general distribution, solications or posting of pamphlets, advertising or policital matter, notices, or any kind of literature or solicitations upon CITY property other than as herein provided . Nothing herein shall be construed to prohibit distribution of appropriate UNION publications or notices as defined hereinabove to members of the bargaining UNIT. ARTICLE VIII . WAGE SCHEDULE Effective July 1 , 1981 , adjust the current wage schedule in accordance with Appendix "A" . This wage schedule will remain in effect through June 30, 1984. All regular, full-time employees shall be paid monthly salaries. Part-time and seasonal employees shall be paid on an hourly basis. No employee on an hourly basis shall receive in excess of the starting rate of pay for similar job duties under the wage structure for newly-hired , regular employees. ARTICLE IX. SHIFT DIFFERENTIAL 3 In addition to the wage rates referred to under Article VIII, the CITY shall pay an hourly premium of fifteen cents ( 15c) to full-time salaried employees who work a regularly-scheduled swing shift ( starting hours between 12: 00 noon and 0 8: 59 p.m. ) and twenty cents ( 20C) to employees who work a regularly-scheduled night shift ( starting hours between 9: 00 p.m. and 5: 59 a.m. ) Shift differential premiums shall be used in the computation of overtime pay under Article XI of Q this MEMORANDUM; however, such premiums shall not be used to compute compensation for standby, callback, or any other premium pay or minimum hourly guarantees . ARTICLE X. WAGE DIFFERENTIALS In addition to the wage rates referred to under Article VIII , employees designated by the CITY as members of the Snow Fighter Corps, shall receive a pay differential equal to one-hundred dollars ( $100 .00 ) per month during the periods of 0 November 15 through March 15 of each year. Such pay differential shall be for work related to snow removal and shall be specified separate from -6- 0 • regular earnings on each employee ' s semi-monthly wage statement. The decision as to which ` 4 employees shall be assigned to or removed from the Snow Fighters Corps shall be at the sole discretion of the CITY. All full-time, permanent employees who are assigned to refuse collection, while performing duty on collection vehicles manned by no more than one employee each, shall receive a pay differen- tial , separate and apart from their base salaries of $300. 00 per month for the months of April through October, and $275. 00 per month for the months of November through March of the following year. The following conditions shall apply to this differential : A. Payment shall be made only for days actually worked on a one-person crew; accordingly, absences from scheduled work for vacation, 0 sick leave , industrial injury or any other reason shall reduce the monthly differential on a pro rata basis; and B. Employee substituting on a one-person crew 0 shall be given a pro rata share of the differential for days so worked. ARTICLE XI . HOURS OF SERVICE AND OVERTIME A. HOURS OF WORK 4 Forty hours shall constitute a normal work week and eight hours a normal work day, except for work incentive programs approved by the CITY; provided, however , only work in excess of forty hours per week shall be considered as 0 overtime work. Overtime work is to be discouraged . In case of emergency or whenever public interest demands, an employee may be required to perform overtime work by a department head. This clause shall not be construed to limit or prevent the CITY from changing or establishing work shifts as the need arises or to guarantee employees forty ( 40 ) hours work per week or eight ( 8) hours work per day. However, should the CITY adopt a work week consisting of four 10-hour days , or any other work schedule other than as presently adopted , for and of its employees , the CITY shall -7- 3 provide fourteen ( 14 ) days notice of such change to all employees whose work schedules are thus altered . Five ( 5 ) working days notice shall be given for shift changes. Similar notice may be given, but not required , for overtime , callback and standby assignments; provided , however, that if less than five ( 5 ) hours notice is given of an CE emergency shift change to an employee (other than a member of the Snow Fighter Corps. ) , such employee shall be entitled to the compen- sation provided under Article XIII of this MEMORANDUM for each shift worked without such notice . Notice may be given orally, in writing , or by posting on the bulletin board. Employees having reasonable cause to believe that their work assignments have been altered shall have a duty to inquire regarding such change to their immediate supervisor and the bulletin board. B. REST PERIODS Employees shall be entitled to a fifteen 10 minute rest period or coffee break during each consecutive four ( 4 ) hour working period, which time shall be included within the work shift, except where extraordinary circum- stances render such break impracticable. A 4 reasonable effort shall be made to provide such breaks near the middle of four (4 ) hour work period; provided , however, there shall be no additional compensation paid to employees electing or required to forego such rest period. C. MEAL PERIODS All employees shall be granted up to, but not to exceed, a sixty-minute lunch period during each work shift; provided , however, 0 said lunch period shall be scheduled in accordance with optional needs of the department by the shift supervisor. Such lunch periods may be waived at request of the employee and concurrence of the supervisor . No employee shall be compensated for such ® periods unless the employee is required by the supervisor to be on the worksite, and is required to perform any work during such time, -8- 0 then such employee will be paid for the work. D. CLEAN UP PERIOD Employees shall be granted a personal cleanup period prior to the end of each work shift. The duration of such peiod shall be as determined to be hygienicly necessary by an employee 's immediate supervisor, not to exceed a maximum of fifteen ( 15) minutes per duty shift, inclusive of shutdown and travel times, unless a longer period has first been authorized by the immediate supervisor based upon extraordinary need and circumstances . E. OVERTIME COMPENSATION 1 . Employees required to perform overtime work shall be compensated either by pay at one and one-half the applicable hourly 0 rate, or an allowance of time off from } employment with pay on the basis of one and one-half hours off for each hour of overtime worked . The determination of whether to award pay or compensatory time off shall be the absolute discretion of the CITY, except, however, that employees may indicate a preference for form of overtime payment contingent upon approval by the department head , scheduling requirements and availability of funds. Overtime work shall be distributed among qualified employees on the following basis : (a) A reasonable attempt shall be made tc offer overtime work to qualified employees on a rotation basis; first to the employee with the least number of overtime hours worked or offered for the month, and so on, until the overtime work has been accepted or until all employees contacted have declined such work. In cases where two or more employees have an equal number of overtime hours as set forth above, seniority shall govern. Hours of overtime work offered but declined by an employee shall be computed as O time worked for purposes of determin- ing overtime eligibility under this paragraph; however, nothing in this -9- 1 4 section shall require payment for overtime hours not worked. (b ) If no qualified employee accepts overtime work under the foregoing provisions, overtime assignments shall be made by the CITY by first attempting to contact the qualified employee with the least seniority, and thereafter to the next least senior, qualified employee, and so on, until all overtime work assignments have been made . For an employee to refuse an overtime assignment under this paragraph shall be grounds for disciplinary action. When time off from employment is allowed as compensation for overtime, such time off shall be granted within 3 twelve ( 12 ) months from the perform- ance of overtime work . 2 . Notwithstanding the provisions of subsec- tion ( 1 ) , it is recognized that in certain instances, work in addition to regular 3 duty hours may be the most efficient means of accomplishing municipal duties under circumstances where budgetary constraints do not permit overtime compensation in excess of regular hourly rates. Under f such circumstances, the City may accept petitions from eligible employees, on forms approved by the City Attorney, for extra work in addition to regular duty hours within their own department, on a straight-time, hourly basis. The acceptance of such petitions by the CITY shall be deemed a waiver of the petition- ing employees ' rights to receive overtime compensation in excess of their regular hourly rates and shall render such employees ineligible for overtime compensation in excess of their regular hourly entitlements. 3 . All paid time shall be defined as time worked for purposes of overtime computation; provided , however, that call- back and standby pay premiums or unworked hourly guarantees shall be excluded from such computation. -10- 3 • 4. Reimbursement of meal expenses. An employee required to work two (2) or more hours consecutive to their regular duty shift shall be paid three dollars and fifty cents ( $3 . 50 ) as reimbursement for meals. Employee( s ) shall receive three dollars and fifty cents ( $3 . 50) for each additional consecutive four ( 4 ) hours of work in addition to their regular duty shift. Such reimbursements shall be made semi-monthly to entitled employees upon such terms and conditions as may be prescribed by a department head concerning applications for reimbursement verifica- tion of authorization . F. AVAILABILITY FOR WORK Any employee failing to remain available for work as required or to report to work in suitable condition to perform job functions, shall be subject to disciplinary action and forfeiture of applicable compensation; provided, however, that employees directed to return to work on callback status shall as early as possible, inform the supervisor of any incapacity to perform the work directed . Any employee so incapacitated shall not be subject to disciplinary action hereunder. Any employee determined as unfit at time of report to callback duty shall not receive any compen- sation otherwise due him/her. ARTICLE XII . STANDBY PAY • Employees may be required by an appropriate department head or designated representative to keep themselves available for CITY service during otherwise off-duty hours and either remain at home or leave word where they can be reached for an immediate call to service. Such employees shall receive the following compensation in addition to that to which they are otherwise entitled: 1 . Employees designated by the CITY as members of the Snow Fighter Corps, shall be required to standby to respond to emergency situations on a continuous basis and shall receive therefore the compensa- tion referred to under Article VIII of this MEMORANDUM or overtime compensation -11- where applicable, but no other compensation or minimum hourly guarantees. 2 . All other employees required to standby to respond to emergency situations shall receive two ( 2 ) hours straight time pay per each 24-hour day they are on standby status. In addition thereto, each such employee shall be guaranteed a minimum four ( 4 ) hours ' work or straight-time pay therefore on such occasions as they actually report to work while on standby status. ARTICLE XIII . CALLBACK PAY Employees who have been released from normally scheduled work and standby periods who return to work upon direction of an appropriate department head or designated representative, without advance notice or scheduling , shall receive a premium of three ( 3 ) hours ' straight-time pay and shall be guaranteed a minimum four ( 4 ) hours ' work or straight-time pay therefore. ARTICLE XIV. HOLIDAYS A. HOLIDAYS SPECIFIED The following days shall be recognized and observed as holidays for all full-time , permanent employees. Part-time and seasonal employees shall not be entitled to holiday benefits. All such employees shall receive their regular rate of pay for each of the following unworked holidays : 1 . The first day of January, called New Year's Day ; 2. The twelfth day of February, the anniversary of the birth of Abraham Lincoln; 3 . The third Monday of February, observed as the anniversary of the birth of George Washington; 4 . The last Monday of May, called Memorial Day; 5. The fourth day of July, called Indepen- -12- 3 C) dence Day; 6. The twenty-fourth day of July, called Pioneer Day; 7. The first Monday in September, known as Labor Day; () 8. The second Monday of October, known as Columbus Day; 9. The eleventh day of November, known as Veteran ' s Day; 10. The fourth Thursday in November, known as Thanksgiving Day; and 11 . The twenty-fifth day of December , called Christmas. ® 12. Effective January, 1982 , one personal holiday can be taken upon request of the employee at the discretion of the department head. B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. ® In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council . C. HOLIDAY WORK Full-time , permanent employees required to work on a day designated for celebration of a holiday hereunder shall , in addition to their holiday pay, receive pay at their regular rates or compensatory time off on a straight- time® basis; provided, however, that when hours worked plus designated holiday hours exceed 40 hours in a single work week, overtime compen- sation shall be granted an employee in addition to his or her holiday pay. For purposes of this section , hours worked shall be construed as paid time as defined under the overtime section of this MEMORANDUM. -13- D. HOLIDAY PAY LIMITATION No employee shall receive in excess of one day of holiday pay for a single holiday. All employees must work or be on authorized leave their last scheduled working hours before and the next scheduled working day following the holiday to qualify for holiday pay. E. COLUMBUS DAY EXCEPTION Columbus Day may be celebrated within 45 days following the date of its actual occurrence as specified in Section A above; provided, however , that an employee may celebrate said Columbus Day on a day other than specified if a written request is approved in writing by the employee's supervisor, who shall have the sole and absolute discretion to approve any such request. ARTICLE XV. VACATIONS A. VACATIONS AUTHORIZED } Full-time, permanent employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article. Part-time and seasonal employees shall not be entitled to any vacation or termination benefits. B. VACATIONS FOR THE FIRST NINE YEARS OF EMPLOYMENT Every full-time employee shall earn a vacation period of four ( 4 . 00 ) hours per semi- monthly pay period from the date of full-time employment; provided further , that no person shall be entitled to any vacation unless such person has successfully completed their probationary period of full-time employment with the CITY. 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 -14- Article XXIV, Seniority, paragraph (A) with the CITY shall earn a vacation equal to 5.66 hours per semi-monthly pay period from the date of their tenth (10th) anniversary date of cumulative employment. D. VACATION DURING FIFTEENTH (15TH) YEAR OF CONSECUTIVE, FULL-TIME EMPLOYMENT Every full-time employee who has completed fourteen (14) consecutive or cumulative years of employment with the CITY, in accordance with Article XXIV, Seniority, paragraph A, shall earn a vacation equal to 7.33 hours per semi-monthly pay period from the date of their fifteenth (15th) anniversary date of cumula- tive employment. E. RULES FOR TAKING VACATION J 1 . Employees with the greatest departmental seniority shall be given the first con- sideration for requested vacation periods, provided requests are made prior to April 15 of the current calendar year. Both parties agree that requests shall not be 0 accepted prior to January 1 of the current calendar year for that calendar year. Thereafter, vacation requests shall be granted on a first-come, first-serve basis. 0 2. Employees may accumulate vacations, (including both earned vacation and sick leave conversion time), according to the length of their full-time consecutive years of employment with the CITY up to O the following maximum limits: (a) After 6 months -- up to 20 days; (b) After 9 years -- up to 25 days; (c) After 14 years -- up to 30 days. O 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. Except upon termination as provided in Section F or purchase as provided in Section G, no officer or employee shall be -15- • • entitled to be paid for vacation earned but not taken. F. BENEFITS UPON TERMINATION 1 . Every employee whose employment is termi- nated by resignation or otherwise shall be entitled to be paid for: ( a) All earned vacation time accrued, unused , unforfeited and lawfully for- warded from previous years, plus; (b) A termination benefit consisting of all vacation accrued , unforfeited and unused for the year of employment during which the termination shall occur. (c) In cases of permanent separation, the CITY will use its best efforts to compensate employees for unused com- pensatory time off, within forty- eight ( 48 ) hours from the date of termination. 2 . However, the foregoing provisions of sub- section ( 1 ) , notwithstanding , no employee shall be entitled to any termination bene- fit or payment for any vacation time which has not been vested , accrued , unforfeited and unused and shall not be entitled to any payment or termination benefit: (a) Until an employee has completed six ( 6 ) months of full-time employment with the CITY; or (b ) If any resigning employee fails to give at least ten ( 10 ) days prior written notice to his department head of his contemplated resignation. G. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE 1 . The CITY may purchase up to, but not exceeding, two ( 2 ) weeks of earned and accrued vacation time, to which an employee is entitled as authorized in this article, with the consent of said employee and upon the favorable written recommenda- tion of the employee ' s department head . -16- • 2. Said purchase of accrued vacation time may be authorized, in the sole, exclusive and absolute discretion of the CITY, when, in its judgment, it is demonstrated that: ( a) Vacation time is accrued and earned in accordance with this agreement; (b) The cash payment in lieu of vacation time use will not interfere with an employee ' s performance or create an unreasonable hardship on said employee 's family; (c ) There is a demonstrated need for the CITY to retain the services of the employee for the said vacation time; (d) There are sufficient monies in the departmental budget to pay for the vacation time as certified by the City Finance Director or designee, without disturbing or interfering with the delivery of CITY services; and 3 (e ) The employee consents voluntarily to the cash payment in lieu of time off from his regular work schedule . The foregoing, notwithstanding , under no circumstance may the CITY purchase more than two (2) weeks of said earned but unused vacation time from a single employee during any twelve ( 12 ) month period. 3 . The amount to be paid for any such pur- chase of vacation time as provided herein shall be based on the wage or salary rate of the said employee at the date of approval by the CITY. However, under no circumstances shall any overtime compensa- tion be paid , computed or accrued by virtue of the CITY authorizing an employee to work a vacation period and receive cash payment therefor in lieu of use. 4 . The CITY and its departments will extend a diligent effort to provide every employee his earned annual vacation and shall , -17- C through appropriate management efforts, seek to minimize the recommendations for cash payments in lieu of vacation use . Any vacation purchase by the CITY shall be considered to be an extraordinary circum- stance and not a fringe benefit of the employee. ARTICLE XVI . SICK LEAVE AND HOSPITALIZATION BENEFITS A. SICK LEAVE POLICY AND PROCEDURES 1 . Sick leave shall be provided for all permanent, full-time employees only, as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. 2. Each full-time, permanent employee represented by the UNION shall earn one 4 sick-leave day for each full month worked during any given year, after successful completion of their probation period . Such sick-leave days shall be retroactive to their most recent date of hire . 3 . Employees absent from work on account of illness or injury shall report intended absence to their department head or super- visor when possible before commencement of duty shift as soon as practical , but in no event later than fifteen ( 15) minutes after commencement of such shift unless justified by extraordinary circumstances. 4 . An employee requesting sick leave in excess of two days for any one illness may be required by his or her immediate ` supervisor to P provide documentation by a written certification from a health department nurse or a licensed practicing and attending physician, that during the period of leave, the absent officer or employee was prevented by illness from discharging the duties required by his office or position of employment. Such certification shall also be required of any employee claiming sick-leave benefits for an absence not reported in compliance with subsection (3 ) hereof or at such other times at which verification is requested by a supervisor or department -18- 0 head when he/she has grounds to believe an abuse of sick leave has occurred. Full verification, when requested, shall be a condition precedent to receipt of sick leave benefits; provided, however, that when an employee has not consulted a physician during the term of his or her sick leave, and is notified less than one- half of his or her previously scheduled shift prior to return to work, that medical verification will be required, alternative means of verification shall be permitted. 5. A health department nurse shall be avail- able, at the request of employees or their supervisors, to provide examination or certification under the provisions of this section. = 6. Disciplinary action shall be deemed mandatory for abuse of sick-leave privileges or procedures, except where the employee demonstrates justifiable excuse to his or her supervisor. 7. Both parties agree that each cabinet level department shall identify a specific sick- leave program with the intent of reducing the current sick-leave utilization below two percent (2%) of total hours worked during any given twelve-(12) month period. Such programs shall be reviewed at the next collective-bargaining session for possible consideration to utilize on a City-wide basis. Both parties further agree that the rules and regulations regarding sick-leave and hospitalization benefits as identified in Article XVI shall be used as guidelines for the departments in establishing their various sick-leave programs. B. ACCUMULATION OF SICK LEAVE Authorized and unused sick leave may be accumulated from year to year subject to limitations of Section G of this article. C. SICK LEAVE CONVERSION TO VACATION TIME Effective and commencing January 1, 1979, -19- 1, any employee who has accumulated to his credit thirty ( 30 ) sick leave days may choose to convert a portion of the yearly sick-leave grant for any given year to vacation under and subject to the following provisions: 1 . If the employee making the election has not used sick-leave days or shifts during the previous calendar year, he shall be entitled to convert five ( 5) days to vacation days. Such converted sick-leave days shall be permitted as vacation days in addition to any other vacation award to which said employee is entitled under the provisions of this article. 2 . If the employee making the election has used one sick-leave day during the previous calendar year, he shall be entitled to convert four (4 ) days to vacation days. Such converted sick-leave days shall be permitted as vacation days in addition to any other vacation award to which said employee is entitled under the provisions of this article . 3. If the employee making the election has used two sick-leave days during the previous calendar year, he shall be entitled to convert three ( 3 ) days to vacation days. Such converted sick-leave days shall be permitted as vacation days in addition to any other vacation award to which said employee is entitled under the provisions of this article. 4 . If the employee making the election has used three (3 ) sick-leave days during the previous calendar year, he shall be entitled to convert two ( 2 ) days to vacation days . Such converted sick-leave days shall be permitted as vacation days in addition to any other vacation award to 3 which said employee is entitled under the provisions of this article. 5. If the employee making the election has used four ( 4 ) sick-leave days during the previous calendar year, he shall be 0 entitled to convert one ( 1 ) day to vacation days. Such converted sick-leave allocation shall be permitted as vacation -20- 2 _ - • • days in addition to any other vacation award to which said employee is entitled under the provisions of this article. 6. If the employee making the election has used five ( 5) sick-leave days during the previous calendar year, he shall be entitled to convert no ( 0 ) days to vacation days. D. SICK LEAVE CREDIT FORWARD The balance of the sick-leave days not converted to vacation days as permitted above, less the number of days used during that calendar year as sick-leave days, shall be carried forward as accumulated sick-leave days. E. NOTIFICATION OF CONVERSION ELECTION 0 Any election by an employee to convert any sick leave to vacation time must be made by notifying the Personnel Department of the CITY, 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. 0 F. PRESUMPTION OF USE Any sick-leave days properly converted to vacation benefits as above described , shall be deemed to be taken prior to any other days of vacation time to which the employee is entitled; provided , however, that in no event shall any sick-leave days converted to vacation days be entitled to any pay or compensation upon an employee 's termination. Any sick-leave days converted to vacation days remaining unused at the date of termination or retirement shall be forfeited by the CITY employee ; however, for purposes of this section, conversion days shall be construed as used prior to vacation days otherwise accrued by an employee. -21- G. SICK LEAVE BENEFITS UPON RETIREMENT In addition to the sick-leave conversion privilege to vacation days above described, at retirement an employee (or his estate , where death follows retirement but precedes payment) shall be paid in cash, at his then current pay scale, a sum equal to his daily rate of pay for 25 percent ( 25% ) of the accumulated sick- leave days reserved for the benefit of said employee at the date of his retirement. H. HOSPITALIZATION In addition to the sick leave authorized hereunder, each full-time, permanent employee in the unit shall be entitled to thirty ( 30 ) days hospitalization leave each calendar year, provided that such leave may be taken only if, and during the period that, such employee is actually confined to a hospital . I . UNAUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS No employee in the unit shall be entitled to receive sick leave or hospitalization-leave benefits for illness, injuries or disability resulting from accidents arising out of or in the course of his employment for an employer other than the CITY. J. REGULAR SALARY TO BE CONTINUED Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive his regular salary during his absence from work for the periods set forth in this chapter. ARTICLE XVII. DISABILITY COMPENSATION 1 . Any full-time , permanent career service or civil service employee of Salt Lake City permanently and totally disabled while in the lawful discharge of his or her official duties for the CITY shall continue to receive full compensation until such employee reaches his or her normal retirement age . -22- 0 2. For the purposes of this section, the following terms shall be defined as herein specified : ( a) "Disabled" means physical incapacita- tion resulting from traumatic bodily injury occuring as a direct and independent result of accident or criminal act. Injuries caused or contributed to by the following shall not be considered as disabilities hereunder: hernia, pregnancy, infection or disease of any type ( including mental disorders and heart disease ) , or the medical or surgical treatment therefor; reckless, negligent, illegal or immoral acts by the disabled employee or purposely self-inflicted wounds or injuries; use of drugs or alcohol by the injured employee; or travel to or from work. (b ) "Full compensation" shall mean the total monthly salary paid by the CITY to a disabled employee in the month immediately preceeding the injury, excluding overtime payments, shift differentials, uniform and travel allowances, witness fees, educational incentive or certification pay, and other similar such reimbursements not ordinarily included in an employee 's base salary; provided that compensa- tion paid under the provisions of this section shall be increased from time to time to reflect cost of living adjustments granted generally to employees of the CITY in employ- ment positions similar to that occupied by the disabled employee at the time of injury, and reduced by any and all amounts paid as worker ' s compensation, social security, disability or other retiremeent benefits, or any form of governmental relief whatsoever. (c ) "Normal retirement age" shall mean and in no case exceed the attained normal retirement age as presently specified in Section 49-10-6 ( 34 ) of -23- the Utah State Retirement Act and in Section 49-11-8 ( 39 ) of the Utah Public Safety Retirement Act for career service and civil service employees, respectively. (d ) "Totally disabled" shall mean that period of time during which the disabled employee is unable to perform any and every duty pertaining to his or her employment position with the CITY and is not engaged in any occupation or employment for wage or profit; 3 . The CITY at its own expense shall have the right and opportunity to examine the person of any employee when and as often as it may reasonable require during employment with the CITY and during the 0 pendency of a disability hereunder. No employee refusing such examination shall be eligible for the benefits provided by this section . 4 . Refusal to submit to treatment for 0 disabilities shall be grounds for termina- tion of compensation specified hereunder. 5. When any injury for which compensation is payable under this section shall be caused by the wrongful act or neglect of another 0 employee of the CITY or person not in such employment, the CITY may require an • employee claiming compensation hereunder as a condition of receipt of such compen- sation, to assign to the CITY any action for damages against such third person such injured employee may have . 6. This benefit shall not apply in the case of any injury occurring prior to April 1 , 1977. ® 7 . If an employee of the CITY becomes entitled to receive worker 's compensation as a result of suffering a CITY service- connected injury or illness of a type not compensated for under the foregoing � provisions of this section, such employee shall be paid worker 's compensation as provided by law; provided, however, that -24- he or she may elect to use, during such disability, his or her accumulated sick Q leave credit and authorized vacation time and receive, during the period of his or her sick leave credit and vacation time, such part of his or her wage or salary, as will, when added to his or her workmen's compensation payments, equal his or her (� regular wage or salary; and provided further, that satisfactory evidence of such election shall be transmitted by said person to the City Controller prior to payment. ARTICLE XVIII. PART TIME AND SEASONAL EMPLOYEES Part-time and temporary employees shall not be entitled to any leaves or other employment bene- fits whatsoever, unless required by Federal, State or Municipal law. is ARTICLE XIX. LEAVES OF ABSENCE Full-time, permanent employees shall be eligible for leaves of absence under the following circumstances: A. FUNERAL LEAVE 1. Time off with pay will be granted a permanent (full-time) employee who suffers the loss of a wife, husband, child, mother, father, brother, sister, father- in-law, mother-in-law, grandfather, or grandmother. In the event of death in any of these instances, the employee will be paid his regular base pay for scheduled work time from time of death through the day of the funeral. Employees will be permitted one additional day of funeral leave, on the day following the funeral if such funeral is held more than 150 miles distance from Salt Lake City. Satisfac- tory proof of such death, together with the date thereof, the date and location of the funeral, and the date of burial, must be furnished by the employee to his department head. 2. In the event of death of relatives other than those enumerated in subsection (1 ), an employee will be paid for time off from -25- 5 • scheduled working hours while attending the funeral services for such person, not to exceed one work shift. 3. In the event of death of friends, an employee may be granted time off without pay while attending the funeral services for such persons, not to exceed four ( 4 ) hours, subject to the approval of his immediate supervisor . 4 . In the event the death of any member of the immediate family as set forth in subsection ( 1 ) of this article occurs while an employee is on vacation, his vacation will be extended by the amount of time authorized as funeral leave under said subsection . 5 . The provisions of this article shall not be applicable to employees who are on leave of absence. B . LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE Every employee of CITY who enlists or is called or inducted into and enters active service in the State militia or any branch of the federal military, naval , air or marine service shall be entitled to absent himself from his duties and service with CITY while engaged in the performance of active military or naval duties and while going to and returning from such duties. No such person or employee shall be subject by reason of such absence to any loss or diminution of vacation or holiday privileges nor shall he be prejudiced by reason of such absence with reference to promotion or continuance in office, employment, reappointment to office or re-employment. All such persons shall be entitled to re-employment by the CITY upon their following the procedures outlined by state statute. C . LEAVE WHILE ON ANNUAL ENCAMPMENT 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 -26- i • . pay between their regular rate of pay and the base pay received while on duty, not to exceed l® fifteen (15) days, at annual encampment or rifle competition or other duties in connec- tion 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. D. LEAVE FOR JURY DUTY All permanent, full-time employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the District and Federal Courts whose jurisdic- tions include Salt Lake County subject to the conditions hereinafter set forth. No reduc- tion in an employee's salary shall be made for absence from work resulting from such jury service for a total of seven (7) days during such employee's term of jury service whether consecutive or not. In the event that an employee is required to serve as a juror more than seven (7) days during his term of jury service, the matter of salary reduction shall ® be presented to the CITY for its determina- tion. On those days that an employee is required to report for jury service and is thereafter excused from such service during his regular working hours for the CITY, he shall forthwith return to and carry on his regular CITY employment. Failure to so return 0 to work shall result in the forfeiture of that day's pay by such employee. E. PARENTAL LEAVE A leave of absence may be requested by any employee of the UNIT becoming a parent through birth or adoption, with pay on a straight-time basis, for a period not to exceed five (5) consecutive days from the date the child commences residence with such employee, 3 provided: 1. The child is a minor child and is permanently placed with the employee; provided, however, that marriage to a spouse with child or children shall not be grounds for leave granted under this section even if adoption is then or 5ii(>se- quently considered and no parental leave -27- • shall be permitted for a child in the custody of an employee 's spouse prior to the marriage of that spouse by the employee . 2 . The employee has accumulated and unused r sick leave and is entitled to or has con- s verted to vacation days under Article XVI hereof, equal to or greater the number of days to be taken under this section. Under no circumstances shall the employee be entitled to use as parental leave more days than accrued as sick leave conversion or to which such employee would have been i entitled to so convert. 3 . The employee gives notice to his or her supervisor as soon as possible under the circumstances. 4 . The employee provides, upon request by a supervisor, certification of birth or evidence of a child placement for adoption to his or her supervisor within five (5 ) days following termination of such leave . An employee 's accumulated sick leave and sick leave conversion entitlements for the following calendar year, provided for under Article XVI of this MEMORANDUM, shall be reduced by the number of days taken by an ®' employee as parental leave under this section. F. LEAVE OF ABSENCE FOR UNION ACTIVITY Up to two (2 ) employees of the UNIT elected to UNION positions, or selected by the UNION to positions the responsibilities of which require absence form employment with the CITY, shall upon written request from the UNION, submitted to the CITY as soon as possible under the circumstances but in no event later than thirty ( 30 ) days prior to the • first day of absence, receive a leave of absence, without pay, for the period of service with the UNION, up to one ( 1 ) year in duration. Such leave shall be renewable for up to one ( 1 ) year upon notification of renewal equivalent to the above. Upon termi- • nation of such employee ' s leave of absence, another employee shall be eligible for a leave of absence under the terms and conditions set fi -28- • • • forth above. At no time shall more than one (1) employee within a single department be 0 absent from work under the provisions of this section. The employee shall, upon return to work, be reinstated according to the status and classification which was held and was last engaged in prior to taking leave. G. ADDITIONAL LEAVES OF ABSENCE Employees requesting leave for anticipated or short-term disability, such as maternity, surgery, or other medical reason, will be allowed to take up to six (6) months' leave without loss of seniority or position at the discretion of the department head. ARTICLE XX. LONGEVITY PAY O 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 9 sum of fifty dollars ($50.00) per month. In addition to the salary 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 longe- vity benefit in the sum of seventy-five dollars ($75.00) per month. ARTICLE XXI. TOOL, UNIFORM AND AUTOMOBILE ALLOWANCES A. TOOL ALLOWANCE Auto Mechanics I and Auto Mechanics II or employees meeting the following qualifications shall receive the sum of $30 per month as a tool allowance: 1. Be required to use their personal tools on the CITY job, said requirement being listed in the job descriptions for the position held by the employee. The CITY agrees to consult with the UNION on designation of such classifications or classification subdivisions for receipt of -29- 1 0 • tool allowance; 2. The replacement cost of the tools used must exceed $1,500; 3. Actually use the tools on a daily basis and not just store them on the job site; cs 4. Immediate supervisor certify to the personnel department and department head in charge of said department that the employee requesting the tool allowance meets the minimum requirements, said certification to be in writing and updated at least annually. The CITY will not require employees to provide their own tools in excess of $1,500, without paying the tool allowance provided hereunder. The tool allowance will not be O paid unless such tools are required by the CITY. The CITY will provide, at its own expense, $1,500.00 of casualty insurance for tools used by employees under the preceding provisions of this section, payable to the tool owner, sub- ject to the deductible hereafter provided. Each employee shall maintain an inventory of such tools and shall provide copies of that inventory to the CITY or the insurer, upon request. The deductible for each loss under such insurance coverage shall be $500.00. B. UNIPORM ALLOWANCES Personnel, when required to wear uniforms in the execution of their duties with the CITY shall have such uniforms furnished and maintained at the CITY's expense with the following exceptions: 1. Personnel in the Public Works Department (other than welders, mechanics and parking enforcement personnel) shall maintain their uniforms at their own expense; 2. Airport operations officers who are required to wear uniforms while in the execution of their duties shall receive the sum of $45.00 per month as a uniform allowance in lieu of any uniform expense -30- • to the CITY. 3. The following Unit personnel , when required to wear uniforms in the execution of their duties with the CITY, shall receive the following monthly uniform allowances in lieu of any other uniform expense to the CITY: Parking Enforcement Personnel $40. 00 Parking Meter Repair Personnel 30. 00 Animal Control Officers 35. 00 Watershed Patrol 35. 00 C. AUTOMOBILE ALLOWANCES Employees who are authorized to use and who do use privately-owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of twenty-one cents ( 214) per mile for each mile actually traveled in official CITY business, except for meter readers in the Department of Public Utilities who shall receive an automobile allowance of : ( 1 ) $40. 00 per month for meter readers whose route is within five ( 5) mile radius of the Water Department Offices at 1530 South West Temple; and ( 2 ) $50.00 per month for meter readers whose route is outside said five (5) mile radius of said Water Department office for more than fifty percent ( 50%) of the time during the month. Before payment is made to any office or employee , pursuant to the terms of this section, the use of the automobiles must be authorized by the employee 's super- visor and the mileage traveled must be veritifed by the head of the department involved . ARTICLE XXII . 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 -31- w • 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. Effective July 1, 1982, $50.00 deductible per year per person, deductible maximum $150.00 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. 3 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 incor- porate the following general concepts: - $50 deductible lifetime per person. - $1 ,500 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 -32- • • outside confidential firm for drug abuse, alcoholism and marriage counseling. ARTICLE XXIII. PENSION PLAN CONTRIBUTION The CITY agrees to pay the employer's contri- bution to the Utah State Retirement fund as mandated by state statute. In addition thereto, the CITY agrees to continue payment of a sum equal to the amount it is, at the date of execution of this MEMORANDUM, paying annually towards each employee's contribution to the Utah State Retirement Fund. ARTICLE XXIV. SENIORITY A. SENIORITY DEFINED Seniority shall consist of an employee's uninterrupted, regularly-scheduled employment with the CITY. An employee's earned seniority shall not be lost because of absence due to illness, authorized leaves-of-absence, or temporary layoffs not to exceed six (6) months. :! Elected officials of the UNION will be considered to have seniority above that of all other employees for the purpose of layoff only, regardless of actual, earned seniority. An employee's seniority shall be broken by voluntary resignation, discharge, and/or retirement. B. LAYOFFS Whenever it is necessary to reduce the number of employees in any CITY department because of lack of work or lack of funds, the CITY shall, where possible, attempt to minimize layoffs by readjustment of personnel through reassignment of duty in other depart- ments. Whenever layoffs are necessary, emer- / gency, temporary and probationary employees shall be laid off first. Permanent employees shall be the last to be laid off, and then insofar as possible, in inverse order of length of service of employees in the same job classification performing the same job func- ) tions and duties or to a lower vacant job position for which the employee is qualified. -33- C. GENERAL RE-EMPLOYMENT LISTS Employees who have been laid off in accordance with paragraph (B) above or have terminated without cause or prejudice, have the right to request Pre-Bid in accordance with Article XXV, Pre-Bid Procedures, paragraph A of this MEMORANDUM. Pre-Bid rights will expire one ( 1 ) year from the employee 's date of layoff. ARTICLE XXV. JOB BIDS A. PRE-BID PROCEDURE 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 responsi- bility to request a transfer or job bid to fr any appropriate job within the CITY. 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 inclu- sion 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 desig- nated by the Director of the Office of Personnel Mangement, 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 -34- - - between such applicants. When a vacancy cannot be filled by the competent and experienced employees apply- ing 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, (excluding holidays ) , 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 informa- tion 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 bidder 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 department 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 be 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 before the expiration of the • probationary period , the employee shall be returned to the position held prior to being accepted in the job applied for. -35- • • ARTICLE XXVI. LABOR-MANAGEMENT AND SAFETY COMMITTEES 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 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 employment except those which are specifically covered under the grievance procedure, in accordance with Article XXVII, Grievance Procedure. The Labor Management Committee shall make appropriate recommenda- ' tions to cabinet-level directors for their decisions which will be final and binding. B. SAFETY COMMITTEE There shall be a Safety Committee consisting of six (6) members; three (3) appointed by the UNION and three (3) appointed by the CITY. The committee shall meet monthly or upon call of either party in event of an emergency. Meetings shall be on CITY time. It shall be the general function of the Safety Committee to make recommendations to the CITY on the maintenance of proper safety standards. ARTICLE XXVII. GRIEVANCE PROCEDURE It shall be the policy of the CITY to adjust grievances of employees properly and fairly. Within a framework of existing laws and regula- tions. Every reasonable effort shall be made to adjust grievances in a manner mutually satis- factory to employees and management at the lowest possible level. This grievance procedure shall be utilized only for terminations and suspensions, EEO com- plaints, 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. -36- The above notwithstanding , employees who have been terminated may submit their grievance immediately to the third ( 3rd ) step of the grievance procedure outlined herein. An employee has a right to a UNION representa- tive at all formal steps of the grievance proce- dure. 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 disposition of grievances involves important and equal obligations and responsibili- ties, 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 repre- sentative 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 -37- • i . 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 agreement is reached under Step (2 ) , the grievance shall be submitted to a meeting between the Director of the Office of Personnel Management, the Chief 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 under 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 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 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 -38- 1 - - • • • 4. S Exhibit "B" . The Appeals Board or the member of the Personnel Advisory Board 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. The Mayor will then render a final decision within ten ( 10 ) working days after receipt of the recommendation by the appeals board or the Personnel Advisory Board member. The CITY agrees not to retaliate against any employees who exercise their right under the aforementioned grievance procedure. ARTICLE XXVIII. PERSONNEL FILES An employee shall have the right, upon reasonable notice, to inspect such employee ' s personnel employment file for content; provided , however, no person outside the CITY, unless they have a signed release from the employee, shall have the right to see, review or inspect personal or confidential personnel records of the CITY, except former employees within one ( 1 ) year of their termination of employment with the CITY, or as may be otherwise compelled by court order. Any employee can petition the personnel director to remove any evidence of adverse employment action from said employee 's personnel file, provided : 1 . Such employee has had no adverse personnel action, including the action sought to be purged , within the last year. 2 . The action does not relate in any respect to employee 's actions or failure to act involving potentially prosecutable issues. ARTICLE XXIX. LIMITATION ON PROVISIONS The provisions hereof shall be subject to the limitations, terms and conditions of the CITY ' s Collective-bargaining Resolution . -39- 0 ARTICLE XXX. STRIKES AND WORK STOPPAGES Continuous and uninterrupted service by the CITY and its employees to the citizens, and orderly collective bargaining relations between the CITY and its employees being essential considerations of this MEMORANDUM, the UNION agrees, that none of the following acts shall be engaged in or in any way approved of or encouraged by the UNION: 1 . A concerted absence, in whole or in part, by any group of employees from the full, faithful and proper performance of their duties of employment for the purposes of inducting, influencing, condoning or coercing a change in the terms and condi- tions of employment, including sick calls, sick-outs, slow-downs or any other concerted interference with services provided by the CITY, or 2. The collective concerted withholding of services or the performance of assigned duties by any person pending the signing of contract, including those persons who a are customarily employed on a yearly contract basis. In the event of a violation of this article by the UNION and/or the employees, the CITY may, in addition to other remedies, discipline such employees up to and including discharge. Employees shall not be entitled to any bene- fits or wages whatsoever while they are engaged in a strike, work stoppage or other interruption of work as specified herein or otherwise. ARTICLE XXXI. PERSONNEL POLICIES AND PROCEDURES. The CITY agrees to make copies of all personnel policies and procedural directives, as well as copies of written disciplinary action, to the UNION's business agent. ARTICLE XXXII. WAIVER CLAUSE Except as provided for in Article XXXIII, Term of Agreement, hereof, the CITY and the UNION expressly waive and relinquish the right and each agrees that the other shall not be obligated dur- -40- • ing the term of this MEMORANDUM to bargain collectively with respect to any subject matter or matter whether referred to or covered in the MEMORANDUM or not specifically referred to or covered in this MEMORANDUM, even though each • subject or matter may not have been within knowledge or contemplation of either or both the CITY and the UNION at the time they negotiated or ° executed this MEMORANDUM even though such subjects or matters were proposed and later withdrawn. In the event laws are passed by the State or Nation which conflict with the provisions of this MEMORANDUM relating to hours or wages, or other conditions of employment, the provisions of this MEMORANDUM which are in conflict therewith may be reopened for negotiations without affecting the remaining portions of this MEMORANDUM. ARTICLE XXXIII . TERM OF AGREEMENT This MEMORANDUM shall remain in effect through June 30, 1984, with the following exceptions : A. It is understood by the parties hereto that certain provisions of this agreement cannot be implemented by the CITY except upon public notice and hearing and compliance with various statutory and legal requirements. B. The parties hereto may, by mutual written consent, agree to amendment to this MEMORANDUM. C. Both parties agree that this Memorandum is contingent upon available funds and approval by the City Council in accordance with 3 paragraph 9, subparagraph ( c) of the Second Amended Labor Bargaining Resolution, Salt Lake City, Utah, December 7, 1978. D. Effective January 1 , 1982, in the event that a surplus develops in the general fund of the 3 CITY sufficient to finance salary adjustments in addition to those provided under Article VIII of this MEMORANDUM, the CITY shall adjust salaries provided hereunder, in an amount not in excess of 5% of the amount specified under Appendix "A" ; provided, however, that any and all such adjustments shall specifically be contingent upon ratification and approval by the City Council, in accordance with paragraph -41- 0 • • 9, subparagraph (c) of the Salt Lake City ' Second Amended Collective Bargaining Resolu- tion 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 workforce. • IN WITNESS WHEREOF, the parties hereto have fixed their Q hands and seals the day and year first above written. SAJO/k ITY CON By ATTEST: titth )/ CI Y RECORDER LOCAL 1004 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO i By CME - DIRECTOR O EMPLOYEES RELATIONS M MBER - AF CM GOTIATI G COMMITTEE n ________ ME B AFs EGO SATING COMh TEE . -42- • • . STATE OF UTAH ) : Ss. County of Salt Lake ) On the r/XJ day of , 1 981 , personally appeared before me TED L. WILS N 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, a municipal corporation of the State of Utah, and said persons - acknowledged to me that said corporation executed the same . ^1 i//� k,/ evru )! NOTAR �' PUBLIC, residing in Salt Lake County, Utah My Commission Expires : C'v cr t 1 5 0 U STATE OF UTAH ) sS. County of Salt Lake ) On the day 7 (1,( _ , 1981 , personally appeared before me , who being by me duly sworn, did sa that he is th Director of Employees Relations of LOCAL 1004 OF HE A E C FEDE N OF ST , COUNTY AND MUNI` '"AL EMPL, S6,, - IO and and , whobeing me du y sworn, did s.. --t th embers of the committee of uch UNION, that a] three such persons executed the foregoing , instrument on behalf of said UNION by authority of the Board of Directors of said UNION and that said instrument has been duly ratified and approved by the membership of said UNION and that their execution hereof constitutes as valid and bindi g action on behalf of said UNION and its membership. I ARY PU L C re./ ing in N t Lake o n ty, tah My Commission Expires : -43- i `s ," t� ,._——, __-- ` 7-1-81 1-1-82 7-1-82 1-1-83 7-1-83 1-1-84 i . PAY PAY PAY PAY PAY PAY CLASS " A B C CLASS A B 1 CLASS CLASS CLASS CLASS 101 773 808 844 101 856 895 101 940 101 978 • 101 1037 101 1068 102 798 834 871 102 884 924 102 971 102 1010 102 1071 , 102 1103 • 103 824 861 900 103 913 954 103 1002 103 1043 103 1106 103 1139 104 851 889 929 104 942 985 104 1035 104 1076 104 1141 104 1176 105 879 , 919 _ 960 105 973 1017 105 1068 105 1111 105 1179 105 1214 106 907 948 990 106 1005 1050 106 1103 106 1148 106 1217 106 1253 107 937 979 1023 107 , 1037 1084 107 1139 107 1185 107 1256 107 1294 108 967 1011 1056 108 1071 1120 108 1176 108 _ 1223 108 1297 108 1336 109 999 1044 1091 109 1106 1156 109 1214 109 1263 109 1339 109 1379 110 1032 1078 1127 110 1142 1194 110 1254 110 1304 110 1383 110 1424 111 1065 1113 1163 111 1179 1232 _ 111 1294 111 1347 111 1428 111 1471 112 1099 1148 1200 112 1217 1272 112 1336 112 1390 112 1474 112 1518 113 1136 1187 1241 113 1256 1314 113 1380 113 1436 113 1522 113 1568 114 1172 l 1225 1280 114 1297 1356 114 1425 r 114 1482 114 1572 114 1619 i 115 1211 1265 1322 _ 115 1339 1401 115 1471 115 1530 115 • 1623 115 1671 116 1250 1312 1378 116 1383 1446 116 1519 116 1580 116 1675 116 1726 117 1290 1348 14U9 117 1428 1493 117 1568 117 1631 117 1730 r 117 1782 118 1332 1392 1455 118 1474 1542 118 1619 118 1685 118 1786 118 1840 119 _ 1376 1438 1503 119 1522 1592 119 1672 119 1739 119 1844 119 1899 120 1420 1484 1551 120 1572 1643 120 1726 120 1796 120 1904 120 1961 121 1466 1532 1601 121 1623 1697 121 1782 121 1854 121 1966 121 2025 122 1514 1582 1635 122 1676 1752 122 1840 122 1914 122 2030 122 2091 123 1563 1633 1707 _ 123 11730 1809 123 1900 123 1977 123 2096 123 2159 124 1614 1687 1762 124 1786 1868 124 1962 I 124 2041 124 2164 124 2229 125 1666 1741 1819 , 125 1844 1928 125 . 2025 ', 125 2107 125 2234 125 2301 NOTE: Effective July 1, 1981, all new employees will be hired at 10%below entry salary. Employees will be eligible for a 5% increase after successful completion of a 6-month probationary period, and an additional 5% increase after .- one year of continuous employment. 6-12-83pc EXHIBIT A • • w r oft pr y ' , • I • IP • I • 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 "UNION" 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 Exhibit B -