095 of 1986 - Memorandum of Understanding with Western Alliance of State, County and Municipal Employees i
R 86-1
C 86-320
RESOLUTION NO. 95 OF 1986
AUTHORIZING THE EXECUTION OF THE
MEMORANDUM OF UNDERSTANDING BETWEEN
SALT LAKE CITY CORPORATION AND
WESTERN ALLIANCE OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
WHEREAS, Section 9( c) of the Salt Lake City Third Amended
Collective Bargaining Resolution dated April 10, 1984, 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, the Memorandum of Understanding between the City
and Western Alliance of State, County and Municipal Employees has
been negotiated , a copy of which is attached hereto; and
WHEREAS, the Salt Lake City Council has appropriated
necessary funds required to implement the provisions of the
Memorandum of Understanding for fiscal year 1986-87; and
WHEREAS, the provisions of the Memorandum of Understanding
relate solely to the current budget year and the availability of
funds therefor; and
WHEREAS, based upon the foregoing , the City Council desires
to hereby evidence its approval of the Memorandum of
Understanding;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake
City, Utah:
1 . It does hereby approve the attached Memorandum of
Understanding .
2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is
hereby authorized to execute the 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 8th
day of July, 1986.
SALT LAKE CITY CORPORATION
By
CHAIRMAN
ATTEST:
jDA-11F
CiTk ty
ORDER
ccl21
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PeS1 • J� t"�lE L lB6i f,i�o 1� 5•0 tt��i�fk MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING entered into this sixteenth
- day of July, 1986; by SALT LAKE CITY CORPORATION, hereinafter
referred to as the "CITY" , and the V'este:rn- Allici.nce of State,
County & Municipal Employees hereinafter referred to as the
"ALLIANCE, "
W I T N E S S E T 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 April 10, 1984 ,
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 funct.ioij— anal_
obligations of the CITY and to retain the right effectivel, f-&--
operate in are 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 ordinances or
collective bargaining resolutions; and
WHEREAS, it is the intention of the parties to this agreement
to negotiate, where not otherwise mandated by Statute or
Ordinance, for the salary structure, fringe benefits and
employment conditions of the employees in the CITY ' S Clerical
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:
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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 ALLIANCE. Such achievement is recognized to be a
mutual 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
MEMiORANDUM shall be resolved by the CITY.
ARTICLE II .
RECOGNITION
The CITY recognizes the ALLIANCE as the exclusive
bargaining agent pursuant to the CITY ' S Collective Bargaining
Resolution for the purpose of negotiating salaries, wages , hours
_ - _ -- and other conditions of employment for employees in the CITY ' S _:
Clerical UNIT These rights of the employees ' bargaining agent
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 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 restraining or coercion 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 ALLIANCE, or because of membership or affiliation
%ith 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 �-:hich
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.
C. It is further agreed that representatives of both
parties shall comply with this provision in the
administration of this MEI-SORANDUM.
Except where bona fide occupational qualifications
exist, the use in this MEMORANDUM of the masculine pronoun
shall refer to either sex.
D. If the subject matter of discussions with an employee
and a decision by the Mayor thereon would effect an
inter ruptic r- in this MEMORANDUM, the ALLIANCE
shall have the right to be heard before final action is
taken by the Board
E. The CITY will make available to the ALLIANCE for
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 ALLIANCE on form
and the ALLIANCE agrees to consult with the CITY on mode of
distribution of such copies. The CITY will make available
for distribution by the ALLIANCE copies of this agreement
within sixty ( 60) days.
ARTICLE V.
ALLIANCE RIGHTS
A. The ALLIANCE shall have the right to present its views
to the CITY either orally or in writing. A representative
of the ALLIANCE 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 opportunity of the ALLIANCE' S representative to be
present does not apply to informal discussions of personal
problems between an employee and his immediate supervisor .
The ALLIANCE 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 ALLIANCE.
B. The City agrees to provide for nine ( 9 ) employee
representatives distributed as follows :
Police records 1 -
dispatch 1
secretaries 1
Relater Department 1
Public Rlorks and Fleet Management 1
City and County Building 1
Courts Building 1
Airport 2
It is agreed that internal ALLIANCE business such as
soliciting membership, collecting dues, electing officers ,
membership meetings, and posting and distributing literature
will be conducted in non6w_.t<::: .: during the non-duty
hours of the employees with the sole exception of the
following :
1. One ALLIANCE employee representative from each
department shall, upon receipt of permission from such
employee ' s immediate supervisor , be allowed a
reasonable period during working hours to attend
ALLIANCE meetings or to participate in other ALLIANCE
business as necessary, up to a maximum period of two
hours per month, unless otherwise approved by the
Department Head. Unless other arrangements are made
ahead of time, employees are encouraged to give their
supervisor as much previous notice as possible.
2 . Employees designated as official delegates to
ALLIANCE 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 (10 ) working days per calendar
year for the aggregate of all such employees . In all
cases,the employees involved will obtain prior
permission from their immediate supervisors at their
earliest opportunity and not less than 24 hours in
advance. Such permission shall not be unreasonably
denied.
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ARTICLE VI .
DUES DEDUCTION
The CITY agrees to deduct once each month, ALLIANCE member
dues and other fees designated by the ALLIANCE 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 ALLIANCE.
ARTICLE VII .
--- r_ BULLETIN BOARDS
The CITY agrees to designate space not less than four ( 4 )
- feet wide and three ( 3 ) feet long in convenient view in each work
location as determined by the CITY. Said space shall be
available to the ALLIANCE for posting notices bearing the written
approval of the ALLIANCE and shall be restricted to non-partisan
and non-controversial matters. They may include: notices of
ALLIANCE recreational and social affairs, notices of ALLIANCE
elections, notices of ALLIANCE meetings and agenda, notices
concerning bona fide ALLIANCE activities such as cooperatives ,
credit unions and unemployment compensation information, and/or
other notices .
There shall be no other general distribution, solicitations
or posting of pamphlets, advertising or political 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 ALLIANCE
publications or notices as defined herein above to members of the
bargaining UNIT.
ARTICLE VIII .
WAGE SCiiEDULE
Salaries for full-time and probationary employees shall be
paid according to_ the' salary schedule in Appendix "A" .
ARTICLE IX.
SHIFT DIFFERENTIAL
In addition to the wage rates referred to under Article
VIII , the CITY shall pay an hourly premium of 15/ to full-time,
salaried employees who work a regularly scheduled swing shift
( starting hours between 12 : 00 Noon and 8 : 59 p.m. ) and 20/ to
employees who work a regularly scheduled night shift ( starting
hours between 9 : 00 p.m. and 5 : 59 a.m. ) , or the relief shift in
the Salt Lake City PoliceY.D. rtv,,gmnt (consisting of 2 night
shifts, 2 swing shifts, and 1 day shit, all within an employee ' s
regularly scheduled work week ) . Shift differential premiums
shall be used in the computation of overtime pay under Article__ g
of this MEMORANDUM; however, such premium shall not be used to
compute compensation for any premium pay or minimum hourly
guarantees.
Unit employees shall be entitled to a continuation of shift
differential pay for holiday or vacation periods in which they
are absent, provided:
1. They have worked a minimum of six consecutive months on
a premium shift during the period immediately preceding a
vacation absence; and
2 . They work a premium shift the day immediately preceding
and the day immediately following the occurrence of the
holiday or vacation period.
There shall be no shift differential pay allowed in
conjunction with sick leave benefits . The aforementioned
conditions shall apply to persons working both regular and ten
(10 ) hour shifts.
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ARTICLE X.
HOURS OF SERVICE A1111D OVERTIME
A. HOURS OF WORK
Forty hours shall constitute a normal work week and
eight hours a normal ,.,•ork 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 overtime work . Overtime work is
to be discouraged. In cases 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 hours work per week or eight hours work per day.
However , should the CITY Edopt a work week consisting
of four la-hour days, or any other work schedule other
than as presently adopted for any -of its _employees , the
CITY shall provide fourteen days ' not i-66�=(5f-such change
-- to all employees whose work schedules are thus altered.
Five working days notice shall be given for shift
changes . Similar notice may be given, but not
required, for overtime assignments.
- - - - - 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 bullet in board.
B. REST PERIODS
Employees shall be entitled to a fifteen-minute
rest period during each consecutive four-hour working
period, which time shall be included within the work
shift, except where extraordinary circumstances render
such break impracticable. A reasonable effort shall be
made to provide such breaks near the middle of four-
hour work period; provided, however , there shall be no
additional compensation paid to employees electing or
required to forego such rest period.
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C. MEAL PERIODS
All employees shall be granted up to, but not to
exceed a 60-minute lunch period during each work shift ;
provided, however , said lunch period shall be scheduled
in accordance with operational needs of the department
by the shift supervisor . No employee shall be
compensated for such period unless the employee is
required by the supervisor to be on the work site, and
is required * to perform any work during such time, then
such employee will be paid for the work . If, in lieu
of payment , the employee wishes to end the work shift
early by the same number of minutes worked into the
lunch break he/she may elect to do so with the consent
of the supervisor .
D. OVERTIME COMPENSATION
1 . Employees required to perform overtime work shall
be compensated either by pay at one and one-half the
applicable hourly rate, or an allowance of time off
from employment with pay on the basis of 1 . 5 hours off
for each hour of overtime worked. The determination of
whether to award pay or compensatory time off shall be
at the absolute - discretion of the CITY, except however ,
that employees may indicate a preference for form of.
overtime payment, contingent upon approval by
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 to offer
overtime work to qualified employees on a rotation
basis, first to the employee with the least amount
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 2 or more employees have an equal
number of overtime hours as set forth above,
seniority shall govern. Hours of over time worked
offered but declined by an employee shall be
computed as time worked for purposes of determining
overtime eligibility under this paragraph; however ,
nothing in this 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 departmental seniority, (except for unit
employees in the Police and Fire departments, \•?here
rank seniority shall govern) 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 could be grounds for
disciplinary action.
All paid time shall be defined as time worked for
purposes- of " overtime computation; provided, however ,
that pay premiums or unworked hourly guarantees shall
be excluded from such computation.
Reimbursement of meal expenses . An employee
required or volunteering with supervisory approval to
work two ( 2) or more hours consecutive to their regular
duty shift shall be paid $3 . 50 as reimbursement for
meals . Employees shall receive $3 . 50 for each
additional consecutive four hours of work in addition
to their regular duty shift. Such reimbursements shall
be made semimonthly to entitled employees upon such
terms and conditions as may be prescribed by a
department head concerning application for
reimbursement and verification of authorization.
E. AVAILABILITY FOR WORK
Any employee failing to report to work in suitable
--= c ?:- on to perform job functions , shall be subject to
disciplinary action and forfeiture of applicable
compensation.
F. CALLBACK PAY
All members of the bargaining UNIT who are called
back to work after having been released from duty will
be guaranteed three 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.
G. OVERTIME COMPENSATION - POLICE, FIRE AND AIRPORT
CLERICAL/TECHNICAL EXEMPTION
Mandatory overtime for police, fire, and airport
clerical/technical call out will be determined by
departmental seniority, (except for unit employees in
the Police department, where rank seniority shall
govern) and accrued overtime hours worked whether
overtime hours accrued are voluntary or mandatory
hours. Accrued overtime to be considered will be on a
monthly basis ., Call out for mandatory overtime would
begin with the lo�, est in seniority combined with the
least accrued overtime hours worked and so on until
adequate coverage has been obtained.
H. CLEANUP
Employees shall be granted a personal cleanup
period prior to the end of each work shift . The
duration of such period shall be as determined to be
hygienically necessary- by an employee ' s immediate
supervisor , not to exceed a maximum of 15 minutes per
duty shift .
I . INJCLEI�,=T [FEATHER
Employees reporting to work on normal scheduled
working days shall not suffer any loss of regular pay
resulting from weather conditions when management
directs that no field work be undertaken. This clause
shall not be construed to limit or prevent the City
from changing or establishing work shifts as the need
arises .
ARTICLE XI .
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;
n - 10 -
5 . The fourth day of July, called Independence
Day;
6 . The t;:cnty-fourth day of July, called Pioneer
Day;
7 . The first Monday in September , known as Labor
Day;
8 . The 'second Monday of October ; k�.nown 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 . One personal holiday can be taken upon the
request of an -- employee at the discretion of the
department head. Employees shall accrue and be
granted this holiday only after satisfactorily
completing their initial probationary period.
B. ALTERNATIVE AND ADDITIONAL HOLIDAYS
When any holiday 'listed above falls on a Sunday,
the following business day shall be considered a
holiday. When any holiday listed above falls on a
Saturday, the preceding business day shall be
considered a holiday. In addition to the above, any
day may be designated as a holiday to proclamation of
the Mayor and/or the City Council.
C. HOLIDAY WORK
Full-time, permanent employees required to work
because of special assignment or regularly scheduled
shift on a day designated for celebration of a holiday
here under 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
compensation 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.
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D. HOLIDAY P .Y
No employee shall receive in excess of one day of
holiday p--_y fcr 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. FIRE, POLICE & AIRPORT EXCEPTION
Fire, police and airport clerical personnel may be
required to work. on holidays designated hereunder and
shall be granted straight-time pay for holidays so
worked Such employees may, however , designate an
alternate day to celebrate a worked holiday, provided
the day designated is within one calendar year
following the holiday worked, and 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 YII .
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. VACATION SCHEDULE
1. Commencing July 1, 1986, all new employees with the
City will begin accruing vacation under the schedule
in paragraph 4 of this section; provided that no
person shall be entitled to any vacation unless such
person has successfully completed their initial
probationary period.
2 . Existing employees, ( those employees holding full-time
positions as of June 30, 1986) , will begin accruing
vacation under the schedule in paragraph 4 of this
section as of January 1, 1987 .
3. Existing employees may choose to continue using the
former vacation schedule as outlined in paragraph 5 of
this section.
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4 . Completed Years Days of Vacation Hours Accrued Per
of Consecutive Per Year Biweekly Pay Period
City Service
0 5 1 . 54
1 to 3 10 3 . 08
4 to 6 12 3 . 69
7 to 9 15 4 . 62
10 to 12 18 5 . 54
13 to 15 20 6 . L5
16 to 19 22 6 . 77
20 or more 25 7 . 69
C. FORMER VACATION SCHEDULE
Completed Years Days of Vacation Hours Accrued Per
of Consecutive Per Year Biweekly Pay Period
City Service
0 to 9 12 3 . 69
10 to 14 1-7 5 . 23
15 or more 22 6 . 77
U.' -RULES FOR TAKING VACATION
1 . All vacations are _t-o .bc-__ as directed by the-
head of each department at such time as it would be
most advantageous to the efficient operations of
that department . However in the assignment of-
vacation periods :
(a) Employees with the greatest departmental
seniority shall be given first consideration
for requested vacation periods, provided
requests are made prior to January 31 of the
current calendar year for the following 12
months; there -after , vacation requests shall
be granted on a first come first served basis .
(b) Vacation periods may be divided into two or
more separate periods of no less than one-hour
increments, as are deemed necessary by the
department head or as requested by the employee
and approved by the department head.
2 . Employees may accumulate vacations according to the
length of their full-time, cumulative active-duty
employment with the CITY up to the following maximum
limits:
(a) After� 6 months --- up to 25 days;
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( b) After 9 years --- up to 30 days;
(c) After 14 years --- up to 35 days .
Any vacation earned or accrued beyond said maximum
shall be dec-vied 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 entitled to be paid- for vacation
earned but not taken.
E. BENEFITS UPON TERI'II\IATION
1 . Every employee whose employment is terminated by
resignation or otherwise, shall be entitled to be
paid for :
(a) All earned vacation time accrued, unused,
unforfeited and lawfully forwarded from
previous years, plus;
(b) A termination benefit consisting of all
_,_�Wfat _ accrued, unforfeited, and unused for
thy`= 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 compensatory time off ,
within forty-eight hours from the date of
termination.
2 . An employee resigning from the CITY and giving less
than ten ( 10) working days ' notice shall be
eligible for reimbursement for all but up to
two days of their accrued, unused vacation pay, it
being contemplated that a hardship has been placed
on the CITY for such short notice. -
All full-time employees shall not be eligible to
use accrued vacation until the successful
completion of their probationary period.
F. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE
1. The CITY may purchase up to, but not exceeding, two
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 recommendation of the
employee ' s department head.
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2 . Said purchase of accrued vacation time may be
authorized , in the sole, exclusive and absolute
discretion of the CITY, %:hen, 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
e,7ill 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
( e) The employee consents voluntarily to the cash
payment in lieu of time off from his regular
work schedule-
The
The foregoing notwithstanding, under no
- circumstances may the CITY purchase more than
creeks of said earned but unused vacation time from
a single employee during any twelve month period.
3 . The amount to be paid for any such purchase 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 compensation be
paid, computed or accrued by virtue of the CITY
authorizing an employee to work a vacation period
and receive cash payment therefore 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 , 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 circumstance and not a fringe benefit
of the employee.
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ARTICLE XIII .
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.
Maternity leave shall be treated as any other sick
leave.
2 . Each full-time, permanent employee in the ALLIANCE
shall earn 12 days of sick leave each calander year ,
after successful completion of their probationary
period. Such sick leave days shall be retroactive
to their most recent date of hire. Additionally,
such Employees who, from January to December 1986 ,
use days at a rate less than the annual City-wide
average for that year (as computed on December 31,
1986) , shall be avarded three extra sick leave days
as of January 1 , 1987 . Sick Leave will be granted
in a lump sum ( 12 days) during the, first - month of
each calander year . Sick leave will
ranted on
this basis if, for the prior year , the average use
of sick leave by employees represented by the
ALLIANCE does not exceed the CITY ' S average sick
leave. If the ALLIANCE' S average sick leave exceeds
the CITY' s average sick leave, then sick leave will
be granted on a basis of one day sick leave for each
month worked during the year .
ALLIANCE members who separate from the CITY for any
reason prior to the end of the 12th month of the
calander year will have sick leave for the period
prorated back to the CITY on basis of one day per
month not worked:
3 . Employees absent from work on account of illness or
injury shall report intended absence to their
department head or supervisor when possible before
commencement of duty shift as soon as practical .
The foregoing notwithstanding those employees who
work in a department which has twenty-four hour
shifts must report in their absence no later than
fifteen minutes before commencement of such shift .
All other employees shall report their absence no
later than fifteen minutes after commencement of
such shift. Only extraordinary circumstances shall
justify notice not in accordance with the above
provisions.
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4 . An employee requesting sick leave in excess of two
days for any one illness may be required by his/her
immediate supervisor to 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 ( 4 ) hereof or at such other times at
which verification is requested by a supervisor or
department head when he/she has grounds to believe
an abuse of sick leave. Full 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/her
sick leave, and is notified less than one-half of
his/her previously scheduled shift prior to return
to work, that medical verification will be required,
alternative means of verification shall be
permitted.
5 . Disciplinary action shall be deemed mandatory tif_g3
--------_ = abuse of sick leave privileges or procedures , except
where the employee demonstrates justifiable excuse
v to his/her supervisor .
E . Employees who have accrued at least twelve ( 12 )
-- - days ' sick leave may be allowed to use no-more-than-
eight ( 8) hours of accrued sick leave per
calendar year for their own doctors ' and/or
dentists ' appointments . This leave must be taken in
one-hour time blocks and may be used only upon
prior approval of the employee ' s immediate
supervisor . The CITY reserves the right to
require written proof of actual attendance for
the time claimed by the employee.
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
Any employee who has accumulated to his/her credit
twenty four 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:
- 17 -
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
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: le-ave day during the previous calendar year , he
shall be entitled to convert four 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 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
- sick leave days during the previous calendar year ,he
shall be entitled to convert two days to vacation
days . Such converted sick leave days shall be
as vacation days in addition to any other
vacation award to which said employee is entitled
under the provisions of this article.
--- 5 . If the employee making the election has used four
sick leave days during the previous calendar year ,he
shall be entitled to convert one day to vacation
days. Such converted sick leave allocation shall be
permitted as vacation days in addition to any other
vacation award to which said employee is entitled
under the provision of this article.
6 . If the employee making the election has used five
sick leave days during the previous calendar year ,
he shall be entitled to convert no ( 0 ) days to
vacation days .
18 -
D. SICK LEAVE CREDIT FORWLRD
The balance of the sick leave days not converted to
vocation 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
The initial election by an employee must be made by
notifying the- Director of the Office of Personnel
Management in writing within thirty days of eligibility
to convert sick leave in accordance with section C
above.
Any subsequent election by an employee to convert any
additional sick leave to vacation 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.
` F. PRESUMPTION OF USE
Any sick , .het_`:d: � >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 under the provisions of these
Revised Ordinances; 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 employee; however ,
for purposes of this section, conversion days shall be
construed as . used prior to vacation days otherwise
accrued by an employee.
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 eligible to a
retirement benefit as stipulated in Executive order
3 .11. 300 . Persons who retire under the eligibility
requirements of the Utah State Retirement System and
are not eligible under the above referenced order will
be paid in cash at their then current pay scale, a sum
equal to their daily rate of pay for 25 percent ( 250 )
-- _ 19 -
of the accumulated sick leave days reserved for the
benefit of said employees at the date of their
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 month of insurance
for each day of accumulated sick leave. The total sum
shall not exceed 500 of the accumulated sick days
reserved for the benefit of said employe-e at the date
of retirement . This hospital and surgical coverage
will be applicable to the - spouse after death of
employee.
H. HOSPITALIZATION
In addition to the sick leave authorized hereunder ,
each full-time permanent employee in the UNIT shall be
entitled to thirty days hospitalization leave each
calendar year, provided that such leave may be taken
only if, and during that period that, such employee is
actually confined to a hospital or using an outpatient
or other acceptable facility with the approval of the
Office of Risk Management .
A,a employee who claims pay for hospital leave shall
�`-tu'rriish satisfactory proof to their immediate
supervisor or the Office of Risk Management when
requested to do so. too .assT41-= a« f hospital leave
shall be allowed.
I . INJURY AT OTHER EMPLOYMENT
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, unless
such employee agrees to subrogate the City to his
rights of recovery against the person or organization
associated with the injury.
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 .
e
LItTICLE Y.IV.
DISP:.BILITY C01,iPEIISATION
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/her
official duties for the CITY shall continue to recei�7
full compensation until such employee reaches his/her
normal retirement age.
2. For the purposes of this section, the following terms
shall be defined as herein specified:
(a) "Disabled" means physical incapacitation
resulting from traumatic bodily injury occurring
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 therefore; reckless , negligent,
illeC_-J _,- _i W,1oral acts by the disabled employee or
purpose ly" se -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 payment, 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 compensation 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 employment
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
retirement 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 the
Utah State Retirement Act and in Section 49-11-
8 ( 39 ) of the Utah State Public Safety
- 21 - T
Retirement Act for Career Service and Civil
Service employees , respectively.
(d) "Total disabled" shall mean that period of
time during which the disabled employee is
unable to perform any and every duty pertaining to
his/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 reasonably require during
employment with the CITY and during the 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 disabilities shall
be grounds for termination 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 employee of the CITY or person not in
such employment, the CI,TX._,may ,.require an employee
claiming compensation here #racy as a condition of
receipt of such compensation, to assign to the CITY any
action for damages against 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
he/she may elect to use, during such disability,
his/her accumulated sick leave credit and vacation
time, such part of his/her wage or salary as will, when
added to his/her worker ' s compensation payments, equal
his/her regular wage or salary; and provide further ,
that satisfactory evidence of such election shall be
transmitted by said person to the City Auditor prior to
payment .
- 22 -
ARTICLE XV.
PERT-TIME AND SEASONAL EMPLOYEES
Part-time and temporary employees shall not be entitled to
any leaves or other employment benefits whatEoever , unless
required by Federal , State, or municipal law.
ARTICLE XVI .
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_z., TDe-rmanent,
- --tom=- v -
full-time employee who suffers the loss'-&D --m wife,
husband, child, mother, father , stepmother ,
stepfather , stepchild , sister , brother , father-in-
law, mother-in-law, grandchild, 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 the 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. Satisfactory 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, if requested.
2. In the event of death of relatives other than those
enumerated in subsection (1) , an employee will be
paid for time off from scheduled working hours while
attending the funeral service for such person, not
to exceed one work shift .
3 . In the event of death of friends, an employee maybe
granted time off without pay while attending the
funeral services for such persons, not to exceed
four hours subject to the approval of his immediate
supervisor . Nothing in this subsection shall prevent
- 23 -
an employee from requesting earned and unused comp.
or vacation time.
4 . In the event of 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 the 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 ,IJHO ENTER MILITARY SERVICE
Every employee of the 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 the 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 tn-
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 pay between their regular rate of pay and
the base pay received while on duty, not to exceed
fifteen 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.
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
jurisdictions include Salt Lake County subject to the
conditions hereinafter set forth. No reduction in an
employee ' s salary shall be made for absence from work
resulting from such jury service whether consecutive or
- 24 -
not . In the event that an employee is required to
serve as a juror more than seven days during his term
of jury service, the matter of salary reduction shall
be presented to the M' yor for determination . On those
days that an employee is required to report for jury
service and is thereafter excused from :-uch 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 to work shall result
- in the forfeiture of that da_y ' s pay by such employee .
E. PARENTAL LEI=,.VE
A leave of absence may be requested by any employee of
the ALLIANCE for the following reasons :
a. Becoming a parent through birth or adoption of a
newly born child.
b. Due to the hospitalization of a dependent child.
The following provisions apply to the use of parental
leave :
a. Parental leave may be granted with pay on a
straight-time basis for a peri.oda__ sts _ o - exceed
- -
five consecutive days from the a -6 child
commences residence with an ALLIANCE employee or
becomes hospitalized.
b. The employee has accumulated and available
unused sick leave. Under no circumstances shall
the employee be entitled to use as parental
leave more than five consecutive days .
c. The employee gives notice to his/her supervisor
as soon as possible under the circumstances.
d. The employee provides, upon request of a
supervisor , certification of birth or evidence
of a child placement for adoption to his/her
supervisor within five days following
termination of such leave. A letter may be
requested from the treating physician in the
event of hospitalization of a dependent child
within five days following terminatio of
parental leave used for this purpose.
e. An employee ' s accumulated sick leave, and sick
leave conversion entitlements for the following
calander year, provided fro under Article VIII
of this MEMORANDU, shall be reduced by the
number of days taken by an employee as parental
leave under this section.
- 25 -
F. LEAVE OF ABSENCE FOR ALLIANCE ACTIVITY
One employee of the UNIT elected to ALLIANCE
positions, or selected by the ALLIANCE to positions the
responsibilities of which require absence from
employment with the CITY, shall upon written request
from the ALLIANCE, submitted to the CITY, as soon as
possible under the circumstances, but in no event later
than thirty days prior to the first day -of absence,
receive a leave of absence, without pay, for the
period of service with the ALLIANCE, up to one year in
duration. Such leave shall be renewable for up to one
year upon notification of renewal equivalent to the
above. Upon termination of such employee ' s leave of
absence, another employee shall be eligible for a leave
of absence under the terms and conditions set forth
above. At no time shall more than one employee within
the UNIT be absent from work under the provisions of
this section. The employee ' s seniority shall, upon
his/her return to work, be reinstated according to
the status and classification which he held and ��,,as
last engaged in prior to taking leave.
G. ADDITIONAL LEAVES OF ABSENCE
Employees shall be eligible for additional leaves
of absence, without compensation for reasonable
- _ purposes at the discretion of the CITY. Seniority
shall not accrue during leaves in excess of three
months; however , neither shall such leaves be
considered to reduce seniority which had accrued at the
date the leave of absence commenced. No such person or
employee shall be subject by reason of such absence to
any loss or diminution of vacation, longevity 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.
- 26 -
ARTICLE XVII .
!`ERIT INCREASES AivD LONGEVITY PAY
A. MERIT INCREASES
Employees who are hired into permanent positions
shall become- eligible for merit increases beginning
with the first pay period after completion of one
ye_r ' s continuous employment and shall be eligible for
future merit increases on that anniversary date in
accordance with the salary schedule provided under
Article VIII .
All merit increases shall be conditioned upon the
eligible employee ' s adequate length of service and
satisfactory performance of job requirements as
specified in the employee ' s current Performance
Rating Report or comparable supervisory report .
B. LONGEVITY PAY
In addition to the salaries herein provided, every
officer and employee who has completed seven (7 )
- - - - consecutive full years of employment with the CITY,
shall, after the eighth ( 8) anniversary date, receive a
gevity benefit in the sum of fifty dollars
( $50 . 00 ) per month.
Every officer and employee who has completed eleven
(11) consecutive years of employment with the CITY
shall , after the twelfth (12) anniversary date, receive
a total monthly longevity benefit in the sum of
seventy-five dollars ($75 . 00 ) per month.
Every officer and employee who has completed
seventeen (17) consecutive years of employment with the
CITY shall, after the eighteenth ( 18 ) anniversary date,
receive a total monthly longevity benefit of one
hundred dollars ( $100 . 00 ) per month.
Voluntary termination may be construed to be a
leave of absence providing that such termination and
rehire occur within a nine-month period and the leave
of absence status is approved by the department head.
TM - 27 -
PARTICLE XVIII .
UNIFORM ALLOWANCES
The following personnel when required to wear uniforms in
the execution of their duties with the CITY shall receive the sum
of $40 . 00 per month as a uniform allowance:
Police clerical and civilian personnel ;
Fire Department clerical and dispatch personnel .
ARTICLE XIX.
AUT0110BILE ALLOWANCES
Employees who are authorized to use and who do use privately
- owned automobiles for official CITY business shall be
`$ reimbursed for their operation expenses of said automobiles at
the rate of . 2x per mile actually traveled in official CITY
business . Before to any officer or employee
pursuant to the terms of this section, the use of the automobile
must be authorized by the employee ' s supervisor and the mileage
traveled must be verified by the head of the department involved.
The CITY shall provide, as of July 1, 1982 , for all persons
who have not been assigned a parking place or are provided
parking, a $12 . 00 a month parking allowance. This shall be paid
in $6 . 00 amounts on two bi-weeky paychecks each month.
ARTICLE XX.
TRAVEL ALLOWANCES
Meal, lodging, and other allowances associated with employee
travel, shall be established under general policies and
procedures of the City.
- 28 -
ARTICLE XXI .
INSUP-ANCE
1 . The CITY will make available life, accidental
death,dismemberment , and health insurance to all employees
covered under this ME'4ORA1\1DUM, upon the terms and conditions
as may be from time to time determined by the CITY .
2 . The City will maintain an Insurance Advisory Committee
as outlined in Executive t,"emorandum 81-1 . The union shall
have the right to appoint one person to sit as a voting
member of this committee.
3 . The amount which the City will contribute to the unit
er,ployees insurance during the term of this memorandum is as
follows :
Medical & Dental coverage:
Single $77 . 88/month
y` T--touple $119 . 84/month
Family
Life Insurance $ . 24/$1000/month
Dependent Life $ .70/month
A. D. & D. $ . 50/month
4 . The CITY will make available a consulting service which
will provide consulting by an outside confidential firm for
drug abuse, alcoholism and marriage counseling.
ARTICLE XXII .
PENSION PLAN CONTRIBUTION
The CITY agrees to pay the employer ' s share and employee ' s
share of the retirement contribution as mandated by state
statute.
- 29 - �_
L T'11-CLE XXIII .
SENIORITY
A. SENIORITY DEFINIED
Seniority shall consist of an employee ' s
uninterrupted regularly scheduled employment with the
City, except as otherwise provided in Article X,
sections D,l ,b, and G. An employee ' s earned seniority
shall not be lost because of absence due to illness,
authorized leaves of absence, temporary layoffs , or
involuntary termination following 5 years of
consecutive employment by an employee provided such
employee was re-employed by the CITY within twenty-four
months of such termination.
B. LAYOFFS
Wher.eve<r.-,,,.i; _i_,,..4 necessary to reduce the number of
<_- ,
employees in aty'- 01TY department because of lack of
work or lack of funds, the CITY shall, where possible,
attempt to minimize layoffs by read ju--ti.---n �-
personnel through reassignment of duty in other
departments . Whenever layoffs are necessary,
emergency, 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
functions and duties or if an employee is qualified for
a lower vacant job position within the same department,
the employee may request transfer to that position.
C. GENERAL RE-EMPLOYMENT LISTS
For each class of position the Office of Personnel
Management shall maintain a general re-employment list
consisting of the names of persons who have occupied
positions in such class in the classified service with
permanent status and who have been separated from
service by resignation or otherwise without misconduct
on their part, and who have made written application to
the CITY to have their names placed on such appropriate
re-employment list. Names shall be placed on re-
employment lists in order of seniority of service. The
duration of names on re-employment lists shall expire
individually at the conclusion of one year unless
- 30 -
extended by action of the II'`ayor . But eligibility of
persons on re-employrent lists shall not be extended
for a total period of r.ore than 3 years from their
separation from the service .
D. REMOVAL OF NLMES FRO., RE-v!:PLOYA1EN'T LISTS
The name of any person appearing on a re-employment
list may be removed by the CITY if he declines
employment 0ithout reason satisfactory to the CITY, or
if he fails to appear %rithin 10 days after being
notified by first class mail at his last known address .
The name of a person so removed may be reinstated only
by the CITY upon good cause .
PRTICL E XXIV.
PRE-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 -bid-bid procedure:
1 . Employee shall have the full responsibility
torequest a transfer or job bid to any appropriate job
within the CITY.
2 . Employee shall have the responsibility to update
request(s) for such pre-bid. Such requests shall be
valid for no more than one-year period.
3 . Employee( s) may apply at any time for a pre-bid in
writing on forms specified by the Office of Personnel
Management for inclusion on such confidential register .
4 . 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.
5 . The department head will make a selection from
those applicants on a register designated by the
Director of the Office of Personnel Management ,solely
on the basis of qualifications; however,in the event
- 31 - R
that all qualifications are equal , the applicable
department cr length of CITY service shall be the basis
of selection between such applicants .
6 . When a vacancy cannot be filled by 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 .
7 . New positions shall be posted for a period not to
exceed five working days , during which time employees
may apply in writing of forms specified by the Office
of Personnel Management, to the Office of Personnel
Management for appointment to fill such vacancy,
setting forth any such information as maybe required by
the CITY.
Both parties agree to review the pre-bid procedure
within 18 months from the date this contract takes
effect, in order to identify and resolve any problems
and possibly return to the bid procedure should such
action be necessary.
B. PROBATIONARY PERIOD
A successful applicant for a job vacancy- s--nay-1- be
on probation for a period not to exceed 90 calendar
.�.: days, during the first 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 shall not be eligible 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 9 months after 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 before the expiration
of the probationary period, the employee shall be
returned to the position held prior to being accepted
in the job for which he/she applied.
- 32 -
ARTICLE XXV.
LABOR MANAGEMENT AND SAFETY C01-24ITTEES
A. LABOR MANAGEMENT COMMITTEE
There shall be a Labor Management Committee
-consisting 'of six ( 6 ) members; three ( 3 ) _employees
appointed by the CITY and three ( 3 ) employees -appointed
by the ALLIANCE. The Committee shall meet monthly or
upon call by either party in the event of an emergency.
Meetings shall be on CITY time. The Labor Ianagement
Committee shall have two specific functions . 1) To
discuss matters of mutual interest concerning wages ,
hours and other conditions of employment in an attempt
to settle such matters before they become formal
complaints, 2) to act on all matters hereinafter
defined that are not part of the grievance procedure.
1 . It shall be the policy of the CITY to adjust any
complaints arising out of controversy between the CITY
and any employees covered under this agreement with
respect to the terms and conditions of this Memorandum
of Understanding within a framework of existing laws
and regulations in a manner mutually satisfactory to
employees and management at the lowest possible level .
2 . Other than items specifically covered under the
grievance procedure, complaints arising under the
above definition shall be directed either orally or in
writing to the employee ' s immediate supervisor within
five ( 5) working days of the occurrence of such action
that caused the complaint. The immediate supervisor
shall have five ( 5 ) working days to respond either
verbally or in writing.
3 . If not satisfied, the employee shall take his
complaint to the next level of supervision in writing
within three ( 3) working days . The next-level
supervisor shall respond in writing within three ( 3 )
working days.
4 . If not satisfied, the employee shall refer his
complaint to the ASSOCIATION' S representative, who
shall contact the Office of Personnel Management for
purposes of placing the complaint on the agenda for the
next regularly scheduled Labor Management meeting.
This shall be done within ten ( 10) working days of the
receipt of the answer in Step 3 .
5 . The Labor Management Committee shall submit its
recommendations regarding the complaint to the
T-- -> - 33 -
department head, G,ho shall make a final and binding
decision concerning the matter within ten ( 10 ) working
days .
B. SAFETY COf F,ITTEE
There shall be a Safety Committee consisting
of 6 members; 3 appointed by the ALLIANCE and 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 Office of the Mayor on the
maintenance of proper safety standards .
ARTICLE XXVI .
GRIEV NCE PROCEDURE
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 grievnl=_n . 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 stage of the grievance procedure as outlined herein.
An employee has a right to an ALLIANCE 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 disposition of grievances involves important
and equal obligations and responsibilities, both joint and
independent, on the part of representatives of each party to
protect and preserve the grievance procedure as an orderly means
of resolving grievances .
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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 10 working days from the time the
grievance occurs or from the time the employee could
reasonably be expected to have be come aware of such
occurrence; providing , however , both parties agree that
during this 10 day working period the alleged grievance
will be informally discussed with the employee involved,
supervision, and ALLIANCE off iciFls . 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 6 c,,orking days from the date
grievance was filed.
Step ( 2 ) If no settlement is reached under Step ( 1) ,
the grievance shall be presented in writing to the next
level supervisor within 6 working days after Step ( 1) . The
next level supervisor shall notify the parties concerned of
the decision within 6 working days after hearing the
grievance.
Meetings held under Steps ( 2 ) and ( 3) of this
procedure will normally be held within 10 work 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 within ten ( 10 ) days to a
meeting between the Director of the Office of Personnel
Management, the Chief Administrative Officer , and the
appropriate cabinet level dir ector, and a representative
from the INTERNATIONAL UNION or the ALLIANCE' S business
agent .
This meeting should be conducted within 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 ALLIANCE may appeal to the Mayor ' s Office in writing
and by certified letter within 6 days of receipt of the
decision under Step 3 .
In the event of an appeal by the ALLIANCE, 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 .
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Employees who choose to have a member of the Personnel
Pdvisory 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 11EMORANDUTA, as Exhibit B.
The Appeals Board or the member if the Personnel
Advisory Committee shall submit a recommendation to the
Mayor , the Director of the Office of Personnel Management ,
and the appropriate cabinet director within 3-0 working
days after such hearing .
The Mayor will then render a decision within 10
%:orking days after receipt of the recommendation by the
Appeals Board or the Personnel Advisory Committee member .
The CITY agrees not to retaliate against any employee
who exercises his/her rights under the aforementioned
grievance procedure.
ARTICLE XXVII .
PERSONNEL FILES
An employee shall have the right , upon reasonable notice, to
inspect such employee ' s personnel employment file for content;
provided, however, that no such employee and no person outside
the CITY shall have the right to see, review or inspect personal
or confidential personnel records of the CITY except former
employees within one 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
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 failures to act involving potentially
prosecutable issues.
L
ARTICLE XXVIlI .
LIt.ITATIOiIS ON PROVISIONS
The provisions hereof shall be subject to the limitations,
terms and conditions of the CITY ' S Collective Bargaining
Resolution.
ARTICLE XXIX.
STRIFES 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 M.EiAP.ANDUI•i, the ALLIANCE agrees that none
of the following acts shall be engaged in or in any way approved
of or encouraged by the __tL IAI`CE:
1 . A concerted absence, in whole or in part, by any group
of employees from the full , faithful and proper performan-rt--,; �
of their duties of employment for the purpose of inducting ,
influencing, condoning or coercing a change in the terms and
conditions of employment, including sick calls, sick-outs,
slowdowns, 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 are
customarily employed on a yearly contract basis.
In the event of a violation of this article by the ALLIANCE
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 benefits or wages
whatsoever while they are engaged in a strike, work stoppage or
other interruption of work as specified herein or other wise.
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kRTICLE XY-_X.
WAIVER CLAUSE
Except as provided for in Articles XXV and XXXI hereof, the
CITY and the ASSOCIATION expressly waive and relinquish the
right , and each agrees that the other shall not be obligated
during the term of this 11Et;ORANDUM, to bargain collectively with
respect to any subject or matter whether referred to or covered
in this MEMORt t:DUM or not specifically referred to or covered in
this ME1,1ORANIDUM, even though each subject or matter may not have
been within the knoV71edge or contemplation or either or both the
CITY and the ALLIANCE at the time they negotiated or executed
this MEMORANDUM and even though such subjects or matter were
proposed and later withdrawn drawn.
ARTICLE XXXI .
LABOR/f•`PNAGEMENT STUDY GROUP
The Union shall have representation on a joint labor-
management committee to be established to study matters of mutual
interest to the CITY and UNIONS recognized by the CITY as
bargaining agents for its employees .
ARTICLE XXXII .
TERM OF AGREEMENT
This MEMORANDUM shall remain in effect from July 1 , 1986,
through June 30, 1987, 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 consent, agree to
amendment to this MEMORANDUM.
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a
C. Both parties agree that this 1.Et.OR11.11DUM is subject to
available funds and ratification by the City Council in
accordance with paracraph 9, of the Third Amended Labor
Bargaining Resolution, Salt Lake City, Utah, April 10 ,
1984.
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IN WITNESS WHEREOF, the parties hereto have fixed their hands
and seals the day and year first above written.
SALT LAKE CITY CORPORATION
Y.
PALMER A. DePAULIS
rrAVrl[-)0
Y.0 R
ATTEST:
CITY RECORDER
WESTERN ALLIANCE OF STATE, COUNTY AND 1,11UNICIPAL -E!!PLOYEES
By
"d LOCAL PRESIDENT
MEMBER - ALLIANCE NEGOTIATING COMMITTEE
MEMBER - ALLIANCE NEGOTIATING COMMITTEE
40 -
r
STATE OF UTAH }
. ss .
County of Salt Lake)
n '0()r
On the da-y of ��. ! �' E •ui� , 1986 , pesonally
appeared before me PALMIER A. DePAULIS and KATHRYN MIARSHALL, 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 acknowledge to
me that said corporation executed the same.
NOTARY 'PUBLIC, Residing in Salt Lake County, Utah "
My Commission Expires :
STATE OF UTAH }
. ss .
County of Salt Lake)
On the day of �`""- 1986, personally
appeared before me ti. _,.: ;�1: -__; , �_�,�t __ , who being by me duly
sworn, did say that he is the Director of Employee Relations of
the WESTERN ALLIANCE OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
and - �� ���`� 1\�\ l..l:r �r and 4-� . t � �<<' �� who
being duly sworn, did say that they are members of the committee
of such Association, that both such persons executed the
foregoing instrument on behalf of said Association by authority
of the Board of Directors of said Association and that said
instrument has been duly ratified and approved by the membership
of said Association and that their execution hereof constitutes
as valid and binding acting on behalf of said Association and its
membership.
� ,'/� �% / f/• lid / / /� f TT-
UtahAr �
NOTARY/;PUBLIC, Residing in Salt Lake County, � �
My Commission Expires:
- 3d
1
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