028 of 1997 - Approving an amendment to the Memorandum of Understanding0 97-1
0 96-23
SALT LAKE CITY ORDINANCE
No. 28 of 1997
(Approving an amendment to the Memorandum of Understanding
between the City and Local 1004 of the American Federation of State, County
and Municipal Employees (AFSCME), representing the
"100" Series employees and appropriating necessary funds to
implement, for fiscal year 1997-98, the provisions of the amendment
and the second year of the Memorandum of Understanding.)
AN ORDINANCE APPROVING AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND LOCAL
1004 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME), REPRESENTING THE "100" SERIES
EMPLOYEES AND APPROPRIATING NECESSARY FUNDS TO IMPLEMENT,
FOR FISCAL YEAR 1997-98, THE PROVISIONS OF THE AMENDMENT AND
THE SECOND YEAR OF THE MEMORANDUM OF UNDERSTANDING.
PREAMBLE
The City Council, in Salt Lake City Ordinance No. 37 of 1996, approved a
Memorandum of Understanding between Salt Lake City Corporation and Local
1004 of the American Federation of State, County and Municipal Employees
(AFSCME), as the certified bargaining representative for the "100" Series City
employees. The Memorandum of Understanding is a two year agreement. The
City Council appropriated necessary funds required to implement the provisions
of the Memorandum of Understanding for fiscal year 1996-97. For fiscal year
1997-98, the Memorandum of Understanding is subject to appropriation of funds
by the City Council. The City Council, therefore, wants to appropriate funds to
implement the provisions of the Memorandum of Understanding for fiscal year
1997-98.
Further, AFSCME and the City entered into an amendment to the
Memorandum of Understanding allowing "100" Series employees, hired prior to
November 16, 1997, to elect coverage under an optional leave plan and
requiring "100" Series employees hired after November 16, 1997 to be covered
by the optional leave plan. The City Council, therefore, wants to approve the
amendment and appropriate funds to implement it.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSES. The purposes of this ordinance are to:
1. Appropriate necessary funds to implement, for fiscal year 1997-98,
the provisions of a Memorandum of Understanding approved by the City Council
in Salt Lake City Ordinance No. 37 of 1996 between Salt Lake City Corporation
and Local 1004 of the American Federation of State, County and Municipal
Employee (AFSCME), as the certified bargaining representative for the "100"
Series employees; and
2. Approve the attached amendment to the Memorandum of
Understanding between AFSCME and the City.
SECTION 2. APPROPRIATION. The City Council hereby appropriates
necessary funds to implement, for fiscal year 1997-98, the provisions of a
Memorandum of Understanding between Local 1004 of the American Federation
of State, County and Municipal Employees (AFSCME), representing the "100"
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Series employees and Salt Lake City Corporation as approved by the City
Council in Salt Lake City Ordinance No. 37 of 1996.
SECTION 3. APPROVAL OF AMENDMENT. The attached amendment
to the Memorandum of Understanding between the City and AFSCME is hereby
approved subject to appropriate ratification by the "100" Series City employees.
Funds are hereby appropriated to implement the provisions of the attached
amendment.
SECTION 4. AUTHORIZATION. The Mayor of Salt Lake City, Utah is
hereby authorized to act in accordance with the terms and conditions of the
attached amendment to the Memorandum of Understanding between the City
and AFSCME when it is properly ratified and executed.
SECTION 5. EFFECTIVE DATE. This ordinance shall be deemed
effective on its first publication.
Passed by the City Council of Salt Lake City, Utah, this l0th day of
June , 1997.
ATTEST:
IEF DEPTTY CI ECORDE T
.1
FOF M
orney'8 Office
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Transmitted to the Mayor on 6-10-97
Mayor's Action:XXX Approved.
ATTEST:
Bill No.
Published:
of 1997.
"-1 97
g:\ordin97\appropriating funds
Vetoed.
MA
OR
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Uyb- .5
AMENDMENT TO MEMORANDUM OF UNDERSTANDING RECORDEC
JUN 2 6 1997
CITY RECORDEF:
THIS AMENDMENT to the Memorandum of Understanding is entered
into this
Dalay of � , 1997, by SALT LAKE CITY
CORPORATION, herein referred to as the "City" and LOCAL 1004 OF THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES affiliated with AFSCME International AFL-CIO, hereinafter
referred to as the "Union."
WITNESSETH:
WHEREAS, the Union and the City entered into a Memorandum of
Understanding dated June 7, 1996 (hereinafter "MEMORANDUM"); and
WHEREAS, the City and the Union intend to amend the
MEMORANDUM for the purpose of providing an optional paid personal leave
plan to "100 Series" City employees.
NOW, THEREFORE, the City and the Union amend the
MEMORANDUM as follows:
Article XXXII shall be added and shall read as follows:
XXXII. OPTIONAL PAID PERSONAL LEAVE PLAN.
A. Effective November 16, 1997, there shall be available to
employees an optional paid personal leave plan as provided in
this paragraph XXXII ("Optional Plan"). The Optional Plan shall
be in lieu of and replace the following articles in the
MEMORANDUM: Article XIV - Sick Leave, Hospitalization and
Retirement Benefits, Article XVII.A - Bereavement Leave, Article
XVII.E - Dependent Leave, and Article XIII.D.1.(d) - Layoff
Benefit.
B. In order to be covered under the Optional Plan:
1. The employee must have been hired before November 16,
1997 and
2. The employee must, between July 15, 1997 and October
15, 1997, sign and deliver to Human Resource
Management a written authorization form electing to be
covered by the Optional Plan.
C. Employees who do not elect to be covered by the Optional Plan
as provided herein shall continue to be covered under the
provisions of the MEMORANDUM specified in subparagraph A.
D. Employees hired on or after November 16, 1997 shall be
covered by the Optional Plan.
E. Under this Optional Plan, paid personal leave shall be provided
for employees as insurance against loss of income when an
employee is absent from work due to illness or injury, to care
for a dependent, or for any other emergency or personal reason,
subject to the operational requirements of the City.
F. Each employee under this Optional Plan shall be provided, at the
beginning of the second pay period of November in each
calendar year, paid personal leave hours based on the following
schedule:
Months of Hours of Personal
Consecutive Leave
City Service
Less than 6 40
Less than 24 60
24 or more 80
Employees hired during the plan year shall be provided paid
personal leave on a prorated basis.
G. On or before the beginning of the second period of November in
each calendar year, employees covered by this Optional Plan,
may elect, by notifying Human Resource Management in
writing, to
1. Convert any unused paid personal leave hours available at
the end of the first pay period of November for a lump
sum payment equal to the following: For each converted
hour, the employee shall be paid 50 percent of the
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employee's hourly base wage rate in effect on date of
conversion. In no event shall total pay hereunder exceed
40 hours pay, or
2. Carryover to the next calendar year up to 80 unused paid
personal leave hours, or
3. Convert a portion of unused paid personal leave hours, for
a lump sum payment as provided in subparagraph G(1)
above and carry over a portion as provided in
subparagraph G(2) above.
4. Employees covered under this Optional Plan who fail to
notify Human Resource Management as specified above,
shall be deemed to have selected the "carryover" option
as provided in subparagraph G(2).
H. A maximum of 80 hours of paid personal leave may be carried
over to the next calendar year. Any personal leave hours
unused or converted before the end of the calendar year in
excess of 80 shall be converted to a lump sum payment as
provided in subparagraph G.1 above.
At termination of employment for any reason, accumulated
unused personal leave hours shall be paid to the employee at 50
percent of the hourly base wage rate on date of termination for
each unused hour. For purposes of this benefit, paid personal
leave hours will be prorated based on when, in the calendar
year, the employee terminates employment with the City.
J. Conditions of Use of Paid Personal Leave are:
1. Minimum use of paid personal leave is one hour.
2. Except in unforeseen circumstances, such as emergencies
or the employees' inability to work due to their illness or
accident, the employees must provide their supervisors or
managers with prior notice to allow time for the
supervisors or managers to make arrangements necessary
to cover the employees' work.
3. For leave due to unforeseen circumstances, the
employees must give their supervisors or managers as
much prior notice as possible.
4. Supervisors or managers shall not require an employee to
use another form of leave in lieu of requested Paid
Personal Leave.
K. Under this Optional Plan, time off with pay shall be granted to a
Full -Time salaried employee who suffers the loss of a wife,
husband, child, mother, father, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, grandfather,
grandmother, grandchild, or stepchild, stepmother, stepfather,
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stepbrother or stepsister. In the event of death in any of these
instances, the employee shall be paid the employee's regular
base pay for scheduled work time from the date of death
through the day of the memorial, not to exceed 5 working
shifts. Employees shall be permitted one additional paid shift of
bereavement leave on the day following the memorial if such
memorial is held more than 150 miles distance from Salt Lake
City and if the day following the memorial is a regular work
shift. Satisfactory proof of such death, together with the date
thereof, the date and location of the memorial, and the date of
burial, must, on request, be furnished by the employees to their
supervisor or manager. The provisions of this paragraph shall
not be applicable to employees who are on leave of absence.
L. Full -Time employees covered under the Optional Plan, who are
hired before November 16, 1997, and elect in writing during the
period between July 15, 1997 and October 15, 1997, shall
have a severance account equal to sixty percent of their
accumulated unused sick leave hours available on November 16,
1997. The severance account balance shall appear on the
employee's payroll check stub. The conversion percentage in
future enrollment periods may vary as negotiated by the Union
and the City.
M. After November 16, 1997, the full-time salaried employee
covered under the Optional Plan shall have no other
accumulated sick leave except for those hours in the severance
account.
N. (1) All of the hours in the severance account shall be payable
at retirement or layoff as follows: The employee shall be
paid the employee's hourly rate of pay on date of
termination or layoff for each hour in the employee's
severance account.
(2) In the case of retirement only, in lieu of the above,
employees may elect to convert the severance account
payment as provided herein to retiree medical plan
premiums. Such payment shall be subject to any state
and federal income and social security tax withholding
required by law. An employee's available dollar
allowance determines the number of months of medical
and surgical coverage which may be purchased. If
insurance costs increase due to group experience, the
number of months of coverage will decrease. If insurance
costs decrease due to group experience, the number of
months of coverage will increase.
(3) Employees covered by this Optional Plan shall not be
eligible for any benefits under Section 2.52.025 of the
Salt Lake City Code.
O. Hours may be withdrawn from theseveranceaccount for
emergencies after paid personal leave hours are exhausted, and
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with approval of the employee's supervisor or manager.
Approval shall not be unreasonably denied. It is understood that
hours used from the severance account shall be governed by the
same rules of usage that are applied to sick leave hours.
Severance account hours may also be used as a supplement to
Workers Compensation benefits which, when added to the
employees' workers' compensation benefits, equals the
employee's regular net salary. The employee must make an
election in writing to the City's Risk Manager to use severance
account hours to supplement workers' compensation benefits.
P. On January 1, 1998, employees under this Optional Plan may
convert sick leave accrued and unused from January 1, 1997 to
November 15, 1997 to vacation according to the schedule
provided in Article XIV.0 of the MEMORANDUM.
Q. Protection against Toss of income when an employee is absent
from work due to short term disability shall be provided to
employees covered under this Optional Plan through short term
disability insurance (SDI). There shall be no cost to the
employee for SDI. SDI shall be administered in accordance with
the terms determined by the City. As one of the conditions of
receiving SDI, the employee may be required to submit to a
medical examination. The agreement between the City and the
Third Party Administrator of the SDI Program shall be available
for review on the City Info Base or at the office of Human
Resource Management. At the request and agreement of the
employee, the City may, if available and with proper medical
releases, provide temporary light duty assignments to
employees on SDI.
R. Disputes and disagreements regarding the administration and
interpretation of this Optional Plan shall be resolved through the
Labor Management Committee as specified in Article XXIV of
this MEMORANDUM.
S. Paid personal leave shall not be considered as time worked for
purposes of overtime computation.
T. This amendment agreement shall be effective subject to
approval by the City Council and appropriation of funds.
U. Except as provided herein, the MEMORANDUM OF
UNDERSTANDING shall remain in full force and effect.
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CHEF DEPUTY
IN WITNESS WHEREOF, the parties hereto have fixed their hands and
seals the day and year first above written.
SALT LAKE CITY CORPORATION
ATTEST:
ITY R CORDER
MEMBER A
NEGOTIATION COMMITTEE
/
dA'Ski'
•••M BER
NEGOTIA i COMMITTEE
M•YOR
RECORDED
JUN 2 6 1997
CITY RECORDER
LOCAL 1004 OF THE AMERICAN
FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES,
AFL-CIO
By
MI AEL MILL R, A
Salt Lake City Chapter Chair
Local 1004
APPROVED AS TO FORM
Salt Lake City A tom y's Office
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STATE OF UTAH )
:ss.
County of Salt Lake )
Onthe 7 dayo
before me MICHAEL MILLE' who being by me duly sworn, did say that he is
ERICAN FEDERATION OF STATE,
that they are
executed the foregoing instrument on behalf of said UNION by authority of
the Board of Directors of the UNION and that said instrument has been duly
ratified and approved by the membership of said UNION and that their
execution hereof constitutes a valid and binding act on behalf of said UNION
and its membership.
, 1997, personally appeared
the Salt Lake City Chapter Chair of the A
COUNTY AND MUNICIPA
an
e members of th
My Commission Expires:
g:\unions97\amendMOU
oca,1004 and
ho being duly sworn, did say
rd of such UNION, that all such persons
kr
NOTARY PUBLIC, residing in
Salt Lake County, Utah
1
NOTARY PUBLIC
STATE OF UTAH
**minion Expires
Myth 2.1009
CINSTINE R. MEEKER
45t south Stis
8a8 iaho City, Utah 84111
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