033 of 2015 - MOU between SLC and IAFF Local 1645 0 15-1
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SALT LAKE CITY ORDINANCE
No. 33 of 2015
(Approving a Memorandum of Understanding between Salt Lake City Corporation and the
International Association of Firefighters Local 1645,representing Firefighters and Fire Captains
in the Salt Lake City Fire Department,pursuant to the Collective Bargaining and Employee
Representation Joint Resolution dated March 22,2011)
An Ordinance approving a Memorandum of Understanding between Salt Lake City
Corporation and the International Association of Firefighters Local 1645,representing
Firelighters and Fire Captains in the Salt Lake City Fire Department pursuant to the Collective
Bargaining and Employee Representation Joint Resolution dated March 22,2011,which shall
become effective on proper ratification and signature.
PREAMBLE
The International Association of Firefighters Local 1645,representing Firefighters and
Fire Captains in the Salt Lake City Fire Department pursuant to the Collective Bargaining and
Employee Representation Joint Resolution dated March 22,2011,and the Mayor,have agreed to
a Memorandum of Understanding subject to appropriate ratification by eligible employees and
signature of the parties. Section 6 of the Collective Bargaining and Employee Representation
Joint Resolution,dated March 22,2011,provides that no collective bargaining Memorandum of
Understanding shall be effective until the City Council approves the Memorandum of
Understanding,enacts implementing legislation and appropriates all required funds.
The attached Memorandum of Understanding is a three year agreement effective for
fiscal years 2016-2018. The City Council has appropriated necessary funds required to
implement the provisions of the attached Memorandum of Understanding for fiscal year 2016.
Accordingly,the City Council wishes to approve the attached Memorandum of
Understanding between Salt Lake City Corporation and the International Association of
Firefighters Local 1645,which shall become effective on ratification and signature of the parties.
Be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the attached
Memorandum of Understanding which shall become effective on appropriate ratification by the
eligible employees and on signature of the Mayor and the International Association of
Firefighters Local 1645,representing Firefighters and Fire Captains in the Salt Lake City Fire
Department,pursuant to Section 6 of the Collective Bargaining and Employee Representation
Joint Resolution,dated March 22,2011.
SECTION 2. The attached Memorandum of Understanding between the City and the
International Association of Firefighters Local 1645 is hereby approved.
SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City,Utah is hereby
authorized to act in accordance with the terms and conditions of the attached Memorandum of
Understanding when it is properly ratified and executed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be deemed effective on June
21,2015.
Passed by the City Council of Salt Lake City,Utah,this 16th day of June,2015.
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ATTEST:
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Transmitted to the Mayor on June 22, 2015
Mayor's Action: Approved. Vetoed.
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MA \OR
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— / APPROVED AS TO FORM
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MEMORANDUM OF UNDERSTANDING
June 21, 2015 —July 1, 2018
Salt Lake City Corporation
and the
International Association of Firefighters
Local 81
RECORDED
JUN232015
CITY RECORDER
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International Association of Salt Lake City Corporation
Firefighters Website: www.slcgov.com
Local 81 Intranet: http://slcnet
Trevor Tallon, President Office: 801.535.7900
Website: www.1645.org
E-mail: president@1645.org
Memorandum of
Understanding Salt Lake
City Corporation And
the
International Association of Firefighters,
Local 81
Table of Contents Page
ARTICLE 1-AUTHORITY 6
ARTICLE 2—RECOGNITION 7
ARTICLE 3-RIGHTS AND OBLIGATIONS 7
A. Management Rights and Declaration 7
B. No Strike Clause 7
C. No Lockout Clause 7
D. Employee Rights 7
E. Local 81 Rights 8
F. Local 81 Business 8
G. Dues Deduction 8
ARTICLE 4—REPRESENTATION 9
A. Local 81's Representation Rights and Obligations 9
B. Eligible Employee Representation Rights 9
ARTICLE 5-WAGE SCHEDULE AND LONGEVITY 10
A. Wages 10
B. Certifications 11
C. Longevity 12
D. Overtime 12
E. Support Differential 13
ARTICLE 6-HOURS OF SERVICE AND OVERTIME 13
A. Hours of Service 13
B. Exchange of Time 13
C. Overtime Compensation 13
LOCAL 81 MOU Page 2
D. Standby/On-Call 14
E. Callback 14
F. Additional Support Work 14
G. Temporary Assignments 15
ARTICLE 7—HOLIDAYS 16
A. Holidays Specified 16
B. Alternative and Additional Holidays for Support Division 16
C. Work Required on Holiday for Support Division 16
D. Holiday Payout upon Separation 17
ARTICLE 8—VACATIONS 17
A. Vacation Authorized/Use of Vacation 17
B. Vacation Accumulation Schedule 17
C. Rules for Taking Vacation 18
D. Vacation Benefits upon Separation 19
ARTICLE 9(PLAN"A"ONLY)SICK LEAVE AND HOSPITALIZATION BENEFITS 20
A. Sick Leave Policy and Procedures 20
B. Accumulation of Sick Leave 20
C. Sick Leave Conversion to Vacation Time 21
D. Sick Leave Credit Forward 22
E. Notification of Election 22
F. City Contribution 22
G. Retirement Benefits 23
H. Hospitalization 23
I. Authorized Sick Leave and Hospital Benefits 24
J. Regular Salary to be Continued 24
K. Dependent Leave 24
L. Career Incentive Leave 25
M. On-Duty Shifts for Personnel Defined 25
N. Long-Term Disability Compensation 25
ARTICLE 9("PLAN B"ONLY)—PERSONAL LEAVE 27
A. Paid Personal Leave 27
LOCAL.81 MOU Page 3
B. City Contribution 28
C. Carry Over of Personal Leave 28
D. Conditions of Use of Paid Personal Leave 28
E. Career Enhancement Leave 28
F. Retirement/Layoff(RL) Benefit 29
G. Payment of the RL Account 29
H. Short Term Disability Insurance 29
I . Termination Benefits 30
ARTICLE 10 (PLAN "A" & PLAN "B") - LEAVES OF ABSENCE 31
A. Bereavement Leave 31
B. Family Medical Leave Act(FMLA) 31
C. Eligible Employees who enter Military Service 32
D. Pay while on Military Leave 32
E. Leave for Jury Duty 32
F. Subpoena Duty 33
G. Injury Leave 33
ARTICLE 11 - ADDITIONAL ALLOWANCES 34
A. Leaves of Absence 34
B. Educational Incentive Pay 34
C. Tuition Reimbursement 34
D. Uniform Allowance 34
E. Mileage Allowance 35
ARTICLE 12 - INSURANCE 35
ARTICLE 13 - PENSION PLAN CONTRIBUTION 36
ARTICLE 14 - SIGNIFICANT EXPOSURE 36
ARTICLE 15 - STANDING COMMITTEES 36
A. Labor Management Committee 36
B. Safety, Wellness and Personal Protective Equipment(PPE) Committee 37
C. Apprenticeship Committee 37
D. Bid Committee 37
E. EMS Committee 38
LOCAL 81 MOU Page 4
F. Engineers Committee 38
G. Dispatch/Communications Committees 38
H. Limitations on Participation 39
1. Compensation for Committee Work 39
ARTICLE 16-PROCEDURAL RIGHTS 39
A. Investigative Interview 39
B. Pre-Determination Hearing 40
C. Remedy 41
ARTICLE 17-GRIEVANCE PROCEDURE 41
A. General Rules for Grievances 41
B. Disciplinary Grievance 42
C. Policy/Procedure Grievance 43
D. Contractual Grievance 44
ARTICLE 18-PERSONNEL FILES 45
ARTICLE 19-MISCELLANEOUS POLICIES AND PROCEDURES 45
ARTICLE 20-NOTICE OF POLICY CHANGE 45
ARTICLE 21—LAYOFFS 46
ARTICLE 22-TERM OF MEMORANDUM 46
ARTICLE 23-LIMITATION OF PROVISIONS 46
ARTICLE 24-WAIVER CLAUSE 46
ARTICLE 25-SAVINGS CLAUSE 47
ARTICLE 26—REINSTATEMENT AFTER SEPARATION DUE TO INJURY
OR ILLNESS 47
A. Interaction with Civil Service Rule 47
B. Reinstatement Requirements and Procedure 48
C. Separated Employee Not"Eligible Employee" 49
APPENDIX A 52
ATTACHMENT 1—COLLECTIVE BARGAINING RESOLUTION 54
ATTACHMENT 2—FOUR-HANDED STAFFING 55
LOCAL 81 MOU Page 5
RECORDED
SLC Contract No. 15-1-15-8128
JUN232015
MEMORANDUM OF UNDERSTANDING
CITY RECORDER
A MEMORANDUM OF UNDERSTANDING entered into this 23rd day of June,2015,
by SALT LAKE CITY CORPORATION("the City")and Local 81 of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS("Local 81").
RECITALS
A. The City has recognized the value of collectively bargaining,with Local 81,the terms
and conditions of employment for Non-Sworn,Firefighters,Specialists,Paramedics,and Fire
Captains("eligible employees")in the Salt Lake City Fire Department("SLCFD")pursuant to
the Collective Bargaining and Employee Representation Joint Resolution dated January 13,
2009("Resolution"included as Attachment 1). The Resolution identifies Local 81 as Local 1645,
its designation at the time of its passage.
B. The City and Local 81 have negotiated and have reached agreement on the terms and
conditions of eligible employees'employment for the period June 21,2015 through July 1,2018
C. The City and Local 81 recognize that this Memorandum of Understanding
("MOU"),does not modify the City's authority or obligations established by the Utah
Constitution and Utah statutes.
D. The City and Local 81,recognizing that at times,increased benefits have been
provided instead of wage increases,jointly desire to establish the wage structure,benefits,and
employment conditions of eligible employees as required by the Resolution in order to promote
the efficient operation of the SLCFD and to provide an appropriate method of handling and
processing grievances.
E. The City and Local 81 agree that this MOU entirely replaces the Memorandum of
Understanding between the parties effective June 24,2012,as amended.
AGREEMENT
NOW,THEREFORE,the City and Local 81 agree to the following:
ARTICLE 1-AUTHORITY
The Resolution authorizes the City and Local 81 to negotiate an MOU to provide fair
compensation for eligible employees,to prevent work interruptions,to promote efficient
operations of the City,to promote safe operations in the SLCFD,and to provide an orderly and
prompt method of handling grievances.
LOCAL 81 MOU Page 6
ARTICLE 2-RECOGNITION
The City recognizes Local 81 as the exclusive bargaining agent for full-time eligible employees
in the SLCFD for the purpose of negotiating their wages,hours,and other conditions of
employment.
ARTICLE 3-RIGHTS AND OBLIGATIONS
A. Management Rights and Declaration
Except as specifically changed by the terms of this MOU,the City retains the exclusive
right to decide how to manage its employees and to direct its operations.
SLCFD is committed to apply NFPA 1710,OSI IA and applicable Standard of Cover
guidelines related to the safe and effective response to emergency scenes and will
evaluate and improve service delivery within Salt Lake City with these standards in mind.
B. No Strike Clause
Local 81 and eligible employees in the SLCFD are prohibited from promoting,
sponsoring,engaging in or encouraging,directly or indirectly,any strike,slowdown,
interruption of operations,absence from work upon any pretext or excuse,sickout,
withholding of services,interference with services provided by the City,or any other
interruption of the City's operations and Local 81 will use its best efforts to encourage all
employees covered by this MOU to comply with this section.
C. No Lockout Clause
The City will not lock out any eligible employees during the MOU's term.
D. Employee Rights
Eligible employees have the right to join and participate in Local 81's activities for
representation purposes or to refuse to join or participate in Local 81's activities.
Eligible employees also have the right to represent themselves individually in their
employment relations with the City. Local 81 agrees it will not restrain or coerce any
eligible employee from exercising their rights. The City and Local 81 agree they will
not discriminate against any eligible employee based upon membership or non-
membership in Local 81.
Except in an emergency declared pursuant to State or City law,no eligible employee will
be required to perform law enforcement duties,except for arson investigations and fire
prevention duties,or any other duty or work normally performed by another City
department.
LOCAL 81 MOU Page 7
E. Local 81 Rights
Local 81 has the right to present its views to the City either in written or oral form.
F. Local 81 Business
Local 81 business such as soliciting membership,collecting dues,electing officers,
membership meetings,observing grievance proceedings and posting and distributing
literature will be conducted on an eligible employee's personal time and will not interfere
with SLCFD operations,except as follows:
- Elected Local 81 officers will be allowed a reasonable period during working
hours to attend Local 81 meetings or participate in other Local 81 business as
necessary.
• The officer will provide the Chief or designee notice as soon as possible,but not
less than twenty-four(24)hours in advance of such meeting.
- Eligible employees designated as official delegates to Local 81 conferences and
conventions will receive paid time off to attend conferences and conventions.
• This time off will not exceed more than two(2)employees per shift or more than
a total of twenty-eight(28)working shifts(or additional shifts as approved by the
Fire Chief or designee)per year of the aggregate of all such eligible employees.
Four(4)of these working shifts shall be for the use of an eligible employee
serving on the Board of Directors of the Professional Fire Fighters of Utah
("PFFU")to conduct business related to the activities of the PFFU.
- Local 81's President will notify the Chief or designee of any request to attend a
conference as soon as possible,but no less than thirty(30)days prior to the
conference.
- The eligible employee involved will receive permission before attending the
conference. Time off under this clause will not be counted as time worked for the
purpose of computing overtime.
- SLCFD agrees to provide Local 81's President a reasonable amount of time to
assist in the administration of the MOU.
G. Dues Deduction
The City agrees to deduct Local 81 membership dues from an employee's pay when
the employee makes a written request and forward all collected dues to the Local 81 on a
monthly basis. The City also agrees it will stop making deductions upon an employee's
request. The City will notify Local 81 of any request.
Local 81 will notify the City of any change to the membership dues thirty(30)days
before the effective date.
LOCAL 81 MOU Page 8
ARTICLE 4-REPRESENTATION
A. Local 81's Representation Rights and Obligations
1. Local 81 agrees to represent in good faith eligible employees'interests in the SLCFD
without discrimination and without regard to membership in the Local 81.Local 81 has
the right to determine the method and means of its eligible employees'representation.
2. No Employee shall be represented in their employment relations with the City by an
agent or representative of a competing employee organization other than Local 81.
3. SLCFD will provide Local 81's representatives,upon proper notification to their
immediate supervisors,a reasonable opportunity during working hours to investigate
and resolve grievances. The Fire Chief or designee must approve any time for these
activities beyond two(2)hours per week. Local 81 representatives will be held to the
same standard of confidentiality in these matters as the City. Any discussion among
Local 81 representative,the employee,and the City concerning settlement of items
grieved will be privileged matters and may not be used for any other purpose by either
party.
4. Local 81 representatives may not delay,interfere with,or otherwise obstruct any City
investigation conducted in compliance with the terms and conditions of this MOIL
5. Local 81 may represent a Separated Employee in the process provided for in Article 26.
B. Eligible Employee Representation Rights
1. An eligible employee may be accompanied and assisted by a representative when
subject to an investigative interview or pre-determination hearing as provided for in
Article 16,Procedural Rights.The representative may not be a person subject to the
same investigation.
2. An eligible employee's right to representation does not apply to regular employee
evaluations.
3. An eligible employee's right to representation does not apply to an inquiry,coaching,
instruction,or direction given to an eligible employee by his or her immediate
supervisor regardless of whether the action is documented or undocumented.
4. An eligible employee may be accompanied and assisted by a representative during any
stage of the grievance process.
5. SLCFD will grant an eligible employee a reasonable amount of time to obtain
representation before any disciplinary investigation without threat of discipline or other
adverse employment action.
LOCAL 81 MOO Page 9
ARTICLE 5-WAGE SCHEDULE AND LONGEVITY
A. Wages
The Department will classify employees for purposes of compensation as one of the
following:
• A Non-Sworn eligible employee such as an inspector,instructor,or an education
specialist.
• Firefighter-EMT.
• Firefighter-Specialist(i.e.Engineer;Haz-mat Tech;ARFF;Heavy Rescue Tech;
Inspector,Investigator,Public Education Specialist,Swift Water Rescue Tech,
AV Specialist,SCBA Tech,EMT Coordinator,Instructor or other Firefighter-
Specialists as approved by the department Chief).
• Firefighter-Paramedic.
• Fire Captain.
The City and Local 81 agree the City will use two rates of pay,either Operations Rate or
a Support Rate, to compensate eligible employees. The hourly Operations Rate will be
computed based upon a fifty-six(56)hour work week. The hourly Support Rate shall be
computed based upon a forty(40)hour work week.
For July 5,2015 to July 2,2016,all eligible employee pay rates will be based upon the
rate of pay for Firefighter-EMT("Firefighter Rate")and determined by the completion of
requirements and years of completed service with the City.Firefighter-Specialists will be
paid the Firefighter-EMT wage rate plus seven percent(7%). Firefighter-Paramedics will
be paid the Firefighter-EMT wage rate plus 15.47%.Non-Sworn eligible employees will
be paid on the same schedule at a rate of ninety-five percent(95%)of the Firefighter-
EMT wage rate.
The top Captains pay rate will be the top Firefighter-EMT wage rate plus 30.92%.
Captains will be paid at 91.57%of this top wage rate for the first six months after
promotion and one-hundred percent of this top Captain's wage rate thereafter.
The wage rates are summarized in the pay schedule attached hereto as Appendix A.
The rate of pay will be determined by years of completed service with the Department
(except in the case of the year one pay rate which will require the completion of
probation or completion of one year of service,whichever occurs later,and the year two
pay rate which requires the completion of his or her apprenticeship or two years of
service,whichever occurs later). An eligible employee may subsequently move to a
higher pay rate during the effective dates of the wage schedule in the event that the
passage of his or her anniversary date results in the eligible employee completing the
requisite number of completed years of service.
LOCAL 81 MOU Page 10
It is the City and Local 81's intent and desire that this new structure represents the first
phase in achieving a pay structure that accomplishes the following: further reductions in
the number of years to reach the top rate of pay; additional consolidation of the number
of increases over the course of an eligible employee's career; and, development of objective
minimum performance requirements to achieve salary increases. The City and Union agree
to continue the negotiation of these issues in subsequent fiscal years, subject to mutual
agreement and appropriation of necessary funds to accomplish these long-term goals.
The City and Local 81 agree to reopen this MOU for fiscal years 2017 and 2018 solely to
negotiate the wage schedule.
B. Certifications
Except as otherwise noted, Certification as used in this Section shall mean that an eligible
employee has taken the necessary training and/or testing and holds and maintains a
certification in the following areas: Engineer, Haz-Mat, ARFF, Heavy Rescue, Swift
Water Rescue, Inspector, and Investigator.
1. Eligible employees will receive an additional fifty dollars ($50) each month if they
hold all of the applicable Certifications necessary for and are regularly assigned to the
following bid positions (or i the event the Department determines that an eligible
employee's bid position requires multiple certifications):
Heavy Rescue Team:
• Firefighter-Paramedics not to exceed 3 per platoon
• Firefighter-Engineers not to exceed 2 per platoon
• Captains not to exceed 2 per platoon
Haz-Mat Team:
• Firefighter-Engineers not to exceed 2 per platoon
• Captains not to exceed 2 per platoon
Swift Water Rescue:
• Firefighter-Paramedics not to exceed 3 per platoon
• Firefighter-Engineer not to exceed 1 per platoon
• Captain not to exceed 1 per platoon
ARFF:
• Firefighter-Paramedics not to exceed 3 per platoon
• Captains not to exceed 3 per platoon
LOCAL 81 MOU Page 11
2. Eligible employees who do not hold a bid position as provided for in Subsection 1
above but who obtain and maintain a Certification,will receive the following:
• An eligible employee classified as a Firefighter-EMT or Firefighter-Paramedic
shall be paid an additional twenty-five($25)per month per Certification,with a
maximum of two additional paid Certifications.
• An eligible employee classified as a Firefighter-Specialist shall be paid an
additional twenty-five($25)per month per additional Certification beyond that
required for the eligible employee's classification, with a maximum of one
additional paid Certification. A Paramedic certification will be included in the
definition of Certification for those classified as Firefighter-EMTs and
Firefighter-Specialists.
• An eligible employee promoted to Captain shall be paid an additional twenty-five
($25)per month for the following Certifications only:Haz-Mat,ARFF,Heavy
Rescue,Swift Water Rescue,Inspector,and Investigator;with a maximum of one
additional paid Certification.
C. Longevity
Eligible employees will receive longevity pay based upon continuous years of service
with the City. Eligible employees who have completed six(6)continuous years of City
employment will receive a monthly longevity benefit of$50 per month;eligible
employees who have completed ten(10)continuous years of City employment will
receive$75 per month;eligible employees who have completed sixteen(16)continuous
years of City employment will receive$100 per month;and eligible employees who
have completed 20 continuous years of City employment will receive$125 per month.
Longevity pay is in addition to the wages stated in the pay schedule.Longevity pay
will be included in the calculation of base pay for purposes of pension contributions.
D. Overtime
An eligible employee who is regularly assigned to an Operations crew will receive the
Operations Rate of pay,except that a firefighter regularly assigned to an Operations crew
will receive a premium overtime rate of one and one-half the Support rate of pay for all
work performed outside of any Operations crew shift. Operations crew shift work includes
all work performed by an eligible employee during a shift period but does not include
holdover work performed immediately after the conclusion of an eligible employee's
Operations crew shift. When an eligible employee is required to hold over at the
conclusion of an Operations crew shift,the eligible employee will receive a premium
overtime rate twice the Operations rate of pay for all holdover work.
LOCAL 81 MOU Page 12
For an eligible employee who is regularly assigned to work other than an Operations crew
("Support work"), the eligible employees will receive the Support Rate of pay, except that
an eligible employee regularly assigned to Support work will receive one and one-half the
Operations Rate when the eligible employee works all or part of an Operations crew shift.
If a Support work employee works all or part of an Operations crew shift and is required to
hold over at the conclusion of the Operations crew shift, the eligible employee will receive
a premium overtime rate twice the Operations rate of pay for all hold over work.
E. Support Differential
An eligible employee designated by the Department as a Firefighter-EMT,
Firefighter-Specialist, Firefighter-Paramedic, or Captain that is regularly assigned
Support work will receive, for hours worked in Support, a differential wage increase
equal to two percent (2%) of the employee's designated wage rate.
ARTICLE 6 - HOURS OF SERVICE AND OVERTIME
A. Hours of Service
The Fire Chief or designee may require an eligible employee to perform work beyond the
eligible employee's regularly scheduled duties. Whenever possible, SLCFD will solicit
volunteers for overtime work. Forty hours within a seven-day week shall constitute a
normal work period for all eligible employees, except eligible employees assigned to the
Operations Division. Two (2) consecutive 24 hour shifts shall constitute a normal work
period for eligible employees regularly assigned to the Operations Division.
B. Exchange of Time
Eligible employees may exchange time in accordance with provisions outlined in the Fair
Labor Standards Act(substitution of work scheduled) when the exchange does not
interfere with SLCFD operations and with the approval of the eligible employees'
supervisor. An exchange may be denied if the proposed exchange would impair one of
the eligible employee's training and proficiency responsibilities.
C. Overtime Compensation
Eligible employees shall be paid overtime compensation as required by the Fair Labor
Standards Act and as enhanced by this MOU. In determining"hours worked" for
purposes of identifying overtime work performed, eligible employees and SLCFD shall
record an employee's exact time worked in minutes, if practical, or time worked to the
nearest 15 minutes. Each eligible employee shall verify that the recorded time accurately
reflects the actual time worked.
An eligible employee required to perform authorized overtime work shall be
compensated by pay at one and one-half the applicable rate.
LOCAL 81 MOU Page 13
D. Standby/On-Call
Appropriate SLCFD officers may require eligible employees to keep themselves
immediately available for City service during otherwise off-duty hours. Such employees
shall receive the following compensation: Eligible employees shall be compensated one
(1)hour of straight-time pay for each twenty-four(24)hours or significant portion
thereof for being immediately available. This compensation shall be in addition to any
callback pay or pay for time worked the eligible employee may receive during the
standby/on-call period. The City and I,ocal 81 understand that standby/on-call
compensation under this paragraph wilt not be counted as time worked for purposes of
overtime compensation but will be added to the eligible employee's regular rate of pay
when calculating any overtime compensation.
E. Callback
Eligible employees who are directed to report to work during their scheduled off-duty
time or while on standby and who arrive at a fire station,incident scene,or place of
assignment shall be compensated with a minimum of four(4)hours'pay.
Eligible employees who are directed to report to work during their off-duty scheduled
time or while on stand-by and who are cancelled prior to arrival at a fire station,incident
scene,or place of assignment shall be compensated with a minimum of one(1)hour's
pay.
In those cases where an eligible employee is not directed to report to work(to a station or
to an incident scene)but is required to perform City work at home(including telephone
advice)or at another location,the eligible employee shall be paid only for time worked.
The eligible employee shall receive overtime compensation,based upon the total hours in
the designated pay period as provided for in the Fair Labor Standards Act,for time
worked on callback duty.
Eligible employees will be paid at the Support rate of pay whether such call back is for
Support work or for work on an operations shift.
F. Additional Support Work
The City and Local 81 agree that eligible employees in Support who volunteer for
work beyond their regularly scheduled work assignments do not qualify for Callback
under Subsection E. However,in the event such voluntary additional work involves
returning to work,rather than extending a shift,the voluntary additional work shall be
subject to a guaranteed two(2)hours paid at the applicable FLSA pay rate for hours
actually worked and the remainder,if any,paid at straight-time.
LOCAL 81 MOU Page 14
G. Temporary Assignments
Eligible employees may be temporarily assigned to perform duties not normally assigned
to their current position. Upon expiration of such temporary assignment, the eligible
employee shall be restored to the position occupied at the time such temporary
assignment was made. In making the temporary assignments described in this paragraph,
assignments shall be provided, if practical, by the station officer, following notification of
the appropriate battalion chief, from the available firefighters on duty and available for
that assignment at that station. Any eligible employee who is assigned to work out of
classification must be a journey level firefighter. When this assignment is not made as
described above, the Fire Chief or designee will make temporary assignments giving
consideration to station location, certification, and the staffing needs of SLCFD.
Any eligible employee assigned to perform duties normally assigned to others within the
group of eligible employees, Acting Out of Class, will be paid a differential equal to a rate
of One Dollar and Fifty Cents ($1.50)per hour for each hour worked.
Any eligible employee assigned to perform duties normally assigned to a
supervisory/managerial position outside of the normal duties of those in the same rank in
the Operations Division, In Charge, will be paid a differential equal to a rate of Two
Dollars ($2.00) per hour for each hour worked.
Any eligible employee not assigned to the Operations Division, who is assigned to perform
duties normally assigned to a supervisory/managerial position not in the Operations
Division, In Charge, will be paid a differential equal to a rate of Two Dollars ($2.00) per
hour for each hour worked. An eligible employee required to work out of his or her job
classification in a supervisory or managerial position not assigned to Operations Division
will receive an additional Two Dollars ($2.00) per hour for each working day or shift.
Attempts to avoid the intent of this paragraph shall be discouraged.
Captains do not qualify for temporary assignment unless assigned to the position of
Battalion Chief/Division Chief in which case they would receive an additional Two
Dollars ($2.00) per hour for each hour worked.
LOCAL 81 MOU Page 15
ARTICLE 7 - HOLIDAYS
A. Holidays Specified
The following days shall be recognized and observed as holidays for all full-time eligible
employees not assigned to the Operations Division:
1. New Year's Day (January 1)
2. Martin Luther King, Jr., Day (the third Monday of January)
3. Presidents' Day (the third Monday of February)
4. Memorial Day (the last Monday of May)
5. Independence Day (July 4)
6. Pioneer Day (July 24)
7. Labor Day (the first Monday of September)
8. Veterans' Day (November 11)
9. Thanksgiving Day (the fourth Thursday of November)
10. Day after Thanksgiving
11. Christmas Day (December 25)
12. One personal holiday may be taken upon request of the eligible employee
regularly assigned to day work at the Fire Chief's discretion. Eligible employees
are eligible for this holiday only after satisfactorily completing their initial
probationary period.
Eligible employees of the Operations Division, in lieu of days off for the preceding
enumerated holidays, shall be granted six (6) on-duty shifts (144 hours) off per year, to
be taken at such times as approved by the Fire Chief
B. Alternative and Additional Holidays for Support Division
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. When any holiday listed above falls on a
weekday that is not a regularly scheduled workday for an employee, the holiday will
be observed on the preceding or following regular work day, whichever is closest in
time to the holiday listed above. An eligible employee may move a designated
holiday and observe it on any day within the pay period in which the designated
holiday falls upon request to and express approval by the employee's Division Chief
In addition to the above, any day may be designated as a holiday by proclamation of
the Mayor or the City Council.
C. Work Required on Holiday for Support Division
In the event an eligible employee in the Support Division is required by the Department to
work on a day designated as a holiday, the eligible employee will be compensated at the
rate of one-and-one-half(1'/2) times the employee's wage rate for hours actually worked on
said holiday.
LOCAL 81 MOU Page 16
D. Holiday Payout upon Separation
When eligible employees retire or leave City employment for any reason,the City shall
compensate them for any holiday time earned and unused. For the purposes of calculating
a holiday payout upon separation,eligible employees in Operations shall be credited with
earning holidays on a pro-rata basis of 12 hours per month of time worked in the calendar
year in which the separation occurs.less holidays previously used.
ARTICLE 8-VACATIONS
A. Vacation Authorized/Use of Vacation
1. Eligible employees shall be entitled to receive their regular wages during vacation
periods earned and taken in accordance with the provisions of this article.
2. Vacation is continuously accrued in hours but is taken in the next calendar year in
increments of shifts(for those on Operational Duty)and days(for those on
Support Duty).
3. The term"Support,"as used herein,shall mean eight or ten hour days. Eligible
employees working Support Duty who use a vacation day in lieu of a regularly
scheduled work day shall have the number of hours for the regularly scheduled
work day subtracted from the total amount of accrued vacation hours.
4. In the event vacation hours need to be converted from Operational Duty to
Support Duty,they shall be converted at a ratio of 3:2(i.e.twenty four(24)hours
of Operational Duty vacation shall equal sixteen(16)hours of Support Duty
vacation)and vice-versa.
B. Vacation Accumulation Schedule
1. Eligible employees shall accrue vacation based upon years of service as follows:
Years of Service Hours per bi-weekly pay period
Support Duty Operations Duty
0 to end of year 3 3.69 5.54
4 to 6 4.31 6.47
7 to 9 4.92 7.38
l0 to 12 5.54 8.31
13 to 15 6.15 9.23
16 to 19 6.77 10.15
20 or more 7.69 11.53
LOCAL 81 MOU Page 17
2. Eligible employees who have completed less than one (1) continuous year of service
with the City will have available to them, in the next calendar year, the number of full
shifts (or days) of vacation earned prior to December 31st and shall receive payment
for all vacation accrued in excess of the full shifts (or days) based upon their regular
rate of pay (i.e. an eligible employee with less than one (1) continuous year of service
with the City who has accrued fifty two (52) hours of Operational Duty vacation prior
to December 31s1 will have available to them, in the next calendar year, two (2) shifts
and will be paid the remaining four (4) hours at his or her regular rate of pay).
However, such available vacation may not be taken until an eligible employee has
completed his or her probationary period.
3. All other eligible employees will have available to them, in the next calendar
year, the following number of shifts or hours based upon the years of continuous
service with the City:
Number of Continuous Years Vacation
of Service With City
Support Operations
(in hours) (in shifts)
1-3 96 6
4-6 112 7
7-9 128 8
10-12 144 9
13-14 160 10
15-19 176 11
20 200 12.5
C. Rules for Taking Vacation
The Fire Chief shall conduct an annual vacation draw prior to November 15th of each
year. Annual vacation periods may be divided into two or more separate periods as are
deemed necessary by the Fire Chief or as requested by the eligible employee and
approved by the Fire Chief or designee.
Upon approval by the Fire Chief or designee, eligible employees may accumulate vacation
(including both earned vacation and sick leave conversion time) according to the length of
their full-time continuous years of employment with the City up to the following maximum
limits:
• After 6 months: up to 15 shifts (30 days);
• After 9 years: up to 17.5 shifts (35 days);
• After 14 years: up to 20 shifts (40 days).
LOCAL 81 MOU Page 18
Any vacation earned or accrued beyond said maximum shall be deemed forfeited on
December 31 of each calendar year. However,the foregoing and notwithstanding for
good cause shown prior to a forfeiture date.the Fire Chief or designee may allow an
eligible employee to accumulate vacation time up to an additional maximum two and a
half(2.5)shifts(five(5)day)period to be used within one year from the date permission
for such extension was granted.
Except in cases of MLA-qualifying events,accumulated vacation can only be used with
permission of the Fire Chief or designee.
Except upon separation or purchase as provided in Sections D,no eligible employee shall
be entitled to be paid for vacation earned but not taken.
D. Vacation Benefits upon Separation
• When eligible employees retire or leave City employment for any reason,they
shall be entitled to be paid for:
• All earned vacation time accrued,unused,un-forfeited and forwarded from
previous years,plus;
• All vacation accrued,un-forfeited and unused for the year of employment during
which the termination shall occur.
For purposes of calculating this vacation benefit on separation,the City shall convert the
accrued vacation of eligible employees who are assigned to Operations from the
Operations rate to the Support Rate.
LOCAL 81 MOU Page 19
ARTICLE 9(PLAN"A"ONLY)SICK LEAVE AND HOSPITALIZATION BENEFITS
The following apply to those eligible employees who are on Plan"A"during the term of
this Memorandum:
A. Sick Leave Policy and Procedures
1. Sick leave shall be provided to all full-time eligible employees only as insurance
against loss of income when an eligible employee is unable to perform assigned
duties because of illness or injury.
2. Eligible employees may use accrued sick leave for his or her doctor and/or dentist
appointments. This leave must be taken in at least one-hour time blocks and may
only be used upon prior approval of the eligible employee's supervisor.
3. Each eligible employee shall be entitled to 120 hours of sick leave each calendar year
except members of the Operations Division who shall be entitled to 7.5 Operations
shifts of sick leave each calendar year. The City shall credit eligible employee's sick
leave account in a lump sum(120 hours or 7.5 shifts)during the first month of each
calendar year.
4. Eligible employees who separate from the City for any reason prior to the end of the
12th month of the calendar year will have sick leave for the period prorated back to
the City as follows:
Month Support Operations
January 120 hours 7.50 shifts
February 110 hours 6.88 shifts
March 100 hours 6.25 shifts _
April 90 hours 5.63 shifts
May 80 hours 5.00 shifts
June 70 hours 4.38 shifts
July 60 hours 3.75 shifts
August 50 hours 3.13 shifts
September 40 hours 2.50 shifts
October 30 hours 1.88 shifts
November 20 hours 1.25 shift
December 10 hours .63 shift
B. Accumulation of Sick Leave
Authorized unused sick leave may be accumulated from year to year.
LOCAL 81 MOU Page 20
C. Sick Leave Conversion to Vacation Time
Any eligible employee in the Operations Division who has accumulated 15 Operations
shifts under the provisions of Section B,or any eligible employee who regularly performs
Support work,who has accumulated to their credit thirty 240 sick leave hours,may
choose to convert a portion of the yearly sick leave granted for any given year to vacation,
according to the following provisions:
OPERATIONS
Number of Shifts Used*Prior to December 31 of Shifts Available for
the Current Calendar Year Conversion
0 hours(no shifts) 5 shifts
24 hours (I shift) 4 shifts
48 hours (2 shifts) 3 shifts
72 hours (3 shifts) 2 shifts
96 hours (4 shifts) 1 shift
120 hours or more(5 or more shifts) 0 shifts
SUPPORT
Number of Sick Leave Hours Used*Prior to Sick Leave Days
December 31 of the Current Calendar Year Available for Conversion
Zero hours 72 hours
0-8 hours 64 hours
8-16 hours 56 hours
16-24 hours 48 hours
24-32 hours 40 hours
Over 32 hours 0 hours
*For the purposes of this section"Shifts Used"or"Hours Used"do not include time
subtracted for the use of Dependent Leave pursuant to subsection K below.
Such converted sick leave shall be permitted as vacation to be used in addition to any
other vacation awarded to an eligible employee. Converted sick leave shall be deemed
taken prior to any other vacation time. The conversion of sick leave shall be subject to
the requirements and limitations on accumulated vacation as stated in Article 8,Section
C. Therefore,an eligible employee may draw the converted vacation in the current
vacation draw(third draw)or convert the sick leave to accumulated vacation up to the
maximums provided therein.
LOCAI,81 MOU Page 21
D. Sick Leave Credit Forward
Subject to subsection F below, the balance of the yearly sick leave not converted to
vacation as provided for in Section C (hereinafter"Available Conversion Hours"), less
the number used during that calendar year as sick leave, shall be carried forward as
accumulated sick leave.
E. Notification of Election
An eligible employee's election to convert any sick leave to vacation time must be made
in writing on the forms provided by the SLCFD. This written election shall be completed
prior to or commensurate with the eligible employee's participation in the annual
vacation draw for those working in Operations. For those working in Support,this written
election shall be completed by October 31 st
If an eligible employee uses sick leave after he or she elects to convert, but before the end
of the year, the amount of accumulated sick leave or converted vacation will be corrected.
F. City Contribution
The carry forward of yearly sick leave into accumulated sick leave shall be subject to the
following limitations.
1. Those eligible employees who have fewer than 1000 (Operations) hours of
accumulated sick leave, or the Support hour equivalent if applicable, may carry forward
their Available Conversion Hours as accumulated sick leave to the extent such carry
forward does not result in the eligible employee having in excess of 1000 (Operations)
hours of accumulated sick leave, or the Support hour equivalent if applicable. Any
Available Conversion Hours in excess of said amount shall be paid out pursuant to
Subsection 3 below.
2. Those eligible employees who have 1000 (Operations) hours or more of accumulated
sick leave, or the Support hour equivalent if applicable, may not carry forward their
Available Conversion Hours and such hours shall be paid out pursuant to Subsection 3
below.
3. The City shall pay those hours required to be paid pursuant to Subsections 1 and 2
above by contributing to the Nationwide Post Employment Health Plan the value of the
Available Conversion Hours. The value of this contribution shall be based on the wage
schedule effective on December 31 of the subject year. Prior to the contribution, the City
shall convert the Available Conversion Hours of eligible employees who are assigned to
Operations from the Operations rate to the Support rate using the 3:2 ratio. This
contribution shall be automatic and not subject to election by those eligible employees
qualifying under this paragraph.
LOCAL 81 MOU Page 22
G. Retirement Benefits
Upon an eligible employee retiring between July 1 and December 31,the City will pay a
contribution,in the amount of fifty percent(50%)of the cash value of the eligible
employee's accumulated,unused sick leave,to the employee's Nationwide Post-
Employment Health Plan account in accordance with the provisions and requirements of
that Plan. The value of the sick leave will be calculated as stated above.
Upon an eligible employee retiring between January 1 and June 30,the City will pay to the
eligible employee twenty-five percent(25%)of the cash value of the eligible employee's
accumulated,unused sick leave. For all eligible employees,the value of the sick leave will
be calculated using the hourly Support Rate of pay in effect on the eligible employee's last
day of compensation prior to retirement. Sick leave accumulated as Operations hours will
be converted to Support hours for the purposes of these calculations.
This provision shall not act to reinstate an eligible employee with sick leave benefits that
were in any respect lost,used,or forfeited prior to the effective date of this MOU.
Retirement benefits provided in this Section G are subject to appropriation of funds.
H. Hospitalization
1. Hospitalization leave shall be provided for an eligible employee under Plan"A,"in
addition to sick leave authorized as insurance against loss of income when an eligible
employee is unable to perform assigned duties because of scheduled surgical
procedures,urgent medical treatment,or hospital admission.
2. An eligible employee shall be entitled to 30 Support days(15 Operations shifts)of
hospitalization leave each calendar year. Hospitalization leave shall not accumulate
from year to year. An eligible employee may not convert hospitalization leave to
vacation or any other leave nor may he or she convert hospitalization leave to any
additional benefit at time of retirement.
3. An eligible employee who is unable to perform his or her duties during a shift due to
preparations for(such as fasting,rest,or ingestion of medicine)or participation in a
scheduled surgical procedure shall obtain permission of the staffing office or supervisor
as applicable prior to the scheduled procedure. With approval,the eligible employee
may report the absence from the affected shift as hospitalization leave.
4. An eligible employee who must receive urgent medical treatment at a hospital,
emergency room,or acute care facility and who is unable to perform his or her duties
during a shift due to urgent medical treatment may report the absence from the affected
shift as hospitalization leave. The eligible employee is responsible to report the receipt
of urgent medical treatment to the staffing office or supervisor as soon as practical.
Herein urgent medical treatment includes at-home care directed by a physician
immediately after the urgent medical treatment and within the affected shift.
5. An eligible employee who is admitted to a hospital for medical treatment so that he or
she is unable to perform his or her duties may report the absence from duty as
hospitalization leave.
LOCAL 81 MOU Page 23
6. Medical treatment consisting exclusively or primarily of post injury rehabilitation or
therapy treatment,whether conducted in a hospital or other medical facility,shall not
be counted as hospitalization leave.
7. An eligible employee requesting hospitalization leave under this section may be
required to provide verification of treatment from a competent medical practitioner.
L Authorized Sick Leave and Hospital Benefits
An eligible employee shall be entitled to receive sick leave or hospitalization leave
benefits for illness or injuries arising out of or in the course of employment for an
employer other than the City;provided,however,that as a condition of granting such
leave,the City may require that it be subrogated to the eligible employee's rights of
recovery against any person or organization associated with such injury. The City shall
have the exclusive right to decide whether to require subrogation and/or seek recovery;
provided,however,that full recovery by and reimbursement to the City of all its expenses
associated with the eligible employee's injury,including medical and leave costs,shall
have the effect of re-vesting with the eligible employee all sick leave and hospitalization
leave entitlements used as the result of such injury. The eligible employee may petition
the City Attorney's Office not to pursue legal action for damages against a third party;
however,the decision to seek recovery rests solely with the City Attorney.
J. Regular Salary to be Continued
Each eligible employee who takes authorized sick leave or authorized hospitalization
leave shall continue to receive his or her regular salary during their absence from work
for the periods set forth in this Article.
K. Dependent Leave
1. An eligible employee may request Dependent Leave to care for the eligible
employee's child,spouse,or parent who is ill or injured but may not have a serious
health condition(non-FMLA-qualifying event).
2. The following provisions apply to the use of Dependent Leave:
a. Dependent Leave may be granted with pay on a straight-time basis.
b. The SLCFD may require an eligible employee to provide information about the
need for Dependent Leave.
c. An eligible employee's sick leave shall be reduced by the number of days/shifts
taken by an eligible employee as Dependent Leave under this paragraph.
LOCAL 81 MOU Page 24
L. Career Incentive Leave
Eligible employees,who have been in consecutive Full-Time employment with the City
for more than twenty(20)years,and who have accumulated to their credit One Thousand
(1,000)Operations hours or more sick leave hours,may make a one-time election to
convert up to One Hundred Sixty(160)hours of sick leave into Eighty(80)hours of paid
Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick
leave hours converted to Career Incentive Leave will not be eligible for a cash payout
upon termination or retirement even though the employee has unused Career Incentive
Leave hours available. This leave can be used for any reason.Those employees working
Support may compute their accumulated hours into Operations hours for the purpose of
this Section using the 3:2 ratio.
M. On-Duly Shifts for Personnel Defined
For computation purposes of this article,the term"on-duty shift"for eligible employees
of the Operations Division shall mean a 24-hour working day;benefits will be provided
at the rate of 24 hours for each shift provided,i.e. 15 days of sick leave equals 7.5
scheduled working(24-hour shifts.) There is no expectation by the City that all sick
leave use shall be in full-shift increments(8,10,12,or 24 hours). Sick leave may be
used as needed in minimum one-hour blocks.
For eligible employees who regularly perform Support work,sick leave equals
120 hours.
In the event sick leave or vacation hours need to be converted from Operational to
Support,they shall be converted at a ratio of 3:2(i.e.twenty four(24)hours of
Operational sick leave shall equal sixteen(16)hours of Support sick leave and vice-
versa).
It is not the intent of this MOU to increase sick leave or vacation benefits as a result of
the conversion to 24-hour work shifts.
N. Long-Term Disability Compensation
In addition to any state or federal disability plans,optional long-term disability is
available to eligible employees who enroll in the City's long-term disability program.
The City,at its own expense,shall have the right and opportunity to require an eligible
employee to obtain a medical examination when and as often as may be reasonably
necessary to determine the eligible employee's continued eligibility. An eligible
employee refusing such an examination shall be ineligible for the benefits provided by
this paragraph.
Refusal to submit to treatment for disabilities while receiving benefits under the long-
term disability program shall be grounds for termination of compensation specified
hereunder.
LOCAL 81 MOU Page 25
When any injury for which compensation is payable under this long-term disability
program shall be caused by the wrongful act or negligence of another person,the City
may require an eligible employee claiming long-term disability compensation,to assign
to the City any action for damage against such person.
If an eligible employee of the City becomes entitled to receive Workers Compensation as
a result of suffering a City service-connected injury or illness of a type not compensated
under the foregoing provisions of this section,such eligible employees shall be paid
Workers Compensation as provided by law;provided however,that he or she may elect
to use,during such disability,his or her accumulated sick leave credit and vacation time,in
such increments that will,when added to his or her Workers Compensation payments allow
the eligible employee to collect One Hundred percent(100%)of his or her net wage or
salary;and provided further,that satisfactory evidence of such election shall be transmitted
by said eligible employee to Human Resources prior to payment.
For purposes of this provision,"net wage or salary"shall mean gross compensation less
federal and state income tax and FICA withholding. In no event shall an eligible
employee collect more than One Hundred percent(100%)of his or her net wage or
salary.
LOCAL 81 MOU Page 26
ARTICLE 9 ("PLAN B" ONLY)—PERSONAL LEAVE
The following apply only to those eligible employees who are on Plan"B" during the
term of this Memorandum:
A. Paid Personal Leave
Paid personal leave shall be provided for eligible employees as insurance against loss of
income when an eligible employee needs to be absent from work because of illness or
injury, to care for a dependent, bereavement leave or for any other emergency or personal
reason. Where the leave is not related to the eligible employee's own illness or injury—
or an event that qualifies under the FMLA—approval of a personal leave request is
subject to supervisory approval based on the operational requirements of the City.
An eligible employee shall be awarded his or her personal leave on:
• 2015: November 8, 2015 first date of available use December 6, 2015
• 2016: November 6, 2016 first date of available use December 4, 2016
• 2017: November 5, 2017 first date of available use December 3, 2017
In each calendar year, paid personal leave hours based on the following schedule:
Months of Hours or Shifts of Personal Leave
Consecutive City
Service
Less than 6 40 Support hours for personnel who
regularly perform Support work or 2.5
Operations shifts for Operations
personnel
More than 6, less 60 Support hours for personnel who
than 24 regularly perform Support work or 4
Operations shifts for Operations
personnel
24 or more 80 Support hours for personnel who
regularly perform Support work or 5
Operations shifts for Operations
personnel
New eligible employees hired between the beginning of the plan year through April will
receive forty (40) Support hours or two and one half(2.5) Operations shifts of leave time.
Those hired between May and November will receive twenty four (24) Support hours or
one and one half(1.5) Operations shifts. Any eligible employee hired between
November 1 and the end of the plan year will receive eight(8) Support hours or one-half
Operations shift.
LOCAL 81 MOU Page 27
B. City Contribution
Eligible employees may not carry over more than one hundred and twelve(112)Support
hours or seven(7)Operations shifts of personal leave to the next plan year,which begins
the second pay period of November. For any personal leave unused by an eligible employee
in excess of one hundred and twelve(112)Support hours or seven(7)Operations shifts for
Operations personnel on that date,the City shall contribute a maximum of eighty(80)
Support hours or five(5)Operations shifts for Operations personnel of the unused personal
leave to the Nationwide Post Employment Health Plan.The value of this contribution shall
be based on the wage schedule at the end of the plan year. Prior to contribution,the City
shall convert the unused personal leave hours for eligible employees assigned to Operations
from the Operations rate to the Support rate using the 3:2 ratio. This contribution shall not
be subject to election by the eligible employee.
C. Carry Over of Personal Leave
Any eligible employee's personal leave hours not contributed according to Section B
above shall carry over to the next plan year. Prior to the end of the plan year,during
annual vacation draw(third draw),eligible employees may draw up to four personal leave
shifts.Personal leave shifts drawn at vacation draw shall be considered used time for
purposes of determining available unused personal leave hours at the end of the plan year.
D. Conditions of Use of Paid Personal Leave
Based upon the need to operate at acceptable staffing levels,and to maintain the safety of
the public and SLCFD personnel,the following conditions on use apply:
1. Minimum use of paid personal leave is in one(1)hour increments and must be
approved by the eligible employee's Station Captain,immediate supervisor,or
staffing office.
2. In situations where paid personal leave is used for illness,dependent or funeral leave,
notice should be given as soon as possible but in no case less than one(1)hour prior
to shift change except in unforeseen or extraordinary circumstances,such as
emergency or accident,in which case the eligible employee must provide as much
notice as reasonably possible.
E. Career Enhancement Leave
Eligible employees who have completed fifteen(15)years of full-time service with the
City are eligible to be selected to receive a one-time career enhancement leave of up to
two weeks. This leave could be used for formal training,informal course of study,job
related travel,internship,mentoring or other activity which could be of benefit to the City
and the employee's career development. Selected employees shall receive their full
regular wages during the leave. Requests for this leave must be submitted in writing to
the Fire Chief,stating the purpose of the request and how the leave is intended to benefit
the City. The Fire Chief then must approve the request.
LOCAL 81 MOH Page 28
F. Retirement/Layoff(RL) Benefit
Eligible employees who have converted from Plan "A"to Plan "B" shall continue to
maintain their RL account in the amount of the converted hours less any hours
withdrawn from such accounts since they were established.
City agrees to open a conversion window from September 1, 2015 to October 15,
2015 for eligible employees who remain in Plan "A"to convert to Plan "B". Upon
conversion, such employees shall have a RL account equal to fifty percent (50%) of
their accumulated, unused sick leave hours available on the date of conversion,
minus any hours withdrawn after the account is established.
G. Payment of the RL Account
1. All of the hours in the RL account shall be payable at layoff as follows: The
eligible employee shall be paid his/her hourly rate of pay on date of termination
for each hour in the eligible employee's RL account.
2. Upon an eligible employee retiring between July 1 and December 31, the City will
pay a contribution, in the amount of the cash value of the eligible employee's RL
account, to the employee's Nationwide Post-Employment Health Plan account in
accordance with the provisions and requirements of that Plan. The value of the
RL account will be calculated as stated above.
3. Upon an eligible employee retiring between January 1 and June 30-, the City will
pay to the eligible employee the cash value of the eligible employee's RL account.
The value of that contribution will be calculated using the hourly Support Rate of
pay on the eligible employee's last day worked prior to retirement. Should such
hours have been placed into and maintained in the RL account as Operations
hours, they shall be converted to Support hours using the ratio provided for herein.
4. Hours may be withdrawn from the RL account for emergencies after personal
leave hours are exhausted, and with approval of the eligible employee's
appropriate Battalion Chief. Approval shall not be unreasonably denied. It is
understood that hours used from the RL account shall be governed by the same
rules of usage that are applied to sick leave hours. RL account hours may also be
used as a supplement to Workers Compensation benefits which, when added to the
eligible employee's Workers Compensation benefits, equals the eligible
employee's regular net salary. The eligible employee must make an election in
writing to the Director of Management Services to use RL account hours to
supplement Workers' Compensation benefits.
H. Short Term Disability Insurance
Protection against loss of income when an eligible employee is absent from work due to
short term disability shall be provided to employees covered under Plan "B" through
short term disability insurance (SDI). There shall be no cost to the eligible employee for
shall be administered in accordance with the terms determined by the City.
LOCAL 81 MOU Page 29
The City will seek recommendations from its benefits committee. As one of the
conditions of receiving SDI, the eligible employee may be required to submit to a
medical examination. The agreement between the City and Third Party Administrator of
the SDI program will be available for review in the City's InfoBase and at the Human
Resource Management Office. At the request and agreement of the eligible employee,
the City may provide temporary light duty assignments to eligible employees on SDI,
provided a light duty assignment is available, and the eligible employee provides proper
medical releases.
I. Termination Benefits
At termination of an eligible employee for any reason, the City shall contribute the value
of accumulated unused personal leave hours, in excess of eighty (80) Support hours or
five (5) Operations shifts of personnel of personal leave to the Nationwide Post
Employment Health Plan as required by this Article. Any remaining accumulated unused
personal leave minus any adjustment necessary after calculating the "prorated amount,"
shall be paid to the employee at fifty (50) percent of the hourly base wage rate on the date
of termination for each unused hour subject to appropriations of funds. For purposes of
this subparagraph, "prorated amount" shall mean the amount of personal leave credited at
the beginning of the plan year, multiplied by the ratio of the number of months worked in
the plan year (rounded to the end of the month which includes the date of separation) to
twelve (12) months. If the eligible employee, at the time of separation, has used personal
leave in excess of the prorated amount, the value of the excess amount shall be
reimbursed to the City and may be deducted from the eligible employee's final paycheck.
LOCAL 81 MOU Page 30
ARTICLE 10 (PLAN "A" & PLAN "B") - LEAVES OF ABSENCE
Full-time eligible employees shall be eligible for leaves of absence under the following
circumstances:
A. Bereavement Leave
Bereavement Leave may be approved by the Fire Chief or designee for the death of persons
who stood in loco parentis for the eligible employee or eligible employee's spouse.
The provisions of Bereavement Leave shall not be applicable to eligible employees who are
on an unpaid leave of absence.
1. Time off with pay will be granted a full-time eligible employee who suffers, or
whose spouse suffers, the loss of an immediate family member(defined as a spouse,
domestic partner, adult designee, child, brother, sister,parent, grandparent, or
grandchild, or the equivalent relationship established through marriage, i.e. "step"
relations). In the event of death in any of these instances, an eligible employee will
be paid his/her regular pay for five (5) consecutive days or two (2) Operations shifts
of scheduled work time including the time of death or including the memorial
service. Satisfactory proof of such death, together with the date thereof and the date
and location of the memorial service, must be furnished by eligible employees to the
Fire Chief or designee upon request.
2. In the event of death of relatives other than those enumerated in Paragraph A, Section
1 above, an eligible employee will be paid for time off from scheduled working hours
while attending the funeral services for such person, not to exceed one Support shift of
eight(8), ten(10), or twelve (12) hours or one Operations shift of twenty-four(24) hours.
3. In the event of death of friends, an eligible employee may exchange time under existing
rules, be granted available time off, or take time off without pay while attending the
funeral services for such persons, not to exceed four (4) hours subject to the approval of
their immediate supervisor.
4. In the event the death of any member of the immediate family occurs while an eligible
employee is on vacation, his or her vacation will be extended by the amount of time
authorized as funeral leave.
B. Family Medical Leave Act(FMLA)
Benefits in this article continue income to eligible employees during absence due to illness,
accident, or personal reasons. Some of these absences may qualify under the Family and
Medical Leave Act(FMLA). This is a federal law that provides up to 12 weeks of unpaid
leave each year and protects jobs and health care benefits for eligible employees who need
to be off work for certain "family and medical"reasons. Eligible employees may access a
complete copy of the City's FMLA policy on the City's intranet or may request a copy
from the City's Division of Human Resource. The City requires all eligible employees
using FMLA leave to exhaust their paid leave allotments for FMLA- qualifying events
prior to taking FMLA leave unpaid. The paid leave parameters are defined in this MOU.
LOCAL 81 MOU Page 31
C. Eligible Employees who enter Military Service
Eligible employees who enter the active service of the Utah State National Guard or in the
service of a uniformed services of the United States, including the United States Army,
United States Navy, United States Marine Corps, United States Air Force, commissioned
corps of the National Oceanic and Atmospheric Administration, or the commissioned
corps of the Public Health Service, shall be entitled to be absent from their duties and
service with the City, without pay, as required by the state and federal laws. Military
leave shall be consistent with the federal Uniform Services Employment and
Reemployment Act and according to Utah code.
D. Pay while on Military Leave
Eligible employees who are or shall become members of the organized reserves of the
United States Army,Navy, Air Force, Coast Guard, and Marines or any unit of the Utah
National Guard shall be allowed full pay for all time not in excess of fifteen(15)
continuous calendar days (7.5 Operations shifts) per year spent on military active duty in
connection with the requirements of the Service. This leave shall be in addition to annual
vacation leave with pay.
An eligible employee claiming a military benefit must provide documentation to the City
demonstrating the duty.
An eligible employee may carry over no more than 7.5 Operations shifts (or 15 Support
days) of military leave each calendar year, not to exceed fifteen (15) Operations shifts (or
30 Support days) at any one time. An eligible employee will not receive any
compensation for unused military leave upon separation or retirement from the City.
E. Leave for Jury Duty
All eligible employees shall receive their regular wages for any scheduled work missed
due to jury service. Any City compensated time spent in jury service shall be counted as
time worked for purposes of the FLSA. In addition, eligible employees are entitled to
receive and retain statutory juror's fees paid for jury service in State and Federal Courts
subject this Article. No reduction in an eligible employee's wages shall be made for
absence from scheduled work period resulting from such jury service. On those days that
an eligible employee is required to report for jury service and is thereafter excused from
such service during their regular working hours for the City, he/she shall forthwith return
to and carry on his/her regular City employment. Failure to return to work shall result in
disciplinary action and forfeiture of that day's pay for such eligible employee. Eligible
employees are required to give their supervisors as much advanced notification as
possible regarding jury duty that may require them to be absent from scheduled work.
LOCAL 81 MOU Page 32
F. Subpoena Duty
If an eligible employee during their off duty time is directed by the City to do work
associated with a subpoena as a result of their Fire Department duty assignment,the
eligible employee shall be paid at their wage rate for time worked. Preparation time shall
be compensated if directed by the City,approved by the Fire Chief or designee,and
verified by the eligible employee.
G. Injury Leave
The City shall establish rules and procedures for administration of an injury leave
program(supplemental to sick or personal leave)for eligible employees,under the
following conditions:
I. The injury must have resulted from a documented incident while the eligible
employee was on duty and performing job-related activities.
2. The eligible employee must be unable to work due to the injury as verified by a
competent medical practitioner.
3. The Injury Leave must not exceed the value of the eligible employee's net wage or
salary during the period of absence due to the injury,less all amounts paid or credited
to the SLCFD employee by Workers Compensation,social security,disability,or
retirement benefits,or any form of governmental relief. "Net wage or salary"for
purposes of this provision shall mean gross compensation less Federal and State
income tax and FICA withholding. In no event shall an eligible employee collect
more than One Hundred percent(100%)of his or her net wage or salary.
4. The value of injury leave shall not exceed Five Thousand Dollars($5,000)per
eligible employee per incident,unless approved in writing by the Fire Chief.
5. The Fire Chief shall review and approve injury leave claims. Appeals from the
decision of the Fire Chief may be received by the Mayor's Designee who will make
recommendations to the Mayor for final decision.
6. If an eligible employee is eligible for Workers Compensation and is not receiving
injury leave pursuant to this Section,said eligible employee may elect in writing to
Human Resources to use accumulated sick or personal leave or authorized vacation
time to supplement the eligible employee's Workers Compensation,not to exceed the
eligible employee's net wage or salary.
7. The City and Local 81 will establish a policy that is intended to return an injured
eligible employee back to work as soon as possible. The policy shall include,but not
be limited to,a light duty program and incentives to encourage an eligible employee
to pursue recovery aggressively and to return to work.
LOCAL 81 MOU Page 33
ARTICLE 11-ADDITIONAL ALLOWANCES
A. Leaves of Absence
Eligible employees may be eligible for additional leaves of absence at the approval of the
Fire Chief. Any eligible employee who requests such leave shall be subject to the
following limitations:
• The leave shall be unpaid.
• The eligible employee's seniority shall be reduced the same number of days that
such leave was in effect.
- Upon return from such leave the eligible employee shall be reinstated after
successful completion of a physical and performance review as stipulated by the
Chief and the Civil Service Commission,if applicable.
B. Educational Incentive Pay
Eligible employees who have completed all required basic training courses and
probationary periods shall be entitled to the following monthly allowances according to
the educational degree held by such eligible employees:
• Doctorate $100 per month
- Masters $75 per month
- Bachelors $50 per month
- Associate $35 per month
An eligible employee shall be eligible for incentive pay hereunder following submission
of his or her diploma evidencing completion of degree requirements at a fully accredited
college or university to the Fire Chief or designee.
No eligible employee shall be compensated for an educational degree which qualifies the
eligible employee for his or her position of employment.
C. Tuition Reimbursement
The eligible employee will participate in and comply with the provisions of the City's
tuition reimbursement policy as they are developed through the Benefits Committee and
Human Resources Policy,subject to funding.
D. Uniform Allowance
Dangerous or contaminated safety equipment shall be cleaned,repaired,or replaced by
the SLCFD.
The SLCFD will provide at no cost to the eligible employee,NFPA approved protective
(Turnouts)outer clothing and safety equipment that is required in the performance of
his/her duties.
LOCAL 81 MOU Page 34
In addition, effective July 1 of each year covered by this MOU, each eligible employee
may purchase authorized uniform, clothing, or equipment items at a cost of up to Six
Hundred Dollars ($600) per fiscal year. Eligible employees will be able to use this
allowance through a voucher, invoicing, or reimbursement system at approved uniform or
equipment vendors. The Department will arrange for the respective mechanisms of
purchase with uniform or equipment vendors and provide a list of approved items and
vendors in Department policy.
Unused balances of uniform allowance will not roll over from year to year. However,
should the implementation of the mechanisms stated above for the use of the allowance
be significantly delayed, unused amounts will be rolled over into the next fiscal year to
allow a reasonable opportunity for eligible employees to use their uniform allowance.
During the term of this MOU, the City may wish to explore the implementation of a
quartermaster system as a means of purchasing uniforms and equipment. If during the
course of this MOU the City wishes to implement a quartermaster system, the City and
Local 81 agree to discuss a limited reopener to make potential changes to this
provision.
E. Mileage Allowance
Eligible employees who are authorized to use and who do use privately owned
automobiles for official City business shall be reimbursed for their operation expenses as
allowed by City policy. Reimbursement forms must be submitted at least annually, for
accounting reasons.
Before payment is made to an eligible employee pursuant to the terms of this paragraph,
the eligible employee's supervisor must authorize the use of the automobile and the
mileage traveled must be verified by the head of the department(or designee) involved.
Verification and reimbursement shall be on forms and in the manner provided in
administrative procedures, as prescribed by the City Finance Director.
ARTICLE 12 - INSURANCE
The City will make available life, accidental death and dismemberment, health, dental insurance
and long term disability (income protection program) to all eligible employees, upon the terms
and conditions as may be from time to time determined by the City.
The City will make available a consulting service that will provide counseling for drug abuse,
alcoholism, and marriage counseling, comparable to what is currently provided.
The City will participate in the Nationwide Post Employment Health Plan, as adopted by the City
by contract and ordinance. The City will contribute Six Hundred Dollars ($600) per year
(prorated per eligible employee's biweekly pay period) into each eligible employees Nationwide
Post Employment Health Plan account.
LOCAL 81 MOU Page 35
ARTICLE 13-PENSION PLAN CONTRIBUTION
During the term of this MOU.for Tier I eligible employees,the City shall pay the employer's
and the eligible employee's monthly retirement contributions required to be paid to the Utah
State Retirement Fund at the contribution rate determined or adjusted by the Utah State
Retirement Board.
For eligible employees hired after July 1,2011 and enrolled in the Tier 2 Public Safety
Retirement System,as defined in state code,the City shall make the contributions to the Tier 2
I-Iybrid Retirement System or the Tier 2 Defined Contribution Plan pursuant to the eligible
employee's election and as required by the statute.
The City will make available a Section 457 and 401k(IRS Code)Deferred Compensation Plan
and where possible other deferred compensation plans consistent with state and federal laws.
ARTICLE 14-SIGNIFICANT EXPOSURE
The City and Local 81 recognize the importance of testing for infectious disease any individual
who causes a significant exposure to an eligible employee.The City shall provide appropriate
legal support to move,as provided in Utah law,for a necessary court order directing such
testing.The City shall also provide all necessary medical evaluation and follow-up medical
intervention for an eligible employee who has been subject to significant exposure.The City and
Local 81 shall develop a training program for eligible employees and their supervisors,regarding
appropriate actions when an eligible employee has a significant exposure.
ARTICLE 15-STANDING COMMITTEES
A. Labor Management Committee
There shall be established a committee composed of the Executive Staff of the SLCFD and
the Executive Board of the Union. This committee shall meet as needed,and shall create
and maintain minutes of all committee meetings or actions. Such records shall be
maintained for at least five years after the date of any meeting or action.
Either the SLCFD Executive Staff or the Local 81 Executive Board may propose issues or
matters to be considered by the Labor Management Committee. Any such matters shall be
considered at the next scheduled Labor Management Committee meeting,unless both the
Local 81 President and the Fire Chief agree that the matter is of an urgent nature;in which
case the Labor Management Committee shall be immediately assembled.
The Labor Management Committee shall oversee and give direction to all other standing
committees. The Labor Management Committee may form other committees for the
fulfillment of the SLCFD's strategic plan or mission. When established,the Labor
Management Committee shall specify for each committee the number of persons on the
committee,the committee make up,the purpose and function of the committee,how
often the committee will meet,and the length of time the committee shall be in existence.
LOCAL 81 MOU Page 36
The Labor Management Committee shall review,edit,and approve the charters which shall
then govern the committees'activities.The charter may be altered or expanded at any time
with the approval of the Labor Management Committee.
It is understood that the Labor Management Committee is an advisory body,and shall not
act to pre-empt the authority of the Fire Chief or members of the SLCFD Executive Staff.
Similarly,the Labor Management Committee shall have no authority to direct legal and
appropriate Local 81 activities.
The Labor Management Committee has no authority and no role in considering individual
matters grieved under this MOU,except as expressly provided for herein.However,the
Labor Management Committee may consider necessary changes to SLCFD policies and
procedures that may arise out of individual matters grieved.
B. Safety, Wellness and Personal Protective Equipment(PPE)Committee
There shall be a Safety,Wellness and PPE Committee established to make
recommendations to the Labor Management Committee on methods and means of reducing
illness,injuries,and accidents in the SLCFD and promote overall fitness of the SLCFD.
The Committee shall consist of nine(9)members: six(6)appointed by the Local 81
President and three(3)appointed by the Fire Chief or designee. The SLCFD Safety
Officer will chair the Committee. The Safety,Wellness and PPE Committee shall schedule
and call its own meetings. It should consider any matter referred to it by the Labor
Management Committee. However,it may,independent of the Labor
Management Committee,evaluate and investigate the safety needs of the SLCFD and
report to and make recommendations to the Labor Management Committee.
C. Apprenticeship Committee
There shall be an Apprenticeship Committee responsible for the oversight of the SLCFD
apprenticeship program,as approved by the Fire Chief. The Committee shall consist of six
(6)members,three(3)appointed by the Local 81 President,and three(3)appointed by the
Fire Chief. The Committee shall appoint a chairperson,who will serve for one calendar
year,and who shall be a Local 81 appointee or Fire Chief appointee every other calendar
year. The Committee shall meet as needed. The Committee shall monitor the progress of
individual apprentices and report to and make recommendations to the Labor Management
Committee.
D. Bid Committee
The bid committee will consist of one eligible employee from each of the following
classifications: Captain,Engineer,Paramedic,ARFF,HRT,Swift Water Rescue,Haz-
Mat. Committee members will be selected by the Labor Management Committee and the
Chair of the Committee will rotate through each of the classifications on an annual basis.
The Chief of the SLCFD or his delegated subordinate officer may assign apparatus,
resources,or personnel,as they deem appropriate for the performance of the SLCFD's
mission. In an effort to provide a fair and equitable way of assigning personnel to positions
LOCAL 81 MOU Page 37
within the SLCFD, a bid procedure allowing members of the SLCFD to express a
preference for work assignments is instituted. Bid positions shall be based upon openings
for eligible employees and all promotable positions.
The Bid Committee will meet on an annual basis beginning in January of each year and
every odd-numbered month thereafter. By May 1 of each year, the Bid Committee may
submit, in writing, proposed rule changes to the bid procedure to the Labor Management
Committee.
E. EMS Committee
There shall be an EMS Committee established and responsible for the oversight of the
SLCFD's emergency medical system, as approved by the Fire Chief. The Committee shall
consist of fourteen (14) voting members and two (2) non-voting members. Voting members
will consist of: three Operations Paramedics (one from each platoon appointed by the
Local 81 President); three (3) Operations EMTs (one from each platoon appointed by the
Local 81 President); three (3) Operations Captains (one from each platoon appointed by the
Local 81 President); one (1) Operations Airport Paramedic (appointed by the Local 81
President) the Battalion Chief of the Medical Division, the Captain of the Medical
Division, and the Department Medical Director. The two non-voting members will be the
EMS Transport Representative (agreed upon by both Department and Local 81) and the
Medical Office Facilitator. The Committee shall appoint a chairperson who will serve for
one calendar year, and who will be a Local 81 President appointee every other year. The
Committee will meet as necessary. The Committee may provide recommendations to the
Fire Chief and Labor Management Committee regarding protocols, equipment, supplies,
research, inter-hospital matters, and transport issues.
F. Engineers Committee
There shall be an Engineers Committee established for the oversight of fire apparatus
design, maintenance, and purchase as well as continuing Engineer training, as approved by
the Fire Chief The Committee shall consist of seven(7) members, six Engineers (two
from each platoon appointed by the Local 81 President) and the Apparatus Captain.
The Local 81 President may also assign one alternate member from each platoon. Such
alternates may attend a Committee meeting if one of the two appointed engineers from their
platoon is unavailable to attend. The Committee shall meet as needed. The Committee
shall elect its own chairperson who will serve for one calendar year. The Apparatus
Captain shall serve as chairperson at least every other year. The Committee may provide
recommendations to the Fire Chief and Labor Management Committee regarding these
issues.
G. Dispatch/Communications Committees
SLCFD shall continue to participate in committees established by or with other City
departments or divisions concerning dispatch and radio communications. One of the
eligible employees assigned to participate on such committees shall be selected by the
President of Local 81 with the remainder selected by the Fire Chief Participation in such
LOCAL 81 MOU Page 38
committees will be treated as participation on a standing committee for the purposes of
subsections H and I of this Article. In the event the other departments and/or divisions
cease to have committees related to dispatch and radio communications,the Labor
Management Committee may elect to establish one within the SLCFD as a standing
committee.
H. Limitations on Participation
In an effort to broaden the opportunities for service upon Committees,participation
thereon shall be term limited. Except for those positions permanently designated by
specific job title in the preceding Sections(i.e.Apparatus Captain or Safety Officer),
membership on any one Committee shall be limited to a term of two(2)consecutive
calendar years. Committee members may return to a Committee after the completion of
this term after being off of the Committee for one year. Membership shall also be limited
to one standing Committee at a time.These limits may be waived by the Labor
Management Committee in the event that there are not enough interested people to fill the
available slots or for other good cause.
L Compensation for Committee Work
Time spent in Committee meetings or on authorized Committee activities shall be
considered"time worked"for purposes of determining compensation for non-exempt
FLSA employees.This provision shall also apply to work performed on any authorized
City/Department committee not expressly provided for herein.
ARTICLE 16-PROCEDURAL RIGHTS
It is the intent of this article to provide procedural safeguards to eligible employees who are
under investigation for conduct that may lead to discipline. An eligible employee's right to
representation does not apply to an inquiry,coaching,instruction,or direction given to an
eligible employee by his or her immediate supervisor regardless of whether the action is
documented or undocumented. If,during an inquiry,an eligible employee knows or believes
that his or her own conduct may lead to discipline,the employee may request that the inquiry
occur by investigative interview and any further interviewing of the eligible employee
concerning the matter shall be conducted pursuant to Section A below.
A. Investigative Interview
When any eligible employee is under investigation for conduct that may lead to discipline,
the investigation shall be conducted under the following conditions.
Prior to any interview with the eligible employee accused of misconduct,the eligible
employee shall be advised of the following:
• The nature of the complaint,and the specific allegation(s)of misconduct.
• The approximate date(s),time(s),and location(s)of the incident that gave rise to
the allegation(s).
LOCAL 81 MOU Page 39
• The eligible employee's right to have representation as provided in Article IV.
• The investigative interview shall specifically and narrowly focus on the eligible
employee's conduct.
A recording of the investigative interview session with the eligible employee may be
made. The City,Local 81 or the eligible employee may make a recording of the
interview session,provided however,that no recording shall take place without the
knowledge of all parties present. Any such recording(s)shall be provided to the City,
Local 81 or the eligible employee upon request.
Persons conducting the investigation may not:
• Subject an eligible employee to offensive language or threaten disciplinary action.
except an eligible employee refusing to respond to questions or submit to
interviews shall be informed that failure to answer questions narrowly and
directly related to the eligible employee's conduct may result in disciplinary
action;
• Make any promise of reward or leniency as an inducement for the eligible
employee to answer any questions.
The eligible employee shall be notified,in writing,of the disposition of any investigation,
including a disposition of each allegation,and the action to be administered,if applicable.If
the eligible employee has not been informed regarding the disposition of any investigation
within sixty(60)calendar days after the investigative interview with the employee accused
of misconduct,the eligible employee may request a status report from the SLCFD's FIR
Consultant of the investigation and any disposition of charges. Within seven(7)calendar
days after receiving the request,the City shall inform the eligible employee of the status of
the investigation and the likely time required to resolve the charges.
B. Pre-Determination Hearing
The pre-determination process shall provide,at a minimum,the following procedural
safeguards:
• The eligible employee's right to have representation as stated in Article 4.
• Prior to any pre-determination hearing,the eligible employee and his/her
representative will be afforded a reasonable opportunity to examine the
evidence being relied upon by the City;
- The eligible employee will be provided with a notice of the allegations,a
statement of the grounds for the allegations and the evidence relied upon;and
• The eligible employee shall be afforded an opportunity to respond to the
allegations.
LOCAL 81 MOII Page 40
C. Remedy
No eligible employee shall be subjected to disciplinary action except upon compliance
with the procedural rights provided in this article. Any discipline administered by the
City shall be appropriate for the offense and shall take into account the eligible
employee's employment history including any rescinded discipline. The City shall apply
its rules, orders and penalties even-handedly and without discrimination.
In the event there is a finding by the Fire Chief or designee that these procedural rights
have not been substantially complied with, the disciplinary action taken shall be
rescinded.
ARTICLE 17- GRIEVANCE PROCEDURE
It is the City's and Local 81's intent to resolve grievances fairly, properly, and at the lowest
operational level possible.
A. General Rules for Grievances
The following rules apply to the three types of grievances outlined in this article.
1. The time limits set forth in this article are of the essence. The City and Local 81 or the
eligible employee may mutually agree to extend the time limits in writing.
Failure to follow the time lines as outlined shall cause the grievance to move to the next
level. The City shall accept no grievance unless it is submitted or appealed within the
time limits set forth in this article.
2. Unless otherwise provided in this MOU, time spent by eligible employees resolving
grievances is not working time and shall not be compensated. However, if any review of
a grievance is held during the eligible employee's normal working hours/shift, the
eligible employee shall not suffer a loss of compensation.
3. An eligible employee may be represented per Article 4 of this MOU.
4. An eligible employee or Local 81 Board member shall not be subjected to retaliation,
punitive action, or discrimination in any aspect of employment for the lawful exercise of
the grievance procedure.
5. Only grievances expressly provided herein shall be subject to this grievance procedure.
6. When filing a contractual grievance, Local 81 shall state the basis for the grievance,
the relevant facts, and the specific provision(s) of this MOU which Local
81 claims the City violated. No new claims may be made by Local 81 once the
grievance has been filed except upon discovery of additional evidence relating to the
grievance.
7. When filing a disciplinary or policy/procedure grievance, the eligible employee shall
state the basis for the grievance. No new basis for appeal may be made by the eligible
employee except upon discovery of additional evidence relating to the grievance.
LOCAL 81 MOU Page 41
8. Such additional evidence discovered in subparagraphs 6 and 7 above, shall be
communicated to the City as soon as possible upon discovery. If the additional evidence
is conveyed to the City within ten (10) calendar days from a scheduled hearing date, the
hearing date shall be continued for at least fifteen (15) calendar days.
9. In a disciplinary appeal, the eligible employee and his/her representative shall have a
reasonable opportunity to review all evidence being relied upon by the City prior to
any grievance hearing or meeting. Any evidence not provided to the eligible
employee for reasons of confidentiality or otherwise cannot be used in a grievance
proceeding.
10. In a disciplinary grievance hearing or meeting, the eligible employee and his/her
representative shall have the right to question the City's witnesses, call witnesses in
his/her own behalf, and to give rebuttal evidence.
11. In the event that a grievance may reasonably be filed under either Section C or
Section D herein or it is unclear as to which Section is appropriate, Local 81 may file
a notice as provided for herein under either Section C or Section D and then seek
a determination from the Mayor's Designee as to the appropriate Section under which
such grievance shall be handled. Pending such determination the deadlines imposed
in this Article shall be tolled.
B. Disciplinary Grievance
Discipline subject to the disciplinary grievance procedure provided by this
Article includes denial or postponement of a merit increase or suspension
without pay of twenty four(24) hours or less.
The procedural steps for resolution of a disciplinary grievance shall be as follows.
Step 1 An eligible employee may appeal a denial or postponement of a merit increase, or
suspension without pay of twenty four (24) hours or less by filing a written
request for appeal with the Fire Chief within ten (10) calendar days from the date
the employee receives the discipline. The Fire Chief shall meet with the eligible
employee regarding the appeal and may conduct additional meetings or an
investigation to resolve the appeal. The Fire Chief shall have thirty (30) calendar
days after receiving the appeal to provide the employee a written decision. In the
absence of an appeal the Fire Chiefs decision shall be final and binding.
Step 2 If the grievance is not resolved at Step 1, an eligible employee may, within ten
(10) calendar days from the Fire Chief's written decision, appeal to an
independent hearing officer. An eligible employee must file his or her appeal in
the Office of the City Recorder within the time required. The City and employee
shall mutually agree on the selection of the Hearing Officer. The City and Local
81 agree to develop a process to select independent hearing officers. Such officers
may or may not be full time City employees. The decision of the Hearing
LOCAL 81 MOU Page 42
Officer shall be final and binding on the aggrieved employee,Local 81 and the
City. The Hearing Officer's fees and expenses and any associated cost shall be
paid by the party not prevailing in the hearing. The Hearing Officer shall
designate the party not prevailing.
Appeals of discipline taken by SLCFD resulting in a suspension of more than twenty
four (24) hours, demotion, or termination must be undertaken as provided by state
statute,City Code,and Civil Service Commission Rules and Regulations(or the Rules
of any replacement of the Civil Service Commission established by City Code).
C. Policy/Procedure Grievance
A Policy/Procedure grievance is defined as an alleged violation of a specific provision of
the City or SLCFD policies and procedures. An eligible employee(s)who believes that
he or she has received inequitable treatment because of an alleged violation of a specific
provision of SLCFD policy or procedure may,personally,or through representatives,
utilize the grievance procedure outlined herein.
The procedural steps for resolution of a Policy/Procedure grievance shall be as follows:
1. Pre-Grievance Procedure&Notice
Prior to the filing of a formal grievance and within thirty(30)calendar days of the
event giving rise to the potential grievance or thirty(30)days after the eligible
employee should reasonably have leamed of the event giving rise to the potential
grievance,whichever is later,the eligible employee must file,in writing,a notice
as to the nature of the potential grievance including the specific policy or
procedure violated and the facts relevant to the alleged violation.Such notice
shall be filed with the Battalion Chief or appropriate Division Chief. The
Battalion Chief or Division Chief receiving the notice shall refer the matter to an
ad-hoc committee consisting of: 1)a Battalion Chief or Division Chief from a
division or platoon other than the one in which the alleged violation occurred,as
appointed by the Fire Chief;2)a representative designated by Local 81;and 3)a
representative designated by City Human Resource department. This ad-hoc
review committee shall review the notice and provide,within twenty(20)
calendar days,a nonbinding recommendation to the Labor Management
Committee as to the merits of the grievance.The review committee need not
agree or reach a majority opinion and each member will have the option to submit
individual recommendations to the Labor Management Committee. The Labor
Management Committee shall then review the original notice and review
committee's recommendation(s)at its next available meeting and address the
merits thereof. The Labor Management Committee will provide a written notice
to the eligible employee of its review and the remedy,if any,taken as a result of
the employee's filing of notification. If the eligible employee is dissatisfied with
the Labor Management Committee's explanation or resolution,the employee may
proceed to Step 1 of the formal grievance procedure.In the event that a formal
grievance is filed under Subsection 2 below,neither the recommendation of the
LOCAL 81 MOU Page 43
ad-hoc committee or review and remedy suggested by the Labor Management
Committee shall be binding on the determination of the Step 1 or Step 2
grievance.
2. Formal Grievance
Step 1 The eligible employee shall,within thirty(30)calendar days after receipt of the
Labor Management Committee's determination under Subsection 1,file a written
grievance with the Fire Chief. Within twenty(20)calendar days after receipt of
the written appeal,the Chief or designee shall answer the grievance in writing.
Step 2 If the grievance is not settled at Step 1,the eligible employee may,within fifteen
(15)calendar days after receiving the Chiefs or designee's decision,present the
grievance to the Mayor or his/her designee for review,investigation,and final
decision. The Mayor or his/her designee shall submit a written decision to the
Fire Chief and the eligible employee within thirty(30)calendar days following
receipt of the grievance. The decision of the Mayor or his/her designee is final
and binding.
D. Contractual Grievance
A contractual grievance is an allegation by Local 81 that the City or SLCFD has
violated an express provision of this MOU,provided however,that Article 1,
"AUTHORITY";Article 2.A,"MANAGEMENT RIGHTS AND DECLARATION;
Article 16,"PROCEDURAL RIGHTS";Article 22,"TERM OF MEMORANDUM";
Article 23,"LIMITATION OF PROVISIONS";Article 24,"WAIVER CLAUSE";and
Article 25,"SAVINGS CLAUSE"of this MOU shall not be subject to the contractual
grievance procedure.
A contractual grievance shall be confined exclusively to the interpretation and/or
application of the express provisions of this MOU except for the articles described above.
A contractual grievance shall not include disciplinary grievances or claims that
procedures in Article 16 were violated.
The procedural steps for resolution of a contractual grievance shall be as follows:
1. Pre-Grievance Procedure
Prior to the filing of a formal contractual grievance and within thirty(30)calendar
days of the event giving rise to the grievance or thirty(30)days after Local 81
should reasonably have learned of the event giving rise to the grievance,
whichever is later,Local 81 must file,in writing,a notice as to the nature of the
grievance including the specific contractual provision violated and the facts
relevant to the alleged violation.Such notice shall be filed with the Fire Chief.
The Labor Management Committee shall then meet at its next available meeting
in an effort to resolve the contractual grievance. If Local 81 is dissatisfied with
the outcome of the matter with the Labor Management Committee,Local
81 may proceed to Step 1 of the formal grievance procedure.
LOCAL 81 MOU Page 44
2. Formal Grievance
Step 1 Local 81 may,within thirty(30)calendar days after the conclusion of the Labor
Management Committee process as provided for in Subsection 1,file a written
grievance with the Fire Chief. Within twenty(20)calendar days after receipt of
the written grievance,the Chief or designee shall answer the grievance in writing.
Step 2 If the grievance is not settled at Step 1,Local 81 may,within fifteen(15)
calendar days after receiving the Chiefs or designee's decision,present the
grievance to the Mayor's designee for review,investigation,and final decision.
The Mayor's designee shall submit a written decision to the Fire Chief and Local
81 within thirty(30)calendar days following receipt of the grievance. This
decision shall be final and binding.
ARTICLE 18-PERSONNEL FILES
An eligible employee shall have the right,upon reasonable notice,to inspect such employee's
personnel employment file for content, The SLCFD shall notify the Local 81 employees when a
document concerning their performance or conduct,whether favorable or not,is sent to the
Human Resources Division for placement in an eligible employee's personnel file.
ARTICLE 19-MISCELLANEOUS POLICIES AND PROCEDURES
The City agrees to continue to furnish no-cost annual physical examinations,off-street parking at
assigned work sites,and to provide monthly sleeping linen exchange and linen laundering for all
members of Local 81.
Eligible employees who fail the Department's Task Performance Test shall be afforded adequate
time and provided with sufficient resources to correct any skill or fitness deficiencies.
ARTICLE 20-NOTICE OF POLICY CHANGE
In an effort to encourage trust and communication,the SLCFD agrees to give the Local 81
President,unless otherwise agreed upon with the Fire Chief,thirty(30)days written notice prior
to the implementation of any changes to the"Fire Department Policies and Procedures Manual."
The purpose of the notice provided herein is to solicit input from the Local 81 regarding the
written policy change. This provision shall not be construed to limit or discourage efforts of
either the Local 81 and/or the SLCFD administration to discuss additional matters of mutual
concern.
LOCAL 81 MOU Page 45
ARTICLE 21—LAYOFFS
Whenever it is necessary to reduce the number of eligible employee in SLCFD because of lack
of work or lack of funds,the City will first lay off probationary employees. If further layoffs are
necessary,eligible employees will be laid off in inverse order of departmental seniority and
rehired pursuant to the Rules established by the Salt Lake City Civil Service Commission or any
successor thereto established by City Code.
ARTICLE 22-TERM OF MEMORANDUM
This MEMORANDUM shall remain in effect from June 21,2015 through July 1,2018 with
the following exceptions:
It is understood by the parties hereto that certain provisions of this MOU cannot be implemented
by the City except upon public notice and hearing and compliance with various statutory and
legal requirements. It is in this respect agreed that provisions subject to such legal contingencies
shall take effect upon full compliance with such legal requirements.
All financial commitments by the City shall be subject to the availability of funds approved by
the City Council and the limitations on future budget commitments provided under State
Constitution and Statute.
It is understood by the City and the Local 81 that if the City Council,in its adoption of the
City's final budget for the fiscal years covered by this MOU,does not appropriate monies to
fund all wage and merit increases,the MOU shall be reopened within the(10)days after
adoption of the said fiscal year final budget.
The parties hereto may,by mutual consent,agree to amend this MOU.
ARTICLE 23-LIMITATION OF PROVISIONS
The provisions hereof shall be effective as provided herein,but subject to approval by the City
Council and the City's appropriation of funds. During the term of this MOU,it is the City's
intent to make a reasonable effort to maintain a funding level sufficient to satisfy this
understanding;however,the parties to this agreement mutually understand that emergencies or
revenue shortfalls may alter the ability of the City to satisfy this agreement. Thus,it is expressly
understood that this MOU does not bind succeeding elected officials of the City and shall not be
construed to compel the City to impose or maintain any tax or fee structure.
ARTICLE 24-WAIVER CLAUSE
The City and Local 81 expressly waive and relinquish the right,and each agrees that the other
shall not be obligated during the term of this MOU,to bargain collectively with respect to any
subject or matter whether referred to or covered in this MOU,even though each subject or matter
may not have been within the knowledge or contemplation of either or both the City and Local
81 at the time they negotiated or executed this MOU and even though such subjects or matter
were proposed and later withdrawn.
LOCAL 81 MOU Page 46
The parties further acknowledge that this MOU contains wages and benefit provisions differing
distinctly from provisions currently being offered to employees in other units of City
employment,and the parties agree to accept such wages and benefits as defined and described in
this MOU despite their lack of similarity to or parity with other memoranda,units,or employees.
ARTICLE 25-SAVINGS CLAUSE
The City and Local 81,hereto believing all the foregoing provisions to be lawful and mutually
beneficial to them in establishing their relations as employer and employee,nevertheless hereby
agree that if any part of this agreement shall be finally determined by any court of competent
jurisdiction to be invalid,such part or parts shall thereby be deemed eliminated from this MOU,
and the same in all other respects shall be and remain binding upon the City and Local 81.
In the event laws are passed by the federal government,the state,or the City which conflict with
the provisions of this MOU relating to hours or wages,the provisions of this agreement which
are in conflict therewith may be reopened for negotiations without affecting the remaining
portions of this MOU.
Further,the City and Local 81 acknowledge that an ordinance may be enacted by the City
Council during the term of this MOU to supersede the Resolution. If an ordinance is adopted
which supersedes the Resolution,the terms and conditions of the Resolution shall continue to
govern the provisions of this MOU insofar as such interpretation would not result in an act
which is expressly prohibited by the Ordinance.
In the event the subsequently adopted ordinance prohibits the implementation of the provisions of
this MOU which are interpreted according to the Resolution relating to hours and wages,said
provisions which are in conflict therewith may be reopened for negotiations without affecting the
remaining provisions of this MOU.
ARTICLE 26—REINSTATEMENT AFTER SEPARATION DUE TO INJURY OR ILLNESS
A. Interaction with Civil Service Rule
City and Local 81 agree that the following procedure will apply to the process of
reinstatement for eligible employees who have been separated from employment with the City
due to an inability to work as a result of injury or illness(a"Separated Employee"). City and
Local 81 recognize that the following procedure is different than the one currently provided
for in Rule 2-6-3 of the Salt Lake City Civil Service Commission governing reinstatement of a
Separated Employee(the"Rule). City and Local 81 agree that the following procedure will
be used either in conjunction with the Rule to guide the discretion of the Fire Chief provided
for therein or.in the event of the elimination of the Salt Lake City Civil Service Commission,
as a replacement for the process provided for in the Rule. To the extent a provision of the
following procedure directly contradicts the Rule,the Rule will govern if it is still in effect.
LOCAL 81 MOU Page 47
B. Reinstatement Requirements and Procedure
1. This procedure will be used to evaluate a Separated Employee for reinstatement
within two years of the date of injury or illness or within the time period for
reinstatement provided for in the Rule,while applicable,whichever is greater.
2. A Separated Employee on long-term disability wishing to return to work will be
required to meet the following conditions prior to this procedure being used:
a. The Separated Employee must pass a full medical evaluation,provided by the
Department,that meets the requirements of an active-duty annual physical and
certifies that the Separated Employee has sufficiently healed from the injury
or illness to return to work and fully perform the functions of the job.
b. The Separated Employee must have,to the extent able and at his or her own
expense,maintained his or her medical certification. If physically unable to
do so,the Separated Employee must recertify prior to being reinstated.
c. The Separated Employee must pass the TPT test.
d. Department will allow Separated Employee,upon request,to access or
participate in LearnFire(or other educational programming)or Continuing
Medical Education courses at the Separated Employee's expense. Department
will use good faith efforts to accommodate a Separated Employee's request to
take the TPT.
3. Upon the Separated Employee's completion of the conditions provided for herein,
the Department will grant the Separated Employee's request for reinstatement under
the following conditions:
a. Reinstatement is approved by the Fire Chief. In the event of a denial of
reinstatement,the Fire Chief must provide Local 81 with a substantive reason
for the denial and allow Local 81,on behalf of the Separated Employee,an
opportunity to respond to the Fire Chiefs determination.If,after such
response,the Fire Chief continues to deny reinstatement,Local 81,on behalf
of the Separated Employee,may take the matter to the Mayor's Office for
review and comment by the Mayor's Office. The final decision,taking into
account any feedback from the Mayor's Office,on the Separated Employee's
reinstatement to the Department will remain with the Fire Chief.
b. There must be an open position within the Department to which the Separated
Employee can return. The Department agrees to hold a position open for the
Separated Employee for six months after the date of separation unless critical
staffing needs require the position be filled or the Separated Employee,or
LOCAL 81 MOU Page 48
Local 81, expressly states that there is no expectation of reinstatement within
six months. If there is no open position at the time the Separated Employee is
eligible to return under this procedure, the Department will make good faith
efforts to place the Separated Employee once an opening occurs, including
reasonably extending the deadline provided for in sub-paragraph B.1, so long
as the Separated Employee continues to meet the other conditions provided
for in sub-paragraph B.2.
c. The reinstatement of the Separated Employee to the Department will be at the
same rank held on the date of separation.. If no such position is available
under subsection (b) above, the Separated Employee may request temporary
reinstatement to a lower rank and the procedure provided for herein will apply
to such request. Upon an opening occurring at the higher rank, the employee
will be reinstated to that position.
C. Separated Employee Not "Eligible Employee"
Nothing in the procedure provided for in this Article shall be construed to convert a Separated
Employee into, or otherwise grant the status or rights of, an "eligible employee" as defined in this
MOU or the City's Joint Bargaining Resolution.
LOCAL 81 MOU Page 49
IN WITNESS WHEREOF,the parties hereto have fixed their hands and seals the day and
year first above written.
SALT LAKE CITY CORPORATION
0/' .
By: ' • +'A:ECKER
MAYOR
ATTEST:ES 41
City Recorder RECORDED tiP-ctT\
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JUN232015 i( JT ?s+
icy: [y(t�^�11 J� •'
APPROVED AS TO FORM: CITY RECORDER `••t,,•I R,=
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46,PoRA'-' A.
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Brian F.Roberts
Senior City Attorney
LOCAL 81 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
cTfiAk
By: i i
TREVOR ALLON
PRESIDENT
By: -!/y`‘
j AL THOMETZ f—
VICE PRESIDENT
LOCAL 81 MOU Page 50
STATE OF UTAH
:ss.
COUNTY OF SALT LAKE )
On the_day of June,2015,personally appeared before meTREVOR TALLON,who being
by me duly sworn,did say that he is the President of the INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS Local 81 and VAL THOMETZ,who being duly sworn,did say that he is the Vice
President of Local 81,that both such persons executed the foregoing instrument on behalf of Local
81 by authority of the Board of Directors of Local 81 and that said instrument has been duly ratified
and approved by the membership of Local 81 and that their execution hereof constitutes a valid and
binding act on behalf of Local 81 and its membership.
NOTARY P l ' IC
Residing in Salt Lake County,Utah
My Commission Expires: Q NdU W Asti0 Ross
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LOCAL 81 MOU Page 51
APPENDIX A
BASE FISCAL YEAR 2016 WAGE SCHEDULES
Effective July 5,2015-July 2,2016
(does not include longevity)
NON-SWORN
Completed Pay Rate Hourly
Years of Annual Bi-Weekly Operations Support Monthly
Service
Equivalent Equivalent Equivalent
Entry $38,084 $1,464.78 $13.08 $18.31 $3,173.69
1* $41,014 $1,577.45 $14.08 $19.72 $3,417.81
2* $43,943 $1,690.13 $15.09 $21.13 $3,661.95
4 $46,873 $1,802.81 $16.10 $22.54 $3,906.09
6 $49,802 $1,915.48 $17.10 $23.94 $4,150.20
8 $60,935 $2,343.64 $20.93 $29.30 $5,077.89
FIREFIGHTER-EMT
Completed Annual Bi-Weekly Pay Rate Hourly Monthly
Years of Equivalent Equivalent Operations Support Equivalent
Service
Entry $40,089 $1,541.87 $13.77 $19.27 $3,340.72
1* $43,172 $1,660.48 $14.83 _ $20.76 $3,597.70
2* $46,256 $1,779.08 $15.88 $22.24 $3,854.68
4 $49,340 $1,897.69 $16.94 $23.72 $4,111.66
6 $52,424 $2,016.30 $18.00 $25.20 $4,368.64
8 $64,142 $2,466.99 $22.03 $30.84 $5,345.15
FIREFIGHTER-SPECIALIST
Completed Pay Rate Hourly
Annual Bi-Weekly Monthly
Years of Equivalent Equivalent Operations Support Equivalent
Service
Entry $42,895 $1,649.80 $14.73 $20.62 $3,574.56
1* $46,194 $1,776.71 $15.86 $22.21 $3,849.53
2* $49,494 $1,903.62 $17.00 $23.80 $4,124.50
4 $52,794 $2,030.52 $18.13 $25.38 $4,399.47
6 $56,093 $2,157.43 $19.26 $26.97 $4,674.44
8 $68,632 $2,639.69 $23.57 $33.00 $5,719.33
LOCAL 1645 MOU Page 52
FIREFIGHTER-PARAMEDIC
Completed Pay Rate Hourly
Annual Bi-Weekly Monthly
Years of Equivalent Equivalent Operations Support Equivalent
Service
Entry $46,291 _ $1,780.41 _ $15.90 $22.26 $3,857.55
1* $49,851 $1,917.36 $17.12 $23.97 $4,154.29
2* $53,412 $2,054.32 $18.34 $25.68 $4,451.03
4 $56,973 $2,191.27 $19.56 $27.39 $4,747.75
6 $60,534 $2,328.23 $20.79 $29.10 $5,044.49
8 $74,065 $2,848.65 $25.43 $35.61 $6,172.08
CAPTAIN
Completed Pay Rate Hourly
Annual Bi-Weekly Monthly
Time at Equivalent Equivalent Operations Support Equivalent
Position
Entry $76,892 $2,957.39 $26.41 $36.97 $6,407.67
6 months $83,974 $3,229.78 $28.84 $40.37 $6,997.85
* Or completion of requirements as provided for in Article 5,whichever occurs later.
ATTACHMENT 1 - COLLECTIVE BARGAINING RESOLUTION
R 11-1
R 11-4
Resolution 15 of 2011
Collective Bargaining and Employee Representation Joint Resolution
Adopting a joint resolution recognizing Salt Lake City's existing
relationship with the American Federation of State, County and
Municipal Employees, Local 1004, AFL-CIO ("AFSCME"); the
International Association of Firefighters Local 1645, AFL-CIO
("IAFF"); and the Salt Lake Police Association, International Union of
Police Associations, Local 75, AFL-CIO ("SLPA"), authorizing the
continuation of those relationships, recognizing the role collective
bargaining plays in those relationships and establishing the guidelines
for collective bargaining.
WHEREAS, Utah law allows Salt Lake City to establish rules and regulations which are
not inconsistent with Utah law; and
WHEREAS,the residents of Salt Lake City are entitled to the orderly and uninterrupted
operations of their government; and
WHERAS, the City strives to: engage employees in training and career development;
engage employees in organizational improvements;provide a fair, respectful, cooperative, and
safe work environment; ensure accountability of employees,supervisors, and managers;
celebrate success and achievement with City employees; and support employees' work/life
balance; and
WHEREAS, discussions with employees related to the terms and conditions of their
employment will enable City management to increase productivity, fiscal stability and ensure a
high level of employee morale; and
WHEREAS, the Salt Lake City Council and the Salt Lake City Mayor agree that it is in
the best interest of Salt Lake City and its employees to allow certain groups of employees to
collectively bargain; and
'WHEREAS, collective bargaining allows Salt Lake City and its employees to jointly
promote harmonious and cooperative relationships between City government and its employees,
both collectively and individually; and
WHEREAS,the City has a history of successfully negotiating agreements relating to the
terms and conditions of employment with the American Federation of State, County and
Municipal Employees, Local 1004,AFL-CIO;the International Association of Firefighters Local
1
1645,AFL-CIO;and the Salt Lake Police Association,International Union of Police
Associations,Local 75,AFL-CIO;
WHEREAS,in February 2009,employees eligible for union representation reaffirmed
their desire to be represented through collective bargaining;and
WHEREAS,the Salt Lake City Council and the Mayor agree that this Resolution
replaces the Collective Bargaining and Employee Representation Joint Resolution dated January
13,2009,and will establish the outline of how to achieve these goals.
NOW,THEREFORE,it is hereby jointly declared by the Salt Lake City Council and the
Salt Lake City Mayor as follows:
1. DEFINITIONS. As used in this Resolution:
(a) "AFSCME"means the American Federation of State,County and
Municipal Employees,Local 1004,AFL-CIO.
(b) "CITY"means Salt Lake City,a Utah municipal corporation.
(c) "ELIGIBLE EMPLOYEE"means any person who is employed on a full
time basis by the City except for:
(1) Elected officials;
(2) An employee in the probationary period of his/her original
appointment as defined by City policy;
(3) Any"at-will"employee;
(4) Any administrator,manager or supervisor who may have direct
charge of an employee or any group of employees;
(5) Any employee who regularly performs the duty of a manager or
supervisor in direct charge of an employee or any group of
employees;
(6) Any employee assigned to the Mayor's Office,City Council's
Office,City Attorney's Office,or Human Resources;and
(7) Any employee designated by the City because the employee has
access to information relating to the City's formation,execution,
administration or review of the City's bargaining positions,the
administration of any Memorandum of Understanding,
management functions or whose position is not properly part of a
bargaining unit.
2
(d) "EMPLOYEE ORGANIZATION"means AFSCME,IAFF or SLPA.
(e) "EMPLOYER"means Salt Lake City Corporation.
(f) `EXCLUSIVE REPRESENTATIVE" or"EMPLOYEE
REPRESENTATIVE UNIT" or"CERTIFIED EMPLOYEE
ORGANIZATION"means AFSCME, IAFF or SLPA (individually
"union" and collectively"unions").
(g) "IAFF" means the International Association of Firefighters, Local 1645,
AFL-CIO.
(h) "IMPASSE"means a deadlock in negotiation between a union and the
City over any matters required to be negotiated in this Resolution, or over
the scope of the subject matter of negotiations.
(i) "LEGISLATIVE BODY"means the Salt Lalce City Council.
(j) "NEGOTIATION"means the good faith process by which the City and a
union meet to confer regarding wages, hours and other terms and
conditions of employment,and includes the obligation to sign a document
outlining the parties' agreement.
(k) "SLPA"means the Salt Lake Police Association, International Union of
Police Associations,Local 75,AFL-CIO.
(1) "STRIKE"means:
(1) The concerted failure to report for duty;
(2) The concerted absence of employees from their positions;
(3) The concerted stoppage of work;
(4) The concerted submission of resignations;
(5) The concerted abstinence, in whole or in part, by any group of
employees from the full, faithful and proper performance of the
duties of employment for the City for the purpose of inducing,
influencing, condoning or coercing a change in the terms and
conditions of employment, including sick calls, sick-outs, slow-
downs or any other concerted interference with services provided
by the City; or
3
(6) The collective concerted withholding of services or the
performance of duties by any person or persons pending the
signing of contracts, including those persons who are customarily
employed on a yearly contract basis.
(m) "TERMS AND CONDITIONS OF EMPLOYMENT"means wages,
salaries, working conditions, hours and benefits except as specifically
modified in this Resolution.
2. CITY RIGHTS AND OBLIGATIONS.
(a) The City has the exclusive right to determine the mission of each of its
departments, divisions,boards and commissions, consistent with Utah
statutes, City ordinances and the provisions of this Resolution, and to set
standards of service to be offered to the public, and to exercise control and
discretion over its organization and operation.
(b) It is the exclusive right of the City to:
(1) Hire and direct its employees;
(2) Classify its employees for compensation purposes;
(3) Take disciplinary action for proper cause;
(4) Relieve its employees from duty because of lack of work, lack of
funds, as a result of a reorganization or any other legitimate reason;
(5) Maintain the efficiency of its governmental operation;
(6) Determine the method, means and personnel by which the City's
operations are to be conducted; and
(7) Take whatever actions the City deems necessary to carry out its
responsibilities in emergency situations.
(c) The City intends to:
(1) Negotiate in good faith with the unions;
(2) Compensate its employees in a fiscally responsible manner;
(3) Provide, subject to the availability of funds:
(i) appropriate training to union officers, board members and
stewards;
4
(ii) appropriate labor management committees and processes;
and
(iii) paid time for each union's officers,board members and
stewards to conduct appropriate Labor/Management related
business.
(4) Meet and confer with a union prior to making a decision to
privatize any City function which would result in an eligible
employee losing her or his current position with the City;
(5) Meet and confer with a union prior to designating an employee as
ineligible for union representation; and
(6) Notify the appropriate union prior to reclassifying an employee's
position in a manner which makes the employee ineligible for
further union representation.
3. EMPLOYEE RIGHTS.
(a) Eligible employees have the right to form,join and participate in union
activities for the purpose of representation on all matters of employee
relations described in this Resolution.
(b) City employees have the right to refuse to join or participate in any union
activity and have the right to represent themselves individually in their
employment relations with the City.
(c) An eligible employee has the right to not participate in any and all union
activities. No union shall coerce an eligible employee into joining,
participating, assisting, supporting or in any other way contributing to the
success or operation of a union. No eligible employee shall be interfered
with,intimidated,restrained, coerced or discriminated against because of
the exercise, or refusal to exercise, any of the rights contained in this
Resolution.
(d) This Resolution shall not prevent any employee:
(1) From bringing personal concerns to City officials' attention;
(2) From acting in his/her own behalf or choosing her/his own
representative in a grievance or judicial action; or
(3) From enjoying without discrimination, all employment rights and
benefits granted by the City.
5
4. LIST OF ELIGIBLE EMPLOYEES.
The City shall annually provide each union a list of employees eligible to be
represented by that union. The City will not enter into a Memorandum of
Understanding with any union which represents or bargains for an individual who
is not on the list.
5. CITY BARGAINING TEAM; DISCUSSIONS THROUGH NEGOTIATIONS.
The Mayor will provide the unions the name of the City's chief negotiator at least
five(5)months prior to the expiration of any agreement with the union. The chief
negotiator will represent the City in all bargaining and labor negotiations pursuant
to the terms of this Resolution. All proposals and negotiations with and by the
unions shall be handled by the chief negotiator who shall report and be directly
responsible to the Mayor.
6. GOOD FAITH NEGOTIATIONS; MEMORANDUM OF UNDERSTANDING.
The City's chief negotiator and union representatives will meet to negotiate in
good faith issues related to wages, hours and other terms and conditions of
employment. The City's chief negotiator and the unions will fully consider any
proposals presented during negotiations. The City's chief negotiator and the
unions will attempt to reach an agreement on eligible employees' wages, hours
and other terms and conditions of employment prior to the submission of a budget
by the Mayor to the City Council. The City and the unions will jointly discuss
employees' compensation issues prior to negotiations in an effort to foster better
communication concerning the City's budget process,the impact that process has
on employees' compensation, and the methods of determining employees'
compensation. The City's chief negotiator and the unions will not use this
process to avoid their obligation to negotiate.
The scope of bargaining shall be restricted and shall not include those subjects
which the City has no authority to change and shall not infringe on the City's
Rights outlined in Paragraph 2 of this Resolution. Negotiations will not include
any issues already provided for by Utah law, City Ordinance, or related to the
Civil Service or Merit Systems.
If the City's chief negotiator and a union reach an agreement,they will jointly
prepare a written Memorandum of Understanding containing the terms of their
agreement. A Memorandum of Understanding is a joint recommendation which
the City's chief negotiator and the union will provide to the Mayor no later than
May 15, or at a later date in the event negotiations are reopened.
If the City's chief negotiator and a union are unable to reach agreement on a
Memorandum of Understanding,the Mayor shall recommend the City Council
6
adopt a one-year compensation plan for the affected work group and/or approve a
one-year extension of the existing Memorandum of Understanding.
If the City and a union are unable to agree on a wage schedule for a Fiscal Year
during the term of a Memorandum of Understanding,the Mayor shall recommend
the City Council implement a wage schedule for that union's eligible employees.
The Memorandum of Understanding will not be binding upon the parties, either in
whole or in part, until a majority of the members of the applicable union have
ratified the Memorandum of Understanding by a majority vote, and until the City
Council:
(a) Acts by majority vote to approve the Memorandum of Understanding;
(b) Enacts ordinances or makes other changes required to implement the
Memorandum of Understanding;
(c) Appropriates the funds required to implement the Memorandum of
Understanding which requires funding for each year of its existence.
(d) If the City Council fails to appropriate the funds required to implement a
proposed Memorandum of Understanding or wage schedule,the City
Council shall adopt a one-year compensation plan, or wage schedule for
the affected work group and/or approve a one-year extension of the
existing Memorandum of Understanding.
(e) After the execution of a Memorandum of Understanding and while the
Memorandum of Understanding is pending before the City Council for
action,neither the Recognized Employee Organization or their individual
members,nor the Mayor shall appear before the City Council or its
members,to advocate for any amendment, addition or deletion to the terms
and conditions of the Memorandum of Understanding's agreed upon
language.
(f) Each Memorandum of Understanding must contain a provision prohibiting
strikes or lock-outs. Each Memorandum of Understanding shall have a
term of at least one year. It is expressly understood that no Memoranda of
Understanding may or can bind succeeding Mayors or Councils.
(g) A Memorandum of Understanding will be enforceable when entered into
in accordance with the provisions of this Resolution. No publication of it
shall be required to make it effective.
(h) Nothing in a Memorandum of Understanding shall prevent the City and a
union from identifying and discussing issues related to the terms and
7
•
conditions of employees' employment during the term of an existing
Memorandum of Understanding.
7. CLOSED DOOR NEGOTIATIONS.
Collective bargaining meetings and negotiations between the City and unions and
any deliberations of mediators shall be considered private and may be conducted
in closed door or executive sessions, without the right of the public to be present,
if the parties to the negotiations so decide.
8. RESOLUTION OF IMPASSES.
(a) If the City's chief negotiator and a union is unable to reach an agreement
by May 15, either party may declare that an impasse exists and the matter
shall be submitted to the Mayor and the City Council for resolution.
(b) The City's chief negotiator and a union may jointly request the services of
an outside mediator. The costs associated with any outside mediator shall
be equally borne by the City and the union making the request.
(c) If the City's chief negotiator and a union reach impasse on any issue
related to compensation,the City and/or the applicable union may discuss
the issue directly with the Mayor and/or City Council.
9. PROCEDURAL RIGHTS.
The City shall have the right to promulgate rules and regulations governing union
activity, including procedures for meeting with management, use of bulletin
boards and other publicly owned facilities, and the solicitation of membership
during business hours.
10. COURT DECLARATION.
Should any court declare any provision of this Resolution void, invalid, illegal or
unconstitutional, the whole Resolution shall be deemed rescinded,repealed and of
no effect.
11. UNFAIR LABOR PRACTICES.
(a) Utah law prohibits the City, its representatives or agents from:
(1) Restraining or coercing or interfering with any employee in the
exercise of rights guaranteed under this Resolution;
(2) Discriminating against one employee organization in favor of
another employee organization;
8
(3) Discharging or otherwise discriminating against any employee
with reference to terms and conditions of employment for the
purpose of encouraging or discouraging membership, support or
participation in any labor organization or because the employee
has signed or filed an affidavit,petition or complaint, or given any
information or testimony under this Resolution;
(4) Refusing to negotiate in good faith with an Employee
Organization designated as the exclusive representative of
employees in an appropriate unit; or
(5) Locking out employees.
(b) Utah law prohibits the unions,their agents or employees, and where
appropriate, City employees from:
(1) Restraining or coercing or interfering with employees in the
exercise of the rights guaranteed under this Resolution, including
but not limited to, attempting to cause the City to discriminate
against an employee in violation of such employee's rights under
this Resolution or other applicable law;
(2) Restraining or coercing the City in the selection of a representative
for purposes of collective bargaining or the adjustment of
grievances;
(3) Refusing to negotiate in good faith with the City, if the
organization has been designated the exclusive representative of a
group of employees; or
(4) Engaging in a strike, or encouraging, aiding or abetting any City
employee to engage in any strike, which are in addition to being
prohibited, are declared to be illegal.
(c) Every union and its officers and agents shall have an affirmative duty to
take immediate, appropriate and effective affirmative action to end an
employee strike or work stoppage.
12. PETITIONS.
(a) The City Council,the Mayor,or any employee, or group of employees,
represented by AFSCME, IAFF or SLPA may file a petition alleging that
the applicable union no longer represents the interests of the employees
eligible for representation by the applicable union. The petition must
contain: i) a statement outlining the basis for the petition; ii) a declaration
9
by the person signing it that its contents are true and correct; iii)the name
of the group or groups of employees the petition seeks to remove from
representation by a union; and, iv)the signature of the person or persons
filing the petition. The original and two (2) copies of the petition shall be
filed with the City Recorder.
(b) AFSCME, IAFF or SLPA may file a petition asking the Mayor to include
a group of employees as eligible for representation by the applicable
union. The petition must contain: i)a statement outlining the basis for the
petition; ii) a declaration by the president of the union signing it that its
contents are true and correct;iii)the name of the group or groups of
employees the petition seeks to include as represented by a union; and, iv)
the signature of the president of the union filing the petition. The original
and two (2) copies of the petition shall be filed with the City Recorder.
(c) A petition under this section will only be considered if it is filed between
September 1,2013 and November 30, 2013,
13. NOTICE AND HEARING ON PETITIONS.
(a) No later than ten calendar days after the City Recorder receives a petition,
the City shall provide a copy to the union named in the petition.
(b) If the City determines that the petition meets the requirements of this
Resolution, it will require a public hearing be held to discuss the petition.
The City will provide the petitioner and the affected union at least
fourteen (14) calendar days written notice of the time and place of the
hearing.
(c) If the petition was filed by the Mayor,the City Council, or designated
representative, may conduct a prehearing conference with the petitioner
and the affected union prior to a hearing in order to clarify any issues to be
addressed at the hearing and to set a date for the public hearing on the
petition.
(d) If the petition was filed by the City Council,the Mayor, or designated
representative, may conduct a prehearing conference with the petitioner
and the affected union prior to a hearing in order to clarify any issues to be
addressed at the hearing and to set a date for the public hearing on the
petition.
(e) If the petition was filed by an employee or group of employees,the
Mayor, or designated representative, may conduct a prehearing conference
with the petitioner(s)and the affected union prior to a hearing in order to
clarify any issues to be addressed at the hearing and to set a date for the
public hearing on the petition.
10
(f) Any hearing held pursuant to this Resolution will be limited to the issues
outlined in the petition.
(g) The City Council or the Mayor may determine majority representation
status by holding a vote of the employees eligible to be represented by the
applicable union or the group of employees impacted by the petition,
(h) The City Council or the Mayor shall issue a written decision addressing
each issue raised in the petition and the basis for the decision no later than
30 calendar days after the public hearing on the petition.
14. TERM.
Prior to March 31,2014,the Mayor or designee and the unions shall meet and
confer to discuss any modifications to the Resolution's terms and jointly report
the results of such meeting to the City Council no later than April 1,2014.
Passed by the City Council of Salt Lake City,Utah,this 22 day of
March ,2011.
vv
Jill Love
CHAIR
ATTEST:
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1.6
Transmitted to Mayor on the 29 day of Mare ,2011.
Ral B c
Mayor
ATTEST:
p
T O R
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APPROVED AS TO FORM:
enterAttorney
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FIB_ATTY-813163-v8.2o 100603_Revised_Co I lective_Bargain in g_Resolut ion.DOC
12
ATTACHMENT 2 - FOUR-HANDED STAFFING
EXECUTIVE ORDER
EXECUTIVE ORDER
Four Handed Staffing
RESPONSIBLE CITY AGENCY: Fire Department
KEYWORDS: Fire Department,Combat Crews,Vacation/Holiday Buy Back program
Preface
Salt Lake City receives professional,safe and effective emergency services. Deploying
four firefighters per engine or truck enhances those services while increasing the safety of
the firefighters providing those services. •
Therefore,I enact this Executive Order:
1. General
1.1 The City has created a Vacation/Holiday Buy Back program within the Fire
Department to provide staffing of four firefighters per engine or truck to the extent
possible. The Fire Chief shall maintain the V acation/Holiday Buy Back program as one
of the highest budget priorities of the Fire Department and shall manage the Fire
Department budget with a goal of adequately funding that program.
1.2 The Fire Chief shall solicit volunteers from the Vacation/Holiday Buy Back
program when staffing levels would otherwise be reduced.The Fire Chief may solicit
other Department employees to provide staffing of four firefighters per engine or truck.
1.3 Fire Department personnel working either under the Vacation/Holiday Buy Back
program or otherwise off the employee roster shall be compensated as required by City
ordinance or by any memorandum of understanding between the City and Local 1645 of
the International Association of Firefighters.
CURRENT REFERENCES:None
EFFECTIVE DATE:June 19,2002
TJ a
IPFECTIVE DATE OF CURRENT REVISION(Date signed by Mayor): dune— ,
2009
EFFECTIVE DATE: Ju� 1 ,2009
Mayor's Signature: i- " � ` Date: Y69,„9
,.I
HId A'ITY_58925_vI_I'0ur_Ilai,dvd SttaffneF>:ec tivc Orden (6-09)
1