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114 of 1986 - Memorandum of Understanding with The International Association of Firefighters Local 1645 R 86-1 C 86-322 RESOLUI' ION NO. 114 OF 1986 AUTHORIZING THE EXECUTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN SALT LAKE CITY CORPORATION AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1645 WHEREAS, Section 9( c) of the Salt Lake City Third Amended Labor Bargaining Resolution dated April 10, 1984, provides that no collective bargaining Memorandum of Understanding shall be effective until the legislative body of the Salt Lake City Corporation, hereinafter referred to as the "City" , approves said Memorandum of Understanding , enacts implementing legislation, and appropriates all required funds ; and WHEREAS, Section 25-1-1 .1 of the Revised Ordinances of Salt Lake City states in part " . . . [d] uring the period commencing July 1 , 1986 and ending August 31 , 1986, the terms and conditions of a Memorandum of Understanding between Salt Lake City and the International Association of Firefighters dated April 2, 1985 and on file with the City Recorder' s office . . . are adopted and shall be the compensation, working conditions and benefits of the City employees who are within the units and are covered by the referenced [Memorandum of Understanding] " . . . The provisions herein shall be effective until August 31, 1986 unless amended by ratification of a Memorandum of Understanding between the City and the recognized employee bargaining units" ; and WHEREAS, a Memorandum of Understanding between the City and the International Association of Firefighters Local 1645 has been negotiated , a copy of which is attached hereto; and WHEREAS, the Salt Lake City Council has appropriated necessary funds required to implement the provisions of the Memorandum of Understanding for fiscal year 1986-87; and WHEREAS, the provisions of the Memorandum of Understanding relate solely to the current budget year and the availability of funds therefor ; and WHEREAS, based upon the foregoing , the City Council desires to hereby evidence its approval of the Memorandum of Understanding; THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah : 1 . It does hereby approve the attached Memorandum of Understanding between the City and the International Association of Firefighters Local 1645. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is hereby authorized to execute the said Memorandum of Understanding on behalf of Salt Lake City Corporation and to act in accordance with its terms . Passed by the City Council of Salt Lake City , Utah, this 2nd day of September, 1986. SALT LAKE CITY CORPORATION By CHAIRMAN ,' -2- ATTEST: 2 C R ER cc1241 -3- kPbi,aAW44Nv MEMORANDUM OF UNDERSTANDING l ��t IiL�'. _ A MEMORANDUM OF UNDERSTANDING, entered into this First day of September , 1986, by SALT LAKE CITY CORPORATION, ( "CITY" ) , and Local 1645 of the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, _ ( "UNION" ) , W I T N E S S E T H: WHEREAS, the CITY had endorsed the practices and procedures of collective bargaining specified in its collective- bargaining resolution of November 16, 1977, as amended on April 10 , 1984, (hereinafter referred to as "RESOLUTION" ) , as a fair and orderly way of conducting its relations with its employees insofar as such practices and procedures are appropriate to the functions and obligations of the CITY and retains the right effectively to operate in a responsible and efficient manner, consistent with the paramount interests of the CITY; and GYH> .,_t,-jthe parties recognize that this Memorandum of Understanding;"" 'MEMORANDUM" ) , does not modify any of the discretionary authority vested in the CITY by the Constitution and Statutes of the State of Utah, thy.- dy-:off = developed thereunder or under its Ordinances or collective-bargaining resolutions, and its provisions are limited strictly to the authority so granted; and WHEREAS, it is the intention of the parties to this agreement to negotiate, where not otherwise mandated by Statute or Ordinance, for the salary structure, fringe benefits and employment conditions of the employees in the CITY ' s Fire Unit ( "UNIT" ) to prevent interruptions to work and promote the efficient operation of the CITY, and to provide an orderly and prompt method of handling and processing grievances . NOW, THEREFORE, the parties hereto declare their mutual understandings as follows: R t t ARTICLE I RECOGNITION The CITY recognizes the UNION as the exclusive bargaining agent pursuant to the CITY ' s Collective Bargaining Resolution for the purpose of negotiating salaries, wages , hours and other conditions of employment for employees in the CITY ' s UNIT, consisting of all full-time, permanent employees within the CITY ' s pay classification 400 series, as determined by the RESOLUTION. The UNION may also bargain on non-economic issues on behalf of Fire Captains, Lieutenants, and Arson Investigators under conditions established by the City Council . Rights of the employees ' bargaining agent by recognition and by this MEMORAN- DUM shall remain in effect subject to the terms and conditions of the RESOLUTION. If the subject matter of any amendment to the Resolution would effect a change in this Memorandum of Understanding, the UNION shall have the right to be heard before final action is taken on such an amendment . ARTICLE II RIGHTS AKTD OBLIGATIONS A. MANAGEMENT RIGHTS The CITY rights to manage all phases of its operations and to direct the working__. forces except as specifically modified, curtailed, delegated, or relinquished under the terms of this MEMORANDUM. B. NO-STRIKE CLAUSE Neither the UNION nor any employee of the UNIT shall promote, sponsor , or engage in, or encourage, directly or indirectly, by action or inaction, any strike, slowdown, interruption of operations, stoppage of work , absence from work upon any pretext or excuse, sympathy strike, sick-out, withholding of services , interferences with services provided by the CITY, or any other interruption of the CITY' s operations, and will use all efforts to induce all employees covered by this MEMORANDUM to comply with this clause. The CITY will not lock out any employees during the term of this MEMORANDUM as a result of a labor dispute with the UNION. ARTICLE III DUES DEDUCTION The CITY agrees to deduct once each month UNION membership dues from the pay of those employees who individually request in writing that such deductions be made and to forward all collected monies to the UNION on a monthly basis . The CITY further agrees to cease deduction of such fees upon written request by the employee. - The UNION shall certify to the CITY in writing the current rate of membership dues . The CITY will be notified of any change in the rate of membership dues thirty ( 30 ) days prior to the effective date of such change. ARTICLE IV UP.GE SCHEDULE UNIT employees shall be paid semimonthly, under the wage schedule attached hereto as Exhibit -"A" . ARTICLE V `- s--:--HOURS OF SERVICE AND OVERTIME - A. HOURS OF SERVICE _ Forty hours shall constitute a normal work week and eight hours a normal work day for all UNIT employees except combat division personnel . Only work in excess of forty hours per week shall be considered as overtime work . In case of emergency or whenever public interest demands, an employee may be required to perform overtime work by the department head. The foregoing notwithstanding, employees regularly assigned to duty in the combat division shall perform their work during duty shifts each consisting of 24 consecutive hours on duty at assigned employment locations; however, members off duty shall be subject to call at any time in cases of emergency. Both parties agree that the 56-hour week as currently worked shall not be altered without prior consultation with the UNION. This clause shall not be construed to limit or prevent the CITY from changing or establishing work shifts as the need arises or to guarantee employees forty ( 40) hours ' work per week or eight ( 8) hours ' work per day. Further , employees may exchange shifts when the change does not interfere with the operations of the Fire Department , subject to permission from the employees supervisor or district officer . S B. OVERTIME CO1,fPE1:SATION ( 1 ) Employees required to perform overtime work immediately following normal scheduled shift change shall be compensated either by pay at one-and-one- half the applicable hourly rate, or an allowance of time off from employment with pay on the basis of one-and-one-half hours off for each hour of overtime worked. No employee shall be compensated for any .period of overtime work less than one-half ( 1/2 ) hour in duration, however , compensation for the first one- half ( 1/2 ) hour worked shall be paid employees working overtime in excess of one-half ( 1/2 ) hour on a single work occasion. Compensation for overtime periods in excess of one-half ( 1/2 ) hour shall be computed on the basis of the total number of consecutive fifteen ( 15) minute periods worked by the employee on the particular-duty occasion . The CITY shall make a determination of whether to pay cash or compensatory time off . Employees may indicate a preference for form of overtime payment contingent upon approval by the Fire Chief, scheduling requirements and the availability of funds . ( 2) When time employment is allowed as compensation for overtime,such time off shall be granted within twelve ( 12 ) months f ro-�_ _-t_h, performance of overtime work . ( 3) A member of the Fire Department shall be entitled to receive overtime compensation under subsection ( 1) of this section for a job-related court appearance made during his or her off-duty hours as a witness subpoenaed on behalf of Salt Lake City or the State of Utah or such other party as may be approved of by the CITY, provided such employee tenders to the CITY payment in a sum equal to the witness fees to which he or she is otherwise entitled. An employee may elect to receive such payment or retain the witness fee, but not both. ( 4 ) This article V.B. is subject to the limitations set forth in articles VIII .C. and XVI . herein. C. CONSTANT MANNING Notwithstanding the provisions of subsection ( 1 ) , it is recognized that in certain instances, overtime work may be the most efficient means of accomplishing municipal duties under circumstances where budgetary constraints do not permit overtime compensation in excess of regular hourly rates . Under such circumstances, the Fire Chief may accept petitions from eligible employees for overtime work on a straight-time hourly basis, under a program of "constant manning" as established by the fire Department. The acceptance of such petitions by the Chief shall be deemed a waiver of the petitioning employees' rights to overtime compensation in excess of their regular hourly rates and shall render such employees ineligible for overtime compen-sation in excess of their regular hourly entitlements,under the constant manning program. All payments for work while on "constant manning" shall be made on warrants separate from those for other fire department duty. D. CALLBACK Employees who have been released from normally scheduled work periods who have been directed to return to work by an appropriate department officer without advance notice of scheduling on a mandatory emergency callback basis, shall receive a minimum of four (4) hours' compen-sation on such occasions as they actually report to work. Combat Division employees called back shall receive compensation for callback work computed on an hourly rate based upon a forty hour (40) work creek for emergency callback work and upon a fifty-six (56) hour work week for all other overtime and callback duty. E. STANDBY Employees of the Combat Division may be required by an _- - appropriate department head or designated representative to keep themselves available for CITY service during otherwise off-duty hours and either remain at home or leave word where they can be reached for an immediate call to service. Combat Division employees required to stand by to respond to emergency situations shall receive two (2) hours' straight time pay per each 24-hour day they are on standby status. In addition thereto, each such employee shall be guaranteed a minimum four (4) hours' work or straight-time pay therefore on such occasions if they actually report to work while on standby status. F. EMERGENCY ASSIGNMENTS In the case of an emergency, employees may be assigned temporarily to perform the duties of any position in the next higher grade in the service; provided such assignment shall not be for a longer period than sixty (60) days and shall not carry an increase in salary. Upon expiration of such temporary assignment, the employee shall be restored to the position occupied at the time such temporary assignment was made. ARTICLE VI HOLIDAYS A. HOLIDAYS SPECIFIED The following days shall be recognized and observed as holidays for all full-time, permanent employees . All such employees shall receive their regular rate of pay for each of the following unworked holidays : ( 1 ) The first day of January, called New Year ' s Day; ( 2 ) The twelfth day of February, the anniversary of the birth of Abraham Lincoln; ( 3 ) The third Monday of February, observed as the anniversary of the birth of George Washington; ( 4) The last Monday of May, called Memorial Day; ( 5) The fourth day of July, called Independence Day; ( 6 ) The twenty-fourth day of July, called Pioneer Day; ( 7 ) The first Monday in September , known as LatbQ_r__jDav____ ( 8) The second Monday of October , known as Columbus Day; ( 9) The eleventh day of November , known as Veterans ' Day; ( 10) The fourth Thursday in November , known as Thanksgiving Day; and (11) The twenty-fifth day of December , called Christmas. (12 ) One personal holiday can be taken upon request of the employee at the discretion of the department head. Employees are eligible for this holiday only after satisfactorily completing their initial probationary period. B. ALTERNATIVE AND ADDITIONAL HOLIDAYS When any holiday listed above falls on Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor , or the City Council . C. HOLIDAY PORK Full-time, permanent employees required to work on a day designated for celebration of a holiday hereunder, in addition to their holiday pay, receive pay at their regular rates or compensatory time off on a straight-time basis; provided, however, that when hours worked plus designated holiday hours exceed forty (40) hours in a single work week, overtime compensation shall be granted an empleyee in addition to his or her holiday pay. For purposes of this section, hours worked shall be construed as paid time as defined under the overtime section of this MEMORANDUM. The foregoing notwithstanding, employees of the Combat Division of the Fire Department, in lieu of days off for the above-enumerated holidays, shall be granted six (6) on-duty shifts off per year to be taken at such time as approved by the Fire Chief. D. HOLIDAY PAY LIMITATION No employee shall receive in excess of any one day of holiday pay for a single holiday. All employees must work their last scheduled working day following the holiday to qualify for holiday pay or be on authorized leave. Employees terminating the day before or after a holiday shall not be compensated hereunder. ARTICLE VII VACATIONS A. VACATIONS AUTHORIZED Full-time, permanent employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the provisions of this Article . - B. VACATION SCHEDULE 1 . Commencing July 1 , 1986 , all new employees with the City will begin accruing vacation under the schedule in paragraph 4 of this section; provided that no person shall be entitled to any vacation unless such person has successfully completed their initial probationary period. 2 . Existing employees, ( those employees holding full-time positions as of June 30, 1986) , will begin accruing vacation under the schedule in paragraph 4 of this section as of July 1 , 198Z. 3 . Existing employees may choose to continue using the former vacation schedule as outlined in paragraph 5 of this section. 4 . Completed Years Days of Vacation Shifts of of Consecutive Per Year Vacation City Service Per Year 0 5 2 . 5 1 to 3 10 5 4 to 6 12 6 7 to 9 15 7 . 5 10 to 12 18 9 13 to 15 20 10 16 to 19 22 11 20 or more 25 12. 5 5. FORMER VACATION SCHEDULE a.VACATIONS FOR FIRST NINE YEARS OF EMPLOYMENT Every full-time, permanent employee shall earn vacation at the rate of 4 .00 hours of vacation per pay period; ( 6) shifts per year for Combat Division personnel, provided that no person shall be entitled to any vacation unless such person has completed at least six months of full-time employment with the CITY. b.VACATION AFTER NINTH YEAR OF CONSECUTIVE E14PLOYMENT Every employee who has completed nine ( 9 ) consecutive full years of employment with the CITY from the ninth anniversary date of employment, shall earn vacation at the rate of 5 . 66 hours of vacation per pay period. - (Eight and one-half shifts per year for Combat Division personnel . ) For the purpose of this chapter , the term "date of employment" shall mean the beginning date of employment when one was hired by the CITY on a monthly salary basis . The term "consecutive employment" shall mean employment from the date of employment to the date the employee qualified for benefits under this section without any break in service through termination, suspension, discharge or layoff . c.VACATION AFTER FOURTEENTH YEAR OF CONSECUTIVE EMPLOYMENT Every employee who has completed fourteen ( 14 ) consecutive full years of employment with the CITY, shall earn vacation at the rate of 7 . 33 hours of vacation per pay period. (Eleven shifts per year for. —Co—hat_. :.a on personnel . ) C. RULES FOR TAKING VACATION (1 ) Vacation periods may be divided into two or more separate periods as are deemed necessary by the Fire Chief or as requested by the employee and approved by the Fire Chief . ( 2) Upon permission of the Fire Chief employees may accumulate vacation ( including both earned vacation and sick leave conversion time) , according to the length of their full-time, consecutive years of employment with the CITY up to the following maximum limits : (a) After 6 months - up to 20 days (10 shifts) ; (b) After 9 years - up to 25 days ( 12-1/2 shifts ) ; (c) After 14 years - up to 30 days (15 shifts) . Any vacation earned or accrued beyond said maximum shall be deemed forfeited; provided, however, that the foregoing notwithstanding, for good cause shown, the Fire Chief, in writing and prior to a forfeiture date, may allow an employee to accumulate vacation time up to an additional maximum five ( 5) day ( 2-1/2 shift) period to be used within one year from the date permission for such extension was granted. ( 3 ) Accumulated vacation can only be used with permission of the Fire Chief or upon termination of employment with the CITY. ( 4 ) Except upon termination or purchase as provided in section G, no officer or employee shall be entitled to be paid for vacation earned but not taken. D. VACATION AND TERMINATION BENEFITS UPON TERMINATION ( 1) Every officer and employee whose employment is terminated by resignation or otherwise shall be entitled to be paid for : (a) All earned vacation time accrued, unused, unforfeited and lawfully forwarded from previous years, plus (b) A termination benefit consisting of all vacation accrued, unforfeited and unused for the year of :t e ?oyment during which the termination shall ---- r ` -- ( 2 ) However, the foregoing provis,izn ion ( 1 ) - not withstanding, no officer or employee shall be entitled to any termination benefit or payment for - -- any vacation time which has not been vested, accrued, unforfeited and unused and shall not be entitled to any payment or termination benefit: (a) Until an employee has completed at least six ( 6 ) months of full-time employment with the CITY; or (b) If any resigning officer or employee fails to give at least ten (10 ) calendar days prior written notice to his department head of his contemplated resignation. E. CASH PAYMENT OF EARNED VACATION TIME IN LIEU OF USE ( 1) The CITY may purchase up to, but not exceed, ten ( 10 ) days ( 5 shifts) of earned and accrued vacation time, to which an employee is entitled as authorized in this chapter, with the consent of said employee and upon approval of both the Fire Chief and the Mayor . I'.PITICLE VIII SICK LEIWE AED LOSPITLLIZT>_`1'IO ' BEUEFUITS A. SICK LEAVE POLIC`s' END PROCEDURES ( 1) Sick leave shall be provided for all permanent, full-time employees only, as insurance against loss of _ income when an employee is unable to perform assigned duties because of illness or injury. ( 2 ) Employees who have used less than the City average as computed December 31,each year shall be awarded three extra sick leave days ( 1. 5 shifts ) as of January 1, of the year after . ( 3 ) Each full-time, permanent employee in the UNIT shall be entitled to 12 days each calendar year, except members of the Combat Division who shall be entitled to six on-duty shifts of sick leave each calendar year . Sick leave will be granted in a lump sum ( 12 days or six ( 6 ) on-duty shifts ) during the first month of each calendar year . Sick leave will be granted on this basis if, for the prior year , the -- UNIT ' s average = cave does not exceed the CITY S average sick leave--.--�Tf3�-the UNIT' S average sick leave exceeds the CITY ' S average sick leave, then sick -- -- leave will be granted on a month-to-month basis._-.-= --- UNIT members 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 on a one-day or 1/2 on-duty shift basis per month. January 12 days 6 on duty shifts February 11 days 5 1/2 on duty shifts March 10 days 5 on duty shifts April 9 days 4 1/2 on duty shifts May 8 days 4 on duty shifts June 7 days 3 1/2 on duty shifts July 6 days 3 on duty shifts August 5 days 2 1/2 on duty shifts September 4 days 2 on duty shifts October 3 days 1 1/2 on duty shifts November 2 days 1 on duty shift December 1 day 1/2 on duty shift ( 4) No employee of the CITY shall be entitled to the foregoing sick leave, until such person has completed at least six ( 6) months of continuous employment with the CITY. ( 5) Employees absent from work on account of illness or injury shall report intended absence to their department head or supervisor as soon as practical , but no later than ( 1 ) hour prior to the beginning of the employee ' s duty shift, unless justified by emergency circumstances. Combat Division personnel shall notify their station officer of any such intended absence. All other UNIT employees shall notify their immediate supervisor or Battalion Chief . ( 6 ) Sick leave in ex-cess of two days (or one on-duty shift in the case of Combat Division personnel ) for any one illness shall be documented by a written certification from a health department nurse or a licensed practicing and attending physician, that during the period of leave the absent officer or employee was prevented by illness from discharging the duties required by his office or position of employment . Such certification shall be on a form approved by the Fire Chief �,,,hich may require a detailed and specific verification by the physician and the employee of the particular job duties which the employee is unable to perform. Such certification shall also be required of any employee claiming sick leave benefits for an absence not reported in compliance with subae.c,tign ( 4 ) hereof or at such other times at clhicrr fication is requested by a supervisor or department head. Medical certifications shall be obtained at the -_ employee ' s sole expense. (7) Disciplinary action may be taken for abuse or neglect of sick leave privileges or procedures, except where the officer or employee demonstrates justifiable excuse to his or her supervisor . ( 8) Employees failing to comply fully with the requirements of this section or with the rules and regulations of the department, or executive orders relating thereto, shall not be entitled to sick leave benefits. B. ACCUMULATION OF SICK LEAVE Authorized unused sick leave may be accumulated from year to year . C. OVERTIME COMPENSATION Scheduled work days for which an employee is absent due to illness and on sick leave as provided for hereunder, shall be construed as normal work days for the purposes of computing such employees ' overtime compensation under Article VI of this MEMORANDUM; but shall not be construed as normal work hours for the purposes of computing such employee ' s overtime compensation pursuant to Article V.B. D. SICK LEAVE CONVERSION TO VACATION TIME Any employee, other than a member of the Combat Division, who has accumulated to his credit thirty ( 30) sick leave days and any member of the Combat Division who has accumulated fifteen ( 15) shifts under the provisions of - Section A of this Article, may choose to convert a portion of the yearly sick leave grant- for any given year to vacation under and subject to the following provisions : Number of Sick leave Days Number of Sick leave Days or Shifts Used During or Shifts Available for Previous Calendar Year Conversion No days 5 days 1 day 4 days 2 days 3 days 3 days 2 days 4 days 1 day 5 or more days No days No shifts 2-1/2 shifts �+ 1 shift 2 shifts 2 shifts 1-1/2 shifts 3 shifts 1 shift 4 shifts 1/2 shift 5 or more shifts No shifts Such converted sick leave days shall be permitted as vacation days in addition to any other vacation award to which said employee is entitled under the provisions of this Article. E. SICK LEAVE CREDIT FOR? ARD The balance of the sick leave days not converted to vacation days as permitted above, less the number of days used during that calendar year as sick leave days , shall be carried forward as accumulated sick leave days . F. NOTIFICATION OF ELECTION Any election by an employee to convert any sick leave to vacation time must be made by notifying the Personnel Department of the CITY, in writing, on or before January 31, of each year; otherwise, no conversion will be allowed for that calendar year and such conversion privilege shall be deemed waived for that calendar year . In no event shall sick leave days be converted for other than the immediately preceding year ' s sick leave allocation. G. PRESUMPTION OF USE Any sick leave days properly converted to vacation benefits as above described, shall be deemed to be taken prior to any other days of vacation time to which the employee- is entitled; provided, however , that in no event shall an employee be paid for converted sick leave days upon termination. Any sick leave days converted to vacation days remaining unused at the date of termina- tion or retirement shall be forfeited by the CITY employee . H. RETIREMENT BENEFITS In addition to the sick leave conversion privilege to vacation days above described, at retirement an employee (or his estate, where death follows retirement but precedes payment) shall be eligible to a retirement benefit as stipulated in Executive Order 3 . 11 . 300 and Special Orders approved by the Mayor . Persons who retire under the eligibility requirements of the Utah State Retirement System with from 10 to 19 cumulative years of Y service in the Fire Department and are not eligible under the above referenced order shall be paid in cash, at —then current pay scale, a sum equal to their daily rate of pay for 25% of the accumulated sick leave day reserved for the benefit of said employee at the date of their retirement or 45 days ( 22. 5 shifts ) of full pay (whichever is less) . I . HOSPITALIZATION In addition to the sick leave authorized hereunder , each full-time, permanent employee in the UNIT shall be entitled to thirty ( 30 ) days hospitalization leave each calendar year, except for employees of the Combat Division who shall be entitled to fifteen ( 15 ) on-duty shifts off for hospitalization leave each calendar year, provided that such leave may be taken only if , and during the period that, such employee is actually confined to a hospital or using an outpatient or other acceptable facility with the approval of the Office of Risk Manage- ment . Employees requesting such leave shall comply with the CITY' S cost containment policy as set forth by the Office of Risk Management. J. UNAUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS J. UNF:UTHORIZED SICK LEAVE AND HOSPITAL BENEFITS An employee in the UNIT shall be entitled to receive sick leave or hospitalization leave benefits for illness , injuries, or disability resulting from accidents arising out of or in the course of 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 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, ho�,:ever , that full recovery by and reimbursement to the CITY of all its expenses associated with the employee ' s injury, including medical and leave costs, shall have the effect of revesting with the employee all sick leave and hospitalization leave entitlements exhausted as the result of such injury. K. REGULAR SALARY TO BE CONTINUED Each employee who takes authorized sick leave or authorized hospitalization leave shall continue to receive his regular salary during his absence from work for the periods set forth in this chapter . `' - - L. Oil-DUTY SHIFTS FOR COMBAT DIVISION PERSONNEL DEFINED For they p p � ,.,this MEMORANDUM, the term "on-duty shift" for members of the Combat Division shall mean a continuous 24-hour working day which shall be equal to two regular working days for other officers and employees of the CITY. M. DISABILITY COMPENSATION (1) Any full-time, permanent employee of the UNIT who is permanently and totally disabled while in the lawful discharge of his/her official duties for the CITY shall continue to receive full compensation until such employee reaches his or her normal retirement age. ( 2) For the purpose of this section, the following terms shall be defined as herein specified: a. "Disabled" means physical incapacitation resulting from traumatic bodily injury occurring as a direct and independent result of accident or criminal act. Injuries caused or contributed to by the following shall not be considered as disabilities hereunder: hernia, pregnancy, infection or disease of any type ( including mental disorders and heart disease) , or the medical or surgical treatment therefor ; reckless , negligent, illegal or immoral acts by the disabled employee or purposely self-inflicted wounds or injuries ; use of drugs or alcohol by the injured employee; or travel to or from work . b. "Full Compensation" shall mean the total monthly salary paid by the CITY to a disabled employee in the month immediately preceding the injury, excluding overtime payments,- shift differen- tials, uniform and travel allowance, witness fees, educational incentive or certification pay, and other similar such reimbursements not ordinarily included in an employee ' s base salary; provided that compensation paid under the provisions of this section shall be increased from time to time to reflect cost of living adjustments granted generally to employees of the CITY in employment positions similar to that occupied by the disabled employee at the time of injury, and reduced by any and all amounts paid as worker ' s compensation, social security disability or other retirement benefits , or any form of governmental relief whatsoever . C. "Normal retirement age" shall mean, and in no case exceed the attained normal retirement age as presently specified in Section 49-6a-8 of the Utah Firemen ' s Rat r-_ rrlkk ,t. d. "Totally disabled" shall mean that period of time during which the disabled employee is unable to perform any and every duty pertaining to his/her employment position with the CITY and is not engaged in any occupation or employment for wage or profit. ( 3 ) The CITY at its own expense shall have the right and opportunity to examine the person of any employee when and as often as it may reasonably require during employment with the CITY and during the pendency of a disability hereunder . No employee refusing such examination shall be eligible for the benefits provided by this section. ( 4 ) Refusal to submit to treatment for disabilities shall be grounds for termination of compensation specified hereunder . ( 5) When any injury for which compensation is payable under this section shall be caused by wrongful act or neglect of another employee of the CITY or person not in such employment, the CITY may require an employee claiming compensation hereunder as a condition of receipt of such compensation, to assign to the CITY any action for damage against such third person such injured employee may have. ARTICLE IX LEAVES OF P_BSE1NCE Full-time, permanent employees shall be eligible for leaves of absence under the following circumstances : A. FUNERAL LEAVE ( 1 ) Time off with pay will be granted a permanent ( full- time) employee who suffers the loss of a wife, husband, child, stepchild, mother , father , stepmother , stepfather, brother, sister , father-in- law, mother-in-law, grandchild, grandfather or grandmother . In the event of death in any of these instances, employees will be paid their regular base pay for scheduled work time from the time of death throul,Qh_�the- day of the funeral;however , no such leave -� y' - _,a shall 'doe r-t)ermitted to extend more than five - ( 5 ) calendar days after the date of death. Employees will be permitted one additional da-y_-1_1.f2' t ) of funeral leave, on the day following the funeral, if the funeral or burial is held more than 150 miles distance from Salt Lake City. Satisfactory proof of such death, together with the date thereof and the date and location of the funeral and burial , must be furnished by the employees to the Fire Chief. ( 2 ) In the event of death of relatives other than those enumerated in subsection (1) , an employee will be paid time off from scheduled working hours while attending the funeral services for such person, not to exceed eight ( 8) hours. ( 3 ) In the event of death of friends, an employee may be granted time off without pay while attending the funeral services for such persons, not to exceed four ( 4 ) hours, subject to the approval of his immediate supervisor . ( 4) Time off under this Article shall not be included as time worked in the computation of overtime pay. ( 5 ) In the event the death of any member of the immediate family, as set forth in subsection (1) of this Article, occurs while an employee is on vacation, his vacation will be extended by the amount of time authorized as funeral leave under said subsection. (6) The provisions of this Article shall not be applicable to employees who are on leave of absence . B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE Every employee of the CITY who enlists in time of national emergency or is called or inducted into and . enters active service in the state militia or any branch of the federal military, naval , air or marine service - shall be entitled to absent himself from his duties and service with the CITY while engaged in the performance of active military or naval duties and while going to and returning from such duties. No such person or employee shall be subject by reason of such absence to any loss or diminution of vacation or holiday privileges nor shall he be prejudiced by reason of such absence with reference to promotion or continuance in office, employment, reap- pointment to office or re-employment . All such persons shall be entitled to re-employment by the CITY upon their return following the procedures outlined by state statute. C. LEAVE 6MILE ON ANNUAL ENCAMPMENT All employees who are or shall become members of - 'tiles organized reserves of the United States Army, Navy, Air Force and Marines or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of fifteen (days) per year spent on duty at annual encampment or rifle competition or other duties in connection with the reserve training and instruction requirements of the Army, Navy, Air Force and Marines of the United States . This leave shall be in addition to annual vacation leave. D. LEAVE FOR JURY DUTY All permanent, full-time employees shall be entitled to receive and retain statutory juror ' s fees paid for jury service in the District and Federal Courts whose jurisdictions include Salt Lake County subject to the conditions hereinafter set forth. No reduction in an employee ' s salary shall be made for absence from work resulting from such jury service for a total of seven (7) days during such employee' s term of jury service whether consecutive or not. In the event that an employee is required to serve as a juror more than seven (7) days during his term of jury service, the matter of salary reduction shall be presented to the Mayor of the CITY for his determination. On those days that an employee is required to report for jury service and is thereafter excused from such service during his regular working hours for the CITY, he shall forthwith return to and carry on his regular CITY e;::ployment . Failure to so return to work may result in disciplinary action and forfeiture of that day ' s pay for such employee . E. PARENTAL LEAVE A leave of absence may be requested by any employee of the UNIT for the folloe;ing - reasons : a . Becoming a parent through birth or adoption of newly born children. b. Due to the hospitalization of a dependent child. The following provisions apply to the use of parental leave : a. Parental leave may be granted with pay on a straight- time basis for a period not to exceed five consecutive days from the date a child commences residence with a UNIT employee or becomes hospitalized. b. The employee has accumulated any available unused sick leave. Under no circumstances shatntfi-= m�ployee be - entitled to use as parental leave more than five - --- - consecutive days . c. The employee gives notice to his/her supervisor as soon as possible under the circumstances . d. The employee provides, upon request by a supervisor, certifica-tion of birth or evidence of a child placement for adoption to his/her supervisor within five ( 5) days following termination of such leave. A letter may be requested from the treating physician in the event of hospitalization of a dependent child within five ( 5) days following termination of parental leave used for this purpose. e. An employee ' s accumulated sick leave, and sick leave conversion entitlements for the following calendar year, provided for under Article VIII of this MEMORANDUM, shall be reduced by the number of days taken by an employee as parental leave under this section. F. ADDITIONAL LEAVES OF ABSENCE Employees shall be eligible for additional leaves of absence, without compensation for health problems or other reasonable purposes, at the approval of the Fire Chief , in compliance with Civil Service Rules and Regula- tions, if applicable. Any employee who requests such leave shall be subject to the following limitations : (1) The leave request shall be for not less than 90 days. ( 2) The employee ' s seniority shall be reduced the same number of days that such leave was in effect . ( 3 ) Upon return from such leave the employee shall be reinstated after successful completion of a physical and performance review as stipulated by the Chief . ARTICLE X ADDITIONAL ALLO['.'ANCES In addition to the salaries herein provided: A. EDUCATIONAL INCENTIVE PAY Full-time, permanent employees of the UNIT, who have completed all required basic training courses and probationary periods, shall be entitled to the foll4�a _n ,,.,z monthly allowances according to the educational degree- - ' '= - held by such employees : Doctorate $100 . 00 per month Piasters 75 . 00 per month Bachelors 50 . 00 per month Associate 25 . 00 per month An 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. The foregoing notwithstanding, no employee shall be entitled to compensation under this subsection for an educational degree which qualifies the employee for his or her position of employment; or for any degree which is not specifically related to the employee ' s actual employment duties as determined by the Mayor upon recommendation of the Fire Chief. B. UNIFORM ALLOWANCE Members of the UNIT who are required to wear uniforms while in the execution of their duties with the CITY shall receive the following monthly uniform allowance: Fire Prevention Specialists : $40 . 00 per month Fire Fighters : $50. 00 per month from the date of initial hire through the sixth year of consecutive employment and no uniform allowance thereafter . Communication Specialists : $50.00 per month Such uniform allowances are provided on the condition that eligible employees maintain their uniforms through their duty shifts in reasonably good, clean, neat and pressed condition; of proper identification and insignia, not worn, frayed or unsightly, and otherwise in full compliance with applicable Fire Department regulations. Failure to maintain apparel in accordance with the above shall be grounds for disciplinary action, including forfeiture of uniform allowance provided hereunder . n Both parties agree that any uniform changes will be discussed between the UNION and the CITY before being implemented. In the event of a comprehensive change in departmental -- - _ 11 Fire Department members who are required to wear a dress uniform will, within one ( 1 ) year from the effective date of the change, convert to the new-type dress uniform. C. AUTOMOBILE ALLOWANCE Employees who are authorized to use and who do use privately owned automobiles for official CITY business shall be reimbursed for their operation expenses of said automobiles at the rate of twenty-one cents ( $ . 21 ) per mile for each mile actually traveled in official CITY business . Before payment is made to any employee pursuant to the terms of this section,the use of the automobile must be authorized by the employee 's supervisor and the mileage traveled must be verified by the head of the department involved. Verification and reimbursement shall be on forms and in the manner provided in administrative procedures, as prescribed by the City Controller or Finance Director. f% TICLE ):I 1PSURANCE 1 . The CITY will provide life, accidental death and dismemberment, health and dental insurance to all employees covered under this MEMORANDUM, upon the terms and conditions as may be from time to time determined by the CITY. 2. The CITY will maintain an Insurance Advisory Board as outlined in Executive Order 81-1 . The UNION shall have the right to appoint one person to sit as a voting member of the committee. 3 . The amount which the CITY will contribute to the UNIT employee ' s insurance during the term of this MEI40RANDUM is as follows : Medical & Dental coverage: Single $ 79 . 88/month Couple $ 119 . 84/month Family $ 150 . 16/month Life Insurance $ . 24/per $1000 of coverage/month Dependent Life $ .70/month A. D. & D. $ . 50/month 4 . The CITY will make available a consulting service which will provide consulting by an outside confidential firm for drug abuse, alcoholism, and marriage counseling. ARTICLE XII PENSION PLAN CONTRIBUTION The CITY and UNIT employees shall each pay the following respective shares of monthly retirement contributions required to be paid to the Utah State Retirement Fund. City Contribution 21 . 61% Employee Contribution 2 .0% l.�-:TICLE YIII L BOR-1-1111:AG11KENT, SAFETY AND APPRENTICESHIP A. LABOR-MANPGEl ENT COMU-4ITTEE There shall be a labor-management committee consisting of six ( 6) members; three ( 3 ) appointed by the UNION and three ( 3 ) appointed by the Fire Chief. The committee shall meet monthly to discuss any affai-rs that are of mutual concern to both parties and to deal with any grievances in accordance with Article XIV hereof . B. SAFETY COIUIITTEE It is the desire of the CITY and the UNION to maintain high standards of safety and health in the Fire Department in order to eliminate, as far as possible,accidents , death, injuries and illness in the Fire service. There shall be a health and safety committee consisting of six ( 6 ) members; three ( 3 ) appointed by the UNION and three ( 3) appointed by the CITY. Tjig _ committee shall meet monthly as required to conduct -its business. It shall be the responsibility of the health and safety committee to evaluate accidents,and make recommendations to the-,_ChiEf_ r,,t -e_thods and means of reducing illnesses, injuries and accidents through prevention, education, and improved safety practices. Safety committee members may be granted time off with pay when meeting jointly with management and for any joint labor-management inspection or investigation of safety or health problems in the Fire Department. C. APPRENTICESHIP COMMITTEE There shall be established an apprenticeship committee with composition and functions as specified under the terms of the apprenticeship program as has been approved by the CITY and the Civil Service Commission, and may from time to time be amended thereby. D. BID COMMITTEE There shall be established a bid committee with composition and functions as specified by the Fire Chief . TuRITICLE XIV CRIE'VAP CE PROCEDURE It shall be the policy of the CITY to adjust grievances of employees properly and fairly. t°Within the framework of existing laws and regulations, every reasonable effort shall be made to adjust grievances in a manner mutually satisfactory to employees and management at the lowest possible level . A grievance is defined as an alleged violation of a specific provision of the t-.Ef.ORANDUM. Any employee ( s ) who believe that they have received inequitable treatment because of an alleged violation of a specific provision of this MiEMORANDUM may, personally, or through a representative, utilize the grievance procedure outlined herein. An employee has a right to a UNION representative at all formal steps of the grievance procedure. No administrator shall discourage an employee from using the grievance procedure; however , the parties may discuss settlements of the grievance at any time. It is mutually understood that the prompt presentation, adjustment and/or answering of the grievances is desirable in the interest of sound . ix t ns between the employees and the CITY. =.. - Prompt and fair dispelY; iiHbn of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of the representatives qf- ch-_po protect and preserve the grievance procedure as an orderly means of resolving grievances . In the event employees have alleged complaints, they may submit such to the UNION grievance committee who, upon receiving such written and signed complaint, shall determine if a grievance exists. If, in their opinion, no grievance exists,no further action will be necessary. This shall not, however, preclude individual employees from the timely exercise of grievance rights provided herein. Any grievance determined to have merit by the UNION grievance committee, and not subject to Civil Service jurisdiction, shall be subject to the following formal procedure: Step l: The grievance shall be submitted in writing by the employee or the UNION to the immediate supervisor and the employee may have a representative present at time of filing The grievance shall be presented within seven (7) calendar days from the time the grievance occurs or from the time the employee could reasonably be expected to have become aware of such occurrence. Failure to provide such notice within the time specified shall void any employee ' s grievance rights provided hereunder . The supervisor shall render a decision on a grievance appropriately filed within seven (7) calendar days from the date the grievance was filed. Step 2: If no settlement is reached under Step 1 , then the grievance shall be presented in writing to the District Battalion Chief in the Combat Division or to the immediate chief officer in all other divisions or sections,_ with a copy to the Deputy Fire Chief , within s&ven ( 7 ) calendar days after Step 1. The Battalion Chief shall notify the parties concerned of the decision within seven ( 7 ) calendar days after hearing the grievance. Meetings held under Steps 2 and 3 of this procedure will normally be held within ten (10) working days after receipt of the grievance at each step; however , such time limits may be extended as circumstances require or as may be agreed upon by the parties hereto. Step 3 : If no agreement is reached under Step 2, the matter shall be referred to the Deputy Fire Chief over that division within seven ( 7 ) calendar days . The Deputy Fire Chief shall notify,- the - parties concerned of the decision within seven -H ( i j-=-ca1tndar days after hearing — -- the grievance . Step 4 : If no agreement is reached under Step 3, the matter shall be referred to the next meeting of the labor- management committee as established in Article XIV of this MEMORANDUM for their investigation, review and recommendation. Step 5: If no settlement is reached under Step 4, the grievance shall be submitted to the Fire Chief for his decision. He shall render his decision within seven (7 ) calendar days following receipt of the grievance. Such decision shall be final and binding . Grievances resulting from direct actions taken by the Chief may be taken to the Mayor or his designee for a hearing except that the procedure shall not apply to matters involving the appointment, examination and promotion of classified civil service employees or any other matters subject to the jurisdiction of hte Civil Service Commission. This procedure described herein does not preclude any person classified civil service removed from office or employment by the head of the department for misconduct, incompetency or failure to perform his or her duties or for failure to observe properly the rules of the department to appeal to the Civil Service Commission. r ARTICLE XV Pgasot r r , r-ILE.S An employee shall have the right, upon reasonable notice, to inspect such employee ' s personnel employment file for content . ARTICLE 1:VI UNION BUSII''ESS It is agreed that internal UNION business such as soliciting membership, collecting dues, electing officers, membership meetings, observing grievance proceedings and posting and distributing literature will be conducted on an employee ' s personal time and so as not to interfere with Fire Department operations, with the sole exception of the following: One UNION steward per shift shall be allowed a reasonable period during �-:orking hours to attend Ui,JION meetings or participate in other UNION business as necessary up to a maximum of one ( 1 ) hour meeting per month for each such steward, unless otherwise approved by the Fire Chief. Notice of such meeting shall be to the Chief by the -- - - union president as soon as possible, but not less than twenty-four ( 24 ) hours in advance of such meeting. Employees designated as official delegates to UNION conferences and conventions shall be allowed time off, with pay, for the purpose of attending such conferences and conventions , which time off shall not exceed more than two ( 2) employees per shift nor more than a total of ten ( 10) working shifts per year of the aggregate of all such employees . Notice of such conferences shall be given to the Chief by the UNION president requesting leave hereunder as soon as possible, but no less than thirty ( 30) days prior to such conference. Time off under this clause will not be counted as work time for the purpose of computing overtime pursuant to Article V.B. In all such cases, the employees involved will obtain prior permission from the Fire Chief. ARTICLE XVII 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 washing linens as necessary for all members of the UNIT. F— TICLE ='VIII TERM OF VM, -'OP zDU1-3 This MEMORANDUM shall remain in effect through July 1, 1986 through June 30, 1987 . A. It is understood by the parties hereto -that certain provisions of this P,EP..ORANDUP1 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 . B. The parties hereto may, by mutual consent , agree to amendment to this MEMORANDUM. ARTICLE .'_IX LILITATION ON PROVISIONS The provisions hereof shall become effective subject to - approval by the City Council only to the extent that they are gable of implementation within the appropriate and established income level of the CITY, and shall not act to impose directly or indirectly any new tax structure or infringe upon the prerogatives of the Mayor or City Council to make or refrain from making an appropriation. It is expressly preserved to be understood that this MEMORANDUM may not and cannot bind succeeding elected officials of the CITY. ARTICLE XX WAIVER CLAUSE The CITY and the UNION expressly waive and relinquish the right, and each agrees that the other shall not be obligated during the term of this MEMORANDUM, to bargain collectively with respect to any subject or matter whether referred to or covered in this MEMORANDUM, even though each subject or matter may not have been within the knowledge or contemplation of either or both the CITY and the UNION at the time they negotiated or executed this MEMORANDUM and even though such subjects or matter were proposed and later withdrawn. The parties further acknowledge that this MEMORANDUM 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 despite their lack of similarity to or parity with other memoranda, units , or employees. ARTICLE nXI SAVINGS CLAUSE The CITY and th-e UNION, 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 MEMORANDUM, and the same in all other respects shall be and remain binding upon the CITY and the UNION. In the event laws are passed by the federal government , the state, or the CITY which conflict with the provisions of this MEh`.ORANDUM 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 b:EKORANDUM. a• r IN P;ITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year first above written. SALT LAKE CITY CORPORATION /.� 1j_ e/ t•�_-'.YOR PALMER A. DEPAUL I S ATTEST: P ,1 CITY"RECO 'DER KATHRY t SHALL LOCAL 1645 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - By PRESIDENT STATE OF UTAH ) ss . County of Salt Lake) On the /5 -LA- day of � �� � , 1986, personally appeared before me PALMER A. DEPAULIS and KATHRYN MARSHALL, who being by me duly sworn, did say they are the Mayor and City Recorder, respectively, of SALT LAKE CITY CORPORATION, a municipal corporation of the State of Utah,and said persons acknowledge to me that said corporation executed the same . 10 �,�� / NOTARY PUBLIC, . � ';, Residing in Salt Lake County, Utah r. ' Af j ,f ,, k t My Commission Expires : STATE OF UTAH ) County of Salt Lake) On the I �J� day of `� ��;� � � tJr- 1986 , personally appeared before me �� , who being by me duly sworn, did say that he is the President of International Association of Fire Fighters local 1645, that such person executed the foregoing instrument on behalf of said Association by authority of the Board of Directors of said Association and that said instrument has been duly ratified and approved by the membership of said Association and that their execution hereof constitutes as valid and binding acting on behalf of said Association and it ' s membership. NOTARY PUBLIC, Residing_=in-_Salt Lake County, Utah My Commission Expires : k EXHIBIT A 400 SERIES I,10NTHLY COMPENSATION SCHEDULE PAY CLASS: 400 405 410 415 STEP: A 1315 1416 1658 1380 B 1351 1455 1704 1560 C 1388 1495 1750 1740 D 1427 1536 1799 1920 E- 1466 1578 1848 2100 F 1506 1622 1899 2142 G 1547 1666 1951 2184 H 1590 1712 2005 2226 I 1634 1759 2060 2268 J 1679 1808 2117 2310 K 1725 1857 2175 2352 L 1772 1908 2235 2394 M 1821 1961 2296 2436 N 1871 2015 2359 2478 O 1923 2070 2424 2521 P 1975 2127 2491 PkRAI.EDIC: A member,- -f�,,tbe-,_Unit assigned and certified to perform as a Paramedic wl11C- e- paid in addition to the regular salary of a Firefighter the following incentive pay: Initial Certification $250 . 00 per month First Re-certification $300 . 00 per month Second Re-certification $350. 00 per month A member of the Unit certified but not assigned as a Paramedic will receive one-third of the above incentive pay. HAZ MAT, ENGINEER, INSTRUCTOR: A member of the Unit assigned and certified to perform as a specialist in one of these categories will be paid in addition to the regular salary of a Firefighter, $125. 00 per month, as incentive pay.