Entity Staff Report - 7/22/2021MEMORANDUM OF UNDERSTANDING
July 1, 2018 2021 – July June 301, 20212024
Salt Lake City Corporation
and the
International Association of Firefighters
Local 81
International Association of Firefighters
Local 81
Lisa Demmons, President
Website: www.IAFF81.org
E-mail: president@IAFF81.org
Salt Lake City Corporation
Website: www.slcgov.com
Intranet: http://slcnet
Office: (801) 535-7900
LOCAL 81 MOU
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TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING..................................................................................1
RECITALS......................................................................................................................................1
AGREEMENT.................................................................................................................................1
ARTICLE 1 – AUTHORITY..........................................................................................................1
ARTICLE 2 – RECOGNITION......................................................................................................2
ARTICLE 3 – RIGHTS AND OBLIGATIONS .............................................................................2
A. Management Rights and Declaration ......................................................................2
B. No Strike Clause ......................................................................................................2
C. No Lockout Clause ...................................................................................................2
D. Employee Rights ......................................................................................................2
E. Local 81 Rights ........................................................................................................3
F. Local 81 Business ....................................................................................................3
G. Dues Deduction .......................................................................................................4
ARTICLE 4 – REPRESENTATION...............................................................................................4
A. Local 81’s Representation Rights and Obligations .................................................4
B. Eligible Employee Representation Rights ...............................................................4
ARTICLE 5 – WAGE SCHEDULE AND LONGEVITY..............................................................5
A. Wages .......................................................................................................................5
B. Certifications ...........................................................................................................6
C. Longevity..................................................................................................................7
D. Overtime ..................................................................................................................7
E. Support Differential .................................................................................................8
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ARTICLE 6 – HOURS OF SERVICE AND OVERTIME.............................................................8
A. Hours of Service ......................................................................................................8
B. Exchange of Time ....................................................................................................8
C. Overtime Compensation ..........................................................................................8
D. Standby/On-Call ......................................................................................................9
E. Callback ...................................................................................................................9
F. Additional Support Work .........................................................................................9
G. Temporary Assignments.........................................................................................10
ARTICLE 7 – HOLIDAYS...........................................................................................................11
A. Holidays Specified .................................................................................................11
B. Alternative and Additional Holidays for Support Division ...................................11
C. Work Required on Holiday for Support Division ..................................................12
D. Holiday Payout upon Separation...........................................................................12
ARTICLE 8 – VACATIONS ........................................................................................................12
A. Vacation Authorized/Use of Vacation ...................................................................12
B. Vacation Accumulation Schedule ..........................................................................13
C. Rules for Taking Vacation .....................................................................................13
D. Vacation Benefits upon Separation .......................................................................14
ARTICLE 9 – (PLAN “A” ONLY) SICK LEAVE AND HOSPITALIZATION BENEFITS.....15
A. Sick Leave Policy and Procedures ........................................................................15
B. Accumulation of Sick Leave ...................................................................................15
C. Sick Leave Conversion to Vacation Time ..............................................................16
D. Sick Leave Credit Forward ....................................................................................16
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E. Notification of Election ..........................................................................................17
F. City Contribution ...................................................................................................17
G. Retirement Benefits ................................................................................................17
H. Hospitalization .......................................................................................................18
I. Authorized Sick Leave and Hospital Benefits ........................................................19
J. Regular Salary to be Continued ............................................................................19
K. Dependent Leave ...................................................................................................19
L. Career Incentive Leave ..........................................................................................20
M. On-Duty Shifts for Personnel Defined ...................................................................20
N. Long-Term Disability Compensation ....................................................................20
O.Point of Contact .....................................................................................................21
ARTICLE 9 – (“PLAN B” ONLY) PERSONAL LEAVE...........................................................21
A. Paid Personal Leave ..............................................................................................21
B. City Contribution ...................................................................................................22
C. Carry Over of Personal Leave ...............................................................................23
D. Conditions of Use of Paid Personal Leave ............................................................23
E. Career Enhancement Leave ...................................................................................23
F. Retirement/Layoff (RL) Benefit ..............................................................................23
G. Payment of the RL Account....................................................................................24
H. Short Term Disability Insurance ...........................................................................24
I. Termination Benefits ..............................................................................................25
J.Point of Contact .....................................................................................................25
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ARTICLE 10 – (PLAN “A” & PLAN “B”) LEAVES OF ABSENCE ........................................25
A. Bereavement Leave ................................................................................................25
B. Family Medical Leave Act (FMLA).......................................................................26
C. Eligible Employees who enter Military Service .....................................................26
D. Pay while on Military Leave ..................................................................................27
E. Leave for Jury Duty ...............................................................................................27
F. Subpoena Duty .......................................................................................................27
G. Injury Leave ...........................................................................................................28
ARTICLE 11 – ADDITIONAL ALLOWANCES........................................................................29
A. Leaves of Absence ..................................................................................................29
B. Educational Incentive Pay .....................................................................................29
C. Tuition Reimbursement ..........................................................................................29
D. Uniform Allowance ................................................................................................30
E. Mileage Allowance ................................................................................................30
ARTICLE 12 – INSURANCE.......................................................................................................31
ARTICLE 13 – PENSION PLAN CONTRIBUTION..................................................................31
ARTICLE 14 – SIGNIFICANT EXPOSURE...............................................................................31
ARTICLE 15 – STANDING COMMITTEES..............................................................................32
A. Labor Management Committee .............................................................................32
B. Safety, Wellness and Personal Protective Equipment (PPE) Committee ..............32
C. Apprenticeship Committee .....................................................................................33
D. Bid Committee .......................................................................................................33
E. EMS Committee .....................................................................................................33
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F. Engineers Committee .............................................................................................34
G. Dispatch/Communications Committees .................................................................34
H. Limitations on Participation ..................................................................................34
I. Compensation for Committee Work.......................................................................35
ARTICLE 16 – PROCEDURAL RIGHTS ...................................................................................35
A. Investigative Interview ...........................................................................................35
B. Pre-Determination Hearing...................................................................................36
C. Remedy ...................................................................................................................37
ARTICLE 17 – GRIEVANCE PROCEDURE..............................................................................37
A. General Rules for Grievances ...............................................................................37
B. Disciplinary Grievance ..........................................................................................39
C. Policy/Procedure Grievance .................................................................................39
D. Contractual Grievance ..........................................................................................41
ARTICLE 18 – PERSONNEL FILES...........................................................................................42
ARTICLE 19 – MISCELLANEOUS POLICIES AND PROCEDURES.....................................42
ARTICLE 20 – NOTICE OF POLICY CHANGE........................................................................42
ARTICLE 21 – LAYOFFS............................................................................................................42
ARTICLE 22 – TERM OF MEMORANDUM.............................................................................43
ARTICLE 23 – LIMITATION OF PROVISIONS.......................................................................43
ARTICLE 24 – WAIVER CLAUSE.............................................................................................43
ARTICLE 25 – SAVINGS CLAUSE............................................................................................44
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ARTICLE 26 – REINSTATEMENT AFTER SEPARATION DUE TO INJURY OR
ILLNESS .......................................................................................................................................44
A. Interaction with Civil Service Rule ........................................................................44
B. Reinstatement Requirements and Procedure .........................................................45
C. Separated Employee Not “Eligible Employee”.....................................................46
APPENDIX A................................................................................................................................49
BASE FISCAL YEAR 2018 WAGE SCHEDULES ........................................................49
Wage Schedule Effective July 1, 2018..................................................................49
Wage Schedule Effective December 30, 2018......................................................51
Interim Wage Schedule Effective July 1, 2018 – December 29, 2018..................53
ATTACHMENT 1 – COLLECTIVE BARGAINING RESOLUTION........................................54
ATTACHMENT 2 – FOUR-HANDED STAFFING EXECUTIVE ORDER..............................55
LOCAL 81 MOU Page 1
MEMORANDUM OF UNDERSTANDING
A MEMORANDUM OF UNDERSTANDING entered into this _____ day of July
June, 20182021, 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 (“Sworn eEmployees”), as well as Fire Logistics Coordinators and Fire
Prevention Specialists (“Non-Sworn Employees”), collectively referred to as (“Eeligible
eEmployees”) 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 employeeEligible Employees’ employment for the period July
21, 20212018 through June 30, 2024 July 1, 2021.
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 employeeEligible 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 21, 2015, 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 employeeEligible 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.
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ARTICLE 2 – RECOGNITION
The City recognizes Local 81 as the exclusive bargaining agent for full-time eligible
employeeEligible 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, OSHA 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 employeeEligible 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 MOUEligible Employees to comply with this
section.
C. No Lockout Clause
The City will not lock out any eligible employeeEligible Employees during the
MOU’s term.
D. Employee Rights
Eligible Eemployees 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 Eemployees 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 employeeEligible Employee from exercising their rights. The City and Local
81 agree they will not discriminate against any eligible employeeEligible Employee
based upon membership or non- membership in Local 81.
Except in an emergency declared pursuant to State or City law, no eligible
employeeEligible Employee will be required to perform law enforcement duties,
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except for arson investigations and fire prevention duties, or any other duty or work
normally performed by another City department.
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 employeeEligible 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 Eemployees designated as official delegates to Local 81 conferences
and conventions will receive paid time off to attend conferences and
conventions. However, not more than two eligible employeeEligible
Employees from the same shift shall attend such conferences and conventions.
•The total aggregate time off for Eligible Eemployees serving as officers or
official delegates will not exceed thirty-four (34) working shifts (or additional
shifts as approved by the Fire Chief or designee) per year. Four (4) of these
working shifts shall be for the use of an eligible employeeEligible 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.
•The total number of Eligible Eemployees taking time off to attend Local 81
meetings or otherwise participate in Local 81 business at the same time shall
not exceed six (6) Eligible Eemployees (unless the Fire Chief or the Fire
Chief’s designee expressly allows additional Eligible Eemployees to
participate).
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 employeeEligible 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.
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•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 Eligible Eemployee’s
pay when the Eligible Eemployee 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 Eligible Eemployee’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.
ARTICLE 4 – REPRESENTATION
A. Local 81’s Representation Rights and Obligations
1. Local 81 agrees to represent in good faith eligible employeeEligible
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 employeeEligible Employees’ representation.
2. No Eligible 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
Eligible Eemployee, 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. Neither City nor Local 81 representatives may delay, interfere with, nor
otherwise obstruct any City investigation conducted in compliance with the
terms and conditions of this MOU.
5. Local 81 may represent a Separated Employee (as that term is defined in
Article 26) in the process provided for in Article 26.
B. Eligible Employee Representation Rights
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1. Unless otherwise agreed upon by the parties, an eligible employeeEligible
Employee may be accompanied and assisted by up to two representatives when
subject to an investigative interview or pre-determination hearing as provided
for in Article 16, Procedural Rights. The representatives may not be a person
subject to the same investigation.
2. An eligible employeeEligible Employee’s right to representation does not
apply to regular employee evaluations.
3. An eligible employeeEligible Employee’s right to representation does not
apply to an inquiry, coaching, instruction, or direction given to an eligible
employeeEligible Employee by his or her immediate supervisor regardless of
whether the action is documented or undocumented.
4. Unless otherwise agreed upon by the parties, an eligible employeeEligible
Employee may be accompanied and assisted by up to two representatives
during any stage of the grievance process.
5. SLCFD will grant an eligible employeeEligible Employee a reasonable amount
of time to obtain representation before any disciplinary investigation without
threat of discipline or other adverse employment action.
ARTICLE 5 – WAGE SCHEDULE AND LONGEVITY
A. Wages
The Department will classify Eligible Eemployees for purposes of compensation as
one of the following:
•A Fire Logistics Coordinator. Non-Sworn eligible employee such as an
inspector, instructor, or an education specialist.
•A Fire Prevention 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.
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The City and Local 81 agree the City will use two rates of pay, either Operations Rate
or a Support Rate, to compensate eligible employeeEligible 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 1, 2018 to June 30, 2019, all eligible Sworn Eemployee pay rates for
Firefighter-EMT, Firefighter-Specialist, Firefighter-Paramedic and Fire Captain 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 Fire Prevention Specialists eligible employees will be paid on the
same schedule at a rate of ninety-five percent (95%) of the Firefighter-EMT wage rate.
Non-Sworn Employees (Fire Logistics Coordinators and Fire Prevention Specialists)
will be paid in accordance with the rates and schedule summarized in Appendix A,
provided the top rate of a Non-Sworn Fire Logistics Coordinator shall be 72.3% of a
Firefighter –EMT top 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 employeeEligible 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
employeeEligible Employee completing the requisite number of completed years of
service.
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 2019 and 2020 solely
to negotiate the wage schedule.
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In recognition of the unique challenges associated with public safety employment, the
City is committed to providing its firefighters with a competitive compensation
package that aims to the top of the market for such employment in the State of Utah.
In furtherance of that goal, subject to the limitations set forth in state law and Articles
22, 23, and 25 of this MOU, the following wage increases will be provided during the
term of this Agreement:
Effective July 2June 271, 2021 - 4%
Effective July 1, 2022 - 3%
Effective July 1, 2023 - 3%
B. Certifications
Except as otherwise noted, Certification as used in this Section shall mean that an
eligible employeeEligible 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 Eemployees will receive an additional one-hundred dollars ($100)
each month if they hold all of the applicable Certifications necessary for and
are regularly assigned to the following bid positions (or in the event the
Department determines that an eligible employeeEligible 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 32 per platoon
Haz-Mat Team:
Firefighter-Engineers not to exceed 2 per platoon
Captains not to exceed 32 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
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Captains not to exceed 3 per platoon
Engineers not to exceed 1 per platoon
C. Longevity
Eligible Eemployees will receive longevity pay based upon continuous years of service
with the City. Eligible employeeEligible Employees who have completed six (6)
continuous years of City employment will receive a monthly longevity benefit of $50
per month; eligible employeeEligible Employees who have completed ten (10)
continuous years of City employment will receive $75 per month; eligible
employeeEligible Employees who have completed sixteen (16) continuous years of
City employment will receive $100 per month; and eligible employeeEligible
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 employeeEligible 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
employeeEligible Employee during a shift period but does not include holdover work
performed immediately after the conclusion of an eligible employeeEligible
Employee’s Operations crew shift. When an eligible employeeEligible Employee is
required to hold over at the conclusion of an Operations crew shift, the eligible
employeeEligible Employee will receive a premium overtime rate twice the Operations
rate of pay for all holdover work.
For an eligible employeeEligible Employee who is regularly assigned to work other
than an Operations crew (“Support work”), the eligible employeeEligible Employees
will receive the Support Rate of pay, except that an eligible employeeEligible
Employee regularly assigned to Support work will receive one and one-half the
Operations Rate when the eligible employeeEligible 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 employeeEligible Employee will receive a premium overtime rate twice
the Operations rate of pay for all hold over work.
E. Support Differential
An eligible employeeEligible Employee designated by the Department as a
Firefighter-EMT, Firefighter-Specialist, Firefighter-Paramedic, or Captain that is
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regularly assigned Support work will receive, for hours worked in Support, a
differential wage increase equal to two percent (2%) of the employeeEligible
Employee’s base wage rate.
ARTICLE 6 – HOURS OF SERVICE AND OVERTIME
A. Hours of Service
The Fire Chief or designee may require an eligible employeeEligible Employee to
perform work beyond the eligible employeeEligible 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
employeeEligible Employees, except eligible employeeEligible Employees assigned to
the Operations Division. Two (2) consecutive 24 hour shifts shall constitute a normal
work period for eligible employeeEligible Employees regularly assigned to the
Operations Division.
B. Exchange of Time
Sworn Employees 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 Sworn Employee’s eligible employees’ supervisor. An exchange may be denied if
the proposed exchange would impair one of the Sworn Employee’s eligible
employee’s training and proficiency responsibilities.
C. Overtime Compensation
Eligible Eemployees 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 employeeEligible
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 employeeEligible
Employee shall verify that the recorded time accurately reflects the actual time
worked.
An eligible employeeEligible Employee required to perform authorized overtime work
shall be compensated by pay at one and one-half the applicable rate.
D. Standby/On-Call
Appropriate SLCFD officers may require eligible employeeEligible Employees to
keep themselves immediately available for City service during otherwise off-duty
hours. Such employeeEligible Employees shall receive the following compensation:
Eligible Eemployees shall be compensated one (1) hour of straight-time pay for each
twenty-four (24) hours or significant portion thereof for being immediately available.
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This compensation shall be in addition to any callback pay or pay for time worked the
eligible employeeEligible Employee may receive during the standby/on-call period.
The City and Local 81 understand that standby/on-call compensation under this
paragraph will not be counted as time worked for purposes of overtime compensation
but will be added to the eligible employeeEligible Employee’s regular rate of pay
when calculating any overtime compensation.
E. Callback
Eligible Eemployees 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 Eemployees 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 employeeEligible 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 employeeEligible
Employee shall be paid only for time worked. The eligible employeeEligible
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 Eemployees 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 employeeEligible 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.
G. Temporary Assignments
Sworn Employees Eligible employees may be temporarily assigned to perform duties
not normally assigned to their current position. Upon expiration of such temporary
assignment, the Sworn Employee 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
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available firefighters on duty and available for that assignment at that station. Any
Sworn Employee 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 Sworn Employee eligible employee assigned to perform duties normally assigned
to others within the group of Sworn Employeeseligible 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 Sworn Employee 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 Sworn Employee 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 Sworn Employee 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 Fifty Cents ($2.50) per hour for each hour worked.
LOCAL 81 MOU Page 12
ARTICLE 7 – HOLIDAYS
A. Holidays Specified
The following days shall be recognized and observed as holidays for all full-time
eligible employeeEligible 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
employeeEligible Employee regularly assigned to day work at the Fire
Chief’s discretion.
Eligible Eemployees 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. The number of on-duty shifts off
in lieu of holidays granted to Eligible Employees hired during the most recent calendar
year will be pro-rated according to their date of hire.
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 Eligible Eemployee, the
holiday will be observed on the preceding or following regular work day, whichever is
LOCAL 81 MOU Page 13
closest in time to the holiday listed above. An eligible employeeEligible Employee
may move a designated holiday and observe it on any day within the forty (40) hour
work week in which the designated holiday falls upon request to and express approval
by the employeeEligible 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 employeeEligible Employee in the Support Division is required
by the Department to work on a day designated as a holiday, the eligible
employeeEligible Employee will be compensated at the rate of one-and-one-half (1½)
times the employeeEligible Employee’s wage rate for hours actually worked on said
holiday.
D. Holiday Payout upon Separation
When eligible employeeEligible 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
employeeEligible 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 Eemployees 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
Eemployees 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)
LOCAL 81 MOU Page 14
hours of Operational Duty vacation shall equal sixteen (16) hours of Support
Duty vacation) and vice-versa.
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B. Vacation Accumulation Schedule
1.Eligible employeeEligible 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
employeeEligible 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 31st 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 employeeEligible Employee has completed his or her
probationary period.
2. All other eligible employeeEligible 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:
VacationNumber of Continuous Years of
Service With City Support
(in hours)
Operations
(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 December 1st 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 employeeEligible
Employee and approved by the Fire Chief or designee. The deadline by which Eligible
Eemployees must submit their selected vacation periods shall be December 31st of
each year. Unless the Fire Chief, or the Fire Chief’s designee, determines an exception
is warranted due to extenuating circumstances, Eligible Eemployees who fail to submit
their selected vacation periods by December 31st shall lose their priority status and
must select from any remaining available vacation periods.
Upon approval by the Fire Chief or designee, eligible employeeEligible Employees
may accumulate vacation (including both earned vacation and sick leave conversion
LOCAL 81 MOU Page 16
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).
Any vacation earned or accrued beyond said maximum shall be deemed forfeited on
December 31 of each calendar year. However; notwithstanding the foregoing and for
good cause shown prior to a forfeiture date, the Fire Chief or designee may allow an
eligible employeeEligible Employee to accumulate additional vacation time, which
must be used within one (1) year of the date such extension was granted, up to a
maximum amount of:
•Two and a half (2.5) shifts within a five (5) day period if the Eligible
Eemployee works in an Operations capacity; and
•Forty (40) hours within a seven (7) day period if the Eligible Eemployee
works in a Support capacity.
Except in cases of FMLA-qualifying events, accumulated vacation can only be used
with permission of the Fire Chief or designee.
Except upon separation as provided in Section D, no eligible employeeEligible
Employee shall be entitled to be paid for vacation earned but not taken.
D. Vacation Benefits upon Separation
•When eligible employeeEligible 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 employeeEligible Employees who are assigned to
Operations from the Operations rate to the Support Rate.
LOCAL 81 MOU Page 17
ARTICLE 9 – (PLAN “A” ONLY) SICK LEAVE AND HOSPITALIZATION
BENEFITS
The following apply to those eligible employeeEligible 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 employeeEligible
Employees only as insurance against loss of income when an eligible
employeeEligible Employee is unable to perform assigned duties because of
illness or injury.
2.Eligible employeeEligible 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
employeeEligible Employee’s supervisor.
3. Each eligible employeeEligible 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 employeeEligible 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 Eemployees 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 18
LOCAL 81 MOU Page 19
C. Sick Leave Conversion to Vacation Time
Any eligible employeeEligible Employee in the Operations Division who has
accumulated 15 Operations shifts under the provisions of Section B, or any eligible
employeeEligible Employee who regularly performs Support work, who has
accumulated to their credit two hundred forty (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 the Current Calendar Year
Shifts Available for Conversion
0 hours(no shifts)5 shifts
24 hours (1 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
December 31 of the Current Calendar Year
Sick Leave Days 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 employeeEligible 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 employeeEligible 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.
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.
LOCAL 81 MOU Page 20
E. Notification of Election
An eligible employeeEligible 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 last day of the
designated annual vacation draw for Operations employees.
If an eligible employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible 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 501(c)(9) 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
employeeEligible 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 employeeEligible
Employees qualifying under this paragraph.
G. Retirement Benefits
Upon an eligible employeeEligible 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 employeeEligible Employee’s accumulated, unused sick leave, to
LOCAL 81 MOU Page 21
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 employeeEligible Employee retiring between January 1 and June 30,
the City will pay to the eligible employeeEligible Employee twenty-five percent (25%)
of the cash value of the eligible employeeEligible Employee’s accumulated, unused
sick leave. For all eligible employeeEligible Employees, the value of the sick leave
will be calculated using the hourly Support Rate of pay in effect on the eligible
employeeEligible 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 employeeEligible 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 employeeEligible
Employee under Plan “A,” in addition to sick leave authorized as insurance
against loss of income when an eligible employeeEligible Employee is unable
to perform assigned duties because of scheduled surgical procedures, urgent
medical treatment, or hospital admission.
2. An eligible employeeEligible 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
employeeEligible 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 employeeEligible 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 employeeEligible Employee
may report the absence from the affected shift as hospitalization leave.
4. An eligible employeeEligible 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 employeeEligible Employee is responsible to report the
receipt of urgent medical treatment to the staffing office or supervisor as soon
LOCAL 81 MOU Page 22
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 employeeEligible 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.
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 employeeEligible Employee requesting hospitalization leave under
this section may be required to provide verification of treatment from a
competent medical practitioner.
I. Authorized Sick Leave and Hospital Benefits
An eligible employeeEligible 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 employeeEligible 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 employeeEligible Employee's injury, including medical and leave costs, shall
have the effect of re-vesting with the eligible employeeEligible Employee all sick
leave and hospitalization leave entitlements used as the result of such injury. The
eligible employeeEligible 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 employeeEligible 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 employeeEligible Employee may request Dependent Leave to care
for the eligible employeeEligible Employee’s child, spouse, or parent who is ill
or injured but may not have a serious health condition (non-FMLA-qualifying
event).
LOCAL 81 MOU Page 23
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 employeeEligible Employee to
provide information about the need for Dependent Leave.
c. An eligible employeeEligible Employee's sick leave shall be reduced by
the number of days/shifts taken by an eligible employeeEligible
Employee as Dependent Leave under this paragraph.
L. Career Incentive Leave
Eligible employeeEligible 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
employeeEligible Employee has unused Career Incentive Leave hours available. This
leave can be used for any reason. Those employeeEligible Employees working
Support may compute their accumulated hours into Operations hours for the purpose
of this Section using the 3:2 ratio.
M. On-Duty Shifts for Personnel Defined
For computation purposes of this article, the term "on-duty shift" for eligible
employeeEligible 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 employeeEligible 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.
LOCAL 81 MOU Page 24
N. Long-Term Disability Compensation
In addition to any state or federal disability plans, optional long-term disability is
available to eligible employeeEligible 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
employeeEligible Employee to obtain a medical examination when and as often as
may be reasonably necessary to determine the eligible employeeEligible Employee’s
continued eligibility. An eligible employeeEligible 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.
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 employeeEligible Employee claiming long-term disability
compensation, to assign to the City any action for damage against such person.
If an eligible employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible
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
employeeEligible Employee collect more than One Hundred percent (100%) of his or
her net wage or salary.
O.Point of Contact
The City shall designate a point of contact to whom Eligible Eemployees can ask
questions regarding the policies and procedures governing Article 8.
ARTICLE 9 – (“PLAN B” ONLY) PERSONAL LEAVE
LOCAL 81 MOU Page 25
The following apply only to those eligible employeeEligible Employees who are on
Plan “B” during the term of this Memorandum:
A. Paid Personal Leave
Paid personal leave shall be provided for eligible employeeEligible Employees as
insurance against loss of income when an eligible employeeEligible 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 employeeEligible 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 employeeEligible Employee shall be awarded, and shall immediately be
able to use, his or her personal leave on:
•2021: November 21, 2021
•2022: November 20, 2022
•2023 November 19, 2023
In each calendar year, paid personal leave hours based on the following schedule:
Months of Consecutive
City Service
Hours or Shifts of Personal Leave
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 than 24 60 Support hours for personnel who 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 employeeEligible 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 employeeEligible Employee hired between November 1 and the end of the
plan year will receive eight (8) Support hours or one-half Operations shift.
B. City Contribution
Eligible employeeEligible 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
LOCAL 81 MOU Page 26
unused by an eligible employeeEligible 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
501(c)(9) 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 employeeEligible 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 employeeEligible
Employee.
LOCAL 81 MOU Page 27
C. Carry Over of Personal Leave
Any eligible employeeEligible 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 employeeEligible
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 employeeEligible 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 and one half (1.5) hours prior to shift change except in
unforeseen or extraordinary circumstances, such as emergency or
accident, in which case the eligible employeeEligible Employee must
provide as much notice as reasonably possible.
E. Career Enhancement Leave
Eligible employeeEligible 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 Eligible Eemployee’s career
development. Selected Eligible Eemployees 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.
F. Retirement/Layoff (RL) Benefit
Eligible employeeEligible 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, 2018 to October 15,
2018 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
LOCAL 81 MOU Page 28
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 upon layoff or retirement as
follows: The eligible employeeEligible Employee shall be paid his/her hourly
rate of pay on date of termination for each hour in the eligible
employeeEligible Employee's RL account.
2. Upon an eligible employeeEligible Employee retiring between January 1 and
June 30, the City will pay to the eligible employeeEligible Employee the cash
value of the eligible employeeEligible Employee’s RL account. The value of
that contribution will be calculated using the hourly Support Rate of pay on the
eligible employeeEligible 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.
3. Upon an eligible employeeEligible Employee retiring between July 1 and
December 31, the City will pay a contribution, in the amount of the cash value
of the eligible employeeEligible Employee’s RL account, to the Eligible
Eemployee’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.
4. Hours may be withdrawn from the RL account for emergencies after personal
leave hours are exhausted, and with approval of the eligible employeeEligible
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 employeeEligible Employee’s Workers
Compensation benefits, equals the eligible employeeEligible Employee's
regular net salary. The eligible employeeEligible 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 employeeEligible Employee is
absent from work due to short term disability shall be provided to Eligible Eemployees
covered under Plan “B” through short term disability insurance (SDI). There shall be
no cost to the eligible employeeEligible 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 employeeEligible 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 employeeEligible Employee, the City may provide temporary light duty
assignments to eligible employeeEligible Employees on SDI, provided a light duty
assignment is available, and the eligible employeeEligible Employee provides proper
medical releases.
I. Termination Benefits
At termination of an eligible employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible
Employee's final paycheck.
J.Point of Contact
The City shall designate a point of contact to whom Eligible Eemployees can ask
questions regarding the policies and procedures governing Article 9.
ARTICLE 10 – (PLAN “A” & PLAN “B”) LEAVES OF ABSENCE
Full-time eligible employeeEligible 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 employeeEligible Employee or
eligible employeeEligible Employee’s spouse.
The provisions of Bereavement Leave shall not be applicable to eligible
employeeEligible Employees who are on an unpaid leave of absence.
LOCAL 81 MOU Page 30
1. Time off with pay will be granted a full-time eligible employeeEligible
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 employeeEligible 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
employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible Employees who need to be off work for certain
“family and medical” reasons. Eligible employeeEligible 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
employeeEligible 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.
C. Eligible Employees who enter Military Service
Eligible employeeEligible Employees who enter the active service of the Utah State
National Guard or in the service of a uniformed services of the United States,
LOCAL 81 MOU Page 31
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.
LOCAL 81 MOU Page 32
D. Pay while on Military Leave
Eligible employeeEligible 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 employeeEligible Employee claiming a military benefit must provide
documentation to the City demonstrating the duty.
An eligible employeeEligible 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
employeeEligible Employee will not receive any compensation for unused military
leave upon separation or retirement from the City.
E. Leave for Jury Duty
All eligible employeeEligible 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 employeeEligible 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 employeeEligible Employee's wages shall be made for absence from
scheduled work period resulting from such jury service. On those days that an eligible
employeeEligible 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
employeeEligible Employee. Eligible employeeEligible 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.
F. Subpoena Duty
If an eligible employeeEligible 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 employeeEligible 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 employeeEligible
Employee.
LOCAL 81 MOU Page 33
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 employeeEligible
Employees, under the following conditions:
1. The injury must have resulted from a documented incident while the eligible
employeeEligible Employee was on duty and performing job-related activities.
2. The eligible employeeEligible 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 employeeEligible
Employee’s net wage or salary during the period of absence due to the injury,
less all amounts paid or credited to the SLCFD employeeEligible 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 employeeEligible 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 employeeEligible 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 employeeEligible Employee is eligible for Workers
Compensation and is not receiving injury leave pursuant to this Section, said
eligible employeeEligible Employee may elect in writing to Human Resources
to use accumulated sick or personal leave or authorized vacation time to
supplement the eligible employeeEligible Employee's Workers Compensation,
not to exceed the eligible employeeEligible Employee's net wage or salary.
7. The City and Local 81 will establish a policy that is intended to return an
injured eligible employeeEligible 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 employeeEligible Employee to pursue
recovery aggressively and to return to work.
LOCAL 81 MOU Page 34
ARTICLE 11 – ADDITIONAL ALLOWANCES
A. Leaves of Absence
Eligible employeeEligible Employees may be eligible for additional leaves of absence
at the approval of the Fire Chief. Any eligible employeeEligible Employee who
requests such leave shall be subject to the following limitations:
•The leave shall be unpaid.
•Unless the leave of absence is attributable to an FMLA qualifying
event, that eligible employeeEligible Employee's seniority shall be
reduced the same number of days that such leave was in effect.
•Upon return from such leave the eligible employeeEligible 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
Sworn Eligible Employees 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 Sworn Employeeseligible
employees:
•Doctorate $100 per month
•Masters $75 per month
•Bachelors $50 per month
•Associate $35 per month
Ann Sworn Eligible Employee Employee 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.
C. Tuition Reimbursement
The Eligible Employees 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.
LOCAL 81 MOU Page 35
Notwithstanding the foregoing, all parties agree that Eligible eEmployees working in
Operations may, with the approval of the Eligible Eemployees’ Station Captain, use an
appropriate amount of time at the Station for study and other tasks related to
educational advancement provided such use of study time does not interfere with
duties and expectations the eEmployee is required to fulfill.
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 Sworn Employeeeligible employee, NFPA
approved protective outer clothing (including, but not limited to, turnouts and brush
jackets) and safety equipment that is required in the performance of his/her duties.
In addition, effective July 1st of each year covered by this MOU, each Sworn
Employee eligible employee may purchase authorized uniform, clothing, or
equipment items at a cost of up to Six Hundred Dollars ($600) per fiscal year. Sworn
Employees 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 Sworn Employees 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 Eemployees 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 quarterly,
for accounting reasons.
Before payment is made to an eligible employeeEligible Employee pursuant to the
terms of this paragraph, the Eeligible Eemployee’s supervisor must authorize the use
of the automobile and the mileage traveled must be verified by the head of the
LOCAL 81 MOU Page 36
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.
LOCAL 81 MOU Page 37
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 Eeligible
Eemployees, 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 Eligible Employee’s Nationwide Post- Employment
Health PlanReimbursement Account, as adopted by the City by contract and ordinance.
The City will contribute Six Hundred Dollars ($600) per year (prorated per eligible
employeeEligible Employee’s biweekly pay period) into each eligible
employeeEligible Employees 501(C)(9) Post Employment Health Plan account.
ARTICLE 13 – PENSION PLAN CONTRIBUTION
During the term of this MOU, for Tier I eligible employeeEligible Employees, the City
shall pay the employer’s and the eligible employeeEligible 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 employeeEligible 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 Hybrid Retirement System or the Tier 2 Defined Contribution Plan pursuant
to the eligible employeeEligible 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 employeeEligible
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 employeeEligible Employee who has been subject to significant exposure. The
City and Local 81 shall develop a training program for eligible employeeEligible
Employees and their supervisors, regarding appropriate actions when an eligible
employeeEligible Employee has a significant exposure.
LOCAL 81 MOU Page 38
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.
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
Committee shall appoint two co-chairpersons (co-chairs), one shall be a Local 81
LOCAL 81 MOU Page 39
appointee and one a Fire Chief appointee. The Committee shall elect its own
chairperson who will serve for one calendar year. A training captain shall serve as
chairperson at least every other year. 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 a Joint n Apprenticeship Training Committee (JATC) responsible for
the oversight of the SLCFD apprenticeship program, as approved by the Fire Chief.
The Committee JATC shall consist of six (6) members, three (3) appointed by the
Local 81 President, and three (3) appointed by the Fire Chief. The Committee JATC
shall appoint two co-chairs. One shall be a a chairperson, who will serve for one
calendar year, and who shall be a Local 81 appointee and one a or Fire Chief appointee
every other calendar year. The Committee JATC shall meet as needed. The
Committee JATC 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 member appointed by the Fire Chief or designee
and one eligible employeeEligible 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 Committee shall appoint two co-chairs, one appointed by Local 81 and one by the
Fire Chief. 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 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 employeeEligible Employees and all promotable positions.
The Bid Committee will meet on an annual basis beginning in January of each year
and on every April, July, and October 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
LOCAL 81 MOU Page 40
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 two co-chairs, one a chairperson who will serve for one calendar year,
and who shall be a Local 81 appointee and one who shall be appointed by the Fire
Chief. 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 at least one (1) member
appointed by the Fire Chief or designee and seven nine (97) members, six eight
Engineers (two three 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 appoint two co-chairs, one who shall be a Locdal 81 appointee and
one who shall be appointed by the Fire Chief or designee. 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 employeeEligible 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 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.
LOCAL 81 MOU Page 41
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. Members of Committees appointed by the
Local 81 may be removed by the Local 81 and members appointed by the Fire Chief
may be removed by the Fire Chief or designee.
I. Compensation for Committee Work
Time spent in committee Committee meetings or on authorized committee 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.
J. Scope of Committee Authority
The Committees referenced above are authorized to make recommendations to the
Labor Management Committee and shall have no other authority beyond that of non-
binding recommendations. All issues brought before the Committees will be
considered by the appropriate Committee whether such issue comes from a union
member or the administration.
ARTICLE 16 – PROCEDURAL RIGHTS
It is the intent of this article to provide procedural safeguards to eligible
employeeEligible Employees who are under investigation for conduct that may lead to
discipline. An eligible employeeEligible Employee’s right to representation does not
apply to an inquiry, coaching, instruction, or direction given to an eligible
employeeEligible Employee by his or her immediate supervisor regardless of whether
the action is documented or undocumented. If, during an inquiry, an eligible
employeeEligible Employee knows or believes that his or her own conduct may lead to
discipline, the Eligible Eemployee may request that the inquiry occur by investigative
interview and any further interviewing of the eligible employeeEligible Employee
concerning the matter shall be conducted pursuant to Section A below.
A. Investigative Interview
LOCAL 81 MOU Page 42
When any eligible employeeEligible 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 employeeEligible Employee accused of
misconduct, the eligible employeeEligible 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).
•The eligible employeeEligible Employee’s right to have representation
as provided in Article IV.
•The investigative interview shall specifically and narrowly focus on the
eligible employeeEligible Employee’s conduct.
LOCAL 81 MOU Page 43
A recording of the investigative interview session with the eligible employeeEligible
Employee may be made. The City, Local 81 or the eligible employeeEligible
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 employeeEligible
Employee upon request.
Persons conducting the investigation may not:
•Subject an eligible employeeEligible Employee to offensive language
or threaten disciplinary action, except an eligible employeeEligible
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 employeeEligible Employee’s conduct may result
in disciplinary action;
•Make any promise of reward or leniency as an inducement for the
eligible employeeEligible Employee to answer any questions.
The eligible employeeEligible 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 employeeEligible Employee has
not been informed regarding the disposition of any investigation within sixty (60)
calendar days after the investigative interview with the Eligible Eemployee accused of
misconduct, the eligible employeeEligible Employee may request a status report from
the SLCFD’s HR Consultant of the investigation and any disposition of charges.
Within seven (7) calendar days after receiving the request, the City shall inform the
eligible employeeEligible 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 employeeEligible Employee’s right to have representation
as stated in Article 4;
•Prior to any pre-determination hearing, the eligible employeeEligible
Employee and his/her representative will be afforded a reasonable
opportunity to examine the evidence being relied upon by the City;
•The eligible employeeEligible Employee will be provided with a notice
of the allegations, a statement of the grounds for the allegations and the
evidence relied upon;
LOCAL 81 MOU Page 44
•The eligible employeeEligible Employee shall be afforded an
opportunity to respond to the allegations; and
•The eligible employeeEligible Employee will typically be notified of
the results of the pre-determination hearing within ten (10) business
days (or by the date of their next shift on duty if they are not working
on the tenth business day). If rendering a determination will take more
than ten (10) business days, the employeeEligible Employee will be
provided written notice within the ten (10) business day period that the
determination will not be available until a later date. If rendering a
determination will take more than thirty (30) calendar days, the
employeeEligible Employee will be also be provided written notice
within the thirty (30) calendar day period that the determination will not
be available until a later date. If the eligible employeeEligible
Employee has not been informed regarding the determination of the
pre-determination hearing within sixty (60) calendar days after the pre-
determination hearing, the eligible employeeEligible Employee may
request a status report from the SLCFD’s HR Consultant regarding the
pre-determination hearing and any determination regarding the charges.
Within seven (7) calendar days after receiving the request, the City shall
inform the eligible employeeEligible Employee of the status of the
investigation and the likely time required to resolve the charges
presented at the pre-determination hearing.
C. Remedy
No eligible employeeEligible 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 employeeEligible 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.
LOCAL 81 MOU Page 45
1. The time limits set forth in this article are of the essence. The City and
Local 81 or the eligible employeeEligible Employee may mutually
agree to extend the time limits in writing. Failure by Local 81 or the
eligible employeeEligible Employee to file a grievance within the
timelines provided below shall result in the automatic withdrawal of the
grievance, unless such failure to timely file was the result of the eligible
employeeEligible Employee’s reasonable reliance on a written
representation of the City. Once a grievance has been timely filed,
failure Failure to follow the time linestimelines 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
employeeEligible Employees resolving grievances is not working time
and shall not be compensated. However, if any review of a grievance is
held during the eligible employeeEligible Employee’s normal working
hours/shift, the eligible employeeEligible Employee shall not suffer a
loss of compensation.
3. An eligible employeeEligible Employee may be represented per Article
4 of this MOU.
4. An eligible employeeEligible 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
employeeEligible Employee shall state the basis for the grievance. No
new basis for appeal may be made by the eligible employeeEligible
Employee except upon discovery of additional evidence relating to the
grievance.
8. Such additional evidence discovered in subparagraphs 6 and 7 above,
shall be communicated to the City as soon as possible upon discovery.
LOCAL 81 MOU Page 46
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 employeeEligible 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 or meeting. Any evidence not provided to the eligible
employeeEligible Employee for reasons of confidentiality or otherwise
cannot be used in a grievance proceeding.
10. In a disciplinary grievance hearing or meeting, the eligible
employeeEligible 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, written warning, or suspension
without pay of twenty four (24) hours or less.
The procedureal steps for resolution of a disciplinary grievance shall be as follows.
Step 1. Step 1 An eligible employeeEligible 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 or designee within ten
(10) calendar days from the date the employeeEligible Employee receives the
discipline. The Fire Chief or designee shall meet with the eligible employeeEligible
Employee regarding the appeal and may conduct additional meetings or an
investigation to resolve the appeal. The Step 1 meetingappeal is not intended to be a
formal hearing but rather an informal opportunity for the employeeEligible Employee
or Local 81 to present its case. No witnesses will be required to give testimony at this
meeting, however, the Eligible Employee shall be entitled to the information and rights
established in Section A.9. of this Article 17. The Fire Chief shall have thirty (30)
calendar days after receiving the appeal to provide the employeeEligible Employee a
written decision. In the absence of an appeal the Fire Chief’s decision shall be final
and binding.
LOCAL 81 MOU Page 47
Step 2 If the grievance is not resolved at Step 1, an eligible employeeEligible
Employee may, within ten (10) calendar days from the Fire Chief’s written decision,
appeal to an independent hearing officerthe Mayor’s Office. An eligible
employeeEligible 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 OfficerMayor shall be final and binding on
the aggrieved employeeEligible 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 law
and City ordinance. 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 employeeEligible
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 employeeEligible Employee should reasonably have learned of the
event giving rise to the potential grievance, whichever is later, the eligible
employeeEligible 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
LOCAL 81 MOU Page 48
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 employeeEligible Employee of its review and the remedy,
if any, taken as a result of the employeeEligible Employee’s filing of
notification. If the eligible employeeEligible Employee is dissatisfied with the
Labor Management Committee’s explanation or resolution, the
employeeEligible 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 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 employeeEligible 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 employeeEligible
Employee may, within fifteen (15) calendar days after receiving the Chief’s 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 employeeEligible
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.
LOCAL 81 MOU Page 49
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.
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 Chief’s 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 employeeEligible Employee shall have the right, upon reasonable notice,
to inspect such employeeEligible Employee’s personnel employment file for content.
The SLCFD shall notify the Local 81 employeesEligible Employee when a document
concerning their performance or conduct, whether favorable or not, is sent to the
Human Resources Division for placement in an eligible employeeEligible Employee’s
personnel file.
ARTICLE 19 – MISCELLANEOUS POLICIES AND PROCEDURES
LOCAL 81 MOU Page 50
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 employeeEligible 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.
ARTICLE 21 – LAYOFFS
Whenever it is necessary to reduce the number of eligible employeeEligible 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 employeeEligible
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 July 12, 2018 2021 through June
30July 1, 2021 2024 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.
LOCAL 81 MOU Page 51
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.
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
LOCAL 81 MOU Page 52
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 employeeEligible 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.
AB. 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
LOCAL 81 MOU Page 53
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 Target Solutions (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 Chief’s 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, 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 Separated Eemployee will be reinstated
to that position.
LOCAL 81 MOU Page 54
BC. 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 employeeEligible
Employee” as defined in this MOU or the City’s Joint Bargaining Resolution.
LOCAL 81 MOU Page 55
IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year
first above written.
SALT LAKE CITY CORPORATION
By
JACQUELINE M. BISKUPSKIERIN
MENDENHALL
Mayor
ATTEST:
CITY RECORDER
APPROVED AS TO FORM:
JAYSEN OLDROYD
Senior City Attorney
LOCAL 81 MOU Page 56
LOCAL 81 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
By
TREVOR TALLONLISA DEMMONS
President
By
VAL THOMETZ
Vice President
STATE OF UTAH )
§
COUNTY OF SALT LAKE )
On this _____ day of Julyne, 202118, personally appeared before me TREVOR
TALLONLISA DEMMONS, who being by me duly sworn, did say that she is the President of
the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Local 81, that she did execute
the forgoing instrument on behalf of Local 81 by the 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 his execution hereof constitutes a valid and binding act on behalf of Local
81 and its membership.
NOTARY PUBLIC
STATE OF UTAH )
§
COUNTY OF SALT LAKE )
On this _____ day of Julyne, 20218, personally appeared before me VAL THOMETZ,
who being by me duly sworn, did say that he is the Vice President of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS Local 81, that he did execute the forgoing instrument
on behalf of Local 81 by the 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 his
execution hereof constitutes a valid and binding act on behalf of Local 81 and its membership.
NOTARY PUBLIC
LOCAL 81 MOU Page 57
HB #70858
APPENDIX A
BASE FISCAL YEAR 2018 WAGE SCHEDULES FOR FISCAL YEARS 2022-2024
Effective July 2 1, 2021 2018 – July 1, 202319
(does not include longevity)
Wage Schedule
Effective July 1, 2018
Non-Sworn
(Effective July 1, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $39,333 $13.51 $18.91
1 $42,370 $14.55 $20.37
2 $45,386 $15.59 $21.82
4 $48,422 $16.63 $23.28
6 $51,418 $17.66 $24.72
7 $63,586 $21.84 $30.57
Firefighter – EMT
(Effective July 1, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $41,392 $14.21 $19.90
1 $44,595 $15.31 $21.44
2 $47,778 $16.41 $22.97
4 $50,960 $17.50 $24.50
6 $54,142 $18.59 $26.03
7 $66,914 $22.98 $32.17
LOCAL 81 MOU Page 58
Firefighter – Specialist
(Effective July 1, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $44,304 $15.21 $21.30
1 $47,715 $16.39 $22.94
2 $51,126 $17.56 $24.58
4 $54,517 $18.72 $26.21
6 $57,949 $19.90 $27.86
7 $71,573 $24.58 $34.41
Firefighter – Paramedic
(Effective July 1, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $47,819 $16.42 $22.99
1 $51,501 $17.69 $24.76
2 $55,162 $18.94 $26.52
4 $58,822 $20.20 $28.28
6 $62,504 $21.46 $30.05
7 $77,272 $26.54 $37.15
Firefighter – Captain
(Effective July 1, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $79,414 $27.27 $38.18
6 months $87,589 $30.08 $42.11
LOCAL 81 MOU Page 59
Wage Schedule
Effective December 30, 2018
Non-Sworn
(Effective December 30, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $39,915 $13.71 $19.19
1 $43,014 $14.77 $20.68
2 $46,072 $15.82 $22.15
4 $49,150 $16.88 $23.63
6 $52,187 $17.93 $25.09
7 $64,542 $22.16 $31.03
Firefighter – EMT
(Effective December 30, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $42,016 $14.43 $20.20
1 $45,261 $15.54 $21.76
2 $48,485 $16.65 $23.31
4 $51,709 $17.76 $24.86
6 $54,954 $18.87 $26.42
7 $67,912 $23.32 $32.65
LOCAL 81 MOU Page 60
Firefighter – Specialist
(Effective December 30, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $44,970 $15.44 $21.62
1 $48,422 $16.63 $23.28
2 $51,896 $17.82 $24.95
4 $55,328 $19.00 $26.60
6 $58,822 $20.20 $28.28
7 $72,654 $24.95 $34.93
Firefighter – Paramedic
(Effective December 30, 2018)
Years of
completed
service
Estimated
Annual
Equivalent
Operations Support
Entry $48,526 $16.66 $23.33
1 $52,270 $17.95 $25.13
2 $55,994 $19.23 $26.92
4 $59,717 $20.51 $28.71
6 $63,440 $21.79 $30.50
7 $78,437 $26.94 $37.71
LOCAL 81 MOU Page 61
Interim Wage Schedule
Effective July 1, 2018 – December 29, 20181
Non-Sworn
(Effective July 1, 2018 – December 29, 2018)
Interim Step Annual
Equivalent Operations Support
2a $45,822 $15.74 $22.03
4a $48,901 $16.79 $23.51
Firefighter – EMT
(Effective July 1, 2018 – December 29, 2018)
Interim Step Annual
Equivalent Operations Support
2a $48,277 $16.58 $23.21
4a $51,480 $17.68 $24.75
Firefighter – Specialist
(Effective July 1, 2018 – December 29, 2018)
Interim Step Annual
Equivalent Operations Support
2a $51,646 $17.74 $24.83
4a $55,078 $18.91 $26.48
Firefighter – Paramedic
(Effective July 1, 2018 – December 29, 2018)
Interim Step Annual
Equivalent Operations Support
2a $55,723 $19.14 $26.79
4a $59,426 $20.41 $28.57
1 On December 30, 2018 the Interim Step Employees will transition from the Interim Wage
Schedule to the General Wage Schedule included in this MOU.
LOCAL 81 MOU Page 62
ATTACHMENT 1 – COLLECTIVE BARGAINING RESOLUTION
LOCAL 81 MOU Page 63
ATTACHMENT 2 – FOUR-HANDED STAFFING EXECUTIVE ORDER