096 of 1986 - Memo of Understanding with American Federation of State, County and Municipal Employees R 86-1
C 86-323
RESOLUTION NO. 96 OF 1986
AUTHORIZING THE EXECUTION OF THE
MEMORANDUM OF UNDERSTANDING BETWEEN
SALT LAKE CITY CORPORATION AND
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, LOCAL 1004
WHEREAS, Section 9 (c) of the Salt Lake City Third Amended
Collective Bargaining Resolution dated April 10, 1984, provides
that no collective bargaining Memorandum of Understanding shall
be effective until the legislative body of the City approves said
Memorandum of Understanding , enacts implementing legislation, and
appropriates all required funds ; and
WHEREAS, the Memorandum of Understanding between the City
and American Federation of State, County and Municipal Employees ,
AFL-CIO, Local 1004 has been negotiated , a copy of which is
attached hereto ; and
WHEREAS, the Salt Lake City Council has appropriated
necessary funds required to implement the provisions of the
Memorandum of Understanding for fiscal year 1986-87; and
WHEREAS, the provisions of the Memorandum of Understanding
relate solely to the current budget year and the availability of
funds therefor; and
WHEREAS, based upon the foregoing , the City Council desires
to hereby evidence its approval of the Memorandum of
Understanding ;
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake
City, Utah :
1 . It does hereby approve the attached Memorandum of
Understanding .
2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah, is
hereby authorized to execute the said Memorandum of Understanding
on behalf of Salt Lake City Corporation and to act in accordance
with its terms .
Passed by the City Council of Salt Lake City, Utah, this 8th
day of July, 1986.
SALT LAKE CITY CORPORATION
By
C HA I RMA N
ATTEST :
*TR DER
ccl21
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E`L
JUL 16 IV,
EEi:ORI,�UIDUML OF UI-;DL:RSTANDI111G
1
THIS MEMORANDUM OF UNDERSTANDING, entered into this
sixteenth day of July, 1986, by SALT LAKE CITY CORPORATION,
hereinafter referred to as the "CITY" and Local 1004 of the
LI.ERICAN L'EDERATION 01 STATE, COUNTY, AND i;UNICIPAL EMPLOYEES,
AFL-CIO, hereinafter referred to as the "UNION. "
In full settlement of all wage and contractual issues , the
parties agree to e::tend the terms and conditions of the
memorandum of Understanding executed on the 20th day of June,
with the following understandings effective July 1, 1986 :
W I T N E S S E T H:
�%HEREAS, the CITY has endorsed the practices and procedures
of collective bargaining specified in its Collective Bargaining
Resolution of November 16, 1977 , as amended on April 10, 1984 ,
hereinafter referred to as "RESOLUTION, " as a fair and orderly
way of conducting its relations with its employees insofar as
such practices and,._p;,gcic
ures are appropriate to the functions
and obligations of and to retain the right effectively
to operate in a responsible and efficient manner , consistent with
the paramount interests of the CITY; and
WHEREAS, the parties recognize that this Memorandum of
Understanding, hereinafter referred to as "MEMORANDUM, " is not
intended to modify any of the discretionary authority vested in
the CITY by the Constitution and Statutes of the State of Utah,
the body of law developed thereunder or under its ordinance or
Collective Bargaining Resolutions; and
WHEREAS, it is the intention of the parties to this
agreement to negotiate, where not otherwise mandated by statute
or ordinance, for the salary structure, fringe benefits and
employment conditions of the employees in the CITY ' S Operations
and Maintenance Unit, hereinafter referred to as "UNIT, " to
prevent interruptions to work and promote the efficient operation
of the CITY, and to provide an orderly and prompt method of
handling and processing grievances .
NOW, THEREFORE, the parties hereto declare their mutual
understandings as follows:
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ARTICLE I.
PRODUCTIVITY AND CON'STRUCTION,T OF PIEMORANDUM
Delivery of municipal services in the most efficient,
productive and courteous manner is of paramount importance to the
CITY and the UNION. Such achievement is recognized to be a
mutual obligation of both parties within their respective roles
and responsibilities. All provisions of this MEMORANDUM shall be
construed in compliance with such obligation and shall not
abrogate in any respect provisions of the CITY ' S Collective
Bargaining Resolution or the Revised -ordinances of Salt Lake
City, Utah, 1965 . All questions of interpretation of this
'-'EiORAN:IDUM shall be resolved according to Article XXVI of this
MIEN 1ORANDUM.
ARTICLE II.
RECOISPITIONI
The CITY recognized the UNION as the exclusive bargaining
agent pursuant to the CITY ' S- Collective Bargaining Resolution for
the purpose of negotiating salaries, wages, hours and other
conditions of employment for employees in the UNIT. These rights
of,._the employees ' bargaining agent shall remain in effect subject
to t�_feTms and conditions of the RESOLUTION. -
ARTICLE III.
MAKAGEt4ENT RIGHTS
The CITY retains exclusive rights to manage all phases of
its operations and to direct the working forces except as
specifically modified, curtailed delegated or relinquished under
the terms of this MEMORANDUM.
ARTICLE IV.
F1PLOYEE RIGHTS
A. CITY employees shall have the right to form, join and
participate in the activities of employee organizations
of their own choosing for the purpose of representation
on all matters of employee relations or to refuse to join
or participate in such activities and shall have the
right to represent themselves individually in their
employment relations with the CITY. Employees shall be
free from any and all restraint or coercion in the
exercise of their rights and shall not be discriminated
against because of membership or non-membership or
activity or non-activity with the UNION, or because of
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membership or affiliation with another labor
organization.
B. Both parties to this MEMORANDUM agree to assure equal
employment opportunity to all employees and applicants
for employment and to prohibit any employment practice
which discriminates against any employee or applicant for
employment with respect to compensation, terms,
conditions or privileges of employment because of an
individual ' s face, color; religion, national origin,
marital status, eligibility for military service, sex,
age (as provided by law) or mental or physical handicap,
to the full extent required by law.
It is further agreed that representatives of both parties
shall comply with this provision in the administration of
this MEMORANDUM.
C. If the subject matter of discussions with an employee and
a decision by the CITY thereon would effect an
interpretation or change in this MEMORANDUM, the UNION
shall have the right to be heard before final action is
taken by the CITY.
D. The CITY will make available to the UNION for
_ - _ distribution one ( 1) copy of this MEMORANDUM for each
employee in the UNIT, in design, printing and form
determined by the CITY in consultation with the UNION.The UNION_.a� e _ �sult with the CITY on mode of
distribution of such copies .
E. The rights specified in this Article shall be in addition
to grievance rights granted under Article XXVII of the
MEMORANDUM, relating to the presence of stewards and
other persons in disciplinary proceedings .
ARTICLE V.
UNION RIGHTS
A. The UNION shall have the right to present its views to
the CITY either orally or in writing. A representative
of the UNION shall, at an employee ' s request, be given
the opportunity to be present for hearings in processing
an employee ' s grievance under the CITY ' S grievance
procedure. The UNION accepts the responsibility for , and
agrees to represent in good faith, the interests of all
employees in the UNIT without discrimination and without
regard to membership in the UNION.
B. The CITY agrees to recognize the officers and duly
designated representatives of the UNION. The UNION
agrees to keep the CITY advised, in writing, of its
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officers and stewards . The number of UNION stewards
shall be the number reasonably required, as determined by
consultation, to assure that each employee in the UNIT
shall have access to a UNIOiv steward; provided however,
in no event shall there be more than twenty-two ( 22 ) such
stewards assigned as follows : Public Utilities
Department - seven ( 7) ; Public Works Department - six
( 6 ) ; Parks Department - four ( 4 ) ; Airport - four ( 4 ) ;
Fleet - one ( 1 ) . The duly designated UNION stewards
shall, upon proper notification to their- immediate
supervisors and receipt of permission from such
supervisors, be allowed a reasonable opportunity, during
��,orking hours , for the purpose of investigation,
adjustment, and/or representing employees in grievances;
provided that the CITY may require that no more than one
steward shall be allowed such privileges, during working
hours , for any one incident, regardless of the number of
employees involved. Such permission shall not be
unreasonably denied. A duly designated UNION steward
shall have the right to represent employees at other work
sites within a department providing that the UNION has
reasonably disbursed stewards between work sites and
shifts and that there is no other UNION steward available
to handle the situation.
-,_-t is agreed that internal UNION business such as
soliciting membership, collecting dues, electing
officers, membership meetings, and posting and
distributing literature _taril - : _c� �,ted during the non-
duty hours of the employees with the sole exception of
the following:
1. One UNION steward from each department shall, upon
receipt of permission from such employee ' s immediate
supervisor, be allowed a reasonable period during
working hours , to attend UNION meetings or to
participate in other UNION business as necessary, up
to a maximum period of two hours per month, unless
otherwise approved by the department head; and
2 . Employees designated as official delegates to UNION
conferences and conventions shall be allowed time off
with pay for the purpose of attending such conferences
and conventions, which time off shall not exceed one
day per each twenty-five ( 25 ) members of the UNION per
calendar year for the aggregate of all such employ-
ees.
The UNION will provide the CITY 30 days ' notice of all
conferences and conventions; and, in all cases, the
employees will obtain prior permission from their
immediate supervisors at the earliest opportunity. Such
permission shall not be unreasonably denied.
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EXPITICLE VI.
DUES DEDUCTION
The CITY agrees to deduct twice a month, UNION membership
dues and other fees designated by the UNION from the pay of each
employee who individually requests in writing that such
deductions be made. The CITY further agrees to cease deduction
of such fees upon written request by the UNION.
The CITY will provide to the UNION a quarterly list of
membership additions and deletions and current addresses ,
telephone numbers, and original dates of hire, when available and
as computed by the CITY ' S payroll department . Such information
will be provided upon the UNION' S request on January 1, April 1 ,
July 1, and October 1 of each year .
riP,TICLE VII.
BULLETIN BOL4PDS
The CITY agrees to designate space not less than four ( 4 )
feet wide and three ( 3 ) feet long in convenient view as
determined by the CITY at the Water Department Complex at 1530
South West Temple, at the Public Works Department Complex at 850
- South 300 West , at the Salt Lake City International Airport , the
Parks Department Complex, 1965 West 500 South, at the Salt Lake
City Cemetery shops__ '}ems► nagement shops, Water Reclamation
Plant and Parking Enforcement office . Said space shall be
available to the UNION for posting notices bearing the written
approval of the UNION and shall be restricted to non-partisan and
non-controversial matters. They may include: notices of UNION
recreational and social affairs; notices of UNION elections ;
notices of UNION appointments and results of UNION elections;
notices of UNION meetings and agenda; notices concerning bona
fide UNION activities such as cooperatives, credit unions and
unemployment compensation information; and/or other notices .
The Labor-Management Committee may make recommendations to
the Mayor regarding placement of additional bulletin boards which
shall be maintained by the UNION for the purpose of UNION
posters, according to the criteria of this article.
There shall be no other general distribution, solicitations
or posting of pamphlets, advertising or political matter ,
notices, or any kind of literature or solicitations upon CITY
property other than as herein provided. Nothing herein shall be
construed to prohibit distribution of appropriate UNION
publications or notices defined hereinabove to members of the
bargaining UNIT.
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ARTICLE VIII.
WAGE SCHEDULE
The wage schedule represented in Appendix "A" will remain in
effect through June 30 , 1987 .
All regular, full-time employees shall be paid monthly
salaries. Part-time and seasonal employees shall be paid on an
hourly basis . No employee on an hourly basis --hall receive in
excess of the starting rate of pay for similar job duties under
the wage structure for ne%..ly hired regular employees .
ARTICLE IX.
SHIFT DIFFERENTIAL
In addition to the wage rates referred to under Article
VIII , the CITY shall pay an hourly premium thirty cents ( 30 ) to
employees who work a regularly scheduled swing shift or night
shift ( starting hours between 12 : 00 noon and 5 : 59 a .m. ) . Shift
differential premiums shall be used in the computation of
overtime pay under Article XI of this MEM'ORANDU!;; however , such
premiums shall not be used to compute compensation for standby,
ahlbagt, or any other premiums pay or minimum hourly guarantee.
Ii2AGE DIFFERENTIALS
In addition to the wage rates referred to under Article
VIII, employees designated by the CITY as members of the Snow
Fighter Corps, shall receive a pay differential equal to one
hundred dollars ( $100 . 00) per month during the periods of
November 15 through March 15 of each year . Such pay differential
shall be for work related to snow removal and shall be separate
from regular earnings on each employee ' s semimonthly wage
statement . The decision as to which employees shall be assigned
to or removed from the Snow Fighter Corps shall be at the sole
discretion of the CITY.
All full-time permanent employees who are assigned to refuse
collection, on collection vehicles operated by no more than one
employee each, shall receive a pay differential separate and
apart from their base salaries of $275 . 00 per month.
Persons who relieve regular drivers because of vacation,
illness or other reasons shall be eligible for this pay
differential on a pro rata basis, only on the days they are
actually assigned to a collection route to fill in for a regular
driver.
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ARITICLE XI.
HIOURS OF SERVICE P14D OVERTIME
A. HOURS OF WORK
Forty hours shall constitute a normal work week and eight
hours a normal work day, except for work incentive
programs approved by the CITY; provided, however , only
work in excess of forty hours per week shall be -
considered as overtime work . Overtime is to be
discouraged . In case of emergency or whenever public
interest demands, an employee may be required to perform
overtime work by a department head.
For the purposes of this article, a shift change shall
mean a change from one permanent shift (day shift, swing
shift, graveyard shift) to another shift . An emergency
shall be defined as an act of God, or any other
circumstance defined by the t:ayor, Department Head, or
the Salt Lake Emergency Management Plan.
This clause shall not be construed -to limit or prevent
the CITY from changing or establishing work shifts as the
need arises or to guarantee employees forty ( 40 ) hours
work pera_A,_!_eek _.,q_r - eight ( 8) hours work per day. However ,
- should the"EYTY'--adopt a work week consisting of four 10-
-___ hour days, or any other work schedule other than as
presently adopted, for and of its employea� t ?
shall provide fourteen ( 14) days notice of such change to
all employees whose work schedules are thus altered. If
less than 14 days notice is given of a temporary shift
change (a change of 14 days duration maximum) , callback
pay shall be provided for one ( 1 ) day after such notice.
If less than 14 days notice is given of a permanent shift
change, callback pay shall be provided for each day less
than 14 days such notice is given; provided, however,
that callback pay shall not be paid in emergencies,
unless less than 5 hours notice of a shift change is
given.
Notice may be given orally, in writing, or by posting on
the bulletin board. Employees having reasonable cause to
believe that their work assignments have been altered
shall have a duty to inquire regarding such change to
their immediate supervisor and the bulletin board.
B. REST PERIODS
Employees shall be entitled to a fifteen minute rest
period or coffee break during each consecutive four ( 4)
hour working period, which time shall be included within
the work shift, except where extraordinary circumstances
render such break impracticable. A reasonable effort
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shall be nude to provide such bre__ks near the middle of
each four hour ( 4 ) work period; provided, however , there
shall be no additional compensation paid to employees
electing or required to forego such rest period.
C. MEAL PERIODS
All employees shall be granted to, but not to exceed, a
sixty-minute lunch period during each work shift ;
provided, however , said lunch period shall be scheduled
in accordance *with the operational needs of the
department -by the shift supervisor . Such lunch periods
may be waived at request of the employee and concurrence
of the supervisor . No employee shall be compensated for
such periods unless the employee is required by the
supervisor to be on the work site, and is required to
perform any work during such time, then such employee
will be paid for the work .
D. CLEANUP PERIOD
Employees shall be granted a personal cleanup period
prior to the end of each work shift . The duration of
such period shall be as determined to be hygienically
necessary by an employee ' s immediate supervisor, not to
exceed a maximum of fifteen ( 15) minutes per duty shift ,
exclusive of shutdown an . ; �a-v,_ a times, unless a longer
period has first been auth-d= i_� -_ by the immediate
supervisor based upon extraordinary need and
_ circumstances.
E. OVERTIME COMPENSATION
1 . Employees required to perform overtime work shall be
compensated either by pay at one and one-half the
applicable hourly rate, or an allowance of time off
from employment with pay on the basis of one and one-
half hours off for each hour of overtime worked. The
determination of whether to award pay or compensatory
time off shall be the absolute discretion of- the CITY,
except, however , that employees may indicate a
preference for form of overtime payment contingent
upon approval by the department head, scheduling
requirements and availability of funds. Employees are
allowed to accumulate and maintain a twenty-four ( 24 )
hour minimum of time off if such is allowed as
compensation for overtime. Overtime work shall be
distributed among qualified employees on the following
basis :
(a) A reasonable attempt shall be made to offer
overtime work to qualified employees on a rotation
basis; first to the employee with the least number
of overtime hours worked or offered for the month,
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and so c;n , ur.til _he overtime worl•_ has been
accepted or until all employees contacted have
declined such work . In cases k,:here two or more
employees have an equal number of overtime hours
as set forth above, seniority shall govern . Hours
of overtime work offered but declined by an
employee shall be computed as time c�.orked for
purposes of determining overtime eligibility under
this paragraph; however , nothing in this section
shall require payment for overtime hours not
worked-.
( b) If no qualified employee accepts overtime work
under the foregoing provisions , overtime
assignments shall be made by the CITY by first
attempting to contact the qualified employee with
the least seniority, and thereafter to the next
least senior , qualified employee, and so on, until
all overtime s,,ork assignments have been made. For
an employee to refuse an overtime assignment under
this paragraph shall be grounds for disciplinary
action.
When time off from employment is allowed as
compensation for overtime, such time off shall be
granted within tc,,elve ( 12) months from the
performance of _overtime work .
(c) A department head may set by policy the amount of
compensatory time hours an employee may accumulate __ - �
at any one time. This maximum accumulation shall
be based on departmental needs, budget constraints
and consideration for the employee ' s best
interests.
2 . Unit personnel may be required to work on holidays
designated hereunder and shall be granted straight-
time pay for holidays so worked. Such employees ,
however , designate an alternate day to celebrate a
worked holiday, provided the day designated is within
one calendar year following the holiday worked, and a
written request is approved in writing by the
employee ' s supervisor , who shall have the sole and
absolute discretion to approve any such request .
Unless otherwise agreed to in writing by the parties,
holiday work selections shall be made by departmental
seniority.
3 . All paid time shall be defined as time worked for
purposes of overtime computation; provided, however ,
that callback and standby pay premiums or unworked
hourly guarantees shall be excluded from such
computation.
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4 . Reimbursement of meal expenses. An employee required
to work two ( 2 ) or more hours consecutive to their
regular duty shift shall be paid four dollars and
fifty cents ( $4 . 50 ) as reimbursement for meals .
Employee(s ) shall receive four dollars and fifty cents
( $4 . 50 ) for each additional consecutive four ( 4) hours
of work in addition to their regular duty shift. Such
reimbursements shall be made semimonthly to entitled
employees upon such terms and conditions as may be
prescribed by a department head concerning
applications for reimbursement verification of autho-
rization.
5 . A member of the UNIT shall be entitled to receive
compensation for a criminal or civil court appearance
made during his or her off-duty hours as a witness
subpoena by Salt Lake City of the State of Utah as
follows :
a . Felony and class "A" misdemeanor cases : four ( 4 )
hours of hourly base pay.
b. All other misdemeanor and traffic cases, including
juvenile court and drivers license cases: Three
( 3 ) hours of hourly base pay.
Compensation shall be provided by,- ;_uJ_nor_...t_y of this
section only if:
a. The time of the required appearance and of the
witness ' s release is noted on the subpoena and
initialed by the prosecuting attorney.
b. The specified time of appearance is not within one
( 1) hour of commencement or completion of a duty
shift , or the witness is required to appear during
a duty shift and is released from appearance more
than one ( 1) hour after completion of that shift .
C. A copy of the witness ' s subpoena complying
herewith shall have been delivered to the
witness ' s supervisor within seven (7) days
following the court appearance.
Compensation shall be provided hereunder for no more
than two ( 2) apperances per day. A second
appearance shall be compensable only if it is
specified to occur :
a. More than four ( 4 ) hours after commencement of a
witness ' s appearance in a felony case; or
b. More than three ( 3) hours after any other
appearance compensable hereunder .
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The prosecuting attorney shall have the right and the
duty to refuse to initial the subpoena of any
witness who through tardiness, absence or neglect
fails to appear in compliance with the terms of
the subpoena. Any employee failing to appear in
compliance with the terms of a formal notice or
subpoena shall be subject to disciplinary action.
F. AVAILABILITY FOR WORK
Any employee failing to remain available - for work as
required or to report to work in suitable condition to
perform job functions, shall be subject to disciplinary
action and forfeiture of applicable compensation ;
provided, however , that employees directed to return to
work on callback status shall as early as possible,
inform the supervisor of any incapacity to perform the
work directed. Any employee determined as unfit at the
time of report to callback duty shall not receive any
compensation otherwise due him/her .
ARTICLE XII .
STAI:DBY PAY
Employees may be required by an appropriate department heau-� =- T -
or designated representative to keep themselves available for
CITY service during otherwise off-duty hours and either remain at
home or leave word where they can be reached for an immediate
call to service. Such employees shall receive the following
compensation in addition to that to which they are otherwise
entitled:
1. Employees designated by the CITY as members of the Snow
Fighter Corps, shall be required to stand by to respond
to emergency situations on a continuous basis and shall
receive therefor the compensation referred to under
Article VIII of this MEMORANDUM or overtime compensation
where applicable, but no other compensation or minimum
hourly guarantees.
2 . All other employees required to stand by to respond to
emergency situations shall receive two ( 2 ) hours straight
time pay per each 24-hour day they are on standby status .
In addition thereto, each such employee shall be
guaranteed a minimum four ( 4 ) hours work or straight-time
pay therefor on such occasions as they actually report to
work while on standby status. Employees shall receive an
additional two ( 2) hours straight time pay for each
occasion called to work, during the 24-hour stand by
period, after the first occasion when the four hours is
guaranteed.
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ARTICLE XIII .
C&LLEACK PAY
Employees who have been released from normally scheduled
work. and standby periods who return to work upon direction of an
appropriate department head or designated representative, without
advance notice or scheduling, shall receive a premium of three
( 3 ) hours straight-time pay and shall be guaranteed a minimum
four ( 4 ) hours o'r straight-time pay therefor .
I�RTICLE XIV.
HOLIDAYS
A. HOLIDAYS SPECIFIED
The following days shall be recognized and observed as
holidays for all full-time, permanent employees .
Employees working 10-hour shifts shall be allowed the
following days without reimbursement to the CITY. Part-
time and seasonal employees shall not be entitled to
holiday benefits . All such employees shall receive their
regular rate of pay for each of the following unworked
holidays:
1 . The first day of January, called New Year ' s Day;
- -- ;_- -sla— day of February, the anniversary of the
birth of Abraham Lincoln;
3 . The third Monday of February, observed as the
anniversary of the birth of George Washington;
4 . The last Monday of May, called Memorial Day;
5. The fourth day of July, called Independence Day;
6. The twenty-fourth day of July, called Pioneer Day;
7 . The first Monday in September , known as Labor Day;
8 . The second Monday of October, known as Columbus Day;
9 . The eleventh day of November , known as Veteran ' s Day;
10 . The fourth Thursday in November , known as Thanksgiving
Day; and
11. The twenty-fifth day of December , called Christmas
Day.
12 . One personal holiday can be taken upon request of the
employee at the discretion of the department head.
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Employees are eligible for this holiday only after
satisfactorily completing their initial probationary
period. Approval or disapproval of this holiday shall
be given no later than five ( 5) working days after an
employee ' s request .
B. ALTERNATIVE AND ADDITIONAL HOLIDAYS
When any holiday listed above falls on Sunday, the
following business dale shall be considered a holiday.
When any holiday listed above falls on Saturday, the
preceding business day shall be considered a holiday. In
addition to the above, any day may be designated as a
holiday by proclamation of the Ldayor and/or the City
Council .
C. HOLIDAY ;,ORK
Full-time permanent employees required to work on a day
designated for celebration of a holiday hereunder shall ,
in addition to their holiday pay, receive pay at their
regular rates or compensatory time off on a straight-time
basis; provided, however , that when hours worked plus
designated holiday hours exceed 40 hours in a single work
week , overtime compensation shall be granted an employee
in addition to his or her holiday pay. For purpose of
r - this section, hours worked shall be construed as paid
time as defined under the overtime section of this
MEMORANDULii.
D. HOLIDAY PAY LIMITATION
No employee shall receive in excess of one day of holiday
pay for a single holiday. All employees must work or be
on authorized leave their last scheduled working hours
before and the next scheduled working day following the
holiday to qualify for holiday pay.
E. COLUMBUS DAY EXCEPTION
Columbus Day may be celebrated within 45 days following
the date of its actual occurrence as specified in Section
A above; provided, however, that an employee may
celebrate said Columbus Day on a day other than specified
if a written request is approved in writing by the
employee ' s supervisor, who shall have the sole and
absolute discretion to approve any such request .
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ITZTICLE XV.
VACATIONS
A. VACATIONS AUTfiORIZED
Full-time, permanent employees shall be entitled to
receive their regular salaries during vacation periods
earned and taken in accordance with the provisions of
this Article. ' Part-time and seasonal employees shall not
be entitled to any vacation or termination benefits .
Every full-time employee shall earn a vacation period
monthly from the date of full-time employment ; provided
further, that no person shall be entitled to any vacation
unless such person has successfully completed their
initial probationary period of full-time employment with
the CITY.
B. VACATION SCHEDULE
1 . Commencing July 1 , 1986 , all new employees with the
City will begin accruing vacation under the schedule
in paragraph 4 of this section; provided that no
person shall be entitled to any vacation unless such
person has successfully completed their initial
probationary period.
_ 2 . Existing employees, ( thcse_,-cmpy1ges holding full-time
positions as of June 30, 1986 ) , will begin accruing
vacation under the schedule in paragraph 4 of this
section as of January 1, 1987 .
3 . Existing employees may choose to continue using the
former vacation schedule as outlined in paragraph 5 of
this section.
4 . Completed Years Days of Vacation Hours Accrued Per
of Consecutive Per Year Biweekly Pay Period
City Service
0 5 1 . 54
1 to 3 10 3 . 08
4 to 6 12 3 . 69
7 to 9 15 4. 62
10 to 12 18 5. 54
13 to 15 20 6 . 15
16 to 19 22 6 .77
20 or more 25 7 . 69
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5 . Former Vacation Schedule
The following vacation schedule expires December 31 ,
1986 except for employees designated under paragraph 3
of this section.
a . Vacation for the First Nine Years of Employment
Every full-time eT.ployee shall earn a vacation
period, of four ( 4 . 00 ) hours per semi-monthly
pay period from the date of full-time employment :
provided further, that no person shall be entitled
to any vacation unless such person has
successfully completed their probationary period
of full-time employment with the CITY.
b. Vacation During the Tenth Year of Consecutive,
Full-Time Employment
Every full-time employee who has completed nine
( 9 ) consecutive full years of cumulative full
years of employment in accordance with Article
XXIV, Seniority, paragraph (A) with the CITY shall
earn a vacation equal to 5 . 66 hours per semi-
monthly pay
' monthl a period from the date of their tenth
( loth) anniversary date of employment .
C. Vacation During Fifteenth Year of Consecutive,
Full-Time Employment
Every full-time employee who has completed
fourteen (14 ) consecutive or cumulative years of
employment with the CITY, in accordance with
Article XXIV, Seniority, Paragraph (A) shall earn
a vacation equal to 7 . 33 hours per semi-monthly
pay period from the date of their fifteenth ( 15th)
anniversary date of employment .
B. RULES FOR TAKING VACATION
1 . Employees with the greatest seniority shall be given
the first consideration for requested vacation
periods, provided requests are made prior to April 15
of the current calendar year . Both parties agree that
requests shall not be accepted prior to January 1 of
the current calendar year for that calendar year .
Thereafter , vacation requests shall be granted on a
first-come, first-serve basis . Supervisors shall
respond to vacation requests by granting or denying
each request within 10 working days.
- 15 -
2 . Employees may accumiulate vacations ( including both
earned vacation and sick leave conversion time) ,
according to the length of their full-time consecutive
years of employment with the CITY up to the following
maximum limits:
(a) After 6 months - up to 25 days;
(b) After 9 years - up to 30 days;
(c) After 14 years - up to 35 days .
Any vacation earned or accrued beyond said maximum
shall be deemed forfeited unless utilized prior to the
end of the calendar year in which such maximum has
been accrued.
3 . Except upon termination as provided in Section C, or
purchase as provided in Section D, no officer or
employee shall be entitled to be paid for vacation
earned but not taken.
C. BENEFITS UPON TERMIINATION
1 . Every employee whose employment is terminated by
resignation or otherwise, shall be entitled to be paid
for :
(a) . µ "1 -warm& acation time accrued, unused,
unforfeited, and lawfully forwarded from previous
years, plus ;
(b) A termination benefit consisting of all vacation
accrued, unforfeited, and unused for the year of
employment during which the termination shall
occur .
(c) In cases of permanent separation, the CITY shall
compensate employees for unused compensatory time
off, within thirty ( 30) days from the date of
termination.
(d) UNIT employees subject to layoff because of lack
of work or lack of funds shall be eligible for
reimbursement of 50% of their accumulated unused
sick leave hours .
2 . An employee resigning from the CITY and giving less
than ten (10) working days ' notice shall be eligible
for reimbursement for all but up to two days of their
accrued, unused vacation pay.
All full-time employees shall not be eligible for
unused accrued vacation until the successful
completion of their initial probationary period.
- 16 -
D. CASH PAYMENT OF ErIRNED VACATION TIME IN LIEU OF USE
1. The CITY may purchase up to, but not exceeding, two
( 2) weeks of earned and accrued vacation time, to
which an employee is entitled as authorized in this
article, with the consent of said employees and upon
favorable written recommendation of the employee ' s
department head .
2 . Sated purchase of accrued vacation time may be _
authorized, in the sole, exclusive, and absolute
discretion of the CITY, when, in its judgment, it is
demonstrated that :
(a) Vacation time is accrued and earned in accordance
with this agreement;
(b) The cash payment in lieu of vacation time use will
not interfere with an employee ' s performance or
create an unreasonable hardship on said employee ' s
family;
(c) There is a demonstrated need for the CITY to
retain the services of the employee for the said
vacation time;
(d) There are sufficient monies in the departmental
budget to pay for the vacation time as certified
by the City Finance Director or designee, without
disturbing or interfering with the delivery of
CITY services; and
(e) The employee consents voluntarily to the cash
payment in lieu of time off from his regular work
schedule.
The foregoing notwithstanding, under no circumstances
may the CITY purchase more than two ( 2) weeks of said
earned but unused vacation time from a single employee
during any twelve ( 12) month period .
3 . The amount to be paid for any such purchase of
vacation time as provided herein shall be based on the
wage or salary rate of the said employee at the date
of approval by the CITY. However , under no
circumstances shall any overtime compensation be paid,
computed, or accrued by virtue of the CITY authorizing
an employee to work a vacation period and receive
cash payment therefor in lieu of use.
4. The CITY and its departments will extend a diligent
effort to provide every employee his earned annual
vacation, and shall, through appropriate management
efforts, seek to minimize the recommendations for cash
- 17 -
payments in lieu of vacation use . Any vacation
purchased by the CITY shall be considered to be an
extraordinary circumstance and not a fringe benefit of
the employee.
ARTICLE XVI.
SICK. LLFWE All HOSPITALIZATIOM SKITS
A. SICK LEAVE POLICY !=-PROCEDURES
1. Sick leave shall be provided for all permanent , full-
time employees only, as insurance against loss of
income when an employee is unable to perform assigned
duties because of illness or injury.
2 . Each full-time, permanent employee in the UNIT shall
be entitled to 12 days each calendar year , after
successful completion of their initial probationary
period. Such sick leave days shall be retroactive to
their most recent date of hire. Additionally, such
Employees who, from January to December 1986, use sick
days at a rate less than the annual City-wide average
for that year (as computed on December 31, 1986 ) ,
shall be awarded three extra sick leave days as of
January 1, 1987 . Parental leave as described in
Article XIX Section E. , will not affect the use of
sick days for computation of the three-day award.
Sic' -AaJ : ° e granted in a lump sum ( 12 days )
during the first month of each calendar year . Sick
leave will be granted on this basis if, for the prior
year , the UNIT' S average sick leave does not exceed
the CITY ' S average sick leave. If the UNIT' S average
sick leave exceeds the CITY ' S average sick leave then
sick leave will be granted on a month-to-month basis .
UNIT members who separate from the CITY for any reason
prior to the end of the 12th month of the calendar
year will have sick leave for the period prorated back
to the CITY on a one-day basis per month.
January 12 days
February 11 days
March ld days
April 9 days
May 8 days
June 7 days
July 6 days
August 5 days
September 4 days
October 3 days
November 2 days
December 1 day
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3 . Employees absent from work on account of illness or
injury shall report intended absence to their
department head or supervisor when possible before
couimencem`nt of duty shift as soon as practical , but
in no event later than fifteen ( 15 ) minutes before
commencement of such shift unless justified by
extraordinary circumstances .
4 . An employee requesting sick leave may be required by
his or her' immediate supervisor tca- provide
documentation by a written certification from a health
department nurse or a licensed practicing and
attending physician, that during the period of leave,
the absent officer or employee was prevented by
illness from discharging the duties required by his
office or position of employment . Provided, however ,
that the employee ' s individual use of sick leave is in
excess of the City average as computed by the Office
of Personnel Management . Such certification shall
also be required of any employee claiming sick leave
benefits -when a supervisor or department head has
grounds to believe an abuse of sick leave has
occurred. Full verification, when requested, shall be
a condition precedent to receipt of sick leave
benefits; provided, however, that when an employee has
not consulted a physician during the term of his/her
sick leave, and is notified less than one-half of
his/her previously scheduled shift prior to return to
work, that be required,
alternative means of verification shall be permitted.
5 . Disciplinary action shall be deemed mandatory for
abuse of sick leave privileges or procedures, except
where the employee- demonstrates justifiable excuse _to
his or her supervisor .
B. ACCUMULATION OF SICK LEAVE
Authorized and unused sick leave may be accumulated from
year to year subject to limitations of Section G of this
article.
C. SICK LEAVE CONVERSION TO VACATION TIME
Effective and commencing January 1 , 1979, any employee
who has accumulated to his credit thirty ( 30) sick leave
days may choose to convert a portion of the yearly sick
leave grant for any given year-to-year vacation days.
1 . If the employee making the election has not used sick
leave days or shifts during the previous calendar
year, he shall be entitled to convert five ( 5 ) days to
vacation days. Such converted sick leave days shall
be permitted as vacation days in addition to any other
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vacation award to c-:hich said employee is entitled
under the provisions of this article.
2 . If the employee makring the election has used only one
sick leave day during the previous calendar year , he
shall be entitled to convert four ( 4 ) days to vacation
days . Such converted sick leave days shall be
permitted as vacation days in addition to any other
vacation award to which said employee is entitled
under the "provisions of this article .
3 . If the employee raking the election has used two sick
leave days during the previous calendar year , he shall
be entitled to convert three ( 3 ) days 'to vacation
days . Such converted sick leave days shall be
permitted as vacation days in addition to any other
vacation award to which said employee is entitled
under the provisions of this article.
4 . If the employee making the election has used three
sick leave days during the previous calendar year , he
shall be entitled to convert two ( 2) days to vacation
days . Such converted sick leave days shall be
permitted as vacation days in addition to any other
vacation award to which said employee is entitled
und;e,r,,t-the provisions of this article.
5 . If the employee making the election has used four sick
leave days during the previous ca shall
be entitled to convert one (1) day to vacation days .
Such converted sick leave allocation shall be
permitted as vacation days in addition to any other
vacation award to which said employee is entitled
under the provisions of this article.
6 . If the employee making the election has used five sick
leave days during the previous calendar year , he shall
be entitled to convert (0) days to vacation days .
D. SICK LEAVE CREDIT FORWARD
The balance of the sick leave days not converted to
vacation days as permitted above, less the number of days
used during that calendar year as sick leave days, shall
be carried forward as accumulated sick leave days .
E. NOTIFICATION OF CONVERSION ELECTION
Any election by an employee to convert any sick leave to
vacation time must be made by notifying the Office of
Personnel Management, in writing, on or before January 31
of each year ; the CITY will make available to employees
information regarding sick leave use for the previous
year and forms to request conversion; otherwise, no
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conversion will be allowed for that calendar year and
such conversion privilege shall be deemed waived for that
calendar year . In no event shall sick leave days be
converted for other than the immediately preceding year ' s
sick leave allocation.
F. PRESUMPTION OF USE
Any sick leave days properly converted to vacation
benefits as above described, shall be deemed to be taken
prior to -any other days of vacation time to which the
employee is entitled; provided, however , that in no event
shall any sick leave days converted to vacation days be
entitled to any pay or compensation upon an employee ' s
termination. Any sick leave days converted to vacation
days remaining unused at the date of termination or
retirement shall be forfeited by the employee; however,
for purposes of this section, conversion days shall be
construed as used prior to vacation days otherwise
accrued by an employee.
G. SICK LEAVE BENEFITS UPON RETIRE1.=T
In addition to the sick leave conversion privilege to
vacation days above described, at retirement an employee
(or his estate, where„death . follovs retirement but
- - precedes payment ) shaiTT� gible to a retirement
benefit as stipulated in Executive Order 3 . 11 . 300 .
Persons who retire under the eligibility requirements of
_ the Utah State Retirement System and are not eligible
under the above referenced order will be paid in cash at
_ - their then current pay scale, a sum equal to their daily
rate of pay for 25 percent ( 25%) of the accumulated sick
leave days reserved for the benefit of said employee at
the date of their retirement .
In lieu of the above, employee may elect to convert sick
leave privilege to hospital and surgical coverage at the
rate of one month of insurance for each day of
accumulated sick leave. The total sum shall not exceed
50% of the accumulated sick days reserved for the benefit
of said employee at the date of retirement. This
hospital and surgical coverage will be applicable to the
spouse after death of employee.
H. HOSPITALIZATION
In addition to the sick leave authorized hereunder, each
full-time, permanent employee in the UNIT shall be
entitled to thirty ( 30 ) days hospitalization leave each
calendar year , provided that such leave may be taken only
if, and during the period that, such employee is actually
confined to a hospital or using an outpatient or other
acceptable facility with the approval of the Office of
Risk Management .
- 21 -
I . UNAUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS
No employee in the UNIT.' shall be entitled to receive sick
leave or hospitalization benefits as a result of
injuries, or disability resulting from accidents arising
out of or in the course of his employment for an eriployer
other than the CITY.
J. REGULAR SALARY TO BE CONITINUED
Each employee who takes authorized sick leave or
authorized hospitalization leave shall continue to
receive his regular salary during his absence from work
for the periods set forth in this chapter .
K. LIGHT DUTY PROVISION
The CITY may if practical, allow a UNIT employee a light
duty position while recovering from a temporary
disability.
ARTICLE X-VII.
DISABILITY COr'PEW.SATIOU
1 . Any full-time, permanent career service`-ar- Cirvil service
employee of Salt Lake City permanently and totally
-- — disabled while in the lawful discharge of his/her
-- - official duties for the CITY shall continue to receive
full compensation until such employee reaches his or her
normal retirement age.
2 . For the purpose of this section, the following terms
shall be defined as herein specified:
(a) "Disabled" means physical incapacitation resulting
from traumatic bodily injury occurring as a direct
and independent result of accident or criminal act.
Injuries caused or contributed to by the following
shall not be considered as disabilities hereunder :
hernia, pregnancy, infection or disease of any type
( including mental disorders and heart disease) , or
the medical or surgical treatment therefor; reckless,
negligent, illegal or immoral acts by the disabled
employee or purposely self-inflicted wounds or
injuries; use of drugs or alcohol by the injured
employee; or travel to or from work .
(b) "Full compensation" shall mean the total monthly
salary paid by the CITY to a disabled employee in the
month immediately preceding the injury, excluding
overtime payments, shift differentials, uniform and
travel allowance, witness fees , educational incentive
- 22 -
or certification pay, and other similar such reim-
bursements not ordinarily included in an employee ' s
base salary; provided that compensation paid under
the provisions of this section shall be increased
from time to time to reflect cost of living
adjustments granted generally to employees of the
CITY in employment positions similar to that occupied
by the disabled employee at the time of injury, and
reduced by any and all amounts paid as worker ' s
compensation, social security disability or other
retirement benefits , or any form of -governmental
relief whatsoever .
(c) "Normal retirement age" shall mean, and in no case
exceed the attained normal retirement age as
presently specified in Section 49-10-6 ( 34 ) of the
Utah State Retirement Act and in Section
49-11-8 ( 39 ) of the Utah Public Safety Retirement Act
for career service and civil service employees,
respectively.
(d) "Totally disabled" shall mean that period of time
during which the disabled employee is unable to
perform any and every duty pertaining to his/her
employment position with the CITY and is not engaged
in any occupation or employment for wage- or prof i,,_t,h}
3 . The CITY at its own expense shall have the right and
opportunity to examine the person of any employee when
- and as often as it may reasonably require during the
pendency of a disability hereunder . No employee refusing
such examination shall be eligible for the benefits
provided by this section.
4 . Refusal to submit to treatment for disabilities shall be
grounds for termination of compensation specified
hereunder .
5. When any injury for which compensation is payable under
this section shall be caused by the wrongful act or
neglect of another employee of the CITY or person not in
such employment, the CITY may require an employee
claiming compensation hereunder as a condition of receipt
of such compensation, to assign to the CITY any action
for damage against such third person such injured
employee may have.
6 . If an employee of the CITY becomes entitled to receive
worker ' s compensation as a result of suffering a CITY
service-connected injury or illness of a type not
compensated for under the foregoing provisions his/her
accumulated sick leave credit and authorized vacation
time and receive, during the period of his/her worker ' s
compensation payments, equal his/her regular wage or
- 23 -
salary; and provided further , that satisfactory evidence
of such election shall be transmitted by said person to
the Office of Risk Management of the CITY prior to
payment .
ARTICLE XVIII.
PART-TIME AND SEASONAL 01PLOYEES
Part-time and temporary employees shall not be entitled to_
any leaves or other employment benefits whatsoever , unless
required by Federal, State or Piunicipal Law.
AP.TICLE XIX.
LEAVES OF ABSENCE
Full-time, permanent employees shall be eligible for leaves
of absence under the following circumstances :
A. FUNERAL LEAVE
1 . Time off with pay will be granted a permanent, full-
tim e employee who suffers the loss of a wife,
husband, child, mother , father, stepmother ,
- stepfather, stepchild, brother, sister , father-in-law,
- mother-in-law, grandchild, grandfather, or
admother . In the event of death in any of these
instances, employees will be paid their regular base
- pay for scheduled work time from time of death through
-- the day of the funeral; however, no such leave shall
be permitted to extend more than five ( 5 ) calendar
days after the date of death. Employees will be
permitted one additional day (1/2 shift ) of funeral
leave, on the day following the funeral , if the
funeral or burial is held more than 150 miles distance
from Salt Lake City. Satisfactory proof of such
death, together with the date thereof and the date and
location of .the funeral and burial must be furnished
by the employee to the department head.
2 . In the event of death of relatives other than those
enumerated in subsection (1) , an employee will be paid
for time off from scheduled working hours while
attending the funeral services for such person, not to
exceed one work shift .
3 . In the event of death of friends, an employee may be
granted time off without pay while attending the
funeral services for such persons, not to exceed four
( 4) hours subject to the approval of his immediate
supervisor . Nothing in this subsection shall prevent
an employee from requesting earned and unused comp. or
vacation time.
- 24 -
4 . In the event the death of any member of the immediate
family as set forth in subsection (1 ) of this article
occurs while an employee is on vacation, his vacation
will be extended by the amount of time authorized as
funeral leave under said subsection.
5 . The provisions of this article shall not be applicable
to employees who are on leave of absence.
B. LEAVE OF ABSENCE OF EMPLQYEES 1HO ENTER MILITARY SERVICE
Every employee of the CITY who enlists or is called or
inducted into and enters active service in the state
militia or any branch of the federal military, naval , air
or marine service shall be entitled to be absent from
duties and service with the CITY while engaged in the
performance of active military or naval duties and while
going to and returning from such duties . No such person
or employee shall be subject to any loss or diminution of
vacation or holiday privileges nor shall he be prejudiced
by reason of such absence with reference to promotion or
continuance in office, employment, reappointment to
office or re-employment . All such persons shall be
entitled to re-employment by the CITY upon their
following the procedures outlined by state statute.
- " -' C. LEAVE WHILE ON ANNUAL ENCAMPMENT
All employTee --� ho'_�. - sr shall become members of the
Organized Reserve of the United States Army, Navy, Air
Force, Coast Guard and Marines, shall be paid at their
regular rate of pay while on duty at mandatory annual
encampment, not to exceed ten working days per year , in
connection with the reserve training and instruction of
the Army, Navy, Air Force, Coast Guard and Marines of the
United States . This leave shall be in addition to annual
vacation leave with pay.
D. LEAVE FOR JURY DUTY
All permanent, full-time employees shall be entitled to
receive and retain statutory juror ' s fees paid for jury
service in the District and Federal Courts whose
jurisdictions include Salt Lake County subject to the
conditions hereinafter set forth. No reduction in an
employee ' s salary shall be made for absence from work
resulting from such jury service whether consecutive or
not. In the event that an employee is required to serve
as juror more than seven (7) days during his term of jury
service, the matter of salary reduction shall be
presented to the CITY for its determination. On those
days that an employee is required to report for jury
service and is thereafter excused from such service
during his regular working hours for the CITY, he shall
- 25 -
forthwith return to and carry on his regular CITY
employment . Failure to so return to work shall result in
the forfeiture of that day ' s pay by such! !mployee .
E. PLRE?--:TAL L LIVE
A leave of absence may be requested by any employee of
the UNIT for the following reasons :
a. Becoming a" parent through birth or ad-option of newly
born children.
b. Due to the hospitalization of a dependent child.
The following provisions apply to the use of parental
leave:
a. Parental leave may be granted with pay on a straight-
time basis for a period not to exceed five consecutive
working days from the date a child commences residence
with a UNIT employee or becomes hospitalized.
b . The employee has -accumulated and available unused sick
leave. Under no circumstances shall the employee be
entitled to use as parental leave more than five
_ - - consecutive days.
_- _ c. The employee gives notice to his/her supervisor as
soon as possible under- te__ iva-bances .
d. The employee provides, upon request by a supervisor ,
certification of birth or evidence of a child
placement for adoption to his/her supervisor within
five ( 5) days following termination of such leave . A
letter may be requested from the treating physician in
the event of hospitalization of a dependent child
within five ( 5) days following termination of parental
leave used for this purpose.
e. An employee 's accumulated sick leave shall be reduced
by the number of days taken by an employee as parental
leave under this section.
F. LEAVE OF ABSENCE FOR UNION ACTIVITY
Up to two ( 2 ) employees of the UNIT elected to UNION
positions, or selected by the UNION to positions the
responsibilities of which require absence from employment
with the CITY, shall upon written request from the UNION,
submitted to the CITY as soon as possible under the
circumstances but in no event later than thirty ( 30 ) days
prior to the first day of absence, receive a leave of
absence, without pay, for the period of service with the
UNION, up to two ( 2) years in duration. Such leave shall
- 26 -
be renewable for up to two ( 2) years upon notification of
renewal equivalent to the above. Upon termination of
such employee ' s leave of absence, another employee shall
be eligible for a leave of absence under the terms and
conditions set forth above. At no time shall more than
one ( 1 ) employee within a single department be absent
from work under the provisions of this section.
The employee shall upon ending of such leave be
_ reinstated into the first vacant position, which has a -
similar classification and was last engaged in prior to
taking leave, that the CITY has open in any of its career
service depa.rtmer t_;, . ,vided that the person meets the
minimum qualifications according to the status and
classification which was held and was last engaged in
prior to taking such leave.
The employee during such leave and for one year
thereafter shall have pre-bid rights .
G. ADDITIONAL LEAVES OF ABSENCE
Employees requesting leave for anticipated or short-term
disability, such as maternity, surgery, or other medical
reason, will be allowed to take up to six ( 6) months '
leave s of seniority or position at the
-- ---- discretion .o'f =t. -department head.
ARTICLE XX.
LONGEVITY PAY
In addition to the salaries herein provided, every officer
and employee who has completed six (6) consecutive full years of
employment with the CITY, shall, after the seventh (7 )
anniversary date, receive a monthly longevity benefit in the sum
of fifty dollars ( $50 . 00 ) per month.
Every officer and employee who has completed ten ( 10 )
consecutive years of employment with the CITY shall, after the
eleventh ( 11 ) anniversary date, receive a total monthly longevity
benefit in the sum of seventy-five dollars ( $75 . 00 ) per month.
Every officer and employee who has completed sixteen ( 16 )
consecutive years of employment with the CITY shall, after the
seventeenth ( 17 ) anniversary date, receive a total monthly
longevity benefit of one hundred dollars ( $100 . 00) per month.
The computation of longevity pay shall be based on an
employee ' s original date of hire with the City.
- 27 -
AIR,1`1CL XI .
TOOL, UNIFORM, II-ID AUTOlt-OBILE ALLOWANCES
A. TOOL ALL01IM CE
Employees meeting the following qualifications shall
receive the sum of $40 . 00 per month as a tool allowance:
1 . Be required to use their personal tools on the CITY
job, said requirement being listed in the job
description for the position held by the employee.
The CITY agrees to consult with the UNIION on
designation of such classifications or classification
subdivisions for receipt of tool allowance.
2 . The replacement cost of the tools used must exceed
$3 , 000 . 00 .
3 . Actually use the tools on a daily basis and not just
store them on the job site.
4 . - :'he employee ' s immediate supervisor certify to the
Office of Personnel tfanager<<ent and department head in
charge of said department that the employee requesting
the tool allowance meet-- , -,-the- minimum requirements,
- - ---- said certification to be-in-- ruing and updated at
- least annually.
The CITY will not require employees to provide their own
tools in excess of $3 , 000 . 00 without paying the tool
allowance provided hereunder . The tool allowance will
not be paid unless such tools are required by the CITY.
The CITY will provide, at its own expense, $3, 000 . 00 of
casualty insurance for tools used by employees under the
preceding provisions of this section, payable to the tool
owner , subject to the deductible hereafter provided.
Each employee shall maintain an inventory of such tools
and shall provide copies of that inventory to the CITY or
the insurer , upon request . The deductible for each loss
under such insurance coverage shall be $250 . 00 .
B. UNIFORM ALLOWANCE
Personnel, when required to wear uniforms in the
execution of their duties with the CITY shall have such
uniforms furnished and maintained at the CITY' S expense
with the following exceptions:
1. Personnel in the Public Works Department (other than
welders, mechanics and parking enforcement personnel)
shall maintain their uniforms at their own expense.
- 28 -
2 . Airport Operations Officers who are required to wear
uniforms chile in the execution of their duties shall
receive the sum of $45 . 00 per month as a uniform
allowance in lieu of any uniform expense to the CITY.
3 . The following UNIT personnel, when required to wear
uniforms in their duties with the CITY, shall receive
the following monthly uniform allowances in lieu of
any other uniform expense to the CITY:
Parking Enforcement -Personnel Yl,0 . 00
Parking (deter Repair Personnel$40 . 00
Animal Control Officers $40 . 00
Watershed Patrol $40 . 00
C. AUTOMOBILE ALLOWANCES
Employees who are authorized to use and who do use
privately-owned automobiles for official CITY business
shall be reimbursed for their operation expenses of said
automobiles at the rate of twenty-one cents ( 21 ) per
mile for each mile actually traveled in official CITY
-- business, except for meter readers in the,Department of
--- -- --- Public Utilities who shall receive an auto;�, bi -
- -- - allowance of : (1) $40 . 00 per month for meter readers
whose route is within a five ( 5) mile radius of the Water
Department Offices at 1530 South West Temple; and ( 2)
- $50 . 00 per month for meter readers whose route is outside
a five ( 5 ) mile radius of said Water Department Office
for more than fifty percent ( 500 ) of the time during the
month. Before payment is made to any officer or
employee, pursuant to the terms of this section, the use
of the automobiles must be authorized by the employee ' s
supervisor and the mileage traveled must be verified by
the head of the department involved.
- 29 -
h.P.TICLE XXII.
I 1.S U RANCE
1 . The CITY will make available life, accidental death and
dismember-ment , dental, and health insurance to all
employees covered under the MEMORANDUM, upon the terms
and conditions as may be from time to time determined by
the CITY.
2 . The CITY will maintain an Insurance Advisory Committee.
The UNION shall have the right to appoint one person to
sit as a voting member of this committee.
3 . The amount which the CITY will contribute to the UNIT
employees ' insurance during the term of this MEMORANDUM
is as follows :
Medical & Dental Coverage:
Single $79 . 88/month
Couple $119 . 84/month
Family $150 . 16/month
Life Insurance $ . 24 per $1, 000 of coverage/month
- — Dependent Life $ . 70/month
A. D. & D. $ . 50/month
4 . The CITY will make available a consulting service which
will provide consulting by an outside confidential form
- - for drug abuse, alcoholism, and marriage counseling .
ARTICLE XXIII.
PENSION PLAN CONTRIBUTION
The CITY agrees to pay the employee ' s share and employer ' s
share of the retirement contribution as mandated by state
statute.
ARTICLE XXIV.
SENIORITY
A. SENIORITY DEFINED
Seniority shall consist of an employee ' s uninterrupted,
regularly scheduled employment with the CITY. An
employee ' s earned seniority shall not be lost because of
absence due to illness, authorized leaves of absence, or
temporary layoffs not to exceed two ( 2) years .
- 30 -
Elected officials of the UNION will be considered to have
seniority above that of all other employees for the
purpose of layoff only, regardless of actual , earned
seniority.
B. LAYOFFS
Whenever it is necessary to reduce the number of
employees performing an activity or function defined by
the tayor or- his or her designee within a CITY departr,,ent
because of lack of work or lack of funds, the CITY shall ,
where possible, attempt to minimize layoffs by
readjustment of personnel through reassignment of duty in
other departments . Whenever layoffs are necessary,
emergency, temporary, probationary and hourly employees
performing essentially the same duties as the aforesaid
work activity or function being reduced shall be laid off
first; provided, that it is expressly understood that
seasonal-hourly employees are not included in this
limitation. Permanent employees shall be the last to be
laid off in inverse order of the length of service of
employees in the same job classification performing the
same job functions and duties . Provided, however ,
permanent employees designated for layoff or actually
laid off may move into a vacant lower classified job
position, wherever situated in the CITY, for which the
_ - employee is qualified. Said employee, within the CITY
department in which the layoff occurred, may also bump
'. _=_ vi�-Iax , permanent, temporary or probationary
personnel ( in a job position and function previously and
actually held by said laid off employee) for a position
said employee is currently qualified and able to perform.
Employees bumping into any position must meet
qualifications standards established by the Department
Head. Employees who have been laid-off shall have the
option to move into their former position for a two-year
period after notification of the lay-off, if the position
is reopened and the minimum qualifications are unchanged .
C. GENERAL RE-EMPLOYMENT LISTS
Employees who have been laid off in accordance with
paragraph (B) above or have been terminated without cause
or prejudice, have the right to request pre-bid in
accordance with Article XXV, Pre-Bid Procedures,
paragraph A of this MEMORANDUM. Pre-Bid rights will
expire two ( 2) years from the employee ' s date of layoff.
Should the employee be rehired within this time period
the employee shall have full reinstatement of all CITY
seniority for purposes of vacation and sick leave
computation. The employee shall be subject to the same
probationary period as an employee hired under pre-bid.
If the aforementioned employee has cashed out any sick,
vacation or retirement monies, the employee shall not be
eligible for reinstatement of same.
- 31 -
D. SHIFT BIDS
Department heads or their designee shall decide the
employee qualifications, abilities or experience
recommended for each work shift or CITY operation deemed
desirable to perform the functions, operations or mission
of the department, and such considerations may include
training, specialized knowledge, skill or other
particularized needs of the entire department . After
management has made shift assignments indicated by such
needs or considerations , the remainder of the shift-work
assignment shall- be made on the basis of department
seniority; provided, however , that seniority will not be
a basis for selection of �,:ork shifts if, with the
concurrence of the department head, the employees of a
designated work area elect that seniority should not be
the determinant . In the event of such election, the vote
shall be by secret ballot, within work areas and in a
manner selected by the department head.
E. 11OUTE BIDS
Employees bidding for route assignments shall conduct
thieir bidding according to the procedures in Article
XXIV, paragraph D in this section.
ARTICLE XXV.
JOB BIDS
A. PRE-BID PROCEDURE
In order that qualified employees may be given proper
consideration when a vacancy in a job exists, and the
department head deems it advisable to fill such vacancy
on a permanent basis, the department head shall utilize
the following Pre-Bid Procedure:
Employee shall have the full responsibility to request
a transfer or job bid to any appropriate job within
the CITY. The CITY agrees to post any newly
authorized or newly created positions on their initial
bidding.
Employee shall have the responsibility to update
request ( s) for such Pre-Bid. Such requests shall be
valid for no more than a two-year period.
Employee(s) may apply at any time for a Pre-Bid in
writing on forms specified by the Office of Personnel
Management, to the Office Management, for inclusion on
such confidential register . Such confidential Pre-Bid
register shall be deemed closed when the department
- 32 -
head advises the Office of Personnel Management in
writing th-at a vacancy needs to be filled on a
permanent basis . Department supervisors agree insofar
as practical to notify the department union steward of
position openings.
The department head will make a selection from those
applicants on a register designated by the Director of
the Office of Personnel Management, solely on the
basis of qualifications; however , in the- event that
all qualifications are equal, the applicable
department or CITY length of- service shall be the
basis of selection bet�,7een such applicants .
Employees objecting to the selection process for
positions covered by this U14IT shall submit their
complaints to the Labor/Management Committee. If
either side is not satisfied with the committee ' s
recommendations, they may submit the complaint to the
I'layor ' s designee within ten working days. The
complaint shall be investigated and a written report
submitted within fifteen working days . The decision
of the Mayor ' s designee shall be final and binding .
Nothing herein shall prohibit appointments as deemed
_ ppropriate by the CITY during the investigation
;�f riod.
When a vacancy cannot be.�fild_ _ �_ competent and
experienced employees applying for the same job, the
Director of the Office of Personnel Management, at the
recommendation of the department head, shall announce
the job vacancy for external recruitment purposes.
New positions shall be posted for a period not to
exceed five ( 5) working days, (excluding holidays) ,
during which time employees may apply in writing, on
forms specified by the Office of Personnel Management
for appointment to fill such vacancy, setting forth
any such information as may be required by the CITY .
The Office of Personnel Management agrees to offer
periodic position counseling and pre-bid training.
B. PROBATIONARY PERIOD
A successful bidder for a job vacancy shall be on
probation for a period not to exceed ninety (90) calendar
days, during the first thirty ( 30) days of which time the
employee may elect to return to the former position of
employment. The probationary period may be extended, if
necessary for training purposes, if agreed upon by
applicant and supervisor or department head. During the
probationary period, applicant shall not be eligible to
- 33- -
be selected for any other job vacancy. If retained in
the job applied for at the expiration of said
probationary period, applicant shall be ineligible to be
selected for another job opening for a period of nine
( 9) months after the expiration of said probationary
period, unless authoriza-tion to Epply is given by the
department head. If applicant is not retained in said
job so selected for before the expiration of the
probationary period, the employee shall be returned to
_ the position held prior to being accepted in the job
applied for .
I=ICLE «XVI.
LP-BOR I:hNhGEI-.EI�T COT�2-1ITTEE & SAFETY
A. LABOR M.ANAGEIIiENT COMI-IITTEE
There shall be a Labor Management Committee consisting of
six_ members ; three employees appointed by the UNION and
three employees appointed by the CITY. The ccmmittee
shall meet monthly or upon call of either party in the
event of an emergency. Ieetings shall be on CITY time .
It shall be the general function of the Labor Management
Committee to _4-scus_s matters of mutual interest
concerning wage-s`= 'hours , and other conditions of
- employment except those which are specifically covered
under the grievance procedure, in accordance_;
XXVII, Grievance Procedure . Items brought to this
committee must have first been brought before the
appropriate department management personnel in an
attempt to resolve the issue. An agenda shall be
prepared and delivered to each of the committee members
ahead of time. The Labor Management Committee shall make
appropriate recommendations to cabinet level directors
for their decisions which will be final and binding .
The Labor Management Committee shall study such matters
as apprenticeship and training, seniority, overtime,
layoff procedures, employee productivity, and other
matters of mutual interest to the CITY and UNIONS .
B. SAFETY
The parties hereto agree to cooperate and use their best
efforts in carrying out health and safety.
- 34 -
it,RTICLE X--:VII.
GRIEVANCE PROCELUI E
It shall be the policy of the CITY to adjust grievances of
employees properly and fairly, within a framework of existing
laws and regulations . Every reasonable effort shall be made to
adjust grievances in a manner mutually satisfactory to employees
and management at the lowest possible level .
This grievance procedure shall be utilized only for
terminations and suspensions, EEO complaints , demotions, and
transfers . Any employee who believes that a grievance exists as
defined above, may personally or through a—an attorney or a UNION
representative utilize the grievance procedure outlined herein .
The above notwithstanding, employees who have terminated may
submit their grievance immediately to the third ( 3 ) step of the
grievance procedure outlined herein.
An employee has a right to a UNION representative at all
formal steps of the grievance procedure. The supervisor shall
notify the employee of this right prior to the administration -of
disciplinary action.
_ -=-- It is mutually understood that- . b-e--pr,ompt presentation,
- - _Yl- _
adjustment and/or answering of the grie-van e is desirable in the
interest of sound relations between the employees and the CITY.
-- ------ The prompt and fair disposition of grievances involves important
and equal obligations and responsibilities , both joint and
independent, on the part of the representatives of each party to
protect and preserve the grievance procedure as an orderly means
of resolving grievances .
Step ( 1) The grievance shall be submitted in writing to the
immediate supervisor and the employee may have a
representative at such meetings. The grievance
shall be presented within ten ( 10 ) working days
from the time the grievance occurs or from the
time the employee could reasonably be expected to
have become aware of such occurrence, provided,
however , both parties agree that during this ten
(10) day working period the alleged grievance will
be informally discussed with the employee
involved, supervision, and UNION officials .
Failure to provide such notice within the time
specified shall void any employee ' s grievance
rights provided hereunder . The supervisor shall
render a decision on a grievance appropriately
filed within six ( 6) working days from the date
that the grievance was filed.
Incidents of prior disciplinary action shall not
be considered in a current disciplinary decision
- 35 -
if, ( 1 ) at the timie of the prior action the
employee requested and was unreasonably denied the
presence of a union steward or other employee as a
caitness of the disciplinary action; and ( 2 ) the
employee has submitted a written objection to the
immediate supervisor within 10 working days of the
prior disciplinary action. Such request shall not
be considered to have been unreasonably denied if
it would effect an unreasonable delay or
disruption of work .
Step ( 2) If no settlement is reached under Step ( 1 ) , then
the grievance shall be presented in writing to the
next level supervisor within six ( 6 ) working days
after Step ( 1 ) . The next level supervisor shall
notify the parties concerned of the decision
within six ( 6 ) working days after hearing the
grievance.
Pdeetings held under Steps ( 2) and ( 3 ) of this
procedure will normally be held within ten ( 10)
working days after receipt of the grievance at
each step; however, such limits may be extended as
may be agreed upon in writing by the parties
hereto.
- -- Ste 3 If no agreement is reached under Step P ( ) g P t''' t
grievance shall be submitted within ten working
days to a meeting between the Director of the
Office of Personnel 14.anagement , and the
appropriate cabinet level director , and a
representative from the INTERNATIONAL UNION or
the UNION' S business agent within ten working
days .
This meeting should be conducted within thirty
( 30) working days following receipt of the
grievance. Such decision shall be final and
binding absent a modification provided for under
Step ( 4 ) .
Step ( 4) If no settlement is reached under Step ( 3 ) , the
UNION may appeal to the Mayor ' s Office in writing
and by certified letter within six ( 6 ) days of
receipt of the decision under Step ( 3 ) .
In the event of an appeal by the UNION, the
employees may choose to have the Employee Appeal
Board or a member of Personnel Advisory Board hear
the case and render a recommendation to the Mayor
and the Director of the Office of Personnel
Management .
- 36 -
Employees who choose to have a member of the
Personnel Advisory Board hear the case will be
required to sign a waiver of their rights of
appeal to the Emnployee Appeal Board. This waiver
is attached to this MEMORANDUM OF UNDERSTANDING as
Exhibit "B" .
The Appeals Board or the member of the Personnel
Advisory Board shall submit a recommendation to
the 1,1ayor , to the Director of the Office of
Personnel Management and the appropriate cabinet
director within thirty ( 30 ) days after such
hearing .
The I,ayor will then render a final decision within
ten (10 ) working days after receipt of the
recommendation by the appeals board or the
Personnel Advisory Board member .
An employee, terminated for cause, who appeals his
termination ( to the Employee Appeals Board) , may
elect to continue health insurance coverage with
the City, until conclusion of hearing before such
board, provided the employee makes timely payment
of premium payments (both employee and CITY share)
during the period between termination and
hearing-. If the employee shall be reimbursed for
the CITY share of any insurance premium paid.
The CITY agrees not to retaliate against any
employees who exercise rights under the
- --- aforementioned grievance procedure; provided
however, that failure to exercise these grievance
rights shall bar judicial or administrative action
by the employee on any grievable issue.
ARTICLE XXVIII.
PEP,S01MM FILES
All personnel files shall be handled as per Executive Order
4 . 01 . 201 .
ARTICLE XXIX.
LI14ITATION ON PROVISIONS
The provisions hereof shall be subject to the limitations,
terms and conditions of the CITY' S Collective Bargaining
Resolution.
- 37 -
ARTICLE XXX.
STRIKES At:D V=ORK STOPPz GES
Continuous and uninterrupted service by the CITY and its
employees to the citizens, and orderly collective bargaining
relations between the CITY and its employees being essential
considerations of this 1•'1E1,fORANDUM, the UNION agrees , that none of
the following acts sh"al-1 be engaged in or in any way approved of
or encouraged by the UINION: -
1 . A concerted absence, in whole or in part , by any group of
employees from the full, faithful and proper performance
of their duties of employment for the purposes of
inducting, influencing, condoning, or coercing a change
in the terms and conditions of employment , including
sick calls, sick outs, slow downs, or any other concerted
interference with services provided by the CITY, or
2 . The collective concerted withholding of services or the
performance of assigned duties by any person pending the
signing of contract , including those persons who are
customarily employed on a yearly contract basis .
_ - _ In the event of a violation of this article by the UNION
and/or the employees, the CITY may, in addition to other
remedies, discipline such employees up to and including
discharge----___
Employees shall not be entitled to any benefits or wages
whatsoever while they are engaged in a strike, work stoppage or
other interruption of work as specified herein or otherwise.
ARTICLE XXXI.
PERSONNEL POLICIES ARID PROCEDURES
The CITY agrees to. make copies of all personnel policies and
procedural directives, as well as copies of written disciplinary
action, available to the UNION' S Business Agent .
ARTICLE XXXII.
WAIVER CLAUSE
Except as provided for in Article XXXIII, Term of Agreement,
hereof, the CITY and the UNION expressly waive and relinquish the
right and each agrees that the other shall not be obligated
during the term of this MEMORANDUM to bargain collectively with
respect to any subject matter or matter whether referred to or
covered in the MEMORANDUM, even though each subject or matter may
not have been within knowledge or contemplation of either or both
- 38 -
the CITY and the UNION at the time they negotiated or executed
this 1.,E ;ORP'i DUM even though such subjects or matters were
proposed and later withdra��,ln.
In the event laws are passed by the State or Nation which
conflict with the provision of this MEMORANDUM relating to hours
or wages, or other conditions of employment , the provisions of
this MEMORANIDUM which are in conflict therewith may be reopened
for negotiations without affecting the remaining portions of this
�ORF.I'DUi;. -
- 39 -
Ez11:TICLE 'XD� III.
TE1 i OTF r.GP-.GP 4M.T
This MEMIORANDU i shall remain in effect from July 1, 1986,
through June 30, 1987 with the following exceptions :
A. It is understood by the parties hereto that certain
provisions of *this agreement cannot be implemented by the
CITY except upon public notice and hearing and compliance
with various statutory and legal requirements .
B. The parties hereto may, by mutual written consent , agree
to amendment to this MEMORANDUM.
C. Both parties agree that this MEMORANDUM is contingent
upon available funds and approval by the City Council in
accordance with paragraph 9 , subparagraph (c) of the
Third Amended Labor Bargaining Resolution, Salt Lake
City, Utah, April 10, 1984 .- 40 -
IN 4.7ITNESS VHEREOV, the parties hereto have fired their
hands and seals the day and year first above written.
SALT LAKE CITY CORPORATION
yr
BY
PA_LMER A. DEPAULIS, MAYOR
r r rnP,
ATTEST: '': E� f`.� ► r . -
JUL 16 a
KATHRYN !i!,RSHALL, CITY RECORDER
LOCAL 1004 OF THE AMERICAN
FEDERATION OF STATE, COUNTY AND
JMUNICIPL E14PLOYEES, AFL-CIO
� - - - -
GORDON OTTLEY, AFSCME
DIRECTOR OF EMPLOYEE RELATIONS
MEMBER AFSCME
NEGOTIATING COMMITTEE
MEMBER AFSCME
NEGOTIATING COMMITTEE
- 41 -
4 ,
STATE OF UTF_IN )
County of Salt Lake)
On the day of E _ -� " " ` �j 1986, personally
appeared before me PALMER A. DEPAULIS, and KATHRYN MARSHALL, who
being by me duly sworn, did say they are the Mayor and City
Recorder , respectively, of SALT LLKE CITY COP.PORF•.TION-, a
Municipal corporation of the State of Utah, and said persons
ac!_=•.ledge to me that said corpor�;tion executed the same .
NUlARY PUBLIC, residi g in
Salt ,ce County, Utah
My Commission ExpireC�
z..- s s .
- County of Salt Lake)
On the day of JUL 16 , 1986, personally
appeared before me r) .21/ , who
being by me duly sworn, did say ha he is the Business
Representative of the AMERICAN FEDEQN OF %AT.F, COUNTY AND
MUNICIP L Eb" OYE S Local 1040 and
and , who being duly sworn, did say that
they are members op' the board of such UNION, that both such
t'h
persons executed e foregoing instrument on behalf of said UNION
by authority of the Board of Directors of the UNION and that said
instrument has been duly ratified and approved by the membership
of said UNION and that their execution hereof constitutes as
valid and binding acting on behalf of said UNION and its
membership.
o O
NOTARY/PUBLIC,' Resi ing in
`s RG Sal'tJ ake County, Utah
My Commissio Expir s� �;P.
UT
- 42 -
PA Y A— �
CLf.SS
101 1063
102 1099
103 1134
104 1171
105 I 1209
106 1248
107 1284
108 1330
109 1374
110 1420
111 I 1465
1513
113 1561
114 1613
115 1665
116 1720
117 1775
118 1833
119 1895
120 1955
121 2017
122 2082
123 2151
124 2220
125 �22�93 �
New employees will be started at 10% below this scale (14 Step) .
Employees who have passed probation and have less than one year with the City
will be paid 5ro below this scale (P Step) .