33 of 2024 - Collective Bargaining and Employee Representation Processes (Joint Resolution)1
Resolution 33 of 2024
Collective Bargaining and Employee Representation Joint Resolution
Adopting a joint resolution acknowledging Salt Lake City’s practice of recognizing the exclusive
representation of certain designated groups of eligible employees by labor organizations for the
purpose of collective bargaining, authorizing the continuation of this practice, and setting forth
the process for collective bargaining between Salt Lake City Corporation (the “City”) and labor
organizations.
WHEREAS, the residents of Salt Lake City are entitled to efficient and effective delivery
of services and the orderly and uninterrupted operation of their government; and
WHEREAS, dialogue with certain designated groups of eligible employees related to the
terms and conditions of their employment (including wages) facilitates the City’s objectives of
promoting fiscal responsibility and stability, maintaining and increasing employee productivity,
and addressing issues pertaining to employee job satisfaction, morale, and retention; and
WHEREAS, the Mayor and City Council of Salt Lake City believe the collective
bargaining process promotes cooperative and harmonious relationships between the City and
certain designated groups of eligible employees related to the terms and conditions of their
employment; and
WHEREAS, the Mayor and City Council of Salt Lake City believe it is in the best
interest of the City to allow certain designated groups of eligible employees to be represented by
labor organizations for the purpose of collective bargaining; and
WHEREAS, the Mayor and City Council of Salt Lake City believe it is in the best
interest of the City to recognize individual labor organizations as the exclusive representative for
certain designated groups of eligible employees for the purpose of negotiating a labor agreement
(i.e. a “Memorandum of Understanding” (“MOU”)) between the City and the labor organization
in accordance with the provisions of this joint resolution; and
WHEREAS, this joint resolution supersedes and wholly replaces Resolution 15 of 2011
(“Collective Bargaining and Employee Representation Joint Resolution”).
NOW, THEREFORE, it is hereby jointly declared by the Mayor and City Council of Salt
Lake City as follows:
I.DEFINITIONS
As used in this joint resolution:
A.“CITY” means and refers to Salt Lake City Corporation, a municipal corporation
organized under the laws of the State of Utah.
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B.“LABOR ORGANIZATION” means and refers to an entity (i.e. a labor union or
labor association) that seeks to be recognized as the Exclusive Representative of a Bargaining
Unit for purposes of collective bargaining.
C.“BARGAINING UNIT” means and refers to the three designated groups of
eligible employees referred to in Section II(A) below who may be represented by an Exclusive
Representative for the purpose of negotiating a labor agreement between the City and the
Exclusive Representative.
D.“EXCLUSIVE REPRESENTATIVE” means and refers to a Labor Organization
that has been recognized as the sole representative of a Bargaining Unit and, accordingly, is
authorized to engage in collective bargaining with the City for the purpose of negotiating a labor
agreement between the City and the Exclusive Representative.
E.“NEGOTIATION” means and refers to the process by which the City and an
Exclusive Representative meet and confer in good faith regarding the terms and conditions of
employment (including wages), except to the extent such terms and conditions are a management
right (permissive) or prescribed or prohibited by applicable law, and culminates in the execution
of a labor agreement between the City and the Exclusive Representative.
F.“IMPASSE” means and refers to the inability of the City and an Exclusive
Representative to agree upon and execute a labor agreement.
II.CITY RIGHTS AND OBLIGATIONS
A.The City acknowledges that the following three designated groups of eligible
employees may be represented by an Exclusive Representative for the purpose of collective
bargaining:
i)sworn employees in the Police Department who hold the rank of Police
Officer;
ii)sworn employees in the Fire Department who hold the rank of Firefighter
EMT, Firefighter Specialist, Firefighter Paramedic, Firefighter Captain,
and Medical Response Paramedic and non-sworn employees in the Fire
Department who serve as Fire Logistics Coordinators and Fire Prevention
Specialists; and
iii)employees who serve in the job titles outlined in Appendix A of the most
recent Memorandum of Understanding between the City and Local 1004
of the American Federation of State, County, and Municipal Employees.
B.In accordance with applicable law and the provisions of this joint resolution, the
City has the exclusive right to determine the mission and objectives of each of its departments,
divisions, bureaus, boards, commissions, programs, and services.
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C.The City has the exclusive right to:
i)hire and direct its employees;
ii)impose corrective or disciplinary action on its employees;
iii)classify its employees for compensation purposes;
iv)relieve its employees of duty due to reorganization, restructuring, lack of
funds, lack of work, or other reason not prohibited by applicable law;
v)determine the method, means, and personnel by which City operations are
conducted;
vi)maintain the efficiency and effectiveness of City operations;
vii)promulgate rules and regulations pertaining to Exclusive Representative
activity, including meeting with City administration and management,
using City facilities or equipment, and engaging in Exclusive
Representative activity during business hours; and
viii)take whatever actions it deems necessary, in its sole discretion, to carry
out its responsibilities in an emergency situation.
D.The City intends to:
i)negotiate in good faith with the recognized Exclusive Representative of
each Bargaining Unit; and
ii)compensate its employees in a fiscally-responsible manner.
III.EMPLOYEE RIGHTS AND OBLIGATIONS
A.Unless otherwise prohibited by applicable law or this joint resolution, eligible
employees in a Bargaining Unit have the right to form, join, and participate in activities through
an Exclusive Representative.
B.Eligible employees in a Bargaining Unit have the right to refrain from
participating in any Exclusive Representative and/or Labor Organization activity and Exclusive
Representatives and Labor Organizations are prohibited from coercing eligible employees into
joining, participating, assisting, supporting, or in any other way contributing to the success or
operation of an Exclusive Representative and/or Labor Organization. Eligible employees in a
Bargaining Unit shall not be interfered with, intimidated, restrained, coerced, or discriminated
against because of their exercise of, or refusal to exercise, any of the rights outlined in this joint
resolution.
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C.This joint resolution does not prevent an eligible employee in a Bargaining Unit
from:
i)bringing personal concerns to the attention of City administration or
management; and
ii)enjoying, without discrimination, all employment rights and benefits
granted by the City.
IV.EXCLUSIVE REPRESENTATIVE OBLIGATIONS
A.An Exclusive Representative and its officers, agents, and/or employees are
prohibited from:
i)restraining, coercing, or interfering with eligible employees in the exercise
of their rights guaranteed under this joint resolution, including, but not
limited to, attempting to cause the City to discriminate against an eligible
employee in violation of such employee’s rights under applicable law or
this joint resolution;
ii)restraining or coercing the City in its recognition of an Exclusive
Representative for purposes of collective bargaining or the adjustment of
grievances;
iii)refusing to negotiate in good faith with the City; and
iv)engaging in a strike, or encouraging, aiding, or abetting any eligible
employee of a Bargaining Unit to engage in a strike, which, in addition to
being prohibited, is declared to be illegal.
B.An Exclusive Representative and its officers, agents, and/or employees shall have
an affirmative duty to take immediate, appropriate, and effective affirmative action to end an
employee strike or work stoppage.
V.NEGOTIATION OF LABOR AGREEMENTS
A.The City’s chief negotiator and the Exclusive Representative will meet and
engage in Negotiation. The City and the Exclusive Representative will fully consider any
proposals presented during Negotiation and will attempt to reach an agreement on the subjects of
Negotiation prior to the submission of the Mayor’s recommend budget to the City Council.
B.The scope of collective bargaining between the City and the Exclusive
Representative shall be restricted, shall not include those subjects which the City has no
authority to change, and shall not infringe on the City’s rights outlined in Section II of this joint
resolution. Negotiation will not include any issues already provided for by applicable law and,
similarly, this joint resolution shall not be construed to eliminate, restrict, or otherwise alter any
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rights provided by applicable law. Moreover, this joint resolution shall not be construed to
invalidate, modify, or otherwise alter any article of any MOU in effect as of the date of adoption
of this joint resolution.
C.If the City’s chief negotiator and the Exclusive Representative reach a tentative
labor agreement, they will jointly prepare a written MOU containing the terms of their
agreement. A written MOU is a joint recommendation which the City’s chief negotiator and the
Exclusive Representative will provide to the Mayor on or before May 15 of the calendar year in
which the existing MOU expires, or at a later date in the event Negotiation continues past May
15.
D.The written MOU will not be binding upon the City or the Exclusive
Representative, either in whole or in part, until the members of the Bargaining Unit have ratified
the MOU by a majority vote and until the City Council:
i)acts by majority vote to approve the MOU;
ii)enacts ordinances or makes other changes required to implement the
MOU; and
iii)appropriates the funds required to implement the MOU for each year of its
existence.
E.If the Bargaining Unit does not ratify the proposed written MOU, the City’s chief
negotiator and the Exclusive Representative will meet within ten (10) business days of the failed
ratification vote to review the basis for the failed ratification and attempt to determine if
additional Negotiation could result in a new labor agreement that could be ratified by the
Bargaining Unit.
F.While the MOU is pending before the City Council for action, the Exclusive
Representative, its individual members, and the Mayor shall not appear before the City Council
or its members to advocate for any amendment, addition, or deletion to the MOU’s agreed-upon
language.
G.Each MOU must contain a provision prohibiting strikes or lockouts. Each MOU
shall have a term of at least one calendar year. It is expressly understood that no MOU may or
can bind succeeding Mayors or City Councils.
H.An MOU will be enforceable when entered into and executed in accordance with
the provisions of this joint resolution. No publication of an MOU shall be required to make it
effective.
I.Nothing in an MOU shall prevent the City and the Exclusive Representative from
mutually identifying and discussing issues related to the terms and conditions of eligible
employees’ employment during the term of an existing MOU.
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VI.IMPASSE
A.If the City’s chief negotiator and the Exclusive Representative are unable to reach
an agreement by May 15 of the calendar year in which the existing MOU expires, either the City
or the Exclusive Representative may declare Impasse and the matter shall be submitted to the
Mayor and the City Council for review and resolution. The Mayor may recommend that the City
Council:
i)permit the City and the Exclusive Representative to continue Negotiation;
ii)implement a one-year compensation plan, to be proposed by the Mayor,
for the Bargaining Unit; or
iii)adopt the City's last formal offer presented in Negotiation for outstanding
proposals for a term not to exceed one calendar year.
In the event the Mayor recommends any of the foregoing approaches to resolving Impasse, any
existing tentative agreements reached during Negotiation shall stand as agreed upon.
B.In the event of Impasse, the City’s chief negotiator and the Exclusive
Representative may also (but are not required to) jointly ask the City Council for permission to
engage in mediation with an outside mediator. If the City Council grants the joint request to
mediate, the costs associated with any outside mediator shall be borne equally by the City and
the Exclusive Representative. If an outside mediator is engaged, the City’s chief negotiator and
the Exclusive Representative agree to participate in at least two (2) mediation sessions of at least
four (4) hours each within thirty (30) days of the mediator’s engagement. Mediation sessions are
considered closed sessions and, in the event mediation does not result in agreement for a
successor MOU, the provisions of Section VI(A) above apply.
VII.RECOGNITION OF EXCLUSIVE REPRESENTATIVE
A.Purpose:
The purpose of this section is to provide a uniform process for a Bargaining Unit to select
an Exclusive Representative.
B.Petition:
If members of a Bargaining Unit allege that their existing Exclusive Representative no
longer represents the interests of the members of the Bargaining Unit, they may file an original
and two copies of a petition with the City Recorder alleging that a new Exclusive Representative
should be recognized. The City has the exclusive right to deny any petition that includes
employees not referred to in Section II(A) above.
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C.Petition Filing Requirements:
To be considered, a petition must be filed between September 15 and October 15 of the
calendar year immediately preceding the calendar year during which the existing MOU expires.
For calendar year 2024 only, a petition must be filed between October 2 and November 1 to be
considered. A petition filed outside the time periods referenced above will not be considered. In
addition, a petition must contain a statement of interest of at least thirty-three (33) percent of the
total employee count of the classifications within the Bargaining Unit, including: i) a statement
outlining the basis of the petition; ii) a declaration and signature by the person(s) submitting the
petition that the contents of the petition are true and correct; iii) a list of the job classifications
seeking to change the Exclusive Representative; iv) the name and contact information of the
proposed new Exclusive Representative; and v) an affirmation of the numeric count of the
employee members of the Bargaining Unit who have signed the petition.
D.Petition Authentication:
Within ten (10) calendar days of its receipt of a petition, the City will provide a copy of
the filed petition to the existing Exclusive Representative of the Bargaining Unit. Within
fourteen (14) calendar days of its receipt of a petition, the City will evaluate whether the petition
preliminarily complies with the requirements set forth in Section VII(C) above. If the petition
does not comply with the requirements set forth in Section VII(C) above, the City will inform the
person(s) who filed the petition of the deficiencies and afford the person(s) five (5) business days
to rectify the deficiencies and submit a conforming petition.
If a petition (whether an original petition or conforming petition) preliminarily complies
with the requirements set forth in Section VII(C) above, the City will engage the services of a
third-party neutral (“TPN”) to authenticate the petition. The TPN’s initial responsibility is to
validate the required thirty-three (33) percent showing of interest and, in order to do so, the TPN
shall require the person(s) filing the petition to provide “Showing of Interest” forms/cards (in a
form substantially similar to the attached Exhibit A) to the TPN for verification. The City will
not review or otherwise have access to any Showing of Interest forms/cards provided to the TPN.
The City will provide the TPN with a list of current employees in the Bargaining Unit as
of the date the petition was filed. The TPN will authenticate whether at least thirty-three (33)
percent of the total number of current employees within the Bargaining Unit have submitted a
valid “Showing of Interest” form/card demonstrating their interest in being represented by a new
proposed Exclusive Representative as identified in the petition. The TPN has the authority to
invalidate deficient cards that are not complete or not eligible for the petition. If the TPN
authenticates a valid thirty-three (33) percent showing of interest, the matter will proceed to a
majority vote of the Bargaining Unit. If the TPN does not authenticate the petition, the TPN will
inform the City and the person(s) who filed the petition in writing that the petition cannot be
authenticated. A petition that is not authenticated cannot be refiled until the next window period
as set forth in Section VII(C) above.
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E.Election:
If a petition is authenticated by the TPN, the issue of which Exclusive Representative will
be recognized as the Exclusive Representative of the Bargaining Unit will proceed to a majority
vote of the members of the Bargaining Unit employed as of October 16 of the calendar year
immediately preceding the calendar year during which the existing MOU expires. The majority
vote will be scheduled, noticed, and occur during the time period between October 16 through
November 16 of the calendar year immediately preceding the calendar year during which the
existing MOU expires. For calendar year 2024 only, these dates will be November 2 and
November 2 through November 30, respectively. The vote will be by secret ballot submitted by
mail to the TPN and the form of the ballot will be in a form substantially similar to the attached
Exhibit B. The TPN will authenticate votes and provide the tally of votes in writing to the City,
the person(s) filing the petition, and the existing Exclusive Representative of the Bargaining Unit
by December 10 of the calendar year immediately preceding the calendar year during which the
existing MOU expires. For calendar year 2024 only, the tally of votes will be provided by
December 13.
F.Change in Exclusive Representative:
If the election referenced in Section VII(E) above results in a change of Exclusive
Representative, the change will become effective with the execution of the successor MOU. The
City will, however, initiate negotiations regarding the successor MOU with the new Exclusive
Representative in January of the calendar year during which the existing MOU expires.
VIII.COURT DECLARATION
Should any court declare any provision of this joint resolution void, invalid, illegal, or
unconstitutional, the entire joint resolution shall be deemed rescinded, repealed, and of no effect.
Passed by the City Council of Salt Lake City, Utah, this 1st day of October, 2024.
___________________________
Victoria Petro
CHAIR
ATTEST
_____________________________
CITY RECORDER
Victoria Petro (Oct 8, 2024 18:05 MDT)
i) 4 Tri.#(a) (Oct 15, 2024 14:41 MDT)
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Transmitted to Mayor on the _____ day of _______________, 2024.
_________________________________________
Erin Mendenhall
MAYOR
ATTEST
_____________________________
CITY RECORDER
Jaysen Oldroyd (Oct 8, 2024 17:31 MDT)
Jaysen Oldroyd
Senior City Attorney
Oct 8, 2024
ac#el Otto (Oct ш, 2024 10:20 MDT)
8aFKel OWWo
Cindy Tris#(an (Oct 1ф, 2024 14:41 MDT)
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Exhibit A:
Sample
Showing of Interest for
Exclusive Representation by a Labor Organization
I designate (name of labor organization) as the exclusive representative for the purpose of
collective bargaining with Salt Lake City Corporation. I understand that my signature may be
used to obtain affirmation/certification of the above-named labor organization as the exclusive
representative.
___________________ _______________
Printed Name Signature
Date:
Employee Classification/Job Title:
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Exhibit B:
Sample
Vote for
Exclusive Representation by a Labor Organization
(box) I vote to continue (name of existing Exclusive Representative) as the exclusive
representative for the purpose of collective bargaining with Salt Lake City.
(box) I vote to change to (name of labor organization) as the exclusive representative for the
purpose of collective bargaining with Salt Lake City.
I understand that my signature may be used to obtain affirmation/certification of the above-
named labor organization as the exclusive representative.
___________________ _______________
Printed Name Signature
Date:
Employee Classification/Job Title:
Revised Resolution 33 of 2024, Collective
Bargaining and Employee Representation Joint
Resolution
Final Audit Report 2024-10-15
Created:2024-10-08
By:Michelle Barney (Michelle.Barney@slc.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAqz51nL-_xc5TSqbCnnODLkW1fW-xJINt
"Revised Resolution 33 of 2024, Collective Bargaining and Empl
oyee Representation Joint Resolution" History
Document created by Michelle Barney (Michelle.Barney@slc.gov)
2024-10-08 - 11:26:04 PM GMT
Document emailed to jaysen.oldroyd@slcgov.com for signature
2024-10-08 - 11:29:27 PM GMT
Email viewed by jaysen.oldroyd@slcgov.com
2024-10-08 - 11:29:56 PM GMT
Signer jaysen.oldroyd@slcgov.com entered name at signing as Jaysen Oldroyd
2024-10-08 - 11:31:13 PM GMT
Document e-signed by Jaysen Oldroyd (jaysen.oldroyd@slcgov.com)
Signature Date: 2024-10-08 - 11:31:15 PM GMT - Time Source: server
Document emailed to victoria.petro@slcgov.com for signature
2024-10-08 - 11:31:18 PM GMT
Email viewed by victoria.petro@slcgov.com
2024-10-09 - 0:05:14 AM GMT
Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro
2024-10-09 - 0:05:35 AM GMT
Document e-signed by Victoria Petro (victoria.petro@slcgov.com)
Signature Date: 2024-10-09 - 0:05:37 AM GMT - Time Source: server
Document emailed to erin.mendenhall@slcgov.com for signature
2024-10-09 - 0:05:39 AM GMT
Email viewed by erin.mendenhall@slcgov.com
2024-10-09 - 1:09:45 PM GMT
Document signing delegated to rachel.otto@slc.gov by erin.mendenhall@slcgov.com
2024-10-09 - 1:10:05 PM GMT
Document emailed to rachel.otto@slc.gov for signature
2024-10-09 - 1:10:05 PM GMT
Email viewed by rachel.otto@slc.gov
2024-10-09 - 4:20:32 PM GMT
Signer rachel.otto@slc.gov entered name at signing as Rachel Otto
2024-10-09 - 4:20:52 PM GMT
Document e-signed by Rachel Otto (rachel.otto@slc.gov)
Signature Date: 2024-10-09 - 4:20:55 PM GMT - Time Source: server
Document emailed to cindy.trishman@slcgov.com for signature
2024-10-09 - 4:20:56 PM GMT
Michelle Barney (Michelle.Barney@slc.gov) added alternate signer Cindy Trishman (cindy.trishman@slc.gov).
The original signer cindy.trishman@slcgov.com can still sign.
2024-10-14 - 8:18:50 PM GMT
Document emailed to Cindy Trishman (cindy.trishman@slc.gov) for signature
2024-10-14 - 8:18:50 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slc.gov)
Signature Date: 2024-10-15 - 8:41:01 PM GMT - Time Source: server
Agreement completed.
2024-10-15 - 8:41:01 PM GMT