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HomeMy WebLinkAboutUpdated Resolution - 1/15/2026SALT LAKE CITY RESOLUTION No. ______ of 2026 (Approving a Memorandum of Understanding between the Salt Lake City Library Board and the American Federation of State, County, and Municipal Employees Local 1004, representing eligible employees, pursuant to the resolution governing collective bargaining and employee representation adopted by the Salt Lake City Library Board on January 29, 2025) A resolution approving a Memorandum of Understanding between the Salt Lake City Library Board and the American Federation of State, County, and Municipal Employees Local 1004, representing eligible employees, pursuant to the resolution governing collective bargaining and employee representation adopted by the Salt Lake City Library Board on January 29, 2025, which Memorandum of Understanding shall become effective upon proper ratification and signature. PREAMBLE The Salt Lake City Library Board and the American Federation of State, County, and Municipal Employees Local 1004, representing eligible employees, have agreed to a Memorandum of Understanding (the “MOU” attached hereto as Exhibit “A”) pursuant to the resolution governing collective bargaining and employee representation adopted by the Salt Lake City Library Board on January 29, 2025 (the “Collective Bargaining Resolution) - which MOU shall become effective upon proper ratification and signature. Section 8 of the Collective Bargaining Resolution provides that a memorandum of understanding will not be binding upon the parties until the City Council by majority vote ratifies such memorandum of understanding. Section 8 of the Collective Bargaining Resolution also provides that the economic terms of such memorandum of understanding will not be binding upon the parties until the City Council appropriates the funds required to implement that memorandum of understanding. 2 The attached Memorandum of Understanding is a three-year agreement effective for fiscal years 2027-2029. The Memorandum of Understanding is subject to appropriation of funds by the City Council, and the City Council hereby reserves the right to consider the appropriation of such funds as are necessary to implement the provisions of this Memorandum of Understanding, as part of the municipal budget proceedings that correspond to each of the fiscal years at issue. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this resolution is to approve and ratify the Memorandum of Understanding between the Salt Lake City Library Board and the American Federation of State, County, and Municipal Employees Local 1004, representing eligible employees, that is attached hereto as Exhibit “A”. SECTION 2. The attached Memorandum of Understanding is hereby approved and ratified. However, the City Council does not address the appropriation of funds at this time and instead reserves the right to consider the appropriation of such funds as are necessary to implement the provisions of this Memorandum of Understanding as part of the pertinent municipal budget proceedings that correspond to the fiscal years at issue. SECTION 3. AUTHORIZATION. The Library Board of Salt Lake City is hereby authorized to act in accordance with the terms and conditions of the attached Memorandum of Understanding between the Salt Lake City Library Board and the American Federation of State, County, and Municipal Employees Local 1004, assuming that the Memorandum of Understanding is properly ratified and signed and that all such actions take place within the pertinent time periods specified in such Memorandum of Understanding. 3 SECTION 4. EFFECTIVE DATE. This Resolution shall be deemed effective on the date of publication Passed by the City Council of Salt Lake City, Utah, this ____ day of January, 2026. CHAIRPERSON ATTEST: CITY RECORDER Transmitted to the Mayor on __________________________. Mayor’s Action: _____Approved. _____Vetoed. ______________________________ MAYOR ATTEST: _______________________________ CITY RECORDER (SEAL) Bill No. _______ of 2026. Published: ____________________ (2025.12.30.Library.Collective Bargaining MOU) Salt Lake City Attorney’s Office Approved as to Form Date:_December 30, 2025_ By: /s/Jaysen Oldroyd Senior City Attorney 4 EXHIBIT A COLLECTIVE BARGAINING AGREEMENT Salt Lake City Public Library & American Federation of State, County, and Municipal Employees Local #1004 Upon Execution to June 30, 2029 TABLE OF CONTENTS Scope of Agreement........................................................................................................................1 Article 1: Recognition.....................................................................................................................1 Article 2: Union Membership and Dues.........................................................................................2 Section 1: Eligible Employees' Rights........................................................................................2 Section 2: Union Business and Membership Dues.....................................................................2 Section 3: Association Rights and Obligations/Union Stewards...............................................3 Article 3: Management Rights.........................................................................................................5 Section 1: Management Rights...................................................................................................5 Section 2: Limitations of this Agreement...................................................................................5 Article 4: Strikes and Work Stoppages............................................................................................5 Article 5: Hours of Work.................................................................................................................6 Section 1:.....................................................................................................................................6 Section 2: Overtime.....................................................................................................................6 Section 3: Rest Periods...............................................................................................................7 Section 4: Meal Periods...............................................................................................................7 Section 5: Work Schedules.........................................................................................................7 Section 6: Minimum Hours on a Workday.................................................................................7 Section 7: Remote Work.............................................................................................................7 Section 8: On-Call Assignment...................................................................................................8 Section 9: Call Back....................................................................................................................8 Article 6: Sick Leave.......................................................................................................................8 Section 1: Sick Leave Accrual.....................................................................................................8 Section 2: Use of Accrued Sick Leave.......................................................................................8 Section 3: Bereavement Leave...................................................................................................9 Section 4: Sick Leave Conversion..............................................................................................9 Section 5: Payment upon Separation........................................................................................10 Article 7: Vacation.........................................................................................................................10 Section 1....................................................................................................................................10 Section 2: Use of Accrued Vacation.........................................................................................11 Section 3: Vacation Accrual Maximum....................................................................................11 Section 4: Accruals Upon Separation.......................................................................................11 Article 8: Holidays.........................................................................................................................11 Article 9: Leaves of Absence.........................................................................................................12 Section 1: Leave Without Pay...................................................................................................12 Section 2: Jury Duty..................................................................................................................12 Section 3: Military Leave..........................................................................................................12 Article 10: Compensation..............................................................................................................12 Section 1: Wage Schedule.........................................................................................................12 Section 2: Pay Periods..............................................................................................................13 Section 3: Assignment to Work in a Higher Classification......................................................13 Section 4: Bilingual Premium....................................................................................................13 Section 5: Parental Leave Pay..................................................................................................13 Article 11: Health and Life Insurance/Workers Compensation....................................................14 Section 1: Life, Accidental Death and Dismemberment, Dental, and Health Insurance...........14 Section 2: Long and Short Term Disability...............................................................................14 Section 3: Workers’ Compensation...........................................................................................14 Article 12: Retirement..................................................................................................................15 Section 1: Utah Retirement System (URS)..............................................................................15 Section 2: Deferred Compensation...........................................................................................15 Article 13: Corrective Action and Discipline...............................................................................15 Section 1:...................................................................................................................................15 Section 2: Notice of Investigatory Interview............................................................................16 Section 3: Pre-Disciplinary and Name-Clearing Meeting........................................................16 Section 4: Imposition of Formal Disciplinary Action..............................................................16 Section 5: Timing.....................................................................................................................16 Article 14: Grievances...................................................................................................................17 Section 1: Contractual Grievance..............................................................................................17 Section 2: Discipline Grievance Process...................................................................................18 Section 3: Timelines..................................................................................................................18 Article 15: Probationary Periods...................................................................................................18 Section 1: New Hires.................................................................................................................18 Section 2: Employees promoted within the Bargaining Unit....................................................19 Section 3: Employees promoted to a higher classification not within the Bargaining Unit......19 Article 16: General Provisions.....................................................................................................19 Section 1: Personnel Records....................................................................................................19 Section 2: Tuition Reimbursement............................................................................................19 Section 3: Travel and Mileage..................................................................................................19 Section 4: Training....................................................................................................................20 Section 5: Miscellaneous..........................................................................................................20 Section 6: Labor Management Meetings..................................................................................20 Section 7: Safety Training........................................................................................................20 Section 8: Critical Incident........................................................................................................20 Section 9: Transfers and Job Postings......................................................................................21 Article 17: Seniority and Layoffs.................................................................................................21 Section 1: Definition.................................................................................................................21 Section 2: Layoffs.....................................................................................................................21 Section 3: Recall.......................................................................................................................22 Section 4: Loss of Seniority......................................................................................................22 Article 18: Limitation of Provisions.............................................................................................22 Article 19: Term of Agreement.....................................................................................................23 Appendix A – Hourly Rate of Pay.................................................................................................24 Scope of Agreement THIS AGREEMENT is entered into by and between the Salt Lake City Public Library (Library) and AFSCME Local #1004 (Union) setting forth the full and complete agreement between the Library and the Union for eligible employees. This Agreement is subject to the terms and conditions of the Resolution (January 29, 2025), unless otherwise negotiated in this agreement. Labor matters specifically addressed by this agreement supersede the employee handbook, however, the handbook may clarify additional details of a contractual provision. Matters of employment not addressed by this agreement are controlled by the Employee Handbook at the discretion of the Library. Article 1: Recognition The Salt Lake City Library (Library) as a public employer recognizes AFSCME Local 1004 as the exclusive representative (Union) for negotiation of hours, wages and other conditions of employment for eligible Library employees (Employee/s) as recognized by resolution dated January 29, 2025. Eligible Employees represented by the Union are those employees who are regularly scheduled as a full-time or part-time classification/position, including if serving a probation period, that is not management, executive, supervisory or confidential employee all as defined by the Resolution Section 1(c), or a substitute employee. For the purposes of this agreement, reference to employee means "Eligible Employee" as defined in this paragraph. Full-time employees are those employees who are scheduled to work 40 hours per week. Part-time employees are those employees who are scheduled to work less than 40 hours per week. A “substitute" employee is any employee whose employment does not offer or imply an expectation of continued employment, including substitute, temporary, seasonal, or casual employee. For the purposes of this agreement: ● A temporary employee is a position that does not exceed 1040 hours worked in a one year period. ● A seasonal employee is a position that does not exceed 1040 hours worked in a 6 month period. ● A paid intern, who is limited to 30 hours per week not to exceed 11 consecutive months. ● A substitute employee is a non-regularly scheduled employee wherein the employee may be contacted to work on an ad-hoc basis and who can deny a request to report to work. Substitute positions must work at least 18 hours in the previous three (3) calendar months to be considered eligible for additional substitute, with the occasional exception for taking approved leave without pay. Employees who do not meet this minimum are released from employment with loss of seniority and are no longer eligible for substitute call work without reapplication for employment. Part-time employees accrue leave benefits based on the number of regularly scheduled work hours per week divided by forty (40) hours. For example, for holiday time accrual an employee who is regularly scheduled to work 15 hours per week, Monday through Friday, is prorated at 15/40, which is then multiplied by the respective accrual rate for sick and vacation leave. Sick and vacation accruals are calculated to the hundredth (.00). For the purposes of this agreement, all part-employee benefits are pro-rated unless otherwise specified as not pro-rated. Article 2: Union Membership and Dues Section 1: Eligible Employees' Rights Eligible employees have the right to join and participate in AFSCME’s activities subject to the Resolution for representation on all matters of employee relations or to refuse to join or participate in AFSCME activities. Eligible employees also have the right to represent themselves individually in their employment relations with the Library. AFSCME agrees that it will not restrain or coerce any eligible employee in the exercise of their rights and will not discriminate against any eligible employee because of membership or non-membership or activity or non-activity with AFSCME. Regardless of membership or non-membership in the Union, nothing in this agreement precludes a Library employees covered by this agreement from bringing matters of personal concern to the attention of the appropriate officials in accordance with applicable law, regulations, or established policy; or from having and enjoying all employment rights and benefits granted by the Library whether or not they are members of the Association. Section 2: Union Business and Membership Dues 1. Union business, such as soliciting membership, electing officers, membership meetings, and posting and distributing literature will be conducted on an Eligible Employee's personal time and will not interfere with Library operations. 2. Authorization of Payroll Deduction. Effective the month following execution of this agreement, the Library agrees to honor all lawful authorizations for payroll deduction of payments (twice per month) to the union and to remit such payments promptly to the Union pursuant to receipt of written authorization (form as provided by the Union) from the employee submitted to payroll through the Library's HRIS system. An employee’s authorization for payroll deduction of union dues will be implemented in the pay period following the written submission. Upon written revocation by an employee to discontinue dues payments, as submitted to payroll, the Library will discontinue dues payments in the pay period following the written submission. With each payment of dues to the Union, the Library will provide a list of all bargaining unit members, including new hires, wage rate, and job title. The Union agrees to indemnify, defend and hold the Library harmless against any claims made or suits against the Library as a result of dues payments and payroll deductions. Union acknowledges that dues payments are not for political purposes consistent with Utah law. Section 3: Association Rights and Obligations/Union Stewards 1. The Union agrees to represent the interests of all eligible employees in good faith. 2. The Union agrees it will provide the same representation to all eligible employees without discrimination and without regard to whether the eligible employee is a Union member. 3. The Union has the right to present its views to the Library either orally or in writing by means of communication with the CEO or management designee. 4. The Library agrees to recognize up to ten (10) Library employee Union representatives (Stewards) as the designated representatives of the Union, not including AFSCME Union representatives that are not Library employees. The Union will provide the Director of Employee Relations, or designee, the names of its designated Stewards in writing quarterly. The names of the Stewards will be posted by the Union on appropriate bulletin boards in the work location. 5. Employees shall not be represented in their employment relations under this agreement with the Library by an agent or representative of any employee organization other than the recognized Union. 6. Time spent representing Library employees by Stewards during attendance as Stewards to meetings with the Library management personnel for investigative interviews, grievance meetings, Labor Management Meetings, new employee orientation, disciplinary interviews and pre-disciplinary meetings, or related disciplinary matters is not working time and shall not be compensated, unless such representation takes place during the Steward's regularly scheduled working hours, subject to applicable law. Excluding labor management meetings, attendance for meetings noted in this section is limited to two (2) AFSCME Stewards. Stewards will provide advanced notice and secure permission from their Supervisor for attending the meetings noted in this section. Such permission will not be unreasonably denied. Upon conclusion of attending these meetings, the Steward will report their return to work to their supervisor. 7. Successor Contract Collective Bargaining Sessions. The Union may have up to four (4) bargaining unit members in attendance for bargaining sessions in successor contract bargaining. Union employee bargaining team members will be considered on paid time if regularly scheduled to work during the scheduled session for the first ten (10) bargaining sessions. If not regularly scheduled to work, employees will not be compensated by the Library. Bargaining attendance will not result in the payment of overtime to any bargaining team member. 8. Union Leave. Upon written request from the Union, and subject to operational needs, the Library may grant up to two (2) employees the use of accrued vacation, or if exhausted, unpaid leave for Union members to attend conventions, training, or other official Union functions. Requests must be submitted at least thirty (30) calendar days in advance and will not be unreasonably denied. 9. Bulletin Board. The Library will provide the Union with designated space on an existing bulletin board, or a mutually agreed-upon location, for posting official Union notices. The size and placement of such space will be determined by mutual agreement between the Library and the Union, taking into account operational and considerations. All materials posted must be limited to official Union business and shall not contain defamatory, discriminatory, or political content, or anything inconsistent with Library policies. The Library reserves the right to remove any material it deems inconsistent with these standards. Posting of materials shall occur during non-work time, such as before or after shifts, during breaks, or meal periods. 10. Bargaining Unit Information. Monthly, the Library will provide the Union, in Excel or similar format, a list of employees in the bargaining unit that includes the following information, consistent with the Utah Government Records Access and Management Act (GRAMA): ● Employee name ● Job title / classification ● Department or work location ● Hire date ● Hourly rate or annual salary ● Library-issued work email address ● Union dues payments The Library may require up to ten (10) business days to compile such data. 11. New Employee Orientation. The Library generally conducts one new employee orientation monthly. The Library will provide the Union with the opportunity to meet with new employees who are part of the bargaining unit at the conclusion of their new employee orientation. The purpose of this meeting is for the Union to introduce itself and provide information about Union membership and representation. The Union’s participation shall be limited to thirty (30) minutes and will take place at the end of the Library’s orientation program. The 30 minutes period for the new employee will be on paid time, subject to applicable law. During this time, two (2) Union representatives may address new bargaining unit employees. The Library will provide the Union with reasonable advance notice of orientation sessions that include bargaining unit employees to allow for planning and attendance. The specific time and format of the Union’s participation shall be scheduled by the Director of Employee Relations to ensure the session proceeds smoothly and without disruption to the orientation schedule. Article 3: Management Rights Section 1: Management Rights Except as specifically changed by the terms of this agreement, the Library retains the exclusive right to decide how to manage its employees and to direct its operations, the Library has the exclusive right to determine the role of each of its branches, departments, and divisions, consistent with Utah statutes and regulations and the provisions of this Resolution; to set standards of service to be offered to the public; and to exercise control and discretion over its organization and operation. It is the exclusive right of the Library, subject to the Library Board and Salt Lake City budgeting processes, to: 1. Hire, direct, assign, and schedule the work of its employees; 2. Establish job positions and classify its employees for compensation purposes; 3. Evaluate employees, use corrective actions, and impose disciplinary action for proper cause; 4. Relieve, reassign, or reclassify its employees from duty because of lack of work, lack of funds, as a result of a reorganization, or any other legitimate reason; 5. Determine staffing levels and budget positions including full or part time, temporary, on-call, casual, including demotion and reassignment of classification; 6. Maintain the efficiency of its operations; 7. Determine the method, means and personnel by which the Library's operations are to be conducted; and 8. Take whatever actions the Library deems necessary to carry out its responsibilities in emergency situations. Emergency situations include, but are not limited to, public emergencies (i.e. storm, fire, or security threats), threats to safety of employees or patrons, operational emergencies (i.e. lack of product or financial credit), and other major unforeseen events affecting the Library requiring immediate action. Section 2: Limitations of this Agreement. These terms and provisions of this agreement are subject to the limitations, terms, and conditions of the Resolution and any applicable federal or state law. Negotiations will not include any issues already required by Utah law; however the parties shall be permitted to bargain over subjects addressed by Utah law provided that no direct conflict results. Article 4: Strikes and Work Stoppages AFSCME agrees that continuous and uninterrupted service by the Library and its employees to the public are the essential considerations for this agreement. AFSCME agrees that it will not engage in, or encourage, strike activities. “STRIKE” means: ● The concerted failure to report for duty ● The concerted absence of employees from their positions ● The concerted stoppage of work ● The concerted submission of resignations The concerted abstinence, in whole or in part, by any group of employees from the full, faithful and proper performance of the duties of employment for the Library for the purpose of inducing, influencing, condoning or coercing a change in the terms and conditions of employment, including sick calls, sick-outs, or any other concerted interference with services provided by the Library, or the collective concerted withholding of services or the performance of duties by any person or persons pending the signing of contracts, including those persons who are customarily employed on a yearly contract basis. If an eligible employee violates this Article, the Library may, in addition to any other lawful remedies, discipline the eligible employee involved in the violation. AFSCME acknowledges the affirmative duty to take immediate, appropriate, and effective affirmation action to end an employee strike, work stoppage, or alike as described in this Article, to the extent reasonably possible. AFSCME acknowledges that this discipline could include termination of the eligible employee’s employment. Furthermore, no eligible employee will receive any benefits or wages while they are engaged in a strike, work stoppage, or other interruption of work. Article 5: Hours of Work Section 1: Full-time eligible employees are those non-probationary employees regularly scheduled to work 40 hours per seven (7) day work week. Part-time eligible employees are those non-probationary employees regularly scheduled to work less than 40 hours per week. This section does not limit or prevent the Library from changing or establishing work schedules based on operational need. The work week is considered from Sunday morning (00:00) to Saturday 11:59 pm. Eligible full-time employees may be assigned a regular work week schedule including a 5/8 or 4/10 schedule or be assigned a flexible schedule as determined by the Library. Section 2: Overtime FLSA non-exempt full-time and part-time employees who are assigned and who work more than 40 hours in a work week will be paid overtime at time and one-half of the employee's regular rate of pay for all hours worked over 40 hours in the work week. Overtime is paid by to the nearest next quarter hour. Employees must be authorized by a supervisor before working overtime. Use of any paid accrued leaves, including but not limited to sick, vacation, bereavement, paid parental, and holiday time do not count as hours worked. Overtime is not paid for using any accrued leaves or for any hours not worked. Overtime will not be paid twice for the same hours worked (aka: no pyramiding). Employees should have no expectation of continued overtime opportunities. The Library reserves the right to assign work performed by classifications within this agreement to supervisory and management personnel when needed and subject to operational need. Overtime is not paid for classifications designated as FLSA exempt. Section 3: Rest Periods An eligible employee will receive a fifteen-minute rest period during each four (4) hour work period. The rest period will be included within the work shift unless there are extraordinary circumstances preventing a break. Operational needs will determine when an eligible employee receives a break. An eligible employee’s rest periods will be counted as time worked when calculating overtime. The Library will make a reasonable effort to provide breaks near the middle of each four (4) hour work period. An eligible employee may not combine rest periods and/or meal periods. An eligible employee who chooses not to take a break or is required by unforeseen circumstances to work during a break will not receive additional compensation. Section 4: Meal Periods An eligible employee will have a 30 minute unpaid meal period during each work shift in excess of six (6) hours. Library departments will schedule the lunch period based on operational needs. An eligible employee will only be paid for the lunch period if required to be on the work site or to perform any work during the lunch period as assigned by a supervisor. In such cases, instead of being paid for working during a lunch period, as assigned, an eligible employee may request to end the work shift early by the same number of minutes worked during the lunch period. Section 5: Work Schedules Department managers will post schedules by the 15th of the prior month. Employees are encouraged to provide department managers advance notice of scheduling concerns that affect the employee's ability to report to work. Department managers will make best efforts to schedule employees in consideration of employee requests, seniority in classification, and subject to operational need. Scheduling is determined at the discretion of the Department manager or designee. Due to operations, parties acknowledge that scheduling includes weekend and evening hours. Section 6: Minimum Hours on a Workday Any employee who reports for work at their regularly scheduled time and for whom no work is provided shall be compensated for not less than three (3) hours pay at their regular rate. This provision does not apply if an employee reports to work and then subsequently leaves work for illness or related reasons. Section 7: Remote Work The Library acknowledges that particular work duties for some classifications permit remote work opportunities. The Library and Union agree that some classifications are not eligible for remote work. The Library will review requests for remote work opportunities on a case by case basis in consideration of the work duties performed and operational needs of the Library. Employees may request for remote work opportunities in writing to their Department manager. The Library will review requests and provide written responses consistent with Library policy. Section 8: On-Call Assignment Due to various operational needs, employees within the classification of Maintenance Technician may be assigned to be "on-call" for the purpose of reporting to work when not regularly scheduled. Employees assigned on-call must be readily available to promptly report to work within 45 minutes, subject to a reasonable time period dependent on commute conditions. Employees are expected to answer an on-call notice promptly, generally within 5-10 minutes of notification. On-call assignments will be based on a rotation of eligible employees assigned. Employees assigned on-call status will be compensated at the rate of fifty dollars ($50) for each day assigned. A daily assignment is for up to a 24-hour period. This provision does not preclude management members covering on-call conditions and responding to calls for service. Section 9: Call Back Due to various operational needs, employees within the classification of Maintenance Technician may be called-back to report to work outside their regular work hours. When called back to work, an employee is expected to make reasonable efforts to perform the tasks associated with a call-back, however, in the event an employee does not feel capable of performing the task, the employee will contact the appropriate available supervisor. When called back to work to respond to a worksite facility, an employee will be compensated a minimum of 2 hours pay, at the employee's regular rate, or overtime if applicable. A call-back begins from the moment the employee begins their commute to respond to the work call location and ends upon conclusion of the work duty. A return commute is not compensated. Except in an emergency, an employee shall be released from duty upon cessation of the event that required the call back. Employees responding to a work-initiated phone call or virtual meetings for more than 5 minutes when off duty will be compensated in a minimum increment of 15 minutes overtime. Calls or virtual meetings of 5 minutes or less are considered insubstantial. Employees performing call-back duty will log their time and the duties performed. This provision does not preclude management members covering on-call conditions and responding to calls for service. Article 6: Sick Leave Section 1: Sick Leave Accrual Full-time employees accrue sick leave at the rate of 3.70 hours per pay period (bi-monthly) upon date of hire. Part-time employees accrue pro-rated sick leave as defined in Article 1. Effective July 1, 2026, the sick leave maximum accrual for full time employees will be 640 hours. Upon reaching the maximum accrual, employees will no longer accrue leave until the accrual is below the maximum. For those employees hired before July 1, 2026, they may maintain their current balance over 640 hours, however, no additional sick leave will be accrued until the balance falls below the 640 maximum value. Section 2: Use of Accrued Sick Leave Sick leave is offered to prevent a loss of income should an employee be unable to perform their work because of physical or mental health, injury, pregnancy, childbirth or adoption, or for emergency care of ill or injured immediate family members (as defined by the handbook for sick leave), including medical appointments. (For example: Father, mother, grandparents, sister, brother, husband, wife, children, or grandchildren. It also includes step relations, and in-laws, and domestic partners to the same degree of relationship - 2014 Library Handbook) Employees may use sick leave for qualifying events under FMLA. Employees who are not FMLA eligible may use sick leave as accrued. When taking leave under this Article, employees are required to use accrued sick leave prior to using other accrued leaves, and employees are required to exhaust all accrued leaves prior to any leave of absence without pay. Employees are expected to notify their supervisor/manager with reasonable advance notice and prior to their work shift if seeking the use of accrued sick leave. If extraordinary circumstances prevent the eligible employee from notifying their supervisor, the eligible employee will contact the supervisor as soon as reasonably possible. When an employee uses sick or other accrued leave during a workweek, the employee's combined work hours and accrued leave hours used may not exceed their regular assigned hours, unless otherwise assigned in writing to additional work hours. A medical release to return to work may be required to return to work. The Library will follow all applicable law in designating leaves under the FMLA or other. A note from a medical provider may be required to support extended, frequent, unusual, or patterned use of sick leave usage. Excessive use or abuse of sick leave may result in disciplinary action. Employees are encouraged to contact People and Culture for assistance for eligibility questions regarding the use of sick leave. Section 3: Bereavement Leave In the event of the death of an immediate family or household member, an employee may be excused for up to five (5) regularly scheduled workdays in full day increments per event. In the event of the death of an extended family member, an employee may be excused for one (1) scheduled workday. Subject to manager approval, an employee may use accrued sick leave for an absence longer than provided in this section. The use of paid bereavement leave under this section must be used within 60 days of the passing, or as approved in writing in advance by a supervisor. Section 4: Sick Leave Conversion Consistent with the Library handbook, an employee who has accrued 55 days (440 hours) of sick leave accruals and who has at least 60 months on continuous employment with the Library, is eligible to convert a portion of their accrued sick leave. Part-time employees receive a prorated conversion value once reaching 440 hours of accrued sick leave. If the employee has used four (4) or less sick days leave during the previous fiscal year (ie: July 1 to June 30th the next year), the employee may elect accrued sick days to vacation as follows: Number of Sick Days Used Conversion to Vacation No sick days used Five (5) days One (1) sick days used Four (4) days Two (2) sick days used Three (3) days Three (3) sick days used Two (2) days Four (4) sick days used One (1) day Five (5) or more sick days used No conversion For conversion purposes, a day is the equivalent payment of 8 hours pay and a fraction of a day of sick leave used will be counted as a full day of sick leave when totaling the use of accrued sick leave for the fiscal year. Part-time employees are prorated as noted in Article 1. Employees must submit a request to People and Culture for conversion during June. If approved, conversion will be applied in July. Current year conversion to July will be included in the vacation maximum balance. Section 5: Payment upon Separation Employees are not eligible for payment of accrued sick leave upon separation of employment, unless the employee has completed 15 years (180 months) of continuous employment with the Library prior to July 1, 2013, and the employee retires under URS or is laid off consistent with policy. This payment is limited to 25% of the employees accrued sick leave up to 1080 hours. This provision expires July 1, 2028. Article 7: Vacation Section 1 Full-time employees earn accrued vacation based on the employee's most recent benefit-eligible hire date as follows: Years of Service Accrual Rate Date of hire - 12 months completed 13 days per year 13 months - 60 months completed 19 days per year 61 months - 144 months completed 23 days per year 145 months- 240 months completed 26 days per year A day is considered 8 hours of accrual Part-time employees accrue pro-rated sick leave as defined in Article 1. New and rehired employees will be placed at the vacation tier including prior years of service in a similar job classification as determined by the Library. Section 2: Use of Accrued Vacation Employees may request the use of accrued leave by submitting their written request to their supervisor or manager. Employees are encouraged to request use of accrued leave with as much advanced notice as possible. If an employee provides at least 28 days prior notice for a vacation request, the Library will provide a written response to the employee within 10 days. Approval is at the discretion of the Library based on operational need and requests are granted on a first come first served basis. Employees may not request vacation time in excess of earned accruals at the time of the request or for time off more than 18 months in advance, unless granted by a Department Head under special circumstances. Denials of vacation request will be in writing with explanation. Section 3: Vacation Accrual Maximum Vacation accruals are limited to a maximum of one and one-half year of annual vacation accrual. When the maximum accrual is reached, an employee no longer accrues vacation until the accrued time is less than the maximum. Any sick leave conversion to vacation counts towards this maximum. Section 4: Accruals Upon Separation Upon separation of employment, employees will be compensated for any unused vacation accruals not exceeding the maximum. The payment will be in the employee's final paycheck. Article 8: Holidays The Library recognizes 12 paid holidays per calendar year as identified by policy. When a holiday day falls on an employee's day off, the employee will be allowed to schedule an alternative day off as agreed upon by their supervisor. For reference, by policy the 12 paid holidays are: ● New Years Day (January 1) ● Martin Luther King, Jr. Day (Third Monday in January) ● President's Day (Third Monday in February) ● Memorial Day (Last Monday in May) ● Juneteenth National Independence Day (observed on June 19) ● Independence Day (July 4) ● Pioneer Day (July 24) ● Labor Day (First Monday in September) ● Thanksgiving Day (Fourth Thursday of November) ● Day after Thanksgiving (Fourth Friday of November) ● Christmas Eve (December 24) ● Christmas Day (December 25) Part-time employees accrue pro-rated leaves as defined in Article 1. For full time employees scheduled to work Easter Day, for which the Library is closed, the employee will receive 8 hours pay for that date pro-rated for part-time employees. At the discretion of the Library, the Library may close on any given other holiday not listed above. In such event, an employee may either work an additional day in the work week as approved by a supervisor or elect to use vacation leave. Article 9: Leaves of Absence Section 1: Leave Without Pay A leave of absence without pay may be granted for a full-time employee not to exceed 180 days. Requests for a leave of absence without pay should be submitted to the employee's supervisor. Approval is at the discretion of the CEO. A leave of absence without pay for a full-time employee may require the employee to have exhausted all eligible accrued leaves. Employees must use unpaid leave to fulfill political offices. Section 2: Jury Duty Employees summoned to appear for jury duty or subpoenaed to appear as a witness on behalf of the Library will be paid their normal working hours while serving. Employees may keep court or witness fees received. Employees are expected to provide notice to the Library upon receipt of the summons or subpoena. If released from jury duty or as a witness during their normal working hours, the employee is expected to promptly return to work or arrange for leave time for the balance of their normal working hours. Section 3: Military Leave The Library will provide military leave in accordance with USERRA and applicable law. Article 10: Compensation Section 1: Wage Schedule ● Effective July 1, 2026, employees will be paid the hourly rate for their classification based on Appendix A, Hourly Rate of Pay. Steps are 2.5% apart. ● Effective the first full pay period in August 2026, Step 1 of Appendix A will be increased by 3%. Steps are 2.5%. ● Effective the first full pay period in August 2027, Step 1 of Appendix A will be increased by 3%. Steps are 2.5%. ● Effective the first full pay period in August 2028, Step 1 of Appendix A will be increased by 3%. Steps are 2.5%. New employees will be placed on the step commensurate to their work experience in similarly related positions subject to management discretion. For non-probationary employees, step increases occur August 1 each calendar year, up to the top of the step scale. Step increases are subject to satisfactory performance evaluations. Section 2: Pay Periods Employees will be paid a base hourly rate for their classification for all hours worked as provided by the hourly wage schedule in Appendix A. Employees are paid bi-weekly (every alternating Friday). Section 3: Assignment to Work in a Higher Classification An employee assigned in writing by a Department Head and approved by People and Culture to perform the duties of a manager or supervisor at a higher classification than the employee for five (5) or more consecutive calendar days will be paid an additional incentive of 5% of their base rate of pay for all hours worked in the assigned capacity. The premium will not be paid when using accrued leaves. An employee assigned in writing by a Department Head and approved by People and Culture to perform the duties of a higher classification within the bargaining unit for five (5) or more consecutive calendar days will be paid an additional incentive of 3% of their base rate of pay for all hours worked in the assigned capacity. The premium will not be paid when using accrued leaves. Section 4: Bilingual Premium The Library recognizes the added value to provide better services with employees who speak different languages. Consistent with policy, employees who complete a test to demonstrate bilingual proficiency in one of 11 languages, including American Sign Language, will be paid and additional $0.50 per hour, or $1.00 per hour for Spanish, for all hours worked, or for FSLA exempt employees, a salaried equivalent. Payment will begin the pay period following approved proficiency by the Library. Section 5: Parental Leave Pay Consistent with policy, employees may receive up to 30 workdays when working a 5/8 schedule or 24 workdays when working a 4/10 schedule of paid parental leave to be taken in full day increments for the birth, adoption or placement of a child as a parent of the child. This provision is prorated for flexible schedules and prorated for part-time employees as noted in Article 1. Article 11: Health and Life Insurance/Workers Compensation Section 1: Life, Accidental Death and Dismemberment, Dental, and Health Insurance 1. The Library will make available health, dental and vision insurance to full-time employees in the bargaining unit upon the terms and conditions as may be from time to time determined by the Library. The Library will make available life, accidental death and dismemberment insurance to full-time employees in the bargaining unit upon the terms and conditions as may be from time to time determined by the Library. 2. Premium Cost Sharing. For those full-time employees electing employee only coverage, the Library will contribute 100% of the health and 50% of the lowest dental insurance premium. For those employees electing employee and at least one dependent or more, the Library will contribute 90% of the monthly health premium and 50% of the lowest dental premium. The employee will pay the remaining premium through payroll deduction biweekly, except for a third pay period of the month, consistent with the pay periods. Regular part-time employees are not eligible for benefits. 3. Employee Assistance Program. The Library offers an Employee Assistance Program by an outside independent firm with benefits as provided at the discretion of the Library. 4. Health Savings Account. The Library will contribute $1,000 to an individual employee's Health Savings Account (HSA) if electing employee coverage. The Library will contribute $2,000 to an individual employee's HSA if electing coverage for employee and at least one dependent. HSA contributions are prorated monthly and are paid the pay period that includes the first day of the month. HSA contributions are prorated proportionally based on the month of hire throughout the calendar year for new hires. If a full time employee is not eligible for an HSA account, the Library will make the same contributions to the employee's individual Flexible Spending Account (FSA) account. 5. Telehealth Plan. The Library will make available a telehealth plan for all part-time employees. The Library will pay the monthly premium for those employees who enroll. Section 2: Long and Short Term Disability 1. The Library provides Long Term coverage for full-time employees. 2. The Library makes available a Short Term Disability for full-time employees at the option and purchase by the full-time employee. Section 3: Workers’ Compensation 1. The Library provides worker's compensation coverage as required by the Utah's Worker's Compensation Act. At the request of an employee, for an accepted claim, eligible employees may elect to use accrued paid leaves to make up the difference between the amount the employee receives as worker's compensation payments by the carrier and the eligible employee's net wages monthly/bi-weekly. The Library offers light duty opportunities when available. Article 12: Retirement Section 1: Utah Retirement System (URS) The Library will make employer contributions to URS consistent with applicable law and as directed by URS. Section 2: Deferred Compensation The Library makes available a deferred compensation plan for employees. Employees are responsible to initiate their own accounts. For those employees employed after July 1, 2011 who elect the defined benefit plan, as provided by URS, the Library will contribute 0.81% of an employee's rate of pay towards the individual employees deferred compensation plan (401k). Note: This is in offset to the URS 0.81% employee required contribution to URS. Article 13: Corrective Action and Discipline Section 1: The Library agrees to act in good faith in the discipline of any employee. Depending on the severity of the violation involved and the employee's past record, formal disciplinary actions for cause are limited to written reprimand, suspension without pay, demotion, or discharge. For cause is satisfied upon a showing of substantial evidence that supports the findings of misconduct or policy violation and when the disciplinary sanction imposed is consistent and proportional to the nature of the conduct. The Library will generally follow principles of "progressive discipline," however, no prior disciplinary action shall be deemed necessary based on the egregiousness of the totality of the circumstances, including, but not limited to, examples of criminal conduct, theft, dishonesty, using or being under the influence of alcohol or controlled substance during working hours; gross negligence; egregious violations of professional ethics, failure to follow lawful directives resulting in loss of property, harm or injury; violence or other misdeeds similar as to the seriousness of their impact on the employer-employee relationship. Non-Disciplinary Corrective Actions. Corrective Actions and Counseling documents, such as notices of corrective actions, counseling, coaching, verbal warnings (even if repeated in writing), work improvement plans, and other similar remedial actions are not considered formal discipline. Corrective actions will be clearly labeled and will not be placed in the employee’s personal file. A corrective action may be noted as resolved or not resolved in the next yearly evaluation. An employee may provide a rebuttal to a corrective action, so long as submitted within 14 calendar days of imposition. Corrective actions are not subject to the grievance procedure. Corrective action documents will be considered stale after 12 months from imposition, subject that no further similarly related conduct has occurred. Counseling documents can be used as notice of rule should additional related conduct occur. The Library may maintain a supervisory file for periodic performance evaluations. Employees may review their supervisory file upon 72 hours of the written request, not including weekends. The Library agrees to address matters of performance concerns with the understanding of being responsive to performance concerns as they arise. The Library is not precluded from imposing performance improvement plans as part of remedial measures in counseling or discipline. Section 2: Notice of Investigatory Interview Upon knowledge of allegations of misconduct that could result in formal disciplinary actions, the Library may conduct an administrative investigation. In the event the Library seeks to interview the employee accused of the allegations, the Library will provide at least 24 hours written notice to the employee who is the subject of a disciplinary investigation interview. The written notice will include facts sufficient to reasonably ascertain the allegation, notice of possible policy or rule violations, and notice of right to have a Union representative present. The Union representative shall be present only as an observer and advisor and shall not act in obstruction. In order to preserve the record, investigatory meetings will be audio recorded by the investigator. A copy of the audio recording will be provided with the investigatory materials with any pre-disciplinary meeting notice, if applicable. Section 3: Pre-Disciplinary and Name-Clearing Meeting Prior to imposition of a suspension without pay, demotion, or discharge, the employee will be provided a reasonable opportunity for a pre-disciplinary and name-clearing meeting with the person deciding the disciplinary action, if any, for the Library. The Library will give the Union or employee written notice of the meeting including the findings, policy violations, audio recording on the employee (if applicable), and the contemplated disciplinary action under consideration. The Union and employees will have the opportunity to present information, including mitigating factors, for the Library's consideration prior to making a final determination. Section 4: Imposition of Formal Disciplinary Action Employees will be given written notice of any formal disciplinary action imposed and informed of the right to grieve the disciplinary action and right to contact the Union for representation. The notice will include reference to grievance rights under Article 14. Disciplinary actions will be imposed in a private manner. The Library acknowledges to act in good faith when considering and imposing disciplinary actions. Section 5: Timing The Library will make best efforts to conclude administrative investigations within 180 days of the investigatory interview of the accused employee. In the event more time is needed, the Library will provide the employee and Union a written explanation. Article 14: Grievances This Article separates contractual grievances and disciplinary grievances. Grievances for matters not covered by the express terms of this agreement defer to the Library handbook. Section 1: Contractual Grievance A contractual grievance is limited to a dispute in the interpretation and/or application of the express terms of this agreement, excluding Article 1, Recognition, Article 3, Management Rights, Article 4 Strikes and Lockouts, Article 13 for imposed disciplinary actions, Article 18, Limitations of Provisions, and Article 19, Term of Agreement. Employees will not be retaliated against for exercising their grievance rights. 1. Contractual Grievance Process. Step 1: Informal Resolution. An employee or the Union contesting the interpretation or application of the provisions of this agreement, excluding those articles listed above, may raise their concern informally in writing with their supervisor/manager within 15 days of the incident or reasonable knowledge thereof of the dispute, not to exceed 30 days. Email correspondence is suitable. The supervisor/manager will review the matter and will meet informally with the employee to discuss the concern. The employee may have a Union representative present. The supervisor/manager will provide an informal written response to the employee and Union representative within 15 calendar days of the informal meeting. Step 2: Formal Written Grievance. In the event the employee or Union are not satisfied with the management response, the Union may file a formal written grievance with the EEO Officer, who will appropriate the grievance to the proper Library representative within 15 calendar days of the Library's response in Step 1. The written grievance must include the specific facts relied upon, the contract provision/s alleged to have been violated, and the requested remedy. The Library representative will meet with the grievant and/or Union representative to clarify the grievance. The Library will provide a written response to the grievant and/or Union representative within 15 calendar days of the Step 2 meeting. Step 3: In the event the Union is not satisfied with the Library representative's response in Step 2, the Union may file the written grievance with the EEO Officer and the CEO. The CEO, or designee, may review evidence and consult with the supervisor/manager, employee (with a Union rep if requested), and any other persons deemed appropriate. The CEO may also meet with the Union representative who filed the grievance or other AFSCME representative as designated by the Union. The CEO will provide a written response within 45 calendar days from the date of receipt of the Union's step 3 filing or within 15 days of meeting with the CEO, if applicable. The CEO's decision is final. Section 2: Discipline Grievance Process For purposes of this agreement formal disciplinary actions, as defined in Article 15, may be grieved as written below. Probationary employees may not grieve or otherwise appeal disciplinary actions or failed probations. Step 1: In the event an employee contests the imposition of a formal disciplinary action, as defined in Article 15, the employee may file a formal written grievance with the EEO Officer who will appropriate the grievance to the proper library representative. The grievance must be filed within 15 calendar days of the issue date of the disciplinary action. The written grievance must specifically describe the reasons contesting the disciplinary action, the contract provision/s alleged to have been violated, and the requested remedy. The submission of the grievance must attach or identify any documents the employee intends to rely. The Library representative will meet with the grievant, with the presence of a Union representative, if applicable, to discuss and/or clarify the grievance. The Library will provide a written response to the grievant and Union representative within 15 calendar days of the meeting. Step 2: In the event the employee is not satisfied with the Library representative's response, the employee may file the written grievance with the EEO Officer and the CEO. Note: If the CEO imposed the disciplinary action, the grievance may be advanced directly to Step 2. The CEO may review evidence and consult with the supervisor/manager, and any other persons deemed appropriate. The CEO or designee will meet with the grievant to review the grievance within 15 days from the date of receipt of the Step 2 filing. The meeting will be recorded, and the employee may bring a Union representative on their behalf. The CEO may conduct additional meetings in an effort to resolve the grievance. The CEO will provide a written response within 45 calendar days from the date of the meeting. The CEO's decision is final. Section 3: Timelines Parties may extend timelines by written mutual agreement. Failure of an employee or the Union to advance a grievance will result in dismissal without further action. Failure of the Library to respond according to a grievance step permits the grievant to advance to the next step of the grievance process. Article 15: Probationary Periods Section 1: New Hires A newly hired employee will serve a probationary period of 180 days from date of hire. This observation period is intended to evaluate and train employees. Probationary employees are considered "at-will". At the sole discretion of the Library, a probationary employee not meeting performance expectations may be terminated without further grievance or appeal recourse. The Library may extend an employee’s probationary period resulting from absences due to medical reasons or similarly related circumstances in order to complete the observation period. Employees will be provided written notice when their probationary period is extended. Section 2: Employees promoted within the Bargaining Unit An employee promoted from one classification to a higher classification in the bargaining unit will serve a promotional probationary period of 180 days from the date of promotion. A promoted employee will receive a minimum 3% increase in their base hourly rate or be paid the minimum hourly rate of the new position's range, the greater of either. Employees who fail their promotional probationary period may elect to return to their previous classification, without loss in seniority inclusive of their time in the higher position. A determination by the Library that an employee has failed their promotional period is not subject to grievance. Section 3: Employees promoted to a higher classification not within the Bargaining Unit An employee promoted to a higher classification not within the bargaining unit may be returned to their previous classification within 180 days of promotion without loss in seniority, inclusive of their time in the higher position. A determination by the Library that an employee return to their previously held position is not subject to grievance. Article 16: General Provisions Section 1: Personnel Records People and Culture will maintain the documents in a secure, centralized location. Upon reasonable request, an employee may view their personnel file by contacting People and Culture. 1. Formal Disciplinary Actions. At the request of the employee, a disciplinary action of written reprimand may be removed from the employees' personnel file after 12 months from date of imposition subject to the action was not EEO or Violence in the Workplace relate and subject to not receiving counseling or further disciplinary action for the same or similarly related conduct during the 12 month period. If removed, the written reprimand will be considered stale for the purposes of progressive discipline, however, the document will be retained separately for the purposes of notice of rule or for civil defense. Section 2: Tuition Reimbursement Consistent with policy, Full and Part-time employees are eligible for tuition reimbursement for receiving college credits from a bona-fide institution of higher learning. Reimbursement for earned college credit may within the calendar year paid. Reimbursement is subject to a passing grade of C or better and is limited to $5,250 per calendar year. Reimbursement requires proof of payment and transcript. Employee is responsible for any applicable withholdings or taxes. For further information, please contact People and Culture. Section 3: Travel and Mileage The Library will pay a GSA per diem allowance and reasonable travel expenses incurred for assigned travel when conducting Library business. A person assigned to travel on behalf of the Library should coordinate with their manager or the Director of Organizational Learning at least 30 days prior to the travel. Employees approved to use their own personal vehicle for travel are eligible for mileage reimbursement at the applicable GSA rate. Section 4: Training Employees may be required to attend training. The Library may adjust an employee's schedule to attend training. Employees seeking additional training may make a request to their supervisor. The Library, at its discretion, may agree to additional training opportunities. Section 5: Miscellaneous 1. Transit Pass reimbursement. Full and Part-time employees who worked at least 19 hours in the given month are eligible for reimbursement payable in the following month for a Utah Transit Authority individual pass for up to $62 per month. Reimbursement requires proof of payment to the Finance Department within 60 days of purchase. This provision is not prorated and paid the same for full and part time employees. 2. Employees may park, with a parking card provided by the Library, without cost during business hours at the Main Library parking complex. 3. Employees may use the Fitness Center at the Main Library during regularly scheduled hours while off-duty without cost. Use of the center off duty is not considered compensable time worked and is not work time. Section 6: Labor Management Meetings In order to strengthen the parties' labor-management relations, the Library agrees to participate with AFSCME in labor management meetings to address ongoing concerns, including employee and facility safety . Such meetings will generally be quarterly as requested by AFSCME or by the Library to meet at mutually accepted times. Attendance during regularly scheduled work hours is limited to up to five (5) members and up to five (5) Library representatives. The labor/management meetings are advisory and not a forum for collective bargaining. Section 7: Safety Training The Library will provide Basic CPR/First Aid, Narcan, and Mandatory Reporting training to each employee. For the classifications of Associate Librarians, Librarians, Safety Associate, Community Garden Associate, Events Associate, Technology Associate Librarian, Audio Visual Specialist, Technology Librarian and Social Worker, the Library will provide de-escalation training. These mandatory training courses are scheduled at the sole discretion of the Library. These trainings will be provided on paid time. Section 8: Critical Incident The parties recognize that employees may be exposed to certain critical incidents in the performance of their duties that may cause significant stress or disruption to employee' ability to perform the duties of their position. Critical incidents are those events where an employee is actively involved or in contact with a person or persons involving the death, potential death (ie: overdoses), critical injury to a person, imminent threat of violence directed at the employee, or substantially related events. An employee may be provided a reasonable break from duty as soon as operationally feasible, if requested by the employee. In certain incidents, an employee may be relieved from their duties in as timely a manner as the Library determines is operationally feasible, if the employee requests to be relieved from duty. Employees may also be relieved from duty at the discretion of the Library and placed on paid administrative leave or assigned to a different work location. Employees who are placed on paid administrative leave may be required to seek EAP psychological counseling, as provided by the Library, within a reasonable period of the incident. Section 9: Transfers and Job Postings 1. Transfers. For operational need, an employee may need to be transferred to a different work location. In the event of a transfer, the Library will consider equitable factors in making its decision based on the circumstances of the purpose of the transfer. In some cases, the Library may first seek a volunteer. 2. Job Applicants. For existing employees who apply for a Library position, if requested, the Library will provide the applicant reasonable feedback if not accepted for the position. The Library may also provide some development opportunities to assist the employee for prospective options. The provisions of Section 9 are at the sole discretion of the Library. Article 17: Seniority and Layoffs Section 1: Definition For the purposes of this agreement, Seniority means a regular employee's length of continuous service in the bargaining unit from the date of the employee's most recent date of hire, unless otherwise specified in this agreement. Section 2: Layoffs The Library retains the right to determine staffing levels including adjusting employee FTE status and/or layoffs. A layoff is a separation of employment. Adjustments to FTE status and layoffs are not subject to the grievance procedure of this agreement or other appeal. Layoffs will be by classification seniority. For the purposes of layoff, classification seniority is the length of continuous service in a classification (ie: job title/position). The employee with the least classification seniority will be the first to be laid off in a classification. Seniority lists for full-time employees is separate than seniority lists for part-time employees. Employees earn no compensation, benefits or accruals from the Library when laid off, unemployed or when in unpaid status. Note: For clarification, a classification is defined as a named position on the wage scale. Employees will be given at least 21 calendar days’ advance notice of layoff of an employee. In the event of layoffs, the Library is not precluded from hiring temporary employees or distributing work to other Library employees in order to meet operational need. Prior to hiring a temporary employee as a result of layoff within a classification, the laid off employee will be offered the temporary position. Section 3: Recall Within 180 days from the date of layoffs, employees may be recalled back to their previous classification from layoff according to seniority. In the event of a recall, an employee will be given written notice. The employee must provide the Library with the employee’s current mailing address and contact information (phone number) and respond to a recall notice sent to that address within seven days of the notice of recall. The Library will send recall notices by certified letter, return receipt requested, to the address maintained. Upon recall, the employee will need to return to work within 15 calendar days of recall notice. Upon return to re-employment, seniority will be restored. If an employees does not return to work upon notice of recall, the employee will have no further rights to employment, and all seniority shall be lost. Section 4: Loss of Seniority An employee will lose all seniority in the event of: 1. Voluntarily separation (resignation) 2. Disciplinary discharge. 3. Absence for two (2) consecutive workdays without notification to the Library where such notification is possible. 4. In the event of an absence due to layoff, a failure to affirm acceptance of recall within 7 calendar days and return to work without the Library's prior approval within 15 calendar days. 5. Layoff of more than 180 days from date of layoff. 6. Medical/disability separation of employment Article 18: Limitation of Provisions All financial commitments by the Library shall be subject to the availability of funds approved by the Library and Salt Lake City Council and the limitations on future budget commitments provided under State Constitution and Statute. The provisions hereof shall be effective as provided herein, but subject to approval by the Library Board of Directors and the Salt Lake City Council and their appropriation of funds. During the term of this agreement, it is the Library's intent to make a reasonable effort to maintain a funding level sufficient to satisfy this understanding; however, the parties to this agreement mutually understand that public emergencies or revenue shortfalls may alter the ability of the Library to satisfy this agreement. In the event of a public emergency where the Library is unable to meet the particular terms of this agreement, the Library will give as much notice as reasonably possible of the circumstances and make best efforts to inform the Association President, or designee, about the nature of the emergency condition and the expected duration. It is expressly understood that this agreement does not bind succeeding elected officials of the Library or City of Salt Lake and shall not be construed to compel the Library or the City of Salt Lake to impose or maintain any tax or fee structure. The provisions of this agreement are subject to the limitations, terms, and conditions of the Resolution and any applicable federal or state law. For any provisions of this agreement that are revealed to be contrary to state or federal law, the Library will defer to the state or federal law. All other provisions of this agreement not contrary to law remain in full force and effect. The parties acknowledge the opportunity of the Union to bring forward all matters of employment relations during the collective bargaining process for this agreement even if subject matters were proposed and later withdrawn. The Library and AFSCME expressly waive and relinquish the right and each agree that the other will not be obligated during the term of this agreement to bargain collectively with respect to any subject or matter referred to or covered by this agreement. The parties acknowledge the ability to discuss issues related to the terms and conditions of employment for bargaining unit members during the term of this agreement, however, all matters and subjects not covered by this agreement remain at the sole discretion of the Library without further bargaining obligation until successor bargaining. The parties are not precluded from entering into mutual agreements, such as Memorandum of Understanding, during the term of this agreement. Should any provisions of this agreement be rendered or declared invalid by a court of competent jurisdiction or by reason of any existing or subsequently enacted legislation be contrary to law, the remaining portions of this Agreement shall remain in full force and effect and the parties shall, upon request of either party, enter in negotiations for the purpose of resolving the invalidated provision. Article 19: Term of Agreement This Agreement will be effective the month following full execution and through end of fiscal year June 30, 2029. Parties acknowledge that the following provisions are not effective until July 1, 2026 or as stated in this Agreement thereafter: Article 7 Section 1 - vacation tier accruals, Article 10.1, 10.3, 10.4 and Article 11.E. No provisions of this Agreement are retroactive. For the purposes of contract interpretation or clarification, the parties may, by mutual written agreement, acknowledge a written clarification to this Agreement by means of a Memorandum of Understanding. The parties agree to initiate successor bargaining by scheduling and hold a first bargaining session by February of the expiration year of this agreement. FOR THE SALT LAKE CITY FOR AFSCME LOCAL #1004 PUBLIC LIBRARY: Noah Baskett, CEO Sariah Toronto, Board President Date Date Appendix A – Hourly Rate of Pay