Proposed Ordinance - 7/22/2021SALT LAKE CITY ORDINANCE
No. ______ of 2021
(Approving a Memorandum of Understanding between Salt Lake City Corporation and the
International Association of Firefighters Local 81, representing eligible employees, pursuant to
the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011)
An ordinance approving a Memorandum of Understanding between Salt Lake City
Corporation and the International Association of Firefighters Local 81, representing eligible
employees, pursuant to the Collective Bargaining and Employee Representation Joint Resolution
dated March 22, 2011, which Memorandum of Understanding shall become effective upon
proper ratification and signature.
PREAMBLE
Salt Lake City Corporation and the International Association of Firefighters Local 81,
representing eligible employees, have agreed to a Memorandum of Understanding pursuant to
the Collective Bargaining and Employee Representation Joint Resolution dated March 22, 2011,
which Memorandum of Understanding shall become effective upon proper ratification and
signature. Section 6 of the Collective Bargaining and Employee Representation Joint Resolution
dated March 22, 2011 provides that a memorandum of understanding requires the City Council
to approve the memorandum of understanding, enact implementing legislation, and appropriate
all required funds.
The Memorandum of Understanding is a three-year agreement effective for fiscal years
2022-2024. The Memorandum of Understanding is subject to appropriation of funds by the City
Council and the City Council hereby appropriates funds to implement the provisions of the
Memorandum of Understanding, as negotiated by Salt Lake City Corporation and the
International Association of Firefighters Local 81, for fiscal year 2022.
2
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this ordinance is to approve the Memorandum
of Understanding between Salt Lake City Corporation and the International Association of
Firefighters Local 81, representing eligible employees, and to appropriate necessary funds to
implement, for fiscal year 2022, the provisions of the Memorandum of Understanding.
SECTION 2. The Memorandum of Understanding between Salt Lake City Corporation
and the International Association of Firefighters Local 81, representing eligible employees, is
hereby approved and the necessary funds to implement, for fiscal year 2022, the provisions of
the Memorandum of Understanding are hereby appropriated.
SECTION 3. AUTHORIZATION. The Mayor of Salt Lake City, Utah is hereby
authorized to act in accordance with the terms and conditions of the Memorandum of
Understanding between Salt Lake City Corporation and the International Association of
Firefighters Local 81, assuming the Memorandum of Understanding is properly ratified and
signed.
SECTION 4. EFFECTIVE DATE. This ordinance shall be deemed effective on
____________, 2021.
Passed by the City Council of Salt Lake City, Utah, this ____ day of June, 2021.
CHAIRPERSON
ATTEST:
CITY RECORDER
3
Transmitted to the Mayor on __________________________.
Mayor’s Action: _____Approved. _____Vetoed.
______________________________
MAYOR
ATTEST:
_______________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 2021.
Published: __________________ 2021.
Salt Lake City Attorney’s Office
Approved as to Form
Date:__________________
By:_______________________
Jonathan Pappasideris
Jonathan Pappasideris
Years of
completed
service
Annual Equivalent
Entry $43,555
2 $46,114
4 $48,672
6 $53,934
Years of
completed
service
Annual Equivalent
Entry $42,765
1 $46,093
2 $49,358
4 $52,666
6 $55,890
7 $69,139
9 $70,866
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $45,011 $15.46 $21.64
1 $48,485 $16.65 $23.31
2 $51,938 $17.84 $24.97
4 $55,390 $19.02 $26.63
6 $58,864 $20.21 $28.30
7 $72,758 $24.99 $34.98
9 $74,568 $25.61 $35.85
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $48,152 $16.54 $23.15
1 $51,875 $17.81 $24.94
2 $55,598 $19.09 $26.73
4 $59,259 $20.35 $28.49
6 $63,003 $21.64 $30.29
7 $77,834 $26.73 $37.42
9 $79,768 $27.39 $38.35
Firefighter - Specialist
$25.32
$26.87
$33.24
$34.07
Firefighter - EMT
Non-Sworn - Fire Prevention Specialist
Hourly Pay Rate
$20.56
$22.16
$23.73
Hourly Pay Rate
$20.94
$22.17
$23.40
$25.93
Salt Lake City Firefighter Fiscal Year 2022-2023 Base Wage Schedule
Effective July 1, 2022
Non-Sworn - Fire Logistics Coordinator
Salt Lake City Firefighter Fiscal Year 2022-2023 Base Wage Schedule
Effective July 1, 2022
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $51,979 $17.85 $24.99
1 $55,994 $19.23 $26.92
2 $59,987 $20.60 $28.84
4 $63,981 $21.97 $30.76
6 $67,954 $23.34 $32.67
7 $84,032 $28.86 $40.40
9 $86,133 $29.58 $41.41
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $86,341 $29.65 $41.51
6 months $97,614 $33.52 $46.93
Firefighter - Paramedic
Firefighter - Captain
Years of
completed
service
Annual Equivalent
Entry $42,286
2 $44,762
4 $47,258
6 $52,354
Years of
completed
service
Annual Equivalent
Entry $41,517
1 $44,741
2 $47,923
4 $51,126
6 $54,267
7 $67,122
9 $68,806
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $43,701 $15.01 $21.01
1 $47,070 $16.16 $22.63
2 $50,419 $17.31 $24.24
4 $53,768 $18.46 $25.85
6 $57,158 $19.63 $27.48
7 $70,637 $24.26 $33.96
9 $72,405 $24.86 $34.81
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $46,758 $16.06 $22.48
1 $50,357 $17.29 $24.21
2 $53,976 $18.54 $25.95
4 $57,533 $19.76 $27.66
6 $61,173 $21.01 $29.41
7 $75,566 $25.95 $36.33
9 $77,438 $26.59 $37.23
$33.08
Firefighter - EMT
Firefighter - Specialist
$21.51
$23.04
$24.58
$26.09
$32.27
Salt Lake City Firefighter Fiscal Year 2021-2022 Base Wage Schedule
Effective June 27, 2021
Non-Sworn - Fire Prevention Specialist
Hourly Pay Rate
$19.96
Non-Sworn - Fire Logistics Coordinator
Hourly Pay Rate
$20.33
$21.52
$22.72
$25.17
Salt Lake City Firefighter Fiscal Year 2021-2022 Base Wage Schedule
Effective June 27, 2021
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $50,461 $17.33 $24.26
1 $54,371 $18.67 $26.14
2 $58,240 $20.00 $28.00
4 $62,109 $21.33 $29.86
6 $65,978 $22.66 $31.72
7 $81,578 $28.01 $39.22
9 $83,616 $28.71 $40.20
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $83,824 $28.79 $40.30
6 months $94,765 $32.54 $45.56
Firefighter - Paramedic
Firefighter - Captain
Years of
completed
service
Annual Equivalent
Entry $44,866
2 $47,507
4 $50,128
6 $55,557
Years of
completed
service
Annual Equivalent
Entry $44,054
1 $47,466
2 $50,835
4 $54,246
6 $57,574
7 $71,219
9 $72,987
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $46,363 $15.92 $22.29
1 $49,941 $17.15 $24.01
2 $53,498 $18.37 $25.72
4 $57,054 $19.59 $27.43
6 $60,632 $20.82 $29.15
7 $74,942 $25.74 $36.03
9 $76,814 $26.38 $36.93
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $49,587 $17.03 $23.84
1 $53,435 $18.35 $25.69
2 $57,262 $19.66 $27.53
4 $61,027 $20.96 $29.34
6 $64,896 $22.29 $31.20
7 $80,163 $27.53 $38.54
9 $82,160 $28.21 $39.50
Firefighter - Specialist
$26.08
$27.68
$34.24
$35.09
Firefighter - EMT
Salt Lake City Firefighter Fiscal Year 2023-2024 Base Wage Schedule
Effective July 1, 2023
Non-Sworn - Fire Logistics Coordinator
Hourly Pay Rate
$21.57
$22.84
$24.10
$26.71
Non-Sworn - Fire Prevention Specialist
Hourly Pay Rate
$21.18
$22.82
$24.44
Salt Lake City Firefighter Fiscal Year 2023-2024 Base Wage Schedule
Effective July 1, 2023
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $53,539 $18.39 $25.74
1 $57,678 $19.81 $27.73
2 $61,797 $21.22 $29.71
4 $65,894 $22.63 $31.68
6 $69,992 $24.04 $33.65
7 $86,549 $29.72 $41.61
9 $88,712 $30.46 $42.65
Years of
completed
service
Estimated Annual
Equivalent Operations Support
Entry $88,941 $30.54 $42.76
6 months $100,547 $34.53 $48.34
Firefighter - Paramedic
Firefighter - Captain
MEMORANDUM OF UNDERSTANDING
July 1, 2021 – June 30, 2024
Salt Lake City Corporation
and the
International Association of Firefighters
Local 81
International Association of Firefighters
Local 81
Lisa Demmons, President
Website: www.IAFF81.org
E-mail: president@IAFF81.org
Salt Lake City Corporation
Website: www.slcgov.com
Intranet: http://slcnet
Office: (801) 535-7900
LOCAL 81 MOU
ii
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING..................................................................................1
RECITALS......................................................................................................................................1
AGREEMENT.................................................................................................................................1
ARTICLE 1 – AUTHORITY..........................................................................................................1
ARTICLE 2 – RECOGNITION......................................................................................................2
ARTICLE 3 – RIGHTS AND OBLIGATIONS .............................................................................2
A. Management Rights and Declaration ......................................................................2
B. No Strike Clause ......................................................................................................2
C. No Lockout Clause ...................................................................................................2
D. Employee Rights ......................................................................................................2
E. Local 81 Rights ........................................................................................................3
F. Local 81 Business ....................................................................................................3
G. Dues Deduction .......................................................................................................4
ARTICLE 4 – REPRESENTATION...............................................................................................4
A. Local 81’s Representation Rights and Obligations .................................................4
B. Eligible Employee Representation Rights ...............................................................4
ARTICLE 5 – WAGE SCHEDULE AND LONGEVITY..............................................................5
A. Wages .......................................................................................................................5
B. Certifications ...........................................................................................................6
C. Longevity..................................................................................................................7
D. Overtime ..................................................................................................................7
E. Support Differential .................................................................................................8
LOCAL 81 MOU
iii
ARTICLE 6 – HOURS OF SERVICE AND OVERTIME.............................................................8
A. Hours of Service ......................................................................................................8
B. Exchange of Time ....................................................................................................8
C. Overtime Compensation ..........................................................................................9
D. Standby/On-Call ......................................................................................................9
E. Callback ...................................................................................................................9
F. Additional Support Work .......................................................................................10
G. Temporary Assignments.........................................................................................10
ARTICLE 7 – HOLIDAYS...........................................................................................................11
A. Holidays Specified .................................................................................................11
B. Alternative and Additional Holidays for Support Division ...................................11
C. Work Required on Holiday for Support Division ..................................................12
D. Holiday Payout upon Separation...........................................................................12
ARTICLE 8 – VACATIONS ........................................................................................................12
A. Vacation Authorized/Use of Vacation ...................................................................12
B. Vacation Accumulation Schedule ..........................................................................13
C. Rules for Taking Vacation .....................................................................................13
D. Vacation Benefits upon Separation .......................................................................14
ARTICLE 9 – (PLAN “A” ONLY) SICK LEAVE AND HOSPITALIZATION BENEFITS.....15
A. Sick Leave Policy and Procedures ........................................................................15
B. Accumulation of Sick Leave ...................................................................................15
C. Sick Leave Conversion to Vacation Time ..............................................................16
D. Sick Leave Credit Forward ....................................................................................16
LOCAL 81 MOU
iv
E. Notification of Election ..........................................................................................17
F. City Contribution ...................................................................................................17
G. Retirement Benefits ................................................................................................17
H. Hospitalization .......................................................................................................18
I. Authorized Sick Leave and Hospital Benefits ........................................................19
J. Regular Salary to be Continued ............................................................................19
K. Dependent Leave ...................................................................................................19
L. Career Incentive Leave ..........................................................................................20
M. On-Duty Shifts for Personnel Defined ...................................................................20
N. Long-Term Disability Compensation ....................................................................20
O.Point of Contact .....................................................................................................21
ARTICLE 9 – (“PLAN B” ONLY) PERSONAL LEAVE...........................................................21
A. Paid Personal Leave ..............................................................................................21
B. City Contribution ...................................................................................................22
C. Carry Over of Personal Leave ...............................................................................23
D. Conditions of Use of Paid Personal Leave ............................................................23
E. Career Enhancement Leave ...................................................................................23
F. Retirement/Layoff (RL) Benefit ..............................................................................23
G. Payment of the RL Account....................................................................................23
H. Short Term Disability Insurance ...........................................................................24
I. Termination Benefits ..............................................................................................24
J.Point of Contact .....................................................................................................25
LOCAL 81 MOU
v
ARTICLE 10 – (PLAN “A” & PLAN “B”) LEAVES OF ABSENCE ........................................25
A. Bereavement Leave ................................................................................................25
B. Family Medical Leave Act (FMLA).......................................................................26
C. Eligible Employees who enter Military Service .....................................................26
D. Pay while on Military Leave ..................................................................................27
E. Leave for Jury Duty ...............................................................................................27
F. Subpoena Duty .......................................................................................................27
G. Injury Leave ...........................................................................................................28
ARTICLE 11 – ADDITIONAL ALLOWANCES........................................................................29
A. Leaves of Absence ..................................................................................................29
B. Educational Incentive Pay .....................................................................................29
C. Tuition Reimbursement ..........................................................................................29
D. Uniform Allowance ................................................................................................30
E. Mileage Allowance ................................................................................................30
ARTICLE 12 – INSURANCE.......................................................................................................31
ARTICLE 13 – PENSION PLAN CONTRIBUTION..................................................................31
ARTICLE 14 – SIGNIFICANT EXPOSURE...............................................................................31
ARTICLE 15 – STANDING COMMITTEES..............................................................................32
A. Labor Management Committee .............................................................................32
B. Safety, Wellness and Personal Protective Equipment (PPE) Committee ..............32
C. Apprenticeship Committee .....................................................................................33
D. Bid Committee .......................................................................................................33
E. EMS Committee .....................................................................................................33
LOCAL 81 MOU
vi
F. Engineers Committee .............................................................................................34
G. Dispatch/Communications Committees .................................................................34
H. Limitations on Participation ..................................................................................34
I. Compensation for Committee Work.......................................................................35
J. Scope of Committee Authority………………………………………………….35
ARTICLE 16 – PROCEDURAL RIGHTS ...................................................................................35
A. Investigative Interview ...........................................................................................35
B. Pre-Determination Hearing...................................................................................36
C. Remedy ...................................................................................................................37
ARTICLE 17 – GRIEVANCE PROCEDURE..............................................................................37
A. General Rules for Grievances ...............................................................................37
B. Disciplinary Grievance ..........................................................................................39
C. Policy/Procedure Grievance .................................................................................40
D. Contractual Grievance ..........................................................................................41
ARTICLE 18 – PERSONNEL FILES...........................................................................................42
ARTICLE 19 – MISCELLANEOUS POLICIES AND PROCEDURES.....................................42
ARTICLE 20 – NOTICE OF POLICY CHANGE........................................................................42
ARTICLE 21 – LAYOFFS............................................................................................................43
ARTICLE 22 – TERM OF MEMORANDUM.............................................................................43
ARTICLE 23 – LIMITATION OF PROVISIONS.......................................................................43
ARTICLE 24 – WAIVER CLAUSE.............................................................................................43
ARTICLE 25 – SAVINGS CLAUSE............................................................................................44
LOCAL 81 MOU
vii
ARTICLE 26 – REINSTATEMENT AFTER SEPARATION DUE TO INJURY OR
ILLNESS .......................................................................................................................................44
A. Reinstatement Requirements and Procedure .........................................................45
B. Separated Employee Not “Eligible Employee”.....................................................46
APPENDIX A................................................................................................................................49
BASE WAGE SCHEDULES FOR FISCAL YEARS 2022-2024....................................49
ATTACHMENT 1 – COLLECTIVE BARGAINING RESOLUTION........................................50
ATTACHMENT 2 – FOUR-HANDED STAFFING EXECUTIVE ORDER..............................51
LOCAL 81 MOU Page 1
MEMORANDUM OF UNDERSTANDING
A MEMORANDUM OF UNDERSTANDING entered into this _____ day of July,
2021, by SALT LAKE CITY CORPORATION (“the City”) and Local 81 of the
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (“Local 81”).
RECITALS
A. The City has recognized the value of collectively bargaining, with Local 81,
the terms and conditions of employment for Firefighters, Specialists, Paramedics, Fire
Captains (“Sworn Employees”), as well as Fire Logistics Coordinators and Fire Prevention
Specialists (“Non-Sworn Employees”), collectively referred to as (“Eligible Employees”) in
the Salt Lake City Fire Department (“SLCFD”) pursuant to the Collective Bargaining and
Employee Representation Joint Resolution dated January 13, 2009 (“Resolution” included as
Attachment 1). The Resolution identifies Local 81 as Local 1645, its designation at the time
of its passage.
B. The City and Local 81 have negotiated and have reached agreement on the
terms and conditions of Eligible Employees’ employment for the period July 2, 2021 through
June 30, 2024 .
C. The City and Local 81 recognize that this Memorandum of Understanding
(“MOU”), does not modify the City’s authority or obligations established by the Utah
Constitution and Utah statutes.
D. The City and Local 81, recognizing that at times, increased benefits have been
provided instead of wage increases, jointly desire to establish the wage structure, benefits, and
employment conditions of Eligible Employees as required by the Resolution in order to
promote the efficient operation of the SLCFD and to provide an appropriate method of
handling and processing grievances.
AGREEMENT
NOW, THEREFORE, the City and Local 81 agree to the following:
ARTICLE 1 – AUTHORITY
The Resolution authorizes the City and Local 81 to negotiate an MOU to provide fair
compensation for Eligible Employees, to prevent work interruptions, to promote efficient
operations of the City, to promote safe operations in the SLCFD, and to provide an orderly
and prompt method of handling grievances.
LOCAL 81 MOU Page 2
ARTICLE 2 – RECOGNITION
The City recognizes Local 81 as the exclusive bargaining agent for full-time Eligible
Employees in the SLCFD for the purpose of negotiating their wages, hours, and other
conditions of employment.
ARTICLE 3 – RIGHTS AND OBLIGATIONS
A. Management Rights and Declaration
Except as specifically changed by the terms of this MOU, the City retains the
exclusive right to decide how to manage its employees and to direct its operations.
SLCFD is committed to apply NFPA 1710, OSHA and applicable Standard of Cover
guidelines related to the safe and effective response to emergency scenes and will
evaluate and improve service delivery within Salt Lake City with these standards in
mind.
B. No Strike Clause
Local 81 and Eligible Employees in the SLCFD are prohibited from promoting,
sponsoring, engaging in or encouraging, directly or indirectly, any strike, slowdown,
interruption of operations, absence from work upon any pretext or excuse, sickout,
withholding of services, interference with services provided by the City, or any other
interruption of the City’s operations and Local 81 will use its best efforts to encourage
all Eligible Employees to comply with this section.
C. No Lockout Clause
The City will not lock out any Eligible Employees during the MOU’s term.
D. Employee Rights
Eligible Employees have the right to join and participate in Local 81’s activities for
representation purposes or to refuse to join or participate in Local 81’s activities.
Eligible Employees also have the right to represent themselves individually in their
employment relations with the City. Local 81 agrees it will not restrain or coerce any
Eligible Employee from exercising their rights. The City and Local 81 agree they will
not discriminate against any Eligible Employee based upon membership or non-
membership in Local 81.
Except in an emergency declared pursuant to State or City law, no Eligible Employee
will be required to perform law enforcement duties, except for arson investigations and
fire prevention duties, or any other duty or work normally performed by another City
department.
LOCAL 81 MOU Page 3
E. Local 81 Rights
Local 81 has the right to present its views to the City either in written or oral form.
F. Local 81 Business
Local 81 business such as soliciting membership, collecting dues, electing officers,
membership meetings, observing grievance proceedings and posting and distributing
literature will be conducted on an Eligible Employee's personal time and will not
interfere with SLCFD operations, except as follows:
•Elected Local 81 officers will be allowed a reasonable period during working
hours to attend Local 81 meetings or participate in other Local 81 business as
necessary.
•The officer will provide the Chief or designee notice as soon as possible, but
not less than twenty-four (24) hours in advance of such meeting.
•Eligible Employees designated as official delegates to Local 81 conferences
and conventions will receive paid time off to attend conferences and
conventions. However, not more than two Eligible Employees from the same
shift shall attend such conferences and conventions.
•The total aggregate time off for employees serving as officers or official
delegates will not exceed thirty-four (34) working shifts (or additional shifts as
approved by the Fire Chief or designee) per year. Four (4) of these working
shifts shall be for the use of an Eligible Employee serving on the Board of
Directors of the Professional Fire Fighters of Utah (“PFFU”) to conduct
business related to the activities of the PFFU.
•The total number of employees taking time off to attend Local 81 meetings or
otherwise participate in Local 81 business at the same time shall not exceed six
(6) employees (unless the Fire Chief or the Fire Chief’s designee expressly
allows additional employees to participate).
Local 81’s President will notify the Chief or designee of any request to attend a
conference as soon as possible, but no less than thirty (30) days prior to the
conference.
•The Eligible Employee involved will receive permission before attending the
conference. Time off under this clause will not be counted as time worked for
the purpose of computing overtime.
•SLCFD agrees to provide Local 81’s President a reasonable amount of time to
assist in the administration of the MOU.
LOCAL 81 MOU Page 4
G. Dues Deduction
The City agrees to deduct Local 81 membership dues from an employee’s pay when
the employee makes a written request and forward all collected dues to the Local 81 on
a monthly basis. The City also agrees it will stop making deductions upon an
employee’s request. The City will notify Local 81 of any request.
Local 81 will notify the City of any change to the membership dues thirty (30) days
before the effective date.
ARTICLE 4 – REPRESENTATION
A. Local 81’s Representation Rights and Obligations
1. Local 81 agrees to represent in good faith Eligible Employees’ interests in the
SLCFD without discrimination and without regard to membership in the Local
81. Local 81 has the right to determine the method and means of its Eligible
Employees’ representation.
2. No Employee shall be represented in their employment relations with the City
by an agent or representative of a competing employee organization other than
Local 81.
3. SLCFD will provide Local 81’s representatives, upon proper notification to
their immediate supervisors, a reasonable opportunity during working hours to
investigate and resolve grievances. The Fire Chief or designee must approve
any time for these activities beyond two (2) hours per week. Local 81
representatives will be held to the same standard of confidentiality in these
matters as the City. Any discussion among Local 81 representative, the
employee, and the City concerning settlement of items grieved will be
privileged matters and may not be used for any other purpose by either party.
4. Neither City nor Local 81 representatives may delay, interfere with, nor
otherwise obstruct any City investigation conducted in compliance with the
terms and conditions of this MOU.
5. Local 81 may represent a Separated Employee (as that term is defined in
Article 26) in the process provided for in Article 26.
B. Eligible Employee Representation Rights
1. Unless otherwise agreed upon by the parties, an Eligible Employee may be
accompanied and assisted by up to two representatives when subject to an
investigative interview or pre-determination hearing as provided for in Article
LOCAL 81 MOU Page 5
16, Procedural Rights. The representatives may not be a person subject to the
same investigation.
2. An Eligible Employee’s right to representation does not apply to regular
employee evaluations.
3. An Eligible Employee’s right to representation does not apply to an inquiry,
coaching, instruction, or direction given to an Eligible Employee by his or her
immediate supervisor regardless of whether the action is documented or
undocumented.
4. Unless otherwise agreed upon by the parties, an Eligible Employee may be
accompanied and assisted by up to two representatives during any stage of the
grievance process.
5. SLCFD will grant an Eligible Employee a reasonable amount of time to obtain
representation before any disciplinary investigation without threat of discipline
or other adverse employment action.
ARTICLE 5 – WAGE SCHEDULE AND LONGEVITY
A. Wages
The Department will classify employees for purposes of compensation as one of the
following:
•A Fire Logistics Coordinator.
•A Fire Prevention Specialist.
•Firefighter-EMT.
•Firefighter-Specialist (i.e. Engineer; Haz-mat Tech; ARFF; Heavy
Rescue Tech; Inspector, Investigator, Public Education Specialist, Swift
Water Rescue Tech, AV Specialist, SCBA Tech, EMT Coordinator,
Instructor or other Firefighter- Specialists as approved by the
department Chief).
•Firefighter-Paramedic.
•Fire Captain.
The City and Local 81 agree the City will use two rates of pay, either Operations Rate
or a Support Rate, to compensate Eligible Employees. The hourly Operations Rate will
be computed based upon a fifty-six (56) hour work week. The hourly Support Rate
shall be computed based upon a forty (40) hour work week.
LOCAL 81 MOU Page 6
Sworn Employee pay rates for Firefighter-EMT, Firefighter-Specialist, Firefighter-
Paramedic and Fire Captain will be based upon the rate of pay for Firefighter-EMT
(“Firefighter Rate”) and determined by the completion of requirements and years of
completed service with the City. Firefighter-Specialists will be paid the Firefighter-
EMT wage rate plus seven percent (7%). Firefighter-Paramedics will be paid the
Firefighter-EMT wage rate plus 15.4%. Non-Sworn Fire Prevention Specialists will be
paid on the same schedule at a rate of ninety-five percent (95%) of the Firefighter-
EMT wage rate. Non-Sworn Fire Logistics Coordinators will be paid in accordance
with the rates and schedule summarized in Appendix A, provided the top rate of a
Non-Sworn Fire Logistics Coordinator shall be 72.3% of a Firefighter –EMT top rate.
The top Captains pay rate will be the top Firefighter-EMT wage rate plus 30.92%.
Captains will be paid at 91.57% of this top wage rate for the first six months after
promotion and one-hundred percent of this top Captain’s wage rate thereafter.
The wage rates are summarized in the pay schedule attached hereto as Appendix A.
The rate of pay will be determined by years of completed service with the Department
(except in the case of the year one pay rate which will require the completion of
probation or completion of one year of service, whichever occurs later, and the year
two pay rate which requires the completion of his or her apprenticeship or two years of
service, whichever occurs later). An Eligible Employee may subsequently move to a
higher pay rate during the effective dates of the wage schedule in the event that the
passage of his or her anniversary date results in the Eligible Employee completing the
requisite number of completed years of service.
In recognition of the unique challenges associated with public safety employment, the
City is committed to providing its firefighters with a competitive compensation
package that aims to the top of the market for such employment in the State of Utah.
In furtherance of that goal, subject to the limitations set forth in state law and Articles
22, 23, and 25 of this MOU, the following wage increases will be provided during the
term of this Agreement:
Effective June 27, 2021 - 4%
Effective July 1, 2022 - 3%
Effective July 1, 2023 - 3%
B. Certifications
Except as otherwise noted, Certification as used in this Section shall mean that an
Eligible Employee has taken the necessary training and/or testing and holds and
maintains a certification in the following areas: Engineer, Haz-Mat, ARFF, Heavy
Rescue, Swift Water Rescue, Inspector, and Investigator.
LOCAL 81 MOU Page 7
1. Eligible Employees will receive an additional one-hundred dollars ($100) each
month if they hold all of the applicable Certifications necessary for and are
regularly assigned to the following bid positions (or in the event the
Department determines that an Eligible Employee's bid position requires
multiple certifications):
Heavy Rescue Team:
Firefighter-Paramedics not to exceed 3 per platoon
Firefighter-Engineers not to exceed 2 per platoon
Captains not to exceed 3 per platoon
Haz-Mat Team:
Firefighter-Engineers not to exceed 2 per platoon
Captains not to exceed 3 per platoon
Swift Water Rescue:
Firefighter-Paramedics not to exceed 3 per platoon
Firefighter-Engineer not to exceed 1 per platoon
Captain not to exceed 1 per platoon
ARFF:
Firefighter-Paramedics not to exceed 3 per platoon
Captains not to exceed 3 per platoon
Engineers not to exceed 1 per platoon
C. Longevity
Eligible Employees will receive longevity pay based upon continuous years of service
with the City. Eligible Employees who have completed six (6) continuous years of
City employment will receive a monthly longevity benefit of $50 per month; Eligible
Employees who have completed ten (10) continuous years of City employment will
receive $75 per month; Eligible Employees who have completed sixteen (16)
continuous years of City employment will receive $100 per month; and Eligible
Employees who have completed 20 continuous years of City employment will receive
$125 per month.
Longevity pay is in addition to the wages stated in the pay schedule. Longevity pay
will be included in the calculation of base pay for purposes of pension contributions.
D. Overtime
LOCAL 81 MOU Page 8
An Eligible Employee who is regularly assigned to an Operations crew will receive the
Operations Rate of pay, except that a firefighter regularly assigned to an Operations
crew will receive a premium overtime rate of one and one-half the Support rate of pay
for all work performed outside of any Operations crew shift. Operations crew shift
work includes all work performed by an Eligible Employee during a shift period but
does not include holdover work performed immediately after the conclusion of an
Eligible Employee’s Operations crew shift. When an Eligible Employee is required to
hold over at the conclusion of an Operations crew shift, the Eligible Employee will
receive a premium overtime rate twice the Operations rate of pay for all holdover
work.
For an Eligible Employee who is regularly assigned to work other than an Operations
crew (“Support work”), the Eligible Employees will receive the Support Rate of pay,
except that an Eligible Employee regularly assigned to Support work will receive one
and one-half the Operations Rate when the Eligible Employee works all or part of an
Operations crew shift. If a Support work employee works all or part of an Operations
crew shift and is required to hold over at the conclusion of the Operations crew shift,
the Eligible Employee will receive a premium overtime rate twice the Operations rate
of pay for all hold over work.
E. Support Differential
An Eligible Employee designated by the Department as a Firefighter-EMT,
Firefighter-Specialist, Firefighter-Paramedic, or Captain that is regularly assigned
Support work will receive, for hours worked in Support, a differential wage increase
equal to two percent (2%) of the employee’s base wage rate.
ARTICLE 6 – HOURS OF SERVICE AND OVERTIME
A. Hours of Service
The Fire Chief or designee may require an Eligible Employee to perform work beyond
the Eligible Employee’s regularly scheduled duties. Whenever possible, SLCFD will
solicit volunteers for overtime work. Forty hours within a seven-day week shall
constitute a normal work period for all Eligible Employees, except Eligible Employees
assigned to the Operations Division. Two (2) consecutive 24 hour shifts shall
constitute a normal work period for Eligible Employees regularly assigned to the
Operations Division.
B. Exchange of Time
Sworn Employees may exchange time in accordance with provisions outlined in the
Fair Labor Standards Act (substitution of work scheduled) when the exchange does not
interfere with SLCFD operations and with the approval of the Sworn Employee’s
supervisor. An exchange may be denied if the proposed exchange would impair one of
the Sworn Employee’s training and proficiency responsibilities.
LOCAL 81 MOU Page 9
C. Overtime Compensation
Eligible Employees shall be paid overtime compensation as required by the Fair Labor
Standards Act and as enhanced by this MOU. In determining “hours worked” for
purposes of identifying overtime work performed, Eligible Employees and SLCFD
shall record an employee’s exact time worked in minutes, if practical, or time worked
to the nearest 15 minutes. Each Eligible Employee shall verify that the recorded time
accurately reflects the actual time worked.
An Eligible Employee required to perform authorized overtime work shall be
compensated by pay at one and one-half the applicable rate.
D. Standby/On-Call
Appropriate SLCFD officers may require Eligible Employees to keep themselves
immediately available for City service during otherwise off-duty hours. Such
employees shall receive the following compensation: Eligible Employees shall be
compensated one (1) hour of straight-time pay for each twenty-four (24) hours or
significant portion thereof for being immediately available. This compensation shall
be in addition to any callback pay or pay for time worked the Eligible Employee may
receive during the standby/on-call period. The City and Local 81 understand that
standby/on-call compensation under this paragraph will not be counted as time worked
for purposes of overtime compensation but will be added to the Eligible Employee’s
regular rate of pay when calculating any overtime compensation.
E. Callback
Eligible Employees who are directed to report to work during their scheduled off-duty
time or while on standby and who arrive at a fire station, incident scene, or place of
assignment shall be compensated with a minimum of four (4) hours’ pay.
Eligible Employees who are directed to report to work during their off-duty scheduled
time or while on stand-by and who are cancelled prior to arrival at a fire station,
incident scene, or place of assignment shall be compensated with a minimum of one
(1) hour’s pay.
In those cases where an Eligible Employee is not directed to report to work (to a
station or to an incident scene) but is required to perform City work at home (including
telephone advice) or at another location, the Eligible Employee shall be paid only for
time worked. The Eligible Employee shall receive overtime compensation, based upon
the total hours in the designated pay period as provided for in the Fair Labor Standards
Act, for time worked on callback duty.
Eligible Employees will be paid at the Support rate of pay whether such call back is
for Support work or for work on an operations shift.
LOCAL 81 MOU Page 10
F. Additional Support Work
The City and Local 81 agree that Eligible Employees in Support who volunteer for
work beyond their regularly scheduled work assignments do not qualify for Callback
under Subsection E. However, in the event such voluntary additional work involves
returning to work, rather than extending a shift, the voluntary additional work shall be
subject to a guaranteed two (2) hours paid at the applicable FLSA pay rate for hours
actually worked and the remainder, if any, paid at straight-time.
G. Temporary Assignments
Sworn Employees may be temporarily assigned to perform duties not normally
assigned to their current position. Upon expiration of such temporary assignment, the
Sworn Employee shall be restored to the position occupied at the time such temporary
assignment was made. In making the temporary assignments described in this
paragraph, assignments shall be provided, if practical, by the station officer, following
notification of the appropriate battalion chief, from the available firefighters on duty
and available for that assignment at that station. Any Sworn Employee who is
assigned to work out of classification must be a journey level firefighter. When this
assignment is not made as described above, the Fire Chief or designee will make
temporary assignments giving consideration to station location, certification, and the
staffing needs of SLCFD.
Any Sworn Employee assigned to perform duties normally assigned to others within
the group of Sworn Employees, Acting Out of Class, will be paid a differential equal
to a rate of One Dollar and Fifty Cents ($1.50) per hour for each hour worked.
Any Sworn Employee assigned to perform duties normally assigned to a
supervisory/managerial position outside of the normal duties of those in the same rank
in the Operations Division, In Charge, will be paid a differential equal to a rate of Two
Dollars ($2.00) per hour for each hour worked.
Any Sworn Employee not assigned to the Operations Division, who is assigned to
perform duties normally assigned to a supervisory/managerial position not in the
Operations Division, In Charge, will be paid a differential equal to a rate of Two
Dollars ($2.00) per hour for each hour worked. An Sworn Employee required to work
out of his or her job classification in a supervisory or managerial position not assigned
to Operations Division will receive an additional Two Dollars ($2.00) per hour for
each working day or shift. Attempts to avoid the intent of this paragraph shall be
discouraged.
Captains do not qualify for temporary assignment unless assigned to the position of
Battalion Chief/Division Chief in which case they would receive an additional Two
Dollars Fifty Cents ($2.50) per hour for each hour worked.
LOCAL 81 MOU Page 11
ARTICLE 7 – HOLIDAYS
A. Holidays Specified
The following days shall be recognized and observed as holidays for all full-time
Eligible Employees not assigned to the Operations Division:
1. New Year’s Day (January 1)
2. Martin Luther King, Jr., Day (the third Monday of January)
3. Presidents’ Day (the third Monday of February)
4. Memorial Day (the last Monday of May)
5. Independence Day (July 4)
6. Pioneer Day (July 24)
7. Labor Day (the first Monday of September)
8. Veterans’ Day (November 11)
9. Thanksgiving Day (the fourth Thursday of November)
10. Day after Thanksgiving
11. Christmas Day (December 25)
12. One personal holiday may be taken upon request of the Eligible
Employee regularly assigned to day work at the Fire Chief’s discretion.
Eligible Employees of the Operations Division, in lieu of days off for the preceding
enumerated holidays, shall be granted six (6) on-duty shifts (144 hours) off per year, to
be taken at such times as approved by the Fire Chief. The number of on-duty shifts off
in lieu of holidays granted to Eligible Employees hired during the most recent calendar
year will be pro-rated according to their date of hire.
B. Alternative and Additional Holidays for Support Division
When any holiday listed above falls on Sunday, the following business day shall be
considered a holiday. When any holiday listed above falls on Saturday, the preceding
business day shall be considered a holiday. When any holiday listed above falls on a
weekday that is not a regularly scheduled workday for an employee, the holiday will
be observed on the preceding or following regular work day, whichever is closest in
time to the holiday listed above. An Eligible Employee may move a designated
LOCAL 81 MOU Page 12
holiday and observe it on any day within the forty (40) hour work week in which the
designated holiday falls upon request to and express approval by the employee’s
Division Chief.
In addition to the above, any day may be designated as a holiday by proclamation of
the Mayor or the City Council.
C. Work Required on Holiday for Support Division
In the event an Eligible Employee in the Support Division is required by the
Department to work on a day designated as a holiday, the Eligible Employee will be
compensated at the rate of one-and-one-half (1½) times the employee’s wage rate for
hours actually worked on said holiday.
D. Holiday Payout upon Separation
When Eligible Employees retire or leave City employment for any reason, the City
shall compensate them for any holiday time earned and unused. For the purposes of
calculating a holiday payout upon separation, Eligible Employees in Operations shall
be credited with earning holidays on a pro-rata basis of 12 hours per month of time
worked in the calendar year in which the separation occurs, less holidays previously
used.
ARTICLE 8 – VACATIONS
A. Vacation Authorized/Use of Vacation
1. Eligible Employees shall be entitled to receive their regular wages during
vacation periods earned and taken in accordance with the provisions of this
article.
2. Vacation is continuously accrued in hours but is taken in the next calendar year
in increments of shifts (for those on Operational Duty) and days (for those on
Support Duty).
3. The term “Support,” as used herein, shall mean eight or ten hour days. Eligible
Employees working Support Duty who use a vacation day in lieu of a regularly
scheduled work day shall have the number of hours for the regularly scheduled
work day subtracted from the total amount of accrued vacation hours.
4. In the event vacation hours need to be converted from Operational Duty to
Support Duty, they shall be converted at a ratio of 3:2 (i.e. twenty four (24)
hours of Operational Duty vacation shall equal sixteen (16) hours of Support
Duty vacation) and vice-versa.
LOCAL 81 MOU Page 13
B. Vacation Accumulation Schedule
1. Eligible Employees who have completed less than one (1) continuous year of
service with the City will have available to them, in the next calendar year, the
number of full shifts (or days) of vacation earned prior to December 31st and
shall receive payment for all vacation accrued in excess of the full shifts (or
days) based upon their regular rate of pay (i.e. an Eligible Employee with less
than one (1) continuous year of service with the City who has accrued fifty two
(52) hours of Operational Duty vacation prior to December 31st will have
available to them, in the next calendar year, two (2) shifts and will be paid the
remaining four (4) hours at his or her regular rate of pay). However, such
available vacation may not be taken until an Eligible Employee has completed
his or her probationary period.
2. All other Eligible Employees will have available to them, in the next calendar
year, the following number of shifts or hours based upon the years of
continuous service with the City:
VacationNumber of Continuous Years of
Service With City Support
(in hours)
Operations
(in shifts)
1-3 96 6
4-6 112 7
7-9 128 8
10-12 144 9
13-14 160 10
15-19 176 11
20 200 12.5
C. Rules for Taking Vacation
The Fire Chief shall conduct an annual vacation draw prior to December 1st of each
year. Annual vacation periods may be divided into two or more separate periods as are
deemed necessary by the Fire Chief or as requested by the Eligible Employee and
approved by the Fire Chief or designee. The deadline by which employees must
submit their selected vacation periods shall be December 31st of each year. Unless the
Fire Chief, or the Fire Chief’s designee, determines an exception is warranted due to
extenuating circumstances, employees who fail to submit their selected vacation
periods by December 31st shall lose their priority status and must select from any
remaining available vacation periods.
Upon approval by the Fire Chief or designee, Eligible Employees may accumulate
vacation (including both earned vacation and sick leave conversion time) according to
the length of their full-time continuous years of employment with the City up to the
following maximum limits:
LOCAL 81 MOU Page 14
•After 6 months: up to 15 shifts (30 days);
•After 9 years: up to 17.5 shifts (35 days);
•After 14 years: up to 20 shifts (40 days).
Any vacation earned or accrued beyond said maximum shall be deemed forfeited on
December 31 of each calendar year. However; notwithstanding the foregoing and for
good cause shown prior to a forfeiture date, the Fire Chief or designee may allow an
Eligible Employee to accumulate additional vacation time, which must be used within
one (1) year of the date such extension was granted, up to a maximum amount of:
•Two and a half (2.5) shifts within a five (5) day period if the employee
works in an Operations capacity; and
•Forty (40) hours within a seven (7) day period if the employee works in a
Support capacity.
Except in cases of FMLA-qualifying events, accumulated vacation can only be used
with permission of the Fire Chief or designee.
Except upon separation as provided in Section D, no Eligible Employee shall be
entitled to be paid for vacation earned but not taken.
D. Vacation Benefits upon Separation
•When Eligible Employees retire or leave City employment for any reason, they
shall be entitled to be paid for:
•All earned vacation time accrued, unused, un-forfeited and forwarded from
previous years, plus;
•All vacation accrued, un-forfeited and unused for the year of employment
during which the termination shall occur.
For purposes of calculating this vacation benefit on separation, the City shall convert
the accrued vacation of Eligible Employees who are assigned to Operations from the
Operations rate to the Support Rate.
LOCAL 81 MOU Page 15
ARTICLE 9 – (PLAN “A” ONLY) SICK LEAVE AND HOSPITALIZATION
BENEFITS
The following apply to those Eligible Employees who are on Plan “A” during the term of this
Memorandum:
A. Sick Leave Policy and Procedures
1. Sick leave shall be provided to all full-time Eligible Employees only as
insurance against loss of income when an Eligible Employee is unable to
perform assigned duties because of illness or injury.
2. Eligible Employees may use accrued sick leave for his or her doctor and/or
dentist appointments. This leave must be taken in at least one-hour time blocks
and may only be used upon prior approval of the Eligible Employee’s
supervisor.
3. Each Eligible Employee shall be entitled to 120 hours of sick leave each
calendar year except members of the Operations Division who shall be entitled
to 7.5 Operations shifts of sick leave each calendar year. The City shall credit
Eligible Employee’s sick leave account in a lump sum (120 hours or 7.5 shifts)
during the first month of each calendar year.
4. Eligible Employees who separate from the City for any reason prior to the end
of the 12th month of the calendar year will have sick leave for the period
prorated back to the City as follows:
Month Support Operations
January 120 hours 7.50 shifts
February 110 hours 6.88 shifts
March 100 hours 6.25 shifts
April 90 hours 5.63 shifts
May 80 hours 5.00 shifts
June 70 hours 4.38 shifts
July 60 hours 3.75 shifts
August 50 hours 3.13 shifts
September 40 hours 2.50 shifts
October 30 hours 1.88 shifts
November 20 hours 1.25 shift
December 10 hours .63 shift
B. Accumulation of Sick Leave
Authorized unused sick leave may be accumulated from year to year.
LOCAL 81 MOU Page 16
C. Sick Leave Conversion to Vacation Time
Any Eligible Employee in the Operations Division who has accumulated 15
Operations shifts under the provisions of Section B, or any Eligible Employee who
regularly performs Support work, who has accumulated to their credit two hundred
forty (240) sick leave hours, may choose to convert a portion of the yearly sick leave
granted for any given year to vacation, according to the following provisions:
OPERATIONS
Number of Shifts Used* Prior to December 31
of the Current Calendar Year
Shifts Available for Conversion
0 hours(no shifts)5 shifts
24 hours (1 shift)4 shifts
48 hours (2 shifts)3 shifts
72 hours (3 shifts)2 shifts
96 hours (4 shifts)1 shift
120 hours or more (5 or more shifts)0 shifts
SUPPORT
Number of Sick Leave Hours Used* Prior to
December 31 of the Current Calendar Year
Sick Leave Days Available for
Conversion
Zero hours 72 hours
0-8 hours 64 hours
8-16 hours 56 hours
16-24 hours 48 hours
24-32 hours 40 hours
Over 32 hours 0 hours
*For the purposes of this section “Shifts Used” or “Hours Used” do not include time
subtracted for the use of Dependent Leave pursuant to subsection K below.
Such converted sick leave shall be permitted as vacation to be used in addition to any
other vacation awarded to an Eligible Employee. Converted sick leave shall be
deemed taken prior to any other vacation time. The conversion of sick leave shall be
subject to the requirements and limitations on accumulated vacation as stated in Article
8, Section C. Therefore, an Eligible Employee may draw the converted vacation in the
current vacation draw (third draw) or convert the sick leave to accumulated vacation
up to the maximums provided therein.
D. Sick Leave Credit Forward
Subject to subsection F below, the balance of the yearly sick leave not converted to
vacation as provided for in Section C (hereinafter “Available Conversion Hours”), less
the number used during that calendar year as sick leave, shall be carried forward as
accumulated sick leave.
LOCAL 81 MOU Page 17
E. Notification of Election
An Eligible Employee’s election to convert any sick leave to vacation time must be
made in writing on the forms provided by the SLCFD. This written election shall be
completed prior to or commensurate with the last day of the designated annual
vacation draw for Operations employees.
If an Eligible Employee uses sick leave after he or she elects to convert, but before the
end of the year, the amount of accumulated sick leave or converted vacation will be
corrected.
F. City Contribution
The carry forward of yearly sick leave into accumulated sick leave shall be subject to
the following limitations.
1. Those Eligible Employees who have fewer than 1000 (Operations) hours of
accumulated sick leave, or the Support hour equivalent if applicable, may carry
forward their Available Conversion Hours as accumulated sick leave to the
extent such carry forward does not result in the Eligible Employee having in
excess of 1000 (Operations) hours of accumulated sick leave, or the Support
hour equivalent if applicable. Any Available Conversion Hours in excess of
said amount shall be paid out pursuant to Subsection 3 below.
2. Those Eligible Employees who have 1000 (Operations) hours or more of
accumulated sick leave, or the Support hour equivalent if applicable, may not
carry forward their Available Conversion Hours and such hours shall be paid
out pursuant to Subsection 3 below.
3. The City shall pay those hours required to be paid pursuant to Subsections 1
and 2 above by contributing to the 501(c)(9) Health Plan the value of the
Available Conversion Hours. The value of this contribution shall be based on
the wage schedule effective on December 31 of the subject year. Prior to the
contribution, the City shall convert the Available Conversion Hours of Eligible
Employees who are assigned to Operations from the Operations rate to the
Support rate using the 3:2 ratio. This contribution shall be automatic and not
subject to election by those Eligible Employees qualifying under this
paragraph.
G. Retirement Benefits
Upon an Eligible Employee retiring between July 1 and December 31, the City will
pay a contribution, in the amount of fifty percent (50%) of the cash value of the
Eligible Employee’s accumulated, unused sick leave, to the employee’s Nationwide
Post-Employment Health Plan account in accordance with the provisions and
LOCAL 81 MOU Page 18
requirements of that Plan. The value of the sick leave will be calculated as stated
above.
Upon an Eligible Employee retiring between January 1 and June 30, the City will pay
to the Eligible Employee twenty-five percent (25%) of the cash value of the Eligible
Employee’s accumulated, unused sick leave. For all Eligible Employees, the value of
the sick leave will be calculated using the hourly Support Rate of pay in effect on the
Eligible Employee’s last day of compensation prior to retirement. Sick leave
accumulated as Operations hours will be converted to Support hours for the purposes
of these calculations.
This provision shall not act to reinstate an Eligible Employee with sick leave benefits
that were in any respect lost, used, or forfeited prior to the effective date of this MOU.
Retirement benefits provided in this Section G are subject to appropriation of funds.
H. Hospitalization
1. Hospitalization leave shall be provided for an Eligible Employee under Plan
“A,” in addition to sick leave authorized as insurance against loss of income
when an Eligible Employee is unable to perform assigned duties because of
scheduled surgical procedures, urgent medical treatment, or hospital admission.
2. An Eligible Employee shall be entitled to 30 Support days (15 Operations
shifts) of hospitalization leave each calendar year. Hospitalization leave shall
not accumulate from year to year. An Eligible Employee may not convert
hospitalization leave to vacation or any other leave nor may he or she convert
hospitalization leave to any additional benefit at time of retirement.
3. An Eligible Employee who is unable to perform his or her duties during a shift
due to preparations for (such as fasting, rest, or ingestion of medicine) or
participation in a scheduled surgical procedure shall obtain permission of the
staffing office or supervisor as applicable prior to the scheduled procedure.
With approval, the Eligible Employee may report the absence from the affected
shift as hospitalization leave.
4. An Eligible Employee who must receive urgent medical treatment at a hospital,
emergency room, or acute care facility and who is unable to perform his or her
duties during a shift due to urgent medical treatment may report the absence
from the affected shift as hospitalization leave. The Eligible Employee is
responsible to report the receipt of urgent medical treatment to the staffing
office or supervisor as soon as practical. Herein urgent medical treatment
includes at-home care directed by a physician immediately after the urgent
medical treatment and within the affected shift.
LOCAL 81 MOU Page 19
5. An Eligible Employee who is admitted to a hospital for medical treatment so
that he or she is unable to perform his or her duties may report the absence
from duty as hospitalization leave.
6. Medical treatment consisting exclusively or primarily of post injury
rehabilitation or therapy treatment, whether conducted in a hospital or other
medical facility, shall not be counted as hospitalization leave.
7. An Eligible Employee requesting hospitalization leave under this section may
be required to provide verification of treatment from a competent medical
practitioner.
I. Authorized Sick Leave and Hospital Benefits
An Eligible Employee shall be entitled to receive sick leave or hospitalization leave
benefits for illness or injuries arising out of or in the course of employment for an
employer other than the City; provided, however, that as a condition of granting such
leave, the City may require that it be subrogated to the Eligible Employee's rights of
recovery against any person or organization associated with such injury. The City
shall have the exclusive right to decide whether to require subrogation and/or seek
recovery; provided, however, that full recovery by and reimbursement to the City of all
its expenses associated with the Eligible Employee's injury, including medical and
leave costs, shall have the effect of re-vesting with the Eligible Employee all sick leave
and hospitalization leave entitlements used as the result of such injury. The Eligible
Employee may petition the City Attorney's Office not to pursue legal action for
damages against a third party; however, the decision to seek recovery rests solely with
the City Attorney.
J. Regular Salary to be Continued
Each Eligible Employee who takes authorized sick leave or authorized hospitalization
leave shall continue to receive his or her regular salary during their absence from work
for the periods set forth in this Article.
K. Dependent Leave
1. An Eligible Employee may request Dependent Leave to care for the Eligible
Employee’s child, spouse, or parent who is ill or injured but may not have a
serious health condition (non-FMLA-qualifying event).
2. The following provisions apply to the use of Dependent Leave:
a. Dependent Leave may be granted with pay on a straight-time basis.
b. The SLCFD may require an Eligible Employee to provide information
about the need for Dependent Leave.
LOCAL 81 MOU Page 20
c. An Eligible Employee's sick leave shall be reduced by the number of
days/shifts taken by an Eligible Employee as Dependent Leave under
this paragraph.
L. Career Incentive Leave
Eligible Employees, who have been in consecutive Full-Time employment with the
City for more than twenty (20) years, and who have accumulated to their credit One
Thousand (1,000) Operations hours or more sick leave hours, may make a one-time
election to convert up to One Hundred Sixty (160) hours of sick leave into Eighty (80)
hours of paid Career Incentive Leave. Career Incentive Leave must be taken prior to
retirement. Sick leave hours converted to Career Incentive Leave will not be eligible
for a cash payout upon termination or retirement even though the employee has unused
Career Incentive Leave hours available. This leave can be used for any reason. Those
employees working Support may compute their accumulated hours into Operations
hours for the purpose of this Section using the 3:2 ratio.
M. On-Duty Shifts for Personnel Defined
For computation purposes of this article, the term "on-duty shift" for Eligible
Employees of the Operations Division shall mean a 24-hour working day; benefits will
be provided at the rate of 24 hours for each shift provided, i.e. 15 days of sick leave
equals 7.5 scheduled working (24-hour shifts.) There is no expectation by the City
that all sick leave use shall be in full-shift increments (8, 10, 12, or 24 hours). Sick
leave may be used as needed in minimum one-hour blocks.
For Eligible Employees who regularly perform Support work, sick leave equals
120 hours.
In the event sick leave or vacation hours need to be converted from Operational to
Support, they shall be converted at a ratio of 3:2 (i.e. twenty four (24) hours of
Operational sick leave shall equal sixteen (16) hours of Support sick leave and vice-
versa).
It is not the intent of this MOU to increase sick leave or vacation benefits as a result of
the conversion to 24-hour work shifts.
N. Long-Term Disability Compensation
In addition to any state or federal disability plans, optional long-term disability is
available to Eligible Employees who enroll in the City’s long-term disability program.
The City, at its own expense, shall have the right and opportunity to require an Eligible
Employee to obtain a medical examination when and as often as may be reasonably
necessary to determine the Eligible Employee’s continued eligibility. An Eligible
LOCAL 81 MOU Page 21
Employee refusing such an examination shall be ineligible for the benefits provided by
this paragraph.
Refusal to submit to treatment for disabilities while receiving benefits under the long-
term disability program shall be grounds for termination of compensation specified
hereunder.
When any injury for which compensation is payable under this long-term disability
program shall be caused by the wrongful act or negligence of another person, the City
may require an Eligible Employee claiming long-term disability compensation, to
assign to the City any action for damage against such person.
If an Eligible Employee of the City becomes entitled to receive Workers
Compensation as a result of suffering a City service-connected injury or illness of a
type not compensated under the foregoing provisions of this section, such Eligible
Employees shall be paid Workers Compensation as provided by law; provided
however, that he or she may elect to use, during such disability, his or her accumulated
sick leave credit and vacation time, in such increments that will, when added to his or
her Workers Compensation payments allow the Eligible Employee to collect One
Hundred percent (100%) of his or her net wage or salary; and provided further, that
satisfactory evidence of such election shall be transmitted by said Eligible Employee to
Human Resources prior to payment.
For purposes of this provision, “net wage or salary” shall mean gross compensation
less federal and state income tax and FICA withholding. In no event shall an Eligible
Employee collect more than One Hundred percent (100%) of his or her net wage or
salary.
O.Point of Contact
The City shall designate a point of contact to whom employees can ask questions
regarding the policies and procedures governing Article 8.
ARTICLE 9 – (“PLAN B” ONLY) PERSONAL LEAVE
The following apply only to those Eligible Employees who are on Plan “B” during the
term of this Memorandum:
A. Paid Personal Leave
Paid personal leave shall be provided for Eligible Employees as insurance against loss
of income when an Eligible Employee needs to be absent from work because of illness
or injury, to care for a dependent, bereavement leave or for any other emergency or
personal reason. Where the leave is not related to the Eligible Employee’s own illness
or injury— or an event that qualifies under the FMLA—approval of a personal leave
LOCAL 81 MOU Page 22
request is subject to supervisory approval based on the operational requirements of the
City.
An Eligible Employee shall be awarded, and shall immediately be able to use, his or
her personal leave on:
•2021: November 21, 2021
•2022: November 20, 2022
•2023 November 19, 2023
In each calendar year, paid personal leave hours based on the following schedule:
Months of Consecutive
City Service
Hours or Shifts of Personal Leave
Less than 6 40 Support hours for personnel who regularly perform Support work
or 2.5 Operations shifts for Operations personnel
More than 6, less than 24 60 Support hours for personnel who regularly perform Support work
or 4 Operations shifts for Operations personnel
24 or more 80 Support hours for personnel who regularly perform Support work
or 5 Operations shifts for Operations personnel
New Eligible Employees hired between the beginning of the plan year through April
will receive forty (40) Support hours or two and one half (2.5) Operations shifts of
leave time. Those hired between May and November will receive twenty four (24)
Support hours or one and one half (1.5) Operations shifts. Any Eligible Employee
hired between November 1 and the end of the plan year will receive eight (8) Support
hours or one-half Operations shift.
B. City Contribution
Eligible Employees may not carry over more than one hundred and twelve (112)
Support hours or seven (7) Operations shifts of personal leave to the next plan year,
which begins the second pay period of November. For any personal leave unused by
an Eligible Employee in excess of one hundred and twelve (112) Support hours or
seven (7) Operations shifts for Operations personnel on that date, the City shall
contribute a maximum of eighty (80) Support hours or five (5) Operations shifts for
Operations personnel of the unused personal leave to the 501(c)(9) Health Plan. The
value of this contribution shall be based on the wage schedule at the end of the plan
year. Prior to contribution, the City shall convert the unused personal leave hours for
Eligible Employees assigned to Operations from the Operations rate to the Support
rate using the 3:2 ratio. This contribution shall not be subject to election by the
Eligible Employee.
LOCAL 81 MOU Page 23
C. Carry Over of Personal Leave
Any Eligible Employee’s personal leave hours not contributed according to Section B
above shall carry over to the next plan year. Prior to the end of the plan year, during
annual vacation draw (third draw), Eligible Employees may draw up to four personal
leave shifts. Personal leave shifts drawn at vacation draw shall be considered used time
for purposes of determining available unused personal leave hours at the end of the
plan year.
D. Conditions of Use of Paid Personal Leave
Based upon the need to operate at acceptable staffing levels, and to maintain the safety
of the public and SLCFD personnel, the following conditions on use apply:
1. Minimum use of paid personal leave is in one (1) hour increments and
must be approved by the Eligible Employee’s Station Captain,
immediate supervisor, or staffing office.
2. In situations where paid personal leave is used for illness, dependent or
funeral leave, notice should be given as soon as possible but in no case
less than one and one half (1.5) hours prior to shift change except in
unforeseen or extraordinary circumstances, such as emergency or
accident, in which case the Eligible Employee must provide as much
notice as reasonably possible.
E. Career Enhancement Leave
Eligible Employees who have completed fifteen (15) years of full-time service with the
City are eligible to be selected to receive a one-time career enhancement leave of up to
two weeks. This leave could be used for formal training, informal course of study, job
related travel, internship, mentoring or other activity which could be of benefit to the
City and the employee’s career development. Selected employees shall receive their
full regular wages during the leave. Requests for this leave must be submitted in
writing to the Fire Chief, stating the purpose of the request and how the leave is
intended to benefit the City. The Fire Chief then must approve the request.
F. Retirement/Layoff (RL) Benefit
Eligible Employees who have converted from Plan “A” to Plan “B” shall continue to
maintain their RL account in the amount of the converted hours less any hours
withdrawn from such accounts since they were established.
G. Payment of the RL Account
LOCAL 81 MOU Page 24
1. All of the hours in the RL account shall be payable upon layoff or retirement as
follows: The Eligible Employee shall be paid his/her hourly rate of pay on date
of termination for each hour in the Eligible Employee's RL account.
2. Upon an Eligible Employee retiring between January 1 and June 30, the City
will pay to the Eligible Employee the cash value of the Eligible Employee’s RL
account. The value of that contribution will be calculated using the hourly
Support Rate of pay on the Eligible Employee’s last day worked prior to
retirement. Should such hours have been placed into and maintained in the RL
account as Operations hours, they shall be converted to Support hours using the
ratio provided for herein.
3. Upon an Eligible Employee retiring between July 1 and December 31, the City
will pay a contribution, in the amount of the cash value of the Eligible
Employee’s RL account, to the employee’s Nationwide Post-Employment
Health Plan account in accordance with the provisions and requirements of that
Plan. The value of the RL account will be calculated as stated above.
4. Hours may be withdrawn from the RL account for emergencies after personal
leave hours are exhausted, and with approval of the Eligible Employee's
appropriate Battalion Chief. Approval shall not be unreasonably denied. It is
understood that hours used from the RL account shall be governed by the same
rules of usage that are applied to sick leave hours. RL account hours may also
be used as a supplement to Workers Compensation benefits which, when added
to the Eligible Employee’s Workers Compensation benefits, equals the Eligible
Employee's regular net salary. The Eligible Employee must make an election
in writing to the Director of Management Services to use RL account hours to
supplement Workers' Compensation benefits.
H. Short Term Disability Insurance
Protection against loss of income when an Eligible Employee is absent from work due
to short term disability shall be provided to employees covered under Plan “B” through
short term disability insurance (SDI). There shall be no cost to the Eligible Employee
for shall be administered in accordance with the terms determined by the City.
The City will seek recommendations from its benefits committee. As one of the
conditions of receiving SDI, the Eligible Employee may be required to submit to a
medical examination. The agreement between the City and Third Party Administrator
of the SDI program will be available for review in the City's InfoBase and at the
Human Resource Management Office. At the request and agreement of the Eligible
Employee, the City may provide temporary light duty assignments to Eligible
Employees on SDI, provided a light duty assignment is available, and the Eligible
Employee provides proper medical releases.
I. Termination Benefits
LOCAL 81 MOU Page 25
At termination of an Eligible Employee for any reason, the City shall contribute the
value of accumulated unused personal leave hours, in excess of eighty (80) Support
hours or five (5) Operations shifts of personnel of personal leave to the Nationwide
Post Employment Health Plan as required by this Article. Any remaining accumulated
unused personal leave minus any adjustment necessary after calculating the “prorated
amount,” shall be paid to the employee at fifty (50) percent of the hourly base wage
rate on the date of termination for each unused hour subject to appropriations of funds.
For purposes of this subparagraph, “prorated amount” shall mean the amount of
personal leave credited at the beginning of the plan year, multiplied by the ratio of the
number of months worked in the plan year (rounded to the end of the month which
includes the date of separation) to twelve (12) months. If the Eligible Employee, at the
time of separation, has used personal leave in excess of the prorated amount, the value
of the excess amount shall be reimbursed to the City and may be deducted from the
Eligible Employee's final paycheck.
J.Point of Contact
The City shall designate a point of contact to whom employees can ask questions
regarding the policies and procedures governing Article 9.
ARTICLE 10 – (PLAN “A” & PLAN “B”) LEAVES OF ABSENCE
Full-time Eligible Employees shall be eligible for leaves of absence under the
following circumstances:
A. Bereavement Leave
Bereavement Leave may be approved by the Fire Chief or designee for the death of
persons who stood in loco parentis for the Eligible Employee or Eligible Employee’s
spouse.
The provisions of Bereavement Leave shall not be applicable to Eligible Employees
who are on an unpaid leave of absence.
1. Time off with pay will be granted a full-time Eligible Employee who suffers, or
whose spouse suffers, the loss of an immediate family member (defined as a
spouse, domestic partner, adult designee, child, brother, sister, parent,
grandparent, or grandchild, or the equivalent relationship established through
marriage, i.e. “step” relations). In the event of death in any of these instances,
an Eligible Employee will be paid his/her regular pay for five (5) consecutive
days or two (2) Operations shifts of scheduled work time including the time of
death or including the memorial service. Satisfactory proof of such death,
together with the date thereof and the date and location of the memorial
service, must be furnished by Eligible Employees to the Fire Chief or designee
upon request.
LOCAL 81 MOU Page 26
2. In the event of death of relatives other than those enumerated in Paragraph A,
Section 1 above, an Eligible Employee will be paid for time off from scheduled
working hours while attending the funeral services for such person, not to
exceed one Support shift of eight (8), ten (10), or twelve (12) hours or one
Operations shift of twenty-four (24) hours.
3. In the event of death of friends, an Eligible Employee may exchange time
under existing rules, be granted available time off, or take time off without pay
while attending the funeral services for such persons, not to exceed four (4)
hours subject to the approval of their immediate supervisor.
4. In the event the death of any member of the immediate family occurs while an
Eligible Employee is on vacation, his or her vacation will be extended by the
amount of time authorized as funeral leave.
B. Family Medical Leave Act (FMLA)
Benefits in this article continue income to Eligible Employees during absence due to
illness, accident, or personal reasons. Some of these absences may qualify under the
Family and Medical Leave Act (FMLA). This is a federal law that provides up to 12
weeks of unpaid leave each year and protects jobs and health care benefits for Eligible
Employees who need to be off work for certain “family and medical” reasons. Eligible
Employees may access a complete copy of the City’s FMLA policy on the City’s
intranet or may request a copy from the City’s Division of Human Resource. The City
requires all Eligible Employees using FMLA leave to exhaust their paid leave
allotments for FMLA- qualifying events prior to taking FMLA leave unpaid. The paid
leave parameters are defined in this MOU.
C. Eligible Employees who enter Military Service
Eligible Employees who enter the active service of the Utah State National Guard or in
the service of a uniformed services of the United States, including the United States
Army, United States Navy, United States Marine Corps, United States Air Force,
commissioned corps of the National Oceanic and Atmospheric Administration, or the
commissioned corps of the Public Health Service, shall be entitled to be absent from
their duties and service with the City, without pay, as required by the state and federal
laws. Military leave shall be consistent with the federal Uniform Services Employment
and Reemployment Act and according to Utah code.
LOCAL 81 MOU Page 27
D. Pay while on Military Leave
Eligible Employees who are or shall become members of the organized reserves of the
United States Army, Navy, Air Force, Coast Guard, and Marines or any unit of the
Utah National Guard shall be allowed full pay for all time not in excess of fifteen (15)
continuous calendar days (7.5 Operations shifts) per year spent on military active duty
in connection with the requirements of the Service. This leave shall be in addition to
annual vacation leave with pay.
An Eligible Employee claiming a military benefit must provide documentation to the
City demonstrating the duty.
An Eligible Employee may carry over no more than 7.5 Operations shifts (or 15
Support days) of military leave each calendar year, not to exceed fifteen (15)
Operations shifts (or 30 Support days) at any one time. An Eligible Employee will not
receive any compensation for unused military leave upon separation or retirement from
the City.
E. Leave for Jury Duty
All Eligible Employees shall receive their regular wages for any scheduled work
missed due to jury service. Any City compensated time spent in jury service shall be
counted as time worked for purposes of the FLSA. In addition, Eligible Employees
are entitled to receive and retain statutory juror's fees paid for jury service in State and
Federal Courts subject this Article. No reduction in an Eligible Employee's wages
shall be made for absence from scheduled work period resulting from such jury
service. On those days that an Eligible Employee is required to report for jury service
and is thereafter excused from such service during their regular working hours for the
City, he/she shall forthwith return to and carry on his/ her regular City employment.
Failure to return to work shall result in disciplinary action and forfeiture of that day's
pay for such Eligible Employee. Eligible Employees are required to give their
supervisors as much advanced notification as possible regarding jury duty that may
require them to be absent from scheduled work.
F. Subpoena Duty
If an Eligible Employee during their off duty time is directed by the City to do work
associated with a subpoena as a result of their Fire Department duty assignment, the
Eligible Employee shall be paid at their wage rate for time worked. Preparation time
shall be compensated if directed by the City, approved by the Fire Chief or designee,
and verified by the Eligible Employee.
LOCAL 81 MOU Page 28
G. Injury Leave
The City shall establish rules and procedures for administration of an injury leave
program (supplemental to sick or personal leave) for Eligible Employees, under the
following conditions:
1. The injury must have resulted from a documented incident while the Eligible
Employee was on duty and performing job-related activities.
2. The Eligible Employee must be unable to work due to the injury as verified by
a competent medical practitioner.
3. The Injury Leave must not exceed the value of the Eligible Employee’s net
wage or salary during the period of absence due to the injury, less all amounts
paid or credited to the SLCFD employee by Workers Compensation, social
security, disability, or retirement benefits, or any form of governmental relief.
“Net wage or salary” for purposes of this provision shall mean gross
compensation less Federal and State income tax and FICA withholding. In no
event shall an Eligible Employee collect more than One Hundred percent
(100%) of his or her net wage or salary.
4. The value of injury leave shall not exceed Five Thousand Dollars ($5,000) per
Eligible Employee per incident, unless approved in writing by the Fire Chief.
5. The Fire Chief shall review and approve injury leave claims. Appeals from the
decision of the Fire Chief may be received by the Mayor’s Designee who will
make recommendations to the Mayor for final decision.
6. If an Eligible Employee is eligible for Workers Compensation and is not
receiving injury leave pursuant to this Section, said Eligible Employee may
elect in writing to Human Resources to use accumulated sick or personal leave
or authorized vacation time to supplement the Eligible Employee's Workers
Compensation, not to exceed the Eligible Employee's net wage or salary.
7. The City and Local 81 will establish a policy that is intended to return an
injured Eligible Employee back to work as soon as possible. The policy shall
include, but not be limited to, a light duty program and incentives to encourage
an Eligible Employee to pursue recovery aggressively and to return to work.
LOCAL 81 MOU Page 29
ARTICLE 11 – ADDITIONAL ALLOWANCES
A. Leaves of Absence
Eligible Employees may be eligible for additional leaves of absence at the approval of
the Fire Chief. Any Eligible Employee who requests such leave shall be subject to the
following limitations:
•The leave shall be unpaid.
•Unless the leave of absence is attributable to an FMLA qualifying
event, that Eligible Employee's seniority shall be reduced the same
number of days that such leave was in effect.
•Upon return from such leave the Eligible Employee shall be reinstated
after successful completion of a physical and performance review as
stipulated by the Chief.
B. Educational Incentive Pay
Employees who have completed all required basic training courses and probationary
periods shall be entitled to the following monthly allowances according to the
educational degree held by such Employees:
•Doctorate $100 per month
•Masters $75 per month
•Bachelors $50 per month
•Associate $35 per month
A Employee shall be eligible for incentive pay hereunder following submission of his
or her diploma evidencing completion of degree requirements at a fully accredited
college or university to the Fire Chief or designee.
C. Tuition Reimbursement
The Eligible Employee will participate in and comply with the provisions of the City’s
tuition reimbursement policy as they are developed through the Benefits Committee
and Human Resources Policy, subject to funding.
Notwithstanding the foregoing, all parties agree that Eligible Employees working in
Operations may, with the approval of the Eligible Employees’ Station Captain, use an
appropriate amount of time at the Station for study and other tasks related to
LOCAL 81 MOU Page 30
educational advancement provided such use of study time does not interfere with
duties and expectations the Eligible Employee is required to fulfill.
D. Uniform Allowance
Dangerous or contaminated safety equipment shall be cleaned, repaired, or replaced by
the SLCFD.
The SLCFD will provide at no cost to the Sworn Employee, NFPA approved
protective outer clothing (including, but not limited to, turnouts and brush jackets) and
safety equipment that is required in the performance of his/her duties.
In addition, effective July 1st of each year covered by this MOU, each Sworn
Employee may purchase authorized uniform, clothing, or equipment items at a cost of
up to Six Hundred Dollars ($600) per fiscal year. Sworn Employees will be able to
use this allowance through a voucher, invoicing, or reimbursement system at approved
uniform or equipment vendors. The Department will arrange for the respective
mechanisms of purchase with uniform or equipment vendors and provide a list of
approved items and vendors in Department policy.
Unused balances of uniform allowance will not roll over from year to year. However,
should the implementation of the mechanisms stated above for the use of the
allowance be significantly delayed, unused amounts will be rolled over into the next
fiscal year to allow a reasonable opportunity for Sworn Employees to use their uniform
allowance.
E. Mileage Allowance
Eligible Employees who are authorized to use and who do use privately owned
automobiles for official City business shall be reimbursed for their operation expenses
as allowed by City policy. Reimbursement forms must be submitted at least quarterly,
for accounting reasons.
Before payment is made to an Eligible Employee pursuant to the terms of this
paragraph, the Eligible Employee’s supervisor must authorize the use of the
automobile and the mileage traveled must be verified by the head of the department (or
designee) involved. Verification and reimbursement shall be on forms and in the
manner provided in administrative procedures, as prescribed by the City Finance
Director.
LOCAL 81 MOU Page 31
ARTICLE 12 – INSURANCE
The City will make available life, accidental death and dismemberment, health, dental
insurance and long term disability (income protection program) to all Eligible
Employees, upon the terms and conditions as may be from time to time determined by
the City.
The City will make available a consulting service that will provide counseling for drug
abuse, alcoholism, and marriage counseling, comparable to what is currently provided.
The City will participate in the Employee’s Post-Employment Health Reimbursement
Account, as adopted by the City by contract and ordinance. The City will contribute
Six Hundred Dollars ($600) per year (prorated per Eligible Employee’s biweekly pay
period) into each Eligible Employee’s 501(C)(9) Post Employment Health Plan
account.
ARTICLE 13 – PENSION PLAN CONTRIBUTION
During the term of this MOU, for Tier I Eligible Employees, the City shall pay the
employer’s and the Eligible Employee’s monthly retirement contributions required to
be paid to the Utah State Retirement Fund at the contribution rate determined or
adjusted by the Utah State Retirement Board.
For Eligible Employees hired after July 1, 2011 and enrolled in the Tier 2 Public
Safety
Retirement System, as defined in state code, the City shall make the contributions to
the Tier 2 Hybrid Retirement System or the Tier 2 Defined Contribution Plan pursuant
to the Eligible Employee’s election and as required by the statute.
The City will make available a Section 457 and 401k (IRS Code) Deferred
Compensation Plan and where possible other deferred compensation plans consistent
with state and federal laws.
ARTICLE 14 – SIGNIFICANT EXPOSURE
The City and Local 81 recognize the importance of testing for infectious disease any
individual who causes a significant exposure to an Eligible Employee. The City shall
provide appropriate legal support to move, as provided in Utah law, for a necessary
court order directing such testing. The City shall also provide all necessary medical
evaluation and follow-up medical intervention for an Eligible Employee who has been
subject to significant exposure. The City and Local 81 shall develop a training
program for Eligible Employees and their supervisors, regarding appropriate actions
when an Eligible Employee has a significant exposure.
LOCAL 81 MOU Page 32
ARTICLE 15 – STANDING COMMITTEES
A. Labor Management Committee
There shall be established a committee composed of the Executive Staff of the SLCFD
and the Executive Board of the Union. This committee shall meet as needed, and shall
create and maintain minutes of all committee meetings or actions. Such records shall
be maintained for at least five years after the date of any meeting or action.
Either the SLCFD Executive Staff or the Local 81 Executive Board may propose
issues or matters to be considered by the Labor Management Committee. Any such
matters shall be considered at the next scheduled Labor Management Committee
meeting, unless both the Local 81 President and the Fire Chief agree that the matter is
of an urgent nature; in which case the Labor Management Committee shall be
immediately assembled.
The Labor Management Committee shall oversee and give direction to all other
standing committees. The Labor Management Committee may form other committees
for the fulfillment of the SLCFD’s strategic plan or mission. When established, the
Labor Management Committee shall specify for each committee the number of persons
on the committee, the committee make up, the purpose and function of the committee,
how often the committee will meet, and the length of time the committee shall be in
existence.
The Labor Management Committee shall review, edit, and approve the charters which
shall then govern the committees’ activities. The charter may be altered or expanded at
any time with the approval of the Labor Management Committee.
It is understood that the Labor Management Committee is an advisory body, and shall
not act to pre-empt the authority of the Fire Chief or members of the SLCFD
Executive Staff. Similarly, the Labor Management Committee shall have no authority
to direct legal and appropriate Local 81 activities.
The Labor Management Committee has no authority and no role in considering
individual matters grieved under this MOU, except as expressly provided for herein.
However, the Labor Management Committee may consider necessary changes to
SLCFD policies and procedures that may arise out of individual matters grieved.
B. Safety, Wellness and Personal Protective Equipment (PPE) Committee
There shall be a Safety, Wellness and PPE Committee established to make
recommendations to the Labor Management Committee on methods and means of
reducing illness, injuries, and accidents in the SLCFD and promote overall fitness of
the SLCFD. The Committee shall consist of nine (9) members: six (6) appointed by
the Local 81 President and three (3) appointed by the Fire Chief or designee. The
Committee shall appoint two co-chairpersons (co-chairs), one shall be a Local 81
LOCAL 81 MOU Page 33
appointee and one a Fire Chief appointee. The Safety, Wellness and PPE Committee
shall schedule and call its own meetings. It should consider any matter referred to it
by the Labor Management Committee. However, it may, independent of the Labor
Management Committee, evaluate and investigate the safety needs of the SLCFD and
report to and make recommendations to the Labor Management Committee.
C. Apprenticeship Committee
There shall be a Joint Apprenticeship Training Committee (JATC) responsible for the
oversight of the SLCFD apprenticeship program, as approved by the Fire Chief. The
JATC shall consist of six (6) members, three (3) appointed by the Local 81 President,
and three (3) appointed by the Fire Chief. The JATC shall appoint two co-chairs. One
shall be a Local 81 appointee and one a Fire Chief appointee. The JATC shall meet as
needed. The JATC shall monitor the progress of individual apprentices and report to
and make recommendations to the Labor Management Committee.
D. Bid Committee
The bid committee will consist of one member appointed by the Fire Chief or designee
and one Eligible Employee from each of the following classifications: Captain,
Engineer, Paramedic, ARFF, HRT, Swift Water Rescue, Haz- Mat. Committee
members will be selected by the Labor Management Committee and the Committee
shall appoint two co-chairs, one appointed by Local 81 and one by the Fire Chief.
The Chief of the SLCFD or his delegated subordinate officer may assign apparatus,
resources, or personnel, as they deem appropriate for the performance of the SLCFD's
mission. In an effort to provide a fair and equitable way of assigning personnel to
positions within the SLCFD, a bid procedure allowing members of the SLCFD to
express a preference for work assignments is instituted. Bid positions shall be based
upon openings for Eligible Employees and all promotable positions.
The Bid Committee will meet on an annual basis beginning in January of each year
and on every April, July, and October thereafter. By May 1 of each year, the Bid
Committee may submit, in writing, proposed rule changes to the bid procedure to the
Labor Management Committee.
E. EMS Committee
There shall be an EMS Committee established and responsible for the oversight of the
SLCFD’s emergency medical system, as approved by the Fire Chief. The Committee
shall consist of fourteen (14) voting members and two (2) non-voting members. Voting
members will consist of: three Operations Paramedics (one from each platoon
appointed by the Local 81 President); three (3) Operations EMTs (one from each
platoon appointed by the Local 81 President); three (3) Operations Captains (one from
each platoon appointed by the Local 81 President); one (1) Operations Airport
Paramedic (appointed by the Local 81 President) the Battalion Chief of the Medical
LOCAL 81 MOU Page 34
Division, the Captain of the Medical Division, and the Department Medical Director.
The two non-voting members will be the EMS Transport Representative (agreed upon
by both Department and Local 81) and the Medical Office Facilitator. The Committee
shall appoint two co-chairs, one who shall be a Local 81 appointee and one who shall
be appointed by the Fire Chief. The Committee will meet as necessary. The
Committee may provide recommendations to the Fire Chief and Labor Management
Committee regarding protocols, equipment, supplies, research, inter-hospital matters,
and transport issues.
F. Engineers Committee
There shall be an Engineers Committee established for the oversight of fire apparatus
design, maintenance, and purchase as well as continuing Engineer training, as
approved by the Fire Chief. The Committee shall consist of at least one (1) member
appointed by the Fire Chief or designee and nine (9) members, eight Engineers (three
from each platoon appointed by the Local 81 President) and the Apparatus Captain.
The Committee shall meet as needed. The Committee shall appoint two co-chairs, one
who shall be a Local 81 appointee and one who shall be appointed by the Fire Chief or
designee. The Committee may provide recommendations to the Fire Chief and Labor
Management Committee regarding these issues.
G. Dispatch/Communications Committees
SLCFD shall continue to participate in committees established by or with other City
departments or divisions concerning dispatch and radio communications. One of the
Eligible Employees assigned to participate on such committees shall be selected by the
President of Local 81 with the remainder selected by the Fire Chief. Participation in
such committees will be treated as participation on a standing committee for the
purposes of subsections H and I of this Article. In the event the other departments
and/or divisions cease to have committees related to dispatch and radio
communications, the Labor Management Committee may elect to establish one within
the SLCFD as a standing committee.
H. Limitations on Participation
In an effort to broaden the opportunities for service upon Committees, participation
thereon shall be term limited. Except for those positions permanently designated by
specific job title in the preceding Sections (i.e. Apparatus Captain or Safety Officer),
membership on any one Committee shall be limited to a term of two (2) consecutive
calendar years. Committee members may return to a Committee after the completion
of this term after being off of the Committee for one year. Membership shall also be
limited to one standing Committee at a time. These limits may be waived by the Labor
Management Committee in the event that there are not enough interested people to fill
the available slots or for other good cause. Members of Committees appointed by
LOCAL 81 MOU Page 35
Local 81 may be removed by Local 81 and members appointed by the Fire Chief may
be removed by the Fire Chief or designee.
I. Compensation for Committee Work
Time spent in committee meetings or on authorized committee activities shall be
considered “time worked” for purposes of determining compensation for non-exempt
FLSA employees. This provision shall also apply to work performed on any authorized
City/Department committee not expressly provided for herein.
J. Scope of Committee Authority
The Committees referenced above are authorized to make recommendations to the
Labor Management Committee and shall have no other authority beyond that of non-
binding recommendations. All issues brought before the Committees will be
considered by the appropriate Committee whether such issue comes from a union
member or the administration.
ARTICLE 16 – PROCEDURAL RIGHTS
It is the intent of this article to provide procedural safeguards to Eligible Employees
who are under investigation for conduct that may lead to discipline. An Eligible
Employee’s right to representation does not apply to an inquiry, coaching, instruction,
or direction given to an Eligible Employee by his or her immediate supervisor
regardless of whether the action is documented or undocumented. If, during an
inquiry, an Eligible Employee knows or believes that his or her own conduct may lead
to discipline, the employee may request that the inquiry occur by investigative
interview and any further interviewing of the Eligible Employee concerning the matter
shall be conducted pursuant to Section A below.
A. Investigative Interview
When any Eligible Employee is under investigation for conduct that may lead to
discipline, the investigation shall be conducted under the following conditions.
Prior to any interview with the Eligible Employee accused of misconduct, the Eligible
Employee shall be advised of the following:
•The nature of the complaint, and the specific allegation(s) of
misconduct.
•The approximate date(s), time(s), and location(s) of the incident that
gave rise to the allegation(s).
•The Eligible Employee’s right to have representation as provided in
Article IV.
LOCAL 81 MOU Page 36
•The investigative interview shall specifically and narrowly focus on the
Eligible Employee’s conduct.
A recording of the investigative interview session with the Eligible Employee may be made.
The City, Local 81 or the Eligible Employee may make a recording of the interview session,
provided however, that no recording shall take place without the knowledge of all parties
present. Any such recording(s) shall be provided to the City, Local 81 or the Eligible
Employee upon request.
Persons conducting the investigation may not:
•Subject an Eligible Employee to offensive language or threaten
disciplinary action, except an Eligible Employee refusing to respond to
questions or submit to interviews shall be informed that failure to
answer questions narrowly and directly related to the Eligible
Employee’s conduct may result in disciplinary action;
•Make any promise of reward or leniency as an inducement for the
Eligible Employee to answer any questions.
The Eligible Employee shall be notified, in writing, of the disposition of any
investigation, including a disposition of each allegation, and the action to be
administered, if applicable. If the Eligible Employee has not been informed regarding
the disposition of any investigation within sixty (60) calendar days after the
investigative interview with the employee accused of misconduct, the Eligible
Employee may request a status report from the SLCFD’s HR Consultant of the
investigation and any disposition of charges. Within seven (7) calendar days after
receiving the request, the City shall inform the Eligible Employee of the status of the
investigation and the likely time required to resolve the charges.
B. Pre-Determination Hearing
The pre-determination process shall provide, at a minimum, the following procedural
safeguards:
•The Eligible Employee’s right to have representation as stated in
Article 4;
•Prior to any pre-determination hearing, the Eligible Employee and
his/her representative will be afforded a reasonable opportunity to
examine the evidence being relied upon by the City;
•The Eligible Employee will be provided with a notice of the allegations,
a statement of the grounds for the allegations and the evidence relied
upon;
LOCAL 81 MOU Page 37
•The Eligible Employee shall be afforded an opportunity to respond to
the allegations; and
•The Eligible Employee will typically be notified of the results of the
pre-determination hearing within ten (10) business days (or by the date
of their next shift on duty if they are not working on the tenth business
day). If rendering a determination will take more than ten (10) business
days, the employee will be provided written notice within the ten (10)
business day period that the determination will not be available until a
later date. If rendering a determination will take more than thirty (30)
calendar days, the employee will be also be provided written notice
within the thirty (30) calendar day period that the determination will not
be available until a later date. If the Eligible Employee has not been
informed regarding the determination of the pre-determination hearing
within sixty (60) calendar days after the pre-determination hearing, the
Eligible Employee may request a status report from the SLCFD’s HR
Consultant regarding the pre-determination hearing and any
determination regarding the charges. Within seven (7) calendar days
after receiving the request, the City shall inform the Eligible Employee
of the status of the investigation and the likely time required to resolve
the charges presented at the pre-determination hearing.
C. Remedy
No Eligible Employee shall be subjected to disciplinary action except upon
compliance with the procedural rights provided in this article. Any discipline
administered by the City shall be appropriate for the offense and shall take into
account the Eligible Employee’s employment history including any rescinded
discipline. The City shall apply its rules, orders and penalties even-handedly and
without discrimination.
In the event there is a finding by the Fire Chief or designee that these procedural rights
have not been substantially complied with, the disciplinary action taken shall be
rescinded.
ARTICLE 17 – GRIEVANCE PROCEDURE
It is the City’s and Local 81’s intent to resolve grievances fairly, properly, and at the
lowest operational level possible.
A. General Rules for Grievances
The following rules apply to the three types of grievances outlined in this article.
LOCAL 81 MOU Page 38
1. The time limits set forth in this article are of the essence. The City and
Local 81 or the Eligible Employee may mutually agree to extend the
time limits in writing. Failure by Local 81 or the Eligible Employee to
file a grievance within the timelines provided below shall result in the
automatic withdrawal of the grievance, unless such failure to timely file
was the result of the Eligible Employee’s reasonable reliance on a
written representation of the City. Once a grievance has been timely
filed, failure to follow the timelines as outlined shall cause the
grievance to move to the next level. The City shall accept no grievance
unless it is submitted or appealed within the time limits set forth in this
article.
2. Unless otherwise provided in this MOU, time spent by Eligible
Employees resolving grievances is not working time and shall not be
compensated. However, if any review of a grievance is held during the
Eligible Employee’s normal working hours/shift, the Eligible Employee
shall not suffer a loss of compensation.
3. An Eligible Employee may be represented per Article 4 of this MOU.
4. An Eligible Employee or Local 81 Board member shall not be subjected
to retaliation, punitive action, or discrimination in any aspect of
employment for the lawful exercise of the grievance procedure.
5. Only grievances expressly provided herein shall be subject to this
grievance procedure.
6. When filing a contractual grievance, Local 81 shall state the basis for
the grievance, the relevant facts, and the specific provision(s) of this
MOU which Local 81 claims the City violated. No new claims may be
made by Local 81 once the grievance has been filed except upon
discovery of additional evidence relating to the grievance.
7. When filing a disciplinary or policy/procedure grievance, the Eligible
Employee shall state the basis for the grievance. No new basis for
appeal may be made by the Eligible Employee except upon discovery
of additional evidence relating to the grievance.
8. Such additional evidence discovered in subparagraphs 6 and 7 above,
shall be communicated to the City as soon as possible upon discovery.
If the additional evidence is conveyed to the City within ten (10)
calendar days from a scheduled hearing date, the hearing date shall be
continued for at least fifteen (15) calendar days.
LOCAL 81 MOU Page 39
9. In a disciplinary appeal, the Eligible Employee and his/her
representative shall have a reasonable opportunity to review all
evidence being relied upon by the City prior to any grievance hearing or
meeting. Any evidence not provided to the Eligible Employee for
reasons of confidentiality or otherwise cannot be used in a grievance
proceeding.
10. In a disciplinary grievance hearing, the Eligible Employee and his/her
representative shall have the right to question the City’s witnesses, call
witnesses in his/her own behalf, and to give rebuttal evidence.
11. In the event that a grievance may reasonably be filed under either
Section C or Section D herein or it is unclear as to which Section is
appropriate, Local 81 may file a notice as provided for herein under
either Section C or Section D and then seek a determination from the
Mayor’s Designee as to the appropriate Section under which such
grievance shall be handled. Pending such determination the deadlines
imposed in this Article shall be tolled.
B. Disciplinary Grievance
Discipline subject to the disciplinary grievance procedure provided by this Article
includes suspension without pay of twenty four (24) hours or less.
The procedure for resolution of a disciplinary grievance shall be as follows.
Step 1. An Eligible Employee may appeal a suspension without pay of twenty four
(24) hours or less by filing a written request for appeal with the Fire Chief or designee
within ten (10) calendar days from the date the employee receives the discipline. The
Fire Chief or designee shall meet with the Eligible Employee regarding the appeal and
may conduct additional meetings or an investigation to resolve the appeal. The Step 1
appeal is not intended to be a formal hearing but rather an opportunity for the
employee or Local 81 to present its case. No witnesses will be required to give
testimony at this meeting, however, the employee shall be entitled to the information
and rights established in Section A.9. of this Article 17. The Fire Chief shall have
thirty (30) calendar days after receiving the appeal to provide the employee a written
decision. In the absence of an appeal the Fire Chief’s decision shall be final and
binding.
Step 2. If the grievance is not resolved at Step 1, an Eligible Employee may, within ten
(10) calendar days from the Fire Chief’s written decision, appeal to the Mayor’s
Office. An Eligible Employee must file his or her appeal within the time required.
The decision of the Mayor shall be final and binding on the aggrieved employee, Local
81 and the City.
LOCAL 81 MOU Page 40
Appeals of discipline taken by SLCFD resulting in a suspension of more than twenty
four (24) hours, demotion, or termination must be undertaken as provided by State law
and City ordinance.
C. Policy/Procedure Grievance
A Policy/Procedure grievance is defined as an alleged violation of a specific provision
of the City or SLCFD policies and procedures. An Eligible Employee(s) who believes
that he or she has received inequitable treatment because of an alleged violation of a
specific provision of SLCFD policy or procedure may, personally, or through
representatives, utilize the grievance procedure outlined herein.
The procedural steps for resolution of a Policy/Procedure grievance shall be as
follows:
1. Pre-Grievance Procedure & Notice
Prior to the filing of a formal grievance and within thirty (30) calendar days of
the event giving rise to the potential grievance or thirty (30) days after the
Eligible Employee should reasonably have learned of the event giving rise to
the potential grievance, whichever is later, the Eligible Employee must file, in
writing, a notice as to the nature of the potential grievance including the
specific policy or procedure violated and the facts relevant to the alleged
violation. Such notice shall be filed with the Battalion Chief or appropriate
Division Chief. The Battalion Chief or Division Chief receiving the notice
shall refer the matter to an ad-hoc committee consisting of: 1) a Battalion
Chief or Division Chief from a division or platoon other than the one in which
the alleged violation occurred, as appointed by the Fire Chief; 2) a
representative designated by Local 81; and 3) a representative designated by
City Human Resource department. This ad-hoc review committee shall review
the notice and provide, within twenty (20) calendar days, a nonbinding
recommendation to the Labor Management Committee as to the merits of the
grievance. The review committee need not agree or reach a majority opinion
and each member will have the option to submit individual recommendations
to the Labor Management Committee. The Labor Management Committee
shall then review the original notice and review committee’s
recommendation(s) at its next available meeting and address the merits thereof.
The Labor Management Committee will provide a written notice to the Eligible
Employee of its review and the remedy, if any, taken as a result of the
employee’s filing of notification. If the Eligible Employee is dissatisfied with
the Labor Management Committee’s explanation or resolution, the employee
may proceed to Step 1 of the formal grievance procedure. In the event that a
formal grievance is filed under Subsection 2 below, neither the
recommendation of the ad-hoc committee or review and remedy suggested by
the Labor Management Committee shall be binding on the determination of the
Step 1 or Step 2 grievance.
LOCAL 81 MOU Page 41
2. Formal Grievance
Step 1 The Eligible Employee shall, within thirty (30) calendar days after
receipt of the Labor Management Committee’s determination under Subsection
1, file a written grievance with the Fire Chief. Within twenty (20) calendar
days after receipt of the written appeal, the Chief or designee shall answer the
grievance in writing.
Step 2 If the grievance is not settled at Step 1, the Eligible Employee may,
within fifteen (15) calendar days after receiving the Chief’s or designee’s
decision, present the grievance to the Mayor or his/her designee for review,
investigation, and final decision. The Mayor or his/her designee shall submit a
written decision to the Fire Chief and the Eligible Employee within thirty (30)
calendar days following receipt of the grievance. The decision of the Mayor or
his/her designee is final and binding.
D. Contractual Grievance
A contractual grievance is an allegation by Local 81 that the City or SLCFD has
violated an express provision of this MOU, provided however, that Article 1,
“AUTHORITY”; Article 2.A, “MANAGEMENT RIGHTS AND DECLARATION;
Article 16, “PROCEDURAL RIGHTS”; Article 22, “TERM OF MEMORANDUM”;
Article 23, “LIMITATION OF PROVISIONS”; Article 24, “WAIVER CLAUSE”;
and Article 25, “SAVINGS CLAUSE” of this MOU shall not be subject to the
contractual grievance procedure.
A contractual grievance shall be confined exclusively to the interpretation and/or
application of the express provisions of this MOU except for the articles described
above.
A contractual grievance shall not include disciplinary grievances or claims that
procedures in Article 16 were violated.
The procedural steps for resolution of a contractual grievance shall be as follows:
1. Pre-Grievance Procedure
Prior to the filing of a formal contractual grievance and within thirty (30)
calendar days of the event giving rise to the grievance or thirty (30) days after
Local 81 should reasonably have learned of the event giving rise to the
grievance, whichever is later, Local 81 must file, in writing, a notice as to the
nature of the grievance including the specific contractual provision violated and
the facts relevant to the alleged violation. Such notice shall be filed with the
Fire Chief. The Labor Management Committee shall then meet at its next
available meeting in an effort to resolve the contractual grievance. If Local 81
LOCAL 81 MOU Page 42
is dissatisfied with the outcome of the matter with the Labor Management
Committee, Local 81 may proceed to Step 1 of the formal grievance procedure.
2. Formal Grievance
Step 1 Local 81 may, within thirty (30) calendar days after the conclusion of
the Labor Management Committee process as provided for in Subsection 1, file
a written grievance with the Fire Chief. Within twenty (20) calendar days after
receipt of the written grievance, the Chief or designee shall answer the
grievance in writing.
Step 2 If the grievance is not settled at Step 1, Local 81 may, within fifteen
(15) calendar days after receiving the Chief’s or designee’s decision, present
the grievance to the Mayor’s designee for review, investigation, and final
decision. The Mayor’s designee shall submit a written decision to the Fire
Chief and Local 81 within thirty (30) calendar days following receipt of the
grievance. This decision shall be final and binding.
ARTICLE 18 – PERSONNEL FILES
An Eligible Employee shall have the right, upon reasonable notice, to inspect such
employee’s personnel employment file for content. The SLCFD shall notify the Local
81 employees when a document concerning their performance or conduct, whether
favorable or not, is sent to the Human Resources Division for placement in an Eligible
Employee’s personnel file.
ARTICLE 19 – MISCELLANEOUS POLICIES AND PROCEDURES
The City agrees to continue to furnish no-cost annual physical examinations, off-street
parking at assigned work sites, and to provide monthly sleeping linen exchange and
linen laundering for all members of Local 81.
Eligible Employees who fail the Department’s Task Performance Test shall be
afforded adequate time and provided with sufficient resources to correct any skill or
fitness deficiencies.
ARTICLE 20 – NOTICE OF POLICY CHANGE
In an effort to encourage trust and communication, the SLCFD agrees to give the
Local 81 President, unless otherwise agreed upon with the Fire Chief, thirty (30) days
written notice prior to the implementation of any changes to the "Fire Department
Policies and Procedures Manual.” The purpose of the notice provided herein is to
solicit input from the Local 81 regarding the written policy change. This provision
shall not be construed to limit or discourage efforts of either the Local 81 and/or the
SLCFD administration to discuss additional matters of mutual concern.
LOCAL 81 MOU Page 43
ARTICLE 21 – LAYOFFS
Whenever it is necessary to reduce the number of Eligible Employee in SLCFD
because of lack of work or lack of funds, the City will first lay off probationary
employees. If further layoffs are necessary, Eligible Employees will be laid off in
inverse order of departmental seniority and rehired pursuant to the Rules established
by the Salt Lake City Civil Service Commission or any successor thereto established
by City Code.
ARTICLE 22 – TERM OF MEMORANDUM
This MEMORANDUM shall remain in effect from July 2, 2021 through June 302024
with the following exceptions:
It is understood by the parties hereto that certain provisions of this MOU cannot be
implemented by the City except upon public notice and hearing and compliance with
various statutory and legal requirements. It is in this respect agreed that provisions
subject to such legal contingencies shall take effect upon full compliance with such
legal requirements.
All financial commitments by the City shall be subject to the availability of funds
approved by the City Council and the limitations on future budget commitments
provided under State Constitution and Statute.
It is understood by the City and the Local 81 that if the City Council, in its adoption of
the City’s final budget for the fiscal years covered by this MOU, does not appropriate
monies to fund all wage and merit increases, the MOU shall be reopened within the
(10) days after adoption of the said fiscal year final budget.
The parties hereto may, by mutual consent, agree to amend this MOU.
ARTICLE 23 – LIMITATION OF PROVISIONS
The provisions hereof shall be effective as provided herein, but subject to approval by
the City Council and the City's appropriation of funds. During the term of this MOU,
it is the City's intent to make a reasonable effort to maintain a funding level sufficient
to satisfy this understanding; however, the parties to this agreement mutually
understand that emergencies or revenue shortfalls may alter the ability of the City to
satisfy this agreement. Thus, it is expressly understood that this MOU does not bind
succeeding elected officials of the City and shall not be construed to compel the City
to impose or maintain any tax or fee structure.
ARTICLE 24 – WAIVER CLAUSE
The City and Local 81 expressly waive and relinquish the right, and each agrees that
the other shall not be obligated during the term of this MOU, to bargain collectively
LOCAL 81 MOU Page 44
with respect to any subject or matter whether referred to or covered in this MOU, even
though each subject or matter may not have been within the knowledge or
contemplation of either or both the City and Local 81 at the time they negotiated or
executed this MOU and even though such subjects or matter were proposed and later
withdrawn.
The parties further acknowledge that this MOU contains wages and benefit provisions
differing distinctly from provisions currently being offered to employees in other units
of City employment, and the parties agree to accept such wages and benefits as defined
and described in this MOU despite their lack of similarity to or parity with other
memoranda, units, or employees.
ARTICLE 25 – SAVINGS CLAUSE
The City and Local 81, hereto believing all the foregoing provisions to be lawful and
mutually beneficial to them in establishing their relations as employer and employee,
nevertheless hereby agree that if any part of this agreement shall be finally determined
by any court of competent jurisdiction to be invalid, such part or parts shall thereby be
deemed eliminated from this MOU, and the same in all other respects shall be and
remain binding upon the City and Local 81.
In the event laws are passed by the federal government, the state, or the City which
conflict with the provisions of this MOU relating to hours or wages, the provisions of
this agreement which are in conflict therewith may be reopened for negotiations
without affecting the remaining portions of this MOU.
Further, the City and Local 81 acknowledge that an ordinance may be enacted by the
City Council during the term of this MOU to supersede the Resolution. If an
ordinance is adopted which supersedes the Resolution, the terms and conditions of the
Resolution shall continue to govern the provisions of this MOU insofar as such
interpretation would not result in an act which is expressly prohibited by the
Ordinance.
In the event the subsequently adopted ordinance prohibits the implementation of the
provisions of this MOU which are interpreted according to the Resolution relating to
hours and wages, said provisions which are in conflict therewith may be reopened for
negotiations without affecting the remaining provisions of this MOU.
ARTICLE 26 – REINSTATEMENT AFTER
SEPARATION DUE TO INJURY OR ILLNESS
City and Local 81 agree that the following procedure will apply to the process of
reinstatement for Eligible Employees who have been separated from employment with
the City due to an inability to work as a result of injury or illness (a “Separated
Employee”).
LOCAL 81 MOU Page 45
A. Reinstatement Requirements and Procedure
1. This procedure will be used to evaluate a Separated Employee for
reinstatement within two years of the date of injury or illness or within the time
period for reinstatement provided for in the Rule, while applicable, whichever
is greater.
2. A Separated Employee on long-term disability wishing to return to work will
be required to meet the following conditions prior to this procedure being used:
a. The Separated Employee must pass a full medical evaluation, provided
by the Department, that meets the requirements of an active-duty annual
physical and certifies that the Separated Employee has sufficiently
healed from the injury or illness to return to work and fully perform the
functions of the job.
b. The Separated Employee must have, to the extent able and at his or her
own expense, maintained his or her medical certification. If physically
unable to do so, the Separated Employee must recertify prior to being
reinstated.
c. The Separated Employee must pass the TPT test.
d. Department will allow Separated Employee, upon request, to access or
participate in Target Solutions (or other educational programming) or
Continuing Medical Education courses at the Separated Employee’s
expense. Department will use good faith efforts to accommodate a
Separated Employee’s request to take the TPT.
3. Upon the Separated Employee’s completion of the conditions provided for
herein, the Department will grant the Separated Employee’s request for
reinstatement under the following conditions:
a. Reinstatement is approved by the Fire Chief. In the event of a denial of
reinstatement, the Fire Chief must provide Local 81 with a substantive
reason for the denial and allow Local 81, on behalf of the Separated
Employee, an opportunity to respond to the Fire Chief’s determination.
If, after such response, the Fire Chief continues to deny reinstatement,
Local 81, on behalf of the Separated Employee, may take the matter to
the Mayor’s Office for review and comment by the Mayor’s Office.
The final decision, taking into account any feedback from the Mayor’s
Office, on the Separated Employee’s reinstatement to the Department
will remain with the Fire Chief.
LOCAL 81 MOU Page 46
b. There must be an open position within the Department to which the
Separated Employee can return. The Department agrees to hold a
position open for the Separated Employee for six months after the date
of separation unless critical staffing needs require the position be filled
or the Separated Employee, or Local 81, expressly states that there is no
expectation of reinstatement within six months. If there is no open
position at the time the Separated Employee is eligible to return under
this procedure, the Department will make good faith efforts to place the
Separated Employee once an opening occurs, including reasonably
extending the deadline provided for in sub-paragraph B.1, so long as the
Separated Employee continues to meet the other conditions provided
for in sub-paragraph B.2.
c. The reinstatement of the Separated Employee to the Department will be
at the same rank held on the date of separation. If no such position is
available under subsection (b) above, the Separated Employee may
request temporary reinstatement to a lower rank and the procedure
provided for herein will apply to such request. Upon an opening
occurring at the higher rank, the employee will be reinstated to that
position.
B. Separated Employee Not “Eligible Employee”
Nothing in the procedure provided for in this Article shall be construed to convert a Separated
Employee into, or otherwise grant the status or rights of, an “Eligible Employee” as defined in
this MOU or the City’s Joint Bargaining Resolution.
LOCAL 81 MOU Page 47
IN WITNESS WHEREOF, the parties hereto have fixed their hands and seals the day and year
first above written.
SALT LAKE CITY CORPORATION
By
ERIN MENDENHALL
Mayor
ATTEST:
CITY RECORDER
APPROVED AS TO FORM:
JAYSEN OLDROYD
Senior City Attorney
LOCAL 81 MOU Page 48
LOCAL 81 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
By
LISA DEMMONS
President
By
VAL THOMETZ
Vice President
STATE OF UTAH )
§
COUNTY OF SALT LAKE )
On this _____ day of July, 2021, personally appeared before me LISA DEMMONS,
who being by me duly sworn, did say that she is the President of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS Local 81, that she did execute the forgoing instrument
on behalf of Local 81 by the authority of the Board of Directors of Local 81 and that said
instrument has been duly ratified and approved by the membership of Local 81 and that his
execution hereof constitutes a valid and binding act on behalf of Local 81 and its membership.
NOTARY PUBLIC
STATE OF UTAH )
§
COUNTY OF SALT LAKE )
On this _____ day of July, 2021, personally appeared before me VAL THOMETZ,
who being by me duly sworn, did say that he is the Vice President of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS Local 81, that he did execute the forgoing instrument
on behalf of Local 81 by the authority of the Board of Directors of Local 81 and that said
instrument has been duly ratified and approved by the membership of Local 81 and that his
execution hereof constitutes a valid and binding act on behalf of Local 81 and its membership.
NOTARY PUBLIC
HB #70858
LOCAL 81 MOU Page 49
APPENDIX A
BASE WAGE SCHEDULES FOR FISCAL YEARS 2022-2024
(does not include longevity)
LOCAL 81 MOU Page 50
ATTACHMENT 1 – COLLECTIVE BARGAINING RESOLUTION
LOCAL 81 MOU Page 51
ATTACHMENT 2 – FOUR-HANDED STAFFING EXECUTIVE ORDER