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42 Local 21/SLCEA Memorandum of Understanding January 1, 2025 – December 31, 2029 Employees shall receive copies of all performance evaluations prior to placement in their personnel file. If an employee's overall performance evaluation is rated "Improvement Needed", the employee may file a written appeal within fourteen (14) calendar days with the department head. The department head will meet with the employee, and Union representative if requested, to hear the appeal and the reasons why the employee disagrees with the rating. The department head will respond to the employee in writing within fourteen (14) calendar days of the meeting with a determination if the rating is upheld or changed. The determination of the department head will be final. Section 46. No Strike Clause The Union, its members and representatives agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations management, or of employees not covered by this MOU. Section 47. Separability Should any provision of this MOU be declared illegal by a court of competent jurisdiction, that provision of the MOU shall be null and void. Such nullification shall not affect any other provision of this MOU, all of which other provisions shall remain in full force and effect. Section 48. Past Practices and Existing Memoranda of Understanding 48.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU. Prior to discontinuing or altering any past practice which falls within the scope of representation, the City will provide notice to the Union and, upon request, meet and confer prior to implementing the change. 48.2 This MOU shall supersede all existing Memoranda of Understanding between the City and the Union. It is mutually agreed that the provisions above shall be made applicable on the dates indicated and these provisions represent the full and final settlement of all proposals made by the Union. This MOU and all its agreed provisions herein shall commence on January 1, 2025 and shall remain in effect through December 31, 2029, except for those provisions assigned other effective dates or subject to negotiations re-opener provisions.