RES-2009-145RESOLUTION NO. 2009- 145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN
CLASSIFICATIONS ASSIGNED TO THE PART TIME CUSTOMER SERVICE
EMPLOYEES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL 47
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer
employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of Understanding to
be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on August 12, 2009, between the International
Brotherhood of Electrical Workers, Local 47 and the City of Anaheim is in the best interest of the
City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that
the Memorandum of Understanding between the International Brotherhood of Electrical
Workers, Local 47 and the City of Anaheim executed by the City Management Representative
and the International Brotherhood of Electrical Workers, Local 47 on August 12, 2009, as set
forth in the document attached hereto and incorporated by reference herein, be and the same is
hereby adopted and that the effective date of such Memorandum of Understanding shall be
January 8, 2010 through January 6, 2011.
BE IT FURTHER RESOLVED that Resolution No 2006 -103 is hereby repealed effective
January 8, 2010.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 25th day of August 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST. 7
CLERK OF THE CITY OF
ANAHEIM
APPROVED AS TO FORM:
CRISTII?4 L. TALLEY, CITY ATTORNEY
BY Att{<4
MAYOR OF THE C ANAHEIM
F:1OT1012C .DOC
MEMORANDUM OF UNDERSTANDING
between the
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 47
representing the
ANAHEIM PART -TIME CUSTOMER SERVICE
EMPLOYEES
and the
CITY OF ANAHEIM
January 8, 2010 through January 6, 2011
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
COMPENSATION AND PAY PROVISIONS
Article 10
Article 11
Article 12
Article 13
Article 14
EMPLOYMENT PROVISIONS
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
LEAVE PROVISIONS
Article 21
Article 22
MISCELLANEOUS
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Appendix "A"
Appendix "A"
TABLE OF CONTENTS
Preamble
Union Recognition
Union Organization
Employee Rights
Management Rights
Notification
Consultation
Meet and Confer
Check -Off
Compensation
Hours of Work and Pay Day
Premium Pay
Bilingual Pay
Vacation Benefit
General
Appointments and Promotions
Eligibility Lists
Probation
Discipline
Layoff and Reinstatement
Leave
Military Leave
Meter Reader Rules
Travel and Mileage Expense
Fitness for Duty
Grievance Procedure
Health Insurance
Physical Examinations
Construction
Savings Clause
No Strike
Agency Shop
Duration
Special Provisions
Wages
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Page Number
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ARTICLE 1
PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum have been discussed and jointly proposed by and between the staff
officials of the City of Anaheim (hereinafter called "ANAHEIM and the International
Brotherhood of Electrical Workers, Local 47, AFL -CIO, (hereinafter called "UNION
representing the Anaheim Part-Time Customer Service Employees bargaining unit
working in the classifications set forth in Appendix "A
1.2 The terms and conditions of employment that are set forth in this Memorandum
have been discussed in good faith between the staff officials of ANAHEIM and the
UNION. The UNION agrees to recommend acceptance by its members of all of the
terms and conditions of employment as set forth herein. The staff officials of
ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and
conditions of employment as set forth herein be incorporated in full in a resolution of
the City Council. Upon the adoption of such a resolution, all the terms and
conditions of this Memorandum so incorporated shall become effective without any
further action by either party.
ARTICLE 2
UNION RECOGNITION
2.1 ANAHEIM hereby recognizes the UNION as the bargaining representative for all its
members to the fullest extent allowable under California law applying to public
employees.
ARTICLE 3
UNION ORGANIZATION
3.1 The UNION representatives are those elected or appointed in accordance with the
constitution and bylaws of the UNION. ANAHEIM recognizes the UNION's right to
appoint shop stewards.
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PTCSE January 8, 2010 through January 6, 2011
3.1.1 UNION shall in writing notify the Anaheim City Management Representative
of the names and job class titles of its officers, shop stewards and other
representatives each time an election is held or new appointments are made.
3.1.2 An employee elected or appointed as an officer or shop steward of the
UNION shall be required to work as scheduled in their respective job class
and shall not interrupt the work of other employees.
3.2 UNION officers and representatives (subject to the provisions of ARTICLE 2 UNION
RECOGNITION) shall be permitted to visit employee work locations for the purpose
of observing working conditions, however, such visits shall not interrupt the work of
such employees, nor interfere with the normal operations of the department or with
established safety requirements.
3.2.1 UNION officers and representatives shall not enter any work location without
the knowledge of the department head, division head or other appropriate
manager or supervisor.
3.2.2 Solicitation of membership and all activities concerned with the internal
management of the UNION, such as collecting dues, holding membership
meetings, preparing petitions or grievance material, preparing proposals,
campaigning for office, conducting elections and distributing literature, etc.,
shall not be conducted during working hours.
3.3 In the event that UNION is formally meeting and conferring with representatives of
ANAHEIM on matters within the scope of representation during regular Anaheim
business hours, up to three (3) officers, shop stewards or other representatives of
UNION shall be paid their regular hourly rate of pay when they are attending the
meet and confer sessions for any hours for which they were scheduled to work.
3.3.1 Such meetings are subject to scheduling in a manner consistent with
operating needs and work schedules. Work schedules will not be modified to
ensure nor to avoid payment to part-time employees attending meet and
confer sessions.
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PTCSE January 8, 2010 through January 6, 2011
3.3.2 Officers, shop stewards and representatives of UNION shall not leave their
duty or workstation or assignment without the knowledge of the department
head, division head or other appropriate manager or supervisor.
3.3.3 ANAHEIM will pay employees who are released from work for UNION
business at UNION expense and will bill the UNION at the employee's regular
rate of pay. ANAHEIM and UNION will jointly and severally be responsible for
Workers' Compensation and General Liability when such employees are off
work for UNION business at UNION expense.
3.4 ANAHEIM shall furnish portions of non electronic bulletin boards at mutually
agreeable, specific locations for the purpose of posting notices pertaining to UNION
business, and shall determine what reasonable portion of bulletin boards are to be
allocated to UNION.
3.4.1 All posted materials must be dated and must identify the UNION. If UNION
does not abide by these provisions it will forfeit its right to have materials
posted on ANAHEIM's bulletin boards.
3.5 ANAHEIM shall allow UNION to conduct meetings in ANAHEIM facilities. Such
meetings shall be scheduled in accordance with regulations governing use of public
meeting rooms at ANAHEIM facilities.
ARTICLE 4
EMPLOYEE RIGHTS
4.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on
all matters of employer employee relations. Employees also have the right to refuse
to join or participate in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with
ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or
discriminated against by ANAHEIM or by any employee organization because of
his /her exercise of these rights.
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PTCSE January 8, 2010 through January 6, 2011
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Management retains all of its powers and authority to direct, manage and control to the
full extent of the law. The rights of management include, but are not limited to, the
exclusive right to consider the merits, necessity or organization of any service or
activity provided by law or administrative order; determine the mission of its
constituent departments, commissions and boards; set standards of service and
performance; determine the procedures and standards of selection for employment,
training and promotion; direct its employees; establish work schedules and work
assignments; evaluate employee performance; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate reasons; maintain
the efficiency of ANAHEIM's operations; determine the methods, means and personnel
by which ANAHEIM's operations are to be conducted; classify and reclassify positions;
determine the content of job classifications; contract out work and transfer work into or
out of the unit; take all necessary action to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology of
performing its work.
5.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities by
management; the adoption of policies, rules, regulations and practices in furtherance
thereof; and the use of judgment and discretion in connection therewith, shall be
limited only by the law and by the specific and express terms of this agreement, and
then only to the extent such specific and express terms are in conformance with the
law.
ARTICLE 6
NOTIFICATION
6.1 Reasonable written notice shall be given by the Anaheim City Management
Representative to the UNION affected, of any proposed ordinance, resolution, rule or
regulation directly relating to matters within the scope of representation to be
presented to the Anaheim City Council for determination; and the UNION shall be
given the opportunity to meet with the Anaheim City Management Representative
prior to submission to the Anaheim City Council for determination.
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PTCSE January 8, 2010 through January 6, 2011
6.2 In cases of emergency when the Anaheim City Council determines that an ordinance,
resolution, rule or regulation must be adopted immediately without prior notice or
meeting with the UNION, the Anaheim City Management Representative shall
provide such notice at the earliest practicable time following adoption of such
ordinance, resolution, rule or regulation.
ARTICLE 7
CONSULTATION
7.1 The Anaheim City Management Representative, after consultation in good faith with
representatives of the UNION, may recommend adoption of reasonable rules and
regulations for the administration of employer employee relations. The Anaheim
City Management Representative shall consult in good faith with representatives of
the UNION on employer employee relations matters which affect them, including
those that are not subject to meeting and conferring.
ARTICLE 8
MEET AND CONFER
8.1 The Anaheim City Management Representative and representatives of UNION shall
have the mutual obligation personally to meet and confer in order to exchange freely
information, opinions and proposals and to endeavor to reach agreement on matters
within the scope of representation. Nothing herein precludes the use of any impasse
procedure authorized by law whenever an agreement is not reached during the
meeting and conferring process and the use of such impasse procedure is mutually
agreed upon by the Anaheim City Management Representative and the UNION.
8.1.1 When the meeting and conferring process results in agreement between the
Anaheim City Management Representative and the UNION such agreement
shall be incorporated in a written Memorandum of Understanding and shall
be signed by the Anaheim City Management Representative and UNION
representatives. The matters incorporated in the Memorandum shall be
presented for determination to the Anaheim City Council or its statutory
representative.
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PTCSE January 8, 2010 through January 6, 2011
8.2 The Anaheim City Management Representative shall not be required to meet and
confer in good faith on any subject pre empted by Federal or State Law or by the
Anaheim City Charter. The Anaheim City Management Representative shall not be
required to meet and confer on Management Rights or Employee Rights as herein
defined.
8.3 Proposed amendments to this ARTICLE are excluded from the scope of meeting and
conferring.
ARTICLE 9
CHECK -OFF
9.1 ANAHEIM agrees to Check -Off for the payment of the regular monthly UNION dues
and the regular UNION initiation fee, and to deduct such payments from the wages
of all UNION members and employees when authorized to do so by said members
and employees, and remit such payments to the UNION in accordance with the
terms of signed authorizations of such members and employees. The deduction of
such dues and initiation fees, the remittal of same by ANAHEIM to the UNION, shall
constitute payment of said dues and initiation fees by such members and employees
of the UNION.
ARTICLE 10
COMPENSATION
10.1 Wages for the various classifications shall be set forth in Appendix "A" attached to
this Memorandum and by this reference made a part hereof. The Anaheim City
Management Representative will not recommend any revision or modifications to this
Memorandum without first consulting on such recommendations with the UNION.
10.1.1 The Parties acknowledge that ANAHEIM intends to base future negotiating
strategies upon the principle of differential adjustments and the UNION will
maintain its position of across the board, non differential bargaining.
10.2 Newly hired employees shall normally be compensated at the lowest step of the
salary schedule of the job class for which they were hired. ANAHEIM may hire at a
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PTCSE January 8, 2010 through January 6, 2011
higher step in the salary schedule through the 6 step without approval of the City
Manager.
10.3 Part-Time Employees in job classes listed in Appendix "A" shall be eligible for
consideration for merit pay increases as follows:
To the 4 step of the salary schedule after completion of 1040 work hours in the
3 step.
To the 5 step of the salary schedule after completion of 1040 work hours in the
4 step.
To the 6 step of the salary schedule after completion of 1040 work hours in the
5 step.
To the 7 step of the salary schedule after completion of 1040 work hours in the
6 step.
To the 8 step of the salary schedule after completion of 1040 work hours in the
7 step.
To the 9 step of the salary schedule after completion of 1040 work hours in the
8 step.
10.4 A part-time employee who is promoted or reclassified with their position to a higher
part-time job class shall be placed in the step of the higher salary schedule that will
provide a pay increase of not Tess than 4 except:
10.4.1 If the 9 step of the higher salary schedule provides a pay increase of less
than 4 the employee shall go to the 9 step.
10.4.2 When the lowest step of the higher salary schedule is greater than 4 the
employee shall go to the lowest step of the higher salary schedule.
10.5 An incumbent employee reclassified with their position to a lower job class shall be
placed in the step of the lower salary schedule closest to the employee's rate of pay
without providing an increase.
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PTCSE January 8, 2010 through January 6, 2011
10.6 When more than one (1) personnel action involving changes in a part-time
employee's salary step status become effective on the same day, all such changes
shall be in accordance with the provisions of the preceding sections of this ARTICLE,
and shall take place in the following order of precedence:
(1) Adjustment to the same salary step in a newly authorized salary schedule.
(2) Merit pay advancement or reduction in salary step.
(3) Promotion, demotion or reclassification.
11.1 Employees shall be scheduled to work as needed and to cover peak periods and
absences of other employees. Hours are irregular and based on need and may be
full days or partial days. There shall be no minimum number of hours guaranteed.
11.2 Regular salaries and compensation of all employees shall be paid on a biweekly
basis.
11.3 ANAHEIM has determined a need to set forth criteria for defining groups of
employees engaged in limited employment who are covered by this Memorandum of
Understanding between the parties. Accordingly, the following categories are
hereby established.
11.3.1 Part-Time Employees:
ARTICLE 11
HOURS OF WORK AND PAY DAY
This category is limited to employees hired to work an average of Tess than
twenty (20) hours per week on an ongoing basis (maximum hours permitted
by California Public Employees' Retirement Law for exclusion from Public
Employees' Retirement System membership in any fiscal year).
11.3.2 Part-Time 30 Hour Employees:
This category is limited to those employees who on a yearly average work
more than the maximum hours permitted by California Public Employees'
Retirement Law for exclusion from Public Employees' Retirement System
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PTCSE January 8, 2010 through January 6, 2011
membership but less than thirty (30) hours per week on an ongoing basis
(maximum 1560 hours) in any fiscal year.
11.3.3 The number of positions in each category shall vary in accordance with
ANAHEIM'S requirements and shall be established by ANAHEIM. Assignment
of personnel to these positions and between these positions shall be made by
ANAHEIM.
12.1 Employees working in classifications listed in Appendix "A" who perform authorized
work in excess of forty (40) hours in a regular work week shall be compensated for
such overtime work at the rate of one and one -half (11/2) times the employee's
regular hourly rate of pay.
12.1.2 Overtime shall be calculated to the nearest one quarter hour of overtime
worked.
ARTICLE 12
PREMIUM PAY
12.1.3 All overtime must be authorized in advance by the appropriate Administrative
Manager.
12.1.4 Notwithstanding the above overtime provisions, there shall be no overtime
pay for the time spent, outside scheduled work hours, in attending meetings
of any kind which are for the purpose of education or training, unless
required by ANAHEIM to attend such training.
ARTICLE 13
BILINGUAL PAY
13.1 Employees required to speak, read and /or write in Spanish or other languages as
well as English as part of the regular duties of their position will be compensated at
the rate of fifty cents (50) per hour in addition to their regular pay.
13.2 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual pay.
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PTCSE January 8, 2010 through January 6, 2011
13.3 The Human Resources Director shall conduct a test of competency for employees
who have been assigned bilingual duties to certify these employees eligible for
bilingual pay, except that operating departments with authorized bilingual certifiers
may conduct their own test of bilingual competency and notify the Human Resources
Director of the outcome of the test.
13.4 The effective date of bilingual pay certification shall be the first day of the pay period
following notification to the Human Resources Director of the passing of the bilingual
test by the employee as provided in Section 13.3 above. Employees may be
required to undergo a test of continued competency, upon request of the operating
department.
ARTICLE 14
VACATION BENEFIT
14.1 Effective January 2000, employees who worked one thousand eighty (1080) or more
hours in calendar year 1999 will be given a lump sum payment of one percent (1
of their gross earnings (calendar year defined as the period for which wages earned
are reported for tax purposes). The lump sum payment shall be made during the
first pay period following approval of the Memorandum of Understanding by the City
Council.
14.1.1 Effective January 2001 employees who work eleven hundred (1100)
or more hours in the previous calendar year will be given a lump sum
payment of two percent (2 of their gross earnings.
14.1.2 Effective January 2002 employees who work eleven hundred (1100)
or more hours in the previous calendar year will be given a lump sum
payment of three percent (3 of their gross earnings.
ARTICLE 15
GENERAL
15.1 It is hereby the declared personnel policy of ANAHEIM that:
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PTCSE January 8, 2010 through January 6, 2011
15.1.1 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability of
funds;
15.1.2 Employment shall be based on merit and fitness, free of personal and
political considerations;
15.1.3 Appointments, promotions and other actions requiring the application of the
merit principle shall be based on systematic tests and /or evaluations;
15.1.4 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.
15.2 Job Flyers regarding classifications represented by UNION shall be sent to UNION
during recruitment periods. UNION shall refer such skilled and experienced
personnel to ANAHEIM for necessary testing.
15.3 ANAHEIM shall be the sole judge of the testing, qualification and acceptance
procedures of all applicants for employment and promotion and ANAHEIM retains
the right to reject any applicant for employment; PROVIDED, HOWEVER, that testing
and /or rejection shall not be done to discriminate for or against an applicant because
of union or non -union membership or for any other criteria as defined in California
Government Code Section 12940 et seq, except where such criteria is a bona fide
occupational qualification.
ARTICLE 16
APPOINTMENTS AND PROMOTIONS
16.1 Appointments and promotions shall be based on merit and fitness to be ascertained
so far as practicable by competitive examinations. Examinations shall be used and
conducted to aid in the selection of qualified employees and shall consist of
recognized selection techniques that in the opinion of the Human Resources Director
will test fairly the qualifications of candidates.
16.1.1 Notwithstanding the above, vacant full -time positions in the classified service
which would otherwise be filled by open recruitment may be filled by
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PTCSE January 8, 2010 through January 6, 2011
appointing part-time employees currently employed in classifications listed in
Appendix "A" for which there are full -time equivalent classifications.
16.2 Appropriate consideration shall be given to promotional candidates' qualifications,
record of work performance and seniority, in that order.
16.3 Candidates who qualify for part-time employment or promotion shall be placed on an
eligibility list for the appropriate part-time job class. Advancement to a higher paid
job class shall constitute a promotion.
ARTICLE 17
ELIGIBILITY LISTS
17.1 Eligibility lists shall be created in accordance with provisions of ARTICLE 16-
APPOINTMENTS AND PROMOTIONS.
17.2 Eligibility lists may contain the names of one or more persons eligible for
employment and shall remain in effect for a period of one (1) year or until depleted.
Lists containing less than three (3) names may be considered depleted.
17.2.1 Non depleted lists may be extended by the Human Resources Director for a
period not to exceed one (1) additional year.
17.2.2 The appropriate Executive Manager, with the concurrence of the Human
Resources Director, may order names removed from an eligibility list for good and
sufficient reasons, and the employee so removed shall be given written notice.
ARTICLE 18
PROBATION
18.1 Employees working in classifications listed in Appendix "A" shall serve a probationary
period of twenty -six (26) complete biweekly pay periods or until 1040 hours are
worked, whichever is sooner. Upon successful completion of a probationary period,
an employee shall be considered to have part-time regular status in the classification
in which the probationary period is served.
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PTCSE January 8, 2010 through January 6, 2011
18.1.1 In the event an employee is assigned to light duty or is absent from work
due to a lengthy illness or injury during the probationary period, said
employee's probationary status may be extended beyond the regular period
of probation in the amount of one (1) complete biweekly pay period for each
complete biweekly pay period assigned to light duty or lost to illness or
injury.
18.2 The work and conduct of probationary employees shall be subject to close scrutiny.
An employee shall be retained beyond the end of the probationary period only if the
appropriate Executive Manager affirms that the work and conduct of the employee
have been found to be satisfactory. If the work and conduct of probationary
employees is found to be below standards to the Public Utilities Department, the
appropriate Executive Manager may reject the probationer at any time during the
probationary period. Such rejections shall not be subject to review or appeal unless
such rejection is alleged to be contrary to the provisions of any State or Federal law,
or the Personnel Ordinance and /or the Personnel Resolution, and then such
review /appeal will be limited to that which is required by law, ordinance or
resolution.
18.2.1 Employees serving a probationary period as the result of a promotion or transfer
may be returned to their former position if they are rejected or laid off during the
probationary period. If not returned to their former position they shall be separated
from employment with ANAHEIM.
ARTICLE 19
DISCIPLINE
19.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. Any employee may be reduced in salary, suspended,
demoted, or dismissed for good and sufficient cause.
19,2 When in the judgment of the appropriate department head, division head or other
appropriate manager, an employee's work performance or conduct justifies
disciplinary action short of demotion or dismissal, the employee may be reduced in
salary or suspended without pay. Upon taking such action a written notification
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PTCSE January 8, 2010 through January 6, 2011
containing a statement of the substantial reasons for the action shall be filed with
the employee and the Human Resources Director. No employee shall be suspended
for more than thirty (30) calendar days at any one time.
19.3 An employee may be demoted or dismissed upon recommendation of a division head
or other appropriate supervisor whenever in the judgment of the appropriate
department head, the employee's work or misconduct so warrants. Upon taking
such action, the department head shall file with the employee and the Human
Resources Director a written notification containing a statement of the substantial
reasons for the action and the effective date of the action.
ARTICLE 20
LAYOFF AND REINSTATEMENT
20.1 Layoff for lack of work, lack of funds, or other legitimate business reasons shall be
on the basis of record of work performance and department seniority, in that order.
20.1.1 Employees who are laid off and who terminate employment in good standing
may seek reinstatement in accordance with the following provisions:
20.1.1.1 At the time of layoff, an employee may complete and submit to the
Human Resources Department an interest card for the classification
from which the employee was laid off. The employee shall be
responsible for submitting a new interest card to the Human
Resources Department in the event of a change of address.
20.1.1.2 The interest card will be retained for one (1) calendar year from the
date of layoff. Prior to any recruitment being conducted, the
interest card on file will be mailed to the employee. An employee
who responds within the indicated deadline may be considered for
reinstatement without going through the formal recruitment
process.
20.1.1.3 If more than one (1) employee responds, selection for
reinstatement will normally be determined on the basis of record of
work performance and department seniority, in that order.
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PTCSE January 8, 2010 through January 6, 2011
20.2 A part-time employee who terminates employment in good standing may be
reinstated to a part-time position in the employee's former job class within three (3)
years of the employee's termination date without going through the competitive
processes.
20.2.1 A part-time employee who is reinstated after thirty calendar days shall be
considered to have broken service.
20.2.2 If the employee is reinstated within thirty (30) calendar days the employee
shall be considered as having continuous service and shall therefore retain
eligibility for any benefits provided under this Agreement. The employee
shall be placed in his /her former salary step and shall be credited with prior
step hours worked for purposes of merit pay increases.
20.3 A part-time employee may be reinstated under the provisions of the City's Vocational
Rehabilitation Administrative Regulation to any part-time position for which the City
has budgeted work hours, provided the employee meets the minimum qualifications.
ARTICLE 21
LEAVE
21.1 Regular and predictable attendance are an expectation of employment. Employees
shall be granted leave for the following reasons:
21.1.1 At the time a death occurs of an immediate or other family member, in order
to make burial arrangements and /or to attend funeral or memorial services.
21.1.2 In the event an employee is duly summoned to any court for the purpose of
performing jury duty, provided the employee submits documentation from
the court for such duty performed.
21.1.3 Whenever an employee is duly summoned to appear as a witness in a legal
proceeding, provided the employee provides documentation of such
summons.
21.1.4 Enforced quarantine of the employee in accordance with community health
regulations.
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PTCSE January 8, 2010 through January 6, 2011
21.1.5 Temporary disabilities caused by pregnancy and childbirth.
21.1.6 Summons to military duty provided the employee provides documentation of
such summons.
21.1.7 Illness of the employee or a member of the employee's immediate family, or
physical incapacity of the employee due to illness or injury. Employees may
be required to submit proof of such illness and /or incapacity.
21.2 Employees may be granted leave for reasons other than those listed in Section 21.1
above. Such leaves shall be scheduled and taken in accordance with the best
interests of ANAHEIM and the department or division in which the employee is
employed.
21.3 Employees on leave as defined in Sections 21.1 and 21.2 above shall receive no
compensation while on such leave, except that employees summoned to military
duty shall be compensated in accordance with provisions of the Military and Veterans
Code of the State of California and with Federal law.
21.4 An employee returning to work from leave shall be placed in the same salary step
the employee was in prior to such leave.
ARTICLE 22
MILITARY LEAVE
22.1 Anaheim's policy relating to Military Leave and compensation therefore shall be in
accordance with the provisions of the Military and Veterans Code of the State of
California, and with Federal law.
ARTICLE 23
METER READER RULES
23.1 An employee working in the classification of part-time meter reader shall receive one
(1) hour of regular pay for each 1.0 units of meter book value completed. 1.0 units
54 minutes. If an employee exceeds 40 units in a workweek the employee shall
receive overtime pay in accordance with ARTICLE 12- PREMIUM PAY.
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PTCSE January 8, 2010 through January 6, 2011
ARTICLE 24
TRAVEL AND MILEAGE EXPENSE
24.1 Travel expense allowance for employees while on City business shall be provided in
accordance with regulations established by the Anaheim City Manager and /or the
Anaheim City Council.
24.2 ANAHEIM's mileage reimbursement rates will be the standard mileage rate
established by the Internal Revenue Service. Any increase or decrease shall be
effective the first day of the second month after the date of publication by the
Internal Revenue Service.
ARTICLE 25
FITNESS FOR DUTY
25.1 ANAHEIM and UNION are committed to maintenance of a safe workplace.
Employees are individually responsible and accountable for their personal fitness for
duty and shall not report to duty while "unfit" to safely perform assigned duties.
ARTICLE 26
GRIEVANCE PROCEDURE
26.1 Any grievance or dispute which may arise out of the application or interpretation of
the terms or conditions of this agreement, as alleged by the UNION, shall be
considered to be a matter subject to review through the grievance procedure and
shall be settled in accordance with the procedure set forth immediately herein
below, except a dispute by an applicant regarding employment.
26.2 Before filing a formal written grievance, the employee shall attempt to resolve it by
an informal conference with his or her immediate supervisor. Such discussion will
occur as soon as possible, but in no event later than ten (10) calendar days after the
occurrence of the act or omission giving rise to the grievance.
26.3 If not resolved in the informal process, the grievance or dispute as defined in Section
26.1 above shall be reduced to written form by the UNION and be presented to the
Public Utilities Department's authorized representative with twenty (20) calendar
days of the date of the alleged occurrence or dispute. Thereafter, a representative
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PTCSE January 8, 2010 through January 6, 2011
of ANAHEIM, selected by the latter, shall meet within ten (10) calendar days of the
receipt of the written grievance with an authorized agent of the UNION, selected by
the UNION, in an attempt to resolve the dispute. The Public Utilities Department's
representative shall deliver his or her decision within ten (10) calendar days after
said meeting.
26.4 In the event that the parties cannot resolve the dispute to the parties' satisfaction
(i.e., ANAHEIM and /or UNION), the dispute shall, upon the request of either party be
referred within thirty (30) calendar days to an impartial arbitrator for a final and
binding decision. In the event the parties are unable to agree upon the selection of
such impartial arbitrator within ten (10) calendar days, upon request of either party
an arbitrator shall be selected from a list of prospective arbitrators submitted by the
American Arbitration Association, or any other mutually agreed upon provider.
26.4.1 ANAHEIM and UNION agree to stipulate to the following submission language
when a dismissal is submitted to an impartial arbitrator: "Was (name of
employee) dismissed for good and sufficient cause? If not, what shall the
remedy be
26.4.2 An arbitrator's decision shall be final and binding on both parties, it being
agreed that said arbitrator shall have no powers to add to or subtract from
the provisions herein, and that the laws of the State of California shall be
controlling at all times.
26.4.3 All expenses of any arbitration shall be borne equally by ANAHEIM and the
UNION.
26.5 The parties may mutually agree to submit any grievance or dispute covered under
the provisions of this ARTICLE to non binding mediation, prior to submission to
arbitration.
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PTCSE January 8, 2010 through January 6, 2011
ARTICLE 27
HEALTH INSURANCE
27.1 Employees working in a classification listed in Appendix "A" shall be provided health
insurance, through the Kaiser HMO plan offered to full -time employees, as long as
they remain employed and are available to work. Employees shall become eligible
for coverage on the first day of the month following completion of twenty -six (26)
complete biweekly pay periods or until 1040 hours are worked in a classification
listed in Appendix "A," whichever is sooner.
27.2 ANAHEIM's maximum contribution towards an employee's purchase of the Kaiser
plan (employee only) is as follows:
0 -2 years employment 50%
More than 2 years employment 75%
ARTICLE 28
PHYSICAL EXAMINATIONS
28.1 In order to be eligible for employment with ANAHEIM, candidates shall be required
to pass a physical examination, the character of which shall be in accordance with
standards established by the Human Resources Director.
28.2 In order to be eligible for promotion or transfer to a job class in a category requiring
greater physical qualification than the employee's present job class, the employee
must pass the appropriate physical examination.
28.3 An employee who returns to work after an absence in excess of eight (8) calendar
days due to illness or physical incapacity may be required by the appropriate
Executive Manager, with the concurrence of the Human Resources Director to
undergo a physical examination.
28.3.1 Except as otherwise provided by law, an employee who fails to pass said
required physical examination may be transferred or demoted to a position
requiring lesser physical qualifications, or separated from City service.
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PTCSE January 8, 2010 through January 6, 2011
Employees enrolled in the Public Employees' Retirement System may also be
recommended for disability retirement.
28.4 All physical examinations required under the provisions of this Article shall be
performed by a physician in active practice licensed by California State Law and
within the scope of his /her practice as defined by California State Law.
28.4.1 Exceptions to the provisions of Section 28.4 above may be made only in the
case of out -of -state candidates for employment. In such cases, the physician
performing the examination may be a physician licensed by the state in
which the candidate resides.
28.5 ANAHEIM shall pay for any physical examination required under the provisions of
this ARTICLE.
ARTICLE 29
CONSTRUCTION
29.1 Nothing in this Memorandum shall be construed to deny any person or employee the
rights granted by Federal and State laws and City Charter provisions. The rights,
powers and authority of the Anaheim City Council in all matters, including the right
to maintain any legal action, shall not be modified or restricted by this
Memorandum. The provisions of this Memorandum are not intended to conflict with
the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State
of California (Sections 3500, et seq.)
ARTICLE 30
SAVINGS CLAUSE
30.1 The resolution of ANAHEIM shall provide that if any provision of this Memorandum
or the resolution is at anytime, or in any way, held to be contrary to any law by any
court of proper jurisdiction, the remainder of this Memorandum and the remainder of
the resolution shall not be affected thereby, and shall remain in full force and effect.
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PTCSE January 8, 2010 through January 6, 2011
ARTICLE 31
NO STRIKE
31.1 It is agreed and understood that under the terms of this Memorandum, the UNION
and /or its members shall not conduct any strikes, including sympathy strikes, slow-
downs, or work stoppages; nor shall there be any refusal or failure to fully and
faithfully perform job functions and responsibilities, by the UNION or by its officers,
stewards, agents or unit members during the term of this Agreement.
31.2 UNION recognizes the duties and obligations of its representatives to comply with
the provisions of this Agreement and to make every effort toward inducing
employees to do so. In the event of a strike, work stoppage, or slowdown by
employees who are represented by the UNION, the UNION agrees in good faith to
take all necessary steps to cease such employee action.
31.3 Any employee violating this ARTICLE may be subject to disciplinary action up to and
including dismissal. It is understood that in the event this ARTICLE is violated, that
ANAHEIM may pursue any and all legal remedies available to it against any
employee, if the employee violates the terms of this Agreement, and /or theUNION, if
the UNION violates this agreement.
ARTICLE 32
AGENCY SHOP
32.1 Agency shop as used in this herein means an organizational security agreement as
defined in Government Code Section 3502.5.
32.2 Each employee hired on or after September 15, 2009 shall be required as a condition
of employment, within forty-five (45) days of his or her appointment date, to
become a member of the UNION and maintain his or her membership in accordance
with the Constitution and bylaws, or pay an agency service fee set by UNION in an
amount not to exceed the amount of the monthly dues and per capita fees required
of BA members in their base wage rate, and in accordance with the requirements of
Government Code Section 3502.5 and applicable law. The charitable organizations
exempt from taxation under 501(c) (3) of the Internal Revenue Code to which an
employee qualifying for an exemption on religious grounds may contribute in lieu of
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PTCSE January 8, 2010 through January 6, 2011
agency service fees shall be the American Cancer Society, the American Heart
Association, and the American Lung Association.
32.3 Any employee of Anaheim employed in a classification listed in Appendix "A" on
September 14, 2009 who is not a member of UNION is exempt from the provisions
of this ARTICLE, unless and until such employee later voluntarily becomes a member
of the UNION or elects to pay the agency service fee. Any employee who would
otherwise be exempt from the provisions of this ARTICLE who voluntarily becomes a
member of the UNION or elects to pay the agency service fee shall lose his or her
exemption, and shall be required, as a condition of employment, to maintain his or
her UNION membership, or pay the agency service fee set by UNION.
32.4 UNION shall comply with applicable law regarding disclosure and allocation of its
expenses, notice to employees of their right to object, provision for agency fee
payers to challenge the UNION's determinations of the amounts chargeable and
appropriate escrow provisions to hold contested amounts while the challenges are
underway.
32.5 ANAHEIM shall upon receipt of notice from the UNION process a mandatory agency
fee payroll deduction in the appropriate amount and forward that amount to UNION.
32.6 UNION agrees to fully indemnify and defend ANAHEIM and its officers, employees
and agents against any and all claims, proceedings and liability arising, directly or
indirectly out of any action taken or not taken by or on behalf of ANAHEIM under
this ARTICLE.
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PTCSE January 8, 2010 through January 6, 2011
33.1 The terms of this Memorandum are to remain in full force and effect until the 6 day of
January, 2011, unless extended by the UNION as authorized by Section A.1 of
APPENDIX "A" SPECIAL PROVISIONS of this Memorandum. Upon adoption of a
resolution approving this Memorandum and the terms hereof by the City Council of the
City of Anaheim, this Memorandum shall be in full force and effect.
STAFF OFFICIALS of the CITY OF INTERNATIONAL BROTHERHOOD OF
ANAHEIM, ELECTRICAL WORKERS, LOCAL 47,
a Municipal Corporation representing the Anaheim Part -Time
Customer Service Employees
Dated: r-/ z 2 —VO 42 7
ARTICLE 33
DURATION
24
By:
Dated:
(/(6 y z t C;
PTCSE January 8, 2010 through January 6, 2011
A.1
APPENDIX "A"
SPECIAL PROVISIONS
ANAHEIM and UNION agree that UNION may, at its sole discretion, extend the terms
and conditions of this MOU by notifying ANAHEIM of its intent prior to the expiration of
the effective date of the Agreement. UNION may, upon notification, extend the
Agreement:
From January 7, 2011 to July 6, 2011 by so notifying ANAHEIM on or before
January 6, 2011.
From July 7, 2011 to January 4, 2012 by so notifying ANAHEIM on or before
July 6, 2011.
From January 5, 2012 to July 5, 2012 by so notifying ANAHEIM on or before
January 4, 2012.
From July 6, 2012 to January 2, 2013 by so notifying ANAHEIM on or before
July 5, 2012.
ANAHEIM and UNION further agree that the phrase "term of this Agreement" for the
purpose of A.1 of Appendix "A" SPECIAL PROVISIONS includes any extensions that the
UNION may elect as described above.
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PTCSE January 8, 2010 through January 6, 2011
Classification
Part-Time Public Utilities Customer
Service Representative I
Part-Time Public Utilities Customer
Service Representative II
Part-Time Public Utilities Customer
Service Representative III
Part-Time Meter Reader
APPENDIX "A"
WAGES
January 8, 2010, through January 6, 2011
Schedule /Steps Hourly Rates
20574 -9
2420 4 9
2541 4 9
2430 3 9
Part-Time Utilities Service 2721 4 9
Representative
26
$16.91 $20.57
$19.89 $24.20
$20.89 $25.41
$19.20 $24.30
$22.36 $27.21
PTCSE January 8, 2010 through January 6, 2011