RES-2012-135 RESOLUTION NO. 2012 - 135
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 REPRESENTED
BY THE TEAMSTERS, LOCAL 952
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 October 22, 2012, between the Teamsters, Local
952 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 Teamsters, Local 952 and the City of Anaheim
executed by the City Management Representative and the Teamsters, Local 952, on October
22, 2012, 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 July 8, 2011 through January 2, 2014.
BE IT FURTHER RESOLVED that Resolution No. 2010 -105 is hereby repealed effective
July 8, 2011.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 13th day of November 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
I..A. 1
CITY CLERK O THE C Y OF A £ H�
F: \OT6005CS.DOC
�■ ■1
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MEMORANDUM OF UNDERSTANDING
between the
TEAMSTERS, LOCAL 952
and the
CITY OF ANAHEIM
July 8, 2011 through January 2, 2014
L" 'J
TABLE OF CONTENTS
PAGE
GENERAL
ARTICLE 1 PREAMBLE 1
ARTICLE 2 UNION RECOGNITION 1
ARTICLE 3 HIRING & EMPLOYMENT OF EMPLOYEES WORKING 2
IN THE CONVENTION, SPORTS AND
ENTERTAINMENT DEPARTMENT
ARTICLE 4 CHECK -OFF 5
ARTICLE 5 ADMINISTRATION 6
ARTICLE 6 DISCUSSION 7
ARTICLE 7 AGENCY SHOP 8
COMPENSATION & PAY PROVISIONS
ARTICLE 8 CLASSIFICATIONS, WAGES AND HOURS 9
ARTICLE 9 PREMIUM PAY 11
ARTICLE 10 BILINGUAL PAY 12
ARTICLE 11 HEALTH & WELFARE 12
ARTICLE 12 VACATION BENEFIT 13
WORK RULES
ARTICLE 13 WORKING CONDITIONS 13
ARTICLE 14 EMPLOYEE AVAILABILITY AND LEAVES 15
ARTICLE 15 MILITARY LEAVE 16
ARTICLE 16 WORK ASSIGNMENT 16
ARTICLE 17 REDUCTION IN FORCE 18
ARTICLE 18 REINSTATEMENT 19
ARTICLE 19 INVESTIGATIONS 19
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ARTICLE 20 DISCIPLINE 19
ARTICLE 21 GRIEVANCE PROCEDURE 22
ARTICLE 22 DRUG AND ALCOHOL TESTING BASED ON REASONABLE 23
SUSPICION
MISCELLANEOUS
ARTICLE 23 PREVAILING RATES FOR SUBCONTRACTORS 26
ARTICLE 24 NO STRIKE 26
ARTICLE 25 SAVINGS CLAUSE 27
ARTICLE 26 DURATION 28
APPENDIX "A" APPENDIX "A" WAGES SPECIAL PROVISION 28
APPENDIX "A -1" WAGES 30
"A-2"
APPENDIX "B" DEFINED CONTRIBUTION RETIREMENT PLAN 31
APPENDIX "C" UNION ACTIVITY 33
APPENDIX "D" AMENDMENT TO MEMORANDUM 34
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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
Teamsters, Local 952, affiliated with International Brotherhood of Teamsters
(hereinafter called "UNION ") and shall apply to all the employees of ANAHEIM
working in the classifications set forth in Appendix "A -1" and Appendix "A -2"
in the Convention, Sports and Entertainment Department.
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 and 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 shall become effective without further action
by either party.
ARTICLE 2
UNION RECOGNITION
2.1 ANAHEIM hereby recognizes UNION as the collective bargaining
representative for all its members and as the collective bargaining agency
concerning the wages, hours and working conditions of employees working in
the Convention, Sports and Entertainment Department in the classifications
that are set forth in Appendix "A -1" and Appendix "A -2 ", to the fullest extent
allowable under California law applying to public employees. As public
employees, such employees shall have the right to discuss individual problems
of employment with ANAHEIM, provided that upon the request of the
employee the UNION shall be kept fully informed and have the right to be
present at all meetings between ANAHEIM and the individual.
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ARTICLE 3
HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE
CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT
3.1 Job Bulletins regarding classifications represented by the UNION shall be sent
to the UNION during recruitment periods.
3.2 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 no test or qualification procedure utilized by ANAHEIM or
refusal to accept for employment shall be done to discriminate for or against
an applicant because of union or non -union membership or, subject to those
exceptions and /or limitations set forth in the California Fair Employment and
Housing Act and /or Title VII of the Federal statues, because of race, color,
creed, national origin, religious or political affiliation or belief, ancestry, sexual
orientation, physical disability, mental disability, medical condition, marital
status, gender, sexual orientation, or age, unless based upon a bona fide
occupational qualification or applicable security regulations established by the
United States or the State of California or where the employee because of his
or her mental or physical disability or medical condition is unable to perform
the essential duties even with reasonable accommodation or in a manner that
would not endanger his or her health or safety or the health or safety of
others even with reasonable accommodation.
3.3 ANAHEIM agrees once each quarter, or upon request, to furnish the UNION a
list of all persons hired for events at the Convention, Sports and
Entertainment Department.
3.4 Employees working in classifications listed in Appendix "A -1" or Appendix "A-
2" shall serve a probationary period of six (6) months. Upon successful
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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.
3.4.1 In the event an employee is assigned to Tight 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.
3.5 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 a probationary employee is found to be below standards to the
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.
3.6 ANAHEIM will make every reasonable effort to return an employee rejected or
laid off during the probationary period to the classification in which he /she
had regular status, unless the reasons for his /her failure to complete the
probationary period would be cause for dismissal. If not returned to his /her
former classification the employee shall be separated from employment with
ANAHEIM.
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3.7 ANAHEIM has determined that the size and operation of the Convention,
Sports and Entertainment Department has developed to the point that there is
a need to set forth criteria for defining groups of employees engaged in
limited employment who are covered by the Memorandum of Understanding
between the parties. Accordingly, the following categories are hereby
established.
3.7.1 Categories
3.7.1.1 Event Part Time Employees — this category is limited to
employees hired to work an average of less than twenty (20)
hours per week on an ongoing basis in any fiscal year.
3.7.1.2 Regular Part-Time Employees — this category is limited to
those employees who work up to thirty (30) hours per week
on an ongoing basis (maximum 1560 hours in any fiscal
year).
3.7.2 The number of positions in each category will vary in accordance with
ANAHEIM's requirements and will be established by ANAHEIM.
3.7.3 Assignment of personnel to these positions and between these
positions will be made by ANAHEIM. When ANAHEIM determines that
it is in its best interest to make assignments to a Regular Part-Time
position from within, Convention Center management shall:
3.7.3.1 Post a Notice of its intent to make an assignment to a
Regular Part-Time position, and the position's required
availability, for a period of at least fourteen (14) consecutive
days.
3.7.3.2 Select the employee to be assigned from those individuals
who request consideration during the posting period. Unless
otherwise indicated on the Notice, assignments shall be made
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on the basis of the employee's availability, record of
performance, and seniority, in that order.
3.7.4 Employees working in limited employment categories set forth in
ARTICLE 3.7.1.1 are not entitled to any of ANAHEIM's benefit plans
except as set forth in ARTICLE 12 and Appendix "B" of the
Memorandum of Understanding, provided, however, that employees
assigned to ARTICLE 3.7.1.2 will be enrolled in the Public Employees
Retirement System covering miscellaneous employees of Anaheim.
3.7.5 Employees hired or assigned to positions defined in ARTICLE 3.7.1.2
shall pay 4.75% of the statutorily required 8% employee contribution
to the retirement system. Such contributions shall be designated as
"employer pick up" contributions under the provisions of Section 414
(h)(2) of the Internal Revenue Code.
3.7.6 UNION and ANAHEIM agree that ANAHEIM will amend the PERS
Miscellaneous Plan for Anaheim City, Employee Number 0303, upon
agreement between ANAHEIM and all other Miscellaneous groups to
institute a revised defined benefit retirement plan consisting of
Government Code Section 21353 "2 % @60" defined benefit formula
and Government Code Section 20037 "three year final averaging" for
employees, in a classification represented by the UNION, hired on or
after the effective date of the contract amendment with CaIPERS.
ARTICLE 4
CHECK -OFF
4.1 ANAHEIM agrees to a 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 when authorized to do so by
said members, and remit such payments to the UNION in accordance with the
terms of signed authorizations of such members. The deduction of such dues
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and initiation fees by ANAHEIM and the remittal of same by ANAHEIM to the
UNION shall constitute payment of said dues and initiation fees by such
members of the UNION.
4.2 This check -off procedure shall apply only to those members of the UNION
whose names shall have been furnished to ANAHEIM by the UNION and who
have not arranged to apply their monthly dues and regular initiation fee
personally to the UNION.
4.3 When employee orientations are held for employees, the UNION shall be
notified one (1) week in advance, or as soon as practical, and shall be
permitted to make a presentation on Union representation prior to the
scheduled starting time and /or following the conclusion of the orientation
meeting.
ARTICLE 5
ADMINISTRATION
5.1 Union representatives shall be permitted to visit the operations covered herein
for the purpose of observing conditions under which employees are working,
provided such visit(s) shall not interrupt the work of employees.
5.2 ANAHEIM recognizes the employees' and the UNION's right to elect or appoint
shop stewards. The UNION agrees to notify ANAHEIM, in writing, as to such
shop stewards' identities and of subsequent elections or appointments, if any.
The parties agree that employees elected or appointed as shop stewards for
and by the UNION shall, nevertheless, be required to and shall work all
regular work in their respective classifications.
5.3 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, a reasonable number of officers, shop
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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 otherwise scheduled to work.
5.4 ANAHEIM shall furnish bulletin board space at a mutually agreeable, specific
location for the purpose of posting notices pertaining to UNION business.
5.5 ANAHEIM and UNION acknowledge their mutual interest in the success of the
Anaheim Convention Center Labor /Management Committee ( and that
success of the LMC depends, in large part, on active participation by
employees. ANAHEIM agrees to pay up to two (2) employees at their regular
hourly rate of pay when they are attending regular LMC meetings. UNION
agrees that time spent outside of scheduled work hours researching LMC
issues or otherwise conducting LMC- related business shall be voluntary and
unpaid.
ARTICLE 6
DISCUSSION
6.1 It is the intent of both parties to maintain an open line of communication for
the betterment of employer - employee relations. Any issue not pertaining to
grievances or grievable issues may be discussed by the UNION or ANAHEIM
at either party's request.
6.2 A party requesting a discussion may orally or in writing notify the other party
of the subject to be discussed. Thereafter, a meeting shall be promptly
arranged, at which meeting not more than two UNION members and the
business manager or business representative of the UNION may be present.
6.3 If the parties are not able to resolve the issues after three meetings, the
issues will be considered dropped, unless both parties agree to meet
additional times.
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6.4 If the discussion process results in an agreement between the City
Management Representative and UNION to amend this Memorandum of
Understanding, such agreement shall be incorporated in a written letter of
understanding, signed by the City Management Representative and UNION
representatives. The matters incorporated in the Letter of Understanding
shall be presented to the City Council, or its statutory representative, for
determination.
ARTICLE 7
AGENCY SHOP
7.1 Agency shop as used in this herein means an organizational security
agreement as defined in Government Code Section 3502.5.
7.2 Each employee hired on or after August 14, 2009 shall be required, within
forty five (45) days of his or her appointment date, to become a member of
the UNION in good standing, or to pay an agency service fee set by UNION 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 agency service
fees shall be the American Cancer Society, the American Heart Association,
and the American Lung Association.
7.2.1 ANAHEIM shall provide dues check -off deduction forms to employees
when first hired. UNION shall be responsible for obtaining employee
signatures and submitting deduction authorization cards to ANAHEIM's
Payroll Manager.
7.3 UNION shall comply with applicable law regarding disclosure and allocation of
its expenses, notice to employees of their right to object, provision for agency
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fee payers to challenge UNION's determinations of the amounts chargeable
and appropriate escrow provisions to hold contested amounts while the
challenges are underway.
7.4 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.
7.5 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.
ARTICLE 8
CLASSIFICATIONS, WAGES AND HOURS
8.1 Wages and hours of work for the various classifications shall be as set forth in
Appendix "A -1" and Appendix "A -2" to this Memorandum and by this
reference made a part hereof.
8.2 Newly hired employees shall be compensated at the lowest step of the salary
schedule of the job class for which they were hired.
8.3 Employees in job classifications listed in Appendix "A -1" shall be eligible for
consideration for merit pay increases as follows:
8.3.1 To the 7 step of the salary schedule after completion of 260 hours
worked in the 6 step.
8.3.2 To the 8 step of the salary schedule after completion of 260 hours
worked in the 7 step.
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8.3.3 To the 9 step of the salary schedule after completion of 520 hours
worked in the 8 step.
8.3.4 Merit pay increases may be denied by the employee's department
manager for good and sufficient reasons. Employees shall be given
written notice of the basis for denial of a merit pay increase, and such
denial shall be subject to review through the grievance procedure.
8.4 Employees in classifications listed in Appendix "A -1" shall be eligible for
consideration for a performance bonus of twenty cents (204) per hour for
each hour worked as follows:
8.4.1 Upon completion of 1,040 consecutive hours worked in the 9 step of
the salary schedule; and
8.4.2 Performance ratings of "Satisfactory" or better on the two (2) most
recent performance evaluations.
8.4.3 The performance bonus may be revoked by the employee's
department manager for good and sufficient cause. Upon taking such
action, the department manager shall provide written notification to
the employee containing a statement of the substantial reasons for the
revocation. An employee who has had the performance bonus
revoked may re- establish eligibility for consideration for the bonus in
accordance with sections 8.4.1 and 8.4.2 above.
8.4.4 For the purpose of 8.4.3 above, the term "good and sufficient cause"
shall be understood to include, but not be limited to, violations of
Anaheim Convention Center attendance policies, employee misconduct
resulting in discipline of a written reprimand or greater, or two (2)
consecutive performance ratings of Tess than "Satisfactory".
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8.4.5 The performance bonus shall be effective the following pay period the
employee becomes eligible to receive such bonus. In the event
ANAHEIM fails to provide such bonus as specified above, ANAHEIM
agrees to provide the performance bonus retroactive contingent upon
the employee sustaining eligibility specified under this Article.
8.5 The hourly rate shall be on a four (4) hour guarantee except when called in for
meetings and training when the guarantee shall be two (2) hours. For time
worked in excess of the guarantee, employees shall be paid straight time
based on the applicable hourly rates to be computed in quarter hour units.
ARTICLE 9
PREMIUM PAY
9.1 For time worked in excess of eight (8) hours per day or forty (40) hours in one
week, employees shall be paid time and one -half (1/2) based on the
applicable hourly rates to be computed in quarter hour units.
9.2 In case of rain out or cancellation of an event, and if ANAHEIM does not give
reasonable notice, either personally or through public communications,
ANAHEIM will pay to hourly employees two (2) hours pay if the employee
reports to work.
9.3 On New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and Martin Luther King, Jr.'s birthday,
employees working in the above classifications shall receive time and one -half
(1/2) for all hours worked.
9.4 An employee who works any of the six (6) hours between 11:00 p.m. and
5:00 a.m. shall receive graveyard differential pay at twenty five cents (25)
per hour for each of those hours worked.
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ARTICLE 10
BILINGUAL PAY
10.1 The hourly rates listed in Appendix "A -1" or Appendix "A -2" shall be increased
by fifty cents (50) for 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.
10.2 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual
pay.
10.3 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.
10.4 The effective date of bilingual 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 above. Employees may be
required to undergo a test of continued competency, upon request of the
operating department.
ARTICLE 11
HEALTH & WELFARE
11.1 Employees working in a classification listed in Appendix "A -2" shall be
provided health insurance, through the Kaiser HMO Plan offered to full time
employees, as long as they remain employed and available for work.
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Employees shall become eligible for coverage on the first day of the month
following the completion of the probation period as described in Section 3.4 of
the Memorandum of Understanding.
11.2 ANAHEIM's maximum contribution towards an employee's purchase of the
Kaiser HMO Plan (employee only) is as follows:
0 — 2 years employment 50%
More than 2 years employment 75%
11.3 At the request of the UNION, the PARTIES may reopen at any time during the
term of the Agreement to discuss alternatives to existing healthcare options,
including but not limited to, the feasibility of implementing the UNION's
Health & Welfare Plan for employees in the Teamsters Bargaining Unit. This
term shall terminate on January 2, 2014 and shall not survive the term of this
Agreement.
ARTICLE 12
VACATION BENEFIT
12.1 An employee working in classifications listed in Appendix "A -1" or Appendix
"A -2" who works eight hundred (800) or more hours in any calendar year
shall be paid four percent (4 %) of his /her gross earnings as vacation benefits
upon separation or during the first pay period of the next calendar year. The
calendar year shall be defined as the period for which wages earned are
reported for tax purposes.
ARTICLE 13
WORKING CONDITIONS
13.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear
for its employees, without cost to the employees.
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13.2 Employees may either wear their uniforms to and from work and clean and
maintain their uniforms themselves or change into and out of their uniforms
on the premises on their own time and leave the uniforms in a designated
area for cleaning and laundering by ANAHEIM. All employees must be in
uniforms that are clean, laundered, wrinkle free, and in keeping with the
professional standards of the Anaheim Convention Center at the start of their
shift.
13.3 ANAHEIM shall maintain suitable dressing and break quarters for the use of
the employees covered herein.
13.4 Management of the Convention, Sports and Entertainment Department will, to
the extent possible, pre- determine the number of parking spaces needed to
take care of the public attending events. To the extent there are spaces
available to permit employee parking, spaces will be made available to
employees at no charge. Anaheim agrees to make reasonable effort to
identify additional employee parking.
13.5 Adequate restroom and locker room facilities shall be provided for all
employees.
13.6 The City will furnish and maintain safety equipment. As a continuing portion
of its Safety Program, the City agrees to maintain an active City /Union
communication of any safety problems noted.
13.7 ANAHEIM and UNION agree that regular, formal and informal feedback from
supervisors to employees is critical to good job performance, and that
employees have the right to know how they are performing in relation to
established standards. ANAHEIM agrees to provide each employee in a
classification listed in Appendix "A -1" or Appendix "A -2" with a written
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performance evaluation at least once annually. Employees shall be provided a
copy of any written review of their performance, and shall have the right to
respond in writing to their written performance appraisal, such responses to
be placed in the employee personnel file. At the employee's request, a
written performance appraisal may be reviewed with higher levels of
management in the employee's chain of command.
ARTICLE 14
EMPLOYEE AVAILABILITY AND LEAVES
14.1 ANAHEIM and UNION agree that availability is a condition of employment.
Event part-time employees shall be required to maintain an availability of
twenty (20) hours per week. Regular part-time employees shall be required
to maintain an availability of thirty (30) hours per week. Any employee who
does not maintain his /her availability, does not report as scheduled, or who is
otherwise absent without leave shall be subject to discipline up to and
including dismissal from the Convention Center.
14.2 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A -1" or Appendix "A -2" of this Agreement who have been
continuously employed for a period of at least one (1) full year shall be
eligible for up to three (3) shifts of unpaid sick leave per year. Employees
who fail to notify the appropriate supervisor prior to the beginning of their
scheduled work shift of their inability to work due to illness or injury shall be
considered to be absent without leave.
14.3 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A -1" or Appendix "A -2" of this Agreement shall be provided unpaid
leave in the event of a death in their immediate family for the purpose of
making funeral arrangements and /or attending funeral services. "Immediate
family" for the purposes of this provision shall be the employee's spouse,
children, grandchildren, parents, grandparents, the parents of the employee's
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spouse and the employee's registered domestic partner. As used herein,
"registered domestic partner" means that a Declaration of Domestic
Partnership has been filed with the California Secretary of State.
14.4 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A -1" or Appendix "A -2" of this Agreement who have been
continuously employed for a period of at least one (1) full year may be eligible
for an unpaid leave of absence of up to thirty (30) calendar days. Such
leaves shall be scheduled and taken in accordance with the best interests of
ANAHEIM, and shall require the prior written approval of Convention Center
management.
14.5 Leaves taken under the provisions of the federal Family Medical Leave Act
and /or the California Family Leave Act shall be concurrent with any leave
entitlement an employee may have under the provisions of Section 14.4
above.
14.6 Employees shall be granted unpaid leave whenever duly summoned to any
court for the purpose of performing jury duty, provided the employee submits
documentation from the court for such duty performed.
ARTICLE 15
MILITARY LEAVE
15.1 Military Leave and compensation therefore shall be in accordance with the
provisions of the Military and Veterans Code of the State of California.
ARTICLE 16
WORK ASSIGNMENT
16.1 In the interest of maintaining an efficient system of operations in the
Convention, Sports and Entertainment Department and to facilitate the
assignment of fluctuating numbers of part -time employees to the various
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events, ANAHEIM and the UNION agree that appropriate consideration shall
be given to the following:
16.1.1 Work opportunities required to maintain an adequate, interested,
trained, available part -time work force.
16.1.2 Work opportunities based upon employee availability, record of
performance, and seniority (in that order). ANAHEIM shall ensure
that assignment of employees pursuant to this Article 16 shall be
free of any personal or political considerations, and shall not be
made in a capricious or arbitrary manner.
16.2 ANAHEIM and UNION agree that in order to improve communication and
understanding regarding the scheduling of employees in classifications listed
in Appendix "A -1 ", Parking Lot management and the UNION shall meet
periodically to review and address employee and UNION concerns regarding
the scheduling of Parking employees.
16.3 ANAHEIM and UNION agree to meet periodically during the term of this
Agreement to develop scheduling procedures for the event part -time and
regular part -time employees in classifications listed in Appendix "A -2" of this
Agreement. ANAHEIM and UNION agree that scheduling procedures
developed under this Section shall include, but not be limited to, the following
considerations:
16.3.1 Limitations on changes to employee availability that will adversely
affect scheduling efficiency and effectiveness;
16.3.2 Procedures that will provide employees with a minimum expectation of
regularly scheduled hours based upon the employee's stated
availability;
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16.3.3 Procedures that will ensure employees do not exceed the annual
limitations on work hours under the PERL for part-time event
employees, and City Administrative Regulations for part-time regular
employees; and
16.3.4 Procedures that provide sufficient flexibility in scheduling to
Convention Center management to ensure management's ability to
provide peak staffing when necessary.
16.4 ANAHEIM and UNION agree that Convention Center management shall post,
in conjunction with regular bi- weekly pay cycles, the hours worked by
employees listed in Appendix "A -2 ". The posting shall reflect cumulative
hours worked by both fiscal and calendar year.
ARTICLE 17
REDUCTION IN FORCE
17.1 ANAHEIM and UNION agree that ANAHEIM will notify UNION of a planned
reduction in work hours or layoffs which may affect employees represented by
the UNION at the same time or prior to notification of individual employees.
17.1.1 When such notice is provided, ANAHEIM and UNION agree to meet
and confer regarding the basis upon which work hours will be reduced
or employees will be laid off. If the parties are unable to come to an
agreement within twenty -one (21) calendar days of the date that
ANAHEIM provided notice under this Article, employees shall be laid
off from their position on the basis of City seniority, from the least
senior to the most senior. "Seniority" shall be determined on the basis
of the employee's hire date without regard to the number of actual
hours worked.
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ARTICLE 18
REINSTATEMENT
18.1 An employee who terminates employment in good standing may be reinstated
to a vacant position in his /her former job class within three (3) years of
his /her termination date without re- qualifying for employment by competitive
process.
18.1.1 An employee reinstated within thirty (30) days of his /her termination
date shall be considered to have continuous service and shall not
serve a new probationary period. He /she shall be placed in his /her
former salary step and shall retain his /her record of step hours worked
for the purpose of merit pay increases.
18.1.2 An employee reinstated after thirty (30) days of his /her termination
date shall serve a new probationary period and shall be considered to
have broken service for the purpose of merit pay increases.
ARTICLE 19
INVESTIGATIONS
19.1 ANAHEIM shall provide employees with written notice at least twenty-four
(24) hours in advance of an investigatory interview that may lead to
discipline. The notice to the employee shall include a general description of
the allegations to be investigated and their right to union representation
during the interview.
ARTICLE 20
DISCIPLINE
20.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. Any employee may be suspended, demoted,
or dismissed for good and sufficient cause.
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20.1.1 Disciplinary determinations made in accordance with this Article shall
be governed by the general principals of progressive discipline. In
determining levels of discipline, appropriate consideration shall be
given to an employee's prior disciplinary record and work performance,
and shall be appropriate to the incident or conduct(s) giving rise to the
decision to discipline.
20.2 When in the judgment of the appropriate division head or other appropriate
manager, an employee's work performance or conduct justifies disciplinary
action short of dismissal; the employee may be demoted or suspended
without pay. Upon taking such action a written notification 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.
20.3 An employee may be 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.
20.4 In the disciplinary process, ANAHEIM shall conform to the procedural due
process requirements of Skelly V. State Personnel Board. At such time as
Skelly due process is required, prior to the determination that discipline will be
imposed, the appropriate Department Head or Administrative Manager, at a
minimum shall:
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20.4.1 Provide written notification to the employee of the proposed discipline
at least seven (7) working days prior to the date the discipline is
proposed to be implemented. The notification shall include:
20.4.1.1 The discipline that is proposed.
20.4.1.2 The grounds for imposing disciplinary action.
20.4.1.3 The actions, omissions, or conduct of the employee upon
which the proposed discipline is based.
20.4.1.4 An invitation to respond either orally or in writing prior to
the proposed effective date of the discipline.
20.4.2 Provide copies of documents considered which support the proposed
discipline.
20.4.3 Provide written notification of the final determination after
consideration of the employee's response or after the opportunity to
respond if the employee chooses not to respond.
20.4.4 ANAHEIM and the UNION recognize and understand that failure to
comply with ARTICLE20.4, shall not invalidate a disciplinary action, but
may result in penalties upon ANAHEIM, as reflected in decisions of the
California appellate courts.
20.55 ANAHEIM and UNION agree to stipulate to the following submission language
when discipline under this Article is submitted to an impartial arbitrator: "Was
(name of employee) [suspended, demoted, or dismissed] for good and
sufficient cause? If not, what shall the remedy be ?'
20.6 ANAHEIM shall remove all imposed written reprimands after the lapse of
eighteen (18) months from the date of such discipline, contingent upon the
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employee receiving no subsequent discipline of same or similar nature during
the specified eighteen (18) month period.
20.6.1 If the employee receives subsequent discipline of same or similar
nature during the timeframe specified within Article 20.6, the written
reprimand shall remain part of the employee's record /personnel file.
20.6.2 Any discipline relating to harassment, discrimination, and verbal or
physical violence shall be excluded from Article 20.6
ARTICLE 21
GRIEVANCE PROCEDURE
21.1 Any grievance or dispute brought forward by the UNION, which may arise out
of the application or interpretation of the terms or conditions of this
Memorandum, shall be settled in accordance with the procedure set forth
below.
21.2 Any grievance or dispute as defined under ARTICLE 21.1 above shall be
reduced to a written form by the charging party and presented to the other
party's authorized representative within fifteen (15) calendar days of the date
of the alleged occurrence or dispute. Thereafter, a representative of
ANAHEIM, selected by the latter, shall meet within fifteen (15) 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. In the event the
parties cannot resolve the dispute to the charging party's satisfaction, 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.
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21.3 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.
21.4 All expenses of an arbitration shall be borne equally by ANAHEIM and the
UNION.
21.5 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. This language is not intended to impede or delay
the arbitration process.
ARTICLE 22
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION
22.1 It is critical to the public health and welfare and to employees' safety to
ensure a drug and alcohol free work environment. No employee shall report
to work while under the influence of drugs or alcohol or illegal drugs, nor shall
any employee possess, use, or consume alcohol or illegal drugs while on City
time or on City property. No employee shall report to work or remain on duty
while his /her ability to perform job duties is impaired due to alcohol or drug
use, whether such use was on duty or off duty.
22.2 Employees taking drugs prescribed by an attending physician must advise
their direct supervisor, before beginning work, of possible side effects of such
drugs, if the physician or physician's assistant, nurse or pharmacist advises
the employee that it could interfere with the safe and effective performance
of duties or operation of equipment. Clearance from a qualified physician
designated by the City may be required if there is a question regarding an
23
employee's ability to safely and effectively perform assigned duties while
using such drugs.
22.3 Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall, for safety
purposes, be provided transportation from the work site as appropriate.
22.3.1 The term "reasonably believed" as used in ARTICLE 22.3 above is a
belief based on objective facts, sufficient to lead a reasonably prudent
person to suspect that an employee is under the influence of drugs or
alcohol.
22.3.2The term "under the influence" as used in ARTICLE 22.1 above
means the employee's ability to perform the functions of the job is
impaired or that the employee's ability to perform his or her job safely
is reduced due to the consumption or use of drugs or alcohol.
22.4 Managers and supervisors may order, upon concurrence of a second level of
supervisor, that an employee submit to a drug and /or alcohol screening when
a manager or supervisor has reasonable belief that an employee is under the
influence of illegal drugs and /or alcohol while at a work location, while on the
job or when reporting for duty. Employees shall authorize the City's medical
provider and laboratory to take samples for screening and to release the
results of the screening to the City.
22.4.1 An employee who refuses an order to submit to a drug and /or alcohol
screening, or to authorize the taking of a sample, or to authorize the
release of the results of the screening to the City, or engages in
conduct that clearly obstructs the testing process shall be subject to
disciplinary action, up to and including dismissal.
24
22.5 All alcohol or controlled substances testing shall comply with the procedures
set forth in the Federal Motor Carrier Safety Regulations Title 49 —
Transportation, Chapter III — Federal Highway Administration Department of
Transportation, Part 40 (Procedures for Transportation Workplace Drug and
Alcohol Testing Programs).
22.5.1A positive result from a drug and /or alcohol screening may result in
disciplinary action, up to and including dismissal.
22.5.2 If a drug screen is positive, the employee must provide, within 24
hours of request, bona fide verification of a valid prescription in the
employee's name for the drug identified in the drug screen. An
employee may be subject to disciplinary action, up to and including
dismissal:
• If the employee does not provide acceptable verification of a valid
prescription; or
• If the prescription is not in the employee's name.
22.6 An employee who has had a positive result from a drug screening shall
undergo a return -to -duty drug screening and will not be returned to duty
unless there is a verified negative result for controlled substances. An
employee who has had a positive result from an alcohol screening shall
undergo a return -to -duty alcohol screening and will not be returned to duty
unless there is a verified result of an alcohol concentration of less than 0.02.
22.7 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies and procedures shall be held strictly confidential.
22.7.1 The drug and /or alcohol screening results will be retained with medical
examination results in a separate location in compliance with the
Confidentiality of Medical Information Act, California Civil Code Section
25
56, et seq.
22.7.2 The reports or test results may be disclosed to City Management on a
strictly need -to -know basis and to the tested employee upon request.
22.7.3 Disclosures, without patient consent, may also occur when the
information:
(1) Is compelled by law or by judicial or administrative process;
(2) Has been placed at issue in a formal dispute between the
employer and the employee;
(3) Is to be used in administering an employee benefit plan;
(4) Is needed by medical personnel for the diagnosis or treatment of
a patient who is unable to authorize disclosure.
ARTICLE 23
PREVAILING RATES FOR SUBCONTRACTORS
23.1 In the event ANAHEIM decides to contract out to a private employer any of
the work of the classifications herein covered for events, it is agreed that such
contracting of said work shall be made by ANAHEIM only to contractors or
employers whose employees are paid the prevailing rates of pay and all other
applicable benefits which are provided for in this Memorandum for employees
in the specified classifications. This Article shall remain in effect through
midnight September 30, 1996.
ARTICLE 24
NO STRIKE
24.1 During the term of this Agreement, the UNION agrees that neither the UNION
nor its officers, agents or members will directly or indirectly cause, sanction,
permit, support or engage in any strikes, slowdowns, walkouts, stoppages of
work or other concerted interference with ANAHEIM's business or operations.
26
24.2 The UNION and its officers or officials shall take every reasonable, prompt,
and positive measure within their power to prevent and stop any unauthorized
strike, slowdown, walkout or stoppage of work.
ARTICLE 25
SAVINGS CLAUSE
25.1 The Resolution of ANAHEIM shall provide that if any provision of this
Memorandum or the Resolution is at any time, or in any way held to be
contrary to the 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.
27
ARTICLE 26
DU RATION
26.1 The terms of this Memorandum are to remain in full force and effect until and
including the 2 "d day of January 2014 except as to the schedule of wages and
economic benefits which are to be reviewed and subject to discussion during
the sixty (60) DAYS prior to January 2, 2014, and if said schedule of wages
and economic benefits cannot be agreed upon by said date, this
Memorandum shall continue thereafter until terminated or amended in the
course of meet and confer. Upon adoption of a Resolution approving the
terms and conditions of this Memorandum by the City Council of the City of
Anaheim, this Memorandum shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIM, TEAMSTERS, Local No. 952, affiliated with
A Munici•al C•rporation the International Brotherhood of Teamsters
, � //./ •
totAleask
411, i
0 - .2 - /,2 / d 7 Z o
Date Date
28
APPENDIX "A" WAGES
SPECIAL PROVISION
1.0 ANAHEIM and UNION agree that if any full -time employee organization is
granted a general wage increase effective within eighteen (18) months of the
expiration of their current Memorandum of Understanding, employees
working in classifications listed in Appendix "A -1" or Appendix "A -2" Wages
shall receive a general wage increase effective January 9, 2009, equal to the
percentage increase in the CPI -W for the Los Angeles- Riverside - Orange
County index for the most recent twelve (12) month period or, 3 %,
whichever is greater. This provision shall not apply in the event the Anaheim
Firefighters Association is awarded a general wage increase as the result of an
interest arbitration decision. For the purpose of this provision, the current
MOU's are understood to be those MOU's covering all full time employees that
were in effect as of January 9, 2009.
2.0 ANAHEIM and UNION agree that provisions of Section 8.4 shall apply to hours
worked on or after January 8, 2010.
29
APPENDIX "A -1" Wages
Parking Lot Employees
7/8/2011
CLASSIFICATIONS HOURLY
PAY RATES
Step 6 Step 7 Step 8 Step 9
Parking Lot Attendant $9.86 $10.11 $10.36 $10.61
Parking Lot Cashier $10.33 $10.58 $10.83 $11.08
Parking Lot Captain $11.28 $11.53 $11.78 $12.03
Effective January 14, 2013, the Parking Lot series top step rate shall be adjusted to:
Step 9
Parking Lot Attendant $11.95
Parking Lot Cashier $12.48
Parking Lot Captain $13.55
APPENDIX "A -2" Wages
Security Guards
7/8/2011
CLASSIFICATIONS SCHEDULE /STEPS HOURLY RATES
Part Time Lead Security Guard 2095 8 -9 $19.95 - $20.95
Part Time Security Guard 1822 8 -9 $17.35 - $18.22
1. ANAHEIM AND UNION agree that wages for security guard classifications
represented by UNION shall be based on the following salary relationships:
PART TIME SECURITY GUARD
Part Time Lead Security Guard 1.150 x Part Time Security Guard
30
2. Effective January 4, 2013, ANAHEIM shall provide a lump sum payment to
employees in the Security Guard classifications represented by UNION of
$200.00. Such payment shall be made to any employee who is employed by
ANAHEIM on January 4, 2013.
APPENDIX "B"
DEFINED CONTRIBUTION RETIREMENT PLAN
1. ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the
vehicle for a permitted defined contribution retirement plan for eligible
employees of the Parking Lot Employees Unit.
2. ANAHEIM and the UNION agree that mandatory participation is required by all
employees in Article 3.7.1.1 Event Part-Time Employees.
3. ANAHEIM and the UNION agree that employees in Article 3.7.1.2 Regular
Part -Time Employees are not eligible to participate in the mandatory 457
program.
4. ANAHEIM and the UNION agree that Anaheim shall select a single financial
institution as the depository for the Parking Lot Employees Retirement
Account, and that all employee contributions to this mandatory program will
be separately accounted for.
5. ANAHEIM and the UNION agree that employee contributions will continue
during the life of this Agreement.
6. ANAHEIM and the UNION agree that employees will be fully vested in the
benefit at the time of initial contributions.
31
7. ANAHEIM and the UNION agree that employees will not be removed from the
plan, except at such time as the employee is formally removed from the City
payroll.
8. ANAHEIM agrees to develop and adopt such amendments to the 457 plan that
are necessary to ensure compliance with Internal Revenue Service regulations
and rulings at such time as they are issued.
9. Either ANAHEIM or UNION may, at its sole discretion, terminate this
Agreement upon 90 days notice to the other party; it being understood that
termination of this agreement would result in the implementation of Social
Security payments by the employee and the employer as required by Section
3121 (b)(7)(F) of the Internal Revenue Code.
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APPENDIX "C"
UNION ACTIVITY
City of Anaheim
Ht� HUMAN RESOURCES DEPARTMENT
..GNn.F.v Via..
June 8, 2009
Ernesto Medrano
TEAMSTERS
Local 952
140 S. Marks Way
Orange, CA 92868
Dear Mr. Medrano:
This is to confirm that the City of Anaheim recognizes that, in the event of a labor
dispute against the City, employees represented by the Teamsters, Local 952, may
decline to cross the sanctioned picket line of another labor union. In the event an
employee does not report for a scheduled work shift or is otherwise in violation of
Convention Center rules, regulations, or policies as the result of a decision to
honor a sanctioned picket line, the City will notify the Teamsters before initiating
any disciplinary action,
Sincerely,
C
6
Christopher K Chase
Deputy Human Resources Director
c: file
200 S. Anaheim Boulevard, Suite 332
Anaheim, California 92805
TEL (714) 765 -5111 P:1LT1002SL,DOC
www. ananeim.net FAX (714) 765 -5211
33
APPENDIX "D"
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE TEAMSTERS,
LOCAL 952 AND THE CITY OF ANAHEIM
As a result of the enactment of the California Public Employees' Pension Reform Act
of 2013 (hereinafter "the Act "), as set forth in Section 7522 et seq. of the California
Government Code, the Teamsters, Local 952 (hereinafter "UNION ") and the City of
Anaheim (hereinafter "ANAHEIM ") have agreed to amend the Memorandum of
Understanding (MOU) they executed on October 19, 2012, the following respects:
D.1 ARTICLE 3.7.6 shall be amended to read,
"UNION and ANAHEIM agree that ANAHEIM will amend PERS Miscellaneous
Plan for Anaheim City, Employer Number 0303, to institute a revised defined
benefit plan for covered employees hired on or after January 1, 2013. The
revised defined retirement plan shall consist of the 2.0 % @62 defined formula
(Government Code Section 7.522.20(a)), with a final compensation
measurement period of three (3) consecutive years (Government Code
Section 20037) and the employee paying the full required member
contribution amount equal to eight percent (8 %) of compensation earnable,
plus any additional amount necessary to cause those employees to pay fifty
percent (50 %) of the normal costs attributable to the applicable retirement
formula, as provided in Government Code Sections 7522.30 and 20526
D.2 ANAHEIM and UNION agree that any provisions of Article 3.7.6 of the MOU,
as amended herein, that are contrary to or inconsistent with the lawful
provisions of the Act shall be modified so as to cause them to be consistent
with those lawful provisions through a Letter of Understanding that amends
the MOU, as amended herein, and incorporated with this Memorandum of
Understanding.
STAFF OFFICIALS OF THE CITY OF TEAMSTERS, Local 952, affiliated
ANAHEIM, a Municipal Corporation with International Brotherhood of
Teamsters
By: A By•
/ AZ
//
_ l'�L� , ✓� By: E/17 1 w
B B' � � By:
Dated: /b -.-/2 Dated: id ,t, ;Zzq7-,
34