RES-2013-030 RESOLUTION NO 2013- 030
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 SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 1877
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 February 5, 2013 between the Service Employees
International Union, Local 1877, 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 Service Employees International Union, Local
1877, and the City of Anaheim executed by the City Management Representative and the
Service Employees International Union, Local 1877, on February 5, 2013, 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,
2013 through January 6, 2016.
BE IT FURTHER RESOLVED that Resolution No. 2011 -145 is hereby repealed effective
February 5, 2013.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 5 day of February, 2013 by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray
NOES: None
ABSENT: None
ABSTAIN: None
MAY•R OF THE CI Y OF ANAHEIM
ATTEST:
' 4 r t0:
CITY CLERK OF THE CITY OF ANA EIM
F: \OT6027CS.DOC
MEMORANDUM OF UNDERSTANDING
between the
SERVICE EMPLOYEES' INTERNATIONAL
UNION, LOCAL 1877
and the
CITY OF ANAHEIM
January 8, 2013 through January 6, 2016
TABLE OF CONTENTS
PAGE
GENERAL
ARTICLE 1 PREAMBLE 1
ARTICLE 2 UNION RECOGNITION 1
ARTICLE 3 DISCUSSION 2
ARTICLE 4 AGENCY SHOP 3
ARTICLE 5 HIRING & EMPLOYMENT OF EMPLOYEES WORKING 4
IN THE CONVENTION CENTER, SPORTS AND
ENTERTAINMENT DEPARTMENT
ARTICLE 6 CHECK -OFF 9
ARTICLE 7 ADMINISTRATION 9
COMPENSATION & PAY PROVISION
ARTICLE 8 CLASSIFICATIONS, WAGES AND HOURS 11
ARTICLE 9 PREMIUM PAY 13
ARTICLE 10 BILINGUAL PAY 15
ARTICLE 11 HEALTH AND WELFARE 16
ARTICLE 12 VACATION BENEFIT 16
WORK RULES
ARTICLE 13 WORKING CONDITIONS 17
ARTICLE 14 EMPLOYEE AVAILABILITY AND LEAVES 18
ARTICLE 15 MILITARY LEAVE 20
ARTICLE 16 DRUG AND ALCOHOL TESTING BASED ON REASONABLE 20
SUSPICION
ARTICLE 17 DISCIPLINE 24
ARTICLE 18 INVESTIGATIONS 27
ARTICLE 19 GRIEVANCE PROCEDURE 27
ARTICLE 20 EMPLOYEE - EMPLOYER COMMITTEE 29
ARTICLE 21 WORK ASSIGNMENT 30
ARTICLE 22 REDUCTION IN FORCE 31
ARTICLE 23 REINSTATEMENT 32
MISCELLANEOUS
ARTICLE 24 PREVAILING RATES FOR SUBCONTRACTORS 32
ARTICLE 25 NO STRIKE 33
ARTICLE 26 SAVINGS CLAUSE 33
ARTICLE 27 DURATION 34
APPENDIX "A" WAGES
APPENDIX "B" HEALTH INSURANCE
APPENDIX "C" DEFINED CONTRIBUTION RETIREMENT PLAN
APPENDDC "D" DEFINED PENSION PLAN
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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 Service
Employees' International Union, Local 1877 (hereinafter called "UNION ") affiliated
with the Service Employees' International Union, Change to Win, and shall apply to
all the employees of ANAHEIM working in the classifications set forth in Appendix
"A" at the sporting and all other events at the Anaheim Convention Center in
Anaheim, California.
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 any further action by either party.
ARTICLE 2
UNION RECOGNITION
2.1 ANAHEIM hereby recognizes the UNION as the collective bargaining representative
for all its members and the collective bargaining agency concerning the wages,
hours and working conditions of employees working at the Anaheim Convention
Center in the classifications that are set forth in Appendix "A ", to the fullest extent
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allowable under California law applying to public employees. As public employees,
such employees covered herein shall have the right to discuss individual problems
of employment with ANAHEIM, provided that upon request of the employee, the
UNION shall be kept fully informed and have the right to be present at all such
meetings between ANAHEIM and the individual. In the event any grievance with
an employee involves the interpretation of the MEMORANDUM, ANAHEIM agrees to
inform the UNION and the UNION shall have the right to be present and
participate in any meetings or resolution of such a grievance.
ARTICLE 3
DISCUSSION
3.1 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.
3.2 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.
3.3 If the parties are not able to resolve the issue after three meetings, the issue will
be considered dropped, unless both parties agree to meet additional times.
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ARTICLE 4
AGENCY SHOP
4.1 Agency shop as used in this herein means an organizational security agreement as
defined in Government Code Section 3502.5.
4.2 Each employee hired on or after May 1, 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.
4.3 UNION shall comply with applicable law regarding disclosure and allocation of its
expenses, notice to employees of their right to object, provision for agency fee
payers to challenge UNION's determinations of the amounts chargeable and
appropriate escrow provisions to hold contested amounts while the challenges are
underway.
4.4 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.
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4.5 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 5
HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE CONVENTION,
SPORTS AND ENTERTAINMENT DEPARTMENT
5.1 Job Bulletins regarding classifications represented by the UNION shall be sent to
the UNION during recruitment periods.
5.2 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 procedures utilized by ANAHEIM or refusal to accept for
employment shall be done to discriminate for or against because of union or non-
union membership or because of race, color, creed, national origin, religious or
political affiliation or belief, gender, age, sexual orientation or physical disability,
except where age or lack of physical disability is a bona fide occupational
qualification.
5.3 During the calendar year all employees in the classifications listed in Appendix "A"
shall designate the jobs they wish to be considered for as openings occur as
follows.
• Anaheim Convention Center (Maintenance) — Bulletin Board posting.
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• Anaheim Convention Center (Crowd Control) — Bulletin Board posting.
Placement in these jobs shall be in accordance with ARTICLE 21— WORK
ASSIGNMENT.
5.4 ANAHEIM agrees to furnish the UNION upon request a list of all persons hired for
events at the Convention Center.
5.5 Employees hired in classifications listed in Appendix "A" of this agreement shall be
subject to a period of probation consisting of six (6) months.
5.5.1 In the event an employee is absent from work or on temporary restricted
modified light duty due to a lengthy illness or injury during his or her
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 lost due to the
illness or injury.
5.5.2 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period
is served.
5.6 The work and conduct of a probationary employee shall be subject to close
scrutiny and evaluation and, if found to be below standards satisfactory to the
Convention Center Department, the probationer may be rejected at any time
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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.
5.6.1 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.
5.7 ANAHEIM has determined that the size and operation of the Convention Center 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.
5.7.1 Categories
5.7.1.1 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.
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5.7.1.2 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).
5.7.2 The number of positions in each category shall vary in accordance with
ANAHEIM's requirements and shall be established by ANAHEIM.
5.7.3 Assignment of personnel to these positions and between these positions
shall be made by ANAHEIM in accordance with ARTICLE 21.1.2 of the
Memorandum of Understanding.
5.7.4 Employees working in limited employment categories set forth in ARTICLE
5.7.1 are not entitled to any of ANAHEIM's benefit plans except as set forth
in ARTICLE 12 — VACATION BENEFIT, Appendix B — Health Insurance, and
Appendix C — DEFINED CONTRIBUTION RETIREMENT PLAN of the
Memorandum of Understanding provided, however that employees
assigned under the provisions of ARTICLE 5.7.1.2 shall be enrolled in the
Public Employees Retirement System covering Miscellaneous Employees of
Anaheim (PERS).
5.7.5 Employees hired or assigned to positions defined in ARTICLE 5.7.1.2 shall
pay 4.75% of the statutorily required 8.00% 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.
5.7.6 Effective pay period beginning June 20, 2014, employees hired or assigned
to positions defined in ARTICLE 5.7.1.2 shall pay five percent (5.00 %) of
the statutorily required eight percent (8.00 %) 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.
5.7.7 Effective pay period beginning June 19, 2015, employees hired or assigned
to positions defined in ARTICLE 5.7.1.2 shall pay six and one -half percent
(6.50 %) of the statutorily required eight percent (8.00 %) 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.
5.8 When a regular part time assignment under the provisions of Article 5.7.1.2
becomes available, ANAHEIM shall post the assignment for a minimum of fourteen
(14) days. Selection to regular part-time positions will be pursuant to ARTICLE 21
- WORK ASSIGNMENT. The City agrees that employees assigned under the
provisions of Article 5.7.1.2 shall be enrolled in PERS.
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ARTICLE 6
CHECK -OFF
6.1 ANAHEIM agrees to a check -off for the payment of the regular monthly UNION
dues and the regular UNION initiation fee or service charges, and to deduct such
payments for 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 or service charges by
ANAHEIM, the remittal of same by ANAHEIM to the UNION, shall constitute
payment of said dues and initiation fees or service charges by such members and
employees of the UNION.
6.2 When employee orientations and /or Anaheim Way orientations are held for
employees, the UNION shall be notified one (1) week in advance 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 7
ADMINISTRATION
7.1 UNION representatives shall be permitted to visit the operations covered herein
and shall be permitted to be present during line -ups for the purpose of observing
conditions under which employees are working, provided such visit shall not
interrupt the work of such employees.
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7.2 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
steward's identity 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 full -time in their
respective classifications. It is further agreed that employees appointed shop
stewards by the UNION shall not be discriminated against in work assignments
because of such appointment.
7.2.1 Solicitation of membership and all activities concerned with the internal
management of 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, except during breaks, meal
periods, or pre and post shift.
7.3 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 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.
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7.4 ANAHEIM will pay employees who are released from work for UNION business at
UNION request, and will bill 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.
7.5 ANAHEIM shall furnish bulletin board space at each facility at a mutually agreeable,
specific location for the purpose of posting notices pertaining to UNION business.
7.6 ANAHEIM shall furnish the UNION a list of all employees in classifications listed in
Appendix "A ", including date of hire upon UNION's request.
7.7 ANAHEIM and UNION acknowledge their mutual interest in the success of the
Anaheim Convention Center Labor /Management Committee (LMC), 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 8
CLASSIFICATIONS, WAGES AND HOURS
8.1 Wages and hours for the various classifications shall be as set forth in Appendix
"A ", attached to this Memorandum and by this reference made a part hereof.
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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" shall be eligible for
consideration for merit pay increases as follows:
8.3.1 To the 7th 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.
8.3.3 To the 9 step of the salary schedule after completion of 520 hours worked
in the 8 step.
8.3.4 To the 10 step of the salary schedule after completion of 1,040 hours
worked in the 9 step.
8.3.5 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.
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8.4 Employees working in a classification listed in Appendix "A" shall be paid the
applicable hourly rate for all hours worked with a four (4) hour guaranteed
minimum per event. Said work period is not restricted to any specific hours, but
shall be required by ANAHEIM for each event. Any pay for more than the
minimum shall be compensated in fifteen (15) minute increments.
8.4.1 In the event an employee is called in for meetings and /or training, the
guarantee shall be two (2) hours.
8.4.2 For the events where the four (4) hour minimum rates are applicable for
Crowd Control employees, they shall be paid for such four (4) hour
minimum rate for each separate event, which they work in any day.
8.4.3 In case of cancellation of an event, and if ANAHEIM does not give
reasonable notice, either personally or through public communications,
ANAHEIM shall pay to Crowd Control employees two (2) hours pay if the
employee reports for work; and four (4) hours pay if the gates are open.
ARTICLE 9
PREMIUM PAY
9.1 Employees working in classifications listed in Appendix "A" shall be paid at a rate
of one and one -half times their regular hourly rate for all hours in excess of eight
(8) for a single event or forty (40) in any one work week.
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9.2 If lead workers are used by ANAHEIM in any of the classifications listed in
Appendix "A ", they shall receive an additional one dollar ($1.00) per hour.
9.3 At such times as ANAHEIM determines that it is in the best interest of the City to
assign supervisory responsibility over lead workers receiving the additional one
dollar ($1.00) per hour as provided for above, ANAHEIM and the UNION agree that
such supervisory employees shall receive one dollar ($1.00) per hour more than
the lead workers supervised.
9.4 An employee working in a classification listed in Appendix "A" on New Year's Day,
Martin Luther King Jr.'s birthday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day shall receive pay at a rate of one and one -
half times their regular hourly rate.
9.5 An employee who works any of the six (6) hours between 11:00 p.m. and 5:00
a.m. shall be eligible to receive Convention Center graveyard differential pay of
twenty -five cents (.254) per hour for each of those hours worked.
9.6 All employees utilized as trainers shall receive one dollar ($1.00) per hour over
their base rate for hours worked in such capacity. Employees classified as a Lead
shall be exempt from this provision.
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9.7 All employees assigned as equipment monitor shall receive one dollar ($1.00) per
hour over their base rate for hours worked in such capacity. Employees classified
as a Lead shall be exempt from this provision.
ARTICLE 10
BILINGUAL PAY
10.1 The hourly rates listed in Appendix "A" shall be increased by fifty cents (.504) for
employees required to speak, read, and /or write in Spanish or other languages as
well as English as part of their 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 are 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.
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ARTICLE 11
HEALTH & WELFARE
11.1 ANAHEIM agrees to provide health benefits in accordance with the provisions of
Appendix "B" — HEALTH INSURANCE to regular part-time employees assigned in
accordance with ARTICLE 5.7.1.2 of this Memorandum of Understanding as long as
they remain employed and available to work up to 1,560 hours per year.
11.1.1 On or after July 1, 2013, but no later than October 1, 2013, the parties
agree to reopen on Article 11.1 "Health & Welfare" with the sole intent to
conform with any changes expressly mandated by the Federal Affordable
Healthcare Act.
11.2 ANAHEIM agrees to establish a deferred compensation plan in lieu of Social
Security for all employees working in classifications listed in Appendix "A" who are
1) not enrolled in PERS as the result of their employment with ANAHEIM, and 2)
not receiving a PERS annuity as the result of prior ANAHEIM service. Such Plan
shall be in accordance with Appendix "C" — DEFINED CONTRIBUTION
RETIREMENT PLAN attached to this Memorandum and by this reference made a
part hereof.
ARTICLE 12
VACATION BENEFIT
12.1 Employees working in classifications listed in Appendix "A ", who work eight
hundred (800) or more hours in any calendar year shall be paid four percent
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(4.00%) of their 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 for its employees in
classifications listed in Appendix "A ".
13.2 ANAHEIM shall maintain suitable dressing and break quarters for the use of the
employees covered herein. A committee shall be formed with representatives of
both ANAHEIM and the UNION to resolve the smoking /no smoking issue.
13.3 Management of the Convention Center shall to the extent possible, pre- determine
the number of parking spaces needed to take care of the public attending events
at their facilities. To the extent there are spaces available to permit employee
parking, spaces shall be made available to employees at no charge. ANAHEIM
agrees to make reasonable effort to identify additional employee parking.
13.4 Adequate restroom and locker room facilities shall be provided for all employees.
13.5 ANAHEIM shall provide flashlights to employees when ANAHEIM determines
flashlights are required in the performance of the employees' work.
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13.6 Upon request, the City of Anaheim shall provide rain gear to employees who are
required to work outdoors during inclement weather.
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" with a written performance evaluation at least once annually.
Employees shall be provided a copy of any written review of their performance;
shall have the right to respond in writing to their written performance appraisal;
and such responses shall be placed in the employee's personnel file.
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"
of this Agreement who have been continuously employed for a period of at least
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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"
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 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"
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.
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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
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION
16.1 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, or when there is a reasonable expectation of being called to duty. 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.
16.2 Employees taking drugs prescribed by an attending physician must advise their
direct supervisor, before beginning work, of possible side effects of such drugs
which could interfere with the safe and effective performance of duties or
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operation of equipment. Clearance from a qualified physician designated by the
City may be required if there is a question regarding an employee's ability to safely
and effectively perform assigned duties while using such drugs.
16.3 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.
16.3.1 The term "reasonably believed" as used in ARTICLE 16.3 above is a belief
based on objective facts and reasonable inferences drawn from those
effects in light of experience, sufficient to lead a reasonably prudent person
to suspect that an employee is under the influence of drugs or alcohol.
16.3.2 The term "under the influence" as used in ARTICLE 16.3 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.
16.4 Managers and supervisors may request and, if necessary subsequently 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 suspicion
that an employee is under the influence of illegal drugs or alcohol while at a work
location, while on the job or when reporting for duty. Employees shall authorize
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the City's medical provider and laboratory to take samples for screening and to
release the results of the screening to the City.
16.4.1 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.
16.5 The supervisor shall advise the employee that he or she has the right to contact a
Union representative. However, if a Union representative is not available within
thirty (30) minutes, the employee shall still be required to submit to the drug or
alcohol test without first consulting with a Union representative. The Union
representative shall not impede the City's right to require an employee to submit to
an alcohol or drug test.
16.6 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.)
16.6.1 A positive result from a drug and /or alcohol screening may result in
disciplinary action, up to and including dismissal.
22
16.6.2 If a drug screen is positive, the employee must provide, within twenty -four
(24) hours of request, bona fide verification of a valid current prescription
in the employee's name for the drug identified in the drug screen. If the
employee does not provide acceptable verification of a valid prescription, or
if the prescription is not in the employee's name, or if the employee has not
previously notified his or her supervisor pursuant to ARTICLE 16.2 above,
the employee may be subject to disciplinary action, up to and including
dismissal.
16.7 An employee who has had a positive result from a drug screening shall undergo a
return -to -duty drug and /or alcohol screening and will not be returned to duty
unless there is a verified negative result for controlled substances or an alcohol
concentration of less than 0.02.
16.8 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies and procedures shall be held strictly confidential.
16.8.1 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 56,
et seq.
16.8.2 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.
23
16.8.3 Disclosures, without patient consent, may also occur when: (1) the
information is compelled by law or by judicial or administrative process; (2)
the information has been placed at issue in a formal dispute between the
employer and the employee; (3) the information is to be used in
administering an employee benefit plan; or (4) the information is needed
by medical personnel for the diagnosis or treatment of a patient who is
unable to authorize disclosure.
ARTICLE 17
DISCIPLIN E
17.1 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.
17.1.1 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 giving rise to the decision to
discipline.
17.2 When in the judgment of the appropriate division head or other appropriate
manager, an employee's work performance or conduct justifies disciplinary action
24
short of demotion or dismissal; the employee may be 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.
17.3 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.
17.4 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:
17.4.1 Provide written notification to the employee of the proposed discipline at
least six (6) working days prior to the date the discipline is proposed to be
implemented. The notification shall include:
17.4.1.1 The discipline that is proposed.
25
17.4.1.2 The grounds for imposing disciplinary action.
17.4.1.3 The actions, omissions, or conduct of the employee upon
which the proposed discipline is based.
17.4.1.4 An invitation to respond either orally or in writing prior to the
proposed effective date of the discipline.
17.4.2 Provide copies of documents considered which support the proposed
discipline.
17.4.3 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.
17.4.4 ANAHEIM and the UNION recognize and understand that failure to comply
with ARTICLE 16.4 shall not invalidate a disciplinary action, but may result
in penalties upon ANAHEIM, as reflected in decisions of the California
appellate courts.
17.5 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 ?"
26
17.6 ANAHEIM shall remove all imposed written reprimands after the lapse of eighteen
(18) months from the date of such discipline, contingent upon the employee
receiving no subsequent discipline of same or similar nature during the specified
eighteen (18) month period.
17.6.1 If the employee receives subsequent discipline of same or similar
nature during the timeframe specified within Article 16.6, the written
reprimand shall remain part of the employee's record /personnel file.
17.6.2 Any discipline relating to harassment, discrimination, and verbal or
physical violence shall be excluded from Article 17.6.
ARTICLE 18
INVESTIGATIONS
18.1 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 19
GRIEVANCE PROCEDURE
19.1 Any grievance or dispute which may arise out of the application or interpretation of
the terms and conditions of this Memorandum as alleged by the UNION shall be
27
settled in accordance with the procedure set forth immediately herein below
except that any dispute regarding discipline imposed under the provisions of Article
16 of this Memorandum may be brought forward by either the UNION or the
affected employee on his or her own behalf. In the event the grievance or dispute
requires an expeditious resolution based on a pending event, the UNION, by
written notice to ANAHEIM, may request an immediate meeting with
representatives of ANAHEIM and upon receiving such written notice,
representatives of ANAHEIM shall be available to meet with representatives of the
UNION within forty -eight (48) hours after receipt of the written notice.
19.2 Any grievance or dispute as defined under ARTICLE 19.1 hereinabove shall be
reduced to written form by the changing party and be presented to the other
party's authorized representative within thirty (30) 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.
19.2.1 In the event that 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
28
an arbitrator shall be selected from a list of prospective arbitrators
submitted by the American Arbitration Association.
19.2.2 In regards to any grievance or dispute as defined under ARTICLE 19.1, no
grievance may be brought forward to an impartial arbitrator for a final and
binding decision unless specifically authorized in writing by the UNION.
19.3 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.
19.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION.
19.5 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.
ARTICLE 20
EMPLOYEE - EMPLOYER COMMITTEE
20.1 A committee shall be formed to discuss employee - employer problems. The
committee shall consist of one UNION representative, one employee from each
department, one management employee, and one Labor Relations representative
and shall meet quarterly, or more often as necessary. The UNION may have
29
present at such meetings other off -duty employees who can contribute to the
discussion taking place.
ARTICLE 21
WORK ASSIGNMENT
21.1 In the interest of maintaining an efficient of operations at the Anaheim Convention
Center and to facilitate the assignment of part-time employees in classifications
listed in Appendix "A" to the various events,, ANAHEIM and the UNION agree that
appropriate consideration shall be given to the following:
21.1.1 Work opportunities required to maintain an adequate, interested, trained,
available part-time work force.
21.1.2 Employee's record of performance, availability, and seniority (Convention
Center Department date of hire) in that order.
21.1.2.1 Notwithstanding the above, assignments of employees shall
not be made in a capricious or arbitrary manner.
21.1.3 Employees may be temporarily assigned to work in the management
classifications of Convention Center Head Usher, Assistant Box Office
Treasurer and Box Office Treasurer. Management employees may be
temporarily assigned to work in unit classifications in accordance with
ARTICLE 21 above.
30
21.2 On June 30 of every year, employees may submit a request for their preferred
shift (day, swing or graveyard) which will be considered in making assignments.
Management shall retain the discretion to assign employees to shifts consistent
with the best interest of the operations of the Convention Center and shall also
give consideration to employees' attendance and availability record during the
preceding year.
ARTICLE 22
REDUCTION IN FORCE
22.1 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.
22.1.1 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.
31
ARTICLE 23
REINSTATEMENT
23.1 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.
23.1.1 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.
23.1.2 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 24
PREVAILING RATES FOR SUBCONTRACTORS
24.1 In the event ANAHEIM decides to contract out to a private employer any of the
work of the classifications herein covered for public 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 the Memorandum for employees in
the specified classifications. This Article shall remain in effect through midnight
32
February 13, 1997, for employees in the specified classifications in Appendix "A"
Convention Center and Stadium Parking Lot.
ARTICLE 25
NO STRIKE
25.1 The UNION agrees that under the terms of this Memorandum, the UNION and /or
its members shall not conduct any strikes, slowdowns or other work stoppages
against ANAHEIM during the term of this Memorandum.
ARTICLE26
SAVINGS CLAUSE
26.1 The resolution of ANAHEIM shall provide that if any provisions of this
Memorandum or the Resolution is at any time, or in any way, held to be contrary
to any law by a court or 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.
33
ARTICLE 27
DUR ATION
27.1 The terms of this Memorandum are to remain in full force and effect until the 6th
day of January, 2016 except that either ANAHEIM or the UNION shall have the
right during the sixty (60) days preceding January 6, 2016, to give written notice
to the other of its desire to meet and confer with respect to the terms and
conditions of this Memorandum. If new terms and conditions cannot be agreed
upon by January 6, 2016, this Memorandum shall become null and void. 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 ANAHEIM SERVICE EMPLOYEES' INTERNATIONAL
a Municip• or. oration UN ON LOCAL 187
By: ALAA 21
B,: Ad if By:
AP
, /
By: _L / • rri By: f�G� „
• p
By: By:
By: By:
By: By:
By:
Dated:
34
APPENDIX "A" WAGES
SPECIAL PROVISIONS
A.1 ANAHEIM and UNION agree to continue discussions during the term of this
Agreement regarding premium pay for individuals assigned to clean restrooms
during events at the Convention Center. Any agreement reached will be reduced
to written form in a Letter of Understanding and submitted to the Anaheim City
Council for determination.
A.2 ANAHEIM and UNION agree to continue discussions during the term of this
Agreement regarding Usher assignments. Any agreement reached will be reduced
to written form in a Letter of Understanding and submitted to the Anaheim City
Council for determination.
A.3 Effective pay period beginning June 21, 2013, steps ten (10) and nine (9) shall
receive a two- percent (2 %) wage increase.
A.4 Effective pay period beginning June 20, 2014, all steps shall receive a two- percent
(2 %) wage increase.
A.5 Effective pay period beginning June 19, 2015, all steps shall receive a two- percent
(2 %) wage increase.
A.6 Incumbent employees employed on February 2, 1996, as Cleaner Set -up
Worker (30 hour) — Convention Center shall have received an additional twenty
cents ($.20) per hour upon appointment to thirty (30) hour status and an
additional twenty cents ($.20) per hour on each anniversary of the appointment to
thirty (30) hour status until such additional wages are one dollar ($1.00) above the
Cleaner Set -up Worker rate listed in Appendix "A" above. This is a closed group of
employees receiving additional wages and no employees employed after February
2, 1996, will be eligible to receive additional wages.
A.7 The classification and rates of "Janitor" above shall apply only to incumbent
employees employed on February 2, 1996. This is a closed classification and no
employees employed after February 2, 1996 will be hired in this classification.
A.8 Employees assigned as Fire Door Attendants shall be paid the Usher rate of pay.
A.9 Employees assigned to protect exhibitors' property shall receive the Tenant
Security Director rate of pay.
35
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APPENDIX "B"
HEALTH INSURANCE
B1. ANAHEIM agrees to allow eligible part-time employees working in classifications
represented by the UNION to enroll in the Anaheim sponsored Kaiser Foundation
Health Plan.
B2. The City agrees to pay a monthly premium not to exceed eighty -eight percent
(88 %) of monthly premium, to maintain coverage in the single party Kaiser Plan
for eligible employees enrolled in the plan prior to September 29, 2000. All
additional premiums shall be the responsibility of the eligible employee.
B3. For employees who enroll in the Kaiser plan after September 29, 2000, the City's
maximum contribution towards an employee's purchase of the Kaiser plan shall be:
First two (2) years of coverage, fifty percent (50 %) of the single party rate;
More than two (2) years of coverage, seventy -five (75 %) of the single party rate;
All additional premiums shall be the responsibility of the eligible employee.
B4. Employees become eligible for coverage on the first day of the month following
one (1) complete calendar month after appointment to regular part-time status in
accordance with ARTICLE 5.7.1.2.
B5. 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 SEIU Bargaining Unit. This Article shall not survive the
term of this agreement.
APPENDIX "C"
DEFINED CONTRIBUTION RETIREMENT PLAN
C1. 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 in the
Convention Center Unit of Representation.
C2. ANAHEIM and the UNION agree that mandatory participation is required by all
employees in ARTICLE 5.7.1.1 Event Part-Time Employees.
C3. ANAHEIM and the UNION agree that employees in ARTICLE 5.7.1.2 (Regular Part-
Time Employees) are not eligible to participate in the mandatory 457 program.
C4. ANAHEIM and the UNION agree that the employee contribution to the plan will be
seven and one -half percent (7.5 %) of bi- weekly gross pay.
C5. ANAHEIM and the UNION agree that Anaheim shall select a single financial
institution as the depository for the Convention Center Part-Time Employees
Retirement Account, and that all contributions to this mandatory program will be
separately accounted for.
C6. ANAHEIM and the UNION agree that employees will be fully vested in the benefit
(at the time of initial contributions).
C7. ANAHEIM agrees that it will develop and adopt such amendments to the 457 plan
as are necessary to ensure compliance with Internal Revenue Service regulations
and rulings at such time as they are issued.
C8. Either ANAHEIM or the UNION may, at its sole discretion, terminate this APPENDIX
"C" agreement upon ninety (90) days notice to the other party. The parties
acknowledge 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.
APPENDIX "D"
DEFINED PENSION PLAN
D.1 Pursuant to the California Public Employees' Pension Reform Act of 2013, new
employees, working in the classifications set forth in Appendix "A," hired on or
after January 1, 2013, shall be enrolled in the Public Employees' Retirement
defined benefit plan of Two Percent at 62 (2% @ 62) with a final compensation
measurement period of the average of three (3) consecutive years and the
employee paying at least fifty percent (50 %) or normal costs, rounded to the
nearest quarter of one percent (1 %).
D2. ANAHEIM and UNION agree that any provisions of Appendix D.1, 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 Memorandum of
Understanding (MOU), as amended herein, and incorporated with this MOU.