RES-2013-088RESOLUTION NO 2013- 088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING
A MEMORANDUM OF UNDERSTANDING ESTABLISHING
TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS
ASSIGNED TO THE PART TIME CUSTOMER SERVICE EMPLOYEES REPRESENTED BY
THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer -
employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of Understanding to
be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on June 13, 2013 between the International
Brotherhood of Electrical Workers, Local 47, and the City of Anaheim in the best interest of the
City of Anaheim.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that
the Memorandum of Understanding between the International Brotherhood of Electrical
Workers, Local 47, and the City of Anaheim executed by the City Management Representative
and the International Brotherhood of Electrical Workers, Local 47, on June 13, 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 3, 2013 through January 2, 2014.
BE IT FURTHER RESOLVED that Resolution No. 2009 -145 is hereby repealed effective
January 3, 2013.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 18 day of June, 2013 by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None " / -- Zw a
MAY 6R OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANA IM
F AOT6088CS. DOC
MEMORANDUM OF UNDERSTANDING
between the
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS,
LOCAL 47
representing the
ANAHEIM PART -TIME CUSTOMER
SERVICE EMPLOYEES
and the
CITY OF ANAHEIM
January 3, 2013 through January 2, 2014
TABLE OF CONTENTS
PAGE
ARTICLE 1
PREAMBLE
1
ARTICLE 2
UNION RECOGNITION
1
ARTICLE 3
UNION ORGANZATION
1
ARTICLE 4
EMPLOYEE RIGHTS
3
ARTICLE 5
MANAGEMENT RIGHTS
3
ARTICLE 6
NOTIFICATION
3
ARTICLE 7
CONSULTATION
4
ARTICLE 8
MEET AND CONFER
4
ARTICLE 9
CHECK -OFF
5
COMPENSATION & PAY PROVISIONS
ARTICLE 10
COMPENSATION
5
ARTICLE 11
HOURS OF WORK AND PAY DAY
6
ARTICLE 12
PREMIUM PAY
7
ARTICLE 13
BILINGUAL PAY
7
ARTICLE 14
VACATION BENEFIT
8
EMPLOYMENT PROVISIONS
ARTICLE 15
GENERAL
8
ARTICLE 16
APPOINTMENTS & PROMOTIONS
9
ARTICLE 17
ELIGIBILITY LISTS
9
ARTICLE 18
PROBATION
10
ARTICLE 19
DISCIPLINE
10
ARTICLE 20
LAYOFF AND REINSTATEMENT
11
LEAVE PROVISIONS
ARTICLE 21
LEAVE
12
ARTICLE 22
MILITARY LEAVE
13
MISCELLANEOUS
ARTICLE 23
METER READER RULES
13
ARTICLE 24
TRAVEL AND MILEAGE EXPENSE
13
ARTICLE 25
FITNESS FOR DUTY
13
ARTICLE 26
GRIEVANCE PROCEDURE
13
ARTICLE 27
HEALTH INSURANCE
14
ARTICLE 28
PHYSICAL EXAMINATIONS
15
ARTICLE 29
CONSTRUCTION
15
ARTICLE 30
SAVINGS CLAUSE
16
ARTICLE 31
NO STRIKE
16
ARTICLE 32
AGENCY SHOP
16
ARTICLE 33
DURATION
18
APPENDIX "A" WAGES 19
APPENDIX "B" SPECIAL PROVISIONS 20
ARTICLE 1
PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum have been discussed and jointly proposed by and between the
staff officials of the City of Anaheim (hereinafter called "ANAHEIM ") and the
International Brotherhood of Electrical Workers, Local 47, AFL -CIO (hereinafter
called "UNION ") representing the Anaheim Part-Time Customer Service
Employees bargaining unit working in the classifications set forth in Appendix "A.
1.2 The terms and conditions of employment that are set forth in this Memorandum
have been discussed in good faith between the staff officials of ANAHEIM and
the UNION. The UNION agrees to recommend acceptance by its members of all
of the terms and conditions of employment as set forth herein. The staff officials
of ANAHEIM agree to recommend to the Anaheim City Council that all of the
terms and conditions of employment as set forth be incorporated in full in a
resolution of the City Council. Upon adoption of such a resolution, all the terms
and conditions of this Memorandum so incorporated shall become effective
without any further action by either party.
ARTICLE 2
UNION RECOGNITION
2.1 ANAHEIM hereby recognizes the UNION as the bargaining representative for all
its members to the fullest extent allowable under California law applying to public
employees.
ARTICLE 3
UNION REORGANIZATION
3.1 The UNION representatives are those elected or appointed in accordance with
the constitution and bylaws of the UNION. ANAHEIM recognizes the UNION's
right to appoint shop stewards.
3.1.1 UNION shall in writing notify the Anaheim City Management
Representative of the names and job titles of its officers, shop stewards
and other representatives each time an election is held or new
appointments are made.
3.1.2 An employee elected or appointed as an officer or shop steward of the
UNION shall be required to work as scheduled in their respective job
class and shall not interrupt the work of other employees.
3.2 UNION officers and representatives (subject to the provisions of ARTICLE 2 —
UNION RECOGNITION shall be permitted to visit employee work locations for
the purpose of observing working conditions, however, such visits shall not
interrupt the work of such employees, nor interfere with the normal operations of
the department or with established safety requirements.
3.2.1 UNION officers and representatives shall not enter any work location
without the knowledge of the department head, division head or other
appropriate manager or supervisor.
3.2.2 Solicitation of membership and all activities concerned with the internal
management of the UNION, such as collecting dues, holding membership
meetings, preparing petitions or grievance material, preparing proposals,
campaigning for office, conducting elections and distributing literature,
etc., shall not be conducted during working hours.
3.3 In the event that UNION is formally meeting and conferring with representatives
of ANAHEIM on matters within the scope of representation during regular
ANAHEIM business hours, up to three (3) officers, shop stewards or other
representatives of UNION shall be paid their regular hourly rate of pay when they
are attending the meet and confer sessions for any hours for which they were
scheduled to work.
3.3.1 Such meetings are subject to scheduling in a manner consistent with
operating needs and work schedules. Work schedules will not be
modified to ensure nor to avoid payment to part-time employees attending
meet and confer sessions.
3.3.2 Officers, shop stewards and representatives of UNION shall not leave
their duty or workstation or assignment without the knowledge of the
department head, division head or other appropriate manager or
supervisor.
3.3.3 ANAHEIM will pay employees who are released from work for UNION
business at UNION expense and will bill the UNION at the employee's
regular rate of pay. ANAHEIM and UNION will jointly and severally be
responsible for Workers' Compensation and General Liability when such
employees are off work for UNION business at UNION expense.
3.4 ANAHEIM shall furnish portions of non - electric bulletin boards at mutually
agreeable, specific locations for the purpose of posting notices pertaining to
UNION business, and shall determine what reasonable portion of bulletin boards
are to be allocated to UNION.
3.4.1 All posted materials must be dated and must identify the UNION. If
UNION does not abide by these provisions it will forfeit its right to have
materials posted on ANAHEIM's bulletin boards.
3.5 ANAHEIM shall allow UNION to conduct meetings in ANAHEIM facilities. Such
meetings shall be scheduled in accordance with regulations governing use of
public meeting rooms at ANAHEIM facilities.
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ARTICLE 4
EMPLOYEE RIGHTS
4.1 Employees shall have all rights granted to public employees under California law.
Employees shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation
on all matters of employer - employee relations. Employees also have the right to
refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employment relations
with ANAHEIM. No employee shall be interfered with, intimidated, restrained,
coerced, or discriminated against by ANAHEIM or by any employee organization
because of his /her exercise of these rights.
ARTICLE 5
MANAGEMENT RIGHTS
5.1 Management retains all of its powers and authority to direct, manage and control
to the full extent of the law. The rights of management include, but are not
limited to, the exclusive right to consider the merits, necessity or organization of
any service or activity provided by law or administrative order; determine the
mission of its constituent departments, commissions and boards; set standards
of service and performance; determine the procedures and standards of
selection for employment, training and promotion; direct its employees; establish
work schedules and work assignments; evaluate employee performance; take
disciplinary action; relieve its employees from duty because of lack of work or for
other legitimate reasons; maintain the efficiency of ANAHEIM's operations;
determine the methods, means and personnel by which ANAHEIM's operations
are to be conducted; classify and reclassify positions; determine the content of
job classifications; contract out work and transfer work into or out of the unit; take
all necessary action to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of
performing its work.
5.2 The exercise of the foregoing powers, rights, authority, duties and responsibilities
by management; the adoption of policies, rules, regulations and practices in
furtherance thereof; and the use of judgment and discretion in connection
therewith, shall be limited only by the law and by the specific and express terms
of this agreement, and then only to the extent such specific and express terms
are in conformance with the law.
ARTICLE 6
NOTIFICATION
6.1 Reasonable written notice shall be given by the Anaheim City Management
Representative to the UNION affected, of any proposed ordinance, resolution,
rule or regulation directly relating to matters within the scope of representation to
be presented to the Anaheim City Council for determination; and the UNION shall
be given the opportunity to meet with the Anaheim City Management
3
Representative prior to submission to the Anaheim City Council for
determination.
6.2 In cases of emergency when the Anaheim City Council determines that an
ordinance, resolution, rule or regulation must be adopted immediately, without
prior notice or meeting with the UNION, the Anaheim City Management
Representative shall provide such notice at the earliest practicable time following
adoption of such ordinance, resolution, rule or regulation.
ARTICLE 7
CONSULTATION
7.1 The Anaheim City Management Representative, after consultation in good faith
with representatives of the UNION, may recommend adoption of reasonable
rules and regulations for the administration of employer - employee relations. The
Anaheim City Management Representative shall consult in good faith with
representatives of the UNION on employer - employee relations matters which
affect them, including those that are not subject to meeting and conferring.
ARTICLE 8
MEET AND CONFER
8.1 The Anaheim City Management Representative and representatives of UNION
shall have the mutual obligation personally to meet and confer in order to
exchange freely information, opinions and proposals and to endeavor to reach
agreement on matters within the scope of representation. Nothing herein
precludes the use of any impasse procedure authorized by law whenever an
agreement is not reached during the meeting and conferring process and the use
of such impasse procedure is mutually agreed upon by the Anaheim City
Management Representative and the UNION.
8.1.1 When the meeting and conferring process results in agreement between
the Anaheim City Management Representative and the UNION such
agreement shall be incorporated in a written Memorandum of
Understanding and shall be signed by the Anaheim City Management
Representative and UNION representatives. The matters incorporated in
the Memorandum shall be presented for determination to the Anaheim
City Council or its statutory representative.
8.2 The Anaheim City Management Representative shall not be required to meet and
confer in good faith on any subject pre - empted by Federal or State Law by the
Anaheim City Charter. The Anaheim City Management Representative shall not
be required to meet and confer on Management Rights or Employee Rights as
herein defined.
8.3 Proposed amendments to this ARTICLE are excluded from the scope of meeting
and conferring.
n
ARTICLE 9
CHECK -OFF
9.1 ANAHEIM agrees to Check -Off for the payment of the regular monthly UNION
dues and the regular UNION initiation fee, and to deduct such payments from the
wages of all UNION members and employees when authorized to do so by said
members and employees, and remit such payments to the UNION in accordance
with the terms of signed authorizations of such members and employees. The
deduction of such dues and initiation fees, the remittal of same by ANAHEIM to
the UNION, shall constitute payment of said dues and initiation fees by such
members and employees of the UNION.
ARTICLE 10
COMPENSATION
10.1 Wages for the various classifications shall be set forth in Appendix "A" attached
to this Memorandum and by this reference made a part hereof. The Anaheim
City Management Representative will not recommend any revision or
modifications to this Memorandum without first consulting on such
recommendations with the UNION.
10.1.1 The Parties acknowledge that ANAHEIM intends to base future
negotiating strategies upon the principle of differential adjustments and
the UNION will maintain its position of across - the - board, non - differential
bargaining.
10.2 Newly hired employees shall normally be compensated at the lowest step of the
salary schedule of the job class for which they were hired. ANAHEIM may hire at
a higher step in the salary schedule through the 6 th step without approval of the
City Manager.
10.3 Part-Time Employees in job classes listed in Appendix "A" shall be eligible for
consideration for merit pay increases as follows:
• To the 4 th
step of the salary schedule after completion of 1,040 work hours in
the 3` step.
• To the 5 th
step of the salary schedule after completion of 1,040 hours in the
4 th step.
• To the 6 th
step of the salary schedule after completion of 1,040 hours in the
5 th step.
• To the 7 th
step of the salary schedule after completion of 1,040 hours in the
6 th step.
• To the 8 th
step of the salary schedule after completion of 1,040 hours in the
7 th step.
• To the 9 th
step of the salary schedule after completion of 1,040 hours in the
8 th step.
10.4 A part -time employee who is promoted or reclassified with their position to a
higher part-time job class shall be placed in the step of the higher salary
l:
schedule that will provide a pay increase of not less than four percent (4 %),
except:
10.4.1 If the 91h step of the higher salary schedule provides a pay increase of
less than four percent (4 %), the employee shall go to the 9 step.
10.4.2 When the lowest step of the higher salary schedule is greater than four
percent (4 %), the employee shall go to the lowest step of the higher
salary schedule.
10.5 An incumbent employee reclassified with their position to a lower job class shall
be placed in the step of the lower salary schedule closest to the employee's rate
of pay without providing an increase.
10.6 When more than one (1) personnel action involving changes in a part-time
employee's salary step status become effective on the same day, all such
changes shall be in accordance with the provisions of the preceding sections of
this ARTICLE, and shall take place in the following order of precedence:
(1) Adjustment to the same salary step in a newly authorized salary schedule.
(2) Merit pay advancement or reduction in salary step.
(3) Promotion, demotion or reclassification.
ARTICLE 11
HOURS OF WORK AND PAY DAY
11.1 Employees shall be scheduled to work as needed and to cover peak periods and
absences of other employees. Hours are irregular and based on need and may
be full days or partial days. There shall be no minimum number of hours
guaranteed.
11.2 Regular salaries and compensation of all employees shall be paid on a biweekly
basis.
11.3 ANAHEIM has determined a need to set forth criteria for defining groups of
employees engaged in limited employment who are covered by this
Memorandum of Understanding between the parties. Accordingly, the following
categories are hereby established.
11.3.1 Part-Time Employees:
This category is limited to employees hired to work an average of less
than twenty (20) hours per week on an ongoing basis (maximum hours
permitted by California Public Employees' Retirement Law for exclusion
from Public Employees' Retirement System membership in any fiscal
year).
11.3.2 Part-Time — 30 Hour Employees:
This category is limited to those employees who on a yearly average work
more than the maximum hours permitted by California Public Employees'
Retirement Law for exclusion from Public Employees' Retirement System
membership but less than thirty (30) hours per week on an ongoing basis
(maximum 1,560 hours) in any fiscal year.
11.3.3 The number of positions in each category shall vary in accordance with
ANAHEIM's requirements and shall be established by ANAHEIM.
Assignment of personnel to these positions and between these positions
shall be made by ANAHEIM.
ARTICLE 12
PREMIUM PAY
12.1 Employees working in classifications listed in Appendix "A" who perform
authorized work in excess of forty (40) hours in a regular work week shall be
compensated for such overtime work at the rate of one and one -half (1 %2) times
the employee's regular hourly rate of pay.
12.1.1 Overtime shall be calculated to the nearest one - quarter (1/4) hour of
overtime worked.
12.1.2 All overtime must be authorized in advance by the appropriate
Administrative Manager.
12.1.3 Notwithstanding the above overtime provisions, there shall be no
overtime pay for the time spent, outside scheduled work hours, in
attending meetings of any kind which are for the purpose of education or
training, unless required by ANAHEIM to attend such training.
ARTICLE 13
BILINGUAL PAY
13.1 Employees required to speak, read and /or write in Spanish or other languages as
well as English as part of the regular duties of their position will be compensated
at the rate of sixty (60) cents per hour in addition to their regular pay.
13.2 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual pay.
13.3 The Human Resources Director shall conduct a test of competency for
employees who have been assigned bilingual duties to certify these employees
eligible for bilingual pay, except that operating departments with authorized
bilingual certifiers may conduct their own test of bilingual competency and notify
the Human Resources Director of the outcome of the test.
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13.4 The effective date of bilingual pay certification shall be the first day of the pay
period following notification to the Human Resources Director of the passing of
the bilingual test by the employee as provided in Section 13.3 above. Employees
may be required to undergo a test of continued competency, upon request of the
operating department.
ARTICLE 14
VACATION BENEFIT
14.1 Effective January 2000, employees who worked one thousand eighty (1,080)
hours or more in calendar year 1999 will be given a lump sum payment of one
percent (1 %) of their gross earnings (calendar year defined as the period for
which wages earned are reported for tax purposes). The lump sum payment
shall be made during the first pay period following approval of the Memorandum
of Understanding by the City Council.
14.1.1 Effective January 2001, employees who work eleven hundred (1,100)
hours or more in the previous calendar year will be given a lump sum
payment of two percent (2 %) of their gross earnings.
14.1.2 Effective January 2002, employees who work eleven hundred (1,100)
hours or more in the previous calendar year will be given a lump sum
payment of three percent (3 %) of their gross earnings.
ARTICLE 15
GENERAL
15.1 It is hereby the declared personnel policy of ANAHEIM that:
15.1.1 Tenure of employees shall be subject to good behavior, satisfactory work
performance, necessity for the performance of work, and the availability
of funds;
15.1.2 Employment shall be based on merit and fitness, free of personal and
political considerations;
15.1.3 Appointments, promotions and other actions requiring the application of
the merit principle shall be based on systematic tests and /or evaluations;
15.1.4 Positions having similar duties and responsibilities shall be classified and
compensated on a uniform basis.
15.2 Job Flyers regarding classifications represented by UNION shall be sent to
UNION during recruitment periods. UNION shall refer such skilled and
experienced personnel to ANAHEIM for necessary testing.
15.3 ANAHEIM shall be the sole judge of the testing, qualification and acceptance
procedures of all applicants for employment and promotion and ANAHEIM
retains the right to reject any applicant for employment; PROVIDED, HOWEVER,
0
that testing and /or rejection shall not be done to discriminate for or against an
applicant because of union or non -union membership or for any other criteria as
defined in California Government Code Section 12940, et seq., except where
such criteria is a bona fide occupational qualification.
ARTICLE 16
APPOINTMENTS AND PROMOTIONS
16.1 Appointments and promotions shall be based on merit and fitness to be
ascertained so far as practicable by competitive examinations. Examinations
shall be used and conducted to aid in the selection of qualified employees and
shall consist of recognized selection techniques that in the opinion of the Human
Resources Director will test fairly the qualifications of candidates.
16.1.1 Notwithstanding the above, vacant full -time positions in the classified
service which would otherwise be filled by open recruitment may be filled
by appointing part-time employees currently employed in classifications
listed in Appendix "A" for which there are full -time equivalent
classifications.
16.2 Appropriate consideration shall be given to promotional candidates'
qualifications, record of work performance and seniority, in that order.
16.3 Candidates who qualify for part-time employment or promotion shall be placed on
an eligibility list for the appropriate part-time job class. Advancement to a higher
paid job class shall constitute a promotion.
ARTICLE 17
ELIGIBILITY LISTS
17.1 Eligibility lists shall be created in accordance with provisions of ARTICLE 16 —
APPOINTMENTS AND PROMOTIONS
17.2 Eligibility lists may contain the names of one or more persons eligible for
employment and shall remain in effect for a period of one (1) year or until
depleted. Lists containing less than three (3) names may be considered
depleted.
17.2.1 Non - depleted lists may be extended by the Human Resources Director
for a period not to exceed one (1) additional year.
17.2.2 The appropriate Executive Manager, with the concurrence of the Human
Resources Director, may order names removed from an eligibility list for
good and sufficient reasons, and the employee so removed shall be given
written notice.
�1
ARTICLE 18
PROBATION
18.1 Employees working in classifications listed in Appendix "A" shall serve a
probationary period of twenty -six (26) complete biweekly pay periods or until
1,040 hours are worked, whichever is sooner. Upon successful completion of a
probationary period, an employee shall be considered to have part-time regular
status in the classification in which the probationary period is served.
18.1.1 In the event an employee is assigned to light duty or is absent form work
due to a lengthy illness or injury during the probationary period, said
employee's probationary status may be extended beyond the regular
period of probation in the amount of one (1) complete biweekly pay period
for each complete biweekly pay period assigned to light duty or lost to
illness or injury.
18.2 The work and conduct of probationary employees shall be subject to close
scrutiny. An employee shall be retained beyond the end of the probationary
period only if the appropriate Executive Manager affirms that the work and
conduct of the employee have been found to be satisfactory. If the work and
conduct of probationary employees is found to be below standards to the Public
Utilities Department, the appropriate Executive Manager may reject the
probationer at any time during the probationary period. Such rejections shall not
be subject to review or appeal unless such rejection is alleged to be contrary to
the provisions of any State or Federal law, or the Personnel Ordinance and /or the
Personnel Resolution, and then such review /appeal will be limited to that which is
required by law, ordinance or resolution.
18.2.1 Employees serving a probationary period as the result of a promotion or
transfer may be returned to their former position if they are rejected or laid
off during the probationary period. If not returned to their former
positions, they shall be separated from employment with ANAHEIM.
ARTICLE 19
DISCIPLINE
19.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. Any employee may be reduced in salary,
suspended, demoted, or dismissed for good and sufficient cause.
19.2 When in the judgment of the appropriate department head, division head or other
appropriate manager, an employee's work performance or conduct justifies
disciplinary action short of demotion or dismissal, the employee may be reduced
in salary or suspended without pay. Upon taking such action a written
notification containing a statement of the substantial reasons for the action shall
be filed with the employee and the Human Resources Director. No employee
shall be suspended for more than thirty (30) calendar days at any one time.
19.3 An employee may be demoted or dismissed upon recommendation of a division
head or other appropriate supervisor whenever in the judgment of the
10
appropriate department head, the employee's work or misconduct so warrants.
Upon taking such action, the department head shall file with the employee and
the Human Resources Director a written notification containing a statement of the
substantial reasons for the action and the effective date of the action.
ARTICLE 20
LAYOFF AND REINSTATEMENT
20.1 Layoff for lack of work, lack of funds, or other legitimate business reasons shall
be on the basis of record of work performance and department seniority, in that
order.
20.1.1 Employees who are laid off and who terminate employment in good
standing may seek reinstatement in accordance with the following
provisions:
20.1.1.1 At the time of layoff, an employee may complete and
submit to the Human Resources Department an interest
card for the classification from which the employee was
laid off. The employee shall be responsible for submitting
a new interest card to the Human Resources Department
in the event of a change of address.
20.1.1.2 The interest card will be retained for one (1) calendar year
from the date of layoff. Prior to any recruitment being
conducted, the interest card on file will be mailed to the
employee. An employee who responds within the
indicated deadline may be considered for reinstatement
without going through the formal recruitment process.
20.1.1.3 If more than one (1) employee responds, selection for
reinstatement will normally be determined on the basis of
record of work performance and department seniority, in
that order.
20.2 A part-time employee who terminates employment in good standing may be
reinstated to a part-time position in the employee's former job class within three
(3) years of the employee's termination date without going through the
competitive processes.
20.2.1 A part-time employee who is reinstated after thirty (30) calendar days
shall be considered to have broken service.
20.2.2 If the employee is reinstated within thirty (30) calendar days, the
employee shall be considered as having continuous service and shall
therefore retain eligibility for any benefits provided under this Agreement.
The employee shall be placed in his /her former salary step and shall be
credited with prior step hours worked for purposes of merit pay increases.
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20.3 A part-time employee may be reinstated under the provisions of the City's
Vocational Rehabilitation Administrative Regulation to any part-time position for
which the City has budgeted work hours, provided the employee meets the
minimum qualifications.
ARTICLE 21
LEAVE
21.1 Regular and predictable attendance is an expectation of employment.
Employees shall be granted leave for the following reasons:
21.1.1 At the time a death occurs of an immediate or other family member, in
order to make burial arrangements and /or to attend funeral or memorial
services.
21.1.2 In the event an employee is duly summoned to any court for the purpose
of performing jury duty, provided the employee submits documentation
from the court for such duty performed.
21.1.3 Whenever an employee is duly summoned to appear as a witness in a
legal proceeding provided the employee provides documentation of such
summons.
21.1.4 Enforced quarantine of the employee in accordance with community
health regulations.
21.1.5 Temporary disabilities caused by pregnancy and childbirth.
21.1.6 Summons to military duty provided the employee documentation of such
summons.
21.1.7 Illness of the employee or a member of the employee's immediate family,
or physical incapacity of the employee due to illness or injury. Employees
may be required to submit proof of such illness and /or incapacity.
21.2 Employees may be granted leave for reasons other than those listed in Section
21.1 above. Such leaves shall be scheduled and taken in accordance with the
best interests of ANAHEIM and the department or division in which the employee
is employed.
21.3 Employees on leave as defined in Sections 21.1 and 21.2 above shall receive no
compensation while on such leave, except that employees summoned to military
duty shall be compensated in accordance with provisions of the Military and
Veterans Code of the State of California and with Federal law.
21.4 An employee returning to work from leave shall be placed in the same salary
step the employee was in prior to such leave.
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ARTICLE 22
MILITARY LEAVE
22.1 Anaheim's policy relating to Military Leave and compensation therefore shall be
in accordance with the provisions of the Military and Veterans Code of the State
of California, and with Federal law.
ARTICLE 23
METER READER RULES
23.1 An employee working in the classification of part-time meter reader shall receive
one (1) hour of regular pay for each one (1.0) unit of meter book value
completed. 1.0 unit = 54 minutes. If an employee exceeds forty (40) units in a
workweek, the employee shall receive overtime pay in accordance with ARTICLE
12 — PREMIUM PAY
ARTICLE 24
TRAVEL AND MILEAGE EXPENSE
24.1 Travel expense allowance for employees while on City business shall be
provided in accordance with regulations established by the Anaheim City
Manager and /or the Anaheim City Council.
24.2 ANAHEIM's mileage reimbursement rates will be the standard mileage rate
established by the Internal Revenue Service. Any increase or decrease shall be
effective the first day of the second month after the date of publication by the
Internal Revenue Service.
ARTICLE 25
FITNESS FOR DUTY
25.1 ANAHEIM and UNION are committed to maintenance of a safe workplace.
Employees are individually responsible and accountable for their personal fitness
for duty and shall not report to duty while "unfit" to safely perform assigned
duties.
ARTICLE 26
GRIEVANCE PROCEDURE
26.1 Any grievance or dispute which may arise out of the application or interpretation
of the terms or conditions of this agreement, as alleged by the UNION, shall be
considered to be a matter subject to review through the grievance procedure and
shall be settled in accordance with the procedure set forth immediately herein
below, except a dispute by an applicant regarding employment.
26.2 Before filing a formal written grievance, the employee shall attempt to resolve it
by an informal conference with his or her immediate supervisor. Such discussion
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will occur as soon as possible, but in no event later than ten (10) calendar days
after the occurrence of the act or omission giving rise to the grievance.
26.3 If not resolved in the informal process, the grievance or dispute as defined in
Section 26.1 above shall be reduced to written form by the UNION and be
presented to the Public Utilities Department's authorized representative within
twenty (20) calendar days of the date of the alleged occurrence or dispute.
Thereafter, a representative of ANAHEIM, selected by the latter, shall meet
within ten (10) calendar days of the receipt of the written grievance with an
authorized agent of the UNION, selected by the UNION, in an attempt to resolve
the dispute. The Public Utilities Department's representative shall deliver his or
her decision within ten (10) calendar days after said meeting.
26.4 In the event that the parties cannot resolve the dispute to the parties' satisfaction
(i.e., ANAHEIM and /or UNION), the dispute shall, upon the request of either party
be referred within thirty (30) calendar days to an impartial arbitrator for a final and
binding decision. In the event the parties are unable to agree upon the selection
of such impartial arbitrator within ten (10) calendar days, upon request of either
party, an arbitrator shall be selected from a list of prospective arbitrators
submitted by the American Arbitration Association, or any other mutually agreed
upon provider.
26.4.1 ANAHEIM and UNION agree to stipulate to the following submission
language when a dismissal is submitted to an impartial arbitrator: "Was
(name of employee) dismissed for good and sufficient cause? If not, what
shall the remedy be ?"
26.4.2 An arbitrator's decision shall be final and binding on both parties, it being
agreed that said arbitrator shall have no powers to add to or subtract from
the provisions herein, and that the laws of the State of California shall be
controlling at all times.
26.4.3 All expenses of any arbitration shall be borne equally by ANAHEIM and
the UNION.
26.5 The parties may mutually agree to submit any grievance or dispute covered
under the provisions of this ARTICLE to non - binding mediation, prior to
submission to arbitration.
ARTICLE 27
HEALTH INSURANCE
27.1 Employees working in a classification listed in Appendix "A" shall be provided
health insurance, through the Kaiser HMO plan offered to full -time employees, as
long as they remain employed and are available to work. Employees shall
become eligible for coverage on the first day of the month following completion of
twenty -six (26) complete biweekly pay periods or until one thousand forty (1,040)
hours are worked in a classification listed in Appendix "A ", whichever is sooner.
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27.2 ANAHEIM's maximum contribution towards an employee's purchase of the
Kaiser plan (employee only) is as follows:
0 -2 years of employment 50%
More than 2 years of employment 75%
ARTICLE 28
PHYSICAL EXAMINATIONS
28.1 In order to be eligible for employment with ANAHEIM, candidates shall be
required to pass a physical examination, the character of which shall be in
accordance with standards established by the Human Resources Director.
28.2 In order to be eligible for promotion or transfer to a job class in a category
requiring greater physical qualification than the employee's present job class, the
employee must pass the appropriate physical examination.
28.3 An employee who returns to work after an absence in excess of eight (8)
calendar days due to illness or physical incapacity may be required by the
appropriate executive manager, with the concurrence of the Human Resources
Director to undergo a physical examination.
28.3.1 Except as otherwise provided by law, an employee who fails to pass said
required physical examination may be transferred or demoted to a
position requiring lesser physical qualifications, or separated from City
service. Employees enrolled in the Public Employees' Retirement
System may also be recommended for disability retirement.
28.4 All physical examinations required under the provisions of this Article shall be
performed by a physician in active practice licensed by California State Law and
within the scope of his /her practice as defined by California State Law.
28.4.1 Exceptions to the provisions of Section 28.4 above may be made only in
the case of out -of -state candidates for employment. In such cases, the
physician performing the examination may be a physician licensed by the
state in which the candidate resides.
28.5 ANAHEIM shall pay for any physical examination required under the provisions
of this ARTICLE.
ARTICLE 29
CONSTRUCTION
29.1 Nothing in this Memorandum shall be construed to deny any person or employee
the rights granted by Federal and State laws and City Charter provisions. The
rights, powers and authority of the Anaheim City Council in all matters, including
the right to maintain any legal action, shall not be modified or restricted by this
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Memorandum. The provisions of this Memorandum are not intended to conflict
with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of
the State of California (Sections 3500, et seq.).
ARTICLE 30
SAVINGS CLAUSE
30.1 The resolution of ANAHEIM shall provide that if any provision of this
Memorandum or the resolution is at anytime, or in any way, held to be contrary to
any law by any court of proper jurisdiction, the remainder of this Memorandum
and the remainder of the resolution shall not be affected thereby, and shall
remain in full force and effect.
ARTICLE 31
NO STRIKE
31.1 It is agreed and understood that under the terms of this Memorandum, the
UNION and /or its members shall not conduct any strikes, including sympathy
strikes, slowdowns, or work stoppages; nor shall there be any refusal or failure to
fully and faithfully perform job functions and responsibilities, by the UNION or by
its officers, stewards, agents or unit members during the term of this Agreement.
31.2 UNION recognizes the duties and obligations of its representatives to comply
with the provisions of this Agreement and to make every effort toward inducing
employees to do so. In the event of a strike, work stoppage, or slowdown by
employees who are represented by the UNION, the UNION agrees in good faith
to take all necessary steps to cease such employee action.
31.3 Any employee violating this ARTICLE may be subject to disciplinary action up to
and including dismissal. It is understood that in the event this ARTICLE is
violated, that ANAHEIM may pursue any and all legal remedies available to it
against any employee, if the employee violates the terms of this Agreement,
and /or the UNION, if the UNION violates this agreement.
ARTICLE 32
AGENCY SHOP
32.1 Agency shop as used in this herein means an organizational security agreement
as defined in Government Code Section 3502.5.
32.2 Each employee hired on or after September 15, 2009 shall be required as a
condition of employment, within forty -five (45) days of his or her appointment
date, to become a member of the UNION and maintain his or her membership in
accordance with the Constitution and bylaws, or pay an agency service fee set
by UNION in an amount not to exceed the amount of the monthly dues and per
capita fees required of BA members in their base wage rate, and in accordance
with the requirements of Government Code Section 3502.5 and applicable law.
The charitable organizations exempt from taxation under 501(c)(3) of the Internal
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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.
32.3 Any employee of Anaheim employed in a classification listed in Appendix "A" on
September 14, 2009 who is not a member of UNION is exempt from the
provisions of this ARTICLE, unless and until such employee later voluntarily
becomes a member of the UNION or elects to pay the agency service fee. Any
employee who would otherwise be exempt from the provisions of this ARTICLE
who voluntarily becomes a member of the UNION or elects to pay the agency
service fee shall lose his or her exemption, and shall be required, as a condition
of employment, to maintain his or her UNION membership, or pay the agency
service fee set by UNION.
32.4 UNION shall comply with applicable law regarding disclosure and allocation of its
expenses, notice to employees of their right to object, provision for agency fee
payers to challenge the UNION's determinations of the amounts chargeable, and
appropriate escrow provisions to hold contested amounts while the challenges
are underway.
32.5 ANAHEIM shall upon receipt of notice from the UNION process a mandatory
agency fee payroll deduction in the appropriate amount and forward that amount
to UNION.
32.6 UNION agrees to fully indemnify and defend ANAHEIM and its officers,
employees and agents against any and all claims, proceedings and liability
arising, directly or indirectly out of any action taken or not taken by or on behalf of
ANAHEIM under this ARTICLE.
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ARTICLE 33
DURATION
33.1 The terms of this Memorandum are to remain in full force and effect until the 2nd
day of January, 2014. Upon adoption of a resolution approving this
Memorandum and the terms hereof by the City Council, this Memorandum shall
be in full force and effect.
STAFF OFFICIALS of the CITY OF ANAHEIM,
a Municipal Corporation
By
By
By:
By:
By:
By:
INTERNATIONAL BROTHERHOOD of
ELECTRICAL WORKERS, LOCAL 47
representing the Anaheim Part-Time
Customer Service Employees
By:
By:
By:
By:
By:
By:
By:
By:
By:
Dated:
ft]
APPENDIX "A"
WAGES
January 3, 2013 through January 2, 2014
Classification
Part-Time Public Utilities Customer
Service Representative
Part -Time Public Utilities Customer
Service Representative II
Part-Time Public Utilities Customer
Service Representative III
Part-Time Meter Reader
Schedule /Steps Hourly Rates
20574-9 $16.91 - $20.57
24204-9 $19.89 - $24.20
2541 4-9 $20.89 - $25.41
24303-9 $19.20 - $24.30
Part-Time Utilities Service
Representative
2721 4-9 $22.36 - $27.21
iiLel
APPENDIX "B"
SPECIAL PROVISIONS
B.1 On or after July 1, 2013, but no later than October 1, 2013, the parties agree to
reopen on Article 27 "Health Insurance" with the sole intent to conform with any
changes expressly mandated by the Federal Affordable Healthcare Act.
B.2 IBEW 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 7522.20(a)), with a final compensation period of
three (3) consecutive years (Government Code 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 20516.
B.3 IBEW and ANAHEIM agree that any provision of Section B.2 above, as amended
herein, that are contrary to or inconsistent with the lawful provisions of the
California Public Employees' Pension Reform Act of 2013 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
the Memorandum of Understanding.
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