RES-2014-173 RESOLUTION NO. 2014- 17�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING
ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE
TEAMSTERS, LOCAL 952
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the
employer-employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires Memorandum of
Understanding to be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on September 26, 2014 between the
Teamsters, Local 952, 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 Teamsters, Local 952
and the City of Anaheim executed by the City Management Representative and the
Teamsters, Local 952, on September 26, 2014, 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 2, 2014
through January 2, 2017.
BE IT FURTHER RESOLVED that Resolution No. 2012-135 is hereby repealed
effective January 2, 2014.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 7 day of October, 2014 by the following roll call vote:
AYES: MaYor Tait, Council Members Eastman, Murray, Branclman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
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�
MAYOR OF THE CITY OF ANAHEIM
ATTE :
CITY CLERK OF THE CITY OF ANAHEIM
MEMORANDUM OF UNDERSTANDING
between the
TEAMSTERS, LOCAL 952
and the
CITY OF ANAH EIM
January 2, 2014 through January 1, 2017
TABLE OF CONTENTS
ARTICLE - PREAMBLE ..............................................................................1
ARTICLE 2 - UNION RECOGNITION .............................................................1
ARTICLE 3- HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE
CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT ......................1
ARTICLE 4 - CHECK-OFF .............................................................................4
ARTICLE 5 - ADMINISTRATION ...................................................................5
ARTICLE 6 - DISCUSSION ...........................................................................6
ARTICLE 7 - AGENCY SHOP ........................................................................6
ARTICLE 8- CLASSIFICATIONS, WAGES AND HOURS ..................................7
ARTICLE 9 - PREMIUM PAY .........................................................................9
ARTICLE 10 - BILINGUAL PAY .....................................................................9
ARTICLE 11 - HEALTH & WELFARE ............................................................10
ARTICLE 12 - VACATION BENEFIT ............................................................11
ARTICLE 13 - WORKING CONDTTIONS ......................................................11
ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES ................................12
ARTICLE 15 - MILITARY LEAVE .................................................................13
ARTICLE 16 - WORK ASSIGNMENT ............................................................13
ARTICLE 17 - REDUCTION IN FORCE ........................................................14
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_ _ _ _ _ _ _ �._ ____
ARTICLE 18 - REINSTATEMENT ................................................................14
ARTICLE 19 - INVESTIGATIONS ................................................................15
ARTICLE 20 - DISCIPLINE .........................................................................15
ARTICLE 21 - GRIEVANCE PROCEDURE .....................................................17
ARTICLE 22 - DRUG AND ALCOHOL TESTING ............................................18
BASED ON REASONABLE SUSPICION ........................................................18
ARTICLE 23 - PREVAILING RATES FOR SUBCONTRACTORS ........................21
ARTICLE 24 - NO STRIKE .........................................................................21
ARTICLE 25 - SAVINGS CLAUSE ................................................................21
ARTICLE - DURATION ..........................................................................22
APPENDIX��A�� ....................................................................................................23
APPENDIX "A-1" Wages ............................................................................24
Parking Lot Employees ..........................................................................24
SecurityGuards ....................................................................................26
LET"TERS OF UNDERSTANDING
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ARTICLE 1 - PREAMBLE
1.1 The wages, hours, and conditions of empioyment that are set forth in this
Memorandum (hereinafter called "MOU'� have been discussed and jointly
proposed by and between the stafF officials of the City of Anaheim
(hereinafter called ��ANAHEIM'� and the Teamsters, Local 952, afFiliated with
International Brotherhood of Teamsters (hereinafter called '�UNION'� and shall
apply to all the employees of ANAHEIM working in the classifications set forth
in Appendix "A-1" and Appendix "A-2" in the Convention, Sports and
Entertainment Department.
1.2 The terms and conditions of ernpfoyment that are set forth in this MOU 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
MOU shall become effective without further action by either party.
ARTICLE 2 - UNION RECOGNITION
2.1 ANAHEIM hereby recognizes UNION as the collective bargaining
representative for all its members and as the collective bargaining agency
concerning the wages, hours, and working conditions of employees working in
the Convention, Sports and Entertainment Department in the classifications
that are set forth in Appendix "A-1" and Appendix "A-2", to the fullest extent
allowable under California law applying to public employees. As public
employees, such employees shall have the right to discuss individual problems
of employment with ANAHEIM, provided that upon the request of the
employee the UNION shall be kept fully informed and have the right to be
present at all meetings between ANAHEIM and the individual.
ARTICLE 3- HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE
CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT
3.1 Job bulletins regarding classifications represented by the UNION shall be sent
to the UNION during recruitment periods.
3.2 ANAHEIM shall be the sole judge of the testing, qualification, and acceptance
procedures of alf applicants for employment and promotion and ANAHEIM
retains the right to reject any applicant for employment; provided, however,
that no test or qualification procedure utilized by ANAHEIM or refusal to
accept for employment shall be done to discriminate for or against an
applicant because of union or non-union membership or, subject to those
exceptions and/or limitations set forth in the California Fair Employment and
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Housing Act and/or Title VII of the federal statues, because of race, color,
creed, national origin, religious or political a�liation or belief, ancestry, sexual
orientation, physical disability, mental disability, medical condition, marital
status, gender, sexual orientation, or age, unless based upon a bona fide
occupational qualification or applicable security regulations established by the
United States or the State of California or where the employee because of
his/her mental or physical disability or medical condition is unable to perform
the essentiai duties even with reasonable accommodation or in a manner that
would not endanger his/her health or safety or the health or safety of others
even with reasonable accommodation.
3.3 ANAHEIM agrees that no more than once each quarter to provide the UNION
upon request, a list of all persons hired for events at the Convention, Sports
and Entertainment Department.
3.4 Employees working in classifications listed in Appendix '�A-1" or Appendix "A-
2" shall serve a probationary period of one (1) year. 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.
3.4.1 In the event an employee is assigned to light duty or is absent from
work due to a lengthy illness or injury during the probationary period,
said employee's probationary status may be extended beyond the
regular period of probation in the amount of one (1) complete
biweekly pay period for each complete biweekly pay period assigned
to light duty or lost to illness or injury.
3.5 The work and conduct of probationary employees shall be subject to close
scrutiny. An employee shall be retained beyond the end of the probationary
period only if the appropriate Executive Manager affirms that the work and
conduct of the employee have been found to be satisfactory. If the work and
conduct of a probationary employee is found to be below standards to the
Department, the appropriate Executive Manager may reject the probationer at
any time during the probationary period. Such rejections shall not be subject
to review or appeal uniess such rejection is alleged to be contrary to the
provisions of any state or federal law, the Personnel Ordinance and/or the
Personnel Resolution, and then such review/appeal will be limited to that
which is required by law, ordinance, or resolution.
3.6 ANAHEIM will make every reasonable effort to return an employee rejected or
laid off during the probationary period to the classification in which he/she
had regular status, unless the reasons for his/her failure to complete the
probationary period would be cause for dismissal. If not returned to his/her
former classification the employee shall be separated from employment with
ANAHEIM.
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3.7 ANAHEIM has determined that the size and operation of the Convention,
Sports and Entertainment Department has developed to the point that there is
a need to set forth criteria for defining groups of employees engaged in
limited employment who are covered by the MOU between the parties.
Accordingly, the following categories are hereby established.
3.7.1 Categories
3.7.1.1 Event Part-Time Employees — this category is limited to
employees hired to work an average of less than twenty (20)
hours per week on an ongoing basis in any fiscal year.
3.7.1.2 Regular Part-Time Employees — this category is limited to
those employees who work up to thirty (30) hours per week
on an ongoing basis (maximum 1560 hours in any fiscal
year).
3.7.2 The number of positions in each category will vary in accordance with
ANAHEIM's requirements and will be established by ANAHEIM.
3.7.3 Assignment of personnel to these positions and between these
positions will be made by ANAHEIM. When ANAHEIM determines that
it is in its best interest to make assignments to a Regular Part-Time
position from within, Convention, Sports and Entertainment
management shall:
3.7.3.1 Post a notice of its intent to make an assignment to a regular
part-time position, and the position's required availability, for
a period of at least fourteen (14) consecutive days.
3.7.3.2 Select the employee to be assigned from those individuals
who request consideration during the posting period. Unless
otherwise indicated on the notice, assignments shall be made
on the basis of the employee's availability, record of
performance, and seniority, in that order.
3.7.4 Employees working in limited employment categories set forth in
ARTICLE 3.7.1.1 are not entitled to any of ANAHEIM's benefit plans
except as set forth in ARTTCLE 12 and Appendix "B" of the MOU,
provided, however, that employees assigned to ARTICLE 3.7.1.2 will
be enrolled in the Public Employees Retirement System (hereinafter
called '�PERS'� covering miscellaneous employees of ANAHEIM.
3.7.5 Employees hired or assigned to positions defined in ARTICLE 3.7.1.2
shall pay 4.75% of the statutorily required 8% employee contribution
to the retirement system. Such contributions shall be designated as
"employer pick up" contributions under the provisions of Section 414
(h)(2) of the Internal Revenue Code.
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3.7.6 Effective the pay period beginning January l, 2016, employees hired
or assigned to positions defined in ARTICLE 3.7.1.2 (Appendix `�A-1"
and "A-2'� shall pay eight percent (8%) of the statutorily required 8%
employee contribution to the retirement system. Such contributions
shall be designated as "employer pick-up" contributions under the
provisions of Section 414(h)(2) of the Internal Revenue Code.
3.7.7 EfFective the pay period beginning July 1, 2016, employees hired or
assigned to positions defined in ARTICLE 3.7.1.2 (Appendix "A-1" and
"A-2'� shall pay eight percent (8%) of the statutorily required 8%
employee contribution to the retirement system, plus an additional
four percent (4%). Such contributions shall be designated as
"employer pick-up" contributions under the provisions of Section
414(h)(2) of the Internal Revenue Code.
3.7.8 UNION and ANAHEIM agree that ANAHEIM will amend the PERS
Miscellaneous Plan for Anaheim City, Employee Number 0303, to
institute a revised defined benefit retirement plan for covered
employees hired on or after January 1, 2013. The revised defined
retirement plan shall consist of the 2.0%@62 defined formula
(Government Code section 7.522.20(a)), with a final compensation
period of three (3) consecutive years (Government Code section
20037) and the employee paying any amount necessary to cause the
employee to pay fifty percent (50%) of the normal costs attributable
to the applicable retirement formula, as provided in Government Code
Sections 7522.30 and 20526.
3.7.9 UNION and ANAHEIM agree that any provisions of ARTICLE 3.7.8 of
the MOU 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
and incorporated with this MOU.
3.7.10 Effective the pay period beginning July 1, 2016, employees
mandatorily enrolled in ANAHEIM's deferred compensation plan (457)
shall contribute seven and one-half percent (7 �/z%) of his/her
compensation earned.
ARTICLE 4 - CHECK-OFF
4.1 ANAHEIM agrees to a check-ofF for the payment of the regular monthly
UNION dues and the regular UNION initiation fee, and to deduct such
payments from the wages of all UNION members when authorized to do so by
said members, and remit such payments to the UNION in accordance with the
terms of signed authorizations of such members. The deduction of such dues
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and initiation fees by ANAHEIM and the remittal of same by ANAHEIM to the
UNION shall constitute payment of said dues and initiation fees by such
members of the UNION.
4.2 This check-off procedure shall apply only to those members of the UNION
whose names shall have been furnished to ANAHEIM by the UNION and who
have not arranged to apply their monthly dues and regular initiation fee
personally to the UNION.
4.3 When employee orientations are held for employees, the UNION shall be
notified one (1) week in advance, or as soon as practical, and shall be
permitted to make a presentation on Union representation prior to the
scheduled starting time and/or following the conclusion of the orientation
meeting.
ARTICLE 5 - ADMINISTRATION
5.1 Union representatives shall be permitted to visit the operations covered herein
for the purpose of observing conditions under which employees are working,
provided such visit(s) shall not interrupt the work of employees.
5.2 ANAHEIM recognizes the employees' and the UNION's right to elect or appoint
shop stewards. The UNION agrees to notify ANAHEIM, in writing, as to such
shop stewards' identities and of subsequent elections or appointments, if any.
The parties agree that employees elected or appointed as shop stewards for
and by the UNION shall, nevertheless, be required to and shall work all
regular work in their respective classifications.
5.3 In the event that UNION is formally meeting and conferring with
representatives of ANAHEIM on matters within the scope of representation
during regular Anaheim business hours, a reasonable number of officers, shop
stewards or other representatives of UNION shall be paid their regular hourly
rate of pay when they are attending the meet and confer sessions for any
hours for which they were otherwise scheduled to work.
5.4 ANAHEIM shall furnish bulletin board space at a mutually agreeable, specific
location for the purpose of posting notices pertaining to UNION business.
5.5 ANAHEIM and UNION acknowledge their mutual interest in the success of the
Anaheim Convention, Sports and Entertainment Department
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
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_ _ ._.
spent outside of scheduled work hours researching LMC issues or otherwise
conducting LMC-related business shall be voluntary and unpaid.
ARTICLE 6 - DISCUSSION
6.1 It is the intent of both parties to maintain an open line of communication for
the betterment of employer-employee relations. Any issue not pertaining to
grievances or grievable issues may be discussed by the UNION or ANAHEIM
at either party's request.
6.2 A party requesting a discussion may orally or in writing notify the other party
of the subject to be discussed. Thereafter, a meeting shall be promptly
arranged, at which meeting not more than two (2) UNION members and the
business manager or business representative of the UNION may be present.
6.3 If the parties are not able to resolve the issues after three (3) meetings, the
issues will be considered dropped, unless both parties agree to meet
additional times.
6.4 If the discussion process results in an agreement between the City
Management Representative and UNION to amend this MOU, such agreement
shall be incorporated in a written letter of understanding, signed by the City
Management Representative and UNION representatives. The matters
incorporated in the Letter of Understanding shall be presented to the City
Council, or its statutory representative, for determination.
ARTICLE 7 - AGENCY SHOP
7.1 Agency shop as used in this herein means an organizational security
agreement as defined in Government Code section 3502.5.
7.2 Each employee hired on or after August 14, 2009 shall be required, within
forty five (45) days of his/her appointment date, to become a member of the
UNION in good standing, or to pay an agency service fee set by UNION in
accordance with the requirements of Government Code section 3502.5 and
applicable law. The charitable organizations exempt from taxation under
501(c)(3) of the Internal Revenue Code to which an employee qualifying for
an exemption on religious grounds may contribute in lieu of agency service
fees shall be the American Cancer Society, the American Heart Association,
and the American Lung Association.
7.2.1 ANAHEIM shall provide dues check-off deduction forms to employees
when first hired. UNION shall be responsible for obtaining employee
signatures and submitting deduction authorization cards to ANAHEIM's
Payroll Manager.
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7.3 UNION shall comply with applicable law regarding disclosure and allocation of
its expenses, notice to employees of their right to object, provision for agency
fee payers to challenge UNION's determinations of the amounts chargeable
and appropriate escrow provisions to hold contested amounts while the
challenges are underway.
7.4 ANAHEIM shall upon receipt of notice from the UNION process a mandatory
agency fee payroll deduction in the appropriate amount and forward that
amount to UNION.
7.5 UNION agrees to fully indemnify and defend ANAHEIM and its o�cers,
employees, and agents against any and all ctaims, proceedings, and liability
arising, directly or indirectly out of any action taken or not taken by or on
behalf of ANAHEIM under this ARTICLE.
ARTICLE 8- CLASSIFICATIONS, WAGES AND HOURS
8.1 Wages and hours of work for the various classifications shall be as set forth in
Appendix "A-1" and Appendix "A-2" to this MOU and by this reference made
a part hereof.
8.2 Newly hired employees shall be compensated at the lowest step of the salary
schedule of the job class for which they were hired.
8.3 Employees in job classifications listed in Appendix "A-1" shall be eligible for
consideration for merit pay increases as follows:
8.3.1 To the seventh step of the salary schedule after completion of two
hundred-sixty (260) hours worked in the sixth step.
8.3.2 To the eighth step of the salary schedule after completion of two
hundred-sixty (260) hours worked in the seventh step.
8.3.3 To the ninth step of the salary schedule after completion of five
hundred-twenty (520) hours worked in the eighth step.
8.3.4 To the tenth step of the salary schedule after completion of one
thousand-forly (1,040) hours worked in the ninth 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.
8.3.6 Effective the pay period beginning January 2, 2015, ANAHEIM shall
provide a tenth step to the pay scale for job classifications listed in
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Appendix "A-1". The tenth step shall be twenty cents (.20) higher
than step 9.
8.3.7 Effective the pay period beginning July 1, 2016, ANAHEIM shall delete
steps six (6), seven (7), and eight (8) of the pay scale for job
classifications listed in Appendix "A-1".
8.3.7.1 Effective the pay period beginning July 1, 2016, employees in
steps six (6), seven (7), and eight (8) of the pay scale for job
classification listed in Appendix "A-1" shall be moved to step nine (9).
8.4 Employees in classifications listed in Appendix "A-1" shall be eligible for
consideration for a performance bonus of twenty cents ($.20) per hour for
each hour worked as follows:
8.4.1 Upon completion of one thousand forty (1,040) consecutive hours
worked in the ninth step of the salary schedule; and
8.4.2 Performance ratings of "Satisfactory" or better on the two (2) most
recent performance evaluations.
8.4.3 The performance bonus may be revoked by the employee's
department manager for good and sufficient cause. Upon taking such
action, the department manager shall provide written notification to
the empioyee containing a statement of the substantial reasons for the
revocation. An employee who has had the performance bonus
revoked may re-establish eligibility for consideration for the bonus in
accordance with ARTICLES 8.4.1 and 8.4.2 above.
8.4.4 For the purpose of 8.4.3 above, the term "good and sufficient cause"
shall be understood to include, but not be limited to, violations of
Anaheim Convention, Sports and Entertainment Department
attendance policies, employee misconduct resulting in discipline of a
written reprimand or greater, or two (2) consecutive performance
ratings of less than "Satisfactory".
8.4.5 The performance bonus shall be effective the following pay period the
employee becomes eligible to receive such bonus. In the event
ANAHEIM fails to provide such bonus as specified above, ANAHEIM
agrees to provide the performance bonus retroactive contingent upon
the employee sustaining eligibility specified under this ARTICLE.
8.4.6 Effective the pay period beginning January 2, 2015, ARTICLES 8.4
through 8.4.5 shall no longer be applicable.
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8.5 The hourly rate shall be on a four (4) hour guarantee except when called in
for meetings and training when the guarantee shall be two (2) hours. For
time worked in excess of the guarantee, employees shall be paid straight time
based on the applicable hourly rates to be computed in quarter (�/a) hour
units.
8.6 Employees in job classifications listed in Appendix "A-2" shall be eligible for
consideration for merit pay increases as follows:
8.6.1 To the ninth step of the salary schedule after compfetion of one
thousand-forty (1,040) hours worked in the eighth step.
ARTICLE 9 - PREMIUM PAY
9.1 For time worked in excess of eight (8) hours per day or forty (40) hours in
one (1) week, employees shall be paid time and one-half (1 �/z) based on the
applicable hourly rates to be computed in quarter (�/a) hour units.
9.2 In case of rain out or cancellation of an event, and if ANAHEIM does not give
reasonable notice, either personally or through public communications,
ANAHEIM will pay to hourly employees two (2) hours pay if the employee
reports to work.
9.3 On New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and Martin Luther King, Jr.'s birthday,
employees working in the above classifications shall receive time and one-half
(1 �/z) for all hours worked.
9.4 An employee who works any of the six (6) hours between 11:00 p.m. and
5:00 a.m. shall receive graveyard differential pay at twenty five cents ($.25)
per hour for each of those hours worked.
ARTICLE 10 - BILINGUAL PAY
10.1 The hourly rates listed in Appendix "A-1" or Appendix "A-2" shall be increased
by sixty cents ($.60) for employees required to speak in Spanish or other
languages (including sign language), as well as English, as part of the regular
duties of their position.
10.2 Effective the pay period beginning July 3, 2015, the hourly rates listed in
Appendix "A-1" or Appendix "A-2" shall be increased by seventy cents ($.70)
for employees required to speak in Spanish or other languages (including sign
language), as well as English, as part of the regular duties of their position.
10.3 The hourly rates listed in Appendix "A-1" or Appendix "A-2" shall be increased
by eighty cents ($.80) for employees required to speak, read, and/or write in
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Spanish or other languages (including sign language), as well as English, as
part of the regular duties of their position.
10.4 Effective the pay period beginning July 3, 2015, the hourly rates listed in
Appendix "A-1" or Appendix "A-2" shall be increased by ninety cents ($.90) for
employees required to speak, read, and/or write in Spanish or other
languages (including sign language), as well as English, as part of the regular
duties of their position.
10.5 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual
pay.
10.6 The Human Resources Director shall conduct a test of competency for
employees who have been assigned bilingual duties to certify these
employees eligible for bilingual pay, except that operating departments with
authorized bilingual certifiers may conduct their own test of bilingual
competency and notify the Human Resources Director of the outcome of the
test.
10.7 The efFective date of bilingual certification shall be the first day of the pay
period following noti�cation to the Human Resources Director of the passing
of the bilingual test by the employee as provided above. Employees may be
required to undergo a test of continued competency, upon request of the
operating department.
ARTICLE li - HEALTH & WELFARE
11.1 Employees who work up to thirty (30) hours per week on an ongoing basis
per ARTICLE 3.7.1.2 or who are eligible pursuant to the Affordable Care Act
(ACA) shall be provided health insurance, through a Kaiser HMO Plan, as long
as they remain employed and available to work.
11.2 Employees eligible for health insurance pursuant to ARTICLE 11.1 shall be
eligible for the Kaiser HMO Plan 2(full-time equivalent) after two (2) years of
employment.
11.3 ANAHEIM's maximum contribution towards an employee's purchase of the
Kaiser HMO Plans (employee only) is as follows:
Kaiser HMO Plan 1 The flat-dollar amount equivalent to 75%
of the HMO Plan 2 premium
Kaiser HMO Plan 2(full-time equivalent) 75%
11.4 At the request of the UNION, the parties may reopen at any time during the
term of the MOU to discuss alternatives to existing healthcare options,
including but not limited to, the feasibility of implementing the UNION's
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Health & Welfare Plan for employees in the Teamsters 8argaining Unit. This
term shall terminate on December 31, 2016 and shall not survive the term of
this Agreement.
11.5 At any time during the term of this MOU, the parties agree to reopen ARTICLE
11 — HEALTH & WELFARE, for the sole purpose of conforming with any
changes expressly mandated by the ACA.
ARTICLE 12 - VACATION BENEFIT
12.1 An employee working in classifications listed in Appendix "A-1" or Appendix
"A-2" who works eight hundred (800) or more hours in any calendar year
shall be paid four percent (4%) of his/her gross earnings as vacation benefits
upon separation or during the first pay period of the next calendar year. The
calendar year shalt be defined as the period for which wages earned are
reported for tax purposes.
ARTICLE 13 - WORKING CONDITIONS
13.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear
for its employees, without cost to the employees.
13.2 Employees may either wear their uniforms to and from work and clean and
maintain their uniforms themselves or change into and out of their uniforms
on the premises on their own time and leave the uniforms in a designated
area for cleaning and laundering by ANAHEIM. All employees must be in
uniforms that are clean, laundered, wrinkle free, and in keeping with the
professional standards of the Convention, Sports and Entertainment
Department at the start of their shift.
13.3 ANAHEIM shall maintain suitable dressing and break quarters for the use of
the employees covered herein.
13.4 Management of the Convention, Sports and Entertainment Department will, to
the e�ent possible, pre-determine the number of parking spaces needed to
take care of the public attending events. To the extent there are spaces
available to permit employee parking, spaces will be made available to
employees at no charge. ANAHEIM agrees to make reasonable effort to
identify additional employee parking.
13.5 Adequate restroom and locker room facilities shall be provided for alf
employees.
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13.6 The City will furnish and maintain safety equipment. As a continuing portion
of its Safety Program, ANAHEIM agrees to maintain an active City/Union
communication of any safety problems noted.
13.7 ANAHEIM and UNION agree that regular, formal and informal feedback from
supervisors to employees is critical to good job performance, and that
employees have the right to know how they are performing in relation to
established standards. ANAHEIM agrees to provide each employee in a
classification listed in Appendix "A-1" or Appendix "A-2" with a written
performance evaluation at teast once annually. Employees shall be provided a
copy of any written review of their performance, and shall have the right to
respond in writing to their written performance appraisal, such responses to
be placed in the employee personnel file. At the employee's request, a
written performance appraisal may be reviewed with higher levels of
management in the employee's chain of command.
ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES
14.1 ANAHEIM and UNION agree that availability is a condition of employment.
Event part-time employees shall be required to maintain an availability of
twenty (20) hours per week. Regular part-time employees shall be required
to maintain an availability of thirty (30) hours per week. An 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, Sports and Entertainment
Department.
14.2 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A-1" or Appendix "A-2" of this MOU who have been continuously
employed for a period of at least one (1) full year shall be eligible for up to
three {3) shifts of unpaid sick leave per year. Employees who fail to notify
the appropriate supervisor prior to the beginning of their scheduled work shift
of their inability to work due to illness or injury shall be considered to be
`�absent without leave."
14.3 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A-1" or Appendix "A-2" of this MOU 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, child,
grandchild, parent, grandparent, the parent 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.
12
14.4 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A-1" or Appendix "A-2" of this MOU 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, Sports and
Entertainment 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 ARTICLE 14.4
above.
14.6 Employees shall be granted unpaid leave whenever duly summoned to any
court for the purpose of performing jury duty, provided the employee submits
documentation from the court for such duty performed.
ARTICLE 15 - MILITARY LEAVE
15.1 Military Leave and compensation therefore shall be in accordance with the
provisions of the Military and Veterans Code of the State of California.
ARTICLE 16 - WORK ASSIGNMENT
16.1 In the interest of maintaining an efficient system of operations in the
Convention, Sports and Entertainment Department and to facilitate the
assignment of fluctuating numbers of part-time employees to the various
events, ANAHEIM and the UNION agree that appropriate consideration shall
be given to the following:
16.1.1 Work opportunities required to maintain an adequate, interested,
trained, and available part-time work force.
16.1.2 Work opportunities based upon employee availability, record of
performance, and seniority (in that order). ANAHEIM shall ensure
that assignment of employees pursuant to this ARTICLE shall be free
of any personal or political considerations, and shall not be made in
a capricious or arbitrary manner.
16.2 ANAHEIM and UNION agree that in order to improve communication and
understanding regarding the scheduling of employees in classifications listed
in Appendix "A-1", Parking Lot management and the UNION shall meet
periodically to review and address employee and UNION concerns regarding
the scheduling of Parking employees.
13
_ __ _ ______
15.3 ANAHEIM and UNION agree to meet periodically during the term of this MOU
to develop scheduling procedures for the event part-time and regular part-
time employees in classifications listed in Appendix "A-2" of this Agreement.
ANAHEIM and UNION agree that scheduling procedures developed under this
Section shall include, but not be limited to, the following considerations:
16.3.1 Limitations on changes to employee availability that will adversely
affect scheduling efficiency and effectiveness;
16.3.2 Procedures that will provide employees with a minimum
expectation of regularly scheduled hours based upon the
employee's stated availability;
16.3.3 Procedures that will ensure employees do not exceed the annual
limitations on work hours under the PERS for part-time event
employees, and City Administrative Regulations for part-time
regular employees; and
16.3.4 Procedures that provide sufFicient flexibility in scheduling to
Convention, Sports and Entertainment management to ensure
management's ability to provide peak staffing when necessary.
16.4 ANAHEIM and UNION agree that Convention, Sports and Entertainment
management shall post, in conjunction with regular bi-weekly pay cycles, the
hours worked by employees listed in Appendix "A-2". The posting shall reflect
cumulative hours worked by both fiscal and calendar year.
ARTICLE 17 - REDUCTION IN FORCE
17.1 ANAHEIM and UNION agree that ANAHEIM will notify UNION of a planned
reduction in work hours or layoffs which may affect employees represented by
the UNION at the same time or prior to notification of individual employees.
17.1.1 When such notice is provided, ANAHEIM and UNION agree to meet
and confer regarding the basis upon which work hours will be
reduced or employees will be taid 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.
ARTICLE 18 - REINSTATEMENT
14
18.1 An employee who terminates employment in good standing may be reinstated
to a vacant position in his/her former job class within three (3) years of
his/her termination date without re-qualifying for employment by competitive
process.
18.1.1 An employee reinstated within thirty (30) days of his/her
termination date sha{I 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 inerit pay increases.
18.1.2 An employee reinstated after thirty (30) days of his/her
termination date shall serve a new probationary period and shall
be considered to have broken service for the purpose of inerit pay
increases.
ARTICLE 19 - INVESTIGATIONS
19.1 ANAHEIM shall provide employees with written notice at least twenty-four
(24) hours in advance of an investigatory interview that may lead to
discipline. The notice to the employee shall include a general description of
the allegations to be investigated and their right to union representation
during the interview.
ARTICLE 20 - DISCIPLINE
20.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. An employee may be suspended, demoted, or
dismissed for good and sufficient cause.
20.1.1 Disciplinary determinations made in accordance with this ARTICLE
shall be governed by the general principals of progressive
discipline. In determining levels of discipline, appropriate
consideration shall be given to an employee's prior disciplinary
record and work performance, and shall be appropriate to the
incident or conduct(s) giving rise to the decision to disciptine.
20.2 When in the judgment of the appropriate division head or other appropriate
manager, an employee's work performance or conduct justifies disciplinary
action short of dismissal; the employee may be demoted or suspended
without pay. Upon taking such action a written notification containing a
statement of the substantial reasons for the action shall be filed with the
employee and the Human Resources Director. No employee shall be
suspended for more than thirty (30) calendar days at any one time.
15
20.3 An employee may be dismissed upon recommendation of a division head or
other appropriate supervisor whenever in the judgment of the appropriate
Department Head, the employee's work or misconduct so warrants. Upon
taking such action, the Department Head shall file with the employee and the
Human Resources Director a written notification containing a statement of the
substantial reasons for the action and the effective date of the action.
20.4 In the disciplinary process, ANAHEIM shall conform to the procedural due
process requirements of Skelly V. State Personnel Board. At such time as
Skelly due process is required, prior to the determination that discipline will be
imposed, the appropriate Department Head or Administrative Manager, at a
minimum shall:
20.4.1 Provide written notification to the employee of the proposed discipline
at least seven (7) working days prior to the date the discipline is
proposed to be implemented. The notification shall include:
20.4.1.1 The discipline that is proposed.
20.4.1.2 The grounds for imposing disciplinary action.
20.4.1.3 The actions, omissions, or conduct of the
employee upon which the proposed discipline is
based.
20.4.1.4 An invitation to respond either orally or in writing
prior to the proposed effective date of the
discipline.
20.4.2 Provide copies of documents considered which support the proposed
discipline.
20.4.3 Provide written notification of the final determination after
consideration of the employee's response or afiter the opportunity to
respond if the employee chooses not to respond.
20.4.4 ANAHEIM and the UNION recognize and understand that failure to
comply with ARTlCLE 20.4, shall not invalidate a disciplinary action,
but may result in penalties upon ANAHEIM, as reflected in decisions of
the California appellate courts.
20.55 ANAHEIM and UNION agree to stipulate to the following submission language
when discipline under this ARTICLE is submitted to an impartial arbitrator:
"Was (name of employee) �suspended, demoted, or dismissedJ for good and
su�cient cause? If not, what shall be the remedy?"
16
20.6 ANAHEIM shall remove all imposed written reprimands after the lapse of
eighteen (18) months from the date of such discipline, contingent upon the
employee receiving no subsequent discipline of same or similar nature during
the specified eighteen (18) month period.
20.6.1 If the employee receives subsequent discipline of same or similar
nature during the timeframe specified within ARTICLE 20.6, the
written reprimand shall remain part of the employee's
record/personnel file.
20.6.2 Any discipline relating to harassment, discrimination, and verbal or
physical violence shall be excluded from ARTICLE 20.6
ARTICLE 21 - GRIEVANCE PROCEDURE
21.1 Any grievance or dispute brought forward by the UNION, which may arise out
of the application or interpretation of the terms or conditions of this MOU,
shall be settled in accordance with the procedure set forth below.
21.2 In those instances where discipline is imposed other than salary step
reduction, suspension, demotion, or dismissal, UNION may submit a written
request for a review of the disciplinary action through an administrative
review procedure.
i. Administrative Review Procedure:
ii. The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days after receipt of notice
by the employee of the disciplinary action. The Department Head, or
Administrative Manager, under which the discipline was administered
shall conduct an administrative review within fourteen (14) calendar
days of submission of the written request.
The Department Head, or Administrative Manager, shall review the
disciplinary action and may affirm, reverse, or modify as deemed
appropriate the disciplinary action. The Department Head's, or
Administrative Manager, determination shall be delivered in writing
within fourteen (14) calendar days after the administrative review.
The Department Head's, or Administrative Manager, determination
shall be final and binding.
21.3 Employee grievances submitted by UNION to ANAHEIM shall be handfed in
the following manner:
17
21.3.1 Step I. An attempt shall be made to adjust all grievances on an
informal basis between the employee, his/her UNION representative, and a
supervisor in the employee's chain of command, up to and including his/her
manager, within seven (7) working days after the occurrences of the incident
involved in the grievance. The manager shall deliver his/her answer within
seven (7) working days after conducting the Step I meeting.
21.3.2 Step II. If the grievance is not adjusted to the satisfaction of
UNION in step I, it shall be submitted in writing to the employee's Department
or Administrative Manager within seven (7) working days after the Step I
answer is received by UNION. The Department Head or Administrative
Manager shall meet with the employee and his/her UNION representative
within ten (10) working days after submission of the grievance to him/her.
The Department Head or Administrative Manager shall review the grievance
and may affirm, reverse, or modify as deemed appropriate, the disposition
made at Step I and the Step II answer shall be delivered to UNION within
seven (7) working days after said meeting.
21.3.3 Step III. If UNION is not satisfied with the answer at the Step II,
it shall be submitted to an impartial arbitrator for a final and binding decision.
Such submission must occur within thirty (30) calendar days after the Step II
answer is received.
21.3.3.1 In the event the parties are unable to agree upon the
selection of such impartial arbitrator within ten (10)
calendar days, upon request by 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.
21.3.4 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 previous provisions herein, and that the laws of the State of California
shall be controlling at all times.
21.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the
UNION.
21.5 The parties may mutually agree to submit any grievance or dispute covered
under the provisions of this ARTICLE to non-binding mediation, prior to
submission to arbitration. This language is not intended to impede vr delay
the arbitration process.
ARTICLE 22 - DRUG AND ALCOHOL TESTING
BASED ON REASONABLE SUSPICION
18
22.1 It is critical to the public health and welfare and to employees' safety to
ensure a drug and alcohol free work environment. No empioyee shall report
to work while under the influence of drugs or alcohol or illegal drugs, nor shall
an employee possess, use, or consume alcohol or illegal drugs while on City
time or on City property. No employee shall report to work or remain on duty
while his/her ability to perForm job duties is impaired due to alcohol or drug
use, whether such use was on duty or off duty.
22.2 Employees taking drugs prescribed by an attending physician must advise
their direct supervisor, before beginning work, of possible side effects of such
drugs, if the physician or physician's assistant, nurse or pharmacist advises
the employee that it could interfere with the safe and effective performance
of duties or operation of equipment. Clearance from a qualified physician
designated by the City may be required if there is a question regarding an
employee's ability to safely and effectively perform assigned duties while
using such drugs.
22.3 Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall, for safety
purposes, be provided transportation from the work site as appropriate.
22.3.1 The term "reasonably believed" as used in ARTICLE 22.3 above is
a belief based on objective facts, sufficient to lead a reasonably
prudent person to suspect that an employee is under the influence
of drugs or alcohol.
22.3.2 The term "under the influence" as used in ARTICLE 22.1 above
means the employee's ability to perform the functions of the job is
impaired or that the employee's ability to perform his/her job
safely is reduced due to the consumption or use of drugs or
alcohol.
22.4 Managers and supervisors may order, upon concurrence of a second level of
supervisor, that an employee submit to a drug and/or alcohol screening when
a manager or supervisor has reasonable belief that an employee is under the
influence of illegal drugs and/or alcohol while at a work location, while on the
job, or when reporting for duty. Employees shall authorize the City's medical
provider and laboratory to take samples for screening and to release the
results of the screening to the City.
22.4.1 An employee who refuses an order to submit to a drug and/or
alcohol screening, or to authorize the taking of a sample, or to
authorize the release of the results of the screening to the City, or
engages in conduct that clearly obstructs the testing process shall
be subject to disciplinary action, up to and including dismissal.
19
22.5 All alcohol or controlled substances testing shall comply with the procedures
set forth in the Federal Motor Carrier Safety Regulations Title 49 —
Transportation, Chapter III — Federal Highway Administration Department of
Transportation, Part 40 (Procedures for Transportation Workpiace Drug and
Alcohol Testing Programs).
22.5.1 A positive result from a drug and/or alcohol screening may result
in disciplinary action, up to and including dismissal.
22.5.2 If a drug screen is positive, the employee must provide, within
twenty-four (24) hours of request, bona fide verification of a valid
prescription in the employee's name for the drug identified in the
drug screen. An employee may be subject to disciplinary action,
up to and including dismissal:
• If the employee does not provide acceptable verification of a
valid prescription; or
• If the prescription is not in the employee's name.
22.b An employee who has had a positive result from a drug screening shall
undergo a return-to-duty drug screening and will not be returned to duty
unless there is a verified negative result for controlled substances. An
employee who has had a positive result from an alcohol screening shall
undergo a return-to-duty alcohol screening and will not be returned to duty
unless there is a verified result of an alcohol concentration of less than 0.02.
22.7 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies, and procedures shall be held strictly confidential.
22.7.1 The drug and/or alcohol screening results will be retained with
medical examination results in a separate location in compliance
with the Confidentiality of Medical Information Act, California Civil
Code section 56, et seq.
22.7.2 The reports or test results may be disclosed to City Management
on a strictly need-to-know basis and to the tested employee upon
request.
22.7.3 Disclosures, without patient consent, may also occur when the
information:
{1) Is compelled by law or by judicial or administrative process;
(2) Has been placed at issue in a formal dispute between the
employer and the employee;
(3) Is to be used in administering an employee benefit plan; or
20
(4) Is needed by medical personnel for the diagnosis or treatment
of a patient who is unable to authorize disclosure.
ARTICLE 23 - PREVAILING RATES FOR SUBCONTRACTORS
23.1 In the event ANAHEIM decides to contract out to a private employer any of
the work of the classifications herein covered for events, it is agreed that such
contracting of said work shall be made by ANAHEIM only to contractors or
employers whose employees are paid the prevailing rates of pay and all other
applicable benefits which are provided for in this MOU for employees in the
specified classifications. This ARTICLE shall remain in efFect through midnight
September 30, 1996.
ARTICLE 24 - NO STRIKE
24.1 During the term of this MOU, the UNION agrees that neither the UNION or its
ofFicers, agents or members will directly or indirectly cause, sanction, permit,
support or engage in any strikes, slowdowns, walkouts, stoppages of work, or
other concerted interference with ANAHEIM's business or operations.
24.2 The UNION and its officers or officials shall take every reasonable, prompt,
and positive measure within their power to prevent and stop any unauthorized
strike, slowdown, walkout, or stoppage of work.
ARTICLE 25 - SAVINGS CLAUSE
25.1 The Resolution of ANAHEIM shall provide that if any provision of this MOU or
the Resolution is at any time, or in any way he(d to be contrary to the law by
any court of proper jurisdiction, the remainder of this MOU and the remainder
of the Resolution shall not be affected thereby, and shall remain in full force
and effect.
\1\
21
ARTICLE 26 - DURATION
26.1 The terms of this MOU are to remain in full force and effect until and including
the 1� day of January 2017.Upon adoption of a Resolution approving the
terms and conditions of this MOU by the City Council of the City of Anaheim,
this MOU shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIM, TEAMSTERS, Local No. 952, affiliated with
A Municipal Corporation the International Brotherhood of Teamsters
f /� ,
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Date Date '
22
APPENDIX "A" WAGES
SPECIAL PROVISION
1. Effective the pay period beginning )anuary 2, 2015, employees working
in classifications listed in Appendix "A-2" shall receive a one percent
(1%) wage increase.
2. Effective the pay period beginning January 1, 2016, employees working
in classifications listed in Appendix "A-2" shall receive a four and one-
quarter percent (4.25%) wage increase.
3. Effective the pay period beginning July 1, 2016, employees working in
classifications listed in Appendix "A-2" shall receive a five percent (5%)
wage increase.
23
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APPENDIX "B"
DEFINED CONTRIBUTION RETIREMENT PLAN
l. ANAHEIM and the UNION agree that ANAHEIM shail adopt a 457 plan as the
vehicle for a permitted defined contribution retirement plan for eligible
employees of the Parking Lot Employees Unit.
2. ANAHEIM and the UNION agree that mandatory participation is required by all
employees in ARTICLE 3.7.1.1 Event Part-Time Employees.
3. ANAHEIM and the UNION agree that employees in ARTICLE 3.7.1.2 Regular
Part-Time Employees are not eligible to participate in the mandatory 457
program.
4. ANAHEIM and the UNION agree that ANAHEIM shall select a single financial
institution as the depository for the Parking Lot Employees Retirement
Account, and that all employee contributions to this mandatory program will
be separately accounted for.
5. ANAHEIM and the UNION agree that employee contributions will continue
during the life of this Agreement.
6. ANAHEIM and the UNION agree that employees will be fully vested in the
benefit at the time of initial contributions.
7. ANAHEIM and the UNION agree that employees will not be removed from the
plan, except at such time as the employee is formally removed from the City
payroll.
8. ANAHEIM agrees to develop and adopt such amendments to the 457 plan that
are necessary to ensure compliance with Internal Revenue Service regulations
and rulings at such time as they are issued.
9. Either ANAHEIM or UNION may, at its sole discretion, terminate this
Agreement upon 90 days notice to the other party; it being understood that
termination of this Agreement would result in the implementation of Social
Security payments by the employee and the employer as required by Section
3121 (b)(7)(F) of the Internal Revenue Code.
29
APPENDIX "C"
UNION ACTIVITY
City of Anaheim
HUMAN RESOURCES DEPAd2TMENT
:�~ ; I
��
I June 8 2009
; �
�
Emesto Medrano
i TEAMSTERS
Local 952
140 S. Marks �'Jay
Orange, CA 92868
Dear Mr. Medrana:
T'his is to confirm that the City of Anaheim recogriizes thut, in the event of a labor
� dispute against the City, employees represented by the Teamsters, Loca1952, may
decline to cross the sanctioned picket line of another labor union, In the event an
amployea does not report for a scheduled work shift or is otherwise in violarion of
� Convention Center rules, regulations, or poiicies as the result of a decision to
; honor a sanctioned picket Iine, the City wiIl notify the Teamsters before initiating
i any discipfinary action.
�
Sincerely,
� /�
�
Christopher IC Chase
Deputy Human Resources Direcior
c: file
i
I
I 200 S. 0.naneim Boulevartl. SWte 332 �
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