97-143 RESOLUTION NO. 97R- 14 3
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 SERVICE EMPLOYEES
UNIT REPRESENTED BY THE SERVICE EMPLOYEES' INTERNATIONAL
UNION. LOCAL 1877
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer-
employee relations system for the City; and
WHEREAS, Section 1.06.100 of Chapter 1.06 requires a 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 July 23, 1997 between the Service Employees'
International Union, Local 1877 and the City of Anaheim is in the best interest of the City of
Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that
the Memorandum of Understanding between the Service Employees' International Union, Local
1877 and the City of Anaheim executed by the City Management Representative and the
Service Employees' International Union, Local 1877 on July 23, 1997. as set forth in the
document attached hereto and incorporated by reference herein, be and the same is hereby,
approved and that the effective date of such Memorandum of Understanding shall be February
14, 1997.
BE IT FURTHER RESOLVED that Resolution No. 96R-76 is hereby repealed effective
February 13, 1997.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 22nd day of July. 1997.
MAYOR OF THE CITY OF - AHEIM
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CITY CLERK OF THE CITY OF ANAHEIM
APPROVED ASO bR ' ----
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R-143 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 22nd day of July, 1997, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R-143 on the 22nd day of July, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 22nd day of July, 1997.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R-143 was duly passed and adopted by the City Council of
the City of Anaheim on July 22, 1997.
zir
CITY CLERK OF THE CITY OF ANAHEIM
MEMORANDUM OF UNDERSTANDING
between the
SERVICE EMPLOYEES' INTERNATIONAL UNION, LOCAL 1877
and the
CITY OF ANAHEIM
February 14, 1997 - July 13, 2000
TABLE OF CONTENTS
PAGE
ARTICLE 1 PREAMBLE 2
ARTICLE 2 UNION RECOGNITION 2
ARTICLE 3 DISCUSSION 3
ARTICLE 4 AGENCY SHOP 3
ARTICLE 5 HIRING & EMPLOYMENT OF EMPLOYEES WORKING 3
DURING SPORTS AND OTHER EVENTS OCCURRING
AT THE ANAHEIM STADIUM PARKING LOT AND AT THE
CONVENTION CENTER
ARTICLE 6 CHECK-OFF 5
ARTICLE 7 ADMINISTRATION 5
ARTICLE 8 CLASSIFICATIONS, WAGES AND HOURS 6
ARTICLE 9 WORKING CONDITIONS 6
ARTICLE 10 HEALTH AND WELFARE 7
ARTICLE 11 GRIEVANCE PROCEDURE 7
ARTICLE 12 PREVAILING RATES FOR SUBCONTRACTORS 8
ARTICLE 13 NO STRIKE 8
ARTICLE 14 EMPLOYEE-EMPLOYER COMMITTEE 8
ARTICLE 15 WORK ASSIGNMENT 8
ARTICLE 16 MILITARY LEAVE 9
ARTICLE 17 VACATION BENEFIT 9
ARTICLE 18 SAVINGS CLAUSE 9
ARTICLE 19 DURATION 10
APPENDIX "A" CONVENTION CENTER & STADIUM PARKING LOT 11
APPENDIX "B" HEALTH & WELFARE 13
APPENDIX "C" DEFINED CONTRIBUTION RETIREMENT PLAN 14
ARTICLE 1
PREAMBLE
1.1 The wages, hours and conditions of employment that are set forth in this
Memorandum have been discussed and jointly proposed by and between the staff
officials of the City of Anaheim (hereinafter called "ANAHEIM") and the Service
Employees' International Union, Local 1877 (hereinafter called "UNION") affiliated
with the Service Employees' International Union, AFL-CIO, and shall apply to all the
employees of ANAHEIM working in the classifications set forth in Appendix "A". at
the sporting and all other events at the Anaheim Stadium Parking Lot and the
Anaheim Convention Center at Anaheim, California.
1.2 The terms and conditions of employment that are set forth in this Memorandum
have been discussed in good faith between the staff officials of ANAHEIM and the
UNION and the staff officials of ANAHEIM agree to recommend to the Anaheim City
Council that all of the terms and conditions of employment as set forth herein be
incorporated in full in a resolution of the City Council. Upon the adoption of such a
resolution, all the terms and conditions of this Memorandum shall become effective
without any further action by either party.
ARTICLE 2
UNION RECOGNITION
2.1 ANAHEIM hereby recognizes the UNION as the collective bargaining representative
for all its members and the collective bargaining agency concerning the wages,
hours and working conditions of employees working at the Anaheim Stadium
Parking Lot and at the Convention Center in the classifications that are set forth in
Appendix "A", to the fullest extent allowable under California law applying to public
employees. As public employees, such employees covered herein shall have the
right to discuss individual problems of employment with ANAHEIM, provided that
upon request of the employee, the UNION shall be kept fully informed and have the
right to be present at all such meetings between ANAHEIM and the individual. In
the event any grievance with an employee involves the interpretation of the
MEMORANDUM, ANAHEIM agrees to inform the UNION and the UNION shall have
the right to be present and participate in any meetings or resolution of such a
grievance.
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ARTICLE 3
DISCUSSION
3.1 It is the intent of both parties to maintain an open line of communication for the
betterment of employer-employee relations. Any issue not pertaining to grievances or
grievable issues may be discussed by the UNION or ANAHEIM at either parties request.
3.2 Within 90 days of the execution of this agreement the issue of WORK ASSIGNMENTS
shall be discussed. Such discussions shall continue as long as City and UNION concur
they are productive.
3.3 If the discussion process results in an agreement between the City Management
Representative and UNION to amend this Memorandum of Understanding, such
agreement shall be incorporated in a written letter of understanding, signed by the City
Management Representative and UNION representatives. The matters incorporated in
the Letter of Understanding shall be presented to the City Council, or its statutory
representative, for determination.
3.4 For issue(s) not specifically identified in ARTICLE 3.2 above, if the parties are not able
to resolve the issue after three meetings, the issue will be considered dropped, unless
both parties agree to meet additional times.
ARTICLE 4
AGENCY SHOP
4.1 CITY and UNION agree SEIU employees shall be permitted to vote, once during the
term of the agreement, on whether or not to reinstate agency shop.
ARTICLE 5
HIRING AND EMPLOYMENT OF EMPLOYEES WORKING DURING SPORTS AND
OTHER EVENTS AT THE ANAHEIM STADIUM PARKING LOT AND AT THE
CONVENTION CENTER
5.1 Job Bulletins regarding classifications represented by the UNION shall be sent to
the UNION during recruitment periods.
5.2 ANAHEIM shall be the sole judge of the testing, qualification and acceptance
procedures of all applicants for employment and promotion and ANAHEIM retains
the right to reject any applicant for employment; PROVIDED, HOWEVER, that no
test or qualification procedures utilized by ANAHEIM or refusal to accept for
employment shall be done to discriminate for or against an applicant because of
union or non-union membership or because of race, color, creed, national origin,
religious or political affiliation or belief, sex, age, or physical disability, except where
age or lack of physical disability is a bona fide occupational qualification.
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5.3 During the calendar year all employees in the classifications listed in Appendix "A"
shall designate the jobs they wish to be considered for as openings occur as
follows.
• Anaheim Convention Center (Maintenance) - Bulletin Board posting.
• Anaheim Convention Center (Crowd Control) - Bulletin Board posting.
Placement in these jobs shall be in accordance with Article 15.
5.4 ANAHEIM agrees to furnish the UNION upon request a list of all persons hired for
events at the Stadium Parking Lot and the Convention Center.
5.5 Employees hired in classifications listed in Appendix "A" of this agreement shall be
subject to a period of probation consisting of fifty (50) event days worked or six (6)
months, whichever occurs later.
5.6 The work and conduct of a probationary employee shall be subject to close scrutiny
and evaluation and if found to be below standards satisfactory to the Convention
Center Department, the probationer may be rejected at any time during the
probationary period. Such rejections shall not be subject to review or appeal.
5.7 ANAHEIM has determined that the size and operation of the Convention Center has
developed to the point that there is a need to set forth criteria for defining groups of
employees engaged in limited employment who are covered by the Memorandum of
Understanding between the parties. Accordingly, the following categories are
hereby established.
5.71 Categories
5.711 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
999 hours during FY 95/96) in any fiscal year.
5.712 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 1560 hours) in any fiscal year.
5.72 The number of positions in each category shall vary in accordance with
ANAHEIM'S requirements and shall be established by ANAHEIM.
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5.73 Assignment of personnel to these positions and between these positions
shall be made by ANAHEIM in accordance with Article 15.12 of the
Memorandum of Understanding.
5.74 Employees working in limited employment categories set forth in Article
5.711 are not entitled to any of ANAHEIM'S benefit plans except as set forth
in Article 17, Appendix B, and Appendix C of the Memorandum of
Understanding provided, however, that employees assigned to Article 5.712
shall be enrolled in the Public Employees Retirement System covering
Miscellaneous employees of Anaheim.
5.75 Employees hired or assigned to positions defined in Article 5.712 shall pay
3.75% of the statutorily required 7% 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.
ARTICLE 6
CHECK-OFF
6.1 ANAHEIM agrees to a check-off for the payment of the regular monthly UNION
dues and the regular UNION initiation fee or service charges, and to deduct such
payments for the wages of all UNION members and employees when authorized to
do so by said members and employees, and remit such payments to the UNION in
accordance with the terms of signed authorizations of such members and
employees. The deduction of such dues and initiation fees or service charges by
ANAHEIM, the remittal of same by ANAHEIM to the UNION, shall constitute
payment of said dues and initiation fees or service charges by such members and
employees of the UNION.
6.2 When employee orientations and/or ANAHEIM Way orientations are held for
employees, the UNION shall be notified one (1) week in advance and shall be
permitted to make a presentation on Union representation prior to the scheduled
starting time and/or following the conclusion of the orientation meeting.
ARTICLE 7
ADMINISTRATION
7.1 UNION representatives shall be permitted to visit the operations covered herein for
the purpose of observing conditions under which employees are working, provided
such visit shall not interrupt the work of such employees.
7.2 ANAHEIM recognizes the employees' and the UNION'S right to elect or appoint
shop stewards. The UNION agrees to notify ANAHEIM, in writing, as to such shop
steward's identity and of subsequent elections or appointments, if any. The parties
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agree that employees elected or appointed as shop stewards for and by the UNION
shall, nevertheless, be required to and shall work full-time in their respective
classifications. It is further agreed that employees appointed shop stewards by the
UNION shall not be discriminated against in work assignments because of such
appointment.
7.3 ANAHEIM shall furnish bulletin board space at each facility at a mutually agreeable,
specific location for the purpose of posting notices pertaining to UNION business.
7.4 ANAHEIM shall annually, on or before May 1st, furnish the UNION a list of all
employees in classifications listed in Appendix "A", including date of hire.
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", attached to this Memorandum and by this reference made a part
hereof.
ARTICLE 9
WORKING CONDITIONS
9.1 ANAHEIM agrees to furnish and maintain uniforms for its employees in
classifications listed in Appendix "A" except Sweeper and Cleaner Set-Up Worker
without cost to the employees. The shirts shall not be considered part of the
uniform and, if they are furnished, shall be solely at the discretion and convenience
of ANAHEIM.
9.2 ANAHEIM shall maintain suitable dressing and break quarters for the use of the
employees covered herein. A committee shall be formed with representatives of
both ANAHEIM and the UNION to resolve the smoking/no smoking issue.
9.3 Management of the Convention Center shall to the extent possible, pre-determine
the number of parking spaces needed to take care of the public attending events at
their facilities. To the extent there are spaces available to permit employee parking,
spaces shall be made available to employees at no charge. Anaheim agrees to
make reasonable effort to identify additional employee parking.
9.4 Adequate restroom and locker room facilities shall be provided for all employees.
9.5 ANAHEIM shall provide flashlights to employees when ANAHEIM determines
flashlights are required in the performance of the employees' work.
9.6 Upon request, the City of Anaheim shall provide rain gear to employees who are
required to work outdoors during inclement weather.
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ARTICLE 10
HEALTH AND WELFARE
10.1 Employees working in classifications listed in Appendix "B" shall be provided Health
and Welfare benefits in accordance with the provisions of Appendix "B" attached
hereto.
ARTICLE 11
GRIEVANCE PROCEDURE
11.1 Any grievance or dispute which may arise out of the application or interpretation of
the terms or conditions of this Memorandum shall be settled in accordance with the
procedure set forth immediately hereinbelow except a dispute by an applicant
regarding employment. In the event the grievance or dispute requires an
expeditious resolution based on a pending event at either the Anaheim Stadium
Parking Lot or Convention Center, the UNION, by written notice to ANAHEIM, may
request an immediate meeting with representatives of ANAHEIM and upon
receiving such written notice, representatives of ANAHEIM shall be available to
meet with representatives of the UNION within forty-eight (48) hours after receipt of
the written notice.
11.2 Any grievance or dispute as defined under Article 11.1 hereinabove shall be
reduced to written form by the charging party and be presented to the other party's
authorized representative within thirty (30) calendar days of the date of the alleged
occurrence or dispute. Thereafter, a representative of ANAHEIM, selected by the
latter, shall meet within fifteen (15) calendar days of the receipt of the written
grievance with an authorized agent of the UNION, selected by the UNION, in an
attempt to resolve the dispute.
11.21 In the event that the parties cannot resolve the dispute to the charging
party's satisfaction, the dispute shall, upon the request of either party be
referred within thirty (30) calendar days to an impartial arbitrator for a final
and binding decision. In the event the parties are unable to agree upon the
selection of such impartial arbitrator within ten (10) calendar days, upon
request of either party an arbitrator shall be selected from a list of
prospective arbitrators submitted by the American Arbitration Association.
11.3 An arbitrator's decision shall be final and binding on both parties, it being agreed
that said arbitrator shall have no powers to add to or subtract from the provisions
herein, and that the laws of the State of California shall be controlling at all times.
11.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION.
11.5 The parties may mutually agree to submit any grievance or dispute covered under
the provisions of this Article to non-binding mediation, prior to submission to
arbitration.
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ARTICLE 12
PREVAILING RATES FOR SUBCONTRACTORS
12.1 In the event ANAHEIM decides to contract out to a private employer any of the work
of the classifications herein covered for public events, it is agreed that such
contracting of said work shall be made by ANAHEIM only to contractors or
employers whose employees are paid the prevailing rates of pay and all other
applicable benefits which are provided for in the Memorandum for employees in the
specified classifications. This Article shall remain in effect through midnight
February 13, 1997 for employees in the specified classifications in Appendix "A"
Convention Center and Stadium Parking Lot.
ARTICLE 13
NO STRIKE
13.1 The UNION agrees that under the terms of this Memorandum, the UNION and/or its
members shall not conduct any strikes, slowdowns or other work stoppages against
ANAHEIM during the term of this Memorandum.
ARTICLE 14
EMPLOYEE-EMPLOYER COMMITTEE
14.1 A committee shall be formed to discuss employee-employer problems. The
committee shall consist of one UNION representative, one employee from each
department, one management employee, and one Labor Relations representative
and shall meet quarterly, or more often as necessary. The UNION may have
present at such meetings other off-duty employees who can contribute to the
discussion taking place.
ARTICLE 15
WORK ASSIGNMENT
15.1 In the interest of maintaining an efficient system of operations at the Anaheim
Stadium Parking Lot and the Convention Center and to facilitate the assignment of
part-time employees in classifications listed in Appendix "A" to the various events,
ANAHEIM and the UNION agree that appropriate consideration shall be given to the
following:
15.11 Work opportunities required to maintain an adequate, interested, trained,
available part-time work force.
8
15.12 Employee's record of performance, availability, and seniority (Convention
Center Department date of hire) in that order.
15.121 Notwithstanding the above, assignments of employees shall not be
made in a capricious or arbitrary manner.
15.13 Employees may be temporarily assigned to work in the management
classifications of Convention Center Head Usher, Assistant Box Office
Treasurer and Box Office Treasurer. Management employees may be
temporarily assigned to work in unit classifications in accordance with Article
15.
ARTICLE 16
MILITARY LEAVE
16.1 Military Leave and compensation therefore shall be in accordance with the
provisions of the Military and Veterans Code of the State of California.
ARTICLE 17
VACATION BENEFIT
17.1 Employees working in classifications listed in Appendix "A" who work eight hundred
(800) or more hours in any calendar year shall be paid three percent (3%) of their
gross earnings as vacation benefits upon separation or during the first pay period of
the next calendar year. The calendar year shall be defined as the period for which
wages earned are reported for tax purposes.
ARTICLE 18
SAVINGS CLAUSE
18.1 The resolution of ANAHEIM shall provide that if any provisions of this Memorandum
or the Resolution is at any time, or in any way, held to be contrary to any law by a
court of proper jurisdiction, the remainder of this Memorandum and the remainder of
the Resolution shall not be affected thereby, and shall remain in full force and
effect.
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ARTICLE 19
DURATION
19.1 The terms of this Memorandum are to remain in full force and effect until the 13th
day of February 1997, except that either ANAHEIM or the UNION shall have the
right during the sixty (60) days preceding February 13, 1997, to give written notice
to the other of its desire to meet and confer with respect to the terms and conditions
of this Memorandum. If new terms and conditions cannot be agreed upon by
February 13,1997, this Memorandum shall become null and void. Upon adoption of
a Resolution approving this Memorandum and the terms hereof by the City Council
of the City of Anaheim, this Memorandum shall be in full force and effect.
STAFF OFFICIALS of the CITY of SERVICE EMPLOYEES' INTERNATIONAL
ANAHEIM, a Municipal Corporation UNION, LOCAL 1877 (� "",.
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Dated: 8.41, 17, /997 Dated: / 7) 877
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APPENDIX "A"
Convention Center & Stadium Parking Lot
HOURLY PAY RATES
CLASSIFICATION 05/10/96 2/14/97 7/17/98 7/16/99
Cleaner $8.09 $8.29 $8.44 $8.59
Cleaner Set-up Worker $8.09 $8.29 $8.44 $8.59
Gate Captain $8.49 $8.69 $8.84 $8.99
Janitor $8.25 $8.45 $8.60 $8.75
Lead Nurse $14.21 $14.41 $14.56 $14.71
Money Room Attendant - (5 hr min) $10.67 $10.87 $11.02 $11.17
Nurse $13.43 $13.63 $13.78 $13.93
Tenant Security Director $8.12 $8.32 $8.47 $8.62
Ticket Clerk $8.33 $8.53 $8.68 $8.83
Ticket Seller (GA) $8.87 $9.07 $9.22 $9.37
Ticket Seller (Res & Box) $9.19 $9.39 $9.54 $9.69
Ticket Seller Advanced $9.78 $9.98 $10.13 $10.28
Ticket Taker $8.20 $8.40 $8.55 $8.70
Usher $7.64 $7.84 $7.99 $8.14
Usher Captain $8.68 $8.88 $9.03 $9.18
Incumbent employees employed on February 2, 1996 as Cleaner Set-up Worker (30 hour) -
Convention Center shall have received an additional 201 per hour upon appointment to 30 hour
status and an additional 201 per hour on each anniversary of the appointment to 30 hour status
until such additional wages are $1.00 above the Cleaner Set-Up Worker rate listed in Appendix
"A" above. This is a closed group of employees receiving additional wages and no employees
employed after February 2, 1996 will be eligible to receive additional wages.
For the period May 10, 1996 through February 13, 1997, ANAHEIM shall adjust the
employee's Public Employees Retirement System (P.E.R.S.) contribution so that the
employee's Net Hourly Rate is not reduced as the result of the conversion from employer paid
to employee paid P.E.R.S. contributions. For the purpose of this paragraph, "Net Hourly Rate"
is defined as the employee's hourly rate of pay including the differential agreed to in this
paragraph less Federally required FICA contributions and employee P.E.R.S. contributions.
11
1. All classifications listed on an hourly basis shall be paid such rate for hours worked with
a four hour guaranteed minimum per event except as noted above. Said work period is
not restricted to any specific hours, but shall be required by ANAHEIM for each event.
Any pay for more than the minimum shall be compensated in fifteen (15) minute
increments.
2. Personnel newly hired into any classification in Appendix "A" shall be paid an entry
level rate amounting to 500 per hour less than the rates set forth in the Appendix. This
reduced rate shall continue during the first 400 hours of employment. Thereafter, the
rate payable shall be that rate set forth in Appendix "A". Newly hired personnel shall be
defined as those individuals who have had no hours of work in the classifications
outlined in Appendix "A" for a period of nine months.
3. On New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day, employees working in the above classifications shall receive pay at
a rate of one and one-half times the rate specified above.
4. In case of cancellation of event, and if ANAHEIM does not give reasonable notice,
either personally or through public communications, ANAHEIM shall pay to Crowd
Control employees as follows: two (2) hours pay if the employee reports for work; and
four (4) hours pay if the gates are open.
5. For the events where the four hour minimum rates are applicable for Crowd Control
employees, they shall be paid for such four hour minimum rate for each separate event
which they work in any day.
6. The classification and rates of "Janitor" above shall apply only to incumbent employees
employed on February 2, 1996. This is a closed classification and no employees
employed after February 2, 1996 will be hired in this classification.
7. If lead workers are used by ANAHEIM in any of the above hourly classifications, they
shall receive an additional 60g.
8. Employees working in classifications listed in Appendix "A" shall be paid at a rate of
one and one-half times their regular hourly rate for all hours in excess of eight (8) for a
single event or forty (40) in any one work week.
9. Employees assigned as Fire Door Attendants shall be paid the Usher rate of pay.
10. Employees assigned to protect exhibitors' property shall receive the Tenant Security
Director rate of pay.
11. At such times as Anaheim determines that it is in the best interest of the City to assign
supervisory responsibility over lead workers receiving the additional 600 per hour as
provided in the Memorandum of Understanding, ANAHEIM and the UNION agree that
such supervisory employees shall receive 600 per hour more than the lead workers
supervised.
12. In the event an employee is called in for meetings and/or training, the guarantee shall
be two (2) hours.
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APPENDIX "B"
HEALTH AND WELFARE
The City agrees to pay a monthly premium not to exceed 88% of monthly premium, to maintain
coverage in the single party Kaiser "Q" Plan for eligible employees. All additional premium
shall be the responsibility of the eligible employee.
Employees with part-time 30 hour status shall be provided health and welfare benefits as long
as they remain employed and are available to work up to 1560 hours per year, and are working
in the following classifications:
Cleaner
Cleaner Set-Up Worker
Janitor
Sweeper
Ticket Clerk
Ticket Seller Advanced
Lead Nurse
Employees become eligible for coverage on the first day of the month following one complete
calendar month upon appointment to an eligible classification listed above.
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APPENDIX "C"
DEFINED CONTRIBUTION RETIREMENT PLAN
ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the vehicle for a
permitted defined contribution retirement plan for eligible employees in the Convention Center
Unit of Representation.
ANAHEIM and the UNION agree that mandatory participation is required by all employees in
Article 4.711 Part-Time Employees (Article 4 of the Memorandum of Understanding between
ANAHEIM and the UNION).
ANAHEIM and the UNION agree that employees in Article 4.712 Part-Time thirty (30) hour
Employees (Article 3 of the Memorandum of Understanding between ANAHEIM and the
UNION) are not eligible to participate in the mandatory 457 program.
ANAHEIM and the UNION agree that the employer contribution to the plan will be 3.75% of bi-
weekly gross pay.
ANAHEIM and the UNION agree that the employee contribution to the plan will be 3.75% of bi-
weekly gross pay.
Effective the first pay period after City Council approval of a new Memorandum, ANAHEIM and
the UNION agree that the employer contribution to the plan will cease and the employee
contribution to the plan will be 7.5% of bi-weekly gross pay.
ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as the
depository for the Convention Center Part-Time Employees Retirement Account, and that all
(employee and employer) contributions to this mandatory program will be separately
accounted for.
ANAHEIM and the UNION agree that employee and employer contributions will begin on
June 28, 1991 and continue during the life of this Appendix "C" agreement.
ANAHEIM and the UNION agree that employees will be fully vested in the benefit (both
employee and employer contributions) at the time of initial contributions.
ANAHEIM agrees that, Anaheim will develop and adopt such amendments to the 457 plan,
necessary to ensure compliance with Internal Revenue Service regulations and rulings at such
time as they are issued.
Either ANAHEIM or the UNION may, at it sole discretion, terminate this Appendix "C"
agreement upon 90 days notice to the other party. If being understood that termination of this
agreement would result in the implementation of Social Security payments by the employee
and the employer as required by Section 3121(b)(7)(F) of the Internal Revenue Code.
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