RES-2021-058RESOLUTION NO. 2021 - 0 5 8
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
SERVICE EMPLOYEES INTERNATIONAL
UNION, UNITED SERVICE WORKERS WEST
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 the Memorandum of Understanding
to be presented to the City Council for determination; and
WHEREAS, the Memorandum of Understanding between the City of Anaheim and the
Service Employees International Union, United Service Workers West, adopted by Resolution
No. 2018-127, expired, January 4, 2021; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on June 2, 2021, between the Service Employees
International Union, United Service Workers West 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, United
Service Workers West and the City of Anaheim executed by the City Management Representative
and the Service Employees International Union, United Service Workers West, on June 2, 2021,
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 5, 2021 through January 6, 2022.
BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated with
the authority to publish the authorized salary schedule in said Memorandum of Understanding in
any format meeting the requirements of California Code of Regulations section 570.5.
BE IT FURTHER RESOLVED that Resolution No. 2018-127 is hereby repealed effective
January 5, 2021.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 22nd day of June, 2021 by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Brandman, Moreno, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
TE
ITY CLEI K OF THE CITY OF ANAHEIM
MEMORANDUM OF UNDERSTANDING
between the
SERVICE EMPLOYEES' INTERNATIONAL UNION, UNITED
SERVICE WORKERS WEST
and the
CITY OF ANAHEIM
January 5, 2021 through January 6, 2022
TABLE OF CONTENTS
ARTICLE1 -PREAMBLE ................................................................................................................4
ARTICLE2 - UNION RECOGNITION............................................................................................4
ARTICLE 3 - DISCUSSION.............................................................................................................4
ARTICLE 4 - HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE
CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT..........................................5
ARTICLE5 - CHECK-OFF............................................................................................................... 8
ARTICLE6 - ADMINISTRATION.................................................................................................. 8
ARTICLE 7 - CLASSIFICATIONS, WAGES AND HOURS.......................................................... 9
ARTICLE8 - PREMIUM PAY.......................................................................................................10
ARTICLE9 - BILINGUAL PAY....................................................................................................11
ARTICLE 10 -HEALTH & WELFARE.........................................................................................11
ARTICLE 11 -VACATION BENEFIT...........................................................................................12
ARTICLE 12 - WORKING CONDITIONS....................................................................................12
ARTICLE 13 - EMPLOYEE AVAILIBITY AND LEAVES..........................................................12
ARTICLE 14 - MILITARY LEAVE...............................................................................................13
ARTICLE 15 - DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION. 14
ARTICLE16 - DISICPLINE...........................................................................................................16
ARTICLE17 - INVESTIGATIONS................................................................................................17
ARTICLE 18 - GRIEVANCE PROCEDURE.................................................................................17
ARTICLE 19 - EMPLOYEE -EMPLOYER COMMITTEE............................................................19
ARTICLE 20 - WORK ASSIGNMENT..........................................................................................19
ARTICLE 21 -REDUCTION IN FORCE.......................................................................................20
ARTICLE22 - REINSTATEMENT................................................................................................20
ARTICLE23 -NO STRIKE............................................................................................................20
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ARTICLE24 - SAVINGS CLAUSE............................................................................................... 20
ARTICLE25 - DURATION............................................................................................................ 21
APPENDIX«A„ - WAGES............................................................................................................. 22
APPENDIX«B" - HEALTH INSURANCE................................................................................... 24
ARTICLE 1 — PREAMBLE
1.1 The wages, hours, and terms and conditions of employment that are set forth in this
Memorandum of Understanding ("MOU") have been discussed and jointly proposed
by and between the staff officials of the City of Anaheim (hereinafter "ANAHEIM")
and the Service Employees' International Union, United Service Workers West
(hereinafter "UNION") affiliated with the Service Employees' International Union,
Change to Win, and shall apply to all the employees of ANAHEIM working in the
classifications set forth in Appendix "A" at the sporting and all other events at the
Anaheim Convention Center in Anaheim, California.
1.2 The terms and conditions of employment that are set forth in this 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 by resolution of the City Council. Upon the adoption of such a resolution, all
the terms and conditions of this MOU shall become effective without any further
action by either party.
ARTICLE 2 — UNION RECOGNITION
2.1 ANAHEIM hereby recognizes the UNION as the collective bargaining representative
for all its members and the collective bargaining agency concerning the wages, hours,
and working conditions of employees working at the Anaheim Convention Center in
the classifications that are set forth in Appendix "A", to the fullest extent 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 a grievance with an
employee involves the interpretation of the MOU, ANAHEIM agrees to inform the
UNION and the UNION shall have the right to be present and participate in any
meetings or resolution of such a grievance.
ARTICLE 3 — DISCUSSION
3.1 It is the intent of both parties to maintain an open line of communication for the
betterment of employer-employee relations. Any issue not pertaining to grievances
or grievable issues may be discussed by the UNION or ANAHEIM at either party's
request.
3.2 If the discussion process results in an agreement between the City Management
Representative and UNION to amend this 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.
3.3 If the parties are not able to resolve the issue after three (3) meetings, the issue will
be considered dropped, unless both parties agree to meet additional times.
ARTICLE 4 — HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE
CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT
4.1 Job bulletins regarding classifications represented by the UNION shall be sent to the
UNION during recruitment periods.
4.2 ANAHEIM shall be the sole judge of the testing, qualification, and acceptance
procedures of all applicants for employment and promotion. ANAHEIM retains the
right to reject any applicant for employment, provided, however, that no test or
qualification procedures utilized by ANAHEIM or refusal to accept for employment
shall be done to discriminate for or against because of union or non-union membership
or because of race, color, creed, national origin, religious or political affiliation or
belief, gender, age, sexual orientation, or physical disability, except where age or lack
of physical disability is a bona fide occupational qualification.
4.3 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 20 — WORK
ASSIGNMENT.
4.4 ANAHEIM agrees to furnish the UNION upon request a list of all persons hired for
events at the Convention Center.
4.5 Employees hired in classifications listed in Appendix "A" of this agreement shall be
subject to a period of probation consisting of one (1) year.
4.5.1 An employee's probationary status may be extended beyond the regular
probationary period by providing the employee advanced written notice.
4.5.2 Upon successful completion of a probationary period, an employee shall be
granted regular status in the classification in which the probationary period is
served.
4.6 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,
Sports and Entertainment Department, the probationer may be rejected 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.
4.6.1 ANAHEIM will make every reasonable effort to return an employee rejected
or laid off during the probationary period to the classification in which he/she
had regular status, unless the reasons for his/her failure to complete the
probationary period would be cause for dismissal. If not returned to his/her
former classification the employee shall be separated from employment with
ANAHEIM.
4.7 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 MOU between the
parties. Accordingly, the following categories are hereby established.
4.7.1 Categories
4.7.1.1 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.
4.7.1.2 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 one thousand five hundred sixty (1560)
hours in any fiscal year).
4.7.2 The number of positions in each category shall vary in accordance with
ANAHEIM's requirements and shall be established by ANAHEIM.
4.7.3 Assignment of personnel to these positions and between these positions
shall be made by ANAHEIM in accordance with ARTICLE 20.1.2.
4.7.4 Employees working in limited employment categories set forth in ARTICLE
4.7.1 are not entitled to any of ANAHEIM's benefit plans except as set forth in
ARTICLE 11 — VACATION BENEFIT, Appendix B — Health Insurance, and
ARTICLE 4.8 — DEFINED CONTRIBUTION RETIREMENT PLAN provided,
however, that employees assigned under the provisions of ARTICLE 4.7.1.2
shall be enrolled in the Public Employees Retirement System (PERS) covering
Miscellaneous Employees of ANAHEIM.
4.7.5 Employees hired or assigned to positions defined in ARTICLE 4.7.1.2 shall
pay the statutorily required eight percent (8%) employee contribution, plus an
additional four percent (4%). The additional contribution shall be designated
as "cost share" contributions under California Government Code Section
20516(f).
4.7.6 Pursuant to the California Public Employees' Pension Reform Act of 2013,
new employees, working in the classifications set forth in Appendix "A," hired
on or after January 1, 2013, shall be enrolled in the Public Employees
Retirement defined benefit plan of two percent at sixty-two (2% @ 62) with a
final compensation measurement period of the average of three (3) consecutive
years and the employee paying at least fifty percent (50%) of normal costs,
rounded to the nearest quarter of one percent (1%).
4.7.6.1 ANAHEIM and UNION agree that any provisions of
ARTICLE 4.7.9, as amended herein, that are contrary to or
inconsistent with the lawful provisions of the Act shall be
modified so as to cause them to be consistent with those lawful
provisions through a Letter of Understanding that amends the
MOU, as amended herein, and incorporated with this MOU.
4.8 Defined Contribution Retirement Plan
4.8.1 ANAHEIM and the UNION agree that ANAHEIM shall adopt a 457 deferred
compensation plan as the vehicle for a permitted defined contribution
retirement plan for eligible employees.
4.8.2 ANAHEIM and the UNION agree that mandatory participation in the 457 plan
is required by all employees in ARTICLE 4.7.1.1 Event Part -Time Employees.
4.8.3 ANAHEIM and the UNION agree that employees in ARTICLE 4.7.1.2
(Regular Part -Time Employees) are not eligible to participate in the mandatory
457 plan.
4.8.4 ANAHEIM and the UNION agree that employee contribution to the 457 plan
will be seven and one-half percent (7.5%) of bi-weekly gross pay.
4.8.5 ANAHEIM and the UNION agree that ANAHEIM shall select a single
financial institution as the depository for the Convention Center Part -Time
Employees Retirement Account and that all contributions to this mandatory
program will be separately accounted for.
4.8.6 ANAHEIM and the UNION agree that employees will be fully vested in the
benefit (at the time of initial contributions).
4.8.7 ANAHEIM agrees that it will develop and adopt such amendments to the 457
plan as are necessary to ensure compliance with Internal Revenue Service
regulations and rulings at such time as they are issued.
4.8.8 Either ANAHEIM or the UNION may, at its sole discretion, terminate
ARTICLE 4.8 upon ninety (90) day notice to the other party. The parties
acknowledge that termination of ARTICLE 4.8 would result in the
implementation of Social Security payments by the employee and the
employer as required by Internal Revenue Code section 3121(b)(7)(F).
4.9 When a regular part-time assignment under the provisions of ARTICLE 4.7.1.2
becomes available, ANAHEIM shall post the assignment for a minimum of fourteen
(14) days. Selection to regular part-time positions will be pursuant to ARTICLE 20 -
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WORK ASSIGNMENT. The City agrees that employees assigned under the
provisions of ARTICLE 4.7.1.2 shall be enrolled in PERS.
ARTICLE 5 — CHECK -OFF
5.1 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.
5.2 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 6 — ADNIIMSTRATION
6.1 UNION representatives shall be permitted to visit the operations covered herein and
shall be permitted to be present during line-ups for the purpose of observing
conditions under which employees are working, provided such visit shall not
interrupt the work of such employees.
6.2 ANAHEIM recognizes the employees' and the UNION's right to elect or appoint
shop stewards. The UNION agrees to notify ANAHEIM, in writing, as to such shop
steward's identity and of subsequent elections or appointments, if any. The parties
agree that employees elected or appointed as shop stewards for and by the UNION
shall, nevertheless, be required to and shall work their full, scheduled work hours 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.
6.2.1 Solicitation of membership and all activities concerned with the internal
management of UNION, such as collecting dues, holding membership
meetings, preparing petitions or grievance material, preparing proposals,
campaigning for office, conducting elections and distributing literature, etc.,
shall not be conducted during working hours, except during breaks, meal
periods, or pre and post shift.
6.3 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 rates of pay when they are
attending the meet and confer sessions for any hours for which they were scheduled to
work.
6.4 ANAHEIM will pay employees who are released from work for UNION business at
UNION request and will bill UNION at the employee's regular rate of pay.
ANAHEIM and UNION will jointly and severally be responsible for Workers'
Compensation and General Liability when such employees are off work for UNION
business at UNION expense.
6.5 ANAHEIM shall furnish bulletin board space at each facility at a mutually agreeable,
specific location for the purpose of posting notices pertaining to UNION business.
6.6 ANAHEIM shall furnish the UNION a list of all employees in classifications listed
in Appendix "A", including date of hire upon UNION's request.
6.7 ANAHEIM and UNION acknowledge their mutual interest in the success of the
Anaheim Convention Center Labor/Management Committee ("LMC"), and that
success of the LMC depends, in large part, on active participation by employees.
ANAHEIM agrees to pay up to two (2) employees at their regular hourly rates of
pay when they are attending regular LMC meetings. UNION agrees that time spent
outside of scheduled work hours researching LMC issues or otherwise conducting
LMC -related business shall be voluntary and unpaid.
ARTICLE 7 — CLASSIFICATIONS, WAGES AND HOURS
7.1 Wages and hours for the various classifications shall be as set forth in Appendix
"A", attached to this MOU and by this reference made a part hereof.
7.2 Newly hired employees shall be compensated at the lowest step of the salary schedule
of the job class for which they were hired.
7.3 Employees in job classifications listed in Appendix "A" shall be eligible for
consideration for merit pay increases as follows:
7.3.1 To the ninth (9th) step of the salary schedule after completion of one thousand
forty (1,040) hours worked in the eighth (8th) step.
7.3.2 To the tenth (10th) step of the salary schedule after completion of one
thousand forty (1,040) hours worked in the ninth (9th) step.
7.3.3 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.
7.3.4 An employee who performs work in a job classification listed in Appendix
"A" as a secondary classification, shall be paid at the salary step in the
secondary classification equivalent to the salary step the employee receives in
his/her primary classification.
7.4 Employees working in a classification listed in Appendix "A" shall be paid the
applicable hourly rate for all hours worked with a four (4) hour guaranteed minimum
per event. Said work period is not restricted to any specific hours, but shall be
required by ANAHEIM for each event. Any pay for more than the minimum shall be
compensated in fifteen (15) minute increments.
7.4.1 In the event an employee is called in for meetings and/or training, the
guarantee shall be two (2) hours.
7.4.2 For the events where the four (4) hour minimum rates are applicable for
Crowd Control employees, they shall be paid for such four (4) hour minimum
rate for each separate event, which they work in any day.
7.4.3 In case of cancellation of an event, and if ANAHEIM does not give reasonable
notice, either personally or through public communications, ANAHEIM shall
pay to Crowd Control employees two (2) hours pay if the employee reports for
work and four (4) hours pay if the gates are open.
ARTICLE 8 — PREMIUM PAY
8.1 Employees working in classifications listed in Appendix "A" shall be paid at a rate of
one and one-half (1 %z) times their regular hourly rate for all hours in excess of eight (8)
hours for a single day or shift or forty (40) hours in a work week.
8.2 Temporary upgrading shall be defined as the temporary assignment of an employee
to perforin the work of a job class which is assigned to a salary schedule higher than
his/her regular job class. Employees who are temporarily upgraded for two (2) or
more consecutive hours and who are responsible for the full range of duties assigned
to the higher level classification, shall be paid at the lowest salary step of the higher
level classification which provides an increase in the regular hourly rate for all hours
worked in the higher job classification.
8.3 An employee working in a classification listed in Appendix "A" on New Year's Day,
Martin Luther King Jr.'s birthday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day shall receive pay at a rate of one and one-half
(1 %2) times his/her regular hourly rate.
8.4 An employee who works any of the eight (8) hours between 10:00 p.m. and 6:00
a.m. shall be eligible to receive Convention Center graveyard differential pay of
forty cents ($.40) per hour for each of those hours worked. Effective the first full
pay period following City Council approval of the MOU dated January 5, 2018
through January 4, 2021, an employee who works any of the eight (8) hours
between 10:00 p.m. and 6:00 a.m. shall be eligible to receive Convention Center
graveyard differential pay of fifty cents ($.50) per hour for each of those hours
worked.
8.5 All employees utilized as trainers shall receive one dollar ($1.00) per hour over their
base rate for hours worked in such capacity. Employees classified as a Lead shall be
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exempt from this provision.
8.6 All employees assigned as equipment monitor shall receive one dollar ($1.00) per
hour over their base rate for hours worked in such capacity. Employees classified as
a Lead shall be exempt from this provision.
ARTICLE 9 — BILINGUAL PAY
9.1 The hourly rates listed in Appendix "A" shall be increased by seventy cents ($.70) for
employees required to speak in Spanish or other languages (including sign language) as
well as English as part of their regular duties of their position.
9.2 The hourly rates listed in Appendix "A" 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 their regular duties of their
position.
9.3 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual pay.
9.4 The Human Resources Director shall conduct a test of competency for employees who
have been assigned bilingual duties to certify these employees are eligible for bilingual
pay, except that operating departments with authorized bilingual certifiers may
conduct their own test of bilingual competency and notify the Human Resources
Director of the outcome of the test.
9.5 The effective date of bilingual certification shall be the first day of the pay period
following notification to the Human Resources Director of the passing of the
bilingual test by the employee as provided above. Employees may be required to
undergo a test of continued competency, upon request of the operating department.
ARTICLE 10 — HEALTH & WELFARE
10.1 ANAHEIM agrees to provide health benefits in accordance with the provisions of
Appendix "B" — HEALTH INSURANCE to regular part-time employees assigned in
accordance with ARTICLE 4.7.1.2 of this MOU as long as they remain employed and
available to work up to one thousand five hundred sixty (1,560) hours per year.
10.2 ANAHEIM agrees to establish a deferred compensation plan in lieu of Social
Security for all employees working in classifications listed in Appendix "A" who are
1) not enrolled in PERS as the result of their employment with ANAHEIM, and 2)
not receiving a PERS annuity as the result of prior ANAHEIM service. Such Plan
shall be in accordance with ARTICLE 4.8 — DEFINED CONTRIBUTION
RETIREMENT PLAN.
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ARTICLE 11— VACATION BENEFIT
11.1 Employees working in classifications listed in Appendix "A", who work eight
hundred (800) or more hours in any calendar year shall be paid four percent
(4%) of their gross earnings as vacation benefits upon separation or during the
first pay period of the following calendar year. The calendar year shall be
defined as the period for which wages earned are reported for tax purposes.
ARTICLE 12 — WORKING CONDITIONS
12.1 ANAHEIM agrees to furnish and maintain uniforms for its employees in
classifications listed in Appendix "A".
12.2 ANAHEIM shall maintain suitable dressing and break quarters for the use of the
employees covered herein.
12.3 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.
12.4 Adequate restroom and locker room facilities shall be provided for all employees.
12.5 ANAHEIM shall provide flashlights to employees when ANAHEIM determines
flashlights are required in the performance of the employees' work.
12.6 Upon request, the ANAHEIM shall provide rain gear to employees who are required
to work outdoors during inclement weather.
12.7 ANAHEIM and UNION agree that regular, formal and informal feedback from
supervisors to employees is critical to good job performance, and that employees
have the right to know how they are performing in relation to established standards.
ANAHEIM agrees to provide each employee in a classification listed in Appendix
"A" with a written performance evaluation at least once annually. Employees shall be
provided a copy of any written review of their performance; shall have the right to
respond in writing to their written performance appraisal; and such responses shall be
placed in the employee's personnel file.
ARTICLE 13 — EMPLOYEE AVAILIBITY AND LEAVES
13.1 ANAHEIM and UNION agree that availability is a condition of employment. Event
part-time employees shall be required to maintain an availability of twenty (20)
hours per week. Regular part-time employees shall be required to maintain an
availability of thirty (30) hours per week. Any employee who does not maintain
his/her availability, does not report as scheduled, or who is otherwise absent without
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leave shall be subject to discipline up to and including dismissal from the
Convention Center.
13.2 ANAHEIM shall provide employees in classifications listed in Appendix "A" of this
MOU with sick leave benefits in accordance with California Labor Code section 246,
except that employees shall be allowed to use up to a maximum of forty-eight (48)
hours of accrued sick leave in a calendar year. It is the responsibility of employees to
adhere to all City and Department policies and regulations regarding attendance and
sick leave. 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.
13.3 ANAHEIM and UNION agree that employees in classifications listed in Appendix
"A" of this MOU shall be provided unpaid leave up to three (3) consecutive work
shifts (within the two (2) weeks immediately following the death) in the event of a
death in their immediate family for the purpose of making funeral arrangements and/or
attending funeral services. "Immediate family" for the purposes of this provision shall
be the employee's spouse, children, grandchildren, parents, grandparents, the parents
of the employee's spouse and the employee's registered domestic partner. As used
herein, "registered domestic partner" means that a Declaration of Domestic Partnership
has been filed with the California Secretary of State.
13.4 ANAHEIM and UNION agree that employees in classifications listed in Appendix
"A" 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 Center
management.
13.5 Leaves taken under the provisions of the federal Family Medical Leave Act and/or
the California Family Rights Act shall be concurrent with any leave entitlement an
employee may have under the provisions of ARTICLE 13.4.
13.6 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 14 — NIILITARY LEAVE
14.1 Military Leave and compensation therefore shall be in accordance with the
provisions of the Military and Veterans Code of the State of California.
14.1.1 Notwithstanding Article 14.1, during any term of deployment, employees shall
be considered to be on leave without pay status (LWOP) and shall accrue no
paid leaves.
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ARTICLE 15 — DRUG AND ALCOHOL TESTING BASED ON REASONABLE
SUSPICION
15.1 It is critical to the public health and welfare and to employees' safety to ensure a drug
and alcohol free work environment. No employee shall report to work while under
the influence of drugs or alcohol or illegal or intoxicating drugs, nor shall any
employee possess, use, or consume alcohol or illegal or intoxicating drugs while on
City time or on City property, or when there is a reasonable expectation of being
called to duty. No employee shall report to work or remain on duty while his/her
ability to perform job duties is impaired due to alcohol or drug use, whether such use
was on duty or off duty.
15.2 Employees taking drugs prescribed by an attending physician must advise their direct
supervisor, before beginning work, of possible side effects of such drugs which could
interfere with the safe and effective performance of duties or 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.
15.3 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.
15.3.1 The term "reasonably believed" as used in ARTICLE 15.3 is a belief based on
objective facts and reasonable inferences drawn from those effects in light of
experience, sufficient to lead a reasonably prudent person to suspect that an
employee is under the influence of drugs or alcohol.
15.3.2 The term "under the influence" as used in ARTICLE 15.3 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.
15.4 Managers and supervisors may request and, if necessary subsequently order upon
concurrence of a second level of supervisor, that an employee submit to a drug and/or
alcohol screening when a manager or supervisor has reasonable suspicion that an
employee is under the influence of illegal or intoxicating drugs 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.
15.4.1 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.
15.5 The supervisor shall advise the employee that he/she has the right to contact a Union
14
representative. However, if a Union representative is not available within thirty (30)
minutes, the employee shall still be required to submit to the drug or alcohol test
without first consulting with a Union representative. The Union representative shall
not impede the City's right to require an employee to submit to an alcohol or drug test.
15.6 All alcohol or controlled substances testing shall comply with the procedures set forth
in the Federal Motor Carrier Safety Regulations Title 49 — Transportation, Chapter III
— Federal Highway Administration Department of Transportation, Part
40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs.)
15.6.1 A positive result from a drug and/or alcohol screening may result in
disciplinary action, up to and including dismissal.
15.6.2 If a drug screen is positive, the employee must provide, within twenty-four
(24) hours of request, bona fide verification of a valid current prescription in
the employee's name for the drug identified in the drug screen. If the
employee does not provide acceptable verification of a valid prescription, or if
the prescription is not in the employee's name, or if the employee has not
previously notified his or her supervisor pursuant to ARTICLE 15.2, the
employee may be subject to disciplinary action, up to and including dismissal.
15.7 An employee who has had a positive result from a drug screening shall undergo a
return -to -duty drug and/or alcohol screening and will not be returned to duty unless
there is a verified negative result for controlled substances or an alcohol
concentration of less than two hundredths (0.02).
15.8 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies, and procedures shall be held strictly confidential.
15.8.1 The drug and/or alcohol screening results will be retained with medical
examination results in a separate location in compliance with the
confidentiality of Medical Information Act, California Civil Code Section 56,
et seq.
15.8.2 The reports or test results may be disclosed to City management on a strictly
need -to -know basis and to the tested employee upon request.
15.8.3 Disclosures, without patient consent, may also occur when: (1) the information
is compelled by law or by judicial or administrative process; (2) the
information has been placed at issue in a formal dispute between the employer
and the employee; (3) the information is to be used in administering an
employee benefit plan; or (4) the information is needed by medical personnel
for the diagnosis or treatment of a patient who is unable to authorize
disclosure.
15
ARTICLE 16 — DISICPLINE
16.1 The tenure of every employee shall be conditioned on good behavior and satisfactory
work performance. An employee may be reduced in salary, suspended, demoted, or
dismissed for good and sufficient cause.
16.1.1 Disciplinary determinations made in accordance with this ARTICLE shall be
governed by the general principles of progressive discipline. In determining
levels of discipline, appropriate consideration shall be given to an employee's
prior disciplinary record and work performance, and shall be
appropriate to the incident or conduct giving rise to the decision to
discipline.
16.2 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
demotion or dismissal; the employee may be suspended without pay. Upon taking
such action a written notification containing a statement of the substantial reasons for
the action shall be filed with the employee and the Human Resources Director. No
employee shall be suspended for more than thirty (30) calendar days at any one time.
16.3 An employee may be demoted or dismissed upon recommendation of a division head
or other appropriate supervisor whenever in the judgment of the appropriate
department head, the employee's work or misconduct so warrants. Upon taking such
action, the Department Head shall file with the employee and the Human Resources
Director a written notification containing a statement of the substantial reasons for the
action and the effective date of the action.
16.4 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:
16.4.1 Provide written notification to the employee of the proposed discipline at least
six (6) working days prior to the date the discipline is proposed to be
implemented. The notification shall include:
16.4.1.1 The discipline that is proposed.
16.4.1.2 The grounds for imposing disciplinary action.
16.4.1.3 The actions, omissions, or conduct of the employee upon
which the proposed discipline is based.
16.4.1.4 An invitation to respond either orally or in writing prior to the
proposed effective date of the discipline.
16
16.4.2 Provide copies of documents considered which support the proposed
discipline.
16.4.3 Provide written notification of the final determination after consideration of
the employee's response or after the opportunity to respond if the employee
chooses not to respond.
16.4.4 ANAHEIM and the UNION recognize and understand that failure to comply
with ARTICLE 16.4 shall not invalidate a disciplinary action, but may result
in penalties upon ANAHEIM, as reflected in decisions of the California
appellate courts.
16.5 ANAHEIM and UNION agree to stipulate to the following submission language
when discipline under this ARTICLE is submitted to an impartial arbitrator: "Was
(name of employee) (suspended, demoted, or dismissed) for good and sufficient cause?
If not, what shall the remedy be?"
16.6 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.
16.6.1 If the employee receives subsequent discipline of same or similar nature
during the timeframe specified within ARTICLE 16.6, the written reprimand
shall remain part of the employee's record/personnel file.
16.6.2 Any discipline relating to harassment, discrimination, and verbal or physical
violence shall be excluded from ARTICLE 16.6.
ARTICLE 17 — INVESTIGATIONS
17.1 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 18 — GRIEVANCE PROCEDURE
18.1 Any grievance or dispute brought forward by the UNION, which may arise out of the
application or interpretation of the terms and conditions of this MOU, shall be settled
in accordance with the procedure set forth below.
18.2 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:
17
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's,
determination shall be delivered in writing within fourteen (14) calendar days
after the administrative review. The Department Head's, or Administrative
Manager's, determination shall be final and binding.
18.3 Employee grievances submitted by UNION to ANAHEIM shall be handled in the
following manner:
18.3.1 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 occurrence 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.
18.3.2 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 Head 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.
18.3.3 Step III. If UNION is not satisfied with the answer to Step Il, 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.
18.3.3.1 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.
18.3.4 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 the
18
provisions herein, and that the laws of the State of California shall be
controlling at all times.
18.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION.
18.5 The parties may mutually agree to submit any grievance or dispute covered under the
provisions of this ARTICLE to non-binding mediation, prior to submission to
arbitration. This language is not intended to impede or delay the arbitration process.
ARTICLE 19 — EMPLOYEE -EMPLOYER COMMITTEE
19.1 A committee shall be formed to discuss employee -employer problems. The
committee shall consist of one (1) UNION representative, one (1) employee from
each department, one (1) management employee, and one (1) 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 20 — WORK ASSIGNMENT
20.1 In the interest of maintaining efficient operations at the Anaheim Convention Center
and to facilitate the assignment of part-time employees in classifications listed in
Appendix "A" to the various events, ANAHEIM and the UNION agree that
appropriate consideration shall be given to the following:
20.1.1 Work opportunities required to maintain an adequate, interested, trained,
available part-time work force.
20.1.2 Employee's record of performance, availability, and seniority (Convention
Center Department date of hire) in that order.
20.1.2.1 Notwithstanding the above, assignments of employees shall not
be made in a capricious or arbitrary manner.
20.1.3 Employees may be temporarily assigned to work in the management
classification of Convention Center Head Usher. Management employees
may be temporarily assigned to work in unit classifications in accordance
with ARTICLE 20.
20.2 On June 30th
of every year, employees may submit a request for their preferred shift
(day, swing or graveyard) which will be considered in making assignments.
Management shall retain the discretion to assign employees to shifts consistent with
the best interest of the operations of the Convention Center and shall also give
consideration to employees' attendance and availability record during the preceding
year.
19
ARTICLE 21— REDUCTION IN FORCE
21.1 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.
21.1.1 When such notice is provided, ANAHEIM and UNION agree to meet and
confer regarding the basis upon which work hours will be reduced or
employees will be laid off. If the parties are unable to come to an agreement
within twenty-one (21) calendar days of the date that ANAHEIM provided
notice under this ARTICLE, employees shall be laid off from their position on
the basis of City seniority, from the least senior to the most senior. "Seniority"
shall be determined on the basis of the employee's hire date without regard to
the number of actual hours worked.
ARTICLE 22 — REINSTATEMENT
22.1 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 tennination
date without re -qualifying for employment by competitive process.
22. 1.1 An employee reinstated within thirty (30) days of his/her termination date shall
be considered to have continuous service and shall not serve a new
probationary period. He/she shall be placed in his/her former salary step and
shall retain his/her record of step hours worked for the purpose of merit pay
increases.
22.1.2 An employee reinstated after thirty (30) days of his/her termination date shall serve a
new probationary period and shall be considered to have broken service for the purpose
of merit pay increases.
ARTICLE 23 — NO STRIKE
23.1 The UNION agrees that under the terms of this MOU, the UNION and/or its members
shall not conduct any strikes, slowdowns, or other work stoppages against ANAHEIM
during the term of this MOU.
ARTICLE 24 — SAVINGS CLAUSE
24.1 The resolution of ANAHEIM shall provide that if any provisions of this MOU or the
Resolution is at any time, or in any way, held to be contrary to any law by a court or
proper jurisdiction, the remainder of this MOU and the remainder of the Resolution
shall not be affected thereby, and shall remain in full force and effect.
20
ARTICLE 25 – DURATION
25.1 The terms of this MOU are to remain in full force and effect until the 6th day of
January, 2022 except that either ANAHEIM or the UNION shall have the right
during the sixty (60) days preceding January 6, 2022, to give written notice to the
other of its desire to meet and confer with respect to the terms and conditions of this
MOU. If new terms and conditions cannot be agreed upon by January 6, 2022, this
MOU shall become null and void. Upon adoption of a Resolution approving this
MOU and the terms hereof 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
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APPENDIX "B" — HEALTH INSURANCE
B 1. ANAHEIM agrees to allow eligible part-time employees working in
classifications represented by the UNION to enroll in ANAHEIM sponsored health
insurance, through an HMO plan (HMO Plan 1). Employees become eligible for
coverage on the first day of the month following one (1) complete calendar month
after appointment to regular part-time status in accordance with ARTICLE 4.7.1.2,
or becoming eligible pursuant to the Affordable Care Act (ACA), and for as long as
they maintain eligibility.
B2. The City agrees to pay a monthly premium not to exceed eighty-eight percent
(88%) of monthly premium, to maintain coverage in the single party HMO Plan
for eligible employees enrolled in the plan prior to September 29, 2000. All
additional premiums shall be the responsibility of the eligible employee.
B3. Employees, who enroll in health insurance on or after September 29, 2000, working
in a classification listed in Appendix "A" who work up to thirty (30) hours per week
on an ongoing basis per ARTICLE 4.7.1.2 or who are eligible pursuant to the
Affordable Care Act (ACA) shall be provided health insurance, through an HMO
Plan, as long as they remain employed'and available to work.
B3.1. Employees eligible for health insurance shall be eligible for an HMO Plan 2
(offered to full time employees) after two (2) years of employment.
B3.2. ANAHEIM's maximum contribution towards an employee's purchase of the
HMO Plans (employee only) is as follows:
The flat -dollar amount equivalent to
75% of the Single Party HMO Plan
HMO Plan 1 2 premium, but in no event less than
the amount required to meet the
affordability standard for coverage
under the ACA.
HMO Plan 2 (full time equivalent) 75% of the Single Party premium.
All additional premiums shall be the responsibility of the eligible employee.
B4. At any time during the term of this Agreement, ANAHEIM and UNION agree to
reopen ARTICLE 10 — Health & Welfare, at the sole discretion of ANAHEIM, as a
result of any changes to the ACA.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-058 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 22nd day of June, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia
and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of June. 2021
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)