2004-234
RESOLUTION NO. 2004- 234
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 GENERAL TRUCK DRIVERS
UNION, LOCAL 952, AND THE CITY OF ANAHEIM
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer-
employee relations systems for the City; and
WHEREAS, Section 1.06.100 of Chapter 1.06 requires Memoranda 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 the adoption to
the Memorandum of Understanding executed on November 23,2004, between the General
Truck Drivers Union, Local 952 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 General Truck Drivers Union, Local 952 and
the City of Anaheim, executed by the City Management Representatives and the General Truck
Drivers Union, Local 952, on November 23,2004, 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 October 3, 2003 through October 4, 2007.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 14th day of December ,2004, by the following roll call vote:
NOES:
Mayor Pringle, Council Members Sidhu, Galloway, Chavez,
Hernandez
None
AYES:
ABSTAIN:
None
ABSENT:
None
MA
\ .
\.../
F:\OT3428CS.DOC
MEMORANDUM OF UNDERSTANDING
between the
GENERAL TRUCK DRIVERS UNION,
LOCAL 952
a nd the
CITY OF ANAHEIM
October 3, 2003 through October 4, 2007
TABLE OF CONTENTS
PAGE
ARTICLE 1 PREAMBLE 1
ARTICLE 2 UNION RECOGNITION 1
ARTICLE 3 HIRING & EMPLOYMENT OF EMPLOYEES WORKING 2
IN THE CONVENTION. SPORTS AND
ENTERTAINMENT DEPARTMENT
ARTICLE 4 CHECK-OFF 5
ARTICLE 5 ADMINISTRATION 6
ARTICLE 6 CLASSIFICATIONS, WAGES AND HOURS 6
ARTICLE 7 WORKING CONDITIONS 6
ARTICLE 8 DISCUSSION 7
ARTICLE 9 GRIEVANCE PROCEDURE 8
ARTICLE 10 PREVAILING RATES FOR SUBCONTRACTORS 10
ARTICLE 11 NO STRIKE 10
ARTICLE 12 WORK ASSIGNMENT 10
ARTICLE 13 DRUG AND ALCOHOL TESTING BASED ON REASONABLE 11
SUSPICION
ARTICLE 14 VACATION BENEFIT 14
ARTICLE 15 SAVINGS CLAUSE 15
ARTICLE 16 WAGE REOPENER FOR SECURITY GUARDS 15
ARTICLE 17 DURATION 16
APPENDIX A-1f A-2 WAGES 17
APPENDIX A-3 WORKING CONDmONS 19
APPENDIX B DEFINED CONTRIBUTION PLAN 21
ARTICLE 1
PREAMBLE
1.1 The wagesf 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
General Truck Drivers Unionf Local 952f 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" in the Conventionf Sports and Entertainment Department.
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 Resolutionf all the terms and
conditions of this Memorandum 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 wagesf hours and working conditions of employees working in
the Conventionf Sports and Entertainment Department in the classifications
that are set forth in "Appendix A-1" and "Appendix A-2"f to the fullest extent
allowable under California law applying to public employees. As public
employeesf such employees shall have the right to discuss individual problems
of employment with ANAHEIMf provided that upon the request of the
1
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 ANAHEH1 shall be the sole judge of thc tcstingf qu~lification ~nd ~cccpt~ncc
procedures of all applicants for employment and promotion and ANAHEH1
rct~ins the right to rcjcct ~n'f applicant for employmcnt; rROVIDEDf
HO'NEVERf th~t no test or qualification procedurcs utilized by ANAHEI~1 or
refusal to acccpt for employment sh~1I be done to discrimin~te for or ~g~inst
~n ~pplicant bec~use of union or non union membcrship or bccausc of r~cef
colorf crccdf n~tioml originf religious or political affiliation or bclicff scxf agc
or physical dis~bilityf except ','v'hcre agc or lack of physical disability is a bona
fide occuputional qualification.
3.2 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 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
Housing Act and/or Title VII of the Federal statues, because of race, color,
religious, creed, national origin, religious or political affiliation or belief,
ancestry, sexual orientation, physical disability, mental disability, medication
condition, marital status, sex, age, unless based upon a bona fide
2
occuoational qualification or aoolicable security regulations established bv the
United States or the State of California or where the employee because of his
or her mental or ohysical disability or medical condition is unable to oerform
the essential duties even with reasonable accommodation or in a manner that
would not endanger his or her health or safety or the health or safety of
others even with reasonable accommodation
3.3 ANAHEIM agrees once each quarterf or upon requestf to furnish the UNION a
list of all persons hired for events at the Conventionf Sports and
Entertainment Department.
3.4 Employees hired in classifications listed in Appendices}<' "A-1 and A-2" of this
agreement shall be subject to a period of probation consisting of fifty (50)
event days 'vVorked or six (6) monthsf whichever occurs later.
3.5 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
Conventionf Sports and Entertainment Departmentf the probationer may be
rejected at any time during the probationary period. Such rejections shall not
be subject to review or appeal.
3.6 ANAHEIM agrees that whenf after a reasonable effort to correct deficienciesf
an employee is to be terminated or not scheduled for ',vorl< due to
unsatisfactory work performance or conductf or lack of availabilityf ANAHEIM
shall notify the employee and the UNION no less then seven (7) calendar days
prior to taking at such action. ANAHEH1 and the UNION agree those
individu()ls who have h()d no hours of work in the c1()ssifications outlined in
Appendix "A" for a period of nine months sh()lI be separated. ANAHEH4 shall
notify the employee and the UNION of such action.
3
3.7 ANAHEIM has determined that the size and operation of the Conventionf
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 Memorandum of Understanding
between the parties. AccordinglYf 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. Consideration will be given to
Event Part-Time Employees when assigning employees to Regular
Part-Time.
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 ARTICLE B 14 and Appendix "B" of the
Memorandum of Understandingf providedf howeverf that employees
assigned to ARTICLE 3.7.1.2 will be enrolled in the Public Employees
Retirement System covering miscellaneous employees of Anaheim.
4
3.7.5 Employees hired or assigned to positions defined in ARTICLE 3.7.1.2
shall pay 3.75% of the statutory 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 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 feef and to deduct such
payments from the wages of all UNION members when authorized to do so by
said membersf and remit such payments to the UNION in accordance with the
terms of signed authorizations of such members. The deduction of such dues
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 employeesf the UNION shall be
notified one (1) week in advancef or as soon as practicalf 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.
5
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 workingf
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 ANAHEIMf in writingf as
to such shop stewards' identities and of subsequent elections or
appointmentsf if any. The parties agree that employees elected or appointed
as shop stewards for and by the UNION shallf neverthelessf be required to
and shall work all regular work in their respective classifications.
5.3 ANAHEIM shall furnish bulletin board space at a mutually agreeablef specific
location for the purpose of posting notices pertaining to UNION business.
ARTICLE 6
CLASSIFICATIONS. WAGES AND HOURS
6.1 Wages and hours of work for the various classifications shall be as set forth in
"AfT "Appendix A-1fT, "Appendix A-2fT, and Appendix A-3fT attached to this
Memorandum and by this reference made a part hereof.
ARTICLE 7
WORKING CONDITIONS
7.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear
for its employeesf without cost to the employees.
6
7.2 Emoloyees mav '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 oremises on their own time and leave the uniforms in a designated
area for cleaning and laundering bv ANAHEIM. All emplovees must be in
uniforms that are clean, laundered, wrinkle free, and in keeoing with the
professional standards of the Anaheim Convention Center at the start of their
shift.
H-7.3ANAHEIM shall maintain suitable dressing and break quarters for the use of
the employees covered herein.
7-3-7.4 Management of the Conventionf Sports and Entertainment Department willf to
the extent possiblef 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 parkingf spaces will be made available to
employees at no charge. Anaheim agrees to make reasonable effort to
identify additional employee parking.
M 7.5 Adequate restroom and locker room facilities shall be provided for all
employees.
M 7.6 The City will furnish and maintain safety equipment. As a continuing portion
of its Safety Programf the City agrees to maintain an active City/Union
communication of any safety problems noted.
ARTICLE 8
DISCUSSION
8.1 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
7
grievances or arievable issues mav be discussed bv the UNION or ANAHEIM
at either Darty's request.
8.2 A Darty requesting a discussion may orallv or in writing notify the other party
of the subject to be discussed. Thereafter, a meeting shall be DromDtlv
arranged, at which meeting not more than two UNION members and the
business manager or business representative of the UNION may be present.
8.3 If the parties are not able to resolve the issues after three meetings, the
issues will be considered dropped, unless both parties agree to meet
additional times.
8.4 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.
ARTICLE 8 2
GRIEVANCE PROCEDURE
&-19.1 Any grievance or disputef which may arise out of the application or
interpretation of the terms or conditions of this Memorandumf shall be settled
in accordance with the procedure set forth belowf except a dispute by an
applicant regarding employment.
&-2 9.2Any grievance or dispute as defined under ARTICLE &-1 9.1 above shall be
reduced to a written form by the charging party and presented to the other
8
party's authorized representative within fifteen (15) calendar days of the date
of the alleged occurrence or dispute. Thereafterf a representative of
ANAHEIMf selected by the latterf shall meet within fifteen (15) calendar days
of the receipt of the written grievance with an authorized agent of the UNIONf
selected by the UNIONf in an attempt to resolve the dispute. In the event the
parties cannot resolve the dispute to the charging partyfs satisfactionf the
dispute shallf upon the request of either partyf 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 daysf upon request of either party an
arbitrator shall be selected from a list of prospective arbitrators submitted by
the American Arbitration Association or any other mutually agreed upon
provider.
&39.3 An arbitrator's decision shall be final and binding on both partiesf it being
agreed that said arbitrator shall have no powers to add to or subtract from
the provisions hereinf and that the laws of the State of California shall be
controlling at all times.
&49.4 All expenses of an arbitration shall be borne equally by ANAHEIM and the
UNION.
&59.5 The parties may mutually agree to submit any grievance or dispute covered
under the provisions of this ARTICLE to non-binding mediationf prior to
submission to arbitration. This language is not intended to impede or delay
the arbitration process.
9
ARTICLE 9-10
PREVAILING RATES FOR SUBCONTRACTORS
9d-lO.lIn the event ANAHEIM decides to contract out to a private employer any of
the work of the classifications herein covered for eventsf 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 Memorandum for employees
in the specified classifications. This Article shall remain in effect through
midnight September 30f 1996.
ARTICLE *11
NO STRIKE
ffi-1- 11.1During the term of this Agreementf the UNION agrees that neither the
UNION nor its officersf agents or members will directly or indirectly causef
sanctionf permitf support or engage in any strikesf slowdownsf walkoutsf
stoppages of work or other concerted interference with ANAHEIM's business
or operations.
-1{t;..2 11.2The UNION and its officers or officials shall take every reasonablef promptf
and positive measure within their power to prevent and stop any unauthorized
strikef slowdownf walkout or stoppage of work.
ARTICLE H-12
WORK ASSIGNMENT
-!-h-! 12.1 In the interest of maintaining an efficient system of operations in the
Conventionf Sports and Entertainment Department and to facilitate the
assignment of fluctuating numbers of part-time parking lot employees to the
10
various eventsf ANAHEIM and the UNION agree that appropriate
consideration shall be given to the following:
l1.1.112.1.1Work opportunities required to maintain an adequatef interestedf
trainedf available part-time parking lot work force.
11.1.2 12.1.2 Affected Employees' record of performancef availability and
seniorityf in that order. Notwithstanding the preceding sentence, the
assignment of affected employees shall not be made in a capricious
or arbitrary manner.
ARTICLE H 13
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION
H-d- 13.1 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 drugsf nor shall
any employee possessf usef 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
usef whether such use was on duty or off duty.
~ 13.2 Employees taking drugs prescribed by an attending physician must
advise their direct supervisorf before beginning workf of possible side
effects of such drugsf if the physician or physician's assistantf 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 employeefs ability to safely and effectively perform
assigned duties while using such drugs.
11
~13.3 Employees reasonably believed to be under the influence of alcohol or
drugs shall be prevented from engaging in further work and shallf for safety
purposesf be provided transportation from the work site as appropriate.
~ 13.3.1 The term "reasonable suspicion" as used in ARTICLE
-1-2-3 13.3 above is a belief based on objective factsf sufficient to lead
a reasonably prudent person to suspect that an employee is under
the influence of drugs or alcohol.
~ 13.3.2 The term "under the influence" as used in ARTICLE
13.1 above means the employee's ability to perform the functions of
the job is impaired or that the employee's ability to perform his or
her job safely is reduced due to the consumption or use of drugs or
alcohol.
~ 13.4 Managers and supervisors may orderf upon concurrence of a second level
of supervisorf that an employee submit to a drug and/or alcohol screening when a
manager or supervisor has reasonable suspicion that an employee is under the
influence of illegal drugs and/or alcohol while at a work locationf 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.
12.1.1 13.4.1An employee who refuses an order to submit to a drug and/or
alcohol screeningf or to authorize the taking of a samplef or to authorize the
release of the results of the screening to the Cityf or engages in conduct that
clearly obstructs the testing process shall be subject to disciplinary actionf up
to and including dismissal.
~ 13.5 All alcohol or controlled substances testing shall comply with the
procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 -
Transportationf Chapter III - Federal Highway Administration Department of
12
Transportationf Part 40 (Procedures for Transportation Workplace Drug and Alcohol
Testing Programs.)
12.5.1 13.5.1A positive result from a drug and/or alcohol screening may result
in disciplinary actionf up to and including dismissal.
~ 13.5.2If a drug screen is positivef the employee must providef within
24 hours of requestf 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 actionf 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.
~ 13.6 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.
-!2-;-713.7 Information obtained under the provisions of this ARTICLE and the
attendant regulationsf policies and proceduresf shall be held strictly confidential.
~ 13.7.1The 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 Actf California Civil
Code Section 56f et seq.
~ 13.7.2 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.
13
12.7.3 13.7.3 Disclosuresf without patient consentf 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;
(4) is needed by medical personnel for the diagnosis or treatment of
a patient who is unable to authorize disclosure.
ARTICLE -!a 14
VACATION BENEFIT
-1-3-d-14.1 An employee working in classifications listed in Appendices}<' "A-1" or "A-2"
who works eight hundred (800) or more hours in any calendar year shall be paid
three percent (3%) of his/her 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.
~ 14.2 For calendar year 2004 an additional two percent (2) shall be paid as a
signing bonus during the first pay period of the next calendar year.
ARTICLE 14
ACENCY SHOP
1 '1.1 In the event that this agreement is ratified and signed by the Union prior to
~1arch 9f 1989f ANAHEH1 agrees to implement an Agency Shop effective
February 9f 1990f in accordzmce 'Nith Section 3502.5 of the Government Code
effective ~1urch 10f 1989. The eligible charities exempt from taxation under
14
501 (c)(3) shall be the American Cancer Societyf the American Heart
Associ~tionf and the American Lung Association.
ARTICLE lS
SAVINGS CLAUSE
15.1 The Resolution of ANAHEIM shall provide that if any provision of this
Memorandum or the Resolution is at any timef or in any way held to be
contrary to the law by any court of proper jurisdictionf the remainder of this
Memorandum and the remainder of the Resolution shall not be affected
therebYf and shall remain in full force and effect.
ARTICLE 16
WAGE RE-OPENER FOR SECURITY GUARDS
16.1 Effective November L 2005 August L 2006, ANAHEIM and UNION agree to
re-open the agreement for classifications listed in Appendix "A-2" Security
Guards for the purpose of negotiating a wage increase only. Changes
resulting from these negotiations shall be effective January 13 October 6
2006. ANAHEIM and UNION agree that any agreement reached shall be
created by Letter of Understanding and submitted to the affected members
for ratification and the City Council for determination. If no agreement is
reached, ANAHEIM and the UNION shall have the right to use any mutually
agreed upon impasse resolution process authorized by law.
15
have the right to use any mutually agreed upon impasse resolution process
authorized by law.
ARTICLE 17
DURATION
17.1 The terms of this Memorandum are to remain in full force and effect until and
including the 4th day of October 2007 except as to the schedule of wages and
economic benefits which are to be reviewed and subject to discussion during
the SIX1Y (60) DAYS prior to October 4f 2007f and if said schedule of wages
and economic benefits cannot be agreed upon by said datef this
Memorandum shall continue thereafter until terminated or amended in the
course of meet and confer. Upon adoption of a Resolution approving the
terms and conditions of this Memorandum by the City Council of the City of
Anaheimf this Memorandum shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIMf
A Municipal Corporation
GENERAL TRUCK DRIVERS UNIONf Local No.
952f affiliated with the International
Brotherhood of Teamsters
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15
ARTICLE 17
DURATION
17.1 The terms of this Memorandum are to remain in full force and effect until and
including the ~M day of October 2003f 4th day of October 2007 except as to
the schedule of wages and economic benefits which are to be reviewed and
subject to discussion during the SIXTY (60) DAYS prior to October 2003f
October 4, 2007, and if said schedule of wages and economic benefits cannot
be agreed upon by said datef this Memorandum shall continue thereafter until
terminated or amended in the course of meet and confer. Upon adoption of a
Resolution approving the terms and conditions of this Memorandum by the
City Council of the City of Anaheimf this Memorandum shall be in full force
and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIMf
A Municipal Corporation
GENERAL TRUCK DRIVERS UNIONf Local
No. 952f affiliated with the International
Brotherhood of Teamsters
Date
Date
16
APPENDIX "A"
'*\~CES
HOURLY PAY RATES
CLASSIFICATIONS
rarldng Lot Attendant
rarking Lot Cashier
rarl<ing Lot Captain
10/8/99 10/6/00 10/5/01
$&69 $&8G $9-;B6
$&86 ~ $9A7
~ $9;98 $10.28
10/1/02
$9-33
$9;75
$10.59
1. rersonncl nC'/,'ly hired into any classification in Appendix "A" on or after 3/28/86f
'i,'i11 be paid an entry levcl rate amounting to 50 cents per hour less than the rates
set forth in the Appcndix. This reduced rate '.viII continue during the first 100
hours of employment. Thereafterf the rate payable shall be that rate set forth in
Appendix "A". Ne'vVly hired personncl shall be defined as those individuals who
have had no hours of ',vorl< in the classifications outlined in Appendix "A" for a
period of nine months.
2. The hourly rate classifications shall be on a four (1) hour guarantee except when
called in for meetings and training ':.then the guarantee shall be two (2) hours.
For time 'ivorked in excess of the guaranteef employees in said classifications shall
be paid straight time overtime based on the applicable hourly rates to be
computed in qUurter hour units. On Ne'N Yearfs DaYf ~1emorial DaYf
Independencc DaYf Labor DaYf Thanksgiving Day and ChristmaS DaYf employees
'Iv'orl<ing in the above classifications shall rcccive time and one half (1/2) for all
hours ',,\'orked. Effecti'.:e 2002 on ~1artin Luther Kingf Jr.'sf birthda'y'f employees
working in the above classifications shall recei'./e time and one half (1/2) for all
hours '/iorl<ed.
3. For time worked in excess of eight (8) hours per day or forty (10) hours in one
weekf employees shall be paid time and one half (1/2) based on the applicable
hourly rates to be computed in quarter hour units.
17
1. In case of rain out or c~nccllation of an eventf and if ANAHEH1 does not give
reasonable noticef either personally or through public communicationsf ANAHEH1
will pay to hourly employees tvY'o (2) hours pay if the employee reports for work.
APPENDIX "A-I" Wages
Parkina Lot EmDlovees
HOURLY PAY RATES
CLASSIFICA nONS
10/3/2003
10/712005
10/612006
Parking Lot Attendant
$9.61
$9.90
$10.20
Parking Lot Cashier
$10.04
$10.34
$10.65
Parking Lot Captain $10.91 $11.23
Reflects 30/0 waae increases effective 10/3/03, 1017/05 and 10/6/06
$11.57
1. Personnel newly hired into any classification in Appendix "A-1" Parking Lot
Employeesf will be paid an entry-level rate amounting to 50 cents per hour less
than the rates set forth in the Appendix. =Fftfs These reduced rate~ will continue
during the probationary period set forth in Article 3.4. Thereafterf the rate
payable shall be that rate set forth in Appendix "A-1".
APPENDIX "A-2" Wae:es
Security Guards
10/3/2003
12/31/2004
Schedule/steps Hourlv Rates Schedule/steps Hourlv Rates
Part Time Lead Securitv
Guard
1830 D-E
17.43-18.30
1894 D-E
18.04-18.94
Part Time Securitv 1591 D-E 15.15-15.91
Guard
Reflects a 3.50/0 waae increase effective 12/30/2004
1647D-E
15.69-16.47
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1. ANAHEIM AND UNION agree that wages for security guard classifications
reDresented bv UNION shall be based on the following salary relationshiDs:
PART TIME SECURITY GUARD
Part Time Lead Security Guard
1.150 x Part Time Security Guard
APPENDIX "A-3" Workin2 Conditions
Parkina Lot EmDlovees and Security Guards
1. The hourly rate classifications 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 in said
classifications shall be paid straight time overtime based on the applicable
hourly rates to be computed in quarter hour units. On New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, aM
Christmas Day, and Martin Luther Kina, Jr.'s birthday, employees working in
the above classifications shall receive time and one-half (1/2) for all hours
worked. Effecti'le2002 on M~rtin Luther King, Jr.'s birthd~y, employees
working in the ~bove cl~ssific~tions sh~1I receive time ~nd one h~lf (1/2) for ~II
hours .....orked.
2. For time worked in excess of eight (8) hours per day or forty (40) hours in one
week, employees shall be paid time and one-half (1/2) based on the
applicable hourly rates to be computed in quarter hour units.
3. 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.
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APPENDIX "B"
DEFINED CONTRIBUTION RETIREMENT PLAN
1. 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 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. Effective May 10f 1996f after City Council approval of a new Memorandum of
Understandingf 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.
5. ANAHEIM and the UNION agree that Anaheim shall select a single financial
institution as the depository for the Parking Lot Employees Retirement
Accountf and that all employee contributions to this mandatory program will
be separately accounted for.
6. ANAHEIM and the UNION agree that employee contributions will continue
during the life of this agreement.
7. ANAHEIM and the UNION agree that employees will be fully vested in the
benefit at the time of initial contributions.
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8. ANAHEIM and the UNION agree that employees will not be removed from the
planf except at such time as the employee is formally removed from the City
payroll.
9. ANAHEIM agrees that Anaheim will 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.
10. Either ANAHEIM or UNION maYf at its sole discretionf 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.
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