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92-055 RESOLUTION NO. 92R- $5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME JOB CLASSIFICATIONS REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION LOCAL NO. 952 AND RESCINDING RESOLUTION NO. 89R-67, AND AMENDMENTS THERETO. WHEREAS, the Labor Relations Director has met and conferred with officials of the General Truck Drivers Union, Local No. 952 to discuss wages and working conditions; and WHEREAS, as a result thereof, the need exists to rescind Resolution No. 89R-67, and amendments thereto, which established rates of compensation for job classifications represented by the General Truck Drivers Union, Local No. 952; and WHEREAS, the City Council of the City of Anaheim does find that establishlog new rates of compensation for these classifications 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 terms and conditions of employment for part-time employees working In job classifications represented by the General Truck Drivers Union, Local No. 952, as defined in the Memorandum of Understanding, attached hereto and incorporated by reference herein, are adopted. BE IT FURTHER RESOLVED that Resolution No. 89R-67, and amendments thereto, are hereby rescinded; and BE iT FURTHER RESOLVED that the effective date of this resolution shall be the 7th day of February 1992. THE FOREGOING RESOLUTION is approved and signed by me this 17th day of Herch , 1992. A~I'EST: Jrj CI~ CLERK OF THE CI~ ~ ANAHEIM A~TANT APP8OV[D AS TO FO~M: STATE OF CALIFORNIA ) COUNTY OF O~NGE ) SS. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-55 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of March, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 92R-55 on the 18th day of March, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of March, 1992. ASSISTANT CI ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant city Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-55 duly passed and adopted by the City Council of the City of Anaheim on March 17, 1992. ASSISTANT CIT CITY OF ANAHEIM MEMORANDUM OF UNDERSTANDING Between the GENERAL TRUCK DRIVERS UNION, LOCAL 952 and the CITY OF ANAHEIM FEBRUARY 7, 1992 thru FEBRUARY 2, 1995 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND GENERAL TRUCK DRIVERS UNION, LOCAL 952 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 General Truck Drivers Union, Local 952, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter called "UNION") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A" at the sporting and other events at Anaheim Stadium and Convention Center, Anaheim, California. The terms and conditions of employment that are set forth in the 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 ternIs 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 further action by either party. ARTICLE I UNION RECOGNITION ANAHEIM hereby recognizes the UNION as the collective bargaining representative for all its members and as the collective bargaining agency concerning the wages, hours and working conditions of employees working at Anaheim Stadium and 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 shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon the request of the employee the UNION shall be kept fully Informed and have the right to be present at all meetings between ANAHEIM and the Individual. -1- ARTICLE II HIRING AND EMPLOYMENT OF EMPLOYEES WORKING DURING SPORTS AND OTHER EVENTS AT ANAHEIM STADIUM AND CONVENTION CENTER Job Bulletins regarding classifications represented by the UNION shall be sent to the UNION during recruitment periods. 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. ANAHEIM agrees once each month to furnish the UNION a list of all persons hired for events at the Stadium and the Convention Center during the previous calendar month. 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. 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 Stadium Department or Convention Center Department, the probationer may be rejected at any time during the probationary period. Such rejections shall not be subject to review er appeal. ANAHEIM agrees that when, after a reasonable effort to correct deficiencies, an employee is to be terminated or not scheduled for work due to unsatisfactory work or lack of availability, ANAHEIM shall notify the employee and the UNION of such action. ANAHEIM has determined that the size and operation of the Stadium and 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. 1. Categories, A. Part-time Employees: This category is limited to employees hired to work an average of less than twenty hours per week on an ongoing basis (maximum 999 hours) In any calendarSfiscal year, The calendar year shall be as defined In Article XII. It is ANAHEIM's intent to pursue obtaining an interpretation of California Public Employees' Retirement Law that will permit using calendar year instead of fiscal year and permit working a maximum of 1039 hours instead of 999. If ANAHEIM succeeds in obtaining such an interpretation, ANAHEIM agrees to amend this paragraph at that time back to a maximum of 1039 hours. B, Part-time - 30 Hour Employees: This category is limited to those employees who on a yearly average work more than twenty hours per week but less than thirty hours per week on an ongoing basis (maximum 1559 hours) in any calendar year. The calendar year shall be as defined in Article XII. 2. The number of positions in each category will vary in accordance with ANAHEIM's requirements and will be established by ANAHEIM. 3. Assignment of personnel to these positions and between these positions will be made by ANAHEIM. Consideration will be given to part-time (999 hour) employees when assigning employees to part-time 30 hours. 4. Employees working in limited employment categories set forth in paragraph 1 are not entitled to any of ANAHEIM'S benefit plans except as set forth in Article XII and Appendix "B" of the Memorandum of Understanding provided, however, that employees assigned to category will be enrolled in the Public Employees Retirement System covering Miscellaneous employees of ANAHEIM. 5. Employees hired or assigned to positions defined in paragraph lB will have the employees 7% contribution to the retirement system paid for by ANAHEIM. ARTICLE III C H E C..___~ ANAHEIM agrees to a check-off for the payment of the regular monthly UNION dues and the regular UNION initiation fee, and to deduct such payments from the wages of all UNION members when authorized to do so by said members, and remit such payments to the UNION in accordance with the terms of signed authorizations of such members. The deduction of such dues and initiation fees by ANAHEIM and the remlttal of same by ANAHEIM to the UNION, shall censfitute payment of said dues and initiation fees by such members of the UNION. 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 pay their monthly dues and regular initiation fee personally to the UNION. ARTICLE IV ADMINISTRATION (a) 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. (b) ANAHEIM recognizes the employees' and the UNION'S right to elect or appoint shop stewards. The UNION agrees to notify ANAHEIM, in writing, as to such shop stewards' identities and of subsequent elections or appointments, if any. The parties agree that employees elected or appointed as shop stewards for and by the UNION shall, nevertheless, be required to and shall work full time in their respective classifications. (c) 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. ARTICLE V CLASSIFICATIONS, WAGES AND HOURS 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. Employees working in classifications listed in Appendix "A" who actually worked one or more four (4) hour minimum events in calendar year 1991 and who are employed during the pay period that includes April 1, 1992 shall be eligible to be paid a one-time payment of $25.00 during that pay period in addition to their regular pay. ARTICLE Vl WORKING CONDITIONS (a) ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear for its employees, without cost to the employees. (b) ANAHEIM shall maintain suitable dressing and break quarters for the use of the employees covered herein. -5- (c) Management of the Stadium and Convention Center will, 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 will be made available to employees at no charge. Anaheim agrees to make reasonable effort to identify additional employee parking. (d) Adequate restroom and locker room facilities shall be provided for all employees. (e) The City will furnish and maintain safety equipment at its facilities. As a continuing portion of its Safety Program, the City agrees to maintain an active City/Union communication of any safety problems noted within the facilities. ARTICLE VII GRIEVANCE PROCEDURE (a) 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 hereinbelow, except a dispute by an applicant regarding employment. (b) Any grievance or dispute as defined under paragraph (a) hereinabove shall be reduced to a written form by the charging party and presented to the other party's authorized representative within fifteen (15) 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. In the event 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. (c) 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. (d) All expenses of an arbitration shall be borne equally by ANAHEIM and the UNION. ARTICLE VIII PREVAILING RATES FOR SUBCONTRACTORS In the event ANAHEIM decides to contract out to a private employer any of the work of the classifications herein covered for events, it is agreed that such contracting of said work shall be made by ANAHEIM only to contractors or employers whose employees are paid the prevailing rates of pay and all other applicable benefits which are provided for In this Memorandum for employees in the specified classifications. ARTICLE IX NO STRIKE The UNION agrees that under the term of this Memorandum the UNION and/or its members shall not conduct any strikes, slowdowns or other work stoppage against ANAHEIM. ARTICLE X WORK ASSIGNMENT In the interest of maintaining an efficient system of operations at Anaheim Stadium and Convention Center and to facilitate the assignment of fluctuating numbers of part-time Parking Lot employees to the various events, ANAHEIM and the UNION agree that appropriate consideration shall be given to the following: '7- 1. Work opportunities required to maintain an adequate, interested, trained, available part-time Parking Lot work force. 2. Employees record of performance, availability and seniority in that order, ARTICLE Xl WORK LOCATION ANAHEIM and the UNION further agree that part-time Parking Lot employees normally assigned to work at one facility will not be ordered to work at another facility except when an insufficient number of part-time Parking Lot employees agree to temporary assignment at the other facility. ARTICLE XII VACATION BENEFIT 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 his/her gross earnings as vacation benefits. The calendar year shall be defined as the period for which wages earned are reported for tax purposes. ARTICLE XIII AGENCY SHOP In the event that this agreement is ratified and signed by the Union prior to March 9, 1989, ANAHEIM agrees to implement an Agency Shop effective February 9, 1990 in accordance with Section 3502.5 of the Government Code effective March 10, 1989. the eligible charities exempt from taxation under 501(C)(3) shall be the American Cancer Society, The American Heart Association, and the American Lung Association. -8- APPENDIX "A" CLASSIFICATIONS, WAGES AND HOURS EVENT EMPLOYEES STADIUM AND CONVENTION CENTER HOURLY PAY RATES CLASSIFICATIONS 02/07/92 02~5/93 02/04/94 Parking Lot Attendant - Stadium $ 7.33 $ 7.53 $ 7.73 Parking Lot Attendant - Convention Center 7,33 7.53 7.73 Parking Lot Attendant - Captain Stadium 8.03 8.23 8.43 Parking Lot Attendant - Captain Convention Center 8.03 8.23 8,43 Parking Lot Cashier ~ Stadium 7.68 7,88 8.08 Parking Lot Cashier - Convention Center 7,68 7,88 8.08 Parking Lot Cashier ~ Captain Stadium 8.38 8.58 8.78 Parking Lot Cashier - Captain Convention Center 8.38 8.58 8.78 2. Personnel newly hired into any classification in Appendix "A" on or after 3/28/86 will be paid an entry level rate amounting to 50 cents per hour less than the rates set forth in the Appendix. This reduced rate will 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 one year. 3. 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 and Christmas Day, employees working in the above classifications shall receive time and one-half ('&) for all hours worked. 4. In the event an employee works separate events at both locations (Anaheim Stadium and Convention Center) on the same day, the aforesaid four hour guarantee shall apply to each of said events. -10- 5. 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 (~&) based on the applicable hourly rates to be computed in quarter hour units. This overtime provisions shall apply whenever an employee shall have actually worked in excess of eight (8) hours in either one or both locations during the same day. For time worked at a Stadium Rock Concert, any employee that works more than four (4) hours shall be guaranteed eight (8) hours. 6. Employees shall be paid time and one-half (¥z) their regular hourly rate for all work performed in connection with the following: Effective February 3, 1995 and thereafter there shall be no time and one-half (~) premium pay for all classifications listed above for Major League Baseball World Series. Major League Baseball All Star Games American League Baseball Play-off Games National Football League Pro-Bowl Games National Football League Division Playoff Games National Football League Conference Championship Games National Football League Super Bowl Major League Baseball World Series - (Until February 2, 1995) 7. In case of rain out or cancellation of event, and if ANAHEIM does not give reasonable notice, either personally or through public communications, ANAHEIM will pay to per diem employees one-half (I/z) day's pay if the employee reports for work and full pay if the gates are open, and to hourly employees two (2) hours' pay if the employee reports for work and four (4) hours' pay if the gates are open. 8. When both Parking Lot Attendants and Parking Lot Cashiers are supervised by a single captain level supervisor, that supervisor will be compensated as a Parking Lot Cashier - Captain. 9. When Parking Lot Cashier is counting money they will be paid $2.00 bonus per event. -11- 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 category 1A Part-time Employees (Article II page 3 of the Memorandum of Understanding between ANAHEIM and the UNION). 3. ANAHEIM and the UNION agree that employees in category lB Part-time thirty (30) hour Employees (Article II page 3 of the Memorandum of Understanding between ANAHEIM and the UNION) are not eligible to participate in the mandatory 457 program. 4. ANAHEIM and the UNION agree that the employer contribution to the plan will be 3.75% of biweekly gross pay. 5. ANAHEIM and the UNION agree that the employee contribution to the plan will be 3.75% of biweekly gross pay. 6. ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as the depository for the Parking Lot employees retirement account, and that all (employee and employer) contributions to this mandatory program will be separately accounted for. 7. ANAHEIM and the UNION agree that Employee and Employer contributions will begin on June 28, 1991 and continue during the life of this agreement. 8. 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. 9. ANAHEIM and the UNION agree that employees will not be removed from the plan, except at such time as the employee is formally removed from the City payroll. -12- 10. 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. 11. Either ANAHEIM or the UNION may, at its sole discretion, terminate this agreement upon 90 days notice to the other party. It being understood that termination of this agreement would result in the implementation of Social Security payments by the employee and the employer as required by Section 3121(b)(7)(F) of the Internal Revenue Code. 952mou -13- ARTICLE XlV SAVINGS CLAUSE The Resolution of ANAHEIM shall provide that if any provision of this Memorandum or the Resolution is at any time, or In any way held to be contrary to any law by any court of proper jurisdiction, the remainder of this Memorandum and the remainder of the Resolution shall not be affected thereby, and shall remain in full force and effect. DURATION The terms of thle Memorandum are to remain in full force and effect until and including the 2nd day of February, 1995, 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 February 2, 1995, and If said schedule of wages and economic benefits cannot be agreed upon by said date, this Memorandum shall become null and void. Upon adoption of a Resolution approving the terms and conditions of this Memorandum by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect. STAFF OF/~ALS. OF THE CITY/~ GENERAL TRUCK DRIVERS UNION -9-