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92-054 RESOLUTION NO. 92R- 54 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 HOSPITAL & SERVICE EMPLOYEE UNION, LOCAL NO. 399 AND RESCINDING RESOLUTION NO. 89R-66, AND AMENDMENTS THERETO. WHEREAS, the Labor Relations Director has met and conferred with officials of the Hospital & Service Employee Union, Local No. 399 to discuss wages and working conditions; and WHEREAS, as a result thereof, the need exists to rescind Resolution No. 89R-66, and amendments thereto, which established rates of compensation for job classifications represented by the Hospital & Service Employee Union, Local No. 399; and WHEREAS, the City Council of the City of Anaheim does find that establishing 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 Hospital & Service Employee Union, Local No. 399, as defined in the Memorandum of Understanding, attached hereto and incorporated by reference herein, are adopted. BE IT FURTHER RESOLVED that Resolution No. 89R-66, and amendments thereto, are hereby rescinded; and BE IT FURTHER RESOLVED that the effective date of this resolution shall be the 7th day of February 1992.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 ]7th day of Hatch , 1992. MAY~OR OF THE CITY OF ANAHI~M A~-t'F. ST: CITY CLERK OF THE CiTY~F ANAHEIM ASSISTANT APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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-54 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-54 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 CIT OF 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-54 duly passed and adopted by the City Council of the City of Anaheim on March 17, 1992. MEMORANDUM OF UNDERSTANDING Between the HOSPITAL AND SERVICE EMPLOYEES' UNION, LOCAL 399 and the CITY OF ANAHEIM FEBRUARY 7, 1992 THRU FEBRUARY 2, 1995 MEMORANDUM OF UND_ERSTANDING Between the HOSPITAL AND SERVICE EMPLOYEES' UNION, LOCAL 399 ~nd the_ CITY OF ANAHEIM 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 Hospital and Service Employees' Union, Local 399, affiliated with the Service Employees' International Union, AFL-CIO (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 all other events at Anaheim Stadium and the Anaheim Convention Center at Anaheim, California. The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between the staff officials of ANAHEIM and the UNION and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum shall become effective without any further action by either party. ARTICLE I UNION RECOGNITION 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 Anaheim Stadium and at the Convention Center in the classifications that are set forth in Appendix "A", to the fullest extent allowable under California law applying the 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 tile employee, the UNION shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. In the event any grievance with an employee Involves the Interpretation of the MEMORANDUM, ANAHEIM agrees to inform the UNION and the UNION shall have the right to be present and participate in any meetings or resolution of such a grievance. 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 nonunion 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. 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 Stadium - Post card mailing and when evaluations occur. * 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 XIII. -2- 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 toontis. 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 or Convention Center Department, the probationer may be rejected at any time during the probationary period. Such rejections shall not be subject to review or appeal. ANAHEIM has determined that the size and operation of the Stadium and Convention Center has developed to the point that there is s 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 limiled to employees hired to work an average of less than t~venty hours per week on an ongoing basis (maximum 999 hours) in any calendar/fiscal year. The calendar year shall be as ~ defined in Article XV. 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. -3- 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 not more than thirty hours per week on an ongoing basis (maximum 1560 hours) in any calendar year. The calendar year shall be as defined in Article XV. 2. The number of positions in each category shall vary in accordance with ANAHEIM'S requirements and shall be established by ANAHEIM. 3. Assignment of personnel to these positions and between these positions shall be made by ANAHEIM In accordance with Article XlII paragraph (b) of the Memorandum of Understanding. 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 XV, Appendix B, and Appendix C of the Memorandum of Understanding provided, however, that employees assigned to category lB shall be enrolled In the Public Employees Retirement System covering Miscellaneous employees of ANAHEIM. 5. Employees hired or assigned to positions defined in paragraph lB shall have the employees 7% contribution to the retirement system paid for by ANAHEIM. ARTICLE III CHECK-OFF 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. '4- 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 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 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 full-time in their respective classifications. It is further agreed that employees appointed shop stewards by the UNION shall not be discriminated against in work assignments because of such appointment. (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. (d) ANAHEIM shall annually, on or before May 1st, furnish the UNION a list of all employees In classifications listed in Appendix "A", including date of hire. ARTICLE 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. -5- Employees working in classifications listed in Appendix "A" who worked five hundred (500) or more hours 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 In the amount listed below during that pay period in addition to their regular pay. Part-time Employees $50.00 Pert-time 30 hour Employees $75.00 ARTICLE VI WORKING CONDITIONS (a) ANAHEIM agrees to furnish and maintain uniforms for its employees in classifications listed In Appendix "A" except Sweeper and Cleaner Set-Up Worker withot~t cost to the employees. The shirts shall not be considered part of the uniform and, if they are furnished, shall be solely at the discretion and convenience of ANAHEIM. (b) ANAHEIM shall maintain suitable dressing and break quarters for the use of the employees covered herein. A committee shall be formed with representatives of both ANAHEIM and the UNION to resolve the smoking/no smoking issue. (c) Management of the Stadium and 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. (d) Adequate restroom and locker room facilities shall be provided for all employees. (e) ANAHEIM shall provide flashlights to employees when ANAHEIM determines flashlights are required In the performance of the employees' work. -6- (f) Upon request, the City of Anaheim shall provide rain gear to employees who are required to work outdoors during inclement weather. ARTICLE VII HEALTH AND WELFARE Employees working in classifications listed in Appendix "B" shall be provided Health and Welfare benefits in accordance with the provisions of Appendix "B" attached hereto. ARTICLE VIII 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 immediately herelnbelow except a dispute by an applicant regarding employment. In the event the grievance or dispute requires an expeditious resolution based on a pending event at either the Anaheim Stadium or Convention Center, the UNION, by written notice to ANAHEIM, may request an immediate meeting with representatives of ANAHEIM and upon receiving such written notice, representatives of ANAHEIM shall be available to meet with representatives of the UNION within forty-elght (48) hours after receipt of the written notice. (b) Any grievance or dispute as defined under paragraph (a) hereinabove shall be reduced to written form by the charging party and be presented to the other party's authorized representative within thirty (30) calendar days of the date of the alleged occurrence or dispute. Thereafter, a representative of ANAHEIM, selected by the latter, shall meet within fifteen (15) calendar days of the receipt of the written grievance with an authorized agent of the UNION, selected by the UNION, in an attempt to resolve the dispute. -7- in the event that the parties cannot resolve the dispute to the charging party's satisfaction, the dispute shall, upon the request of either party be referred within thirty (30) calendar days to an impartial arbitrator for a final and binding decision. In the event the parties are unable to agree upon the selection of such impartial arbitrator within ten (10) calendar days, upon request of either party an arbitrator shall be selected from a list of prospective arbitrators submitted by the American Arbitration Association. (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 any arbitration shall be borne equally by ANAHEIM and the UNION. ARTICLE IX 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 public events, it is agreed that such contracting of said work shall be made by ANAHEIM only to contractors or employers whose employees are paid the prevailing rates of pay and all other applicable benefits which are prevlded for in the Memorandum for employees in the specified classifications. ARTICLE X NO STRIKE The UNION agrees that under the terms of this Memorandum, the UNION and/or its members shall not conduct any strikes, slowdowns or other work stoppages against ANAHEIM during the term of this Memorandum. -8- ARTICLE XI EMPLOYEE-EMPLOYER COMMI'Iq'EE A committee shall be formed to discuss employee-employer problems. The committee shall consist of one UNION representative, one employee from each department, one management employee, and one Labor Relationa 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 Xll STADIUM ROCK CONCERT SECURITY ANAHEIM recognizes Its' responsibility to assure the safety of employees represented by the UNION at Stadium Rock Concerts and assures the UNION that reasonable securit~ measures shall be taken at such events. ARTICLE Xtll WORK ASSIGNMENT In the Interest of maintaining an efficient system of operations at Anaheim Stadium and 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: (a) Work opportunities required to maintain an adequate, interested, trained, available part-time work force. (b) Employee'e record of performance, availability, and seniority (Stadium or Convention Center Department date of hire) In that order. (c) Employees may be temporarily assigned to work in the management classifications of Stadium Head Usher, Stadium Head Ticket Taker, Convention Center Head Usher, Assistant Box Office Treasurer and Box Office Treasurer. Management employees may be temporarily asslgned to work in unit classifications in accordance with Article Xlll. -9~ ARTICLE XIV MILITARY LEAVE Military Leave and compensation therefore shall be in accordance with the provisions of the Military and Veterans Code of the State of California. ARTICLE XV 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 their gross earnings as vacation benefits. The calendar year shall be defined as the period for which wages earned are reported for tax purposes. ARTICLE XVI SAVINGS CLAUSE The resolution of ANAHEIM shall provide that if any provisions of this Memorandum or the resolution Is at any time, or In any way, held to be contrary to any law by a court of proper jurisdiction, the remainder of this Memorandum and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE XVII DURATION The terms of this Memorandum are to remain in full force and effect until the 2nd day of February 1995, except that either ANAHEIM or the UNION shall have the right during the sixty (60) days preceding February 2, 1995, to give written notice to the other of its desire to meet and confer with respect to the terms and conditions of this Memorandum. If new terms and conditions cannot be agreed upon by February 2, 1995, this Memorandum shall become null and void, Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Anaheim, this Memorandum shall be In full force and effect. APPENDIX "A" ANAHEIM STADIUM HOURLY PAY RATES CLASSIFICATION 02/07`//92 02._~ 02/04`/94 Usher - Stadium $ 7.27 $ 7.47 $ 7.67 Director A - Stadium 7.67 7.87 8.07 Director B - Stadium 7.52 7.72 7.92 Usher Captain - Stadium 8.27 8.47 8.67 Press or Employee Gate Attendant - Stadium 7.99 8.19 8.39 Ticket Taker - Stadium 7.76 7.96 8.16 Gate Captain - Stadium 8.11 8.31 8.51 Ticket Seller (GA) - Stadium 8.52 8.72 8.92 Ticket Seller (Res & Box) - Stadium 8.90 9.10 9.30 Ticket Seller (Exchange) - Stadium 8.78 8.98 9.18 Money Counter - Stadium (5 hr mln) 9.75 9.95 10.15 Elevator Operator - Stadium 7.34 7.54 7.74 Part-Time Janitor - Stadium 7.52 7.72 7.92 Sweeper - Stadium 7.37 7.57 7.77 Maid - Stadium 7.37 7.57 7.77 Porter - Stadium 7.37 7.57 7.77 Ticket Clerk - Stadium 7.98 8.18 6.38 Ticket Seller Advance - Stadium 9.20 9.40 9.60 Nurse - Stadium 12.50 12.70 12.90 Lead Nurse - Stadium 13.25 13.45 13.65 ANAHEIM STADIUM Non-Field Events (Events that use only the Exhibit Hall space inside the Stadium) HOURLY PAY RATES CLASSIFICATION .02,/07/92 Q~/05,/93 02/04/94 Usher - NFE $ 6.94 $ 7.14 $ 7.34 Tenant Security Director - NFE 7.40 7.60 7.80 Usher Captain - NFE 7.94 8.14 8,34 Ticket Taker - NFE 7.48 7.68 7.88 Gate Captain - NFE 7.75 7.95 8.15 Ticket Seller (GA) - NFE 8,12 8.32 8.52 Ticket Seller (Res & Box) - NFE 8.43 8.63 8.83 Money Room Attendant - NFE (5 hr mln) 9.85 10.05 10.25 Cleaner Set-Up Worker - NFE 7.37 7.57 7.77 Part-Time Janitor - NFE 7.52 7.72 7,92 Maid - NFE 7.37 7.57 7.77 Porter - NFE 7.37 7.57 7.77 Ticket Clerk - NFE 7.60 7.80 8.00 Ticket Seller Advanced - NFE 8,99 9.19 9.39 Nurse - NFE 12.50 12.70 12.90 Lead Nurse - NFE 13.25 13.45 13.65 -12- 1, All classifications listed on an hourly basis shall be paid such rate for hours worked with a four hour guaranteed minimum per event except as noted above, Said work period is not restricted to any specific hours, but shall be as required by ANAHEIM for each event. Pay for more than the minimum shall be compensated In fifteen (15) minute increments. 2. Personnel newly hired Into any classification in Appendix "A" shall be paid an entry level rate amounting to 50¢ per hour less than the rates set forth in the Appendix. This reduced rate shall continue during the first 400 hours of employment. Thereafter, the rate payable shall be that rate set torth In Appendix "A". Newly hired personnel shall be defined as those individuals who have no hours of work in the classifications outlined In Appendix "A" for a period of one year. 3. All classifications listed above shall also be entitled to the following in accordance with existing policy as of February 22, 1989. Effective February 3, 1995 and thereafter there shall be no time and one-half premium pay for all classifications listed above during Major League Baseball World Series and American League Baseball Play-off Games. Major League Baseball All Star Games - Time and one-half National Football League Pro-Bowl Games - Time and one-half National Football League Division Playoff Games - Time and one-half National Football League Conference Championship Games - Time and one-half National Football League Super Bowl - Time and one-half Major League Baseball World Series (Until February 2, 1995) - Time and one-half American League Baseball Play-off Games (Until February 2, 1995) - Time and one-half 4. On New Year'e Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, employees working in the above classifications shall receive pay at a rate of one and one-half times the rate specified above. -f3- 5. In case of rain out or cancellation of event and if ANAHEIM does not give reasonable notice, either personally or through public communications, the above classification employees shall receive two (2) hours' pay if the employee reports for work and four (4) hours' pay if the gates are open. 6. For the events where the four hour minimum rates are applicable for Crowd Control employees, they shall be paid for such four hour minimum rate for each separate event which they work In any day. 7, The classification and rates of "Part-time Janitor" above shall apply only to (1) employees assigned to the "Task Force', and (2) employees regularly assigned to perform janitorial functions at specific office locations at Anaheim Stadium. Janitorial type functions or services rendered In all other areas shall be performed by Porters, Sweepers and Maids and they shall be paid at the applicable rate for their respective classifications. In the event ANAHEIM assigns Sweepers, Porters or Maids to perform janitorial type work in the same specific office locations, employees so assigned shall be paid the "Pad-time Janitor' rate of pay for each hour or quarterly fraction thereof that they perform work in these specific locations. 8. If leadworkers are used by ANAHEIM in any of the above hourly classifications, they shall receive an additional 60¢ per hour. 9. In the event ANAHEIM assigns Sweepers to operate Scrubmobiles and Power Sweepers, employees so assigned shall receive a premium in the amount of 15¢ per hour above their regular hourly rate of pay for each hour or quarterly fraction thereof that they perform such assignments. 10. Employees working in classifications listed in Appendix "A" shall be paid at a rate one and one-half times their regular hourly rate for all hours in excess of eight (8) at a single event or forty (40) in any one work week. 11. Employees assigned as Fire Door Attendants shall be paid the Usher rate of pay. -14- 12. Employees assigned to protect exhibitors' property shall receive the Tenant Security Director rate of pay for Exhibit Hall events and the Director B rate of pay for all other events. 13. Ticket Seller classes listed above working on an event basis shall receive an additional $3.00 per event for national competition professional double headers, 14. At such time as ANAHEIM determines that it is in the best Interest of the City to assign supervisory responsibility over leadworkers receiving the additional 60~ per hour as provided In the Paragraph 8, such supervisory employees shall receive 60~ per hour more than the leadworkers supervised. 15. In the event an employee Is called in for meetings and/or training. the guarantee shall be two (2) hours. 16. Employees called to work less than twenty-four (24) hours prior to an event and who are not available, shall not have their lack of availability counted against them, APPENDIX "A" CONVENTION CENTER HOURLY PAY RATES CLASSIFICATION 02 0__]~Z~ 02/05/93 02/04/9~4 Usher - Convention Center $ 6.94 $ 7.14 $ 7.34 Tenant Securtty Director - Convention Center 7.40 7.60 7.80 Usher Captain - Convention Center 7.94 8.14 8.34 Ticket Taker - Convention Center 7.48 7.68 7.88 Gate Captain - Convention Center 7.75 7.95 8.15 Ticket Seller (CA) - Convention Center 8.12 8,32 8.52 Ticket Seller (Res & Box) - Convention Center 8.43 8~63 8.83 Money Room Attendant - Convention Center (5 hr min) 9.85 10,05 10.25 Cleaner Set-Up Worker - Convention Center 7.37 7,57 7.77 Part-Time Janitor - Convention Center 7.52 7.72 7.92 Maid - Convention Center 7.37 7.57 7.77 Porter - Convention Center 7.37 7.57 7.77 Ticket Clerk - Convention Center 7.60 7.80 8.00 Ticket Seller Advanced - Convention Center 8,99 9.19 9.39 Nurse ~ Convention Center 12.50 12.70 12,90 Lead Nurse- Convention Center 13.25 13.45 13.65 -15- Cleaner Set-Up Worker (30 hour) - Convention Center shall receive an additional 20¢ per hour upon appointment to 30 hour status and an additional 20¢ per hour on each anniversary of the appointment to 30 hour status until such additional wages are $1.00 above the Cleaner Set-Up Worker rate listed in Appendix "A" above. Cleaner Set-Up Workers who are presently (at the time this agreement is signed) assigned to 30 hour status shall receive the first 40¢ per hour effective February 24, 1989 and two subsequent 30¢; per hour increases effective February 9, 1990 and February 8, 1991, until such differential adjustments are $1.00 above the Cleaner Set Up Worker rate listed In Appendix "A" above. 1, All classifications listed on an hourly basis shall be paid such rate for hours worked with a four hour guaranteed minimum per event except as noted above. Said work period Is not restricted to any specific hours, but shall be required by ANAHEIM for each event. Any pay for more than the minimum shall be compensated in fifteen (15) minute increments. 2. Personnel newly hired into any classification in Appendix "A" shall be paid an entry level rate amounting to 50¢ per hour less than the rates set forth in the Appendix. This reduced rate shall continue during the first 400 hours of employment. Thereafter, the rate payable shall be that rate set forth in Appendix "A". Newly hired personnel shall be defined as those individuals who have had no hours of work in the classifications outlined in Appendix "A" for a period of one year. 3. On New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, employees working In the above classifications shall receive pay at a rate of one and one-half times the rate specified above. 4. In case of cancellation of event, and if ANAHEIM does not give reasonable notice, either personally or through public communications, ANAHEIM shall pay to Crowd Control employees as follows: two (2) hours' pay if the employee reports for work; and four (4) hours' pay if the gates are open. 5. For the events where the four hour minimum rates are applicable for Crowd Control employees, they shall be paid for such four hour minimum rate for each separate event which they work In any day. -16- 6. The classification and rates of "Part-time Janitor" above shall apply only to (1) employees assigned to the 'q'ask Force" and (2) employees regularly assigned to perform janitorial functions at specific office locations at Anaheim Convention Center. Janitorial type functions or services rendered in all other areas shall be performed by Cleaner Set-Up Workers, Porters, and Maids and they shall be paid at the applicable rate for their respective classifications. In the event ANAHEIM assigns Cleaner Set-Up Workers, Porters or Maids to perform Janitorial type work in the same specific locations, employees so assigned shall be paid the "Part-time Janitor" rate of pay for each hour or quarterly fraction thereof that they perform work in these specific locations. 7. If leadworkers are used by ANAHEIM in any of the above hourly classifications, they shall receive an additional 60¢. 8. Employees working in classifications listed in Appendix "A" shall be paid at a rats one and one-half times their regular hourly rate for all hours in excess of eight (8) for a single event or forty (40) In any one work week. 9. Employees assigned as Fire Door Attendants shall be paid the Usher rate of pay. 10. Employees assigned to protect exhibitors' property shall receive the Tenant Security Director rate of pay. 11. At such times as Anaheim determines that it is in the best interest of the City to assign supervisory responsibillty over leadworkers receiving the additional 60¢ per hour as provided In the Memorandum of Understanding, ANAHEIM and the UNION agree that such supervisory employees shall receive 60¢ per hour more than the leadworkers supervised. 12. In the event an employee is called in for meetings and/or training, the guarantee shall be two (2) hours. 13. Ticket Seller Advance - Convention Center selling only Stadium Events shall receive Ticket Seller Advance - Stadium rate of pay. -17- APPENDIX "B" HEALTH AND WE_LFARE The City agrees to pay a monthly premium not to exceed 88% of monthly premium, to maintain coverage in the Single Party Kaiser "Q" Plan for eligible employees, All additional premium shall be the responsibility of the eligible employee. Employees with part-time 30 hour status shall be provided health and welfare benefits as long as they remain employed and are available to work up to 1560 hours per year, and are working In the following classifications: Cleaner Set-Up Worker Maid Part-time Janitor Porter Sweeper Ticket Clerk Ticket Seller Advanced Lead Nurse Employees become eligible for coverage on the first day of the month following one complete calendar month upon appointment to an eligible classification listed above. APPENDIX "C" DEFINED CONTRIBUTION--RETIREMENT PLAN ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the vehicle for a permitted defined contribution retirement plan for eligible employees in the Stadium and Convention Center Unit of Representation. 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). ANAHEIM and the UNION agree that employees in category lB Part-time thirty (30) hour Employees (Article II page 4 of the Memorandum of Understanding between ANAHEIM and the UNION) are not eligible to participate in the mandatory 457 program. ANAHEIM and the UNION agree that the employer contribution to the plan will be 3.75% of biweekly gross pay. ANAHEIM and the UNION agree that the employee contribution to the plan will be 3.75% of biweekly gross pay. ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as the depository for the Stadium and Cor]vention Center Part-time '~" Employees Retirement Account, and that all (employee and employer) contributions to this mandatory program will be separately accounted for. ANAHEIM and the UNION agree that Employee and Employer contributions will begin on June 28, 1991 and continue during the life of this Appendix "C" agreement. ANAHEIM and the UNION agree that employees will be fully vested in the benefit (both employee and employer contributions) at the time of initial contributions. -19- ANAHEIM agrees that, Anaheim will develop and adopt such amendments to the 457 plan, necessary to ensure compliance with Internal Revenue Service regulations and rulings at such time as they are issued. Either ANAHEIM or the UNION may, at its sole discretion, terminate this Appendix"C" 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. 399MOU -20- STAFF O~/ClALS OF THE CITY. O[~ HOSPITAL AND SERVICE EMPLOYEES' UNION Local N~. 399 By /~ By B - By Dated: '~ l '~ Dated: ~ -~ - ~ 2-- -11-