2000-213RESOLUTION NO. 2000R-213
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 PARKING LOT UNIT REPRESENTED
BY THE GENERAL TRUCK DRIVERS UNION, LOCAL 952
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer-
employee relations system for the City; and
WHEREAS, Section 1.06.100 of Chapter 1.06 requires Memorandum of Understanding to
be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of the adoption to
the Memorandum of Understanding executed on September 22, 2000, 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 Representative and the General Truck
Drivers Union, Local 952 on September 22, 2000, as set forth in the document attached hereto
and incorporated by reference herein, be and the same is hereby, approved and that the
effective date of such Memorandum of Understanding shall be July 14, 2000.
BE IT FURTHER RESOLVED that the Resolution No.99R-89 is hereby repealed effective
July 14, 2000.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City
of Anaheim the 10th _day of October, 2000.
MA~//O~R OF THE~AHEIM
ATTEST:
~F THE CITY OF ANAHEIM
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORN~r'
H:~AFFREPXSFI976LN '
MEMORANDUM OF UNDERSTANDING
between the
GENERAL TRUCK DRIVERS UNION,
LOCAL 952
and the
CITY OF ANAHEIM
]uly 14, 2000 through October 2, 2003
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTiCLE 1!
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTiCLE 16
APPENDIX "A"
APPENDIX "B"
TABLE OFCONTENTS
PREAMBLE
UNION RECOGNITION
HIRING & EMPLOYMENT OF EMPLOYEES WORKING IN
THE CONVENTION, SPORTS AND ENTERTAINMENT
DEPARTMENT
CHECK-OFF
ADMINISTRATION
CLASSIFICATIONS, WAGES AND HOURS
WORKING CONDITIONS
GRIEVANCE PROCEDURE
PREVAILING RATES FOR SUBCONTRACTORS
NO STRIKE
WORK ASSIGNMENT
DRUG AND ALCOHOL TESTING BASED ON REASONABLE
SUSPICION
VACATION BENEFIT
AGENCY SHOP
SAVINGS CLAUSE
DURATION
WAGES
DEFINED CONTRIBUTION RETIREMENT PLAN
PAGE
1
2
4
4
5
5
6
7
7
8
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11
11
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12
13
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ARTICLE 1
PREAMBLE
1.1
The wages, hours and conditions of employment that are set forth in this
Memorandum have been discussed and jointly proposed by and between the staff
officials of the City of Anaheim (hereinafter called "ANAHETM'g and the General
Truck Drivers Union, Local 952, affiliated with International Brotherhood of
Teamsters (hereinafter called "UNTON'g and shall apply to all the employees of
ANAHETM working in the classifications set forth in Appendix "A" in the Convention,
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
UNI'ON and the staff officials of ANAHEI'M 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 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 wages, hours
and working conditions of employees working in the Convention, Sports and
Entertainment Department 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 ANAHETM, 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 ANAHETM and the individual.
1
ARTI'CLE 3
HI'R1'NG AND EMPLOYMENT OF EMPLOYEES WORKTNG 1'N THE CONVENTZON,
SPORTS AND ENTERTATNMENT DEPARTMENT
3.1
3ob Bulletins regarding classifications represented by the UNION shall be sent to the
UNION during recruitment periods.
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 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.
3.3
ANAHEIM agrees once each quarter, or upon request, to furnish the UNTON a list of
all persons hired for events at the Convention, Sports and Entertainment
Department.
3.4
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.
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 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.
3.6
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
performance or conduct, or lack of availability, ANAHEIM shall notify the employee
and the UNION of such action. ANAHEIM and the UNION agree those individuals
2
who have had no hours of work in the classifications outlined in Appendix "A" for a
period of nine months shall be separated. ANAHEIM shall notify the employee and
the UNION of such action,
3.7
ANAHE~'H has determined that the size and operation of the Convention, 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.
Accordingly, the following categories are hereby established.
3.7.1
3.7.2
3.7.3
3.7.4
3.7.5
Categories
3.7.1.! 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.
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).
The number of positions in each category will vary in accordance with
ANAHE1~H's requirements and will be established by ANAHEIM.
Assignment of personnel to these positions and between these positions will
be made by ANAHE]~t4. Consideration will be given to Event Part-Time
Employees when assigning employees to Regular Part-Time.
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 13 and Appendix "B" of the Memorandum of
Understanding, provided, however, that employees assigned to
ARTICLE 3.7.1.2 will be enrolled in the Public Employees Retirement System
covering miscellaneous employees of Anaheim.
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.
ARTZCLE 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 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
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 employees, the UNION shall be notified
one (1) week in advance, or as soon as practical, 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 5
ADMINISTRATION
5.1
Union representatives shall be permitted to visit the operations coveted herein for
the purpose of observing conditions under which employees are working, provided
such visit(s) shall not interrupt the work of employees.
4
5.2
ANAHEI'M recognizes the employees' and the UN[ON'S right to elect or appoint shop
stewards. The UNI'ON 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 all regular work in their respective
classifications.
5.3
ANAHEIH shall furnish bulletin board space at a mutually agreeable, specific location
for the purpose of posting notices pertaining to UNION business.
6.1
ARTZCLE 6
CLASSlrFI'CATI'ONSf 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.
7.1
ARTI'CLE 7
WORKI'NG CONDI'TZONS
ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear for its
employees, without cost to the employees.
7.2
7.3
ANAHEIM shall maintain suitable dressing and break quarters for the use of the
employees covered herein.
Management of the Convention, Sports and Entertainment Department will, to the
extent possible, 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 parking, spaces will be made available to employees at no charge,
Anaheim agrees to make reasonable effort to identify additional employee parking.
7.4 Adequate restroom and locker room facilities shall be provided for all employees.
7.5
The City will furnish and maintain safety equipment. As a continuing portion of its
Safety Program, the City agrees to maintain an active City/Union communication of
any safety problems noted.
ARTi'CLE 8
GRI'EVANCE PROCEDURE
8.1
Any grievance or dispute, which may arise out of the application or interpretation of
the terms or conditions of this Memorandum, shall be settled in accordance with the
procedure set forth below, except a dispute by an applicant regarding employment.
8.2
Any grievance or dispute as defined under ARTICLE 8.1 above shall be reduced to a
written form by the charging path/ 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 UNI'ON, selected by the UNION, in an attempt to resolve the
dispute. Tn 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 or any other mutually agreed upon provider.
8.3
An arbitrator's decision shall be final and binding on both parties, it being agreed
that said arbitrator shall have no powers to add to or subtract from the provisions
herein, and that the laws of the State of California shall be controlling at all times.
8.4 All expenses of an arbitration shall be borne equally by ANAHEIM and the UNION.
6
8.5
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 9
PREVAI'LTNG RATES FOR SUBCONTRACTOR~
9.1
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. This Article shall remain in effect through midnight
September 30, 1996.
ARTZCLE 10
NO STRI~KE
10.1
During the term of this Agreement, the UNION agrees that neither the UNION nor its
officers, agents or members will directly or indirectly cause, sanction, permit,
support or engage in any strikes, slowdowns, walkouts, stoppages o~: work or other
concerted interference with ANAHEIM's business or operations.
10.2
The UNION and its officers or officials shall take every reasonable, prompt, and
positive measure within their power to prevent and stop any unauthorized strike,
slowdown, walkout or stoppage of work.
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11.1
ARTICLE 11
WORK ASSIGNMENT
In the interest of maintaining an efficient system of operations in the Convention,
Sports and Entertainment Department 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:
11.1.1 Work opportunities required to maintain an adequate, interested, trained,
available part-time parking lot work force.
11.1.2 Employees' record of performance, availability and seniority, in that order.
ARTICLE '12
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION
12.1
12.2
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 drugs, nor shall any employee
possess, use, or consume alcohol or illegal drugs while on City time or on City
property. No employee shall report to work or remain on dub/while his/her ability
to perform job duties is impaired due to alcohol or drug use, whether such use was
on duty or off dub/.
Employees taking drugs prescribed by an attending physician must advise their
direct supervisor, before beginning work, of possible side effects of such drugs, if
the physician or physician's assistant, 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 employee's ability to safely and
effectively perform assigned duties while using such drugs.
8
12.3
12.4
12.5
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.
12.3.1 The term "reasonable suspicion" as used in ARTICLE 12.3 above is a belief
based on objective facts, sufficient to lead a reasonably prudent person to
suspect that an employee is under the influence of drugs or alcohol.
12.3.2
The term "under the influence" as used in ARTICLE 12.1 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.
Managers and supervisors may 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 drugs and/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.
12.4.1 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 shah be subject to disciplinary action, up to and
including dismissal.
All alcohol or controlled substances testing shall comply with the procedures set
forth in the Federal Motor Carrier Safety Regulations Title 49 - Transportation,
Chapter IIT- Federal Highway Administration Department of Transportation, Part 40
(Procedures for Transportation Workplace Drug and Alcohol Testing Programs.)
12.5.1 A positive result from a drug and/or alcohol screening may result in
disciplinaw action, up to and including dismissal.
9
12.6
12.7
12.5.2 If a drug screen is positive, the employee must provide, within 24 hours of
request, 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 action, 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.
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.
Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies and procedures, shall be held strictly confidential.
12.7.1 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.
12.7.2 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.
12.7.3 Disclosures, without patient consent, may also occur when the information:
(1) is compelled by law or by judicial or administrative process;
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;
10
(4) is needed by medical personnel for the diagnosis or treatment of a
patient who is unable to authorize disclosure.
13.1
ARTI'CLE 13
VACATION BENEFI'T
An employee working in classifications listed in Appendix "A" 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.
14.1
ARTTCLE 14
AGENCY SHOP
In the event that this agreement is ratified and signed by the Union prior to
March9, 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.
15.1
ARTICLE 15
SAVTNGS 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 the law by any
court of proper jurisdiction, the remainder of this Memorandum and the remainder
of the Resolution shall not be affected thereby, and shah remain in full force and
effect.
11
16.1
ARTICLE 16
DURATION
The terms of this Memorandum are to remain in full force and effect until and
including the 2® day of October 2003, 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 2003, and if said schedule of wages and economic
benefits cannot be agreed upon by said date, 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 Anaheim, this Memorandum shall be in full force and
effect.
STAFF OFFICIALS OF THE C1TY OF ANAHEIM,
A Municipal Corporation
Dave Hill
GENERAL TRUCK DRIVERS UNION, Local
No. 952, affiliated with the International
Brotherhood of Teamsters
Robin Herrera
Dated:
Dated:
12
CLASSIFICATIONS
Parking Lot Attendant
Parking Lot Cashier
Parking Lot Captain
APPENDI'X "A"
WAG ES
HOURLY PAY RATES
10/8/99 10/6/00 10/5/01 10/4/02
$8.60 $8.80 $9.06 $9.33
$8.86 $9.19 $9.47 $9.75
$9.59 $9.98 $10.28 $10.59
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 nine months.
2. 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 (1/2) for all hours worked. Effective 2002 on Martin
Luther King, 3r.'s, birthday, employees working in the above classifications shall receive
time and one-half (1/2) for all hours worked.
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.
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 for work.
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APPENDIX "B"
DEFINED CONTRIBUTION RETIRE[4ENT 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 of the
Parking Lot Employees Unit.
ANAHEIM and the UNION agree that mandatory participation is required by all
employees in Article 3.7.1.1 Event Part-Time Employees.
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.
Effective May 10, 1996, after City Council approval of a new Memorandum of
Understanding, ANAHEIM and the UNION agree that the employer contribution to
the plan will cease and the employee contribution to the plan will be 7.5% of bi-
weekly gross pay.
ANAHEIM and the UNION agree that Anaheim shall select a single financial
institution as the depository for the Parking Lot Employees Retirement Account, and
that all employee contributions to this mandatory program will be separately
accounted for.
ANAHEIM and the UNION agree that employee contributions will continue during the
life of this agreement.
ANAHEIiVl and the UNION agree that employees will be fully vested in the benefit at
the time of initial contributions.
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.
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ANAHEIH 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 ANAHE][M or UN~'ON 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 312/. (b)(7)(F) of the Internal
Revenue Code.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-213 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 10th day of October, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 10th day of October, 2000.
CIT~ CLEI~/K (~F :I'HE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-213 was duly passed and adopted by the City Council of
the City of Anaheim on October 10th, 2000.
CITY CLEI~ OF THE CITY OF ANAHEIM