RES-2009-098RESOLUTION NO. 2009 098
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 THE CLASSIFICATIONS
ASSIGNED TO THE TEAMSTERS, LOCAL 952,
AND THE CITY OF ANAHEIM
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 a new
Memorandum of Understanding executed on June 18, 2009, between the Teamsters 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 Teamsters Local 952, and the City of
Anaheim, executed by the City Management Representative and the Teamsters Local 952, on
June 18, 2009, as set forth in the document attached hereto and incorporated by reference
herein, be and the same is hereby, adopted and that the effective date of such Memorandum of
Understanding shall be January 9, 2009 through January 7, 2010.
BE IT FURTHER RESOLVED that Resolution No. 2004R -234 is hereby repealed
effective January 9. 2009.
F:1OT1005SL.DOC
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this ?3rdday of ,T ru. 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY LERK OF THE CITY OF AHEIM
APPROVED AS TO FORM:
CRISTINA TALLEY, CITY ATTORNEY
BY 1 4 4
BY
CITY OF A EIM
MAY OF HE CITY OF AHEI
F:1OT1005SL. DOC
r ■71
MEMORANDUM OF UNDERSTANDING
between the
TEAMSTERS, LOCAL 952
and the
CITY OF ANAHEIM
January 9, 2009 through January 7, 2010
TABLE OF CONTENTS
GENERAL
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 4
ARTICLE 5 ADMINISTRATION 5
ARTICLE 6 DISCUSSION 6
ARTICLE 7 AGENCY SHOP 7
COMPENSATION PAY PROVISIONS
ARTICLE 8 CLASSIFICATIONS, WAGES AND HOURS 8
ARTICLE 9 PREMIUM PAY 8
ARTICLE 10 BILINGUAL PAY 9
ARTICLE 11 HEALTH WELFARE 10
ARTICLE 12 VACATION BENEFIT 10
WORK RULES
ARTICLE 13 WORKING CONDITIONS 10
ARTICLE 14 WORK ASSIGNMENT 12
ARTICLE 15 DISCIPLINE 12
ARTICLE 16 GRIEVANCE PROCEDURE 14
ARTICLE 17 DRUG AND ALCOHOL TESTING BASED ON REASONABLE 15
SUSPICION
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PAGE
MISCELLANEOUS
ARTICLE 18 PREVAILING RATES FOR SUBCONTRACTORS 18
ARTICLE 19 NO STRIKE 18
ARTICLE 20 SAVINGS CLAUSE 19
ARTICLE 21 DURATION 20
APPENDIX A APPENDIX "A" WAGES SPECIAL PROVISION 21
APPENDIX A -1, A -2 WAGES 22
APPENDIX B DEFINED CONTRIBUTION RETIREMENT PLAN 23
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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 "ANAHEIM and the
Teamsters, Local 952, 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 -1" and Appendix "A -2"
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 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 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 -1" and Appendix "A -2 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
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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 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,
creed, national origin, religious or political affiliation or belief, ancestry, sexual
orientation, physical disability, mental disability, medical condition, marital
status, gender, sexual orientation, or age, unless based upon a bona fide
occupational qualification or applicable security regulations established by the
United States or the State of California or where the employee because of his
or her mental or physical disability or medical condition is unable to perform
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 quarter, or upon request, to furnish the UNION a
list of all persons hired for events at the Convention, Sports and
Entertainment Department.
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3.4 Employees hired in classifications listed in Appendix "A -1" or Appendix "A -2"
of this agreement shall be subject to a period of probation consisting of six
(6) months.
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 due to unsatisfactory work performance or
conduct, or lack of availability, ANAHEIM shall notify the employee and the
UNION no less than seven (7) calendar days prior to taking such action.
3.7 ANAHEIM 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 Categories
3.7.1.1 Event Part Time Employees this category is limited to
employees hired to work an average of Tess 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.
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3.7.3 Assignment of personnel to these positions and between these
positions will be made by ANAHEIM. When ANAHEIM determines that
it is in its best interest to make assignments to a Regular Part-Time
position from within, Convention Center management shall:
3.7.3.1 Post a Notice of its intent to make an assignment to a Regular
Part-Time position, and the position's required availability, for a
period of at least fourteen (14) consecutive days.
3.7.3.2 Select the employee to be assigned from those individuals who
request consideration during the posting period. Unless
otherwise indicated on the Notice, assignments shall be made
on the basis of the employee's record of performance,
availability, and seniority, in that order.
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 12 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.
3.7.5 Employees hired or assigned to positions defined in ARTICLE 3.7.1.2
shall pay 4.75% of the statutorily required 8% 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 fee, and to deduct such
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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 covered herein
for the purpose of observing conditions under which employees are working,
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 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.
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5.3 In the event that UNION is formally meeting and conferring with
representatives of ANAHEIM on matters within the scope of representation
during regular Anaheim business hours, a reasonable number of officers, shop
stewards or other representatives of UNION shall be paid their regular hourly
rate of pay when they are attending the meet and confer sessions for any
hours for which they were otherwise scheduled to work.
5.4 ANAHEIM shall furnish bulletin board space at a mutually agreeable, specific
location for the purpose of posting notices pertaining to UNION business.
5.5 ANAHEIM and UNION acknowledge their mutual interest in the success of the
Anaheim Convention Center Labor /Management Committee "LMC and that
success of the LMC depends, in large part, on active participation by
employees. ANAHEIM agrees to pay up to two (2) employees at their regular
hourly rate of pay when they are attending regular LMC meetings. UNION
agrees that time spent outside of scheduled work hours researching LMC
issues or otherwise conducting LMC- related business shall be voluntary and
unpaid.
ARTICLE 6
DISCUSSION
6.1 It is the intent of both parties to maintain an open line of communication for
the betterment of employer employee relations. Any issue not pertaining to
grievances or grievable issues may be discussed by the UNION or ANAHEIM
at either party's request.
6.2 A party requesting a discussion may orally or in writing notify the other party
of the subject to be discussed. Thereafter, a meeting shall be promptly
arranged, at which meeting not more than two UNION members and the
business manager or business representative of the UNION may be present.
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6.3 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.
6.4 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 7
AGENCY SHOP
7.1 Agency shop as used in this herein means an organizational security
agreement as defined in Government Code Section 3502.5.
7.2 Each employee hired on or after August 14, 2009 shall be required, within
forty five (45) days of his or her appointment date, to become a member of
the UNION in good standing, or to pay an agency service fee set by UNION in
accordance with the requirements of Government Code Section 3502.5 and
applicable law. The charitable organizations exempt from taxation under
501(c)(3) of the Internal Revenue Code to which an employee qualifying for
an exemption on religious grounds may contribute in lieu of agency service
fees shall be the American Cancer Society, the American Heart Association,
and the American Lung Association.
7.3 UNION shall comply with applicable law regarding disclosure and allocation of
its expenses, notice to employees of their right to object, provision for agency
fee payers to challenge UNION's determinations of the amounts chargeable
and appropriate escrow provisions to hold contested amounts while the
challenges are underway.
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7.4 ANAHEIM shall upon receipt of notice from the UNION process a mandatory
agency fee payroll deduction in the appropriate amount and forward that
amount to UNION.
7.5 UNION agrees to fully indemnify and defend ANAHEIM and its officers,
employees and agents against any and all claims, proceedings and liability
arising, directly or indirectly out of any action taken or not taken by or on
behalf of ANAHEIM under this Article.
ARTICLE 8
CLASSIFICATIONS, WAGES AND HOURS
8.1 Wages and hours of work for the various classifications shall be as set forth in
Appendix "A -1" and "Appendix "A -2" to this Memorandum and by this
reference made a part hereof.
8.2 The hourly rate 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 shall be paid straight time
based on the applicable hourly rates to be computed in quarter hour units.
ARTICLE 9
PREMIUM PAY
9.1 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.
9.2 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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9.3 On New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and Martin Luther King, Jr.'s birthday,
employees working in the above classifications shall receive time and one -half
(1/2) for all hours worked.
9.4 An employee who works any of the six (6) hours between 11:00 p.m. and
5:00 a.m. shall receive graveyard differential pay at twenty five cents (25)
per hour for each of those hours worked.
ARTICLE 10
BILINGUAL PAY
10.1 The hourly rates listed in Appendix "A -1" or Appendix "A -2" shall be increased
by fifty cents (504) for employees required to speak, read, and /or write in
Spanish or other languages as well as English as part of the regular duties of
their position.
10.2 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual
pay.
10.3 The Human Resources Director shall conduct a test of competency for
employees who have been assigned bilingual duties to certify these
employees eligible for bilingual pay, except that operating departments with
authorized bilingual certifiers may conduct their own test of bilingual
competency and notify the Human Resources Director of the outcome of the
test.
10.4 The effective date of bilingual certification shall be the first day of the pay
period following notification to the Human Resources Director of the passing
of the bilingual test by the employee as provided above. Employees may be
required to undergo a test of continued competency, upon request of the
operating department.
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ARTICLE 11
HEALTH WELFARE
11.1 Employees working in a classification listed in Appendix "A -2" shall be
provided health insurance, through the Kaiser HMO Plan offered to full time
employees, as long as they remain employed and available for work.
Employees shall become eligible for coverage on the first day of the month
following the completion of the probation period as described in Section 3.4 of
the Memorandum of Understanding.
11.2 ANAHEIM's maximum contribution towards an employee's purchase of the
Kaiser HMO Plan (employee only) is as follows:
0 2 years employment 50%
More than 2 years employment 75%
ARTICLE 12
VACATION BENEFIT
12.1 An employee working in classifications listed in Appendix "A -1" or Appendix
"A -2" who works eight hundred (800) or more hours in any calendar year
shall be paid four percent (4 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.
ARTICLE 13
WORKING CONDITIONS
13.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear
for its employees, without cost to the employees.
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13.2 Employees may 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 premises on their own time and leave the uniforms in a designated
area for cleaning and laundering by ANAHEIM. All employees must be in
uniforms that are clean, laundered, wrinkle free, and in keeping with the
professional standards of the Anaheim Convention Center at the start of their
shift.
13.3 ANAHEIM shall maintain suitable dressing and break quarters for the use of
the employees covered herein.
13.4 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.
13.5 Adequate restroom and locker room facilities shall be provided for all
employees.
13.6 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.
13.7 ANAHEIM and UNION agree that regular, formal and informal feedback from
supervisors to employees is critical to good job performance, and that
employees have the right to know how they are performing in relation to
established standards. ANAHEIM agrees to provide each employee in a
classification listed in Appendix "A -1" or Appendix "A -2" with a written
performance evaluation at least once annually. Employees shall be provided a
copy of any written review of their performance, and shall have the right to
respond in writing to their written performance appraisal, such responses to
be placed in the employee personnel file. At the employee's request, a
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written performance appraisal may be reviewed with higher levels of
management in the employee's chain of command.
ARTICLE 14
WORK ASSIGNMENT
14.1 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 employees to the various
events, ANAHEIM and the UNION agree that appropriate consideration shall
be given to the following:
14.1.1 Work opportunities required to maintain an adequate, interested,
trained, available part-time work force.
14.1.2 Affected employees' record of performance, availability and seniority,
in that order. Notwithstanding the preceeding sentence, the
assignment of affected employees shall not be made in a capricious
or arbitrary manner.
ARTICLE 15
DISCIPLINE
15.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. Any employee may be suspended, demoted,
or dismissed for good and sufficient cause.
15.1.1 Disciplinary determinations made in accordance with this Article shall
be governed by the general principals of progressive discipline. In
determining levels of discipline, appropriate consideration shall be
given to an employee's prior disciplinary record and work performance,
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and shall be appropriate to the incident or conduct(s) giving rise to the
decision to discipline.
15.2 When in the judgment of the appropriate division head or other appropriate
manager, an employee's work performance or conduct justifies disciplinary
action short of dismissal; the employee may be demoted or suspended
without pay. Upon taking such action a written notification containing a
statement of the substantial reasons for the action shall be filed with the
employee and the Human Resources Director. No employee shall be
suspended for more than thirty (30) calendar days at any one time.
15.3 An employee may be dismissed upon recommendation of a division head or
other appropriate supervisor whenever in the judgment of the appropriate
department head, the employee's work or misconduct so warrants. Upon
taking such action, the department head shall file with the employee and the
Human Resources Director a written notification containing a statement of the
substantial reasons for the action and the effective date of the action.
15.4 In the disciplinary process, ANAHEIM shall conform to the procedural due
process requirements of Skelly V. State Personnel Board. At such time as
Skelly due process is required, prior to the determination that discipline will be
imposed, the appropriate Department Head or Administrative Manager, at a
minimum shall:
15.4.1 Provide written notification to the employee of the proposed discipline
at least six working days prior to the date the discipline is proposed to
be implemented. The notification shall include:
15.4.1.1 The discipline that is proposed.
15.4.1.2 The grounds for imposing disciplinary action.
15.4.1.3 The actions, omissions, or conduct of the employee upon
which the proposed discipline is based.
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15.4.1.4 An invitation to respond either orally or in writing prior to
the proposed effective date of the discipline.
15.4.2 Provide copies of documents considered which support the proposed
discipline.
15.4.3 Provide written notification of the final determination after
consideration of the employee's response or after the opportunity to
respond if the employee chooses not to respond.
15.4.4 ANAHEIM and the UNION recognize and understand that failure to
comply with ARTICLE 15.4, shall not invalidate a disciplinary action,
but may result in penalties upon ANAHEIM, as reflected in decisions of
the California appellate courts.
15.5 ANAHEIM and UNION agree to stipulate to the following submission language
when discipline under this Article is submitted to an impartial arbitrator: "Was
(name of employee) [suspended, demoted, or dismissed] for good and
sufficient cause? If not, what shall the remedy be
ARTICLE 16
GRIEVANCE PROCEDURE
16.1 Any grievance or dispute brought forward by the UNION, 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.
16.2 Any grievance or dispute as defined under ARTICLE 16.1 above 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
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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 or any other mutually agreed upon
provider.
16.3 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.
16.4 All expenses of an arbitration shall be borne equally by ANAHEIM and the
UNION.
16.5 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 17
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION
17.1 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
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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 duty
while his /her ability to perform job duties is impaired due to alcohol or drug
use, whether such use was on duty or off duty.
17.2 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.
17.3 Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall, for safety
purposes, be provided transportation from the work site as appropriate.
17.3.1 The term "reasonably believed" as used in ARTICLE 17.3 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.
17.3.2 The term "under the influence" as used in ARTICLE 17.1 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.
17.4 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 belief 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.
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17.4.1 An employee who refuses an order to submit to a drug and /or alcohol
screening, or to authorize the taking of a sample, or to authorize the
release of the results of the screening to the City, or engages in
conduct that clearly obstructs the testing process shall be subject to
disciplinary action, up to and including dismissal.
17.5 All alcohol or controlled substances testing shall comply with the procedures
set forth in the Federal Motor Carrier Safety Regulations Title 49
Transportation, Chapter III Federal Highway Administration Department of
Transportation, Part 40 (Procedures for Transportation Workplace Drug and
Alcohol Testing Programs.)
17.5.1 A positive result from a drug and /or alcohol screening may result in
disciplinary action, up to and including dismissal.
17.5.2 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.
17.6 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 Tess than 0.02.
17.7 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies and procedures, shall be held strictly confidential.
17 7.1 The drug and /or alcohol screening results will be retained with medical
examination results in a separate location in compliance with the
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Confidentiality of Medical Information Act, California Civil Code Section
56, et seq.
17.7.2 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.
17.7.3 Disclosures, without patient consent, 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 18
PREVAILING RATES FOR SUBCONTRACTORS
18.1 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.
ARTICLE 19
NO STRIKE
19.1 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,
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permit, support or engage in any strikes, slowdowns, walkouts, stoppages of
work or other concerted interference with ANAHEIM's business or operations.
19.2 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.
ARTICLE 20
SAVINGS CLAUSE
20.1 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 shall remain in full force and effect.
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21.1 The terms of this Memorandum are to remain in full force and effect until and
including the 7 day of January, 2010 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 January 7, 2010 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 CITY OF ANAHEIM, TEAMSTERS, Local No. 952, affiliated with
the International Brotherhood of Teamsters
A Municipal Corporation
C
Date
ARTICLE 21
DURATION
20
Date
APPENDIX "A" WAGES
SPECIAL PROVISION
1.0 ANAHEIM and UNION agree that if any full -time employee organization is
granted a general wage increase effective within eighteen (18) months of the
expiration of their current Memorandum of Understanding, employees working in
classifications listed in Appendix "A -1" or Appendix "A -2" Wages shall receive a
general wage increase effective January 9, 2009, equal to the percentage increase in
the CPI -W for the Los Angeles- Riverside Orange County index for the most recent
twelve (12) month period or, 3 whichever is greater. This provision shall not
apply in the event the Anaheim Firefighters Association is awarded a general wage
increase as the result of an interest arbitration decision.
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APPENDIX "A -1" Wages
Parking Lot Employees
HOURLY PAY RATES
CLASSIFICATIONS 10/5/2007
Parking Lot Attendant $10.61
Parking Lot Cashier $11.08
Parking Lot Captain $12.03
1. Personnel newly hired into any classification in Appendix "A -1" Parking Lot
Employees, will be paid an entry-level rate amounting to .50 cents per hour less
than the rates set forth in the Appendix. These reduced rates will continue
during the probationary period set forth in Article 3.4. Thereafter, the rate
payable shall be that rate set forth in Appendix "A -1
APPENDIX "A -2" Wages
Security Guards
2/8/2008
Schedule /steps
Part Time Lead Security 2095 8 -9
Guard
Hourly Rates
$19.95 $20.95
$17.35 $18.22
Part Time Security Guard 1822 8 -9
1. ANAHEIM AND UNION agree that wages for security guard classifications
represented by UNION shall be based on the following salary relationships:
PART TIME SECURITY GUARD
Part Time Lead Security Guard 1.150 x Part Time Security Guard
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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. 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.
5. ANAHEIM and the UNION agree that employee contributions will continue
during the life of this agreement.
6. ANAHEIM 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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8. ANAHEIM agrees to 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.
9. Either ANAHEIM or 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.
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