RES-2009-050RESOLUTION NO. 2009- 050
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ADOPTING A MEMORANDUM
OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS
OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS
ASSIGNED TO THE SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 1877. 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 Memoranda of
Understanding to be presented to the City Council for determination; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding executed on March 27, 2009, between the Service Employees
International Union, Local 1877 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 Service Employees International
Union, Local 1877, and the City of Anaheim, executed by the City Management Representative
and the Service Employees International Union, Local 1877, on March 27, 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BE IT FURTHER RESOLVED that Resolution No. 2003R -234 is hereby repealed
effective January 9, 2009.
F: \OT1007C .DOC
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 31 st day of March 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES
NONE
ABSENT: NOS
ABSTAIN NONE
ATTEST
CITY C ERK OF THE CITY OF ANAHEIM
BY
L.,
BY
APPROVED AS TO FORM:
CRISTINA TALLEY, ACTING CITY ATTORNEY
CITY NAHEIM
F 1OT1007C DOC
MEMORANDUM OF UNDERSTANDING
between the
SERVICE EMPLOYEES' INTERNATIONAL
UNION, LOCAL 1877
and the
CITY OF ANAHEIM
January 9, 2009 through January 7, 2010
TABLE OF CONTENTS
PAGE
GENERAL
ARTICLE 1 PREAMBLE 1
ARTICLE 2 UNION RECOGNITION 1
ARTICLE 3 DISCUSSION 2
ARTICLE 4 AGENCY SHOP 2
ARTICLE 5 HIRING EMPLOYMENT OF EMPLOYEES WORKING 3
IN THE CONVENTION CENTER, SPORTS AND
ENTERTAINMENT DEPARTMENT
ARTICLE 6 CHECK -OFF 5
ARTICLE 7 ADMINISTRATION 6
COMPENSATION PAY PROVISIONS
ARTICLE 8 CLASSIFICATIONS, WAGES AND HOURS 7
ARTICLE 9 PREMIUM PAY 8
ARTICLE 10 HEALTH AND WELFARE 9
ARTICLE 11 VACATION BENEFIT 9
WORK RULES
ARTICLE 12 WORKING CONDITIONS 10
ARTICLE 13 DRUG AND ALCOHOL TESTING BASED ON REASONABLE 11
SUSPICION
ARTICLE 14 DISCIPLINE 14
ARTICLE 15 GRIEVANCE PROCEDURE 16
ARTICLE 16 EMPLOYEE EMPLOYER COMMITTEE 17
ARTICLE 17 WORK ASSIGNMENT 17
ARTICLE 18 MILITARY LEAVE 18
MISCELLANEOUS
ARTICLE 19 PREVAILING RATES FOR SUBCONTRACTORS 18
ARTICLE 20 NO STRIKE 19
ARTICLE 21 SAVINGS CLAUSE 19
ARTICLE 22 DURATION 20
APPENDIX "A" WAGES 21
SEIU 1/9/09 to 1/7/10
APPENDIX "B" HEALTH INSURANCE 24
APPENDIX "C" DEFINED CONTRIBUTION RETIREMENT PLAN 25
ii SEIU 1/9/09 to 1/7/10
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 Service
Employees' International Union, Local 1877 (hereinafter called "UNION affiliated
with the Service Employees' International Union, Change to Win, 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 the Anaheim Convention Center in Anaheim,
California.
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
ncorporated in full in a resolution of the City Council. Upon the adoption of such a
esolution, all the terms and conditions of this Memorandum shall become effective
without any further action by either party.
?.1
ARTICLE 2
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 the Anaheim Convention
Center in the classifications that are set forth in Appendix "A to the fullest extent
allowable under California law applying to public employees. As public employees,
such employees covered herein shall have the right to discuss individual problems of
employment with ANAHEIM, provided that upon request of the 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.
1 SEIU 1/9/09 to 1/7/10
ARTICLE 3
DISCUSSION
3.1 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.
12 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.
3.4 If the parties are not able to resolve the issue after three meetings, the issue will be
considered dropped, unless both parties agree to meet additional times.
ARTICLE 4
AGENCY SHOP
4.1 Agency shop as used in this herein means an organizational security agreement as
defined in Government Code Section 3502.5.
4.2 Each employee hired on or after May 1, 2009 shall be required, within forty five 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.
4.3 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
SEIU 1/9/09 to 1/7/10
appropriate escrow provisions to hold contested amounts while the challenges are
underway.
4.4 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.
4.5 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 5
HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE CONVENTION,
SPORTS AND ENTERTAINMENT DEPARTMENT
5.1 Job Bulletins regarding classifications represented by the UNION shall be sent to the
UNION during recruitment periods.
5.2 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, gender, age, sexual orientation or physical disability,
except where age or lack of physical disability is a bona fide occupational
qualification.
5.3 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 Convention Center (Maintenance) Bulletin Board posting.
Anaheim Convention Center (Crowd Control) Bulletin Board posting.
Placement in these jobs shall be in accordance with ARTICLE 17 WORK
ASSIGNMENT.
3 SEIU 1/9/09 to 1/7/10
5.4 ANAHEIM agrees to furnish the UNION upon request a list of all persons hired for
events at the Convention Center.
5.5 Employees hired in classifications listed in Appendix "A" of this agreement shall be
subject to a period of probation consisting of six (6) months.
5.6 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
Center Department, the probationer may be rejected at any time during the
probationary period. Such rejections shall not be subject to review or appeal.
5.7 ANAHEIM has determined that the size and operation of the Convention Center has
developed to the point that there is a need to set forth criteria for defining groups of
employees engaged in limited employment who are covered by the Memorandum of
Understanding between the parties. Accordingly, the following categories are
Hereby established.
5.7.1 Categories
5.7 1.1 Event Part-Time Employees this category is limited to employees
hired to work an average of less than twenty (20) hours per week
on an ongoing basis in any fiscal year.
5.7.1.2 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).
5.7.2 The number of positions in each category shall vary in accordance with
ANAHEIM'S requirements and shall be established by ANAHEIM.
5.7.3 Assignment of personnel to these positions and between these positions shall
be made by ANAHEIM in accordance with ARTICLE 17.1.2 of the
Memorandum of Understanding.
4 SEIU 1/9/09 to 1/7/10
5.7.4 Employees working in limited employment categories set forth in ARTICLE
5.7.1 are not entitled to any of ANAHEIM'S benefit plans except as set forth
in ARTICLE 11 VACATION BENEFIT, Appendix B HEALTH INSURANCE,
and Appendix C DEFINED CONTRIBUTION RETIREMENT PLAN of the
Memorandum of Understanding provided, however, that employees assigned
under the provisions of ARTICLE 5.7.1.2 shall be enrolled in the Public
Employees Retirement System covering Miscellaneous Employees of Anaheim
(PERS).
5.7.5 Employees hired or assigned to positions defined in ARTICLE 5.7.1.2 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.
5.8 When a regular part time assignment under the provisions of Article 5.7.1.2 becomes
available, ANAHEIM shall post the assignment for a minimum of five (5) days.
Selection to regular part-time positions will be pursuant to ARTICLE 17 WORK
ASSIGNMENT. The City agrees that employees assigned under the provisions of
Article 5.7.1.2 shall be enrolled in PERS.
5.1
ARTICLE 6
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.
5 SEIU 1/9/09 to 1/7/10
6.2 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 7
ADMINISTRATION
7.1 UNION representatives shall be permitted to visit the operations covered herein and
shall be permitted to be present during line -ups for the purpose of observing
conditions under which employees are working, provided such visit shall not
interrupt the work of such employees.
7.2 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
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.
7.2.1 Solicitation of membership and all activities concerned with the internal
management of UNION, such as collecting dues, holding membership
meetings, preparing petitions or grievance material, preparing proposals,
campaigning for office, conducting elections and distributing literature, etc.,
shall not be conducted during working hours, except during breaks, meal
periods, or pre and post shift.
7.3 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
epresentatives 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
scheduled to work.
6 SEIU 1/9/09 to 1/7/10
7.4 ANAHEIM will pay employees who are released from work for UNION business at
UNION request, and will bill UNION at the employee's regular rate of pay. ANAHEIM
and UNION will jointly and severally be responsible for Workers' Compensation and
General Liability when such employees are off work for UNION business at UNION
expense.
7.5 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.
7.6 ANAHEIM shall furnish the UNION a list of all employees in classifications listed in
Appendix "A including date of hire upon UNION's request.
7.7 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 8
CLASSIFICATIONS, WAGES AND HOURS
8.1 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.
8.2 Personnel newly hired into any classification in Appendix "A" shall be paid an entry-
level rate amounting to 50c per hour less than the rates set forth in Appendix "A
This reduced rate shall continue during the first four months of employment.
Thereafter. the rate payable shall be that rate set forth in Appendix "A
8.3 Employees working in a classification listed in Appendix "A" shall be paid the
applicable hourly rate for all hours worked with a four (4) hour guaranteed minimum
per event. Said work period is not restricted to any specific hours, but shall be
7 SEIU 1/9/09 to 1/7/10
required by ANAHEIM for each event. Any pay for more than the minimum shall be
compensated in fifteen (15) minute increments.
8.3.1 In the event an employee is called in for meetings and /or training, the
guarantee shall be two (2) hours.
8.3.2 For the events where the four (4) hour minimum rates are applicable for
Crowd Control employees, they shall be paid for such four (4) hour minimum
rate for each separate event, which they work in any day.
8.3.3 In case of cancellation of an event, and if ANAHEIM does not give reasonable
notice, either personally or through public communications, ANAHEIM shall
pay to Crowd Control employees two (2) hours pay if the employee reports
for work; and four (4) hours pay if the gates are open.
ARTICLE 9
PREMIUM PAY
9.1 Employees working in classifications listed in Appendix "A" shall be paid at a rate of
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.
9.2 If lead workers are used by ANAHEIM in any of the classifications listed in Appendix
"A they shall receive an additional $1.00 per hour.
9.3 At such times as Anaheim determines that it is in the best interest of the City to
assign supervisory responsibility over lead workers receiving the additional $1.00 per
hour as provided for above, ANAHEIM and the UNION agree that such supervisory
employees shall receive $1.00 per hour more than the lead workers supervised.
9.4 An employee working in a classification listed in Appendix "A" on New Year's Day,
Martin Luther King Jr.'s birthday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day shall receive pay at a rate of one and one -half
times their regular hourly rate.
8 SEIU 1/9/09 to 1/7/10
9.5 An employee who works any of the six (6) hours between 11:00 p.m. and 5:00 a.m.
shall be eligible to receive Convention Center graveyard differential pay of 25.t per
hour for each of those hours worked.
ARTICLE 10
HEALTH WELFARE
10.1 ANAHEIM agrees to provide health benefits in accordance with the provisions of
Appendix "B" HEALTH INSURANCE to regular part-time employees assigned in
accordance with ARTICLE 5.7.1.2 of this Memorandum of Understanding as long as
they remain employed and available to work up to 1,560 hours per year.
10.2 ANAHEIM agrees to establish a deferred compensation plan in lieu of Social Security
for all employees working in classifications listed in Appendix "A" who are 1) not
enrolled in CaIPERS as the result of their employment with ANAHEIM, and 2) not
receiving a CaIPERS annuity as the result of prior ANAHEIM service. Such Plan shall
be in accordance with Appendix "C" DEFINED CONTRIBUTION RE 1 IREMENT PLAN
attached to this Memorandum and by this reference made a part hereof.
ARTICLE 11
VACATION BENEFIT
11.1 Employees working in classifications listed in Appendix "A who work eight hundred
(800) or more hours in any calendar year shall be paid four percent (4 of their
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.
9 SEIU 1/9/09 to 1/7/10
ARTICLE 12
WORKING CONDITIONS
12.1 ANAHEIM agrees to furnish and maintain uniforms for its employees in classifications
listed in Appendix "A
12.2 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.
12.3 Management of the 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.
12.4 Adequate restroom and locker room facilities shall be provided for all employees.
12.5 ANAHEIM shall provide flashlights to employees when ANAHEIM determines
flashlights are required in the performance of the employees' work.
12.6 Upon request, the City of Anaheim shall provide rain gear to employees who are
required to work outdoors during inclement weather.
12.7 ANAHEIM and UNION agree that availability is a condition of employment. Event
part-time employees shall be required to maintain an availability of twenty (20)
hours per week. Regular part-time employees shall be required to maintain an
availability of thirty (30) hours per week. Any employee who does not maintain
his /her availability, does not report as scheduled, or who is otherwise absent without
leave shall be subject to discipline up to and including dismissal from the Convention
Center.
12.7.1 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A" of this Agreement who have been continuously employed for a
10 SEIU 1/9/09 to 1/7/10
period of at least one (1) full year shall be eligible for up to three (3) shifts of
unpaid sick leave per year. Employees who fail to notify the appropriate
supervisor prior to the beginning of their scheduled work shift of their
inability to work due to illness or injury shall be considered to be absent
without leave.
12.7.2 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A" of this agreement shall be provided unpaid leave in the event
of a death in their immediate family for the purpose of making funeral
arrangements and /or attending funeral services. "Immediate family" for the
purposes of this provision shall be the employee's spouse, children, parents,
and grandparents, and the parents of the employee's spouse.
12.7.3 ANAHEIM and UNION agree that employees in classifications listed in
Appendix "A" of this agreement who have been continuously employed for a
period of at least one (1) full year may be eligible for an unpaid leave of
absence of up to thirty (30) calendar days. Such leaves shall be scheduled
and taken in accordance with the best interests of ANAHEIM, and shall
require the prior written approval of Convention Center management.
ARTICLE 13
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION
13.1 It is critical to the public health and welfare and to employees safety to ensure a
drug and alcohol free work environment. No employee shall report to work while
under the influence of drugs or alcohol or illegal drugs, nor shall any employee
possess, use, or consume alcohol or illegal drugs while on City time or on City
property, or when there is a reasonable expectation of being called to duty. 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.
13.2 Employees taking drugs prescribed by an attending physician must advise their
direct supervisor, before beginning work, of possible side effects of such drugs which
11 SEIU 1/9/09 to 1/7/10
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.
13.3 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.
13.3.1 The term "reasonably believed" as used in ARTICLE 13.3 above is a belief
based on objective facts and reasonable inferences drawn from those effects
in light of experience, sufficient to lead a reasonably prudent person to
suspect that an employee is under the influence of drugs or alcohol.
13.3.2 The term "under the influence" as used in ARTICLE 13.3 above means the
employee's ability to perform the functions of the job is impaired or that the
employee's ability to perform his or her job safely is reduced due to the
consumption or use of drugs or alcohol.
13.4 Managers and supervisors may request and, if necessary subsequently 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 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.
13.4.1 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.
12 SEIU 1/9/09 to 1/7/10
13.5 The supervisor shall advise the employee that he or she has the right to contact a
Union representative. However, if a Union representative is not available within 30
minutes, the employee shall still be required to submit to the drug or alcohol test
without first consulting with a Union representative. The Union representative shall
not impede the City's right to require an employee to submit to an alcohol or drug
test.
13.6 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.)
13.6.1 A positive result from a drug and /or alcohol screening may result in
disciplinary action, up to and including dismissal.
13.6.2 If a drug screen is positive, the employee must provide, within 24 hours of
request, bona fide verification of a valid current prescription in the
employee's name for the drug identified in the drug screen. If the
employee does not provide acceptable verification of a valid prescription, or
if the prescription is not in the employee's name, or if the employee has not
previously notified his or her supervisor pursuant to ARTICLE 13.2 above,
the employee may be subject to disciplinary action, up to and including
dismissal.
13.7 An employee who has had a positive result from a drug screening shall undergo a
return -to -duty drug and /or alcohol screening and will not be returned to duty unless
there is a verified negative result for controlled substances or an alcohol
concentration of less than 0.02.
13.8 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies and procedures, shall be held strictly confidential.
13.8.1 The drug and /or alcohol screening results will be retained with medical
examination results in a separate location in compliance with the
13 SEIU 1/9/09 to 1/7/10
confidentiality of Medical Information Act, California Civil Code Section 56,
et seq.
13.8.2 The reports or test results may be disclosed to City Management on a
strictly need -to -know basis and to the tested employee upon request.
13.8.3 Disclosures, without patient consent, may also occur when: (1) the
information is compelled by law or by judicial or administrative process;
(2) the information has been placed at issue in a formal dispute between
the employer and the employee (3) the information is to be used in
administering an employee benefit plan or (4) the information is needed by
medical personnel for the diagnosis or treatment of a patient who is unable
to authorize disclosure.
ARTICLE 14
DISCIPLINE
14.1 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.
14.1.1 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, and shall be appropriate to
the incident or conduct giving rise to the decision to discipline.
14.2 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 demotion or dismissal; the employee may be 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 calendar days at any
one time.
14 SEIU 1/9/09 to 1/7/10
14.3 An employee may be demoted or 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.
14.4 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:
14.4.1 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:
14.4.1.1 The discipline that is proposed.
14.4.1.2 The grounds for imposing disciplinary action.
14.4.1.3 The actions, omissions, or conduct of the employee upon which the
proposed discipline is based.
14.4.1.4 An invitation to respond either orally or in writing prior to the
proposed effective date of the discipline.
14.4.2 Provide copies of documents considered which support the proposed
discipline.
14.4.3 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.
14.4.4 ANAHEIM and the UNION recognize and understand that failure to comply
with ARTICLE 14.4 shall not invalidate a disciplinary action, but may result in
penalties upon ANAHEIM, as reflected in decisions of the California appellate
courts.
15 SEIU 1/9/09 to 1/7/10
14.5 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 15
GRIEVANCE PROCEDURE
15.1 Any grievance or dispute which may arise out of the application or interpretation of
the terms or conditions of this Memorandum as alleged by the UNION shall be
settled in accordance with the procedure set forth immediately hereinbelow except
that any dispute regarding discipline imposed under the provisions of Article 14 of
this Memorandum may be brought forward by either the UNION or the affected
employee on his or her own behalf. In the event the grievance or dispute requires
an expeditious resolution based on a pending event, 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-eight (48) hours after receipt of
the written notice.
15.2 Any grievance or dispute as defined under ARTICLE 15.1 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
after, 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.
15.2.1 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
16 SEIU 1/9/09 to 1/7/10
request of either party an arbitrator shall be selected from a list of
prospective arbitrators submitted by the American Arbitration Association.
15.3 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.
15.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION.
15.5 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.
ARTICLE 16
EMPLOYEE- EMPLOYER COMMITTEE
16.1 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 Relations 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 17
WORK ASSIGNMENT
17,1 In the interest of maintaining an efficient system of operations at the Anaheim
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:
17.1.1 Work opportunities required to maintain an adequate, interested, trained,
available part-time work force.
17 SEIU 1/9/09 to 1/7/10
17.1.2 Employee's record of performance, availability, and seniority (Convention
Center Department date of hire) in that order.
17.1.2.1 Notwithstanding the above, assignments of employees shall not
be made in a capricious or arbitrary manner.
17.1.3 Employees may be temporarily assigned to work in the management
classifications of Convention Center Head Usher, Assistant Box Office
Treasurer and Box Office Treasurer. Management employees may be
temporarily assigned to work in unit classifications in accordance with
ARTICLE 17 above.
17.2 On June 30 of every year, employees may submit a request for their preferred shift
(,day, swing or graveyard) which will be considered in making assignments.
Management shall retain the discretion to assign employees to shifts consistent with
the best interest of the operations of the Convention Center and shall also give
consideration to employees' attendance and availability record during the preceding
gear.
ARTICLE 18
MILITARY LEAVE
18.1 Military Leave and compensation therefore shall be in accordance with the provisions
of the Military and Veterans Code of the State of California.
ARTICLE 19
PREVAILING RATES FOR SUBCONTRACTORS
19.1 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 provided for in the Memorandum for employees in the specified
18 SEIU 1/9/09 to 1/7/10
classifications. This Article shall remain in effect through midnight February 13,
1997 for employees in the specified classifications in Appendix "A" Convention
Center and Stadium Parking Lot.
ARTICLE 20
NO STRIKE
20.1 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.
ARTICLE 21
SAVINGS CLAUSE
21.1 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.
19 SEIU 1/9/09 to 1/7/10
22.1 The terms of this Memorandum are to remain in full force and effect until the 7 day
of January, 2010, except that either ANAHEIM or the UNION shall have the right
during the sixty (60) days preceding January 7, 2010, 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, January
7, 2010, 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.
STAFF OFFICIALS of the CITY of
ANAHEIM, a Municipal Corporation
By:
B Byes
Dated: 3 5
ARTICLE 22
DURATION
SERVICE EMPLOYEES' INTERNATIONAL
UNION, LOCAL 1877
By: 4j.
By:
By:
By:
By:
By:
Dated:
77 O
20 SEIU 1/9/09 to 1/7/10
APPENDIX "A" WAGES
SPECIAL PROVISIONS
1.0 ANAHEIM and UNION agree that if any full -time employee organization is granted a
general wage increase effective within eighteen months of the expiration of their current
Memorandum of Understanding, employees working in classifications listed in Appendix "A
Wages shall receive a general wage increase 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
interest arbitration.
2.0 ANAHEIM and UNION agree to continue discussions during the term of this
Agreement regarding premium pay for individuals assigned to clean restrooms during events
at the Convention Center. Any agreement reached will be reduced to written form in a
Letter of Understanding and submitted to the Anaheim City Council for determination.
3.0 ANAHEIM and UNION agree to continue discussions during the term of this
Agreement regarding Usher assignments. Any agreement reached will be reduced to
written form in a Letter of Understanding and submitted to the Anaheim City Council for
determination.
21 SEIU 1/9/09 to 1/7/10
APPENDIX "A"
WAGES
HOURLY PAY RATES
CLASSIFICATION 10/5/2007
Alteration Worker $11.39
Cleaner $11.04
Cleaner Set -up Worker $11.04
Emergency Medical Technician $17.30
Convention Center
Gate Captain $11.51
Janitor $11.25
Lead Nurse $18.93
Money Room Attendant $14.06
(5 hr min)
Nurse $17.97
Tenant Security Director $11.08
Ticket Clerk $11.34
Ticket Seller (GA) $11.98
Ticket Seller (Res Box) $12.36
Ticket Seller Advanced $13.01
Ticket Taker $11.18
Usher $10.52
Usher Captain $11.74
SEIU 1/9/09 to 1/7/10
A -1
Incumbent employees employed on February 2, 1996, as Cleaner Set -up Worker (30
hour) Convention Center shall have received an additional 20c per hour upon
appointment to 30 hour status and an additional 20c 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. This is a closed group of
employees receiving additional wages and no employees employed after February 2,
1996, will be eligible to receive additional wages.
A -2 The classification and rates of "Janitor" above shall apply only to incumbent
employees employed on February 2, 1996. This is a dosed classification and no
employees employed after February 2, 1996 will be hired in this classification.
A -3 Employees assigned as Fire Door Attendants shall be paid the Usher rate of pay.
A -4 Employees assigned to protect exhibitors' property shall receive the Tenant Security
Director rate of pay.
23
SEIU 1/9/09 to 1/7/10
APPENDIX "B"
HEALTH INSURANCE
ANAHEIM agrees to allow eligible part -time employees working in classifications
epresented by the UNION to enroll in the Anaheim sponsored Kaiser Foundation Health
?Ian.
2 The City agrees to pay a monthly premium not to exceed 88% of monthly premium, to
maintain coverage in the single party Kaiser Plan for eligible employees enrolled in the
plan prior to September 29, 2000. All additional premium shall be the responsibility of
the eligible employee.
For employees who enroll in the Kaiser plan after September 29, 2000, the City's
maximum contribution towards an employee's purchase of the Kaiser plan shall be:
First 2 years of coverage 50% of the single party rate
More than 2 years of coverage 75% of the single party rate
All additional premium shall be the responsibility of the eligible employee.
4. Employees become eligible for coverage on the first day of the month following one
complete calendar month after appointment to regular part-time status in accordance
with ARTICLE 5.7.1.2.
24 SEIU 1/9/09 to 1/7/10
APPENDIX "C"
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 in the Convention
Center Unit of Representation.
2. ANAHEIM and the UNION agree that mandatory participation is required by all
employees in ARTICLE 5.7.1.1 Event Employees.
3. ANAHEIM and the UNION agree that employees in ARTICLE 5.7.1.2 (Regular Part-Time
Employees) are not eligible to participate in the mandatory 457 program.
4 ANAHEIM and the UNION agree that the employee contribution to the plan will be 7.5%
of bi- weekly gross pay.
5. ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as
the depository for the Convention Center Part-Time Employees Retirement Account, and
that all contributions to this mandatory program will be separately accounted for.
6. ANAHEIM and the UNION agree that employees will be fully vested in the benefit (at the
time of initial contributions.
7. ANAHEIM agrees that it will develop and adopt such amendments to the 457 plan as are
necessary to ensure compliance with Internal Revenue Service regulations and rulings at
such time as they are issued.
8. Either ANAHEIM or the UNION may, at it sole discretion, terminate this Appendix "C"
agreement upon 90 days notice to the other party. The parties acknowledge 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.
SEIU 1/9/09 to 1/7/10