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RES-2017-159RESOLUTION NO. 2017 - 159 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 PART- TIME CUSTOMER SERVICE EMPLOYEES REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #47 WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer- employee relations system for the City; and WHEREAS, Chapter 1.06, Section 1.06. 100 requires the 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 October 23, 2017, between the International Brotherhood of Electrical Workers, Local #47 ("IBEW") 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 IBEW representing Part -Time Customer Service Employees and the City of Anaheim executed by the City Management Representative and IBEW, on October 23, 2017, 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 3, 2017 through June 30, 2020. BE IT FURTHER RESOLVED that Resolution No. 2014-147 is hereby repealed effective January 2, 2017. H H H H H THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of NovpmhPr 2017, by the following roll call vote: AYES:Mayor Tait and Council Members Vanderbilt,Murray,Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None MA OR OF THE CITY OF ANAHEIM X :RK OFQTHEITY OF ANAHEIM (Acting) MEMORANDUM OF UNDERSTANDING between the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 representing the ANAHEIM PART-TIME CUSTOMER SERVICE EMPLOYEES and the CITY OF ANAHEIM January 3, 2017 through June 30, 2020 Contents ARTICLE1 - PREAMBLE..................................................................................... 1 ARTICLE 2 - UNION RECOGNITION.................................................................. 1 ARTICLE 3 - UNION ORGANIZATION................................................................ 1 ARTICLE 4 - EMPLOYEE RIGHTS...................................................................... 3 ARTICLE 5 - MANAGEMENT RIGHTS................................................................ 3 ARTICLE 6 - NOTIFICATION............................................................................... 4 ARTICLE 7 - CONSULTATION............................................................................ 4 ARTICLE 8 - MEET AND CONFER...................................................................... 4 ARTICLE9 - CHECK-OFF................................................................................... 5 ARTICLE 10 - COMPENSATION......................................................................... 5 ARTICLE 11 - HOURS OF WORK AND PAY DAY .............................................. 7 ARTICLE 12 - PREMIUM PAY............................................................................. 8 ARTICLE 13 - BILINGUAL PAY........................................................................... 8 ARTICLE 14 - VACATION BENEFIT.................................................................... 9 ARTICLE15 - GENERAL..................................................................................... 9 ARTICLE 16 - APPOINTMENTS AND PROMOTIONS ...................................... 10 ARTICLE 17 - ELIGIBILITY LISTS..................................................................... 11 ARTICLE 18 - PROBATION............................................................................... 11 ARTICLE 19 - DISCIPLINE................................................................................ 12 ARTICLE 20 - LAYOFF AND REINSTATEMENT ............................................... 12 ARTICLE21 - LEAVE......................................................................................... 13 ARTICLE 22 - MILITARY LEAVE....................................................................... 15 ARTICLE 23 - METER READER RULES........................................................... 15 ARTICLE 24 - TRAVEL AND MILEAGE EXPENSE ........................................... 15 ARTICLE 25 - FITNESS FOR DUTY.................................................................. 15 ARTICLE 26 - GRIEVANCE PROCEDURE....................................................... 15 ARTICLE 27 - HEALTH INSURANCE................................................................ 17 ARTICLE 28 - PENSION AND DEFERRED COMPENSATION ........................ 18 ARTICLE 29 - PHYSICAL EXAMINATIONS...................................................... 19 ARTICLE 30 - CONSTRUCTION....................................................................... 20 ARTICLE 31 - SAVINGS CLAUSE..................................................................... 20 ARTICLE32 - NO STRIKE................................................................................. 20 ARTICLE 33 - AGENCY SHOP.......................................................................... 21 ARTICLE 34 - DURATION................................................................................. 22 APPENDIX"A"................................................................................................... 23 APPENDIX«B„................................................................................................... 25 ARTICLE 1 - PREAMBLE 1.1 The wages, hours, and conditions of employment that are set forth in this Memorandum of Understanding (hereinafter called "MOU") have been discussed and jointly proposed by and between the staff officials of the City of Anaheim (hereinafter called "ANAHEIM") and I.B.E.W Local #47 International Brotherhood of Electrical Workers, AFL-CIO (hereinafter called "UNION") representing the Anaheim Part -Time Customer Service Employees bargaining unit working in the classifications set forth in Appendix "A". 1.2 The terms and conditions of employment that are set forth in this MOU have been discussed in good faith between the staff officials of ANAHEIM and the UNION. The UNION agrees to recommend acceptance by its members of all of the terms and conditions of employment as set forth herein, 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 be incorporated in full in a resolution of the City Council. Upon adoption of such a resolution, all the terms and conditions of this MOU so incorporated shall become effective without any further action by either party. ARTICLE 2 - UNION RECOGNITION 2.1 ANAHEIM hereby recognizes the UNION as the bargaining representative for all its members to the fullest extent allowable under California law applying to public employees. ARTICLE 3 - UNION ORGANIZATION 3.1 The UNION representatives are those elected or appointed in accordance with the constitution and bylaws of the UNION. ANAHEIM recognizes the UNION's right to appoint shop stewards. 3.1.1 The UNION shall notify the Anaheim City Management Representative, in writing, of the names and job classification titles of its officers, shop stewards, and other representatives each time an election is held or new appointments are made. 3.1.2 An employee elected or appointed as an officer or shop steward of the UNION shall be required to work as scheduled in his/her respective job class and shall not interrupt the work of other employees. 1 3.2 UNION officers and representatives (subject to the provisions of ARTICLE 2 — UNION RECOGNITION) shall be permitted to visit employee work locations for the purpose of observing working conditions; however, such visits shall not interrupt the work of such employees, nor interfere with the normal operations of the department or with established safety requirements. 3.2.1 UNION officers and representatives shall not enter any work location without the knowledge of the Department Head, Division Head, or other appropriate manager or supervisor. 3.2.2 Solicitation of membership and all activities concerned with the internal management of the 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. 3.3 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, up to three (3) 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 scheduled to work. 3.3.1 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. Work schedules will not be modified to ensure nor to avoid payment to part-time employees attending meet and confer sessions. 3.3.2 Officers, shop stewards, and representatives of UNION shall not leave their duty or workstation or assignment without the knowledge of the Department Head, Division Head, or other appropriate manager or supervisor. 3.3.3 ANAHEIM will pay employees who are released from work for UNION business at UNION expense and will bill the 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. 3.4 ANAHEIM shall furnish portions of non -electric bulletin boards at mutually agreeable, specific locations for the purpose of posting notices pertaining to UNION business and shall determine what reasonable portion of bulletin boards are to be allocated for UNION materials. 2 3.4.1 All posted materials must be dated and must identify the UNION. If UNION does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM's bulletin boards. 3.5 ANAHEIM shall allow UNION to conduct meetings in ANAHEIM facilities. Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at ANAHEIM facilities. ARTICLE 4 - EMPLOYEE RIGHTS 4.1 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his/her exercise of these rights. ARTICLE 5 - MANAGEMENT RIGHTS 5.1 Management retains all of its powers and authority to direct, manage, and control to the full extent of the law. The rights of management include, but are not limited to, the exclusive right to consider the merits, necessity, or organization of any service or activity provided by law or administrative order; determine the mission of its constituent departments, commissions, and boards; set standards of service and performance; determine the procedures and standards of selection for employment, training, and promotion; direct its employees; establish work schedules and work assignments; evaluate employee performance; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of ANAHEIM's operations; determine the methods, means, and personnel by which ANAHEIM's operations are to be conducted; classify and reclassify positions; determine the content of job classifications; contract out work and transfer work into or out of the unit; take all necessary action to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 5.2 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by management; the adoption of policies, rules, regulations, 141 and practices in furtherance thereof; and the use of judgment and discretion in connection therewith, shall be limited only by the law and by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with the law. ARTICLE 6 - NOTIFICATION 6.1 Reasonable written notice shall be given by the Anaheim City Management Representative to the UNION, of any proposed ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation to be presented to the Anaheim City Council for determination; and the UNION shall be given the opportunity to meet with the Anaheim City Management Representative prior to submission to the Anaheim City Council for determination. 6.2 In cases of emergency when the Anaheim City Council determines that an ordinance, resolution, rule, or regulation must be adopted immediately, without prior notice or meeting with the UNION, the Anaheim City Management Representative shall provide such notice at the earliest practicable time following adoption of such ordinance, resolution, rule, or regulation. ARTICLE 7 - CONSULTATION 7.1 The Anaheim City Management Representative, after consultation in good faith with representatives of the UNION, may recommend adoption of reasonable rules and regulations for the administration of employer- employee relations. The Anaheim City Management Representative shall consult in good faith with representatives of the UNION on employer- employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 8 - MEET AND CONFER 8.1 The Anaheim City Management Representative and representatives of UNION shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meeting and conferring process and the use of such impasse procedure is mutually agreed upon by the Anaheim City Management Representative and the UNION. 0 8.1.1 When the meeting and conferring process results in agreement between the Anaheim City Management Representative and the UNION, such agreement shall be incorporated in a written MOU and shall be signed by the Anaheim City Management Representative and UNION representatives. The matters incorporated in the MOU shall be presented for determination to the Anaheim City Council or its statutory representative. 8.2 The Anaheim City Management Representative shall not be required to meet and confer in good faith on any subject pre-empted by federal or state law by the Anaheim City Charter. The Anaheim City Management Representative shall not be required to meet and confer on Management Rights or Employee Rights as herein defined. 8.3 Proposed amendments to this ARTICLE are excluded from the scope of meeting and conferring. ARTICLE 9 - CHECK -OFF 9.1 ANAHEIM agrees to 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 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, and the remittal of same by ANAHEIM to the UNION, shall constitute payment of said dues and initiation fees by such members and employees of the UNION. ARTICLE 10 - COMPENSATION 10.1 Wages for the various classifications shall be set forth in Appendix "A" attached to this MOU and by this reference made a part hereof. The Anaheim City Management Representative will not recommend any revision or modifications to this MOU without first consulting on such recommendations with the UNION. 10.1.1 The parties acknowledge that ANAHEIM intends to base future negotiating strategies upon the principle of differential adjustments and the UNION will maintain its position of across- the-board, non -differential bargaining. 5 10.2 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job class for which they were hired. ANAHEIM may hire at a higher step in the salary schedule through the sixth (6th) step without approval of the City Manager. 10.3 Part-time employees in job classes listed in Appendix "A" shall be eligible for consideration for merit pay increases as follows: • To the fourth (4th) step of the salary schedule after completion of one thousand -forty (1,040) work hours in the third (3rd) step. • To the fifth (5th) step of the salary schedule after completion of one thousand -forty (1,040) work hours in the fourth (4th) step. • To the sixth (6th) step of the salary schedule after completion of one thousand -forty (1,040) work hours in the fifth (5th) step. • To the seventh (7th) step of the salary schedule after completion of one thousand -forty (1,040) work hours in the sixth (6th) step. • To the eighth (8th) step of the salary schedule after completion of one thousand -forty (1,040) work hours in the seventh (7th) step. • To the ninth (9th) step of the salary schedule after completion of one thousand -forty (1,040) work hours in the eighth (8th) step. 10.4 A part-time employee who is promoted or reclassified with his/her position to a higher part-time job class shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than four percent (4%), except: 10.4.1 If the ninth (91h) step of the higher salary schedule provides a pay increase of less than four percent (4%), the employee shall be placed at the ninth (9th) step. 10.4.2 When the lowest step of the higher salary schedule is greater than four percent (4%), the employee shall be placed at the lowest step of the higher salary schedule. 10.5 An incumbent employee reclassified with his/her position to a lower job class shall be placed in the step of the lower salary schedule closest to the employee's rate of pay without providing an increase. 10.6 When more than one (1) personnel action involving changes in a part-time employee's salary step status become effective on the same day, all such changes shall be in accordance with the provisions of the preceding 0 sections of this ARTICLE and shall take place in the following order of precedence: (1) Adjustment to the same salary step in a new salary schedule; (2) Merit pay advancement or reduction in step; (3) Promotion, demotion, or reclassification. ARTICLE 11 - HOURS OF WORK AND PAY DAY 11.1 Employees shall be scheduled to work as needed and to cover peak periods and absences of other employees. Hours are irregular and based on need and may be full days or partial days. There shall be no minimum number of hours guaranteed. 11.2 Regular salaries and compensation of all employees shall be paid on a biweekly basis. 11.3 ANAHEIM has determined a need to set forth criteria for defining groups of employees engaged in limited employment who are covered by this MOU between the parties. Accordingly, the following categories are hereby established. 11.3.1 Part -Time — Twenty (20) Hour Employees: This category is limited to employees hired to work an average of less than twenty (20) hours per week on an ongoing basis (maximum hours permitted by California Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership in any fiscal year). 11.3.2 Part -Time — Thirty (30) Hour Employees: This category is limited to those employees who on a yearly average work more than the maximum hours permitted by California Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership but less than thirty (30) hours per week on an ongoing basis (maximum one thousand five hundred sixty (1,560) hours) in any fiscal year. 11.3.3 The number of positions in each category shall vary in accordance with ANAHEIM's requirements and shall be established by ANAHEIM. Assignment of personnel to these positions and between these positions shall be made by ANAHEIM. 7 ARTICLE 12 - PREMIUM PAY 12.1 Employees working in classifications listed in Appendix "A" who perform authorized work in excess of forty (40) hours in a regular work week shall be compensated for such overtime work at the rate of one and one-half (1 '/2) times the employee's regular hourly rate of pay. 12.1.1 Overtime shall be calculated to the nearest one-quarter (1/) hour of overtime worked. 12.1.2 All overtime must be authorized in advance by the appropriate Administrative Manager. 12.1.3 Notwithstanding the above overtime provisions, there shall be no overtime pay for the time spent, outside scheduled work hours, in attending meetings of any kind which are for the purpose of education or training, unless required by ANAHEIM to attend such training. ARTICLE 13 - BILINGUAL PAY 13.1 Employees required to speak in Spanish or other languages (including sign language), as well as English, as part of the regular duties of their position will be compensated at the rate of sixty ($.60) cents per hour in addition to their regular pay. 13.2 Effective the pay period beginning January 2, 2015, employees required to speak in Spanish or other languages (including sign language), as well as English, as part of the regular duties of their position will be compensated at the rate of seventy ($.70) cents per hour in addition to their regular pay. 13.3 Employees required to speak, read, and/or write in Spanish or other languages (including sign language), as well as English, as part of the regular duties of their position will be compensated at the rate of eighty ($.80) cents per hour in addition to their regular pay. 13.4 Effective the pay period beginning January 2, 2015, employees required to speak, read, and/or write in Spanish or other languages (including sign language), as well as English, as part of the regular duties of their position will be compensated at the rate of ninety ($.90) cents per hour in addition to their regular pay. 13.5 The appropriate Executive Manager shall designate which employees shall be assigned bilingual duties and which language(s) shall be eligible for bilingual pay. 13.6 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. 13.7 The effective date of bilingual pay 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 in ARTICLE 13.3. Employees may be required to undergo a test of continued competency, upon request of the operating department. ARTICLE 14 - VACATION BENEFIT 14.1 Effective January 2000, employees who worked one thousand -eighty (1,080) hours or more in calendar year 1999 will be given a lump sum payment of one percent (1 %) of their gross earnings (calendar year defined as the period for which wages earned are reported for tax purposes). The lump sum payment shall be made during the first pay period following approval of the MOU by the City Council. 14.1.1 Effective January 2001, employees who work one thousand one hundred (1,100) hours or more in the previous calendar year will be given a lump sum payment of two percent (2%) of their gross earnings. 14.1.2 Effective January 2002, employees who work one thousand one hundred (1,100) hours or more in the previous calendar year will be given a lump sum payment of three percent (3%) of their gross earnings. ARTICLE 15 - GENERAL 15.1 It is hereby the declared personnel policy of ANAHEIM that: 15.1.1 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds; M 15.1.2 Employment shall be based on merit and fitness, free of personal and political considerations; 15.1.3 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations; 15.1.4 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 15.2 Job flyers regarding classifications represented by UNION shall be sent to UNION during recruitment periods. UNION shall refer such skilled and experienced personnel to ANAHEIM for necessary testing. 15.3 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 testing and/or rejection shall not be done to discriminate for or against an applicant because of union or non-union membership or for any other criteria as defined in California Government Code section 12940, et seq., except where such criteria is a bona fide occupational qualification. ARTICLE 16 - APPOINTMENTS AND PROMOTIONS 16.1 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees and shall consist of recognized selection techniques that in the opinion of the Human Resources Director will test fairly the qualifications of candidates. 16.1.1 Notwithstanding the above, vacant full-time positions in the classified service which would otherwise be filled by open recruitment may be filled by appointing part-time employees currently employed in classifications listed in Appendix "A" for which there are full-time equivalent classifications. 16.2 Appropriate consideration shall be given to promotional candidates' qualifications, record of work performance, and seniority, in that order. 16.3 Candidates who qualify for part-time employment or promotion shall be placed on an eligibility list for the appropriate part-time job class. Advancement to a higher paid job class shall constitute a promotion. 10 ARTICLE 17 - ELIGIBILITY LISTS 17.1 Eligibility lists shall be created in accordance with provisions of ARTICLE 16 — APPOINTMENTS AND PROMOTIONS. 17.2 Eligibility lists may contain the names of one (1) or more persons eligible for employment and shall remain in effect for a period of one (1) year or until depleted. Lists containing less than three (3) names may be considered depleted. 17.2.1 Non -depleted lists may be extended by the Human Resources Director for a period not to exceed one (1) additional year. 17.2.2 The appropriate Executive Manager, with the concurrence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons, and the employee so removed shall be given written notice. ARTICLE 18 - PROBATION 18.1 Employees working in classifications listed in Appendix "A" shall serve a probationary period of twelve (12) months. Upon successful completion of a probationary period, an employee shall be considered to have part-time regular status in the classification in which the probationary period is served. 18.1.1 In the event an employee is assigned to light duty or is absent from work due to a lengthy illness or injury during the probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one (1) complete biweekly pay period for each complete biweekly pay period assigned to light duty or lost to illness or injury. 18.2 The work and conduct of probationary employees shall be subject to close scrutiny. An employee shall be retained beyond the end of the probationary period only if the appropriate Executive Manager affirms that the work and conduct of the employee have been found to be satisfactory. If the work and conduct of probationary employees is found to be below standards to the Public Utilities Department, the appropriate Executive Manager may reject the probationer at any time during the probationary period. Such rejections shall not be subject to review or appeal unless such rejection is alleged to be contrary to the provisions of any state or federal law, the Personnel Ordinance, and/or the Personnel Resolution, and then such review/appeal will be limited to that which is required by law, ordinance, or resolution. 11 18.2.1 Employees serving a probationary period as the result of a promotion or transfer may be returned to their former position if they are rejected or laid off during the probationary period. If not returned to their former positions, they shall be separated from employment with ANAHEIM. ARTICLE 19 - DISCIPLINE 19.1 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. An employee may be reduced in salary, suspended, demoted, or dismissed for good and sufficient cause. 19.2 When in the judgment of the appropriate Department Head, 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 reduced in salary 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. 19.3 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. ARTICLE 20 - LAYOFF AND REINSTATEMENT 20.1 Layoff for lack of work, lack of funds, or other legitimate business reasons shall be on the basis of record of work performance and department seniority, in that order. 20.1.1 Employees who are laid off and who terminate employment in good standing may seek reinstatement in accordance with the following provisions: 20.1.1.1 At the time of layoff, an employee may complete and submit to the Human Resources Department an interest card for the classification from which the employee was laid off. The employee shall be responsible for 12 submitting a new interest card to the Human Resources Department in the event of a change of address. 20.1.1.2 The interest card will be retained for one (1) calendar year from the date of layoff. Prior to any recruitment being conducted, the interest card on file will be mailed to the employee. An employee who responds within the indicated deadline may be considered for reinstatement without going through the formal recruitment process. 20.1.1.3 If more than one (1) employee responds, selection for reinstatement will normally be determined on the basis of record of work performance and department seniority, in that order. 20.2 A part-time employee who terminates employment in good standing may be reinstated to a part-time position in the employee's former job class within three (3) years of the employee's termination date without going through the competitive processes. 20.2.1 A part-time employee who is reinstated after thirty (30) calendar days shall be considered to have broken service. 20.2.2 If the employee is reinstated within thirty (30) calendar days, the employee shall be considered as having continuous service and shall therefore retain eligibility for any benefits provided under this MOU. The employee shall be placed in his/her former salary step and shall be credited with prior step hours worked for purposes of merit pay increases. 20.3 A part-time employee may be reinstated under the provisions of the City's Vocational Rehabilitation Administrative Regulation to any part-time position for which the City has budgeted work hours, provided the employee meets the minimum qualifications. ARTICLE 21 - LEAVE 21.1 Regular and predictable attendance is an expectation of employment. Employees shall be granted leave for the following reasons: 13 21.1.1 At the time a death occurs of an immediate or other family member, in order to make burial arrangements, and/or to attend funeral or memorial services. 21.1.2 In the event an employee is duly summoned to any court for the purpose of performing jury duty, provided the employee submits documentation from the court for such duty performed. 21.1.3 Whenever an employee is duly summoned to appear as a witness in a legal proceeding, provided the employee provides documentation of such summons. 21.1.4 Enforced quarantine of the employee in accordance with community health regulations. 21.1.5 Temporary disabilities caused by pregnancy and childbirth. 21.1.6 Summons to military duty, provided the employee provides documentation of such summons. 21.1.7 Illness of the employee or a member of the employee's immediate family, or physical incapacity of the employee due to illness or injury. Employees may be required to submit proof of such illness and/or incapacity. 21.2 Employees may be granted leave for reasons other than those listed in ARTICLE 21.1. Such leaves shall be scheduled and taken in accordance with the best interests of ANAHEIM and the division or department in which the employee is employed. 21.3 Employees on leave as defined in ARTICLES 21.1 and 21.2 shall receive no compensation while on such leave, unless otherwise provided in ARTICLES 21.3.1 and 21.3.2. 21.3.1 Employees summoned to military duty shall be compensated in accordance with provisions of the Military and Veterans Code of the State of California and with federal law. 21.3.2 ANAHEIM shall provide employees in classifications listed in Appendix "A" of this MOU with sick leave benefits in accordance with California Labor Code section 246. It is the responsibility of employees to adhere to all City and Department policies and regulations regarding attendance and sick leave. 21.4 An employee returning to work from leave shall be placed in the same salary step the employee was in prior to such leave. 14 ARTICLE 22 - MILITARY LEAVE 22.1 ANAHEIM's policy relating to military leave and compensation therefore shall be in accordance with the provisions of the Military and Veterans Code of the State of California, and with federal law. ARTICLE 23 - METER READER RULES 23.1 An employee working in the classification of Part -Time Meter Reader shall receive one (1) hour of regular pay for each one (1.0) unit of meter book value completed. 1.0 unit = 54 minutes. If an employee exceeds forty (40) units in a workweek, the employee shall receive overtime pay in accordance with ARTICLE 12 — PREMIUM PAY. ARTICLE 24 - TRAVEL AND MILEAGE EXPENSE 24.1 Travel expense allowance for employees while on City business shall be provided in accordance with regulations established by the Anaheim City Manager and/or the Anaheim City Council. 24.2 ANAHEIM's mileage reimbursement rates will be the standard mileage rate established by the Internal Revenue Service. Any increase or decrease shall be effective the first day of the second (2nd) month after the date of publication by the Internal Revenue Service. ARTICLE 25 - FITNESS FOR DUTY 25.1 ANAHEIM and UNION are committed to maintenance of a safe workplace. Employees are individually responsible and accountable for their personal fitness for duty and shall not report to duty while "unfit" to safely perform assigned duties. ARTICLE 26 - GRIEVANCE PROCEDURE 26.1 Any grievance or dispute which may arise out of the application or interpretation of the terms or conditions of this MOU, as alleged by the UNION, shall be considered to be a matter subject to review through the grievance procedure and shall be settled in accordance with the procedure set forth immediately herein below, except a dispute by an applicant regarding employment. 15 26.2 In those instances where discipline is imposed other than salary step reduction, suspension, demotion, or dismissal, UNION may submit a written requests for a review of the disciplinary action through an administrative review procedure. Administrative Review Procedure: The written request must be submitted to the Human Resources Department within fourteen (14) calendar days after receipt of notice by the employee of the disciplinary action. The Department Head, or Administrative Manager, under which the discipline was administered, shall conduct an administrative review within fourteen (14) calendar days of submission of the request. The Department Head, or Administrative Manager, shall review the disciplinary action and may affirm, reverse, or modify the disciplinary action as deemed appropriate. The Department Head's determination shall be delivered in writing within fourteen (14) calendar days after the administrative review. The Department Head's determination shall be final and binding. 26.3 Employee grievances submitted by UNION to ANAHEIM shall be handled in the following manner: 26.3.1 Step I. An attempt shall be made to adjust all grievances on an informal basis between the employee, his/her UNION representative, and a supervisor in the employee's chain of command, up to and including his/her manager, within seven (7) working days after the occurrence of the incident involved in the grievance. The manager shall deliver his/her answer within seven (7) working days after the conducting the Step I meeting. 26.3.2 Step II. If the grievance is not adjusted to the satisfaction of UNION in Step I, it shall be submitted in writing to the employee's Department Head or Administrative Manager within seven (7) working days after the Step I answer is received by UNION. The Department Head or Administrative Manager shall meet with the employee and his/her UNION representative within ten (10) working days after submission of the grievance to him/her. The Department Head or Administrative Manager shall review the grievance and may affirm, reverse, or modify as deemed appropriate, the disposition made at Step I and the Step II answer shall be delivered within seven (7) working days after said meeting. 16 26.3.3 Step III. If UNION is not satisfied with the answer to the Step II, it shall be submitted to an impartial arbitrator for a final and binding decision. Such submission must occur within thirty (30) calendar days after the Step II answer is received. 26.3.3.1 In the event the parties are unable to agree upon the selection of such impartial arbitrator within ten (10) calendar days, upon request by 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. 26.3.4 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. 26.4 All expenses of arbitration shall be borne equally by ANAHEIM and the UNION. 26.5 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 27 - HEALTH INSURANCE 27.1 Employees working in a classification listed in Appendix "A" shall be provided health insurance as long as they remain employed and are available to work. Employees shall become eligible for coverage on the first (1St) day of the month following completion of twenty-six (26) complete biweekly pay periods or until one thousand -forty (1,040) hours are worked in a classification listed in Appendix "A", whichever is sooner, or who are eligible pursuant to the Affordable Care Act (ACA). 27.2 Employees eligible for health insurance pursuant to ARTICLE 27.1 shall be eligible for the Kaiser HMO Plan offered to full-time employees (Plan 2) after two (2) years of employment. 27.3 ANAHEIM's maximum contribution towards an employee's purchase of the Kaiser HMO Plans (employee only) is as follows: Kaiser HMO Plan 1 The flat -dollar amount equivalent to 75% of the HMO Plan 2 premium 17 Kaiser HMO Plan 2 (full-time equivalent) 75% Employees shall pay any difference between ANAHEIM's contribution and the total cost of the Kaiser plan. 27.4 At the sole discretion of ANAHEIM, the PARTIES agree to reopen ARTICLE 27 "Health Insurance" as a result of any changes to the Federal Affordable Care Act (ACA). ARTICLE 28 — PENSION AND DEFERRED COMPENSATION 28.1 Employees participating in the 2.7% 55 retirement benefit shall contribute the following pension contributions: 28.1.1 Effective the pay period beginning August 15, 2014, employees shall pay two percent (2%) of the statutorily required eight percent (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. 28.1.2 Effective the pay period beginning July 3, 2015, employees shall pay eight percent (8%) of the statutorily required eight percent (8%) employee contribution to the retirement system, plus an additional one percent (1 %). Such contributions shall be designated as "employer pick-up" contributions under the provisions of the Internal Revenue Code. 28.1.3 Effective the pay period beginning July 1, 2016, employees shall pay eight percent (8%) of the statutorily required eight percent (8%) employee contribution to the retirement system, plus an additional four percent (4%). Such contributions shall be designated as "employer pick-up" contributions under the provisions of Section 414(h)(2) of the Internal Revenue Code. 28.2 UNION and ANAHEIM agree that ANAHEIM will amend PERS Miscellaneous Plan for Anaheim City, Employer Number 0303, to institute a revised defined benefit plan for covered employees hired on or after January 1, 2013. The revised defined retirement plan shall consist of the 2% @ 62 defined formula (Government Code section 7522.20(a)), with a final compensation period of three (3) consecutive years (Government Code 20037) and the employee paying fifty percent (50%) of the normal costs attributable to the applicable retirement formula, as provided in Government Code sections 7522.30 and 20516. im 28.3 UNION and ANAHEIM agree that any provision of ARTICLE 28.2, as amended herein, that are contrary to or inconsistent with the lawful provisions of the California Public Employees' Pension Reform Act of 2013 shall be modified so as to cause them to be consistent with those lawful provisions through a Letter of Understanding that amends the MOU, as amended herein, and incorporated with the MOU. 28.4 Effective the pay period beginning July 3, 2015, employees mandatorily enrolled in ANAHEIM's deferred compensation plan (457) shall contribute seven and one-half percent (7 Y2%) of his/her compensation. ARTICLE 29 - PHYSICAL EXAMINATIONS 29.1 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass a physical examination, the character of which shall be in accordance with standards established by the Human Resources Director. 29.2 In order to be eligible for promotion or transfer to a job class in a category requiring greater physical qualification than the employee's present job class, the employee must pass the appropriate physical examination. 29.3 An employee who returns to work after an absence in excess of eight (8) calendar days due to illness or physical incapacity may be required by the appropriate Executive Manager, with the concurrence of the Human Resources Director to undergo a physical examination. 29.3.1 Except as otherwise provided by law, an employee who fails to pass said required physical examination may be transferred or demoted to a position requiring lesser physical qualifications, or separated from City service. Employees enrolled in the Public Employees' Retirement System may also be recommended for disability retirement. 29.4 All physical examinations required under the provisions of this ARTICLE shall be performed by a physician in active practice licensed by California State Law and within the scope of his/her practice as defined by California State Law. 29.4.1 Exceptions to the provisions of ARTICLE 28.4 may be made only in the case of out-of-state candidates for employment. In such cases, the physician performing the examination may be a physician licensed by the state in which the candidate resides. 29.5 ANAHEIM shall pay for any physical examination required under the provisions of this ARTICLE. lid, ARTICLE 30 - CONSTRUCTION 30.1 Nothing in this MOU shall be construed to deny any person or employee the rights granted by federal and state laws and City Charter provisions. The rights, powers, and authority of the Anaheim City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this MOU. The provisions of this MOU are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (sections 3500, et seq.). ARTICLE 31 - SAVINGS CLAUSE 31.1 The resolution of ANAHEIM shall provide that if any provision of this MOU or the resolution is at anytime, or in any way, held to be contrary to any law by any court of proper jurisdiction, the remainder of this MOU and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE 32 - NO STRIKE 32.1 It is agreed and understood that under the terms of this MOU, the UNION and/or its members shall not conduct any strikes, including sympathy strikes, slowdowns, or work stoppages; nor shall there be any refusal or failure to fully and faithfully perform job functions and responsibilities, by the UNION or by its officers, stewards, agents, or unit members during the term of this MOU. 32.2 UNION recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, or slowdown by employees who are represented by the UNION, the UNION agrees in good faith to take all necessary steps to cease such employee action. 32.3 An employee violating this ARTICLE may be subject to disciplinary action up to and including dismissal. It is understood that in the event this ARTICLE is violated, that ANAHEIM may pursue any and all legal remedies available to it against an employee, if the employee violates the terms of this MOU, and/or the UNION, if the UNION violates this MOU. 20 ARTICLE 33 - AGENCY SHOP 33.1 Agency shop as used in this herein means an organizational security agreement as defined in Government Code section 3502.5. 33.2 Each employee hired on or after September 15, 2009, shall be required as a condition of employment, within forty-five (45) days of his/her appointment date, to become a member of the UNION and maintain his/her membership in accordance with the Constitution and bylaws, or pay an agency service fee set by UNION in an amount not to exceed the amount of the monthly dues and per capita fees required of BA members in their base wage rate, and 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. 33.3 An employee of ANAHEIM employed in a classification listed in Appendix "A" on September 14, 2009, who is not a member of UNION is exempt from the provisions of this ARTICLE, unless and until such employee later voluntarily becomes a member of the UNION or elects to pay the agency service fee. An employee who would otherwise be exempt from the provisions of this ARTICLE who voluntarily becomes a member of the UNION or elects to pay the agency service fee shall lose his/her exemption, and shall be required, as a condition of employment, to maintain his/her UNION membership, or pay the agency service fee set by UNION. 33.4 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 the UNION's determinations of the amounts chargeable, and appropriate escrow provisions to hold contested amounts while the challenges are underway. 33.5 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. 33.6 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. 21 ARTICLE 34 - DURATION 34.1 The terms of this MOU are to remain in full force and effect until the 30th day of June 2020. Upon adoption of a resolution approving this MOU and the terms hereof by the City Council, this MOU shall be in full force and effect. STAFF OFFICIALS of the CITY OF ANAHEIM, a Municipal Corporation INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, LOCAL 47, representing the Anaheim Part -Time Customer Service Employees By s By. By: By: By: By: By: By: By: Dated: /�c) - Dated: Ito - 20-- /� W., APPENDIX "A" WAGES January 3, 2017 through August 10, 2017 Classification Schedule/Steps Hourly Rates Part -Time Meter Reader 24303-9 24303-9 $22.44 - $28.39 Part -Time Public Utilities Customer 20574-9 20574-9 $19.38 - $23.58 Service Representative I Service Representative I Part -Time Public Utilities Customer 24204-9 24204-9 $22.80 - $27.74 Service Representative II Service Representative II Part -Time Public Utilities Customer 2541 4-9 $23.94 - $29.13 Service Representative III Service Representative III Part -Time Utilities Service 2721 4-9 $26.13 - $31.79 Representative August 11, 2017 through June 28, 2018 Classification Schedule/Steps Hourly Rates Part -Time Meter Reader 24303-9 $23.11 - $29.24 Part -Time Public Utilities Customer 20574-9 $19.96 - $24.29 Service Representative I Part -Time Public Utilities Customer 24204-9 $23.48 - $28.57 Service Representative II Part -Time Public Utilities Customer 2541 4-9 $24.66 - $30.00 Service Representative III Part -Time Utilities Service 2721 4-9 $26.91 - $32.74 Representative 23 June 29, 2018 through June 27, 2019 Classification Schedule/Steps Part -Time Meter Reader 24303-9 Part -Time Public Utilities Customer Service Representative I Part -Time Public Utilities Customer Service Representative II Part -Time Public Utilities Customer Service Representative III Part -Time Utilities Service Representative 20574-9 24204-9 2541 4-9 2721 4-9 June 28, 2019 through June 30, 2020 Classification Schedule/Steps Part -Time Meter Reader 24303-9 Part -Time Public Utilities Customer Service Representative I Part -Time Public Utilities Customer Service Representative II Part -Time Public Utilities Customer Service Representative III Part -Time Utilities Service Representative 20574-9 24204-9 2541 4-9 2721 4-9 24 Hourly Rates $23.69 - $29.97 $20.47 - $24.90 $24.07 - $29.28 $25.27 - $30.75 $27.58 - $33.56 Hourly Rates $24.40 - $30.87 $21.08 - $25.65 $24.79 - $30.16 $26.03 - $31.67 $28.41 - $34.57 APPENDIX "B" SPECIAL PROVISIONS B.1 Effective the pay period beginning August 11, 2017, employees working in classifications listed in Appendix "A" shall receive a three percent (3%) wage increase. B.2 Effective the pay period beginning June 29, 2018, employees working in classifications listed in Appendix "A" shall receive a two and one-half percent (2'/2%) wage increase. B.3 Effective the pay period beginning June 28, 2019, employees working in classifications listed in Appendix "A" shall receive a three percent (3%) wage increase. 25 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-159 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of November, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November, 2017. Y CLERK OF THE CITY OF ANAHEIM (SEAL)