2003-234RESOLUTION NO. 2003R- 234
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 December 2, 2003, 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 December 2, 2003, 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 October 3, 2003 through October 4, 2007.
BE IT FURTHER RESOLVED that Resolution No. 00R-194 is hereby
repealed effective October 2, 2003.
THE FOREGOING RESOLUTION is
Council of the City of Anaheim this 9
approved and adopted by the City
da?~ecember ~
MAYOR OF THE CI~¢Y O'I~NAHEIM
ATTEST:
~C[TY CL~RK OF THE ;rl-Y OF A~AHEIM
A,i~PR~AS T?~
ClT'IT'-A~TORNEYt(~ ~ (~J,t-Y OF ANAHE~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-234 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 9th day of December 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez, Hemandez, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS:
None
ABSENT: MAYOR/COUNCIL MEMBERS: None
(SEAL)
MEMORANDUM OF UNDERSTANDING
between the
SERVICE EMPLOYEES' INTERNATIONAL
UNION, LOCAL 1877
and the
CITY OF ANAHEIM
October 3, 2003 through October 4, 2007
ARTICLE 1
AR'I~CLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
APPENDIX "A"
APPENDIX "B"
APPENDIX "C"
TABLE OF CONTENTS
PREAMBLE
UNION RECOGNITION
DISCUSSION
AGENCY SHOP
HIRING & EMPLOYMENT OF EMPLOYEES WORKING
DURING SPORTS AND OTHER EVENTS OCCURRING AT
THE ANAHEIM STADIUM PARKING LOT AND AT THE
CONVENTION CENTER
CHECK-OFF
ADMINISTRATION
CLASSIFICATIONS, WAGES AND HOURS
WORKING CONDITIONS
HEALTH AND WELFARE
DRUG AND ALCOHOL TESTING BASED
ON
REASONABLE SUSPICION
GRIEVANCE PROCEDURE
PREVAILING RATES FOR SUBCONTRACTORS
NO STRIKE
EMPLOYEE-EMPLOYER COMMITTEE
WORK ASSIGNMENT
MILITARY LEAVE
VACATION BENEFIT
SAVINGS CLAUSE
DURATION
WAGES
HEALTH & WELFARE
DEFINED CONTRIBUTION RETIREMENT PLAN
PAGE
1
1
2
2
3
11
12
13
13
13
14
14
15
15
16
20
21
SEIU 10/03/03 to 10/4/07
1.1
ARTICLE ~.
PREAMBLE
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, AFL-CIO, 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 Stadium Parking Lot and the Anaheim
Convention Center at 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
incorporated in full in a resolution of the City Council. Upon the adoption of such a
resolution, all the terms and conditions of this Memorandum shall become effective
without any further action by either party.
2.1
ARI'ZCLE 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 Stadium Parking
Lot and at the 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.
! SEIU 10/03/03 to 10/4/07
ART/CLE 3
DTSCUSS]:ON
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.
3.2
Within 90 days of the execution of this agreement the issue of WORK ASSIGNMENTS
shall be discussed. Such discussions shall continue as long as City and UNION concur
they are productive.
3.3
Tf 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
For issue(s) not specifically identified in AR~CLE 3.2 above, 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.
ART/CLE 4
AGENCY SHOP
4.1
CFI-Y and UNION agree SEIU employees shall be permitted to vote, once during the
term of the agreement, on whether or not to reinstate agency shop.
2 SEIU 10/03/03 to 10/4/07
ARTTCLE 5
HI'R1'NG AND EMPLOYMENT OF EMPLOYEES WORK]~NG DUR]~NG SPORTS AND
OTHER EVENTS AT THE ANAHEI'M STAD1'UM PARKZNG LOT AND AT THE
CONVENT]~ON CENTER
5.1
.]ob 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 ANAHETM retains
the right to reject any applicant for employment; PROVTDED, HOWEVER, that no test
or qualification procedures utilized by ANAHEIH or refusal to accept for employment
shall be done to discriminate for or against an applicant because of union or non-
union membership or because of race, color, creed, national origin, religious or
political affiliation or belief, sex, age, or physical disability, except where age or lack
of physical disability is a bona fide occupational qualification.
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 16 -- WORK
ASSTGNMENT.
5.4
ANAHEIM agrees to furnish the UNI~ON upon request a list of all persons hired for
events at the Stadium Parking Lot and 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.
3 SEIU 10/03/03 to 10/4/07
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
5.7.4
Assignment of personnel to these positions and between these positions shall
be made by ANAHEIM in accordance with ARTICLE :16.1.2 of the
Memorandum of Understanding.
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 18 -- VACATION BENEFIT, Appendix B, and Appendix C 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 3.75% of the statutorily required 7% employee contribution to the
retirement system. Such contributions shall be designated as "employer pick
4 SEIU 10/03/03 to 10/4/07
up" contributions under the provisions of Section 414 (h)(2) of the Tnternal
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 16 - WORK
ASSIGNIVlENT. The City agrees that employees assigned under the provisions of
Article 5.7.1.2 shall be enrolled in PERS.
ART'[CLE 6
CHECK-OFF
6.1
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 UNTON, shall constitute payment
of said dues and initiation fees or service charges by such members and employees
of the UNION.
6.2
When employee orientations and/or ANAHE1~M 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.
ARTZCLE 7
ADF,11'N1'STRATZON
7.1
UNION representatives shall be permitted to visit the operations covered herein for
the purpose of observing conditions under which employees are working, provided
such visit shall not interrupt the work of such employees.
5 SEIU 10/03/03 to 10/4/07
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.
7.3
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.
7.4
ANAHEIM shall annually, on or before May 1st, furnish the UNION a list of all
employees in classifications listed in Appendix "A", including date of hire.
8.1
ARTI'CLE 8
CLASSTFI'CA'rZONS~ WAGES AND HOURS
Wages and hours of work for the various classifications shall be as set forth in
Appendix "A", attached to this Memorandum and by this reference made a part
hereof.
9.1
ARTZCLE 9
WORKTNG CONDT'rZONS
ANAHEIM agrees to furnish and maintain uniforms for its employees in classifications
listed in Appendix "A" except Sweeper and Cleaner Set-Up Worker without cost to
the employees. The shirts shall not be considered part of the uniform and, if they
are furnished, shall be solely at the discretion and convenience of ANAHEIM.
9.2
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.
6 SEIU 10/03/03 to 10/4/07
9.3
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.
9.4 Adequate restroom and locker room facilities shall be provided for all employees.
9.5
ANAHEIM shall provide flashlights to employees when ANAHEIM determines
flashlights are required in the performance of the employees' work.
9.6
Upon request, the City of Anaheim shall provide rain gear to employees who are
required to work outdoors during inclement weather.
9.7
ANAHEIM and UNION agree that availability is a condition of employment. Event
part-time employees shall be required to maintain an availability of twenty hours per
week. Regular part-time employees shall be required to maintain an availability of
thirty 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.
9.7.1
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 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.
9.7.2
ANAHEIM and UNTON 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
7 SEIU 10/03/03 to 10/4/07
purposes of this provision shall be the employee's spouse, children, parents,
and grandparents, and the parents of the employee's spouse.
9.7.3
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 ANAHE]~IVl, and shall
require the prior written approval of Convention Center management.
ARTICLE 10
HEALTH AND WELFARE
10.1
Employees working in classifications listed in Appendix "B" shall be provided Health
and Welfare benefits in accordance with the provisions of Appendix "B" attached
hereto.
ARTZCLE 11
DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPTCTON
11.1
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.
11.2
Employees taking drugs prescribed by an attending physician must advise their
direct supervisOr, before beginning work, of possible side effects of such drugs which
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
8 SEIU 10/03/03 to 10/4/07
required if there is a question regarding an employee's ability to safely and
effectively perform assigned duties while using such drugs.
11.3
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.
11.3.1 The term "reasonable suspicion" as used in ARTICLE 11.3 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.
11.3.2
The term "under the influence" as used in ARTICLE 11.3 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.
11.4
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.
11.4.1 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.
11.5
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
9 SEIU 10/03/03 to 10/4/07
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.
11.6
All alcohol or controlled substances testing shall comply with the procedures set
forth in the Federal Motor Carrier Safety Regulations Title 49 - Transportation,
Chapter TII - Federal Highway Administration Department of Transportation, Part 40
(Procedures for Transportation Workplace Drug and Alcohol Testing Programs.)
11.6.1 A positive result from a drug and/or alcohol screening may result in
disciplinary action, up to and including dismissal.
11.6.2
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 11.2 above,
the employee may be subject to disciplinary action, up to and including
dismissal.
11.7
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.
11.8 Information obtained under the provisions of this AR'i~CLE and the attendant
regulations, policies and procedures, shall be held strictly confidential.
11.8.1
The drug and/or alcohol screening results will be retained with medical
examination results in a separate location in compliance with the
confidentiality of Medical Information Act, California Civil Code Section 56,
et seq.
10 SEIU 10/03/03 to 10/4/07
11.8.2 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.
11.8.3
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.
ARTI'CLE 12
GRIEVANCE PROCEDURE
12.1
Any grievance or dispute which may arise out of the application or interpretation of
the terms or conditions of this Memorandum shall be settled in accordance with the
procedure set forth immediately hereinbelow except a dispute by an applicant
regarding employment. In the event the grievance or dispute requires an
expeditious resolution based on a pending event at either the Anaheim Stadium
Parking Lot or Convention Center, the UNION, by written notice to ANAHEIM, may
request an immediate meeting with representatives of ANAHEIM and upon receiving
such written notice, representatives of ANAHEIM shall be available to meet with
representatives of the UNION within forty-eight (48) hours after receipt of the
written notice.
12.2
Any grievance or dispute as defined under ARTICLE 12.1 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
latter, shall meet within fifteen (15) calendar days of the receipt of the written
grievance with an authorized agent of the UNION, selected by the UNION, in an
attempt to resolve the dispute.
11 SEIU 10/03/03 to 10/4/07
12.2.1 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. Tn the event the parties are unable to agree upon the
selection of such impartial arbitrator within ten (10) calendar days, upon
request of either party an arbitrator shall be selected from a list of
prospective arbitrators submitted by the American Arbitration Association.
12.3
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.
12.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the UNION.
12.5
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 13
PREVAILING RATES FOR SUBCONTRACTORS
13.1
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
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.
12 SEIU 10/03/03 to 10/4/07
ARTICLE 14
NO STRIKE
14.1
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 15
EMPLOYEE-EMPLOYER COMMI'rrEE
15.1
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 16
WORK ASSIGNMENT
16.1
In the interest of maintaining an efficient system of operations at the Anaheim
Stadium Parking Lot and the 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:
16.1.1 Work opportunities required to maintain an adequate, interested, trained,
available part-time work force.
16.1.2 Employee's record of performance, availability, and seniority (Convention
Center Department date of hire) in that order.
13 SEIU 10/03/03 to 10/4/07
16.1.2.1 Notwithstanding the above, assignments of employees shall not
be made in a capricious or arbitrary manner.
16.1.3
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 16 above.
16.2
On June 30m 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
year.
17.1
AR'rTCLE 17
MILTTARY LEAVE
Military Leave and compensation therefore shall be in accordance with the provisions
of the Military and Veterans Code of the State of California.
18.1
ARTICLE 18
VACATION BENEFIT
Employees working in classifications listed in Appendix "A", who work eight hundred
(800) or more hours in any calendar year shall be paid three percent (3%) of their
gross earnings as vacation benefits upon separation or during the first pay period of
the next calendar year. The calendar year shall be defined as the period for which
wages earned are reported for tax purposes.
14 SEIU 10/03/03 to 10/4/07
19,1
ARTICLE 19
SAVINGS CLAUSE
The resolution of ANAHEIM shall provide that if any provisions of this Memorandum
or the Resolution is at any time, or in any way, held to be contrary to any law by a
court of proper jurisdiction, the remainder of this Memorandum and the remainder of
the Resolution shall not be affected thereby, and shall remain in full force and effect.
20.1
ARTICLE 20
DURATION
The terms of this Memorandum are to remain in full force and effect until the 4th day
of October 2007, except that either ANAHEIM or the UNION shall have the right
during the sixty (60) days preceding October 4, 2007, 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,
October 4, 2007, 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 C~q-Y of
ANAHEIM, a Municipal Corporation
By: < .
By:
Dated
SERVICE EMPLOYEES' INTERNATIONAL
UNION, LOCAL 1877
By:
By:
Dated:
15
SEIU 10/03/03 to 10/4/07
APPENDIX "A'
WAGES
CLASSIFICATION
10/3/2003
HOURLY PAY RATES
10/8/2004 10/7/2005
10/6/2006
Alteration Worker
$10.02 $10.32 $10.63 $10.95
Cleaner
$9.72 $10.01 $10.31 $10.62
Cleaner Set-up Worker
Emergency Medical Technician
-- Convention Center
Gate Captain
3anitor
$9.72 $10.01 $10.31 $10,62
$15.22 $15.68 $16.15 $16.63
$10.14 $10.44 $10.75 $11.07
$9.89 $10.19 $10.50 $10.82
Lead Nurse
$16.18 $16.83 $17.50 $18.20
Money Room Attendant
- (5 hr min)
Nurse
$12.38 $12.75 $13.13 $13.52
$15.37 $15.98 $16.62 $17.28
Tenant Security Director
Ticket Clerk
$9.75 $10.04 $10.34 $10,65
$9.97 $10.27 $10.58 $10.90
Ticket Seller (GA)
Ticket Seller (Res & Box)
$10.53 $10.85 $11.18 $11.52
$10.86 $11.19 $11.53 $11.88
Ticket Seller Advanced
$11,46 $11.80 $12.15 $12.51
Ticket Taker
$9.84 $10.14 $10.44 $10.75
Usher
Usher Captain
$9.26 $9.54 $9.83 $10.12
$10.33 $10.64 $10.96 $11.29
16 SEIU 10/03/03 tO 10/4/07
Incumbent employees employed on February 2, 1996, as Cleaner Set-up Worker (30 hour) -
Convention Center shall have received an additional 20¢ per hour upon appointment to 30
hour status and an additional 20¢ per hour on each anniversary of the appointment to 30
hour status until such additional wages are $1.00 above the Cleaner Set-Up Worker rate
listed in Appendix "A" above. 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.
For the period May 10, 1996 through February 13, 1997, ANAHEIM shall adjust the
employee's Public Employees Retirement System (PERS) contribution so that the employee's
Net Hourly Rate is not reduced as the result of the conversion from employer paid to
employee paid PERS contributions. For the purpose of this paragraph, "Net Hourly Rate" is
defined as the employee's hourly rate of pay including the differential agreed to in this
paragraph less Federally required FICA contributions and employee PERS contributions.
All classifications listed on an hourly basis shall be paid such rate for hours worked
with a four hour guaranteed minimum per event except as noted above. Said work
period is not restricted to any specific hours, but shall be required by ANAHEIM for
each event. Any pay for more than the minimum shall be compensated in fifteen
(15) minute increments.
Personnel newly hired into any classification in Appendix "A" shall be paid an entry-
level rate amounting to 50¢ per hour less than the rates set forth in the Appendix.
This reduced rate shall continue during the first six months of employment.
Thereafter, the rate payable shall be that rate set forth in Appendix "A". Newly hired
personnel shall be defined as those individuals who have had no hours of work in
the classifications outlined in Appendix "A" for a period of nine months.
On New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day, employees working in the above classifications shall receive pay
at a rate of one and one-half times the rate specified above. Effective .luly 1, 2001,
on Martin Luther King 3r.'s birthday, employees working in the above classifications
shall receive pay at a rate of one and one-half times the rate specified above.
SEIU 10/03/03 to 10/4/07
In case of cancellation of event, and if ANAHEIM does not give reasonable notice,
either personally or through public communications, ANAHEIM shall pay to Crowd
Control employees as follows: two (2) hours pay if the employee reports for work;
and four (4) hours pay if the gates are open.
For the events where the four-hour minimum rates are applicable for Crowd Control
employees, they shall be paid for such four-hour minimum rate for each separate
event, which they work in any day.
The classification and rates of "Janitor" above shall apply only to incumbent
employees employed on February 2, 1996. This is a closed classification and no
employees employed after February 2, 1996 will be hired in this classification.
If lead workers are used by ANAHEIM in any of the above hourly classifications, they
shall receive an additional 60¢.
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. Employees assigned as Fire Door Attendants shall be paid the Usher rate of pay.
10.
Employees assigned to protect exhibitors' property shall receive the Tenant Security
Director rate of pay.
11.
At such times as Anaheim determines that it is in the best interest of the City to
assign supervisory responsibility over lead workers receiving the additional 60¢ per
hour as provided in the Memorandum of Understanding, ANAHEIM and the UNION
agree that such supervisory employees shall receive 60¢ per hour more than the
lead workers supervised.
12.
In the event an employee is called in for meetings and/or training, the guarantee
shall be two (2) hours.
18 SEIU 10/03/03 to 10/4/07
13.
An employee who works any of the five (5) hours between 11:00 p.m. and ,~:00 a.m.
shall be eligible to receive Convention Center graveyard differential pay of 20¢ per
hour for each of those hours worked.
19 SEIU 10/03/03 to 10/4/07
APPENDI'X "B'
HEALTH AND WELFARE
Regular part-time employees assigned in accordance with ARTICLE 5.7.1.2 shall be
provided health and welfare benefits as long as they remain employed and available to
work up to 1,560 hours per year.
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
More than 2 years of coverage
50% of the single party rate
75% of the single party rate
All additional premium shall be the responsibility of the eligible employee.
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.
5. ANAHEIM agrees to implement procedures to amend the City's PERS Miscellaneous Plan:
1) To add the Pre-Retirement Optional Settlement 2 Death Benefit, and
2)
To replace the current $500 (five hundred) Retiree Death Benefit with a $5,000 (five
thousand) retiree benefit, contingent upon agreement being reached by
December 31, 2000, with all bargaining units representing miscellaneous employees.
If agreement is not reached by December 31, 2000, with all bargaining units
representing miscellaneous employees, ANAHEIM will not amend the PERS
Miscellaneous Plan.
20 SEIU 10/03/03to10/4/07
APPENDIX "C"
DEFINED CONTRIBUTION RETIREMENT PLAN
ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the vehicle for a
permitted defined contribution retirement plan for eligible employees in the 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 AR-I-~CLE 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 employer contribution to the plan will be
3.75% of bi-weekly gross pay.
5. ANAHEIM and the UNION agree that the employee contribution to the plan will be
3.75% of bi-weekly gross pay.
Effective the first pay period after City Council approval of a new Memorandum,
ANAHEIM and the UNION agree that the employer contribution to the plan will cease
and the employee contribution to the plan will be 7.5% of bi-weekly gross pay.
ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as
the depository for the Convention Center Part-Time Employees Retirement Account, and
that all (employee and employer) contributions to this mandatory program will be
separately accounted for.
8. ANAHEIM and the UNION agree that employee and employer contributions will begin on
June 28, 1991 and continue during the life of this Appendix "C" agreement.
9. ANAHEIM and the UNION agree that employees will be fully vested in the benefit (both
employee and employer contributions) at the time of initial contributions.
21 SEIU 10/03/03 to 10/4/07
10. ANAHEIH agrees that, Anaheim will develop and adopt such amendments to the 457
plan, necessary to ensure compliance with Internal Revenue Service regulations and
rulings at such time as they are issued.
11. Either ANAHEIM or the UNION may, at it sole discretion, terminate this Appendix "C"
agreement upon 90 days notice to the other party. If being understood that termination
of this agreement would result in the implementation of Social Security payments by the
employee and the employer as required by Section 3121(b)(7)(F) of the Tnternal
Revenue Code.
22 SEIU 10/03/03to10/4/07