RES-2021-081RESOLUTION NO. 2021 - 0 81
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 UNIT 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 Memorandum of Understanding between the City of Anaheim and
the International Brotherhood of Electrical Workers, Local 47 ("IBEW"), adopted by Resolution
No. 2017-159, expired June 30, 2020; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a
successor Memorandum of Understanding between the City of Anaheim and the IBEW, executed
on August 11, 2021 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 IBEW, representing Part -Time
Customer Service employees, and the City of Anaheim executed by the City Management
Representative and the IBEW on August 11, 2021, 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 July 1, 2020 through December 31, 2022.
BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated
with the authority to publish the authorized salary schedule in said Memorandum of
Understanding in any format meeting the requirements of California Code of Regulations section
570.5.
BE IT FURTHER RESOLVED that Resolution No. 2017-159 is hereby repealed effective
July 1, 2020.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim tills 24th day of August 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Moreno, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
[One City Council vacancy]
A
CITY CLE OF THE CITY OF ANAHEIM
between the
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS,
LOCAL 47
ANAHEIM PART-TIME CUSTOMER
SERVICE EMPLOYEES
CITY OF ANAHEIM
July 1, 2020 through December 31, 2022
Contents
ARTICLE1 - PREAMBLE.......................................................................................1
ARTICLE2 - UNION RECOGNITION.....................................................................1
ARTICLE 3 - UNION ORGANIZATION.................................................................1
ARTICLE4 - EMPLOYEE RIGHTS.......................................................................
3
ARTICLE 5 - MANAGEMENT RIGHTS...................................................................
3
ARTICLE6 - NOTIFICATION..................................................................................4
ARTICLE7 - CONSULTATION.............................................................................
4
ARTICLE8 - MEET AND CONFER........................................................................
4
ARTICLE9 - CHECK-OFF.....................................................................................
5
ARTICLE10 - COMPENSATION............................................................................
5
ARTICLE 11 - HOURS OF WORK AND PAY DAY .............................................. 7
ARTICLE12 - 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........................................................................10
ARTICLE18 - PROBATION...............................................................................
11
ARTICLE19 - DISCIPLINE.................................................................................12
ARTICLE 20 - LAYOFF AND REINSTATEMENT.................................................
12
ARTICLE21 - LEAVE..........................................................................................13
ARTICLE22 - 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
ARTICLE33 - AGENCY SHOP.............................................................................
21
ARTICLE34 - 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 "K.
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.
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.
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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,
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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.
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.
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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 (31d) 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 (9th) 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
R.
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.
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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
%Z) times the employee's regular hourly rate of pay.
12.1.1 Overtime shall be calculated to the nearest one-quarter ('/4) 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 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 ($.70) cents per hour in addition to their regular pay.
13.2 Effective the pay period beginning January 2, 2015, employees required to
speak, read, and/or write in Spanish or other languages (including sign
language), as well as English, as part of the regular duties of their position
will be compensated at the rate of ninety ($.90) cents per hour in addition
to their regular pay.
13.3 The appropriate Executive Manager shall designate which employees shall
be assigned bilingual duties and which language(s) shall be eligible for
bilingual pay.
13.4 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.
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13.5 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 13.4.
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;
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.
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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.
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.
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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 or other reason
resulting in protected leave time during the probationary period,
said employee's probationary status may be extended, subject to
the discretion of the appropriate Department Head, 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 or protected leave
time.
18.2 The work and conduct of probationary employees shall be subject to close
scrutiny. Subject to the discretion of the appropriate Department Head, an
employee's probationary status may be extended beyond the regular
probationary period for reasons other than those addressed in 18.1.1 by
providing the employee advanced written notice. In no event shall a
probationary extension under this provision exceed six (6) months. 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.
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
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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
submitting a new interest card to the Human
Resources Department in the event of a change
of address.
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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:
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.
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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.
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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 (2"d) 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 ll,
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.
18
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 2%) 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.
Mo
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 31St day
of December 2022. 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
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INTERNATIONAL BROTHERHOOD of
ELECTRICAL WORKERS, LOCAL 47,
representing the Anaheim Part -Time
Customer Service Employees
By:
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22
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APPENDIX "Aly
WAGES
July 1, 2020 through September 2, 2021
Classification
Steps
Hourly Rates
Part -Time Meter Reader
3-9
$24.40 - $30.87
Part -Time Public Utilities Customer
4-9
$21.08 - $25.65
Service Representative I
Part -Time Public Utilities Customer
4-9
$24.79 - $30.16
Service Representative 11
Part -Time Public Utilities Customer
4-9
$26.03 - $31.67
Service Representative III
Part -Time Public Utilities Senior
4-9
$28.59 - $34.78
Customer Service Representative
Part -Time Utilities Service
4-9
$28.41 - $34.57
Representative
September 3, 2021 through July 7, 2022
Classification
Steps
Hourly Rates
Part -Time Meter Reader
3-9
$24.82 - $31.41
Part -Time Public Utilities Customer
4-9
$21.45 - $26.10
Service Representative I
Part -Time Public Utilities Customer
4-9
$25.23 - $30.70
Service Representative 11
Part -Time Public Utilities Customer
4-9
$26.50 - $32.24
Service Representative III
Part -Time Public Utilities Senior
4-9
$29.02 - $35.31
Customer Service Representative
Part -Time Utilities Service
4-9
$28.92 - $35.18
Representative
23
July 8, 2022 through December 31, 2022
Classification Steps Hourly Rates
Part -Time Meter Reader 3-9 $25.20 - $31.88
Part -Time Public Utilities Customer 4-9 $21.77 - $26.49
Service Representative I
Part -Time Public Utilities Customer
4-9 $25.61 - $31.16
Service Representative II
Part -Time Public Utilities Customer
4-9 $26.89 - $32.72
Service Representative III
Part -Time Public Utilities Senior
4-9 $29.45 - $35.83
Customer Service Representative
Part -Time Utilities Service
4-9 $29.35 - $35.71
Representative
24
APPENDIX "B"
SPECIAL PROVISIONS
B.1 Effective the pay period beginning September 3, 2021, employees working
in classifications listed in Appendix "A" shall receive a one -and -a -half
percent (1.5%) wage increase.
B.2 Effective the pay period beginning July 8, 2022, employees working in
classifications listed in Appendix "A" shall receive a one -and -a -half percent
(1.5%) wage increase.
25
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-081 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 24th day of August, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
[One City Council vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of August, 2021.
CITY CLE K OF THE CITY OF ANAHEIM
(SEAL)