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2004-234 RESOLUTION NO. 2004- 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 GENERAL TRUCK DRIVERS UNION, LOCAL 952, AND THE CITY OF ANAHEIM WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer- employee relations systems 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 the adoption to the Memorandum of Understanding executed on November 23,2004, between the General Truck Drivers Union, Local 952 and the City of Anaheim is in the best interest of the City of Anaheim. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the Memorandum of Understanding between the General Truck Drivers Union, Local 952 and the City of Anaheim, executed by the City Management Representatives and the General Truck Drivers Union, Local 952, on November 23,2004, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of December ,2004, by the following roll call vote: NOES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez None AYES: ABSTAIN: None ABSENT: None MA \ . \.../ F:\OT3428CS.DOC MEMORANDUM OF UNDERSTANDING between the GENERAL TRUCK DRIVERS UNION, LOCAL 952 a nd the CITY OF ANAHEIM October 3, 2003 through October 4, 2007 TABLE OF CONTENTS PAGE ARTICLE 1 PREAMBLE 1 ARTICLE 2 UNION RECOGNITION 1 ARTICLE 3 HIRING & EMPLOYMENT OF EMPLOYEES WORKING 2 IN THE CONVENTION. SPORTS AND ENTERTAINMENT DEPARTMENT ARTICLE 4 CHECK-OFF 5 ARTICLE 5 ADMINISTRATION 6 ARTICLE 6 CLASSIFICATIONS, WAGES AND HOURS 6 ARTICLE 7 WORKING CONDITIONS 6 ARTICLE 8 DISCUSSION 7 ARTICLE 9 GRIEVANCE PROCEDURE 8 ARTICLE 10 PREVAILING RATES FOR SUBCONTRACTORS 10 ARTICLE 11 NO STRIKE 10 ARTICLE 12 WORK ASSIGNMENT 10 ARTICLE 13 DRUG AND ALCOHOL TESTING BASED ON REASONABLE 11 SUSPICION ARTICLE 14 VACATION BENEFIT 14 ARTICLE 15 SAVINGS CLAUSE 15 ARTICLE 16 WAGE REOPENER FOR SECURITY GUARDS 15 ARTICLE 17 DURATION 16 APPENDIX A-1f A-2 WAGES 17 APPENDIX A-3 WORKING CONDmONS 19 APPENDIX B DEFINED CONTRIBUTION PLAN 21 ARTICLE 1 PREAMBLE 1.1 The wagesf 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 General Truck Drivers Unionf Local 952f affiliated with International Brotherhood of Teamsters (hereinafter called "UNION") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A" in the Conventionf Sports and Entertainment Department. 1.2 The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between the staff officials of ANAHEIM and the UNION and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a Resolution of the City Council. Upon the adoption of such a Resolutionf all the terms and conditions of this Memorandum shall become effective without further action by either party. ARTICLE 2 UNION RECOGNITION 2.1 ANAHEIM hereby recognizes UNION as the collective bargaining representative for all its members and as the collective bargaining agency concerning the wagesf hours and working conditions of employees working in the Conventionf Sports and Entertainment Department in the classifications that are set forth in "Appendix A-1" and "Appendix A-2"f to the fullest extent allowable under California law applying to public employees. As public employeesf such employees shall have the right to discuss individual problems of employment with ANAHEIMf provided that upon the request of the 1 employee the UNION shall be kept fully informed and have the right to be present at all meetings between ANAHEIM and the individual. ARTICLE 3 HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE CONVENTION. SPORTS AND ENTERTAINMENT DEPARTMENT 3.1 Job Bulletins regarding classifications represented by the UNION shall be sent to the UNION during recruitment periods. 3.2 ANAHEH1 shall be the sole judge of thc tcstingf qu~lification ~nd ~cccpt~ncc procedures of all applicants for employment and promotion and ANAHEH1 rct~ins the right to rcjcct ~n'f applicant for employmcnt; rROVIDEDf HO'NEVERf th~t no test or qualification procedurcs utilized by ANAHEI~1 or refusal to acccpt for employment sh~1I be done to discrimin~te for or ~g~inst ~n ~pplicant bec~use of union or non union membcrship or bccausc of r~cef colorf crccdf n~tioml originf religious or political affiliation or bclicff scxf agc or physical dis~bilityf except ','v'hcre agc or lack of physical disability is a bona fide occuputional qualification. 3.2 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHEIM retains the right to reject any applicant for employment: PROVIDED, HOWEVER, that no test or qualification procedure utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of union or non-union membership or, subject to those exceptions and/or limitations set forth in the California Fair Employment and Housing Act and/or Title VII of the Federal statues, because of race, color, religious, creed, national origin, religious or political affiliation or belief, ancestry, sexual orientation, physical disability, mental disability, medication condition, marital status, sex, age, unless based upon a bona fide 2 occuoational qualification or aoolicable security regulations established bv the United States or the State of California or where the employee because of his or her mental or ohysical disability or medical condition is unable to oerform the essential duties even with reasonable accommodation or in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodation 3.3 ANAHEIM agrees once each quarterf or upon requestf to furnish the UNION a list of all persons hired for events at the Conventionf Sports and Entertainment Department. 3.4 Employees hired in classifications listed in Appendices}<' "A-1 and A-2" of this agreement shall be subject to a period of probation consisting of fifty (50) event days 'vVorked or six (6) monthsf whichever occurs later. 3.5 The work and conduct of a probationary employee shall be subject to close scrutiny and evaluation and if found to be below standards satisfactory to the Conventionf Sports and Entertainment Departmentf the probationer may be rejected at any time during the probationary period. Such rejections shall not be subject to review or appeal. 3.6 ANAHEIM agrees that whenf after a reasonable effort to correct deficienciesf an employee is to be terminated or not scheduled for ',vorl< due to unsatisfactory work performance or conductf or lack of availabilityf ANAHEIM shall notify the employee and the UNION no less then seven (7) calendar days prior to taking at such action. ANAHEH1 and the UNION agree those individu()ls who have h()d no hours of work in the c1()ssifications outlined in Appendix "A" for a period of nine months sh()lI be separated. ANAHEH4 shall notify the employee and the UNION of such action. 3 3.7 ANAHEIM has determined that the size and operation of the Conventionf Sports and Entertainment Department has developed to the point that there is a need to set forth criteria for defining groups of employees engaged in limited employment who are covered by the Memorandum of Understanding between the parties. AccordinglYf the following categories are hereby established. 3.7.1 Categories 3.7.1.1 Event Part Time Employees - this category is limited to employees hired to work an average of less than twenty (20) hours per week on an ongoing basis in any fiscal year. 3.7.1.2 Regular Part-Time Employees - this category is limited to those employees who work up to thirty (30) hours per week on an ongoing basis (maximum 1560 hours in any fiscal year). 3.7.2 The number of positions in each category will vary in accordance with ANAHEIM's requirements and will be established by ANAHEIM. 3.7.3 Assignment of personnel to these positions and between these positions will be made by ANAHEIM. Consideration will be given to Event Part-Time Employees when assigning employees to Regular Part-Time. 3.7.4 Employees working in limited employment categories set forth in ARTICLE 3.7.1.1 are not entitled to any of ANAHEIM'S benefit plans except as set forth in ARTICLE B 14 and Appendix "B" of the Memorandum of Understandingf providedf howeverf that employees assigned to ARTICLE 3.7.1.2 will be enrolled in the Public Employees Retirement System covering miscellaneous employees of Anaheim. 4 3.7.5 Employees hired or assigned to positions defined in ARTICLE 3.7.1.2 shall pay 3.75% of the statutory required 7% employee contribution to the retirement system. Such contributions shall be designated as "employer pick up" contributions under the provisions of Section 414 (h)(2) of the Internal Revenue Code. ARTICLE 4 CHECK-OFF 4.1 ANAHEIM agrees to a check-off for the payment of the regular monthly UNION dues and the regular UNION initiation feef and to deduct such payments from the wages of all UNION members when authorized to do so by said membersf and remit such payments to the UNION in accordance with the terms of signed authorizations of such members. The deduction of such dues and initiation fees by ANAHEIM and the remittal of same by ANAHEIM to the UNION shall constitute payment of said dues and initiation fees by such members of the UNION. 4.2 This check-off procedure shall apply only to those members of the UNION whose names shall have been furnished to ANAHEIM by the UNION and who have not arranged to apply their monthly dues and regular initiation fee personally to the UNION. 4.3 When employee orientations are held for employeesf the UNION shall be notified one (1) week in advancef or as soon as practicalf 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. 5 ARTICLE 5 ADMINISTRATION 5.1 Union representatives shall be permitted to visit the operations covered herein for the purpose of observing conditions under which employees are workingf provided such visit(s) shall not interrupt the work of employees. 5.2 ANAHEIM recognizes the employees' and the UNION'S right to elect or appoint shop stewards. The UNION agrees to notify ANAHEIMf in writingf as to such shop stewards' identities and of subsequent elections or appointmentsf if any. The parties agree that employees elected or appointed as shop stewards for and by the UNION shallf neverthelessf be required to and shall work all regular work in their respective classifications. 5.3 ANAHEIM shall furnish bulletin board space at a mutually agreeablef specific location for the purpose of posting notices pertaining to UNION business. ARTICLE 6 CLASSIFICATIONS. WAGES AND HOURS 6.1 Wages and hours of work for the various classifications shall be as set forth in "AfT "Appendix A-1fT, "Appendix A-2fT, and Appendix A-3fT attached to this Memorandum and by this reference made a part hereof. ARTICLE 7 WORKING CONDITIONS 7.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear for its employeesf without cost to the employees. 6 7.2 Emoloyees mav 'either wear their uniforms to and from work and clean and maintain their uniforms themselves or change into and out of their uniforms on the oremises on their own time and leave the uniforms in a designated area for cleaning and laundering bv ANAHEIM. All emplovees must be in uniforms that are clean, laundered, wrinkle free, and in keeoing with the professional standards of the Anaheim Convention Center at the start of their shift. H-7.3ANAHEIM shall maintain suitable dressing and break quarters for the use of the employees covered herein. 7-3-7.4 Management of the Conventionf Sports and Entertainment Department willf to the extent possiblef pre-determine the number of parking spaces needed to take care of the public attending events. To the extent there are spaces available to permit employee parkingf spaces will be made available to employees at no charge. Anaheim agrees to make reasonable effort to identify additional employee parking. M 7.5 Adequate restroom and locker room facilities shall be provided for all employees. M 7.6 The City will furnish and maintain safety equipment. As a continuing portion of its Safety Programf the City agrees to maintain an active City/Union communication of any safety problems noted. ARTICLE 8 DISCUSSION 8.1 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 7 grievances or arievable issues mav be discussed bv the UNION or ANAHEIM at either Darty's request. 8.2 A Darty requesting a discussion may orallv or in writing notify the other party of the subject to be discussed. Thereafter, a meeting shall be DromDtlv arranged, at which meeting not more than two UNION members and the business manager or business representative of the UNION may be present. 8.3 If the parties are not able to resolve the issues after three meetings, the issues will be considered dropped, unless both parties agree to meet additional times. 8.4 If the discussion process results in an agreement between the City Management Representative and UNION to amend this Memorandum of Understanding, such agreement shall be incorporated in a written letter of understanding, signed by the City Management Representative and UNION representatives. The matters incorporated in the Letter of Understanding shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 8 2 GRIEVANCE PROCEDURE &-19.1 Any grievance or disputef which may arise out of the application or interpretation of the terms or conditions of this Memorandumf shall be settled in accordance with the procedure set forth belowf except a dispute by an applicant regarding employment. &-2 9.2Any grievance or dispute as defined under ARTICLE &-1 9.1 above shall be reduced to a written form by the charging party and presented to the other 8 party's authorized representative within fifteen (15) calendar days of the date of the alleged occurrence or dispute. Thereafterf a representative of ANAHEIMf selected by the latterf shall meet within fifteen (15) calendar days of the receipt of the written grievance with an authorized agent of the UNIONf selected by the UNIONf in an attempt to resolve the dispute. In the event the parties cannot resolve the dispute to the charging partyfs satisfactionf the dispute shallf upon the request of either partyf be referred within thirty (30) calendar days to an impartial arbitrator for a final and binding decision. In the event the parties are unable to agree upon the selection of such impartial arbitrator within ten (10) calendar daysf upon request of either party an arbitrator shall be selected from a list of prospective arbitrators submitted by the American Arbitration Association or any other mutually agreed upon provider. &39.3 An arbitrator's decision shall be final and binding on both partiesf it being agreed that said arbitrator shall have no powers to add to or subtract from the provisions hereinf and that the laws of the State of California shall be controlling at all times. &49.4 All expenses of an arbitration shall be borne equally by ANAHEIM and the UNION. &59.5 The parties may mutually agree to submit any grievance or dispute covered under the provisions of this ARTICLE to non-binding mediationf prior to submission to arbitration. This language is not intended to impede or delay the arbitration process. 9 ARTICLE 9-10 PREVAILING RATES FOR SUBCONTRACTORS 9d-lO.lIn the event ANAHEIM decides to contract out to a private employer any of the work of the classifications herein covered for eventsf it is agreed that such contracting of said work shall be made by ANAHEIM only to contractors or employers whose employees are paid the prevailing rates of pay and all other applicable benefits which are provided for in this Memorandum for employees in the specified classifications. This Article shall remain in effect through midnight September 30f 1996. ARTICLE *11 NO STRIKE ffi-1- 11.1During the term of this Agreementf the UNION agrees that neither the UNION nor its officersf agents or members will directly or indirectly causef sanctionf permitf support or engage in any strikesf slowdownsf walkoutsf stoppages of work or other concerted interference with ANAHEIM's business or operations. -1{t;..2 11.2The UNION and its officers or officials shall take every reasonablef promptf and positive measure within their power to prevent and stop any unauthorized strikef slowdownf walkout or stoppage of work. ARTICLE H-12 WORK ASSIGNMENT -!-h-! 12.1 In the interest of maintaining an efficient system of operations in the Conventionf Sports and Entertainment Department and to facilitate the assignment of fluctuating numbers of part-time parking lot employees to the 10 various eventsf ANAHEIM and the UNION agree that appropriate consideration shall be given to the following: l1.1.112.1.1Work opportunities required to maintain an adequatef interestedf trainedf available part-time parking lot work force. 11.1.2 12.1.2 Affected Employees' record of performancef availability and seniorityf in that order. Notwithstanding the preceding sentence, the assignment of affected employees shall not be made in a capricious or arbitrary manner. ARTICLE H 13 DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION H-d- 13.1 It is critical to the public health and welfare and to employees safety to ensure a drug and alcohol free work environment. No employee shall report to work while under the influence of drugs or alcohol or illegal drugsf nor shall any employee possessf usef or consume alcohol or illegal drugs while on City time or on City property. No employee shall report to work or remain on duty while his/her ability to perform job duties is impaired due to alcohol or drug usef whether such use was on duty or off duty. ~ 13.2 Employees taking drugs prescribed by an attending physician must advise their direct supervisorf before beginning workf of possible side effects of such drugsf if the physician or physician's assistantf nurse or pharmacist advises the employee that it could interfere with the safe and effective performance of duties or operation of equipment. Clearance from a qualified physician designated by the City may be required if there is a question regarding an employeefs ability to safely and effectively perform assigned duties while using such drugs. 11 ~13.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shallf for safety purposesf be provided transportation from the work site as appropriate. ~ 13.3.1 The term "reasonable suspicion" as used in ARTICLE -1-2-3 13.3 above is a belief based on objective factsf sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. ~ 13.3.2 The term "under the influence" as used in ARTICLE 13.1 above means the employee's ability to perform the functions of the job is impaired or that the employee's ability to perform his or her job safely is reduced due to the consumption or use of drugs or alcohol. ~ 13.4 Managers and supervisors may orderf upon concurrence of a second level of supervisorf 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 and/or alcohol while at a work locationf 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. 12.1.1 13.4.1An employee who refuses an order to submit to a drug and/or alcohol screeningf or to authorize the taking of a samplef or to authorize the release of the results of the screening to the Cityf or engages in conduct that clearly obstructs the testing process shall be subject to disciplinary actionf up to and including dismissal. ~ 13.5 All alcohol or controlled substances testing shall comply with the procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 - Transportationf Chapter III - Federal Highway Administration Department of 12 Transportationf Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs.) 12.5.1 13.5.1A positive result from a drug and/or alcohol screening may result in disciplinary actionf up to and including dismissal. ~ 13.5.2If a drug screen is positivef the employee must providef within 24 hours of requestf bona fide verification of a valid prescription in the employee's name for the drug identified in the drug screen. An employee may be subject to disciplinary actionf up to and including dismissal: . If the employee does not provide acceptable verification of a valid prescription; or . If the prescription is not in the employee's name. ~ 13.6 An employee who has had a positive result from a drug screening shall undergo a return-to-duty drug screening and will not be returned to duty unless there is a verified negative result for controlled substances. An employee who has had a positive result from an alcohol screening shall undergo a return-to-duty alcohol screening and will not be returned to duty unless there is a verified result of an alcohol concentration of less than 0.02. -!2-;-713.7 Information obtained under the provisions of this ARTICLE and the attendant regulationsf policies and proceduresf shall be held strictly confidential. ~ 13.7.1The 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 Actf California Civil Code Section 56f et seq. ~ 13.7.2 The reports or test results may be disclosed to City Management on a strictly need-to-know basis and to the tested employee upon request. 13 12.7.3 13.7.3 Disclosuresf without patient consentf may also occur when the information: (1) is compelled by law or by judicial or administrative process; (2) has been placed at issue in a formal dispute between the employer and the employee; (3) is to be used in administering an employee benefit plan; (4) is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure. ARTICLE -!a 14 VACATION BENEFIT -1-3-d-14.1 An employee working in classifications listed in Appendices}<' "A-1" or "A-2" who works eight hundred (800) or more hours in any calendar year shall be paid three percent (3%) of his/her gross earnings as vacation benefits upon separation or during the first pay period of the next calendar year. The calendar year shall be defined as the period for which wages earned are reported for tax purposes. ~ 14.2 For calendar year 2004 an additional two percent (2) shall be paid as a signing bonus during the first pay period of the next calendar year. ARTICLE 14 ACENCY SHOP 1 '1.1 In the event that this agreement is ratified and signed by the Union prior to ~1arch 9f 1989f ANAHEH1 agrees to implement an Agency Shop effective February 9f 1990f in accordzmce 'Nith Section 3502.5 of the Government Code effective ~1urch 10f 1989. The eligible charities exempt from taxation under 14 501 (c)(3) shall be the American Cancer Societyf the American Heart Associ~tionf and the American Lung Association. ARTICLE lS SAVINGS CLAUSE 15.1 The Resolution of ANAHEIM shall provide that if any provision of this Memorandum or the Resolution is at any timef or in any way held to be contrary to the law by any court of proper jurisdictionf the remainder of this Memorandum and the remainder of the Resolution shall not be affected therebYf and shall remain in full force and effect. ARTICLE 16 WAGE RE-OPENER FOR SECURITY GUARDS 16.1 Effective November L 2005 August L 2006, ANAHEIM and UNION agree to re-open the agreement for classifications listed in Appendix "A-2" Security Guards for the purpose of negotiating a wage increase only. Changes resulting from these negotiations shall be effective January 13 October 6 2006. ANAHEIM and UNION agree that any agreement reached shall be created by Letter of Understanding and submitted to the affected members for ratification and the City Council for determination. If no agreement is reached, ANAHEIM and the UNION shall have the right to use any mutually agreed upon impasse resolution process authorized by law. 15 have the right to use any mutually agreed upon impasse resolution process authorized by law. ARTICLE 17 DURATION 17.1 The terms of this Memorandum are to remain in full force and effect until and including the 4th day of October 2007 except as to the schedule of wages and economic benefits which are to be reviewed and subject to discussion during the SIX1Y (60) DAYS prior to October 4f 2007f and if said schedule of wages and economic benefits cannot be agreed upon by said datef this Memorandum shall continue thereafter until terminated or amended in the course of meet and confer. Upon adoption of a Resolution approving the terms and conditions of this Memorandum by the City Council of the City of Anaheimf this Memorandum shall be in full force and effect. STAFF OFFICIALS OF THE CITY OF ANAHEIMf A Municipal Corporation GENERAL TRUCK DRIVERS UNIONf Local No. 952f affiliated with the International Brotherhood of Teamsters JkJ ~)jJj <4-t~ 9(.>L--- . -/ cy~ dJ~~- v'~ ~----"y ~~.~~ ~~iL{~ ~~~. (, a",' (/ ~.~ '-r] 0 il0wlbuz <13 )~'f Date ~~'~.J2.(:)o-\. Date 15 ARTICLE 17 DURATION 17.1 The terms of this Memorandum are to remain in full force and effect until and including the ~M day of October 2003f 4th day of October 2007 except as to the schedule of wages and economic benefits which are to be reviewed and subject to discussion during the SIXTY (60) DAYS prior to October 2003f October 4, 2007, and if said schedule of wages and economic benefits cannot be agreed upon by said datef this Memorandum shall continue thereafter until terminated or amended in the course of meet and confer. Upon adoption of a Resolution approving the terms and conditions of this Memorandum by the City Council of the City of Anaheimf this Memorandum shall be in full force and effect. STAFF OFFICIALS OF THE CITY OF ANAHEIMf A Municipal Corporation GENERAL TRUCK DRIVERS UNIONf Local No. 952f affiliated with the International Brotherhood of Teamsters Date Date 16 APPENDIX "A" '*\~CES HOURLY PAY RATES CLASSIFICATIONS rarldng Lot Attendant rarking Lot Cashier rarl<ing Lot Captain 10/8/99 10/6/00 10/5/01 $&69 $&8G $9-;B6 $&86 ~ $9A7 ~ $9;98 $10.28 10/1/02 $9-33 $9;75 $10.59 1. rersonncl nC'/,'ly hired into any classification in Appendix "A" on or after 3/28/86f 'i,'i11 be paid an entry levcl rate amounting to 50 cents per hour less than the rates set forth in the Appcndix. This reduced rate '.viII continue during the first 100 hours of employment. Thereafterf the rate payable shall be that rate set forth in Appendix "A". Ne'vVly hired personncl shall be defined as those individuals who have had no hours of ',vorl< in the classifications outlined in Appendix "A" for a period of nine months. 2. The hourly rate classifications shall be on a four (1) hour guarantee except when called in for meetings and training ':.then the guarantee shall be two (2) hours. For time 'ivorked in excess of the guaranteef employees in said classifications shall be paid straight time overtime based on the applicable hourly rates to be computed in qUurter hour units. On Ne'N Yearfs DaYf ~1emorial DaYf Independencc DaYf Labor DaYf Thanksgiving Day and ChristmaS DaYf employees 'Iv'orl<ing in the above classifications shall rcccive time and one half (1/2) for all hours ',,\'orked. Effecti'.:e 2002 on ~1artin Luther Kingf Jr.'sf birthda'y'f employees working in the above classifications shall recei'./e time and one half (1/2) for all hours '/iorl<ed. 3. For time worked in excess of eight (8) hours per day or forty (10) hours in one weekf employees shall be paid time and one half (1/2) based on the applicable hourly rates to be computed in quarter hour units. 17 1. In case of rain out or c~nccllation of an eventf and if ANAHEH1 does not give reasonable noticef either personally or through public communicationsf ANAHEH1 will pay to hourly employees tvY'o (2) hours pay if the employee reports for work. APPENDIX "A-I" Wages Parkina Lot EmDlovees HOURLY PAY RATES CLASSIFICA nONS 10/3/2003 10/712005 10/612006 Parking Lot Attendant $9.61 $9.90 $10.20 Parking Lot Cashier $10.04 $10.34 $10.65 Parking Lot Captain $10.91 $11.23 Reflects 30/0 waae increases effective 10/3/03, 1017/05 and 10/6/06 $11.57 1. Personnel newly hired into any classification in Appendix "A-1" Parking Lot Employeesf will be paid an entry-level rate amounting to 50 cents per hour less than the rates set forth in the Appendix. =Fftfs These reduced rate~ will continue during the probationary period set forth in Article 3.4. Thereafterf the rate payable shall be that rate set forth in Appendix "A-1". APPENDIX "A-2" Wae:es Security Guards 10/3/2003 12/31/2004 Schedule/steps Hourlv Rates Schedule/steps Hourlv Rates Part Time Lead Securitv Guard 1830 D-E 17.43-18.30 1894 D-E 18.04-18.94 Part Time Securitv 1591 D-E 15.15-15.91 Guard Reflects a 3.50/0 waae increase effective 12/30/2004 1647D-E 15.69-16.47 18 1. ANAHEIM AND UNION agree that wages for security guard classifications reDresented bv UNION shall be based on the following salary relationshiDs: PART TIME SECURITY GUARD Part Time Lead Security Guard 1.150 x Part Time Security Guard APPENDIX "A-3" Workin2 Conditions Parkina Lot EmDlovees and Security Guards 1. The hourly rate classifications shall be on a four (4) hour guarantee except when called in for meetings and training when the guarantee shall be two (2) hours. For time worked in excess of the guarantee, employees in said classifications shall be paid straight time overtime based on the applicable hourly rates to be computed in quarter hour units. On New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, aM Christmas Day, and Martin Luther Kina, Jr.'s birthday, employees working in the above classifications shall receive time and one-half (1/2) for all hours worked. Effecti'le2002 on M~rtin Luther King, Jr.'s birthd~y, employees working in the ~bove cl~ssific~tions sh~1I receive time ~nd one h~lf (1/2) for ~II hours .....orked. 2. For time worked in excess of eight (8) hours per day or forty (40) hours in one week, employees shall be paid time and one-half (1/2) based on the applicable hourly rates to be computed in quarter hour units. 3. In case of rain out or cancellation of an event, and if ANAHEIM does not give reasonable notice, either personally or through public communications, ANAHEIM will pay to hourly employees two (2) hours pay if the employee reports to work. 19 APPENDIX "B" DEFINED CONTRIBUTION RETIREMENT PLAN 1. ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the vehicle for a permitted defined contribution retirement plan for eligible employees of the Parking Lot Employees Unit. 2. ANAHEIM and the UNION agree that mandatory participation is required by all employees in Article 3.7.1.1 Event Part-Time Employees. 3. ANAHEIM and the UNION agree that employees in Article 3.7.1.2 Regular Part-Time Employees are not eligible to participate in the mandatory 457 program. 4. Effective May 10f 1996f after City Council approval of a new Memorandum of Understandingf 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. 5. ANAHEIM and the UNION agree that Anaheim shall select a single financial institution as the depository for the Parking Lot Employees Retirement Accountf and that all employee contributions to this mandatory program will be separately accounted for. 6. ANAHEIM and the UNION agree that employee contributions will continue during the life of this agreement. 7. ANAHEIM and the UNION agree that employees will be fully vested in the benefit at the time of initial contributions. 20 8. ANAHEIM and the UNION agree that employees will not be removed from the planf except at such time as the employee is formally removed from the City payroll. 9. ANAHEIM agrees that Anaheim will develop and adopt such amendments to the 457 plan that are necessary to ensure compliance with Internal Revenue Service regulations and rulings at such time as they are issued. 10. Either ANAHEIM or UNION maYf at its sole discretionf terminate this agreement upon 90 days notice to the other party; it being understood that termination of this agreement would result in the implementation of Social Security payments by the employee and the employer as required by Section 3121 (b)(7)(F) of the Internal Revenue Code. 21