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83R-128 RESOLUTION NO. 83R-l28 -, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR PART-TIME JOB CLASSIFICATIONS REPRESENTED BY THE GENERAL TRUCK DRIVERS UNION LOCAL NO. 952 AND REPEALING RESOLUTION NO. 80R-109. WHEREAS, the Human Resources Director has met and conferred with officials of the General Truck Drivers Union, Local No. 952 to discuss wages and working conditions; and WHEREAS, as a result thereof. the need exists to repeal Resolution No. 80R-109 which established rates of compensation for job classes repre- sented by the General Truck Drivers Union. Local No. 952; and WHEREAS, the City Council of the City of Anaheim does find that establishing new rates of compensation for these classifications is in the best interests of the City of Anaheim. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim that the terms and conditions of employment for part-time employees working in joh classifications represented by the General Truck Drivers Union, Local No. 952, as defined in the Memorandum of Understanding. attached hereto and incorporated by reference herein, be adopted. BE IT FURTHER RESOLVED that Resolution No. 80R-109 is hereby repealed; and BE IT FURTHER RESOLVED that the effective date of this resolution shall be the 4th day of February 1983. THE FOREGOING RESOLUTION is approved and signed by me this 29th day of March . 1983. ATTEST: ~J,.l~ ITY LERK OF TH CIT OF A'AHEIM ,...--.... APPROVED AS TO FORM: 0564E MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND - GENERAL TRUCK DRIVERS UNION, LOCAL 952 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 General Truck Drivers Union, Local 952. affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (hereinafter called "UNION") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A" at the sporting and other events at Anaheim Stadium and Convention Center, Anaheim. California. 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 further action by either party. ~ - 1 - -L. .~'. " '" '~,~<I':"~, . . I . '"':~~"r~'-:f'."':~. ~....... '/ ,'~ , -~'::,~~.1YN::~~:It\~~. ,'.~ ::4i~.~.:'~'fL ARTICLE I UNION RECOGNITION ANAHEIM hereby recognizes the UNION as the collective bargaining ~ representative for all its members and as the collective bargaining agency concerning the wages, hours and working conditions of employees working at Anaheim Stadium and 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 shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon the request of the employee the UNION shall be kept fUlly informed and have the right to be present at all meetings between ANAHEIM and the indi vidual. ARTICLE II HIRING AND EMPLOYMENT OF EMPLOYEES WORKING DURING SPORTS AND OTHER EVENTS AT ANAHEIM STADIUM AND CONVENTION CENTER Job Bulletins regarding classifications represented by the UNION shall be sent to the UNION during recruitment periods. ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for employment and promotion and ANAHEIM retain the right to reject any applicant for employment; PROVIDED. HOWEVER. that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of union or non-union membership or because of race, color, creed. national origin. religious or political affiliation or belief, - sex, age or physical disability, except where age or lack of physical disability is a bona fide occupational qualification. - 2 - po - ''-'--0'''',:_',''-'-- 1- .,...~:~~~..-;.-:1\;-"'-"..~ ..~?,.. .'. .:' ..'!'.....," > ' " ,./J.: ,,:,';t~~~t;~..~?~1;~'~io,'< ,. . . "'~"~~'~:..,.~~....;.. '..'~:;;',~'~'" ANAHEIM agrees once each month to furnish the UNION a list of all persons hired for events at the Stadium and the Convention Center during the previous calendar month. - Employees hired in classifications listed in Appendix "A" of this agreement shall be subject to a period of probation consisting of fifty (50) event days worked or six (6) months, whichever occurs later. 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 Stadium, Convention Center, and Golf Department, the probationer may be rejected at any time during the probationary period. Such rejections shall not be subject to review or appeal. ANAHEIM agrees that when, after a reasonable effort to correct deficiencies. an employee is to be terminated or not scheduled for work due to unsatisfactory work or lack of availability, ANAHEIM shall notify the employee and the UNION of such action. ARTICLE III CHECK-OFF ANAHEIM agrees to a 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 when authorized to do so by said members, 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. 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 pay their monthly dues and regular initiation fee personally to the UNION. - 3 - ~ ,''"'-.:." ~ ", ~~~. '.;" ',"''"L.~.I~'F-1'..............~:...",,,,"iI/(-' ~ ~ '''I:"i.v,- jP"'~"f." ..'..... ""'-""rWJIP"..~..t-....r-;....~'" ,~~.:..--:..", of"":: '1':...~q:\''f....~...~;L:j~...~.--.,..' . '-"-;,'" it" f,'~i,~"'" ::'-.~''''''~.'....''' ARTICLE IV ADMINISTRATION (a) 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. (b) 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 stewards' identities 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. (c) ANAHEIM shall furnish bulletin board space at each facility at mutually agreeable. specific location for the purpose of posting notices pertaining to UNION business. (d) It is agreed that should the City of Anaheim. in agreements replacing those expiring in October 1983. grant Agency Shop to any organiza- tion representing employees of the City. this agreement will be reopened for the sole purpose of negotiating the Agency Shop issue with Local 952. ARTICLE V CLASSIFICATIONS, 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. ,....-.... ARTICLE VI WORKING CONDITIONS (a) ANAHEIM agrees to furnish and maintain uniforms including suitable raingear for its employees, without cost to the employees. - 4 - ':~,.~'"" '., ,.''''.' '.;. ",!1'~.a~~~'!'~, ,__. 'P',,:",',", t~/~ :-'-..'!.'"', "-~'.~~~~:f:", :: r J'I'.' ~~.~~~'" .~-r . ':~~ -,,)... .", ':". ;t"".......t~:( ," ~ ;,'~t . ~..-~;'., ~-~, _,~.. I:{'~~:f... JI'; r Cb) ANAHEIM shall maintain suitable dressing and break quarters for the use of the employees covered herein. (c) Management of the Stadium and Convention Center will, 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 will be made available to employees at no charge. Anaheim agrees to make reasonable effort to identify additional employee parking. (d) Adequate restroom and locker room facilities shall be provided for all employees. ARTICLE VII GRIEVANCE PROCEDURE (a) Any grievance or dispute which may arise out of the application or in~erpretation of the terms or conditions of this Memorandum shall be settled in accordance with the procedure set forth hereinbelow, except a dispute by an applicant regarding employment. (b) Any grievance or dispute as defined under paragraph (a) hereinabove shall be reduced to a written form by the charging party and presented to the other party's authorized representative. Thereafter, a representative of ANAHEIM. selected by the latter, shall meet with an authorized agent of the - UNION. selected by the UNION, in an attempt to resolve the dispute. In the event the parties cannot resolve the dispute to the charging party's satis- faction, the dispute shall, upon the request of either party. be referred 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) DAYS, upon request of either party an arbitrator shall be selected from a list of prospective arbitrators submitted by the American Arbitration Association. - 5 - ~" ... -~. ,'" . ,. , '""" -~":,": . "'~~""'.' '" ~lIG~""'~~'.1"!-";'tJt;..,...-..'1i..'...: ...... :.._;...".....,.........~.~~~-'e-,..t'.:t"k..,.-\.~..'...!...l~~..:1'<<... c.'"'t'.;-..;.1~...-A..__..~1';:;:" - - (c) 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. (d) All expenses of an arbitration shall be borne equally by ANAHEIM and the UNION. ARTICLE VIII PREVAILING RATES FOR SUBCONTRACTORS In the event ANAHEIM decides to contract out to a private employer any of the work of the classifications herein covered for events, it is agreed that such contracting of said work shall be made by ANAHEIM only to con- tractors 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. ARTICLE IX NO STRIKE The UNION agrees that under the term of this Memorandum the UNION and/or its members shall not conduct any strikes, slowdowns or other work stoppage against ANAHEIM. ARTICLE X WORK ASSIGNMENT In the interest of maintaining an efficient system of operations at Anaheim Stadium and Convention Center and to facilitate the assignment of fluctuating numbers of part-time Parking Lot employees to the various events. --- ANAHEIM and the UNION agree that appropriate consideration shall be given to the following: - 6 - ~i "':'~-'l'" 'i-->'",: )'!~I~""':"':-M'~'''''"V~'~'''Fo''r'':'..1'''-._' "t.;",\ :a--:~"'''~''';;:''':'~'''r: ,t.... 0':, ~"" '~. ,"'..... .J' 'n ,-.,. - ~ ,'~',. 'lit - ~"". .~.;;~."1'1IIf:1\",,:i"-:4!~"'1.... -....'" .~,.'.:._.;;-~_..< T "~_",r....I"!~~ r..51!.I,'; i. Work opportunities required to maintain an adequate, interested, trained. available part-time Parking Lot work force. 2. Employees record of performance. availability and seniority in that order. - ARTICLE XI WORK LOCATION ANAHEIM and the UNION further agree that part-time Parking Lot employees normally assigned to work at one facility will not be ordered to work at another facility except when an insufficient number of part-time Parking Lot employees agree to temporary assignment at the other facility. ARTICLE XII 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 pe~cent (3%) of his/her gross earnings as vacation benefits. The calendar year shall be defined as the period for which wages earned are reported for tax purposes. ARTICLE XIII SAVINGS CLAUSE The Resolution of ANAHEIM shall provide that if any provision of this Memorandum or the Resolution is at any time, or in any way held to be contrary to any law by any court of proper jurisdiction, the reminder of this Memorandum and the remainder of the Resolution shall not be affected thereby, and shall remain in full force and effect. -, - 7 - ".". k ..- . )' '. . ~~:; !-~.:. . ,,--. ,f~2",";'''''''- .~ ~ - DURATION The terms of this Memorandum are to remain in full force and effect until and including the 11 day of February, 1986. 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 February 11, 1986. and if said schedule of wages and economic benefits cannot be agreed upon by said date, this Memo- randum shall become null and void. Upon adoption of a Resolution approving the terms and conditions of this Memorandum by the City Council of the City of Anaheim. this Memorandum shall be in full force and effect. By GENERAL TRUCK DRIVERS UNION. LOCAL NO. 952 By :: ~~~U By By By 7~ /'~~~--:-- By By - By Dated: ~ _ 2-~- ~3 Dated: ~ ~ () R - J\.3 .- - 8 - :,'~~,-"'V.., . ' . _,...'t-'1'_"~"""'~_~Jiofl-. '" .' .':~...,U~7::f"~ " , >':'~~:.tt""!'\:' ,,' ,'..',."...';1;JI~.M-v..r.'5'! APPENDIX "A" CLASSIFICATIONS, WAGES AND HOURS EVENT EMPLOYEES - ANAHEIM STADIUM AND CONVENTION CENTER CLASSIFICATIONS HOURLY PAY RATES 2/04/83 2/03/84 2/01/85 Parking Lot Attendant 5.68 5.83 5.98 Parking Lot Attendant - Captain 6.18 6.33 6.48 Head Parking Lot Attendant 39.55 40.30 41.05 (per diem) Parking Lot Cashier 5.78 5.93 6.08 Parking Lot Cashier - Captain 6.28 6.43 6.58 Head Parking Lot Cashier 39.55 40.30 41 .05 (per diem) Head Parking Lot Attendant and Head Parking Lot Cashier shall be paid on a per diem basis and shall not be restricted to any specific hours as required by ANAHEIM for each event. Head Parking Lot Attendant and Head Parking Lot Cashier shall also receive $3.00 additional compensation for double headers. 2. Personnel newly hired into any classification in Appendix A on or after 3/18/83 will be paid an entry level rate amounting to 50 cents per hour less ! I , , I r. than the rates set forth in the Appendix. This reduced rate will continue during the first 200 hours of employment. Thereafter, the rate payable shall be that rate set forth in Appqndix A. Newly hired personnel shall be defined as those individuals who have had no hours of work in the classifications out- lined in Appendix A for a period of one year. - 1 - .,-; ";J.( ~,_":"'_~ .. .r .~ .. ~"'~:~-,,,,,,._7'~ . '""'?"c"~, ".;-1\;; ~ ..;. ..4't,;'p,f....\~..'~ ~ "i-" ~4' . :;~ I~" .'."',~~, ~,': . ft'!' __.~........:r,~"4IIr..". ..-~' ,', ":" ....~.. ~ 1< t' :,,: ~'-;';:'A _,~'Ji..~~.' - 3. The hourly rate classifications shaJl be on a four (4) hour guarantee. For time worked in excess of four (4) hours, employees in said classifica- tions 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 and Christmas Day. employees working in the above classifications shall receive time and one-half for all hours worked. 4. In the event an employee works separate events at both locations (Anaheim Stadium and Convention Center) on the same day, the aforesaid four- hour guarantee shall apply to each of said events. 5. 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 based on the applicable hourly rates to be computed in quarter-hour units. This overtime provision shall apply whenever an employee shall have actually worked in excess of eight (8) hours in either one or both locations during the same day. For time worked in excess of four (4) hours at a Stadium Rock Concert, employees shall be paid time and one-half their regular hourly rate. 6. Employees shall be paid time and one-half their regular hourly rate for all work performed in connection with the following: Major League Baseball World Series Games Major League Baseball All Star Games American League Playoff Games NFL Pro Bowl Games NFL Division Playoff Games NFL Conference Championship Games NFL Super Bowl - 2 - ~., '. : " ",,',t -t'--'.""'r_ ~"." ~." _....'1:.~ ~..~, .'r . "::-~t~~~ '.< -,"Y "f\. . 'f:,'H~':~.!' ~:t'.~-If~\r..""J~ "~~( "',"f:~~- -~t\:':r"~ _...~~'!t."'t~~'. -. 7. In case of rain out or cancellation of event, and if ANAHEIM does not give reasonable notice. either personally or through pUblic communications. ANAHEIM will pay to per diem employees one-half (1/2) day's pay if the employee reports for work and full pay if the gates are open. and to hourly employees two (2) hours' pay if the employee reports for work and four (4) hours' pay if the gates are open. 8., When both Parking Lot Attendants and Parking Lot Cashiers are supervised by a single captain level supervisor. that supervisor will be compensated as a Parking Lot Cashier-Captain. - - 3 - . . ~ ~~~"i~'>.' -,~..,-~~. ;~.: .~..7"!~ ~ ""~"~."""",'jt.c.- '#',~. ',';".-:,i!".-.__-':"~ ~:''''\'''''->''I~!'''1:',\'II''"i',!'f':'.r'.'':-~'_-.'!I:~_~::'':_:'!''.''-'\'.;~''.....~:.~~'"?~ .~..' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I. LINDA D. ROBERTS. City Clerk of the City of Anaheim. do hereby certify that the foregoing Resolution No. 83R-l28 was introduced and adopted at a regular meeting provided by law. of the City Council of the City of Anaheim held on the 29th day of March. 1983_ by the following vote of the members thereof: ~, AYES: COUNCIL MEMBERS: Kaywood. Pickler. Overholt and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 83R-l28 on the 29th day of March. 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of March. 1983. d.~~~ CITY C~ERK OF THE CIT ~F ANAHEIM (SEAL) I. LINDA D. ROBERTS. City Clerk of the City of Anaheim. do hereby certify that the foregoing is the original of Resolution No. 83R-128 duly passed and adopted by the Anaheim City Council on March 29. 1983. ~I~ -,