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86R-160 RESOLUTION NO. 86R -160 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 HOSPITAL AND SERVICE EMPLOYEES' UNION, LOCAL NO. 399 AND RESCINDING RESOLUTION NO. 83R-129 WHEREAS, the Human Resources Director has met and conferred with officials of the Hospital and Service Employees' Union, Local No. 399 to discuss wages and working conditions; and WHEREAS, as a result thereof, the need exists to rescind Resolution No. 83R-l29 and the amendments thereto which established rates of compensation for job classes represented by the Hospital and Service Employees' Union, Local No. 399; 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 job classifications represented by the Hospital and Service Employees' Union, Local 399, as defined in the Memorandum of Understanding, attached hereto and incorporated by reference herein, are approved. BE IT FURTHER RESOLVED that Resolution No. 83R-l29 and the amendments thereto is hereby rescinded; and BE IT FURTHER RESOLVED that the effective date of this resolution shall be February 14, 1986. this 22nd THE FOREGOING RESOLUTION is approved and signed by me day of ~d~' MAYOR'OF T TY OF AN M ATTEST: ~L 1lS:~ CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: ~~ ,tJt.. ITY ATTO Y OF THE CITY OF ANAHEIM 3276E/Ol63E CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R -160 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of April, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R -160 on the 22nd day of April, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of April, 1986. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R -160 duly passed and adopted by the Anaheim City Council on April 22, 1986. CITY CLERK MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND HOSPITAL AND SERVICE EMPLOYEES' UNION, LOCAL 399 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 nANAH~IM") and tbe Hospital and Service Employees' Union, Local 399, affiliated with tbe Service Employees' International Union, AFL-CIO (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 all other events at Anaheim Stadium and the Convention Center at 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 reso1ut1on, a11 the terms and conditions of this Memorandum shall become effective without any further action by either party. ARTICLE I UNION RECOGNITION ANAHEIM hereby recognizes the UNION as the collective bargaining representative for all its members and the collective bargaining agency concerning tbe wages, hours and working conditions of employees working at - 1 - Anaheim Stadium and at the Convention Center in the classlflc~tlons that are set forth in Appendix itA", to the fullest extent allowable under California law applying to public employees. As public employees, such employees covered herein shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon request of the employee, the UNION shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. In the event any grievance with an employee involves the interpretation of this MEMORANDUM, ANAHEIM agrees to inform the UNION and the UNION shall have the right to be present and participate in any meetings or resolution of such a grievance. 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 retains 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 nonunion 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 1s a bona fide occupational qualification. - 2 - ....... ~ On. ._....08.. _ .....~. . ........ .... .. ....,... .."_ .". . .........0.4. . .............:......-.:,..:.... _~........~_..ao.:o..._.... During the calendar year all employees in the clas8if~cations listed in Appendix "A" shall designate the jobs they wish to be considered for as openings occur 8S follows. o Anaheim Stadium - Post card mailing and when evaluations occur. o Anaheim Convention Center (Maintenance) - Bulletin Board posting. Anaheim Convention Center (Crowd Control) - Bulletin Board posting. o Placement in these jobs will be in accordance with Article XIII. 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 has determined that the size and operation of the Stadium and Convention Center has developed to the point that there 1s a need to set forth criteria for defining groups of employees engaged in limited employment who are covered by the Memorandum of Understanding between the parties. Accordingly, the following categories are hereby established. - 3 - .............-.-......-..---...-.. .. ............-... --.-~- -".".,..... . :-..... . ..--.,u.....,....... .,.........~...._._...I......~__.....__.........~...'....h~......~.-... 1. Categories: A. Part-time Employees: This category is limited to employees hired to york an average of less than twenty hours per week on an ongoing basis (maximum 1039 ho~rs) in any calendar year. The calendar year shall be 88 defined in Article XVI. B. Part-time - 30 Hour Employees: This category is limited to those employees who on a yearly ~ average work more than twenty hours per week but ~n ~ J 5"t.cao ~ thirty hours per week on an ongoing basis (maximum i:-5:S9- hdlurs) in any calendar year. The calendar year shall be as defined in Article XVI. 2. The number of positions in each category will vary in accordance with ANAHEIM'S requirements and will be established by ANAHEIM. 3. Assignment of personnel to these positions and between these positions will be made ~! ANAHEIM in accordance with Article XIII paragraph (b) of the Memorandum of Understanding. 4. Employees working in limited employment categories set forth in paragraph 1 are not entitled to any of ANAHEIM'S benefit plans except as set forth in Article XVI and Appendix B of the Memorandum of Understanding provided, however, that employees assigned to category IB will be enrolled in the Public Employees Retirement System covering Miscellaneous employees of ANAHEIM. .~".r.....-........ .......~~._~........ .. .._~-_..~--~. --=........IQf\ ~...:.aeo...,..~ _....,....,... \"... ....*"~_--..a.o.....""'" - 4 - 5. Employees hired or assigned to positions defined in paragraph lB will have the employees 7% contribution to the retirement system paid for by ANAHEIM. 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 or service charges, and to deduct such payments for the wages of all UNION members and employees when authorized to do so by said members and employees, and remit such payments to the UNION in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and initiation fees or service charges by ANAHEIM, the remittal of same by ANAHEIM to the UNION, shall constitute payment of said dues and initiation fees or service charges by such members and employees of the UNION. When employee orientations and/or Anaheim Way orientations are held for employees, the Union will be notified one (1) week in advance and will be permitted to make a presentation on Union representation prior to the scheduled starting time and/or following the conclusion of the orientation meeting. 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. - 5 - ". ~..-...... ~.......~.... "' .......-."......--.. ___.....AI:. ::..~___.. .........-.--""'"-_ (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 steward's identity and of subsequent elections or appointments, if any. The parties agree that employees elected or appointed as shop stewards for and by the UNION shall, nevertheless, be required to and shall work full time in their respective classifications. It is further agreed that employees appointed shop stewards by the UNION shall not be discriminated against in work assignments because of such appointment. (c) ANAHEIM shall furnish bulletin board space at each facility at a mutually agreeable, specific location for the purpose of posting notices pertaining to UNION business. Cd) ANAHEIM shall annually, on or before May 1st, furnish the UNION a list of all employees in classifications listed in Appendix "A", including date of hire. 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. - 6 - . ........-........................-.......-.'II;;'..~:.: ~.... .......0&;....,,;,..;.W=,.._ :.~......_ . -;.--........_._.._~............_~__..___............_,.,....:._-=.~~_.......___._......... ARTICLE VI WORKING CONDITIONS (a) ANAHEIM agrees to furnish and maintain uniforms for its employees in classifications listed in Appendix "AtI except Sweeper and Cleaner Set-Up Worker without cost to the employees. The shirts shall not be considered part of the uniform and, if they are furnished, will be solely at the discretion and convenience of ANAHEIM. (b) ANAHEIM shall maintain suitable dressing and break quarters for the use of the employees covered herein. A committee will be formed with representatives of both ANAHEIM and the UNION to resolve the smoking/no smoking issue. (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 emp10yees at no charge. Anaheim agrees to make reasonab1e effort to identify additional employee parking. (d) Adequate restroom and locker room facilities shall be provided for all employees. (e) ANAHEIM will provide flashlights to employees when ANAHEIM determines flashlights are required in the performance of the employees' work. (f) Upon request, the City of Anaheim w1ll provide rain gear to employees who are required to work outdoors during inclement weather. - 7 - . . ~ - .. ...--. ........->>:-.... ....,......... . .a........... .I.....:.:..._..:.L. .~- .....:..........,..-.- ~. ...._--..;,.."",...._.__~~~..:._"~.:..............~* .........~~.i-__... ARTICLE VII HEALTH AND WELFARE Employees working in classifications listed in Appendix "B" shall be provided Health and Welfare benefits in accordance with the provisions of Appendix "B" attached hereto. ARTICLE VIII GRIEVANCE PROCEDURE (a) Any grievance or dispute which may arise out of the application or interpretation of the terms or conditions of this Memorandum shall be settled in accordance with the procedure set forth immediately hereinbelow except a dispute by an applicant regarding employment. In the event the grievance or dispute requires an expeditious resolution. based on a pending event at either the Stadium or Convention Center, the UNION, by WTitten notice to ANAHEIM, may request an immediate meeting with representatives of ANAHEIM and upon receiving such written notice, representatives of ANAHEIM shall be available to meet with representatives of the UNION within FORTY-EIGHT (48) HOURS after receipt of the written notice. (b) Any grievance or dispute as .defined under paragraph (a) hereinabove shall be reduced to written form by the charging party and be 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. - 8 - .~ .... ....: ...a......... - ~_ ........". _ -+\. ~.._......... .~........ ~ ... ~.~_.a......... In the event that the parties cannot resolve the dispute t9 the charging party's satisfaction, 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. (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 any arbitration shall be borne equally by ANAHEIM and the UNION. ARTICLE IX 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 public events, it is agreed that such contracting of said work shall be made by ANAHEIM only to contractors or employers whose employees are paid the prevailing rates of pay and all other applicable benefits which are provided for in this Memorandum for employees in the specified classifications. - 9 - .'~".. ..~.~ .,........ ~..........~. .~-~--.----.............~,.. ~,....,..~.....,- ARTICLE X NO STRIKE The UNION agrees that under the terms of this MemorandumJ the UNION and lor 1 ts members shall not conduct any strikes J slowdowns or other work stoppages against ANAHEIM during the term of this Memorandum. ARTICLE XI EMPLOYEE-EMPLOYER COMMITTEE A committee shall be formed to discuss employee-employer problems. The committee shall consist of one UNION representative, one employee from each building, one management employee, and one Personnel representative and shall meet quarterly, or more often as necessary. The UNION may have present at such meetings other off-duty employees who can contribute to the discussion taking place. ARTICLE XII STADIUM ROCK CONCERT SECURITY ANAHEIM recognizes its responsibility to assure the safety of employees represented by the UNION at Stadium Rock Concerts and assures the UNION that reasonable security measures will be taken at such events. - 10 - ~ ~..........-.........-.~..............- .~. ..-.-:....."".....~~ .-...........-.............,.....".. ARTICLE XIII WORK ASSIGNMENT In the interest of maintaining an efficient system of operations at Anaheim Stadium and Convention Center and to facilitate the assignment of part-time employees in classifications listed in Appendix "A" to the various events J ANAHEIM and the UNION agree that appropriate consideration shall be given to the following: (a) Work opportunities required to maintain an adequate, interested, trained, available part-time work force. (b) Employee's record of performance, availability, and seniority (Stadium, Convention Center & Golf Department Date of Hire) in that order. (c) Employees may be temporarily assigned to work in the management classifications of Stadium Head Usher, Stadium Head Ticket Taker,. Convention Center Head Usher, Assistant Box Office Treasurer and Box Office Treasurer. Management employees may be temporarily assigned to work in unit classifications in accordance with Article XIII. ARTICLE XIV PAYROLL DEDUCTIONS When ANAHEIM's payroll system can provide for voluntary additional tax deductions, this service shall be provided upon request to employees working in classifications listed in Appendix "A". .-....-.........- .........:..-- ,..... .ir" .. ~_....~I..................~_~....."...._.............___~ "....~._.~~_... - 11 - ARTICLE XV MILITARY LFAVE Military Leave and compensation therefore shall be in accordance with the provisions of the Military and Veterans Code of the State of California. ARTICLE XVI VACATION BENEFIT Employees working in classifications listed in Appendix "A" who work eight-hundred (800) or more hours in any calendar year shall be paid three percent (3%) of his/her gross earnings as vacation benefits. The calendar year shall be defined as the period for which wages earned are reported t ~:::' tax purposes. ARTICLE XVII SAVINGS CLAUSE The resolution of ANAHEIM shall provide that if any provisions of this Memorandum or the resolution is at any time, or in any way, held to be contrary to any law by a court of proper jurisdiction, the remainder of this Memorandum and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE XVIII DURATION The terms of this Memorandum are to remain 1n full force and effect until the ~th day of February 1989, except that either ANAHEIM or the UNION shall have the right during the sixty (60) days preceding February 9, 1989, to - 12 - "~":... . .:~........,......~t..._............... ............. ..~~..............~;...._ ...::.~~_._~... give written notice to the other of its desire to meet and eonf~r with respeet to the terms and conditions of this Memorandum. If new terms and conditions cannot be agreed upon by February 9, 1989, this Memorandum shall become null and void. Upon adoption of a Resolution approving this Memorandum and the terms hereof by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect. STAFF OFFICIALS OF THE CITY OF ANAHEIM, By By By By By By Dated: 3239E .. ... ~ ."~I4""....r.._~...aI.~.1 .............-....... -..-..........__.,.,,, ..~"'~IA" .~.,,~:II,....,..:~-...:--CIId HOSPITAL AND SERVICE EMPLOYEES' UNION By Dated: ~ /~ /?~ I' - 13 - APPENDIX "A" ANAHEIM STADIUM CLASSIFICATION HOURLY PAY RATES 2/14/86 2/13/87 2/12/88 Usher Director A Director B Usher Captain Press or Employee Gate Attendant Ticket Taker Gate Captain Ticket Seller (G.A.) Ticket Seller (Res. & Box) Ticket Seller (Exchange) Money Counter (5 hr. minimum) Elevator Operator Part-time Janitor Sweeper Maid Porter Ticket Clerk Ticket Seller Nurse Nurse, Lead 6.17 6.57 6.52 7.17 6.99 6.76 7.11 7.52 7.90 7.78 8.75 6.24 6.37 6.22 6.22 6.22 6.88 8.20 10.00 10.75 6.37 6.77 6.67 7.37 7.14 6.91 7.26 7.67 8.05 7.93 8.90 6.44 6.62 6.47 6.47 6.47 7.08 8.35 10.50 11.25 6.57 6.97 6.82 7.57 7.29 7.06 7.41 7.82 8.20 8.08 9.05 6.64 6.82 6.67 6.67 6.67 7.28 8.50 11.00 11.75 1. All classifications listed on an hourly basis shall be paid such rate for hours worked with a four-hour guaranteed minimum per event except as noted above. Said work period is not restricted to any specific hours, but shall be compensated in fifteen (15) minute increments. as required by ANAHEIM for each event. Pay for more than the minimum shall be 2. Personnel newly hired into any classification in Appendix itA.' on or after 3/18/83 will be paid an entry level rate amounting to 50 cents per hour less than the rates set forth in the Appendix. This reduced rate. will continue during the first 200 hours of employment. For personnel offered employment after March 18, 1986, the reduced rate will apply during the first 400 hours of employment. Thereafter, the rate payable shall be that rate set forth in Appendix "A". Newly hired personnel shall be defined as those individuals who have no hours of work in the classifications outlined in Appendix "AIt for a period of one year. - 14 - "... .....~.;.:. ..:~...~.:..~~................. ..~.................,~. .............-....~. .....::-.........-.. .s....Mi!'.:"'C.=: ........_,...~c;;r"""'.n...oII:I....:,:...a.,~,~~.._._...",...... 3. All classifications listed above except for Part-time Janitor, Ticket Clerk and Ticket Seller shall also be entitled to the following: Major League Baseball World Series - Time and one-half American League Baseball Play-off Games - Time and one-half Major League Baseball All Star Games - Time and one-half National Football League Pro-Bowl Games - Time and one-half National Football League Division Playoff Games - Time and one-half National Football League Conference Championship Games - Time and one-half National Football League Super Bowl - Time and one-half 4. On New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day B.nd Christmas Day, employees working in the above classifications shall receive pay at a rate of one and one-half times the rate specified above. 5. In case of rain-out or cancellation of event and if ANAHEIM does not give reasonable notice, either personally or through public communications, the above classification employees will receive TWO (2) HOURS' PAY if the employee reports for work and FOUR (4) HOURS' PAY if the gates are open. 6. For the events where the four-hour minimum rates are applicable for Crowd Control employees, they shall be paid for such four-hour minimum rate for each separate event which they york in any day. - 15 - . \".-1._. ..";,.. . ~:-~......._..:.~........-._*.............. ......--..........:.....__..~.&lo......... ........~........ ..........-.........:.~ ......~~~--=-_.--.... 7. The classification and rates of "Part-time Janitor" above shall apply only to (1) employees assigned to the "Task Force",. and (2) employees regularly assigned to perform janitorial functions at specific office locations at Anaheim Stadium. Janitorial-type functions or services rendered in all other areas shall be performed by Porters, Sweepers and Maids and they shall be paid at the applicable rate for their respective classifications. In the event ANAHEIM assigns Sweepers, Porters or Maids to perform janltorlal- type work in the same specific office locations, employees so assigned shall be paid the "Part-time Janitor" rate of pay for each hour or quarterly fraction thereof that they perform work in these specific locations. 8. If leadworkers are used by ANAHEIM in any of the above hourly classifications, they shall receive an additional FIFTY CENTS (SOe) per hour. 9. In the event ANAHEIM assigns Sweepers to operate Scrubmobiles and Power Sweepers, employees so assigned shall receive a premium in the amount of FIFTEEN CENTS elSe) per hour above their regular hourly rate of pay for each hour or quarterly fraction thereof that they perform such assignments. 10. Employees working in classifications listed in Appendix "A" shall be paid at a rate one and one-half times their regular hourly rate for all hours in excess of eight (8) at a single event or forty (40) in anyone work week. 11. Employees assigned as Fire Door Attendants will be paid the Usher rate of pay. - 16 - . ~...._....................-_..I . ..........._.........................__..'" .................... .....-.,...lo.l.:.I....... ..~_ 12. Employees assigned to protect exhibitors' property shall receive the Director B rate of pay. 13. Ticket Seller classes listed above working on an event basis shall receive an additional $3.00 per event for national competition professional double headers. 14. At such times as ANAHEIM determines that it is in the best interest of the City to assign supervisory responsibility over 1eadworkers receiving the additional fifty (50) cents per hour as provided in the Memorandum of Understanding, ANAHEIM and the UNION agree that such supervisory employees shall receive fifty (50) cents per hour more than tbe 1eadworker supervised. 3240E - 17 - .. ",-"",""",,-, ---.................~....,.. 'iI'" ............ot::.........:..... ..~~.........~ .._~-...................~~_~=----=~.::...:.a..~ APPENDIX "A" ANAHEIM CONVENTION CENTER CLASSIFICATION Usher Tenant Security Director Usher Captain Ticket Taker Gate Captain Ticket Seller (G.A.) Ticket Seller (Res. & Box) Money Room Attendant (Shr Minimum) Cleaner Set-Up Worker Part-time Janitor Maid Porter Ticket Clerk Ticket Seller Nurse NurseJ Lead HOURLY PAY RATES 2/14/86 2/13/87 2/12/88 5.84 6.25 6.84 6.48 6.75 7.12 7.43 8.85 6.22 6.37 6.22 6.22 6.50 7.99 10.00 10.75 6.04 6.45 7.04 6.63 6.90 7.27 ~ 7 .58 9.00 6.47 6.62 6.47 6.47 6.70 8.14 10.50 11.25 6.24 6.65 7.24 6.78 7.05 7.42 7.73 9.15 6.67 6.82 6.67 6.67 6.90 8.29 11.00 11.75 1. All classifications listed on an hourly basis shall be paid such rate for hours worked with a four-hour guaranteed minimum per event except as noted above. Said work period is not restricted to any specific hours, but shall be required by ANAHEIM for each event. Any pay for more than the minimum shall be compensated in fifteen (15) minute increments. 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 SO cents per hour . less than the rates set forth in the Appendix. This reduced rate will continue during the first 200 hours of employment. For personnel offered employment after March 18, 1986, the reduced rate will apply during the first 400 hours of employment. ThereafterJ the rate payable shall be that rate set forth in Appendix "A". Newly hired personnel shall be defined as those individuals who have had no hours of work in the classifications outlined in Appendix "A" for a period of one year. . ..~........ .....~'='-.._....e.~ ".. ....... . ._..I.iii.i6.. ...._~.... :~...~...............~~_ ....-., - 18 - 3. On New Year's Day, Memorial Day, Independence Day~ Labor Day, Thanksgiving Day and Christmas Day, employees working in the above classifications shall receive pay at a rate of one and one-half times the rate specified above. 4. In case of cancellation of event, and if ANAHEIM does not give reasonable notice, either personally or through public communications., ANAHEIM will pay to Crowd Control employees as follows: TWO (2) HOURS' PAY if the employee reports for work; and FOUR (4) HOURS' PAY if the gates are open. 5. For the events where the four-hour minimum rates are applicable for Crowd Control employees, they shall be paid for such four-hour minimum rate for each separate event which they work in any day. 6. The classification and rates of "Part-time Janitor" above shall apply only to (1) employees assigned to the "Task Force" and (2) employees regularly assigned to perform janitorial functions at specific office locations at Anaheim Convention Center. Janitorial-type functions or services rendered in all other areas shall be performed by Cleaner Set-Up Workers, Porters, and Maids and they shall be paid at the applicable rate for their respective classifications. In the event ANAHEIM assigns Cleaner Set-Up Workers, Porters or Maids to perform janitorial-type work in the same specific locations, employees so assigned shall be paid the "Part-time Janitor" rate of pay for each hour or quarterly fraction thereof that they perform work in these specific locations. 7 . If leadworkers are used by ANAHEIM in any of the above hourly classifications, they shall receive an additional FIFTY CENTS (SOi) per hour. - 19 - ...... ..... ..--... ~...- -...-... ..................-...... ....~-.:~-.:o.t.J.;.,..~_...MoeIo..v:.._..~~.._J. 8. Employees working in classifications listed in Appendix "A" shall be paid at a rate one and one-half times his/her regular hourly rate for all hours in excess of eight (8) for a single event or forty (40) in anyone work week. 9. Employees assigned 88 Fire Door Attendants will be paid the Usher rate of pay. 10. Employees assigned to protect exhibitors' property shall receive the Tenant Security Director rate of pay. 11. At such times as Anaheim determines that it is in the best interest of the City to assign supervisory responsibility over leadworkers receiving the additional fifty (50) cents per hour as provided in the Memorandum of Understanding, ANAHEIM and the UNION agree that such supervisory employees shall receive fifty (50) cents per hour more than the leadworker supervised. 3241E - 20 - APPENDIX --B-- HEALTH AND WELFARE 1.0 This APPENDIX expresses the understanding between ANAHEIM and the UNION concerning payments to the Building Service Employees Health and Welfare Trust Fund on behalf of event-time employees working on a part-time basis during sports and other events at Anaheim Stadium and Convention Center within the classifications specified in this Memorandum of Understanding. 2.0 All payments referred to in this Appendix shall be paid into the Building Service Health and Welfare Trust Fund, 1390 Market Street, Room 1018, San Francisco, California 94102 between the 1st & 10th of each month. It is understood that "all questions concerning eligibility of employees for coverage, including the commencement and termination of coverage, shall be determined by the Trustees of the Trust Fund in accordance with paragraph 7.0 below. The payment of such Health and Welfare Funds and eligibility shall be governed by the Declaration of Trust (as amended) entered into on May 1, 1951, at San Francisco, California, creating the Building Service Health and Welfare Trust Fund. 3.0 For the eligible employees working in the classifications listed below, ANAHEIM shall submit to the Trust Fund a list of such employees: Part-time Janitor Sweeper Maid Porter Ticket Seller Cleaner Set-Up Worker Ticket Clerk - 21 - ...--~ .. .::-~'!I~.".":'.~.~.,-,,~.,.:,~-~. ...............~...~ 4.0 A month for purposes of this section shall be defined.. as the two or three pay periods subsequent to the last Health and Welfare month that includes the 15th day of the calendar month. Eligibility for Health and Welfare Benefits will be based at that time on an average of 40 hours worked per pay period during the defined month. 5.0 ANAHEIM will, commencing 4/1/86, pay to the Building Service Employee's Health & Welfare Trust the premium required to maintain the coverage currently (4/1/86) in effect for eligible employees. 6.0 The parties agree that during the three year period of this agreement, ANAHEIM may at its' choice provide health insurance of its' choice that is equal to or better than that provided by the Trust Fund. The eligibility for coverage under an ANAHEIM provided alternate plan shall be the same as outlined in Paragraph 7.0, herein. 7.0 Eligibility for coverage will be as follows: 7.01 In effect prior to 3/18/86: 7 . all During any calendar quarter, an employee mUB t ,- accumulate 80 hours of work in each of the three months of that quarter. (Jan., Feb., March - April, May, June - July, August, Sept. - Oct., Nov., Dec.) - 22 - "-. -..... ............-....'"_......~.......~. .......__'""'.~I..~:.!IIII~GA...'JI\a:~.._.~ ~ 7.012 Coverage under the .plan will commence beginning the first day of the first month of the next quarter and will stay in effect for the three months of such quarter, provided the employee has not been terminated from the City's payroll. 7.013 Coverage will continue in effect each quarter so long as the employee continues to accumulate 80 hours in each month of each quarter. Failure to accumulate said hours will result in a loss of coverage during the next quarter. 7.014 These new eligibility rules will become effective 4/1/83 in order to transition the new eligibility provisions. Those employees who accumulated 80 hours of work in each of the months of January, FeQruary and March 1983 will be covered for the calendar quarter J commencing 4/1/83. 7.015 Anaheim will notify each employee eligible for Health and Welfare benefits quarterly at the beginning of the period of eligibility. n ~... ----=- . .. - ~vr..~.. .......~. ... .~_..M...__~......__ ..... . ...,,c,......."- . ".~;ICI..:.....c.._.~....~ - 23 - 7.016 Any person in any Classification already having coverage in this Plan who does not work the required number of hours may, in order to maintain continuous coverage, make payment direct to the Trust Fund for not longer than THREE (3) CONSECUTIVE MONTHS. 7.02 In effect on or after 3/18/86: 7.021 Part-time (1039 hours per year or less) employees 7.021.1 Coverage under the plan will not be provided for employees hired on or after 3/18/86. 7.021.2 Commencing 2/12/88 coverage will no longer be provided for employees hired before 3/18/86. 7.031 Part-time (1560 hours per year or less) employees: 7.031.1 Effective 4/1/86, employees become eligible for continuous coverage on the first day of the first complete month after the appointment to a part-time 30 hour position. - 21 - '!"r:~. .": .. .~I.:......:J..:.;""""""'...""", ... .....~lI.r."II-.. ...f~. ......-.....wIIL.. ~....................~......~...... 3242E 7.031.2 ....'...~IIo--_...........~.IR'L'IIJIIIfor.~ .~.._:..~..... . - 25 - Employees with part-time 30 hour status shall be provided health and welfare benefits as long as they remain employed and are available to work up to 1560 hours per year.