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2005-189RESOLUTION N0.2005 - 189 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 ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, PART TIME UNIT 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 Memorandum of Understanding to be presented to the City Council for determination; and WHEREAS, the City Council of the City of Anaheim finds that approval of a new Memorandum of Understanding executed on September 19, 2005, between the Anaheim Municipal Employees Association, Part Time Unit 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 Anaheim Municipal Employees Association, Part Time Unit and the City of Anaheim executed by the City Management Representative and the Anaheim Municipal Employees Association on September 19, 2005, asset 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, 2005 through July 10, 2008. BE IT FURTHER RESOLVED that the Resolution No. 2004-194 is hereby repealed effective July 1, 2005. F:IOT7363SL.DOC THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 th day of September 2005. AYES; Mayar Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None MAYOR OF THE CITY 0 ANAHEIM ATTEST: CI CLERK T CITY OF ANAHEIM APPROVED AS TO FORM: JAC L. WHITE, CITY ATT ~~--~ r~ ! 1 ... /~ `: r' r .~~ F:IOT7363SL.DOC ~ ~ ~ it ~ ~ ~ ~ ~ ~ ~Y ~ ~ ~ ~ ~Y ~ ~ MEMORANDUM OF UNDERSTANDING between the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION PART TIME UNIT and the CITY 0 F ANAHEIM July 1, 2005 through July 10, 2008 TABLE OF CONTENTS ................................................................. PAGE ARTICLE 1 PREAMBLE 1 ARTICLE 2 PURPOSE 1 ARTICLE 3 RECOGNITION 1 ARTICLE 4 EMPLOYES RIGHTS 1 ARTICLE 5 MANAGEN~ENT RIGHTS 2 ARTICLE 6 NOTIFICATION 2 ARTICLE 7 CONSULTq~TION 3 ARTICLE 8 MEET AND CONFER 3 ARTICLE 9 ORGANITJ~TION 3 ARTICLE 10 CHECK OFD 5 ARTICLE 11 GENERAL 5 ARTICLE 12 COMPENSATION 5 ARTICLE 13 HOURS OF WORK AND PAY DAY 6 ARTICLE 14 PROBATION 7 ARTICLE 15 BILINGUAL PAY 8 ARTICLE 16 PREMIUM PAY 8 ARTICLE 17 DISCIPLINE 9 ARTICLE 18 GRIEVANCE PROCEDURE 9 ARTICLE 19 HEALTH INSURANCE 10 ARTICLE 20 PENSIONS 10 ARTICLE 21 CONSTRUCTION 11 ARTICLE 22 SAVINGS CLAUSE 11 ARTICLE 23 NO STRIKE 11 ARTICLE 34 DURATION 12 APPENDIX A WAGES 13 AMEA-PT July 1, 2005 -July 10, 2008 ARTICLE 1 PRA B 1.1. The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between the staff officials of the City of Anaheim (hereinafter "ANAHEIM'S and the Anaheim Municipal Employees Association Part Time Unit (hereinafter "AMEA-PT'S. AMEA-PT agrees to recommend acceptance by its members of all terms and conditions of employment set forth herein, and the staff ofl icials 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 Anaheim City Council. Upon adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall be effective without any further action by either party. ARTICLE 2 P P 2.1 The objectives of the parties to this Memorandum are to promote full communication between ANAHEIM and its employees and to promote the improvement of employer- employee relations within the municipal government by providing a uniform basis for recognizing the right of employees to join organizations of their own choice and be represented by such organizations in their employment relationships with ANAHEIM. ARTICLE 3 RECOGNITION 3.1 ANAHEIM hereby recognizes AMEA-PT as the bargaining representative for all its members to the fullest extent allowable under California law applying to public employees. ARTICLE 4 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 exercise of these rights. 4.2 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between ANAHEIM 1 AMEA-PT July 1, 2005 -July 10, 2008 and the AMEA-PT and shall apply to employees of ANAHEIM working in the classifications set forth in Appendix "A". ARTICLE 5 MANAGEMENT RIGHTS 5.1 Management retains, exclusively, all its inherent rights, functions, duties, and responsibilities except where specifically limited in this document. 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 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 forgoing powers, rights, authority, duties and responsibilities by management; the adoption of policies, rules, regulations 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 agreement, 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 AMEA-PT 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 AMEA-PT 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 AMEA-PT, the Anaheim City Management Representative shall provide such notice at the earliest practicable time following adoption of such ordinance, resolution, rule or regulation. 2 AMEA-PT July 1, 2005 -July 10, 2008 ARTICLE 7 CONSULTATION 7.1 The Anaheim City Management Representative, after consultation in good faith with representatives of AMEA-PT, 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 AMEA-PT on employer-employee relations matters which affect them, including those that are not subject to meeting and conferring. ARTICLE 8 8.i The Anaheim City Management Representative and representatives of AMEA-PT shall have the mutual obFigation 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 AMEA-PT. 8.1.1 When the meeting and conferring process results in agreement between the Anaheim City Management Representative and AMEA-PT such agreement shall be incorporated in a written memorandum of understanding and shall be signed by the Anaheim City Management Representative and AMEA-PT representatives. The matters incorporated in the memorandum shall be presented far 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 preempted by Federal or State law or 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 ORGANIZATION 9.1 AMEA-PT representatives are those elected or appointed in accordance with the constitution and bylaws of AMEA-PT. ANAHEIM recognizes AMEA-PT's right to appoint shop stewards. 9.1.1 AMEA-PT shall in writing notify the Anaheim City Management Representative of the names and job class tides of its officers, shop stewards and other representatives each time an election is held or new appointments are made. 3 AMEA-Pt ]u~y 1, 2005 - ]u~y io, Zoos 9.1.2 An employee elected or appointed as an ofFcer or shop steward of the AMEA- PT shall be required to work as scheduled in their respective job class and shall not interrupt the work of other employees. 9.2 AMEA-PT officers and representatives (subject to the provisions of Article 3 -- 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. 9.2.1 AMEA-PT officers and representatives shall not enter any work location without the knowledge of the department head, division head or other appropriate manager or supervisor. 9.2.2 Solicitation of membership and all activities concerned with the internal management of AMEA-PT, 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. 9.3 In the event that AMEA-PT 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 AMEA-PT 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. 9.3.1 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. 9.3.2 Officers, shop stewards and representatives of AMEA-PT shall not leave their duty or workstation or assignment without the knowledge of the department head, division head or other appropriate manager or supervisor. 9.3.3 ANAHEIM will pay employees who are released from work for AMEA-PT business at AMEA-PT expense and will bill AMEA-PT at the employee's regular rate of pay. ANAHEIM and AMEA-PT will jointly and severally be responsible for Workers' Compensation and General Liability when such employees are off work for AMEA-PT business at AMEA-PT expense. 9.4 ANAHEIM shall furnish portions of non-electronic bulletin boards at mutually agreeable, specific locations for the purpose of posting notices pertaining to AMEA-PT business, and shall determine what reasonable portion of bulletin boards are to be allocated to AMEA-PT. 9.4.1 All posted materials must be dated and must identify AMEA-PT. If AMEA-ITT does not abide by these provisions it will forfeit its right to have materials posted an ANAHEIM`s bulletin boards. 4 AMEA-PT July 1, 2005 -July 10, 2008 9.5 ANAHEIM shall allow AMEA-PT 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 16 (- FF 10.1 ANAHEIM agrees to check-off for the payment of the regular monthly AMEA-PT dues and to deduct such payments from the wages of all AMEA-PT members and employees when authorized to do so by said members and employees, and remit such payments to the AMEA-PT in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to the AMEA-PT shall constitute payment of said dues and initiation fees by such members and employees of the AMEA-PT. ARTICLE 11 11.1 It is hereby the declared personnel policy of ANAHEIM that; 11.1.1 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds; 11.1.2 Employment shall be based on merit and fitness, free of personal and political considerations; 11.1.3 Appointments, promotions and other actions requiring the application of the merit principle shall be based on systematic tests and/or evaluations; 11.1.4 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 11.2 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 testing and/or rejection shall not be done to discriminate for or against an applicant because of AMEA-PT or non-AMEA-PT 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 12 COMPENSATION 12.1 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. The City Management 5 AMEA-PT July 1, 2005 -July 10, 2008 Representative of ANAHEIM will not recommend any revision or modifications to this agreement without first consulting on such recommendations with the AMEA-PT. 12.2 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 "B"step without approval of the City Manager. 12.3 Part-time employees in classifications listed in Appendix "A" shall be eligible for consideration for merit pay increases as follows: 12.3.1 Those classifications assigned Salary Step Movement Code "A" shall be eligible for consideration for a merit pay increase to the next higher salary step after five hundred twenty (520) hours in a salary step. 12,3.2 Those classifications assigned Salary Step Movement Code "B" shall be eligible for consideration for a merit pay increase to the next higher salary step after one thousand forty (1,040) hours in salary steps "P', "Q', "R", "J", "A', and "B"; and after two thousand eighty (2,080) hours in salary steps "C" and "D". 12.3.3 Those classifications assigned Salary Step Movement Code "C" shall be eligible for consideration for a merit pay increase to the next higher salary step after one thousand forty (1,040) hours in a salary step. 12.3.4 Those classifications assigned Salary Step Movement Code "D" shall be eligible for consideration for a merit pay increase to the next higher salary step after seven hundred eighty (780) hours in a salary step. ARTICLE 13 HOURS OF WORK AND PAY DAY 13,1 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. 13.2 Regular salaries and compensation of all employees shall be paid on a biweekly basis. 13.3 ANAHEIM has determined a need to set forth criteria for defining groups of employees engaged in limited employment who are covered by this Memorandum of Understanding between the parties. Accordingly, the following categories are hereby established. 13.3.1 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 (maximum hours permitted by California Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership in any fiscal year.) 6 AMEA-PT July 1, 2005 - ]uly 10, 2008 13.3.2 Part-Time - 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 1560 hours) in any fiscal year. 13.4 The number of positions in each category shall vary in accordance with ANAHEIM'S requirements and shaft be established by ANAHEIM. Assignment of personnel to these positions and between these positions shall be made by ANAHEIM. ARTICLE 14 P A N 14.1 Employees working in classifications listed in Appendix "A"shall serve a probationary period of twelve (12) months or until 1,040 hours are worked, whichever is sooner. 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. 14.1.1 In the event an employee is assigned to light duty or is absent from work due to a lengthy illness or injury during the probationary period, said employee's probationary status may be extended 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. 14.2 The work and conduct of probationary employees shall be subject to close scrutiny. 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 a probationary employee is found to be below standards to the 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, or 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. 14.3 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 returned to their former position they shall be separated from employment with ANAHEIM. 7 AMFA-PT July 1, 2005 -July 10, 2008 ARTICLE 15 BILINGUAL PAY 15.1 Employees required to speak, read andJor write in Spanish or other languages as well as English as part of the regular duties of their position will be compensated at the rate of fifty cents (50~) per hour in addition to their regular pay. 15.2 The appropriate Executive Manager shall designate which employees shall be assigned bilingual duties and which language(s) shall be eligible for bilingual pay. 15.3 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 fat 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, 15.4 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 15.3 above. Employees may be required to undergo a test of continued competency, upon request of the operating department. ARTICLE 16 PREMIUM PAY 16.1 Employees working in classifications listed in Appendix "A" who perform authorized work in excess of fortjr (40) hours in a regular work week shall be compensated for such overtime work at the rate of one and one-half (1~} times the employee's regular hourly rate of pay. 16.1.1 Overtime shall be calculated to the nearest one-quarter hour of overtime worked. 16.1.2 All overtime must be authorized in advance by the appropriate Administrative Manager. 16.2 Employees working in classifications listed in Appendix "A" who perform authorized work on December 25th (Christmas Day), January 1~ (New Year's Day), July 4~' (Independence Day}, the fourth Thursday in November (Thanksgiving Day), or Martin Luther King Jr's birthday shall be compensated for such work at the rate of one and one-half (1~~) times the employee's regular hourly rate of pay. 16.3 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 atkend such training. $ AMEA-PT July 1, 2005 -July 10, 2008 ARTICLE 17 I P E 17.1 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be reduced in salary, suspended, demoted, or dismissed for good and sufficient cause. 17.2 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 calendar days at any one time. 17.3 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. 17.4 ANAHEIM and AMEA-PT agree to stipulate to the following submission language when discipline under this Article is submitted to an impartial arbitrator: "Was (name of employee) [reduced in salary, suspended, demoted, or dismissed] for good and sufficient cause? If not, what shall the remedy be?" ARTICLE 18 GRIEVANCE PROCEDURE 18.1 Any grievance or dispute which may arise out of the application or interpreta~on of the terms or conditions of this agreement, as alleged by AMEA-PT, 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. 18.2 Before filing a formal written grievance, the employee shall attempt to resolve it by an informal conference with his or her immediate supervisor. Such discussion will occur as soon as possible, but in no event later than fourteen (14) calendar days after the occurrence of the act or omission giving rise to the grievance. 18.3 If not resolved in the informal process, the grievance or dispute as defined in Article 18.1 above shall be reduced to written form by AMEA-PT and be presented to the employee's Administrative Manager within twenty (20) calendar days of the date of the alleged occurrence or dispute. Thereafter, a representative of ANAHEIM shall meet within ten (10) calendar days of the receipt of the written grievance with an authorized agent of AMEA-PT, selected by AMEA-PT, in an attempt to resolve the dispute. ANAHEIM shat! issue its decision within 10 (ten) calendar days after said meeting. g Ar~Ep--~' ~uiy 1, Zoos - ~uiy ia, 2oos 18.4 In the event that the parties cannot resolve the dispute to the parties' satisfaction (i.e., ANAHEIM and/or AMEA-PT), the dispute shall, upon the request of either party be referred within thirty (30) calendar days to an impartial arbitrator for a final and binding decision. In the event the parties are unable to agree upon the selection of such impartial arbitrator within ten (10) calendar days, upon request of either party an arbitrator shall be selected from a list of prospective arbitrators submitted by the American Arbitration Association, or any other mutually agreed upon provider. 18.5 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. 18.6 All expenses of any arbitration shall be borne equally by ANAHEIM and AMEA-PT. 18.7 The parties may mutually agree to submit any grievance or dispute covered under the provisions of this Article to non-binding mediation, prior to submission to arbitration. ARTICLE 19 HEALTH INSURANCE 19.1 Employees worlang in a classificat~on listed in Appendix "A"shall be provided health insurance, through the Kaiser HMO plan offered to full-time employees, as long as they remain employed and are available to work. Employees shall become eligible for coverage on the first day of the month following completion of twenty-six (26) complete biweekly pay periods or 1,040 hours worked in a classification listed in Appendix "A,"whichever is sooner. 19.2 ANAHEIM's monthly contribution towards an employee's purchase of the Kaiser plan shall be fifty percent (50%) of the single party monthly premium. Employees shall pay any difference between the City's contribution and the total cost of the Kaiser plan. 19.3 ANAHEIM and AMEA agree that if, during the term of this agreement, the number of employees who elect to receive health benefits under this Article exceeds twenty (20), the parties shall meet and confer regarding appropriate reductions to the July 14, 2006 andJor the July 13, 2007 general wage adjustments. ARTICLE 20 EN 20.1 Effective December 3, 2005, ANAHEIM shall provide Government Code §21354.5 (" 2.7%@55'~ retirement benefits for all eligible employees. ANAHEIM shall pay 3.5°/0 of the statutorily required 8% employee contribution on behalf of eligible employees; those employees shall pay the remaining 4.5% of the statutorily required 8°/o employee contribution. 10 AMEA-PT July 1, 2005 -July 10, 2008 ARTICLE 21 CONSTRUCTION 21.1 Nothing in this Memorandum 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 Memorandum. The provisions of this Memorandum 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 22 SAVINGS CLAUSE 22,1 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 remainder of this Memorandum and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE 23 N 23.1 It is agreed and understood that under the terms of this Memorandum, the AMEA-PT and/or its members shall not conduct any strikes, including sympathy strikes, slow- downs, or work stoppages; nor shall there be any refusal or failure to fully and faithfully perform job functions and responsibilities, by the AMEA-PT or by its officers, stewards, agents or unit members during the term of this Agreement. 23.2 AMEA-PT recognizes the duties and obligations of its representatives to comply with the provisions of this Agreement 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 AMEA-PT, the AMEA-PT agrees in good faith to take all necessary steps to cease such employee action. Z3.3 Any 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 any employee, if the employee violates the terms of this Agreement, and/or the AMEA- PT, if the AMEA-PT violates this agreement. 11 AMEA-PT July 1, 2005 -July 10, 2008 ARTICLE 24 N 24. i This Memorandum shall be in full force and effect as of the first day of the pay period following adoption of a resolution approving this Memorandum and the terms hereof by the qty Council of the City of Anaheim. The terms of this Memorandum are to remain in full force and effect until the 30"' day of June 2005. STAFF OFFICIALS OF THE CITY OF ANAHEIM, A Municipal Corporation By: C ~~~. By' By: By' ANAHEIM PART MUNICIPAL EMPLOYEES, PART TIME By' By: By' By' By; By: By; Dated: °~ ~ l 5 ~ Zt~o~S 12 AMEA-PT July 1, 2005 -July 10, 2008 APPENDIX "A" WAGES Effective on City Council adoption of MOU through July 13, 2006 Classification Step Code Schedule Hourly Rates Park Ranger A 1244 J-E $9.75 - $12.44 Senior Park Ranger A 1703 J-E $13.34 -$17.03 Traffic Control Assistant A 1338 C-E $12.14 -$13.38 Part Time Traffic Controller A 1698 J - E $13.30 - $1fi.98 July 14, 200fi through July 12, 2007 Park Ranger A 1269 ]-E $9.94 - $12.69 Senior Park Ranger A 1737 J-E $13.61-$17.37 Traffic Control Assistant A 1365 C-E $12.38 -$13.65 Part Time Traffic Controller A 1732 J - E $13.57 - $17.32 July 13, 2007 through July 10, 2008 Park Ranger A 1301 ]-E $10.19 - $13.01 Senior Park Ranger A 1780 ]-E $13.95 -$17.80 Traffic Control Assistant A 1399 C-E $12.69 -$13.99 Part Time Traffic Controller A 1775 ] - E $13.91- $17.75 13 AMEA-PT July 1, 2005 -July 10, 2008