RES-2023-041RESOLUTION NO. 2023 - 041
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 REPRESENTED BY
TEAMSTERS, LOCAL 952
WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer -
employee relations system for the City; and
WHEREAS, Chapter 1.06, Section 1.06.100 requires the Memorandum of Understanding
to be presented to the City Council for determination; and
WHEREAS, the Memorandum of Understanding between the City of Anaheim and the
Teamsters, Local 952 adopted by Resolution No. 2021-117, expired, January 1, 2023; and
WHEREAS, the City Council of the City of Anaheim finds that approval of a new
Memorandum of Understanding between the Teamsters, 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 Teamsters, Local 952 and the City of Anaheim
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
January 2, 2023 through December 19, 2024.
BE IT FURTHER RESOLVED that the Human Resources Director shall be delegated with
the authority to publish the authorized salary schedule in said Memorandum of Understanding in
any format meeting the requirements of California Code of Regulations section 570.5.
BE IT FURTHER RESOLVED that Resolution No. 2021-117 is hereby repealed effective
January 2, 2023.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 271h day of June, 2023 by the following roll call vote:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz,
Leon, Kurtz, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
. .� OF ANAHEIMrE
CITY CLERK OF THE CITY OF ANAHEIM
MEMORANDUM OF UNDERSTANDING
between the
TEAMSTERS, LOCAL 952
and the
CITY OF ANAHEIM
January 2, 2023 through December 19, 2024
TABLE OF CONTENTS
ARTICLE 1 - PREAMBLE............................................................................. 1
ARTICLE 2 - UNION RECOGNITION............................................................
1
ARTICLE 3 - HIRING AND EMPLOYMENT OF EMPLOYEES WORKING IN THE
CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT ............
1
ARTICLE 4 - CHECK-OFF............................................................................
4
ARTICLE 5 - ADMINISTRATION..................................................................
5
ARTICLE 6 - DISCUSSION..........................................................................
5
ARTICLE 7 - DEDUCTION AND DUES..........................................................
6
ARTICLE 8 - CLASSIFICATIONS, WAGES, AND HOURS .................................
6
ARTICLE 9 - PREMIUM PAY........................................................................
7
ARTICLE 10 - BILINGUAL PAY....................................................................
8
ARTICLE 11 - HEALTH & WELFARE............................................................. 8
ARTICLE 12 - VACATION BENEFIT.............................................................
9
ARTICLE 13 - WORKING CONDITIONS....................................................... 9
ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES ................................
10
ARTICLE 15 - MILITARY LEAVE................................................................
11
ARTICLE 16 - WORK ASSIGNMENT...........................................................
12
ARTICLE 17 - REDUCTION IN FORCE .......................................................
13
ARTICLE 18 - REINSTATEMENT...............................................................
13
ARTICLE 19 - INVESTIGATIONS...............................................................
14
ARTICLE 20 - DISCIPLINE.......................................................................
14
ARTICLE 21 - GRIEVANCE PROCEDURE ....................................................
16
ARTICLE 22 - DRUG AND ALCOHOL TESTING BASED ON REASONABLE
SUSPICION...................................................................................
17
ARTICLE 23 - SERVICE PINS....................................................................
20
ARTICLE 24 - NOTIFICATION OF CONTRACTING OUT ...............................
20
ARTICLE 25 - NO STRIKE........................................................................
20
ARTICLE 26 - SAVINGS CLAUSE...............................................................
20
ARTICLE 27 - DURATION.........................................................................
21
APPENDIX "A" - SPECIAL PROVISIONS..................................................... 22
APPENDIX „A-1„ - WAGES....................................................................... 24
PARKING LOT EMPLOYEES............................................................ 24
APPENDIX "A-2" - WAGES....................................................................... 25
SECURITY OFFICERS..................................................................... 25
APPENDIX "B" - DEFINED CONTRIBUTION RETIREMENT PLAN ................... 26
APPENDIX " C" - UNION ACTIVITY............................................................ 27
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ARTICLE 1 - PREAMBLE
1.1 The wages, hours, and conditions of employment that are set forth in this
Memorandum of Understanding (hereinafter "MOU'� have been discussed and
jointly proposed by and between the staff officials of the City of Anaheim
(hereinafter "ANAHEIM'l and the Teamsters, Local 952, affiliated with
International Brotherhood of Teamsters (hereinafter "UNION' and shall apply
to all the employees of ANAHEIM working in the classifications set forth in
Appendix "A-1" and Appendix "A-2" in the Convention, Sports and
Entertainment Department.
1.2 The terms and conditions of employment that are set forth in this MOU have
been discussed in good faith between the staff officials of ANAHEIM and the
UNION 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 by Resolution of the City Council. Upon the
adoption of such a Resolution, all the terms and conditions of this MOU 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
wages, hours, and working conditions of employees working in the Convention,
Sports and Entertainment Department in the classifications that are set forth in
Appendix "A-1" and Appendix "A-2", 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 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 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, creed, national
origin, religious or political affiliation or belief, ancestry, physical disability,
mental disability, medical condition, marital status, gender, sexual orientation,
gender identity, or age, and any other protected class under federal and/or
state law, unless based upon a bona fide occupational qualification or applicable
security regulations established by the United States or the State of California
or where the employee because of mental or physical disability or medical
condition is unable to perform the essential duties even with reasonable
accommodation or in a manner that would not endanger the employee's health
or safety or the health or safety of others even with reasonable accommodation.
3.3 ANAHEIM agrees that no more than once each quarter to provide the UNION
upon request, a list of all persons hired for events at the Convention, Sports
and Entertainment Department.
3.4 Employees working in classifications listed in Appendix "A-1" or Appendix "A-2"
shall serve a probationary period of one (1) year. 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.
3.4.1 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.
3.5 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, 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.
3.6 ANAHEIM will make every reasonable effort to return an employee rejected or
laid off during the probationary period to the classification in which the
employee had regular status, unless the reasons for the failure to complete the
probationary period would be cause for dismissal. If not returned to the former
classification the employee shall be separated from employment with ANAHEIM.
3.7 ANAHEIM has determined that the size and operation of the Convention, Sports
and Entertainment Department has developed to the point that there is a need
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to set forth criteria for defining groups of employees engaged in limited
employment who are covered by the MOU between the parties. Accordingly,
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 1,560 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. When ANAHEIM determines that it is in its
best interest to make assignments to a Regular Part -Time position from
within, Convention, Sports and Entertainment management shall:
3.7.3.1 Post a notice of its intent to make an assignment to a regular
part-time position, and the position's required availability, for
a period of at least five (5) consecutive days.
3.7.3.2 Select the employee to be assigned from those individuals who
request consideration during the posting period. Unless
otherwise indicated on the notice, assignments shall be made
on the basis of the employee's availability, record of
performance, and seniority, in that order.
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 11 and Appendix "B" of the MOU,
provided, however, that employees assigned to ARTICLE 3.7.1.2 will be
enrolled in the Public Employees Retirement System (hereinafter
"PERS'� covering miscellaneous employees of ANAHEIM.
3.7.5 Employees hired or assigned to positions defined in ARTICLE 3.7.1.2
(Appendix "A-1" and "A-2'� shall pay the statutorily required eight
percent (8%) employee contribution to the retirement system, plus an
additional four percent (4%). The additional contributions shall be
designated as "cost share" contributions under California Government
Code Section 20516(f).
3.7.6 UNION and ANAHEIM agree that ANAHEIM amended the PERS
Miscellaneous Plan for Anaheim City, Employer Number 0303, to
institute a revised defined benefit retirement plan consistent with the
Public Employees' Pension Reform Act of 2013 ("PEPRA'). The revised
defined retirement plan includes the 2.0% @ 62 defined formula
(Government Code section 7.522.20(a)), with a final compensation
period of three (3) consecutive years (Government Code section 20037)
and the employee paying any amount necessary to cause the employee
to pay fifty percent (50%) of the normal costs attributable to the
applicable retirement formula, as provided in Government Code sections
7522.30 and 20526. Eligible employees as determined by ARTICLE
3.7.1.2 who are considered "new members" under PEPRA shall be
enrolled in this plan.
3.7.7 UNION and ANAHEIM agree that any provisions of ARTICLE 3.7.6 of the
MOU that are contrary to or inconsistent with the lawful provisions of
the California Public Employees' Pension Reform Act of 2013, shall be
modified so as to cause them to be consistent with those lawful
provisions through a Letter of Understanding that amends the MOU and
incorporated with this MOU.
3.7.8 Employees mandatorily enrolled in ANAHEIM's deferred compensation
plan (457) shall contribute seven and one-half percent (7 112%) of
compensation earned.
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 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 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 employees, the UNION shall be
notified one (1) week in advance, or as soon as practical, 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.
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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 working,
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 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 all regular
work in their respective classifications.
5.3 In the event that UNION is formally meeting and conferring with representatives
of ANAHEIM on matters within the scope of representation during regular
Anaheim business hours, a reasonable number of officers, shop stewards, or
other representatives of UNION shall be paid their regular hourly rate of pay
when they are attending the meet and confer sessions for any hours for which
they were otherwise scheduled to work.
5.4 ANAHEIM shall furnish bulletin board space at a mutually agreeable, specific
location for the purpose of posting notices pertaining to UNION business.
5.5 ANAHEIM and UNION acknowledge their mutual interest in the success of the
Anaheim Convention, Sports and Entertainment Department
Labor/Management Committee ("LMC'), and that success of the LMC depends,
in large part, on active participation by employees. ANAHEIM agrees to pay up
to two (2) employees at their regular hourly rate of pay when they are attending
regular LMC meetings. UNION agrees that time spent outside of scheduled
work hours researching LMC issues or otherwise conducting LMC-related
business shall be voluntary and unpaid.
ARTICLE 6 - DISCUSSION
6.1 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
grievances or grievable issues may be discussed by the UNION or ANAHEIM
at either party's request.
6.2 A party requesting a discussion may orally or in writing notify the other party
of the subject to be discussed. Thereafter, a meeting shall be promptly
arranged, at which meeting no more than two (2) UNION members and the
business manager or business representative of the UNION may be present.
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6.3 If the parties are not able to resolve the issues after three (3) meetings, the
issues will be considered dropped, unless both parties agree to meet additional
times.
6.4 If the discussion process results in an agreement between the City Management
Representative and UNION to amend this MOU, 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 for determination when necessary.
ARTICLE 7 - DEDUCTION AND DUES
7.1 ANAHEIM agrees to check -off for the payment of the regular monthly UNION
members and employees when authorized to do so by said members and
employees, and remit such payments to UNION 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 UNION shall constitute
payment of said dues and initiation fees by such members and employees to
UNION.
7.1.1 ANAHEIM shall provide dues check -off deduction forms to employees
when first hired. UNION shall be responsible for obtaining employee
signatures and submitting deduction authorization cards to ANAHEIM's
Payroll Manager.
7.2 UNION shall inform ANAHEIM of any employees who have withdrawn their
authorization for dues deduction. ANAHEIM will process the change within two
(2) pay periods of receipt of the information from UNION. Employees wishing
to stop dues deductions shall communicate directly with UNION at Teamsters
Local 952, 140 S. Marks Way, Orange, CA 92868, by phone (714) 740-6200, or
by fax (714) 978-0576.
7.3 UNION agrees to fully indemnify and defend ANAHEIM and its officers,
employees, and agents against any and all claims, proceedings and liability
arising, directly or indirectly out of any action taken or not taken by or on behalf
of ANAHEIM under this ARTICLE.
,ARTICLE 8 - CLASSIFICATIONS. WAGES, AND HOURS
8.1 Wages and hours of work for the various classifications shall be as set forth in
Appendix "A-1" and Appendix "A-2" to this MOU and by this reference made
a part hereof.
8.2 Newly hired employees shall be compensated at the lowest step of the salary
schedule of the job class for which they were hired.
ON
8.3 Employees in job classifications listed in Appendix "A-1" shall be eligible for
consideration for merit pay increases as follows:
8.3.1 To the tenth step of the salary schedule after completion of one -
thousand and forty (1,040) hours worked in the ninth step.
8.3.2 To the eleventh step of the salary schedule after completion of one -
thousand and forty (1,040) hours worked in the tenth step for
employees assigned to the job classifications of Parking Lot Attendant,
Parking Lot Cashier, Parking Lot Captain, and Parking Operations Lead.
8.3.3 Merit pay increases may be denied by the employee's department
manager for good and sufficient reasons. Employees shall be given
written notice of the basis for denial of a merit pay increase, and such
denial shall be subject to review through the grievance procedure.
8.4 The hourly rate 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 shall be paid straight time based
on the applicable hourly rates to be computed in quarter (1/4) hour units.
8.5 Employees in job classifications listed in Appendix "A-2" shall be eligible for
consideration for merit pay increases as follows:
8.5.1 To the ninth step of the salary schedule after completion of one
thousand -forty (1,040) hours worked in the eighth step.
8.6 An employee who is promoted or reclassified to a higher job class shall be
placed on the first step of the higher salary schedule. Consideration for merit
pay increases shall be in accordance with Sections 8.3 and 8.5 above and shall
be based on step hours worked in the higher job class.
ARTICLE 9 - PREMIUM PAY
9.1 For time worked in excess of eight (8) hours per day or forty (40) hours in one
(1) week, employees shall be paid time and one-half (1 1/2) based on the
applicable hourly rates to be computed in quarter (1/4) hour units.
9.2 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 an employee two (2) hours pay if the employee reports to
work.
9.3 On New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Martin Luther King, Jr.'s birthday, and
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President's Day, employees working in the above classifications shall receive
time and one-half (1 1/2) for all hours worked.
9.4 An employee who works any of the six (6) hours between 11:00 p.m. and 5:00
a.m. shall receive graveyard differential pay at twenty five cents ($.25) per hour
for each of those hours worked.
9.5 An employee assigned by management to training duties shall receive one
dollar ($1.00) per hour in addition to the base rate of pay for each hour worked
in such assignment.
ARTICLE 10 - BILINGUAL PAY
10.1 The hourly rates listed in Appendix "A-1" or Appendix "A-2" shall be increased
by ninety cents ($.90) for employees required to speak, read, and/or write in
Spanish or other languages (including sign language), as well as English, as
part of the regular duties of their position.
10.2 The appropriate Executive Manager shall designate which employees shall be
assigned bilingual duties and which language(s) shall be eligible for bilingual
pay.
10.3 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 that operating departments with authorized
bilingual certifiers may conduct their own test of bilingual competency and
notify the Human Resources Director of the outcome of the test.
10.4 The effective date of bilingual 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 above. Employees may be required
to undergo a test of continued competency, upon request of the operating
department.
ARTICLE 11 - HEALTH & WELFARE
11.1 An employee who is eligible pursuant to the Affordable Care Act ("ACA's shall
be provided the option to enroll in health insurance through an HMO plan ("HMO
Plan 1') designated for employees in this unit on the first day of the month
following one (1) complete calendar month after becoming eligible and for as
long as they maintain eligibility under ACA requirements.
11.2 Employees eligible for health insurance pursuant to ARTICLE 11.1 shall be
eligible for an HMO Plan 2 (full-time equivalent) after two (2) years of
employment.
11.3 ANAHEIM's maximum contribution towards an employee's purchase of the HMO
Plans (employee only) is as follows:
HMO Plan 1 The flat -dollar amount equivalent to seventy-five percent
(75%) of the single -party HMO Plan 2 premium, but in no
event less than the amount required to meet the
affordability standard for coverage required under the ACA.
HMO Plan 2 (full-time equivalent)
Seventy-five percent (75%) of the single -party premium,
but in no event less than the affordability standard for
minimum essential coverage required under the ACA.
11.4 At any time during the term of this MOU, the parties agree to reopen ARTICLE
11 — HEALTH & WELFARE for the sole purpose of conforming to any changes
expressly mandated by the ACA.
ARTICLE 12 - VACATION BENEFIT
12.1 An employee working in classifications listed in Appendix "A-1" or Appendix "A-
2" who works eight hundred (800) or more hours in any calendar year shall be
paid four percent (4%) of the employee's gross earnings as vacation benefits
upon separation or during the first pay period of the following calendar year.
The calendar year shall be defined as the period for which wages earned are
reported for tax purposes.
ARTICLE 13 - WORKING CONDITIONS
13.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear
for its employees, without cost to the employees.
13.2 Employees may 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 premises on their own time and leave the uniforms in a designated area for
cleaning and laundering by ANAHEIM. All employees must be in uniforms that
are clean, laundered, wrinkle free, and in keeping with the professional
standards of the Convention, Sports and Entertainment Department at the start
of their shift.
13.3 ANAHEIM shall maintain suitable dressing and break quarters for the use of the
employees covered herein.
13.4 Management of the Convention, Sports and Entertainment Department will, to
the extent possible, pre -determine the number of parking spaces needed to
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take care of the public attending events. 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.
13.5 Adequate restroom and locker room facilities shall be provided for all
employees.
13.6 The City will furnish and maintain safety equipment. As a continuing portion of
its Safety Program, ANAHEIM agrees to maintain an active City/Union
communication of any safety problems noted.
13.7 ANAHEIM and UNION agree that regular, formal and informal feedback from
supervisors to employees is critical to good job performance, and that
employees have the right to know how they are performing in relation to
established standards. ANAHEIM agrees to provide each employee in a
classification listed in Appendix "A-1" or Appendix "A-2" with a written
performance evaluation at least once annually. Employees shall be provided a
copy of any written review of their performance, and shall have the right to
respond in writing to their written performance appraisal, such responses to be
placed in the employee personnel file. At the employee's request, a written
performance appraisal may be reviewed with higher levels of management in
the employee's chain of command.
ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES
14.1 ANAHEIM and UNION agree that availability is a condition of employment.
Event part-time employees shall be required to maintain an availability of
twenty (20) hours per week. Regular part-time employees shall be required to
maintain an availability of thirty (30) hours per week. An employee who does
not maintain the required availability, does not report as scheduled, or who is
otherwise "absent without leave" shall be subject to discipline up to and
including dismissal from the Convention, Sports and Entertainment Department.
14.2 ANAHEIM and UNION agree that employees in classifications listed in Appendix
"A-1" or Appendix "A-2" of this MOU who have been continuously employed for
a period of at least one (1) full year shall be eligible for up to three (3) shifts of
unpaid sick leave per year. Employees who fail to notify the appropriate
supervisor prior to the beginning of their scheduled work shift of their inability
to work due to illness or injury shall be considered to be "absent without leave."
14.3 ANAHEIM and UNION agree that employees in classifications listed in Appendix
"A-1" or Appendix "A-2" of this MOU, who have been employed for at least
thirty (30) days before the leave commences, shall be provided unpaid leave of
up to five (5) work shifts in the event of a death in their immediate family. Such
leave does not have to be taken consecutively. An employee with available sick
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leave or compensatory time may use such accrued leave to cover all or a portion
of the bereavement leave. Bereavement leave must be completed within three
(3) months of the date of death. "Immediate family" for the purposes of this
provision shall be the employee's spouse, child, stepchild, grandchild, parent,
foster parent, stepparent, daughter-in-law or son-in-law, grandparent, sibling,
the parent of the employee's spouse and the employee's registered domestic
partner. As used herein, "registered domestic partner" means that a
Declaration of Domestic Partnership has been filed with the California Secretary
of State.
14.4 ANAHEIM and UNION agree that employees in classifications listed in Appendix
"A-1" or Appendix "A-2" of this MOU who have been continuously employed for
a period of at least one (1) full year may be eligible for an unpaid leave of
absence of up to thirty (30) calendar days. Such leaves shall be scheduled and
taken in accordance with the best interests of ANAHEIM, and shall require the
prior written approval of Convention, Sports and Entertainment management.
14.5 Leaves taken under the provisions of the federal Family Medical Leave Act
and/or the California Family Leave Act shall be concurrent with any leave
entitlement an employee may have under the provisions of ARTICLE 14.4
above.
14.6 Employees shall be granted unpaid leave whenever duly summoned to any
court for the purpose of performing jury duty, provided the employee submits
documentation from the court for such duty performed.
14.7 ANAHEIM shall provide employees in classifications listed in Appendix "A-1" and
"A-2" of this MOU with sick leave benefits in accordance with California Labor
Code section 246, except that employees shall be allowed to use up to a
maximum of forty-eight (48) hours of accrued sick leave in a calendar year. It
is the responsibility of employees to adhere to all City and Department policies
and regulations regarding attendance and sick leave.
ARTICLE 1 - MILITARY LEAVE
15.1 Military Leave and compensation therefore shall be in accordance with the
provisions of the Military and Veterans Code of the State of California and the
Uniformed Services Employment and Reemployment Rights Act.
15.1.1 Notwithstanding ARTICLE 15.1, during any term of deployment,
employees shall be considered to be on leave without pay (LWOP)
status and shall accrue no paid leaves. However, such employee
will not lose seniority during deployment.
15.2 Employees serving in the National Guard shall provide ANAHEIM with their
weekend drill and/or annual training schedule at least four (4) weeks prior to
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their anticipated absence. When such advance notice is not possible due to
unforeseen circumstances, an employee shall notify ANAHEIM no later than the
employee's first work day after the employee is notified of a scheduled drill or
training.
ARTICLE 16 - WORK ASSIGNMENT
16.1 In the interest of maintaining an efficient system of operations in the
Convention, Sports and Entertainment Department and to facilitate the
assignment of fluctuating numbers of part-time employees to the various
events, ANAHEIM and the UNION agree that appropriate consideration shall be
given to the following:
16.1.1 Work opportunities required to maintain an adequate, interested,
trained, and available part-time work force.
16.1.2 Work opportunities based upon employee availability, record of
performance, and seniority (in that order). ANAHEIM shall ensure that
assignment of employees pursuant to this ARTICLE shall be free of
any personal or political considerations, and shall not be made in a
capricious or arbitrary manner.
16.2 ANAHEIM and UNION agree that in order to improve communication and
understanding regarding the scheduling of employees in classifications listed in
Appendix "A-1", Parking Lot management and the UNION shall meet
periodically to review and address employee and UNION concerns regarding
the scheduling of Parking employees.
16.3 ANAHEIM and UNION agree to meet periodically during the term of this MOU
to develop scheduling procedures for the event part-time and regular part-time
employees in classifications listed in Appendix "A-2" of this MOU. ANAHEIM
and UNION agree that scheduling procedures developed under this ARTICLE
shall include, but not be limited to, the following considerations:
16.3.1 Limitations on changes to employee availability that will adversely
affect scheduling efficiency and effectiveness;
16.3.2 Procedures that will provide employees with a minimum expectation
of regularly scheduled hours based upon the employee's stated
availability;
16.3.3 Procedures that will ensure employees do not exceed the annual
limitations on work hours under the PERS for part-time event
employees, and City Administrative Regulations for part-time regular
employees; and
12
16.3.4 Procedures that provide sufficient flexibility in scheduling to
Convention, Sports and Entertainment management to ensure
management's ability to provide peak staffing when necessary.
16.4 ANAHEIM and UNION agree that Convention, Sports and Entertainment
management shall post, in conjunction with regular bi-weekly pay cycles, the
hours worked by employees listed in Appendix "A-2". The posting shall reflect
cumulative hours worked by both fiscal and calendar year.
16.5 ANAHEIM will post schedules no later than Thursday by 2:00 p.m. PST on a
bulletin board or ESS.ABIMM.com for the following week for parking employees
and for the following two (2) weeks for Parking Operations Lead and security
employees. ANAHEIM may issue revised schedules after Thursday 2:00 p.m.
PST based on event requirements or operational necessity. In the event a
revised schedule is issued, ANAHEIM shall notify the affected employees (within
a reasonable time frame).
ARTICLE 17 - REDUCTION IN FORCE
17.1 ANAHEIM and UNION agree that ANAHEIM will notify UNION of a planned
reduction in work hours or layoffs which may affect employees represented by
UNION at the same time or prior to notification of individual employees.
17.1.1 When such notice is provided, ANAHEIM and UNION agree to meet
and confer regarding the basis upon which work hours will be
reduced or employees will be laid off. If the parties are unable to
come to an agreement within twenty-one (21) calendar days of the
date that ANAHEIM provided notice under this ARTICLE, employees
shall be laid off from their position on the basis of City seniority,
from the least senior to the most senior. "Seniority" shall be
determined on the basis of the employee's hire date without regard
to the number of actual hours worked.
ARTICLE 18 - REINSTATEMENT
18.1 An employee who terminates employment in good standing may be reinstated
to a vacant position in the employee's former job class within two (2) years of
the . termination date without re -qualifying for employment by competitive
process.
18.1.1 An employee reinstated within thirty (30) days of the employee's
termination date shall be considered to have continuous service and
shall not serve a new probationary period. The employee shall be
placed in the employee's former salary step and shall retain the
employee's record of step hours worked for the purpose of merit
pay increases.
13
18.1.2 An employee reinstated after thirty (30) days of the employee's
termination date shall serve a new probationary period and shall
be considered to have broken service for the purpose of merit pay
increases.
ARTICLE 19 - INVESTIGATION
19.1 ANAHEIM shall provide employees with written notice at least twenty-four (24)
hours in advance of an investigatory interview that may lead to discipline. The
notice to the employee shall include a general description of the allegations to
be investigated and their right to union representation during the interview.
ARTICLE 20 - DISCIPLINE
20.1 The tenure of every employee shall be conditioned on good behavior and
satisfactory work performance. An employee may be suspended, demoted, or
dismissed for good and sufficient cause.
20.1.1 Disciplinary determinations made in accordance with this ARTICLE
shall be governed by the general principles of progressive discipline.
In determining levels of discipline, appropriate consideration shall
be given to an employee's prior disciplinary record and work
performance, and shall be appropriate to the incident or conduct(s)
giving rise to the decision to discipline.
20.2 When in the judgment of the appropriate division head or other appropriate
manager, an employee's work performance or conduct justifies disciplinary
action short of dismissal, the employee may be demoted or suspended without
pay. Upon taking such action a written notification containing a statement of
the substantial reasons for the action shall be filed with the employee and the
Human Resources Director. No employee shall be suspended for more than
thirty (30) calendar days at any one time.
20.3 An employee may be 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.
20.4 In the disciplinary process, ANAHEIM shall conform to the procedural due
process requirements of Skelly v. State Personne/Board. At such time as Skelly
due process is required, prior to the determination that discipline will be
imposed, the appropriate Department Head or Administrative Manager, at a
minimum shall:
14
20.4.1 Provide written notification to the employee of the proposed discipline
at least seven (7) working days prior to the date the discipline is
proposed to be implemented. The notification shall include:
20.4.1.1 The discipline that is proposed.
20.4.1.2 The grounds for imposing disciplinary action.
20.4.1.3 The actions, omissions, or conduct of the employee upon
which the proposed discipline is based.
20.4.1.4 An invitation to respond either orally or in writing prior to the
proposed effective date of the discipline.
20.4.2 Provide copies of documents considered which support the proposed
discipline.
20.4.3 Provide written notification of the final determination after consideration
of the employee's response or after the opportunity to respond if the
employee chooses not to respond.
20.4.4 ANAHEIM and the UNION recognize and understand that failure to
comply with ARTICLE 20.4 shall not invalidate a disciplinary action, but
may result in penalties upon ANAHEIM, as reflected in decisions of the
California appellate courts.
20.5 ANAHEIM and UNION agree to stipulate to the following submission language
when discipline under this ARTICLE is submitted to an impartial arbitrator:
"Was (name of employee) [suspended, demoted, or dismissed] for good and
sufficient cause? If not, what shall be the remedy?"
20.6 ANAHEIM shall remove all imposed written reprimands after the lapse of thirty-
six (36) months from the date of such discipline, contingent upon the employee
receiving no subsequent discipline of same or similar nature during the specified
thirty-six (36) month period.
20.6.1 If the employee receives subsequent discipline of same or similar
nature during the timeframe specified within ARTICLE 20.6, the
written reprimand shall remain part of the employee's
record/personnel file.
20.6.2 Any discipline relating to harassment, discrimination, and verbal or
physical violence shall be excluded from ARTICLE 20.6.
15
20.7 ANAHEIM shall provide employees with written notice at least twenty-four (24)
hours in advance of an investigatory interview that may lead to discipline. The
notice to the employee shall include a general description of the allegations to
be investigated and their right to union representation during the interview.
ARTICLE 21 - GRIEVANCE PROCEDURE
21.1 Any grievance or dispute brought forward by the UNION, which may arise out
of the application or interpretation of the terms or conditions of this MOU, shall
be settled in accordance with the procedure set forth below.
21.2 In those instances where discipline is imposed other than salary step reduction,
suspension, demotion, or dismissal, UNION may submit a written request for a
review of the disciplinary action through an administrative review procedure.
i. Administrative Review Procedure:
The written request must be submitted to the Human Resources
Department within fourteen (14) calendar days after receipt of notice
by the employee of the disciplinary action. The Department Head or
Administrative Manager under which the discipline was administered
shall conduct an administrative review within fourteen (14) calendar
days of submission of the written request.
The Department Head or Administrative Manager shall review the
disciplinary action and may affirm, reverse, or modify as deemed
appropriate the disciplinary action. The Department Head's or
Administrative Manager, determination shall be delivered in writing
within fourteen (14) calendar days after the administrative review. The
Department Head's or Administrative Manager's determination shall be
final and binding.
21.3 Employee grievances submitted by UNION to ANAHEIM shall be handled in the
following manner:
21.3.1 Step I. An attempt shall be made to adjust all grievances on an
informal basis between the employee, their UNION representative,
and a supervisor in the employee's chain of command, up to and
including the employee's manager, within seven (7) working days
after the occurrences of the incident involved in the grievance. The
manager shall deliver an answer within seven (7) working days after
conducting the Step I meeting.
21.3.2 Step II. If the grievance is not adjusted to the satisfaction of UNION
in step I, it shall be submitted in writing to the employee's
Department or Administrative Manager within seven (7) working
16
days after the Step I answer is received by UNION. The Department
Head or Administrative Manager shall meet with the employee and
the employee's UNION representative within ten (10) working days
after submission of the grievance. The Department Head or
Administrative Manager shall review the grievance and may affirm,
reverse, or modify as deemed appropriate, the disposition made at
Step I and the Step II answer shall be delivered to UNION within
seven (7) working days after said meeting.
21.3.3 Step III. If UNION is not satisfied with the answer at the Step II, it
shall be submitted to an impartial arbitrator for a final and binding
decision. Such submission must occur within thirty (30) calendar
days after the Step II answer is received.
21.3.3.1 In the event the parties are unable to agree upon the
selection of such impartial arbitrator within ten (10)
calendar days, upon request by either party an arbitrator
shall be selected from a list of prospective arbitrators
submitted by the American Arbitration Association or any
other mutually agreed upon provider.
21.3.4 An arbitrator's decision shall be final and binding on both parties, it
being agreed that said arbitrator shall have no powers to add to or
subtract from previous provisions herein, and that the laws of the
State of California shall be controlling at all times.
21.4 All expenses of any arbitration shall be borne equally by ANAHEIM and the
UNION.
21.5 The parties may mutually agree to submit any grievance or dispute covered
under the provisions of this ARTICLE to non -binding mediation, prior to
submission to arbitration. This language is not intended to impede or delay the
arbitration process.
ARTICLE 22 - DRUG AND ALCOHOL TESTING BASED ON REASONABLE
SUSPICION
22.1 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 drugs, nor shall an
employee possess, use, 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
their ability to perform job duties is impaired due to alcohol or drug use,
whether such use was on duty or off duty.
17
22.2 Employees taking drugs prescribed by an attending physician must advise their
direct supervisor, before beginning work, of possible side effects of such drugs,
if the physician or physician's assistant, 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
employee's ability to safely and effectively perform assigned duties while using
such drugs.
22.3 Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall, for safety purposes,
be provided transportation from the work site as appropriate.
22.3.1 The term "reasonably believed" as used in ARTICLE 22.3 above is a
belief based on objective facts, sufficient to lead a reasonably
prudent person to suspect that an employee is under the influence
of drugs or alcohol.
22.3.2 The term "under the influence" as used in ARTICLE 22.1 above
means the employee's ability to perform the functions of the job is
impaired or that the employee's ability to perform their job safely is
reduced due to the consumption or use of drugs or alcohol.
22.4 Managers and supervisors may order, upon concurrence of a second level of
supervisor or upon concurrence of a second supervisor if a second level
supervisor is not available, that an employee submit to a drug and/or alcohol
screening when a manager or supervisor has reasonable belief that an
employee is under the influence of illegal drugs and/or alcohol while at a work
location, 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.
22.4.1 An employee who refuses an order to submit to a drug and/or
alcohol screening, or to authorize the taking of a sample, or to
authorize the release of the results of the screening to the City, or
engages in conduct that clearly obstructs the testing process shall
be subject to disciplinary action, up to and including dismissal.
22.5 All alcohol or controlled substances testing shall comply with the procedures set
forth in the Federal Motor Carrier Safety Regulations Title 49 — Transportation,
Chapter III — Federal Highway Administration Department of Transportation,
Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing
Programs).
18
22.5.1 A positive result from a drug and/or alcohol screening may result in
disciplinary action, up to and including dismissal.
22.5.2 If a drug screen is positive, the employee must provide, within
twenty-four (24) hours of request, 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 action, 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.
22.6 An employee who has had a positive result from a drug screening, if not
dismissed under Section 22.5.1, 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).
22.7 Information obtained under the provisions of this ARTICLE and the attendant
regulations, policies, and procedures shall be held strictly confidential.
22.7.1 The 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 Act, California Civil
Code section 56, et seq.
22.7.2 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.
22.7.3 Disclosures, without patient consent, 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; or
(4) Is needed by medical personnel for the diagnosis or treatment
of a patient who is unable to authorize disclosure.
19
ARTICLE 23 - SERVICE PINS
23.1 Service awards, in the form of service pins or the equivalent, shall be presented
to employees in classifications listed in Appendix "A-1" and "A-2" for:
Five (5) years of service;
Ten (10) years of service;
Fifteen (15) years of service;
Twenty (20) years of service;
Twenty-five (25) years of service;
Thirty (30) years of service;
Thirty-five (35) years of service; and
Forty (40) years of service
Such a service award shall also be presented to an employee upon the
employee's seniority date or retirement.
ARTICLE 24 - NOTIFICATION OF CONTRACTING OUT
24.1 ANAHEIM agrees to notify UNION of possible contracting out of City work or
services if such contracting out will have a significant long term impact on work
performed by employees in classifications represented by UNION.
24.1.1 Such notification will be given before a decision to contract out is
made; and
24.1.2 UNION will have an opportunity to comment prior to a determination
by ANAHEIM to enter into contracting arrangements.
ARTICLE 25 - NO STRIKE
25.1 During the term of this MOU, the UNION agrees that neither the UNION or its
officers, agents, or members will directly or indirectly cause, sanction, permit,
support, or engage in any strikes, slowdowns, walkouts, stoppages of work, or
other concerted interference with ANAHEIM's business or operations.
25.2 The UNION and its officers or officials shall take every reasonable, prompt, and
positive measure within their power to prevent and stop any unauthorized
strike, slowdown, walkout, or stoppage of work.
ARTICLE 2 - SAVINGS CLAUSE
26.1 The Resolution of ANAHEIM shall provide that if any provision of this MOU or
the Resolution is at any time, or in any way held to be contrary to the law by
any court of proper jurisdiction, the remainder of this MOU and the remainder
20
of the Resolution shall not be affected thereby, and shall remain in full force
and effect.
ARTICLE 27 - DURATI N
27.1 The terms of this MOU are to remain in full force and effect until and including
December 19, 2024. Upon adoption of a Resolution approving the terms and
conditions of this MOU by,the City Council of the City of Anaheim, this MOU
shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIM,
A Municipal Corporation
vl-
Date
21
TEAMSTERS, Local No. 952, affiliated with
the InternationalgrvstherXod of Teamsters
Date
APPENDIX "A" - SPECIAL PROVISIONS
1. Effective the first day of the pay period following City Council adoption of this
MOU, ANAHEIM shall provide a base salary increase as listed in Appendix "A-1"
and "A-2". 3
2. Effective January 5, 2024, ANAHEIM shall provide a base salary increase of
three and one-half percent (3.5%).
3. During the term of the MOU, the parties shall meet and confer, upon mutual
agreement, if critical staff shortages occur in the classifications of PT Security
Officer and PT Lead Security Officer to determine appropriate compensation for
the PT Security Officer and PT Lead Security Officer classifications.
The parties further agree to modify Article 18 — Reinstatement during the term
of the MOU.
Notwithstanding Article 18 — Reinstatement, a PT Security Officer or PT Lead
Security Officer who terminates in good standing may be reinstated to a vacant
position in the employee's former job class in security operations within two (2)
years of the termination date without re -qualifying for employment by
competitive process.
A PT Security Officer or PT Lead Security Officer reinstated within ninety (90)
days of the employee's termination date shall be considered to have continuous
service and shall not serve a new probationary period. The employee shall be
placed in the employee's former salary step and shall retain the employee's
record of step hours worked for the purpose of merit pay increases.
A PT Security Officer or PT Lead Security Officer reinstated after ninety (90)
days of the employee's termination date shall serve a new probationary period
and shall be considered to have broken service for the purpose of merit pay
increases.
This provision shall sunset at the termination date of the agreement.
4. The City agrees to amend the class specifications of Part -Time Security Guard
and Part -Time Lead Security Guard to the classification title Part -Time Security
Officer and Part -Time Lead Security Officer, respectively, with the agreement
that the title change is made with specific understanding that Part -Time Security
Officer and Part -Time Lead Security Officer (hereinafter "Security Officers' are
not peace officers as defined by California Labor Code Section 4850, California
Government Code Section 3300, et seq. and any similar or related Federal,
22
State or local laws providing benefits and protections to Peace Officers; and
shall not be eligible for benefits as a Safety Member under the City's agreement
with the California Public Employees' Retirement System. Finally, the parties
agree to meet and confer over the effects in the event that a change in the law
extends any such benefits and protections applying to Peace Officers to those
serving in the Security Officer classification.
23
APPENDIX "'A-1" - WAGES
PARKING LOT EMPLOYEES
July 7, 2023 through January 4,
2024*
Classification
Step 9 Step 10
_ Step 11
Parking Lot Attendant
$17.00 $17.51
$18.04
Parking Lot Cashier
$18.14 $18.68
$19.24
Parking Lot Captain
$19.59 $20.17
$20.77
Parking Operations Lead $22.05 $22.70 $23.37
January 5, 2024 through December 19, 2024*
Incorporating 3.5% Increase
Classification
Step 9
Step 10 Step 11
Parking Lot Attendant
$17.60
$18.13
$18.67
Parking Lot Cashier
$18.77
$19.33
$19.91
Parking Lot Captain
$20.26
$20.87
$21.50
Parking Operations Lead
$22.81
$23.49
$24.19
* Note: At any time during this contract, if any steps fall below the California
State minimum wage, such rates shall be automatically reset equal to the
new state minimum wage.
24
APPENDIX "A-2" - WAGES
SECURITY OFFICER
July 7, 2023 through January 4, 2024*
Classification Step 8 Step 9
Part Time Lead Security Officer $23.87 $25.06
Part Time Security Officer $20.75 $21.79
January 5, 2024 through December 19, 2024*
Incorporating 3.5% Increase
Classification Step 8 Step 9
Part Time Lead Security Officer $24.70 $25.93
Part Time Security Officer $21.48 $22.55
* Note: At any time during this contract, if any steps fall below the California
State minimum wage, such rates shall be automatically reset equal to the
new state minimum wage.
SALARY RELATIONSHIP
SECURITY OFFICER
1. ANAHEIM AND UNION agree that wages for security officer classifications
represented by UNION shall be based on the following salary relationships:
Part -Time Security Officer
Part -Time Lead Security Officer 1.150 x Part -Time Security Officer
25
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. ANAHEIM and the UNION agree that ANAHEIM shall select a single financial
institution as the depository for the Parking Lot Employees Retirement Account,
and that all employee contributions to this mandatory program will be
separately accounted for.
5. ANAHEIM and the UNION agree that employee contributions will continue
during the life of this MOU.
6. ANAHEIM and the UNION agree that employees will be fully vested in the
benefit at the time of initial contributions.
7. ANAHEIM and the UNION agree that employees will not be removed from the
plan, except at such time as the employee is formally removed from the City
payroll.
8. ANAHEIM agrees to 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.
9. Either ANAHEIM or UNION may, at its sole discretion, terminate this Agreement
upon 90 day 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.
26
APPENDIX "C"
City of Anaheim UNION ACTM
HUMAN RESOURCES DEPARTMENT
I
June 8, 2009
Ernesto Medrano
TEAMSTERS
Local 952
140 S. Marks Way
Orange, CA 92868
Dear Mr. Medrano:
This is to confirm that the City of Anaheim recognizes that, in the event of a labor
dispute against the City, employees represented by the Teamsters, Local 952, may
decline to cross the sanctioned picket line of another labor union. In the event an
employee does not report for a scheduled work shift or is otherwise in violation of
Convention Center Hiles, regulations, or policies as the result of a decision to
honor a sanctioned picket line, the City will notify the Teamsters before initiating
any disciplinary action.
5iaceerely,
� �7--
L
Christopher K Chase
Deputy Human Resources Director
c: file
200 S. Men" Saubwrtl, Suite 332
AnahWn, Mfoinis 9250
TEL (714) 765-5111
wme xurrm,nw FAX 914) 765.5211
27
FAL71002SLDOC
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2023-041 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27th day of June. 2023 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz,
Faessel and Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June. 2023.
ITY CL RK OF THE CITY OF ANAHEIM
(SEAL)