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99-089RESOLUTION NO. 99R - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EXTENDING THE CURRENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE GENERAL TRUCK DRIVERS UNION, LOCAL 952. WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer- employee relations system for the City; and WHEREAS, Section 1.06.100 of Chapter 1.06 requires Memoranda of Understanding to be presented to the City Council for determination; and WHEREAS, the City Council of the City of Anaheim finds that approval of a new Extension Agreement to the current Memorandum of Understanding executed on May 3, 1999 between the General Truck Drivers Union, Local 952 and the City of Anaheim is in the best interest of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Memorandum of Understanding between the General Truck Drivers Union, Local 952 and the City of Anaheim executed by the City Management Representative and the General Truck Drivers Union, Local 952 on May 3, 1999, as set forth in the document attached hereto and incorporated by reference herein, be and the same is hereby, approved and that the effective date of such Memorandum of Understanding shall be February 12, 1999. BE IT FURTHER RESOLVED that Resolution No. 96R-80 is hereby repealed effective February 12, 1999. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of May, 1999. MA OR OF THE Y OF ANAH ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY F:\DEPT\H RD\STAFF REP\SF1740CS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-89 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of May, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-88 on the 11th day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of May, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-88 was duly passed and adopted by the City Council of the City of Anaheim on May 11th, 1999. CITY CLERK OF THE CITY OF ANAHEIM GTDU, LOCAL 952 SUMMARY OF COMPREHENSIVE OFFER ARTICLE CHANGES ARTICLE 1 Deleted all references to a parking concession agreement Preamble with Disney Baseball Enterprises, Inc. • Changed references to the Stadium/Convention Center to reflect the new name for the department (Convention, Sports and Entertainment) ARTICLE 2 Deleted all references to a parking concession agreement Union Recognition with Disney Baseball Enterprises, Inc. • Changed references to the Stadium/Convention Center to reflect the new name for the department (Convention, Sports and Entertainment) ARTICLE 3 Re-titled to "Hiring and Employment of Employees Hiring and Employment of Working In The Convention, Sports, And Entertainment Employees Working at the Department" Anaheim Stadium and Deleted all references to a parking concession agreement Convention Center Or at the with Disney Baseball Enterprises, Inc. Baseball Stadium Parking Changed references to the Stadium/Convention Center to Area Under Any City of reflect the new name for the department (Convention, Anaheim Parking Concession Sports and Entertainment) Agreement with Disney Baseball Enterprises, Inc. ARTICLE 4 Added 4.3 regarding notice to the Union of employee Check-Off orientation sessions. ARTICLE 5 NO CHANGES Administration ARTICLE 6 Deleted 62 as obsolete language Classifications, Wages and Hours ARTICLE 7 Changed references to the Stadium/Convention Center to Working Conditions reflect the new name for the department (Convention, Sports and Entertainment) ARTICLE 8 NO CHANGES Grievance Procedure ARTICLE 9 NO CHANGES Prevailing Rates for Subcontractors ARTICLE 10 NO CHANGES No Strike ARTICLE 11 Changed references to the Stadium/Convention Center to Work Assignment reflect the new name for the department (Convention, Sports and Entertainment) EXISTING ARTICLE 12 NO CHANGES Work Location ARTICLE 13 Grammar correction Vacation Benefit ARTICLE 14 NO CHANGES Agency Shop Article 15 NO CHANGES Savings Clause Article 16 • Modified to reflect new duration dates from 2/12/99 to Duration 7/13/00 • Modified to reflect that contract does not become null and void but will continue until terminated or amended in the course of meet and confer. • Modified signature line heading to add "Affiliated with International Brotherhood of Teamsters" APPENDIX "A" Re-titled to "Convention, Sports and Entertainment Dept." Convention Center or City of . Deleted obsolete reference to hourly rates at the Stadium Anaheim Parking Concession Reflects a 15 cents per hour wage increase to be effective October 15, 1999 • Deleted obsolete language under (3) and (5) • Renumbered balance of article APPENDIX "B" Deleted obsolete language under (4) and (5) referring to Defined Contribution "employer" contribution rates Retirement Plan . Renumbered balance of article • Corrected grammar under (9) 2 GTDU April 12, 1999 i~ EXTENSION AGREEMENT between the GENERAL TRUCK DRIVERS UNION, LOCAL 952 and the CITY OF ANAHEIM February 12, 1999 -July 13, 2000 TABLE OF CONTENTS PAGE ARTICLE 1 PREAMBLE 1 ARTICLE 2 UNION RECOGNITION 1 ARTICLE 3 HIRING & EMPLOYMENT OF EMPLOYEES 2 WORKING IN THE CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT ARTICLE 4 CHECK-OFF 4 ARTICLE 5 ADMINISTRATION 5 ARTICLE 6 CLASSIFICATIONS, WAGES AND HOURS 5 ARTICLE 7 WORKING CONDITIONS 6 ARTICLE 8 GRIEVANCE PROCEDURE 6 . ARTICLE 9 PREVAILING RATES FOR SUBCONTRACTORS 7 ARTICLE 10 NO STRIKE 8 ARTICLE 11 WORK ASSIGNMENT 8 ARTICLE 12 WORK LOCATION 8 ARTICLE 13 VACATION BENEFIT 9 ARTICLE 14 AGENCY SHOP 9 ARTICLE 15 SAVINGS CLAUSE 9 ARTICLE 16 DURATION 10 APPENDIX "A" CONVENTION, SPORTS AND ENTERTAINMENT 11 DEPARTMENT APPENDIX "B" DEFINED CONTRIBUTION RETIREMENT PLAN 13 GTDU 2/12/99 - 7113/00 T. _. _.._ _ __ ~__.._ .___ .___.___..__ _ .----..~ ARTICLE 1 PREAMBLE 1.1 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Anaheim (hereinafter called "ANAHEIM") and the General Truck Drivers Union, Local 952, affiliated with International Brotherhood of Teamsters (hereinafter called "UNION") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A" in the Convention, Sports and Entertainment Department. 1.2 The terms and conditions of employment that are set forth in the Memorandum have been discussed in good faith between the staff officials of ANAHEIM and the UNION and the staff officials of ANAHEIM agree to recommend to the Anaheim City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a Resolution of the City Council. Upon the adoption of such a Resolution, all the terms and conditions of this Memorandum shall become effective without further action by either party. ARTICLE 2 UNION RECOGNITION 2.1 ANAHEIM hereby recognizes the UNION as the collective bargaining representative for all its members and as the collective bargaining agency concerning the wages, hours and working conditions of employees working in the Convention, Sports and Entertainment Department in the classifications that are set forth in Appendix "A", to the fullest extent allowable under California law applying to public employees. As public employees, such employees shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon the request of the employee the UNION shall be kept fully informed and have the right to be present at . all meetings between ANAHEIM and the individual. 1 GTDU 2112!99 - 7!13!00 _. T _ _.. __ _._ _ _ .._ __....._ 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 procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of union or non-union membership or because of race, color, creed, national origin, religious or political affiliation or belief, sex, age or physical disability, except where age or lack of physical disability is a bona fide occupational qualification. 3.3 ANAHEIM agrees once each quarter ,or upon request, to furnish the UNION a list of all persons hired for events at the Convention, Sports and Entertainment Department. 3.4 Employees hired in classifications listed in Appendix "A" of this agreement shall be subject to a period of probation consisting of fifty (50) event days worked or six (6) months, whichever occurs later. 3.5 The work and conduct of a probationary employee shall be subject to close scrutiny and evaluation and if found to be below standards satisfactory to the Convention, Sports and Entertainment Department, the probationer may be rejected at any time during the probationary period. Such rejections shall not be subject to review or appeal. 3.6 ANAHEIM agrees that when, after a reasonable effort to correct deficiencies, an employee is to be terminated or not scheduled for work due to unsatisfactory work performance or conduct, or lack of availability, ANAHEIM shall notify the employee and the UNION of such action. ANAHEIM and the UNION agree those individuals 2 GTDU 2/12/99 - 7113!00 _.r.. _ _._ _ _ _ _ who have had no hours of work in the classifications outlined in Appendix "A" for a period of nine months shall be separated. ANAHEIM shall notify the employee and the UNION of such action. 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 to set forth criteria for defining groups of employees engaged in limited employment who are covered by the Memorandum of Understanding between the parties. Accordingly, the following categories are hereby established. 3.71 Categories. 3.711 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 (not to exceed the maximum hours in any fiscal year permitted by the Califomia Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership.) 3.712 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 Califomia Public Employees' Retirement Law for exclusion from Public Employees' Retirement System membership but less than thirty hours per week on an ongoing basis in any fiscal year. 3.72 The number of positions in each category will vary in accordance with ANAHEIM's requirements and will be established by ANAHEIM. 3.73 Assignment of personnel to these positions and between these positions will be made by ANAHEIM. Consideration will be given to Part-Time employees when assigning employees to Part-Time 30 Hours. 3 GTDU 2!12199 - 7!13/00 3.74 Employees working in limited employment categories set forth in Article 3.711 are not entitled to any of ANAHEIM'S benefit plans except as set forth in Article 13 and Appendix "B" of the Memorandum of Understanding, provided, however, that employees assigned to Article 3.712 will be enrolled in the Public Employees Retirement System covering miscellaneous employees of Anaheim. 3.75 Employees hired or assigned to positions defined in Article 3.712 shall pay 3.75% of the statutory required 7% employee contribution to the retirement system. Such contributions shall be designated as "employer pick up" contributions under the provisions of Section 414 (h) (2) of the Internal Revenue Code. ARTICLE 4 CHECK-OFF 4.1 ANAHEIM agrees to a check-off for the payment of the regular monthly UNION dues and the regular UNION initiation fee, and to deduct such payments from the wages of all UNION members when authorized to do so by said members, and remit such payments to the UNION in accordance with the terms of signed authorizations of such members. The deduction of such dues and initiation fees by ANAHEIM and the remittal of same by ANAHEIM to the UNION, shall constitute payment of said dues and initiation fees by such members of the UNION. 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 4 GTDU 2/12!99 - 7!13/00 presentation on Union representation prior to the scheduled starting time and/or following the conclusion of the orientation meeting. 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 shall not interrupt the work of such 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 ANAHEIM shall furnish bulletin board space at each facility at a mutually agreeable, specific location for the purpose of posting notices pertaining to UNION business. ARTICLE 6 CLASSIFICATIONS, WAGES AND HOURS 6.1 Wages and hours of work for the various classifications shall be as set forth in Appendix "A", attached to this Memorandum and by this reference made a part hereof. 5 GTDU 2/12/99 - 7113!00 T. ARTICLE 7 WORKING CONDITIONS 7.1 ANAHEIM agrees to furnish and maintain uniforms including suitable rain gear for its employees, without cost to the employees. 7.2 ANAHEIM shall maintain suitable dressing and break quarters for the use of the employees covered herein. 7.3 Management of the Convention, Sports and Entertainment Department will, to the extent possible, pre-determine the number of parking spaces needed to take care of the public attending events at their facilities. To the extent there are spaces available to permit employee parking, spaces will be made available to employees at no charge. Anaheim agrees to make reasonable effort to identify additional employee parking. 7.4 Adequate restroom and locker room facilities shall be provided for all employees. 7.5 The City will furnish and maintain safety equipment at its facilities. As a continuing portion of its Safety Program, the City agrees to maintain an active CitylUnion communication of any safety problems noted within the facilities. ARTICLE 8 GRIEVANCE PROCEDURE 8.1 Any grievance or dispute which may arise out of the application or interpretation of the terms or conditions of this Memorandum shall be settled in accordance with the procedure set forth hereinbelow, except a dispute by an applicant regarding .employment. 8.2 Any grievance or dispute as defined under paragraph (a) hereinabove shall be reduced to a written form by the charging party and presented to the other party's 6 GTDU 2/12/99 - 7/13!00 T _ _.. __ __~ _.., authorized representative within fifteen (15) calendar days of the date of the alleged occurrence or dispute. Thereafter, a representative of ANAHEIM, selected by the latter, shall meet within fifteen (15) calendar days of the receipt of the written grievance with an authorized agent of the UNION, selected by the UNION, in an attempt to resolve the dispute. In the event the parties cannot resolve the dispute to the charging party's satisfaction, 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. 8.3 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. 8.4 All expenses of an arbitration shall be borne equally by ANAHEIM and the UNION. 8.5 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 9 PREVAILING RATES FOR SUBCONTRACTORS 9.1 In the event ANAHEIM decides to contract out to a private employer any of the work of the classifications herein covered for events, it is agreed that such contracting of said work shall be made by ANAHEIM only to contractors or employers whose employees are paid the prevailing rates of pair and all other applicable benefits which are provided for in this Memorandum for employees in the specified classifications. This Article shall remain in effect through midnight September 30, 1996. 7 GTDU 2/12/99 - 7113!00 . _ _. _r _ ~,_ __ , _ __ .. __. ARTICLE 10 NO STRIKE 10.1 The UNION agrees that under the term of this Memorandum the UNION and/or its members shall not conduct any strikes, slowdowns or other work stoppage against ANAHEIM. ARTICLE 11 WORK ASSIGNMENT 11.1 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 Parking Lot employees to the various events, ANAHEIM and the UNION agree that appropriate consideration shall be given to the following: 11.11 Work opportunities required to maintain an adequate, interested, trained, available part-time Parking Lot work force. 11.12 Employees record of performance, availability and seniority, in that order. ARTICLE 12 WORK LOCATION 12.1 ANAHEIM and the UNION further agree that part-time Parking Lot employees normally assigned to work at one facility will not be ordered to work at another facility except when an insufficient number of part-time Parking Lot employees agree to temporary assignment at the other facility. 8 GTDU 2/12!99 - 7/13/00 . ..r. __ _ _. ___.._... __ ARTICLE 13 VACATION BENEFIT 13.1 Employees working in classifications listed in Appendix "A" who work eight hundred (800) or more hours in any calendar year shall be paid three percent (3%) of his/her gross earnings as vacation benefits upon separation or during the first pay period of the next calendar year. The calendar year shall be defined as the period for which wages earned are reported for tax purposes. ARTICLE 14 AGENCY SHOP 14.1 In the event that this agreement is ratified and signed by the Union prior to March 9, 1989, ANAHEIM agrees to implement an Agency Shop effective February 9, 1990, in accordance with Section 3502.5 of the Government Code effective March 10, 1989. The eligible charities exempt from taxation under 501 (c) (3) shall be the American Cancer Society, the American Heart Association, and the American Lung Association. ARTICLE 15 SAVINGS CLAUSE 15.1 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 the law by any court of properjurisdiction, the remainder of this Memorandum and the remainder of the Resolution shall not be affected thereby, and shall remain in full force and effect. 9 GTDU 2/12/99 - 7/13/00 r. r ~.._ .-. _ _ _ _ _ ___. ARTICLE 16 DURATION 16.1 The terms of this Memorandum are to be extended until and including the 13th day of July 2000, except as to the schedule of wages and economic benefits which are to be reviewed and subject to discussion during the SIXTY (60) DAYS prior to July 13, 2000, and if said schedule of wages and economic benefits cannot be agreed upon by said date, this Memorandum shall continue thereafter until terminated or amended in the course of meet and confer. Upon adoption of a Resolution approving the terms and conditions of this Memorandum by the City Council of the City of Anaheim, this Memorandum shall be in full force and effect. STAFF OFFICIALS OF THE CITY OF ANAHEIM, A Municipal Corporation -,~'~z- ~ ~~l ~m'~- GENERAL TRUCK DRIVERS UNION Local No. 952, affiliated with the International Brotherhood of Teamsters Dated: ~~- +X ~~ ~~ Dated: 1'Y1 I l9 ' io GTDU 2/12!99 - 7/13100 .. ~ APPENDIX "A" CONVENTION, SPORTS AND ENTERTAINMENT DEPARTMENT HOURLY PAY RATES CLASSIFICATIONS 02/12/99 10/15/99 Parking Lot Attendant 8.45 8.60 Parking Lot Attendant -Captain 9.18 9.33 Parking Lot Cashier 8.71 8.86 Parking Lot Cashier -Captain 9.44 9.59 1. Personnel newly hired into any classification in Appendix "A" on or after 3/28/86 will be paid an entry level rate amounting to 50 cents per hour less than the rates set forth in the Appendix. This reduced rate will continue during the first 400 hours of employment. Thereafter, the rate payable shall be that rate set forth in Appendix "A". Newly hired personnel shall be defined as those individuals who have had no hours of work in the classifications outlined in Appendix "A" for a period of nine months. 2. The hourly rate classifications shall be on a four (4) hour guarantee except when called in for meetings and training when the guarantee shall be two (2) hours. For time worked in excess of the guarantee, employees in said classifications shall be paid straight time overtime based on the applicable hourly rates to be computed in quarter hour units. On New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, employees working in the above classifications shall receive time and one-half (1/2) for all hours worked. 3. For time worked in excess of eight (8) hours per day or forty (40) hours in one week, employees shall be paid time and one-half (1/2) based on the applicable hourly rates to be computed in quarter hour units. This overtime provision shalt apply whenever an employee shall have actually worked in excess of eight (8) hours in either one or both locations during the same week. 11 GTDU 2!12!99 - 7/13/00 4. In case of rain out or cancellation of event, and if ANAHEIM does not give reasonable notice, either personally or through public communications, ANAHEIM will pay to per diem employees one-half (1/2) day's pay if the employee reports for work and full pay if the gates are open, and to hourly employees two (2) hours pay if the employee reports for work and four (4) hours pay if the gates are open. 5. When both Parking Lot Attendants and Parking Lot Cashiers are supervised by a single captain level supervisor, that supervisor will be compensated as a Parking Lot Cashier-Captain. 6. When Parking Lot Cashier is counting money they will be paid $2.00 bonus per event. 12 GTDU 2/12/99 - 7/13/00 T __ _ ._._ ~ _ __ APPENDIX "B" DEFINED CONTRIBUTION RETIREMENT PLAN ANAHEIM and the UNION agree that Anaheim shall adopt a 457 plan as the vehicle 1 for a permitted defined contribution retirement plan for eligible employees of the Parking Lot Employees Unit. ANAHEIM and the UNION agree that mandatory participation is required by all employees in Article 3.711 Part-Time employees (Article 3 of the Memorandum of Understanding between ANAHEIM and the UNION). 2. ANAHEIM and the UNION agree that employees in Article 3.712 Part-Time 30-hour 3. Employees (Article 3 of the Memorandum of Understanding between ANAHEIM and the UNION) are not eligible to participate in the mandatory 457 program. Effective May 10, 1996, after City Council approval of a new Memorandum of 4. Understanding, ANAHEIM and the UNION agree that the employer contribution to the plan will cease and the employee contribution to the plan will be 7.5% of bi- weekly gross pay. ANAHEIM and the UNION agree that Anaheim shall select a single financial 5 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. ANAHEIM and the UNION agree that Employee contributions will continue during the 6. life of this agreement. ANAHEIM and the UNION agree that employees will be fully vested in the benefit at 7 the time of initial contributions. ANAHEIM and the UNION agree that employees will not be removed from the plan, 8. except at such time as the employee is formally removed from the City payroll. 13 GTDU 2/12/99 - 7113/04 T. 9. ANAHEIM agrees that Anaheim will develop and adopt such amendments to the 457 plan that are necessary to ensure compliance with Intemal Revenue Service regulations and rulings at such time as they are issued. 10. Either ANAHEIM or the UNION may, at its sole discretion, terminate this agreement upon 90 days notice to the other party; it being understood that termination of this agreement would result in the implementation of Social Security payments by the employee and the employer as required by Section 3121 (b)(7)(F) of the Intemal Revenue Code. 14 GTDU 2!12/99 - 7113/00 T.