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RES-2022-144RESOLUTION NO. 2022 - 144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47 AND THE CITY OF ANAHEIM WHEREAS, the International Brotherhood of Electrical Workers, Local 47 ("UNION") and the City of Anaheim ("ANAHEIM"), herein referred to collectively as the "PARTIES," have recognized that certain provisions of the Memorandum of Understanding between the IBEW and ANAHEIM for the term July 1, 2020 through December 31, 2022 ("MOU") have been interpreted and applied differently by City departments; and WHEREAS, the PARTIES, in a desire to avoid future grievances, have met and conferred and reached an agreement regarding Article 35.3 and 35.4 concerning Holiday Pay of MOU; and WHEREAS, as a result thereof, the PARTIES have signed a Letter of Understanding dated December 12, 2022, setting forth proposed amendments to the provisions in question; and WHEREAS, the City Council of the City of Anaheim finds that it is in the best interest of the City of Anaheim to approve said Letter of Understanding. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding dated December 12, 2022, between IBEW, Local 47 and the City of Anaheim, a copy of which is attached hereto and incorporated by reference herein, is hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of December 2022, by the following roll call vote: AYES: Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Faessel, and Meeks NOES: None ABSENT: None ABSTAIN: None [One City Council vacancy] ATTEST - CITY CL RK OF THE CITY OF ANAHEIM CITY/�F ANAHEIM I 1 A . A/ YOR OF TIE OF ANAHEIM LETTER OF UNDERSTANDING between the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS, LOCAL 47 and the CITY OF ANAHEIM The International Brotherhood of Electrical Workers, Local 47 ("UNION") and the City of Anaheim ("ANAHEIM"), herein referred to collectively as the "PARTIES," have met and conferred and reached an agreement regarding Article 35.3 and 35.4 concerning Holiday Pay of the Memorandum of Understanding between the International Brotherhood of Electrical Workers Local 47 and the City of Anaheim for the term July 1, 2020 through December 31, 2022 ("MOU"). The PARTIES herein agree to the following terms: (1) Effective upon the adoption of this Letter of Understanding (LOU) by the City Council of the City of Anaheim, Article 35.3 shall be amended to read in its entirety as follows: 35.3 Employees may be required to work on any of the holidays identified in Article 35.1 or, in those instances that one of these holidays fall on a Saturday or Sunday, the weekday observed in lieu of the holiday. For the purposes of Articles 35.3 and 35.4 a holiday identified in Article 35.1 shall be referred to as "Recognized Holiday" and a weekday observed in lieu of a Recognized Holiday that falls on a Saturday or Sunday shall be referred to as a "Holiday Observed Day". (2) Effective upon the adoption of this Letter of Understanding (LOU) by the City Council of the City of Anaheim, Article 35.4 shall be amended to read in its entirety as follows: 35.4 If required to work on a Recognized Holiday or Holiday Observed Day, employees shall be compensated for such work in lieu of receiving time off with pay as follows: 35.4.1 For employees assigned to a department other than the Public Utilities Department: 35.4.1.1 Employees required to work on a Recognized Holiday or a Holiday Observed day shall receive compensation for hours worked on any such days at their regular rate of pay and shall also be entitled to additional compensation in accordance with one of the subsections below: 35.4.1.1.1, 35.4.1.1.2 or 35.4.1.1.3. 35.4.1.1.1 An employee who is required to work on a Recognized Holiday, shall receive additional compensation equivalent to one and one-half (1%) times the employee's regular rate of pay for each hour worked on a Recognized Holiday, 35.4.1.1.2 In the event a Recognized Holiday falls on a Saturday or Sunday and an employee is not required to work on the Recognized Holiday but is required to work on the Holiday Observed Day, the employee shall receive additional compensation equivalent to one and one-half (1'/2) times the employee's regular rate of pay for each hour worked on the Holiday Observed Day. This section shall not apply STAFF OFFICIALS OF THE INTERNATIONAL BROTHERHOOD CITY OF ANAHEIM, of ELECTRICAL WORKERS, Local 47 a r low Date: / 2-12 ' Z[ 2:' Date: r1 Y �, 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. 2022-144 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20t" day of December, 2022 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None [One City Council vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of December. 2022. r 4f CI ERK OF THE CITY OF ANAHEIM (SEAL)