MEMORANDUM OF UNDERSTANDING
between the
TEAMSTERS, LOCAL 952
and the
CITY OF ANAHEIM
January 2, 201923 through January 1, 2023
December 19, 2024
i
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 ..................................................................... 887 ARTICLE 10 - BILINGUAL PAY ................................................................. 998 ARTICLE 11 - HEALTH & WELFARE .......................................................... 998 ARTICLE 12 - VACATION BENEFIT ...................................................... 10109 ARTICLE 13 - WORKING CONDITIONS ................................................ 10109 ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES ......................... 111110 ARTICLE 15 - MILITARY LEAVE ......................................................... 121211 ARTICLE 16 - WORK ASSIGNMENT .................................................... 131312 ARTICLE 17 - REDUCTION IN FORCE ................................................ 141413 ARTICLE 18 - REINSTATEMENT ........................................................ 141413 ARTICLE 19 - INVESTIGATIONS ........................................................ 151514 ARTICLE 20 - DISCIPLINE ................................................................ 151514 ARTICLE 21 - GRIEVANCE PROCEDURE ............................................. 171716 ARTICLE 22 - DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION ...................................................................................... 181817 ARTICLE 23 - SERVICE PINS ............................................................. 212120 ARTICLE 24 - NOTIFICATION OF CONTRACTING OUT ........................ 212120 ARTICLE 25 - NO STRIKE ................................................................. 212120 ARTICLE 26 - SAVINGS CLAUSE ........................................................ 222221 ARTICLE 27 - DURATION .................................................................. 222221 ii
APPENDIX “A” WAGES ...................................................................... 242422 SPECIAL PROVISIONS ...................................................................... 242422 APPENDIX “A-1” WAGES ....................................................................................272724 PARKING LOT EMPLOYEES ...............................................................................272724 APPENDIX “A-2” WAGES .................................................................................292925 SECURITY OFFICERS .......................................................................................292925 APPENDIX “B” .............................................................................. 313126 APPENDIX “C” ................................................................................. 323227 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 ........................................................................ 8 ARTICLE 10 - BILINGUAL PAY .................................................................... 9 ARTICLE 11 - HEALTH & WELFARE ............................................................. 9 ARTICLE 12 - VACATION BENEFIT ........................................................... 10 ARTICLE 13 - WORKING CONDITIONS ..................................................... 10 ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES ................................ 11 ARTICLE 15 - MILITARY LEAVE ................................................................ 12 ARTICLE 16 - WORK ASSIGNMENT ........................................................... 12 ARTICLE 17 - REDUCTION IN FORCE ....................................................... 14 ARTICLE 18 - REINSTATEMENT ............................................................... 14 ARTICLE 19 - INVESTIGATIONS ............................................................... 14 ARTICLE 20 - DISCIPLINE ....................................................................... 15 ARTICLE 21 - GRIEVANCE PROCEDURE .................................................... 16 ARTICLE 22 - DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION ............................................................................................. 18 iii
ARTICLE 23 - SERVICE PINS .................................................................... 20 ARTICLE 24 - NOTIFICATION OF CONTRACTING OUT ............................... 21 ARTICLE 25 - PREVAILING RATES FOR SUBCONTRACTORS ....................... 21 ARTICLE 26 - NO STRIKE ........................................................................ 21 ARTICLE 27 - SAVINGS CLAUSE ............................................................... 21 ARTICLE 28 - DURATION ......................................................................... 22 APPENDIX “A” WAGES – SPECIAL PROVISIONS ......................................... 23 APPENDIX “A-1” WAGES – PARKING LOT EMPLOYEES ............................... 25 APPENDIX “A-2” WAGES – SECURITY OFFICERS ....................................... 26 APPENDIX “B” – DEFINED CONTRIBUTION RETIREMENT PLAN .................. 27 APPENDIX “C” – UNION ACTIVITY ........................................................... 28
1 ARTICLE 1 - PREAMBLE
1.1 The wages, hours, and conditions of employment that are set f o r t h i n t h i s Memorandum of Understanding (hereinafter “MOU”) have been discu ssed and j o i n t l y p r o p o s e d b y a n d b e t w e e n t h e s t a f f o f f i c i a l s o f t h e C i t y o f A n a h e i m (hereinafter “ANAHEIM”) and the Teamsters, Local 952, affiliate d with International Brotherhood of Teamsters (hereinafter “UNION”) and shall apply to all the employees of ANAHEIM working in the classifications set forth in A p p e n d i x “ A - 1 ” a n d A p p e n d i x “ A - 2 ” i n t h e C o n v e n t i o n , S p o r t s a n d Entertainment Department.
1.2 The terms and conditions of employment that are set forth i n this MOU have been discussed in good faith between the staff officials of ANA HEIM 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 Counci l . U p o n t h e adoption of such a Resolution, a ll 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 bargainin g representative for all its members and as the collective bargaining agency con cerning the wages, hours, and working conditions of employees working in the Convention, Sports and Entertainment Department in the classifications that are set forth in A p p e n d i x “ A - 1 ” a n d A p p e n d i x “ A - 2 ” , t o t h e f u l l e s t e x t e n t a l l o w able under California law applying to public employees. As public employe es, such employees shall have the right to discuss individual problems o f employment with ANAHEIM, provided that upon the request of the employee th e UNION shall be kept fully informed and have the right to be present a t 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 ju dge of the testing, qualificati on, and acceptance procedures of all applicants for employment and promotion and A NAHEIM retains the right to reject any applicant for employment; provi ded, 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 e xceptions 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 2 origin, religious or political a ffiliation or belief, ancestry, physical disability, mental disability, medical condition, marital status, gender, sexual orientation, gender identity, or age, and any other protected class under fe deral and/or state law, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the St ate of California o r w h e r e t h e e m p l o y e e b e c a u s e o f his/her 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 his/her the employee’s health or safety or the health or safety of others even with re asonable accommodation.
3.3 ANAHEIM agrees that no more than once each quarter to provi de the UNION upon request, a list of all persons hired for events at the Con vention, 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 succes sful completion of a probationary period, an employee shall be considered to ha ve 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 i njury 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 T h e w o r k a n d c o n d u c t o f p r o b a t i o n a r y e m p l o y e e s s h a l l b e s u b j e c t to close scrutiny. An employee shall be retained beyond the end of the probationary period only if the appropriate Executive Manager affirms that t he 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 standar ds to the Department, the appropriate Executive Manager may reject the pr obationer at any time during the probationary period. Such rejections shall not be subject t o r e v i e w o r a p p e a l u n l e s s s u c h r e j e c t i o n i s a l l e g e d t o b e c o n trary to the provisions of any state or feder al law, the Personnel Ordinance a n d / o r t h e 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 reaso nable effort to return an employee rejected or laid off during the probationary period to the classification in which he/she the employee had regular status, unl ess the reasons for h i s / h e r t h e f a i l u r e t o complete the probationary period would be cause for dismissal. If not returned to the his/her f o r m e r c l a s s i f i c a t i o n t h e e m p l o y e e s h a l l b e s e p a r a t e d f r o m employment with ANAHEIM.
3 3.7 ANAHEIM has determined that the size and operation of the C onvention, Sports and Entertainment Department has developed to the point that there is a need t o s e t f o r t h c r i t e r i a f o r d e f i n i n g g r o u p s o f e m p l o y e e s e n g a g e d in limited employment who are covered by the MOU between the parties. Acc ordingly, 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 Employ ees ― 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 acc ordance with ANAHEIM’s requirements and will be established by ANAHEIM.
3.7.3 Assignment of personnel to these positions and between th ese 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 posi tion’s required availability, f or a period of at least fourteen (14) five (5) consecutive days.
3.7.3.2 Select the employee to be assigned from those individua ls who request consideration during t h e p o s t i n g p e r i o d . U n l e s s 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 limit ed employment categories set fo rth in ARTICLE 3.7.1.1 are not entitled to any of ANAHEIM’s benefit pl ans e x c e p t a s s e t f o r t h i n A R T I C L E 1 1 a n d A p p e n d i x “ B ” o f t h e M O U , 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 Effective the pay period beginning July 1, 2016, eE mployees 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%) em ployee contribution to the retirement system, plus an additional four percent 4 (4%). The additional contributions shall be designated as “cos t share” contributions under California Government Code Section 20516(f).
3 . 7 . 6 U N I O N a n d A N A H E I M a g r e e t h a t A N A H E I M a m e n d e d t h e P E R S Miscellaneous Plan for Anaheim C ity, Employer Number 0303, to institute a revised defined bene fit retirement plan consistent with the Public Employees’ Pension Reform Act of 2013 (“PEPRA”). The re vised defined retirement plan includes the 2.0% @ 62 defined formula (Government Code section 7.522.20(a)), with a final compensatio n period of three (3) consecutive years (Government Code section 20037) and the employee paying any amount necessary to cause the employee t o p a y f i f t y p e r c e n t ( 5 0 % ) o f t h e n o r m a l c o s t s a t t r i b u t a b l e t o the applicable retirement formula, as provided in Government Code sections 7522.30 and 20526. Eligible emplo yees 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 provis ions of the California Public Employees’ Pension Reform Act of 2013, sh all 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 Effective the pay period beginning July 1, 2016, eE mployees mandatorily enrolled in ANAHEIM’s deferred compensation plan (4 57) s h a l l c o n t r i b u t e s e v e n a n d o n e - h a l f p e r c e n t ( 7 ½ % ) o f h i s / h e r 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 p ayments 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 o f signed authorizations of such members. The deduction of such dues and initiation fees b y A N A H E I M a n d t h e r e m i t t a l o f s a m e b y A N A H E I M t o t h e U N I O N s h all constitute payment of said dues and initiation fees by such mem bers of the UNION.
4.2 T h i s c h e c k - o f f p r o c e d u r e s h a l l a p p l y o n l y t o t h o s e m e m b e r s o f the UNION whose names shall have been furni shed to ANAHEIM by the UNION a nd who have not arranged to apply their monthly dues and regular initi ation fee personally to the UNION.
5 4.3 When employee orientations are held for employees, the UNION sh all 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.
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 a re 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 appoin tments, if any.
The parties agree that employees elected or appointed as shop s tewards 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 r e g u l a r Anaheim business hours, a reasonable number of officers, shop s tewards, or other representatives of UNION shall be paid their regular hour ly 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 bulleti n board space at a mutually ag reeable, 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 A n a h e i m C o n v e n t i o n , S p o r t s a n d E n t e r t a i n m e n t D e p a r t m e n t 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 w o r k h o u r s r e s e a r c h i n g L M C i s s u e s o r o t h e r w i s e c o n d u c t i n g L M C - related business shall be voluntary and unpaid.
ARTICLE 6 - DISCUSSION
6.1 It is the intent of both parties to maintain an open line o f 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 no tify the other party o f t h e s u b j e c t t o b e d i s c u s s e d . T h e r e a f t e r , a m e e t i n g s h a l l b e p r o m p t l y 6 arranged, at which meeting no more than two (2) UNION members a nd the business manager or business representative of the UNION may be present.
6.3 If the parties are not able to resolve the issues after thr ee (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 t he City Management R e p r e s e n t a t i v e a n d U N I O N t o a m e n d t h i s M O U , s u c h a g r e e m e n t s h a ll be incorporated in a written letter of understanding, signed by th e City Management Representative and UNION representatives. The matte rs incorporated in the Letter of Un derstanding shall be presented t o t h e C i t y Council, or its statutory representative, 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 de duction of such dues and the remittal of same by ANAHEIM to UNION shall co nstitute payment of said dues and initiation fees by such members and em ployees to UNION.
7.1.1 ANAHEIM shall pr ovide dues check-off deduction forms to employees when first hired. UNION shall be responsible for obt aining employee signatures and submitting deduction authorization cards to AN AHEIM’s Payroll Manager.
7.2 UNION shall inform ANAHEIM of any employees who have withdr awn their authorization for dues deduction. ANAHEIM will process the change within two (2) pay periods of receipt of the information from UNION. Empl oyees wishing to stop dues deductions shall communicate directly with UNION a t 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 a nd 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 ref erence made a part hereof.
7 8.2 Newly hired employees shall be compensated at the lowest st ep of the salary schedule of the job class for which they were hired.
8.3 Employees in job classifications listed in Appendix “A-1” s hall be eligible for consideration for merit pay increases as follows:
8 . 3 . 1 T o t h e t e n t h s t e p o f t h e s a l a r y s c h e d u l e a f t e r c o m p l e t i o n o f o n e - thousand and forty (1,040) hours worked in the ninth step.
8.3.2 Effective December 24, 2021, tT o the eleventh step of the salary schedule after completion of one -thousand and forty (1,040) hou rs worked in the tenth step for employees assigned to the job classifications of Parking Lot Attendant, Parking Lot Cashier, and Parking Lot Captain, and Parking Operations Lead.
8.3.3 Merit pay increases may be denied by the employee’s depar tment manager for good and sufficient reasons. Employees shall be gi ven 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 Employees in job classifications listed in Appendix “A-1” s hall be eligible for consideration for a performance bonus of twenty cents ($.20) per hour for each hour worked as follows:
8.4.1 Upon completion of one-thousand and forty (1,040) consecu tive hours worked in the ninth step of the salary schedule; and
8.4.2 Performance ratings of “Sa tisfactory” or better on the tw o (2) most recent performance evaluations.
8.4.3 The performance bonus may be revoked by the employee’s de partment manager for good and sufficient cause. Upon taking such action , the department manager shall provide written notification to the em ployee containing a statement of the substantial reasons for the revoc ation. An e m p l o y e e w h o h a s h a d t h e p e r f o r m a n c e b o n u s r e v o k e d m a y r e - e s t a blish eligibility for consideration fo r the bonus in accordance with ARTICLES 8.4.1 and 8.4.2 above.
8.4.4 For the purpose of 8.4.3 above, the term “good and suffic ient cause” shall be understood to include, but not be limited to, violations of Anaheim Convention, Sports and Entertainment Departm ent attendance policies, employ ee misconduct resulting in discipline of a written reprimand or gr eater, or two (2) consecutive performance ratings of less than “Satisfactory.”
8 8.4.5 The performance bonus shall be effective the following pa y period the employee becomes eligible to receive such bonus. In the event ANAHEIM fails to provide such bonus as specified above, ANAHEIM agrees to provide the pe rformance bonus retroactive contingent upon the employee sustaining eligibility specified under this ARTICLE.
8.4.6 Effective the pay period b e g i n n i n g J a n u a r y 2 , 2 0 1 5 , A R T I CLES 8.4 through
8.4.5 shall no longer be applicable.
8.45 The hourly rate shall be on a four (4) hour guarantee except w hen 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 (¼) hour units.
8.56 Employees in job classifications listed in Appendix “A-2” shal l be eligible for consideration for merit pay increases as follows:
8.56.1 To the ninth step of the salary schedule after completion of o n e thousand-forty (1,040) hours worked in the eighth step.
8 . 6 A n e m p l oy ee w h o i s p ro m o te d o r re c l a s s i f i ed to a h i gh e r jo b class shall be placed on the first step of the higher salary schedule. Consid eration 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 for ty (40) hours in one (1) week, employees shall be paid time and one-half (1 ½) based o n t h e applicable hourly rates to be computed in quarter (¼) hour units.
9.2 In case of rain out or cancellation of an event, and if ANA HEIM does not give reasonable notice, either personally or through public communic ations, ANAHEIM will pay an employee two (2) hours pay if the employee reports to work.
9 . 3 O n N e w Y e a r ’ s D a y , M e m o r i a l D a y , I n d e p e n d e n c e D a y , L a b o r D ay, Thanksgiving Day, Christmas Day, Martin Luther King, Jr.’s birt hday, and President’s Day, employees working in the above classifications shall receive time and one-half (1 ½) for all hours worked.
9.4 An employee who works any of the six (6) hours between 11:0 0 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 9.5 Effective June 30, 2017, aA n employee assigned by management to training duties shall receive one dollar ($ 1.00) per hour in addition to his/her the base rate of pay for each hour worked in such assignment.
ARTICLE 10 - BILINGUAL PAY
10.1 E f f e c t i v e t h e p a y p e r i o d b e g i n n i n g J u l y 3 , 2 0 1 5 , t 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 r egular duties of their position.
10.2 The appropriate Executive Manager shall designate which em ployees shall be assigned bilingual duties and which language(s) shall be eligib le for bilingual pay.
10.3 The Human Resources Director shall conduct a test of compe tency for employees who have been assigned bilingual duties to certify these employees eligible for bilingual pay, except that operating departments w ith authorized bilingual certifiers may conduct their own test of bilingual co mpetency 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 Huma n Resources Director of the p assing 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 Car e Act (“ACA”) 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) comp lete calendar month after becoming eligib le and for as long as they maintain eligibility under ACA requirements.
11.2 Employees eligible for healt h insurance pursuant to ARTICL E 11.1 shall be eligible for an HMO Plan 2 (full-time equivalent) after two (2) y e a r s o f employment.
11.3 ANAHEIM’s maximum contributi on 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 10 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 the request of the UNION, the parties may reopen at any time during the term of the MOU to discuss alternatives to existing healthcare options, including but not limited to, the feasibility of implementing the UNION’s Health & Welfare Plan for employees in the Teamsters Bargaining Unit. This term shall terminate on January 1, 2023 and shall not survive the term of this MOU.
11.45 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 his/her 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 an d 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 pro fessional standards of the Convention, Sports and Entertainment Department at the start of their shift.
13.3 ANAHEIM shall maintain suita ble dressing and break quarters for the use of the employees covered herein.
11 13.4 Management of the Convention, Sports and Entertainment Dep artment will, to the extent possible, pre-determi ne the number of parking spaces needed to t a k e c a r e o f t h e p u b l i c a t t e n d i n g e v e n t s . T o t h e e x t e n t t h e r e are spaces available to permit employee parking, spaces will be made avail able 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 prov ided for all employees.
13.6 The City will furnish and maintain safety equipment. As a continuing portion of its Safety Program, ANAHEIM agr e e s t o m a i n t a i n a n a c t i v e C i t y / Union communication of any safety problems noted.
13.7 ANAHEIM and UNION agree that regular, formal and informal feedback from s u p e r v i s o r s t o e m p l o y e e s i s c r i t i c a l t o g o o d j o b p e r f o r m a n c e , and that e m p l o y e e s h a v e t h e r i g h t t o k n o w h o w t h e y a r e p e r f o r m i n g i n r e lation to established standards. ANAHEIM agrees to provide each employee i n 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 th eir 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 reque st, a written performance appraisal may be reviewed with higher levels of man agement in the employee’s chain of command.
ARTICLE 14 - EMPLOYEE AVAILABILITY AND LEAVES
14.1 ANAHEIM and UNION agree that availability is a condition o f employment.
Event part-time employees shall be required to maintain an avai lability of twenty (20) hours per week. Regular part-time employees shall be required to maintain an availability of thirty (30) hours per week. An emp loyee who does not maintain his/her 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 u n p a i d s i c k l e a v e p e r y e a r . E m p l o y e e s w h o f a i l t o n o t i f y t h e 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 12 up to five (5) work shifts in the event of a death in their immediate family for the purpose of making funeral arrangements and/or attending funeral services.
S u c h l e a v e d o e s n o t h a v e t o b e t a k e n c o n s e c u t i v e l y . A n e m p l o y ee with available sick leave or compensatory time may use such accrued leave to cover all or a portion of the bereavement leave. Bereavement leave m ust be completed within three (3) months of the date of death. “Immediate family” f o r t h e p u r p o s e s o f t h i s p r o v i s i o n s h a l l b e t h e 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, “regis tered domestic partner” means that a Declaration of Domestic Partnership has b een 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 u npaid 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 sha ll require the prior written approval of Convention, Sports and Entertainment management.
14.5 Leaves taken under the provisions of the federal Family Me dical Leave Act and/or the California Family Lea v e A c t s h a l l b e c o n c u r r e n t w i t h a n y l e a v e entitlement an employee may have under the provisions of ARTICL E 14.4 above.
14.6 Employees shall be granted unpaid leave whenever duly summ oned to any court for the purpose of performing jury duty, provided the emp loyee submits documentation from the court for such duty performed.
14.7 ANAHEIM shall provide empl oyees in classifications listed in Appendix “A-1” and “A-2” of this MOU with sick leave benefits in accordance with C alifornia Labor Code section 246, except that e mployees shall be allowed to use u p t o 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 15 - MILITARY LEAVE
15.1 Military Leave and compensa tion therefore shall be in acco rdance with the provisions of the Military and Ve terans Code of the State of Ca lifornia 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.
13 15.2 Employees serving in the National Guard shall provide ANAH EIM with their weekend drill and/or annual training schedule at least four (4) weeks prior to their anticipated absence. When such advance notice is not pos sible 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 s cheduled drill or training.
ARTICLE 16 - WORK ASSIGNMENT
1 6 . 1 I n t h e i n t e r e s t o f m a i n t a i n i n g a n e f f i c i e n t s y s t e m o f o p e rations in the Convention, Sports and Entertain ment Department and to facilita te the assignment of fluctuating numbers of part-time employees to the v a r i o u s 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, int erested, trained, and available part-time work force.
16.1.2 Work opportunities based upon employee availability, rec ord 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 communica tion 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 te rm of this MOU to develop scheduling procedures for the event part-time and regular part-time employees in classifications liste d in Appendix “A-2” of this M OU. 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 t o employee availability that will adversely affect scheduling efficiency and effectiveness;
16.3.2 Procedures that will prov ide 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 14 employees, and City Administrative Regulations for part-time regular employees; and
16.3.4 Procedures that provide s ufficient flexibility in schedu ling 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 Entert ainment management shall post, in conjunc tion with regular bi-weekly pa y 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.
P S T b a s e d o n ev e nt r eq u i r e m en t s o r o pe r at i o na l n e c e s s i t y. I n the e ve n t 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 pla nned 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 lai d off. If the parties are unab le 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 seni ority, f r o m t h e l e a s t s e n i o r t o t h e m o s t s e n i o r . “ S e n i o r i t y ” s h a l l b e 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 e mployment in good standing may be reinstated to a vacant position in his/her the employee’s former job class within three (3) two (2) y e a r s o f his/her the termination date witho ut re-qualifying for employment by competitive process.
18.1.1 An employee reinstated within thirty (30) days of his/herthe employee’s termination date shall be considered to have continuous service and shall not serve a new probationary period. He/she The 15 employee shall be placed in his/her the employee’s former salary step and shall retain his/her the employee’s record of step hours worked for the purpose of merit pay increases.
18.1.2 An employee reinstated after thirty (30) days of his/her 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 - INVESTIGATIONS
19.1 ANAHEIM shall provide employees with written notice at lea st 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 determinatio ns made in accordance with thi s ARTICLE shall be governed by the general principles of progressive discipline.
In determining levels of discipline, appropriate consideration shall b e g i v e n t o a n e m p l o y e e ’ s p r i o r d i s c i p l i n a r y r e c o r d a n d w o r k 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 o ther appropriate manager, an employee's work performance or conduct justifies di sciplinary 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 m ore than thirty (30) calendar days at any one time.
20.3 An employee may be dismissed upon recommendation of a divi sion head or other appropriate supervisor whenever in the judgment of the ap propriate Department Head, the employee's work or misconduct so warrants. Upon taking such action, the Departme nt Head shall file with the emp loyee and the Human Resources Director a written notification containing a st atement of the substantial reasons for the action and the effective date of the action.
20.4 In the disciplinary process, A N A H E I M s h a l l c o n f o r m t o t h e procedural due process requirements of
Skelly v. State Personnel Board. At such time as Skelly 16 due process is required, prior to the determination that discip line will be imposed, the appropriate Department Head or Administrative Mana ger, at a minimum shall:
20.4.1 Provide written notification to the employee of the pro posed discipline at least seven (7) working days prior to the date the disciplin e 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 documen ts considered which support the proposed d i s c i p l i n e .
20.4.3 Provide written notificati on 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 fai lure 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 subm ission language when discipline under this ARTICL E 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 impo sed 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.
17 20.6.2 Any discipline relating t o harassment, discrimination, and verbal or physical violence shall be excluded from ARTICLE 20.6.
20.7 ANAHEIM shall provide employees with written notice at lea st 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, whi ch 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:
ii. 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 Hea d or Administrative Manager under which the discipline was administe red shall conduct an administrative review within fourteen (14) cal endar 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 deeme d appropriate the disciplinary action. The Department Head’s or Administrative Manager, determin ation shall be delivered in wri ting within fourteen (14) calendar days after the administrative review. The Department Head’s or Administrative Manager’s determination sha ll 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 grievan ces on an informal basis between the employee, his/her their UNION representative, and a supervisor in the employee’s chain of command, up to and including his/her the employee’s manager, within seven (7) working days after the occurrences of the inci dent i n v o l v e d i n t h e g r i e v a n c e . T h e m a n a g e r s h a l l d e l i v e r h i s / h e r a n answer within seven (7) working days after conducting the Step I meeting.
18 21.3.2 Step II. If the grievance is not adjusted to the satis faction of UNION in step I, it shall be submitted i n w r i t i n g t o t h e e m p l o y e e ’ s Department or Administrative Manager within seven (7) working days after the Step I answer is received by UNION. The Department Head or Administrative Manager shall meet with the employee and his/her the employee’s UNION representative within ten (10) working days after submission of the grievance to him/her . 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 ans wer 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 b inding decision. Such submission must occur within thirty (30) calend ar days after the Step II answer is received.
21.3.3.1 In the event the parties are unable to agree upon th e 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 t o or subtract from previous provision s 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 ARTI CLE 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
19 22.1 It is critical to the public health and welfare and to employees’ safety to ensure a drug and alcohol free work env ironment. No employee shall re port to work while under the influence of dr ugs or alcohol or illegal drugs, n o r s h a l l a n employee possess, use, or consume alcohol or illegal drugs whil e on City time or on City property. No employee shall report to work or remain on duty while his/her their ability to perform job duties is impaired due to alcohol or drug use, whether such use was on duty or off duty.
22.2 Employees taking drugs prescribed by an attending physicia n 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 e m p l o y e e t h a t i t c o u l d i n t e r f e r e w i t h t h e s a f e a n d e f f e c t i v e p erformance of duties or operation of equipment. Clearance from a qualified p hysician designated by the City may be required if there is a question r egarding 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 be lieved” as used in ARTICLE 22.3 above is a belief based on objective facts, sufficient to lead a reasonabl y prudent person to suspect that an employee is under the influen ce of drugs or alcohol.
2 2 . 3 . 2 T h e t e r m “ u n d e r t h e i n f l u e n c e ” a s u s e d i n A R T I C L E 2 2 . 1 above means the employee’s ability to p erform the functions of the jo b is impaired or that the employee’s ability to perform his/her 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 s u p e r v i s o r o r u p o n c o n c u r r e n c e o f a s e c o n d s u p e r v i s o r i f a s e c ond level supervisor is not available, that an employee submit to a drug and/or alcohol screening when a manager or supervisor has reasonable belief th at an employee is under the influence of illegal drugs and/or alcohol while at a work l o c a t i o n , w h i l e o n t h e j o b , o r w h e n r e p o r t i n g f o r d u t y . E m p l o yees shall authorize the City’s medical provider and laboratory to take sa mples for screening and to release the results of the screening to the City.
2 2 . 4 . 1 A n e m p l o y e e w h o r e f u s e s a n o r d e r t o s u b m i t t o a d r u g and/or a l c o h o l s c r e e n i n g , o r t o a u t h o r i z e t h e t a k i n g o f a s a m p l e , o r to authorize the release of the results of the screening to the Ci ty, or engages in conduct that clearly obstructs the testing process s hall be subject to disciplinary action, up to and including dismissal.
20 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 Tran sportation, Part 40 (Procedures for Transportation Workplace Drug and Alcoh ol Testing Programs).
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.
2 2 . 6 A n e m p l o y e e w h o h a s h a d a p o s i t i v e r e s u l t f r o m a d r u g s c r eening, 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 neg ative result for controlled substances. An employee who has had a positive resu lt 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 s creening results will be retain ed with medical examination results in a separate location in complianc e with the Confidentiality of Medic al Information Act, California Civil Code section 56, et seq.
22.7.2 The reports or test results may be disclosed to City Ma nagement on a s t r i c t l y n e e d - t o - k n o w b a s i s a n d t o t h e t e s t e d e m p l o y e e u p o n request.
22.7.3 Disclosures, without patient consent, may also occur whe n 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 21 (4) Is needed by medical personnel for the diagnosis or treatm ent of a patient who is unable to authorize disclosure.
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 his/her 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 con tract out is made; and
24.1.2 UNION will have an opport unity to comment prior to a determination by ANAHEIM to enter into contracting arrangements.
ARTICLE 25 - PREVAILING RATES FOR SUBCONTRACTORS
25.1 In the event ANAHEIM decides to contract out to a private employer any of the work of the classifications here i n c o v e re d fo r e v en t s , i t i s a gre e d t hat s u c h c o n t r a c t i n g o f s a i d w o r k s h a l l b e m a d e b y A N A H E I M o n l y t o c o n t ractors or employers whose employees are paid the prevailing rates of pay and all other applicable benefits which are provided for in this MOU for empl oyees in the specified classifications. This ARTICLE shall remain in effect through midnight September 30, 1996.
ARTICLE 256 - NO STRIKE
256.1 During the term of this MOU, the UNION agrees that neither t he UNION or its officers, agents, or members will directly or indirectly cause, sanction, permit, 22 support, or engage in any strikes, slowdowns, walkouts, stoppages of work, or other concerted interference with ANAHEIM’s business or operations.
256.2 The UNION and its officers or officials shall take every rea sonable, prompt, and p o s i t i v e m e a s u r e w i t h i n t h e i r p o w e r t o p r e v e n t a n d s t o p a n y u n authorized strike, slowdown, walkout, or stoppage of work.
ARTICLE 267 - SAVINGS CLAUSE
267.1 The Resolution of ANAHEIM shall provide that if any provisio n of this MOU or the Resolution is at any time, or in any way held to be contrar y to the law by any court of proper jurisdiction, the remainder of this MOU and the remainder of the Resolution shall not be affected thereby, and shall rema in in full force and effect.
ARTICLE 278 - DURATION
278.1 The terms of this MOU are to remain in full force and effect until and including January 1December 19, 20234. Upon adoption of a Resolution approving the terms and conditions of this MOU by the City Council of the Cit y of Anaheim, this MOU shall be in full force and effect.
STAFF OFFICIALS OF THE CITY OF ANAHEIM,
A Municipal Corporation
TEAMSTERS, Local No. 952, affiliated with
the International Brotherhood of Teamsters
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
23 _____________________________________
Date
____________________________________
Date
24 APPENDIX “A” WAGES
SPECIAL PROVISIONS
1. Effective the first pay period following City Council adoption of this 2019-2023 MOU, ANAHEIM shall provide each active bargaining unit member w ho is on payroll as of the first day of the pay period following City Co uncil adoption of this MOU a one-time, lump sum payment based on total hours worked between the first pay period in calendar year 2019 and the pay period t hat includes N o v e m b e r 2 5 , 2 0 2 1 . T h e t o t a l a m o u n t o f t h i s p r o v i s i o n s h a l l n o t exceed $20,530.
The following table provides the payment schedule:
Total Hours Worked Between
12/14/2018 – 11/25/2021 Lump Sum Amount
1-249 $85
250 - 499 $110
500 -749 $135
750 - 999 $160
1,000 -1,249 $185
1,250 - 1,499 $210
1,500 - 1,749 $235
1,750 - 1,999 $260
2,000 - 2,249 $285
2,250 - 2,499 $310
2,500 - 2,749 $335
2,750 - 2,999 $360
3,000 - 3,249 $385
3,250 - 3,499 $410
3,500 - 3,749 $435
3,750 - 3,999 $460
4,000 - 4,249 $485
4,250 - 4,499 $510
4,500 - 4,749 $535
4,750 - 4,999 $560
5,000 - 5,249 $585
5,250 - 5,499 $610
The parties agree that this lump sum payment is not compensatio n earnable and will not be reported to CalPE RS as it is provided in the sa me year as a salary increase.
25 1. Effective the first day of the pay period following City Counci l adoption of this MOU, after the provision of the lump sum, ANAHEIM shall provide a base salary increase as listed in Appendix “A-1” and “A-2”.
2. Effective January 5, 2024, ANAHEIM shall provide a base rate 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 classificat ions 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 Offic er 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) y e a r s o f t h e t e r m i n a t i o n d a t e w ithout re-qualifying for employm ent by competitive process.
A PT Security Officer or PT Lead Security Officer reinstated wi thin 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 th e employee’s record of step hours worked for the purpose of merit pay increases.
A PT Security Officer or PT Lead Security Officer reinstated af ter 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.
3.4. 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 Secur ity 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 s eq. and any similar or relate d Federal, 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. Final ly, the parties agree to meet and confer over the effects in the event that a change in the law 26 extends any such benefits and protections applying to Peace Off icers to those serving in the Security Officer classification.
4. The City agrees to amend the class specification of Head Parking Lot Cashier to the title Parking Operations Lead.
27 APPENDIX “A-1” WAGES
PARKING LOT EMPLOYEES
12/24/2021 through 01/01/2023*
Classification Step 9 Step 10 Step 11
Parking Lot Attendant
$15.00 $15.50 $16.00
Parking Lot Cashier
$16.10 $16.60 $17.10
Parking Lot Captain
$17.20 $17.70 $18.20
Parking Operations Lead $21.06 $21.88 N/A
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
28 * Note: At any time during this contract, if any steps fall be low the California State minimum wage, such rates shall be automatically reset equ al to the new state minimum wage.
29 APPENDIX “A-2” WAGES
SECURITY OFFICERS
12/24/2021 through 01/01/2023
Classification Step 8 Step 9
Part Time Lead Security Officer
$22.95 $24.10
Part Time Security Officer $19.95 $20.95
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 be low the California State minimum wage, such rates shall be automatically reset equ al to the new state minimum wage.
30 APPENDIX “A-2” WagesSALARY RELATIONSHIP
SECURITY OFFICERS
1. ANAHEIM AND UNION agree that wages for security officer classif ications 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 Off icer 31 APPENDIX “B”
DEFINED CONTRIBUTION RETIREMENT PLAN
1. ANAHEIM and the UNION agree that ANAHEIM shall adopt a 457 p lan as the vehicle for a permitted defined contribution retirement plan fo r 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 mand atory 457 program.
4. ANAHEIM and the UNION agree that ANAHEIM shall select a sing le financial institution as the depository for the Parking Lot Employees Retirement Account, and that all employee contributions to this mandatory program w ill be separately accounted for.
5. ANAHEIM and the UNION agree t hat employee contributions will continue during the life of this MOU.
6. ANAHEIM and the UNION agree that employees will be fully ves ted in the benefit at the time of initial contributions.
7. ANAHEIM and the UNION agree that employees will not be remov ed from the plan, except at such time as the employee is formally removed f rom the City payroll.
8. ANAHEIM agrees to develop and adopt such amendments to the 4 57 plan that are necessary to ensure compliance with Internal Revenue Servic e regulations and rulings at such time as they are issued.
9. Either ANAHEIM or UNION may, at its sole discretion, termina te 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.
32 APPENDIX “C”
UNION ACTIV