50A - ORDINANCE - WASTE DISPOSAL

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(j) "Waste Disposal Services" shall mean the collection, transfer, transport, recycling, processing and/or disposal of residential, and commercial, industrial solid waste and solid waste generated at temporary construction and demolition sites under contract to the City through a franchise or other exclusive or non-exclusive agreement. (k) "Waste Services Provider" shall mean any entity identified in Section 16- 40 of this Article and any subcontractor of such an entity providing Waste Disposal Services. Section 3. Section 16-41 is added to Chapter 16 of the Santa Ana Municipal Code to read in full as follows: Sec. 16-41. Employee Retention/Preferential Hiring/Wage Maintenance (a) Within ten (10) days of the execution of a Transfer Document, an Incumbent Operator shall provide to the New Operator and the Executive Director of Public Works a list of all of the employees of the Incumbent Operator of a Waste Services Provider, including each employee's name, last know address, date of hire and job classification at the time of the transfer. The New Operator shall offer employment at an Establishment to all Qualified Displaced Workers. (b) All New Operator work hours performed by a Waste Services Provider must be performed, to the extent feasible, by Qualified Displaced Workers. Nothing herein shall be construed as requiring the New Operator to create additional positions that the New Operator does not need. However, prior to reducing the amount of work hours or positions utilized to perform waste disposal services at an Establishment, a New Operator must obtain written approval from the Executive Director of Public Works. (c) A New Operator shall not discharge any Qualified Displaced Worker, except for cause, for at least one-hundred-eighty (180) days from the effective date of a Transfer Document, or the date on which the New Operator actually begins operating the Waste Services Provider, whichever is later. (d) At the end of such 180-day period, the New Operator (or subcontractor, where applicable) shall perform a written performance evaluation for each employee retained pursuant to this ordinance. If the employee's performance during such 180-day period is satisfactory, the New Operator (or subcontractor) shall offer the employee continued employment. (e) In the event that, during the one-hundred-eighty (180) day transition period described in Section 16-42 above, the New Operator determines that fewer positions are needed to deliver and maintain the contracted service, the New Operator shall retain Qualified Displaced Workers by seniority. Seniority shall be determined by reference to the collective bargaining agreement covering the Ordinance No. NS-XXX 5OA-4 Page 3 of 6