HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) - PART-TIME CIVIL SERVICE (2017-2018)MIU,ANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
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(J.)
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA ANA
AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
PART TIME CIVIL SERVICE EMPLOYEE
REPRESENTATION UNIT
JULY 1, 2017 -- DECEMBER 31, 2018
A-2017-356
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721
FOR FISCAL YEARS 2017-18 THROUGH 2018-19
PART TIME CIVIL SERVICE EMPLOYEE REPRESENTATION UNIT
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
ARTICLE I
RECOGNITION
4
ARTICLE II
NON-DISCRIMINATION CLAUSE
5
ARTICLE III
ATTENDANCE, HOUR LIMITS, AND NUMBER OF
EMPLOYEES
6
ARTICLE IV
SALARIES
7
ARTICLE V
ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
12
ARTICLE VI
OVERTIME
17
ARTICLE VII
RESERVED
20
ARTICLE VIII
HOLIDAYS
21
ARTICLE IX
VACATION
23
ARTICLE X
OTHER LEAVES OF ABSENCE
24
ARTICLE XI
EMPLOYEE INSURANCE
31.
ARTICLE XII
RETIREMENT
32
ARTICLE XIII
TOOL REIMBURSEMENT POLICY
35
ARTICLE XIV
UNIFORM MAINTENANCE
36
ARTICLE XV.
SAFETY
37
ARTICLEXVI
RESERVED
38
ARTICLE XVII
GRIEVANCE REVIEW PROCEDURE
39
ARTICLE XVIII
UNION RIGHTS
41
ARTICLE XIX
DUES DEDUCTION & INDEMNIFICATION
45
ARTICLE XX
CITY RIGHTS
47
ARTICLE XXI
STRIKES & WORK STOPPAGES
49
ARTICLE XXII
LAYOFFS
50
ARTICLE XXM
MISCELLANEOUS PROVISIONS
52
ARTICLE XXIV
SOLE & ENTIRE AGREEMENT
57
ARTICLE XXV
WAIVER OF BARGAINING DURING THE TERM
OF THIS AGREEMENT
58
ARTICLE XXVI
EMERGENCY WAIVER PROVISION
59
ARTICLEXXVII
SEPARABILITY PROVISION
60
ARTICLE XXVIII
TERM OF AGREEMENT
61
ARTICLE XXIX
RATIFICATION & EXECUTION
62
EXHIBIT A
LIST OF PART TIME CLASSIFICATIONS REPRESENTED
64
BY SEN
EXHIBIT B
RESOLUTION NO, 81-75
65
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code
Section 3500, et sea., the City of Santa Ana (hereinafter called the "City") has
recognized the Santa Ana City Employees Chapter 1939/Service Employees
International Union Local 721 (hereinafter. called the "Union") as the recognized
representative of the bargaining unit which includes Part Time Civil Service
personnel employed by the City of Santa Ana in classifications listed in
Exhibit "A".
1.2 During the term of this Agreement, no substantive issue of representation shall be
raised contrary to this recognition except as provided in Resolution No. 81-75, the
Employer -Employee Relations Resolution of the City of Santa Ana.
ARTICLE II
2.0 NON-DISCRIMINATION CLAUSE
The City and the Union agree that they shall not discriminate against any
employee because of political affiliation, union activities, union membership, race,
color, sex, age, national origin or alienage, sexual orientation, political or religious
opinions or affiliations, religious creed, ancestry, physical disability, medical
condition, genetic information, marital status, gender, gender identity, gender
expression, military or veteran status, and other protected classifications as
defined by the California Pair Employment and Rousing Act (FEHA).
The City and the Union shall reopen any provision of this MOU for the purpose
of complying with any order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of
this MOU in compliance with State or Federal anti -discrimination laws.
5
ARTICLE III
3.0 ATTENDANCE, HOUR LIMITS, AND NUMBER OF EMPLOYEES
3.1 Attendance. Employees covered by this Agreement shall be in attendance at their
work during hours prescribed by the Executive Director or his/her designee(s) and
shall not absent themselves without approval of the Executive Director or his/her
designee(s),
3.2 )=lour Limits. Persons appointed to a Part Time Civil Service position work an
average of 20-39 hours per week.
NOTE: Pay periods for Part Time Civil Service employees run from the 11th of the
month, through the 25th of the same month, and from the 26th of the montli
through the 10th of the following month.
3.3 Number of Employees The number of Part Time Civil Service positions during
the term of this Agreement shall not exceed:
o Fifteen (15) in the Library Department
o Ten (10) in the Parks, Recreation, and Community Services Department
o Twelve (12) in all other departments
Should an adjustment to these numbers be requested by either party during the
term of this Agreement, the parties agree to meet and confer regarding this matter.
3.4 Hourly Conversion Whenever reference is made to a required number of days;
months, or years for Full Time Civil Service employees in this Article, an
equivalent number of hours shall be substituted to satisfy an equivalent
requirement for Part Time Civil Service employees as defined in Section 3.2 of this
Agreement.
ARTICLE IV
4.0 SALARIES
4.1 Basic Compensation Plan. There is hereby established a basic compensation plan
for all Part Time Civil Service personnel who are now employed or will in the
future be employed in any of the designated classifications of employment
represented by the Union as listed in this Agreement and its attachments,
4.2 Salary Schedule. The basic salary schedule will provide numerous salary rate
ranges, each comprised of six (6) steps or rates of pay.
The respective rate ranges are identified by a three digit number. The steps within
each range are identified by the letters "AA" through "E" inclusive, with Step
"AA" being the lowest step in the range. For Part Time Civil Service employes,
the purpose of each step and length of service required for advancement to the
next step within a particular salary rate range is summarized as follows:
AA Step — Normal beginning pay rate.
A Step — After 1040 hours in next lower step. Also optional hiring rate.
B Step — After 2080 hours in next lower step. Also optional hiring rate.
C Step — After 2080 hours in next lower step. Also optional hiring rate.
D Step — After 2080 hours in next lower step. Is maximum hiring rate,
E Step — Merit rate. After 3120 hours in next lower step.
Specific regulations governing advancement within salary rate ranges for Part
Time Civil Service employees are set forth in Section 4.8 of this Agreement.
4.3 Salaries.
Effective September 1, 2017 the base salary of all employees covered by this MOU
shall be increased by 2.25%.
Employees whose classifications are deemed to be below the market average based
on the 2017 compensation study prepared by the consultant firm, shall receive up
to 3% base salary increase effective September 1, 2017, above the 2.25% base salary
increase mentioned above. Such increase shall not exceed the amount necessary
to bring the classifications compensation to the market average.
A. During the term of this MOU, should any other employee bargaining unit of
the City receive any base salary rate increase that exceeds those set forth in
Subsection "A" above, SEN Part -Time Civil Service employees shall receive
the same base salary increase or equivalent as applied to the salary matrix
(where applicable) retroactive to the date such increase went into effect for the
other bargaining unit.
B. The assignment of classes to salary rate ranges is listed in the City's salary
schedule, as periodically updated and published by the City..
4.4 Application of Basic Compensation PlanThe salary rate ranges contained in
Section 4.2 and the City's salary schedule, as periodically updated and published
by the City, are monthly salary rate ranges. However, all employees working in
classifications of employment covered by this Agreement shall be compensated at
an hourly rate. The regular rate of pay shall be computed as provided for by the
Pair Labor Standards Act (FLSA).
Any hourly rate of pay, defined as the regular hourly rate of pay, shall be
computed by dividing the monthly salary rate by 173.33. In determining the
hourly rate as herein provided, computation shall be made to the nearest whole
cent and a computation resulting in an even one-half cent shall fix the rate at the
next higher whole cent.
4.5 Probation. The probationary period shall be the hourly equivalent of one (1) year
(2080 hours) from the date of appointment.from an open eligible list (new hire) or
a reappointment eligible list (rehire) and the hourly equivalent of six (6) months
(1040 hours) from the date of appointment from a promotional eligible list.
4.6 Beginning; Rates A new employee of the City of Santa Ana shall be paid the rate
shown as Step "AA" in the salary rate range allocated to the class of employment
for which he or she has been hired. In special instances where such new employee
possesses unique and exceptional educational training and/or experience
qualifications, the Executive Director, under whom the employee will serve, may
submit a written request and justification to the City Manager for authorization to
place such new employee on Step "A," "B;' "C," or "D" within the allocated salary
rate range, provided that such employee shall be assigned such salary step upon
the commencement of his or her service. in the classification of employment to
which the salary rate range applies and such assignment having once been made
shall remain in effect until the said employee shall be entitled to advance to the
next salary step in accordance with the further provisions of this Article.
-4.7 Service. The word "service" as used in this Agreement shall be deemed to mean
continuous, full time service or an equivalent number of hours (one (1) year = 2080
hours; six months =1040 hours) in the classification in which the employee is being
considered for salary advancement, service in a higher classification or service in
a classification allocated to the same salary rate range and having generally similar
duties and requirements, Employees hired after the first (1st) working day of the
month shall not be credited with "time in service' for that month when
determining the length of service required for salary step advancement. A lapse of
service by an employee for a period of time longer than thirty (30) calendar days
by reason of resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such employee for the purposes of this
Agreement, and such employee reentering the service of the City shall be
considered as a new employee, except when he or she is being or will be
reappointed within one (1) year and placed in the same salary step in the
appropriate salary rate as he or she was at the time of termination of employment.
"Resignation, quit, or discharge" for purposes of this section shall mean separating
from Part Time Civil Service City position in an unrelated classification outside
the career Iadder.
4.8 Advancement within Ranges.
A. Length of Service Advancements. After the salary of an employee has been first
established and fixed under this plan, such employee shall be advanced from
Step "AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C;'
or from Step "C" to Step "D," whichever is the next higher step to that on which
the employee has been previously paid, effective the first day of the month
following the date of completion of the length of service required for such
advancement as provided in Section 4.� and the City's salary schedule, as
periodically updated and published by the City,
B, Merit Advances. An employee shall be considered for advancement from Step
"D" to Step "E upon the completion of the required length of service as
provided in Section 4.2 and .the City's salary schedule, as periodically updated
and published by the City; the effective date of such merit increase, if granted,
shall be on the first (1st) day of the month following, the completion of such
required Iength of service. Advancement to Step "E" may be granted only for
continued meritorious and efficient service and continued improvementby the,
employee in the effective performance of the duties of his or her position. Such
merit advancement shall require the following:,
1. There shall be on file in the office of the Executive Director of Personnel
Services a copy of each periodic performance appraisal report required to
be made on the employee by the Civil Service Rules and Regulations and/or
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the City Manager during the period of service time of such employee
subsequent to his or her last salary advancement.
2. The Executive Director, at least twenty (20) calendar days prior to the
anticipated completion of such employee's required length of service, shall
file with the City Manager a statement recommending the granting or
denial of the merit increase and supporting such a recommendation with
specific reasons therefore. The employee shall be notified by the Executive
Director as to such recommendations and of the reasons therefore.
3. No advancement in salary above Step "D". shall become effective until
approved by the City Manager, except when placement on a salary step
above Step "D" results from promotion under the provisions of Section 4.10
of this Article.
C. Length of Service Required When Advancement Denied When an employee
has not been approved for advancement to merit Step "E;' he or she may be
reconsidered. for such advancement after the completion of 520 hours of
additional service and shall be reconsidered for such advancement after the
completion of 1040 hours of additional service. This reconsideration shall
follow the same steps and shall be subject to the same actions as provided in
subparagraph $ of this section.
4.9 Reduction in Salary Steps Any employee who is being paid at merit Step "E" may
be reduced to Step 'D" of the appropriate salary range, upon the recommendation
of the Executive Director, and the approval of the City Manager. Procedure for
such reduction shall follow the same procedure as outlined for merit
advancements in Section 4.8 above, and such employee may be considered for
readvancement under the same provisions as contained in Subsection C of Section
4.8 above.
4.10 Promotional Salary Advancement When an employee is promoted to a position
in a higher classification from a position in a lower classification in the same
occupational career ladder, he or she shall be reassigned to Step "AA" in, the
appropriate salary rate range for the higher classification; provided, however, that
if the base salary step currently being paid such employee is already equal to or
higher than said Step "AA," he or she will be placed in the lowest"step in the
appropriate salary rate range as will grant that employee a minimum increase of
one (1) salary step (approximately 5%) over his or her current base salary step,
inclusive of lead pay, and exclusive of any other assignment or special pay
additive or additives such as bilingual pay, shift differential, special sIdlI pay or
10
the like, except when placement at "E" step will not be sufficient to provide a one
(1) salary step (approximately 5%) increase.
4.11 Demotion. When an employee is demoted to a position in a lower classification,
his or her salary rate shall be fixed in the appropriate salary rate range for the
lower classification in accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step (approximately 5%).
B. The new salary rate must be within the appropriate salary rate range.
C. The new salary rate shall not be higher than the salary step to which the
employee would have been entitled had his or her service time in the higher
classification been spent in the lower classification,
D. If the salary rate recommended by the Executive Director is lower than the
maximum step permissible under Subsection C above, such recommendation
shall be considered a reduction in pay in addition to the demotion and shall be
_handled in accordance with the provisions for salary reductions (Section 4.9,
above).
4.12 Reallocation of Salary Rate Ranges, Any employee who is employed in a
classification which is reallocated to a different salary rate range from that
previously assigned shall be retained in the same salary step in the new salary rate
range as he or she had previously held in the prior rate range and shall retain credit
for length of service in such step towards advancement to the next higher step.
11
ARTICLE V
5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES
5.1 Assignment Pay Differential
Any full time SEN bargaining unit member(s) receiving assignment pay
differential who moves into the SEN PT CS bargaining unit during the term of
this Agreement will continue to receive assignment pay differential if that
member(s) continue performing the job duties for which the assignment pay
differential was originally given.
5.2 Lead Pay. An incumbent who is regularly and continuously assigned to lead a
functional unit which includes two (2) or more Part Time Civil Service positions
in the same or lower classifications as the incumbent may be compensated at a rate
of ten (10) salary rate ranges (approximately 5%) for said duties upon mutual
agreement of the City and SEN and approval of the Executive Director of the
affected department and the Executive Director of Personnel Services. This
compensation shall be referred to as "lead pay."
5.3 Bilingual P, ay, An employee who is assigned by an Executive Director or his or her
designee to a position requiring bilingual capability in both English and any
languages designated by the Orange County Registrar of Voters as necessary for
official voting information and/or the federal Voting Rights Act, shall be paid a
monthly assignment pay differential in accordance with the criteria and amounts
set forth below:
A. Certification by the Executive Director of Personnel Services as having
satisfactorily demonstrated' conversational fluency in both languages for any
position requiring bilingual capacity.
B. Positions where it has been determined by the Executive Director of the
affected department that bilingual proficiency is essential to carry out duties
and responsibilities of a critical and/or emergency nature without ready access
to backup assistance, or positions where bilingual public contact is a major,
essential or integral element of the work being performed, shall be designated
as Primary Bilingual Assignments. A qualified incumbent of such position
shall be paid a prorated amount based on $175 per 173.33 hours above his or
her then current base hourly salary step.
12
C. Positions where it*has been determined by an Executive Director that regular
and frequent bilingual usage is necessary to the performance of duties, but not
a major,essential or integral element of the work, shall be designated as
Secondary Bilingual Assignments. A qualified incumbent of such position shall
be paid a prorated amount based on $40 per 173.33 hours above his or her base
hourly salary step for each full month of such assignment.
D. The number of such Primary and/or Secondary Bilingual Assignments shall be
no larger than the requirements of the department as determined by the
Executive Director and the City Manager.
E. There shall be periodic recertification of such bilingual capability.
5.4 Shift Differential.
A. Generally_. An employee in a class represented by the Union who is
continuously and regularly assigned to a schedule of work which requires that
he or she actually work a minimum of four and one-half (41/x) hours between
the hours of 5:00 P.M. and 7:00 A.M., shall be paid a shift differential for his or
her entire work,@hift at a rate set ten (10) salary rate ranges (approximately 5%)
higher than his or her then current base monthly salary step; except, however,
such shift pay differential shall not be, applicable to employees in the
classification of Park Ranger and Supervising Park Ranger.
B. Early Morning Street Crews. A Street Maintenance employee who is assigned
to traffic painting or downtown cleanup crews who is continuously and
regularly assigned to a schedule of work which requires that he or she actually
work at least fifty percent (50%) of his or her normal daily work shift between
the hours of 1:00 A.M. and 7:00 A.M., shall be paid a shift differential for his or
her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%)
higher than his or her then current base monthly salary step.
C. Standby Pay. Employees who are released from active duty but who are
required by their department to leave notice where they can be reached and be
available to return to active duty when required by the department at any time
other than their regularly scheduled working hours, shall be said to be on
standby duty.. Such employees shall receive two hundred dollars ($200) per
week when assigned to be on standby duty.
Water Production staff shall be required to serve on standby duty and
receive standby pay as defined above. The City's preference shall be to
13
U
accomplish the above through volunteers; however, qualified employees
maybe directed to be on standby if the number of volunteers is insufficient.
In addition to the $200 per week standby pay, if an employee is able to
handle the incident by phone or other electronic means without reporting
to duty, he shall be entitled to overtime pay at the rate of 15 minutes or
actual time spent per incident whichever is greater, paid at time and one-
half (11h) per incident,
5.5 TernpOrary Upgrade Assignment Pay In order tro provide an equitable method of
compensating employees who are assigned temporarily to a vacant, full-time,
budgeted, higher-level position the following shall apply:
A. General Guidelines.
1. Temporary Upgrade Assignments shall be limited to the temporary filling
of vacant, full-time, budgeted positions due to the termination, promotion
or authorized long-term absence of the incumbent. A temporarily vacant
position need not be a position without an incumbent.
2. Each such assignment may be terminated at any time, but in no event shall
such assignment continue beyond one hundred eighty (180) days of such
assignment.
3. Prior to recommending to the City Manager that a pay differential for a
Temporary Upgrade ,Assignment be granted, the Executive Director shall
make the following determinations:
a. The duties and responsibilities of the position to be filled are of such
nature that they cannot remain unassigned pending the return to duty
of the absent hlcumbent or preparation of an eligible list whichever is
applicable.
b. It is not practical to assign the duties of the vacant position to any other
emplgyee or employees in the same or higher classification.
4. The City Manager or his designee must give written approval of all
Temporary Upgrade Assignments involving an increase in pay for the
appointee.
14
B. Eligibility.
1. With the exception of those described in paragraph 3 below, regular, Part
Time Civil Service employees shall receive Temporary Upgrade
Assignment Pay only upon approval by the City Manager and if the
following criteria are met:
a. The work assumed encompasses the majority of the typical duties and
responsibilities of the vacated position.
b, Employees must serve ten (10) consecutively scheduled working days
of six (6) hours in an acting capacity to qualify for assignment pay.
c. Normally granted holidays will be included in computing actual duty
days.
2. Whenever practicable, the appointing authority shall rotate Temporary
Upgrade Assignments among all qualified employees.
3. Employees in the following categories shall not be assigned to Temporary
Upgrade work unless specifically authorized by the City Manager:
a. Non -permanent employees (Probationary, Part-time, Seasonal, etc.).
b, Employees performing work above their regular class in a training
capacity.
d. Part Time Civil Service employees.
C. Payment.
1. On the eleventh (11th) consecutively scheduled working day an employee
has been serving in a Temporary Upgrade Assignment, and for each
additional consecutively scheduled working day the employee so serves,
he or she shall receive the beginning rate (Step "AA") assigned to the higher
classification or the lowest rate in that range which is at least ten (10) salary
rate ranges (5%) higher than the current base salary rate he or she normally
receives, whichever is greater.
If an employee has worked ten (10) consecutive days during the term of this
Agreement in a higher classification, the employee shall thereafter receive
upgrade pay for each day the employee is assigned to work. in the higher
classification during the term of this Agreement. Employees must requalify
15
for an upgrade (Temporary Assignment) if the employee has not worked in
this specific upgrade assignment for a period of 18 consecutive months. The
employee shall only be considered to work in a higher classification if such
work is duly and specifically authorized by the employee's Executive
Director.
2. Special pay differentials, such as shift differential, bilingual pay, special
skill pay,,etc., being paid to an employee prior to becoming eligible for
Temporary Upgrade Assignment Pay, will not be considered in computing
the amount of higher pay to which he or she is entitled in Subparagraph
5.5C above, unless the special circumstances upon which said additive is
based are also applicable to the Temporary'Upgrade Assignment and the
employee otherwise meets the criteria established for such pay differential.
3. Temporary Upgrade Assignments which entail moving an employee into a
classification represented by an employee unit other than that which
represents his or her permanent classification shall not include any change
in fringe benefits for the affected employee.
4. While working in a Temporary Upgrade Assignment, an employee will
continue to accrue, and have recorded, general, special or normal salary
step increases in the employee's permanent position; however, such salary
increases will be paid only to maintain the minimum five percent (5%)
differential above the salary to which an employee is entitled in his or her
permanent position.
5.6 Assignments — Discretion All assignments of personnel to positions set forth in
Sections 5.1 through 5,5 above shall be made or revoked at the discretion of the
City Manager.
5.7 Reserved.
5.8 Career Development Incentives. Any full time SEIU bargaining unit member(s)
receiving career development incentive pay who moves into the SEN PT CS
bargaining unit during the term of this MOU will continue to receive development
incentive pay if that member(s) continue performing the job duties for which the
development incentive pay was originally given,
16
ARTICLE VI
6.0 OVERTIME
6.1 General Policy for Overtime Work. When it shall be determined to be in the public
interest for employees to perform overtime work, or in an emergency situation,
the City Manager, the Department Head, or a duly authorized representative of
the City Manager or the Department Head, may require an employee to perform
overtime work.
6.2 Definition. Overtime work is defined as,
A. That authorized or required time worked in excess of 40 hours per work week.
A workweek is a fixed and regularly recurring period of 168 consecutive
hours — 7 consecutive 24-hour periods — as designated by the appointing
authority, An employee's work schedule within the workweek shall not be
changed to avoid payment of overtime; provided, however, nothing shall
abridge management's right to establish and change work schedules and
assignments in accordance with the rights of management contained in
Article XX, City Rights, infra.
B. Work on any regularly scheduled non -work day of which there shall be two
(2) per week, if work on,any regularly scheduled non -work day is worked at
management's direction.
6.3 Computation of Forty (40) Hour Workweek. In computing the forty (40) hour
workweek, the following type of work hours shall be included in the computation:
actual work time, jury/witness leave and bereavement leave. Any combination of
these work hours in excess of forty (40) hours per week shall entitle the employee
to overtime compensation.
However, paid time off for vacation leave, sick leave, holiday leave, compensatory
time off, Union President's Leave,and Union Business Leave shall not be credited
towards the forty (40) hour workweek, unless the employee is required to work
by management.
6.4 Compensation for Overtime.
A. The preferable method by which overtime shall be compensated is 'by
monetary payment, at one and one-half (IV2) times the employee's regular rate
of pay, subject to the provisions of Subsection "C" below.
17
B. Should the Department Head determine that the best interests of the City will
be served thereby, his or her designee may permit an employee to be
compensated for overtime work by taking paid compensatory time off at the
rate of one and one-half (11/x) tines the employee's regular base rate of pay.
C. Employees shall have the option to convert a maximum of eighty (80) hours of
time and one-half (11/2) paid overtime (in compensation for 531/3 overtime hours
worked) to time and one-half (11/2) compensatory time off benefits. Such
compensatory time off, shall be taken at the discretion of the employee subject
to the operational needs and staffing requirements of the department.
D. Time off with pay to compensate for overtime worked may be accumulated to
a maximum of eighty (80) hours.
E. Because each hour of overtime worked is programmatically accrued on a time
and one-half (11/2) basis, compensatory time off will be taken, and monetary
payment will be paid, on a straight -time basis. Also, upon termination, any
earned, unused compensatory time off ("time -on -the -books') will be paid on a
straight -time basis.
R Time off with pay to compensate for overtime worked may be taken in
increments as small as a half (1h) hour.
G. If compensatory time off is used in excess of that available, such excess
compensatory time off will be deducted from the next scheduled wage or
salary payment..
H. Time off with pay as compensation for overtime may not be granted or taken
in advance of the overtime work for which the time off compensates. Before
compensatory time off with pay may be taken, as herein provided, the
overtime worked must have been recorded on official payroll records at or
about the time the overtime work was performed. In the absence of such
recording, no compensatory time off with pay will be permitted.
I. Upon an employee's appointment to a position in which overtime may not be
earned or upon an employee's separation from employment with the City by
resignation, retirement, layoff or otherwise, he or she shall forthwith be
compensated for any overtime accumulated to the time immediately preceding
such promotion or separation.
ID
6.5 No Effect on Other Benefits. Overtime work shall not apply to the earning of
employee benefits (retirement, vacation, and sick leave accrual), toward the
completion of probationary period or to progression within a salary rate range.
6.6 Overtime Work to be Minimized To the extent that he or she is reasonably able to
do so, the Department Head or his or her designee shall arrange work programs
to minimize overtime work. Necessary overtime work shall be apportioned among
employees of like classification and assignment.
6.7 Call -Back Duty. Any employee covered by this Agreement who is recalled to
active duty from off-duty, shall be entitled to overtime pay at the rate of one and
one-half (11/z) times the normal hourly pay rate for such employee for time actually
worked' after reporting to the place of duty, or three (3) hours pay at the normal
rate of pay, whichever is greater.
6.8 Declaration of State of EmergencyUpon the occurrence of fire, flood, earthquake,
stril<e, riot or other catastrophe or emergency which directly affects City
operations or the welfare of the City's citizens, the City Manager may declare a
state of emergency to exist. Upon the declaration of a state of emergency, the City
Manager may require any or all Part Time Civil Service employees of the City to
work overtime or off -shift as he or she shall determine to protect life and property
within the City.
6.9 Applicability of Fair Labor Standards Act. The parties agree that if the applicability
of the Fair Labor Standards Act to local governmental entities is eliminated'by
either legislative or judicial action, they shall meet and confer regarding any
proposed changes to this Agreement; however, no such changes shall be made
except on mutual agreement,
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ARTICLE VII
[RESERVED]
20
ARTICLE VIII
8.0 HOLIDAYS
8.1 Legal holidays observed by Part Time Civil Service permanent and probationary
employees of the City of Santa Ana are as follows:
o January 1 — New Year's Day.
o Third (3rd) Monday in January — In observance of Martin Luther King, Jr.'s
Birthday.
o Third (3rd) Monday in February — In observance of Presidents' Day.
o Last Monday in May — In commemoration of Memorial Day.
o July 4th — In observance of Independence Day.
o First (1st) Monday in September — In observance of Labor Day.
o November 11th — In observance of Veteran's Day.
o Fourth (4th) 'Thursday in November — In observance of Thanksgiving Day,
o The Friday immediately following Thanksgiving Day.
o Last working day before Christmas Day, unless Christmas Day falls on
Thursday, in which instance, the day following Christmas Day shall be
observed in lieu thereof.
o December 25th — In observance of Christmas Day.
o One (I) Floating Holiday — Any workday selected by the employee with prior
permission of the employee's supervisor.
o Every day proclaimed by the Mayor of the City as a holiday for City employees.
o Any holiday which falls on a Sunday will be observed on the following
Monday.
o Any holiday which falls on a Saturday will be observed on the Friday
preceding the holiday.
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8.2 Each Part Time Civil Service employee shall be entitled to receive pay for six (6)
hours for each of the holidays specified in 8.1 above. This shall equate to a total of
72 hours per calendar year.
8.3 A newly appointed employee must actually work at least one (1) day preceding
the day a holiday listed in Section 81 actually occurs in order to receive credit for
such holiday during the month in which it occurs.
An employee separating from the service of the City must actually work at least
one (1) day following the day a holiday listed in Section 8.1, actually occurs in
order to receive compensation for the holiday.
A newly appointed employee must complete six (6) months of continuous Part
Time Civil Service in order to receive credit for the Floating Holiday listed in
Section 8.1 above.
8.4 Holiday benefits may not be carried over from one (1) calendar year to the next.
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ARTICLE IX
9.0 VACATION
9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to
provide them with a break in their regular work schedule and this purpose will be
used as a guide in the administration of the provisions of fhis .Article.
9.2 Administration.
A. Part Time Civil Service employees shall earn vacation on a monthly basis as set
forth in the following table,
Beginning
Years
Annual Vacation
Accrued
Monthly
Accrual Rate
1
72
6.0
2
72
6.0
3
72
6.0
4
90
7.5
5
90
7.5
6
93
7.75
7
96
8.0)
8
99
8.25
9
102
8.5
10
105
8.75
11
108
9.0
12
111
9.25
13
114
9.5
14
117
9.75
15
120
10.0
16
126
10.5
17
132
11.0
18
138
11.5
19
144
112.0
20
150
1115
B. A Part Time Civil Service employee who has completed less than one year's
service during the calendar year shall receive a proportionate fraction in
accordance with the amount of service to his or her credit during the year,-
provided,
ear;provided, however, no Part Time Civil Service employee shall be entitled to or
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0
receive payment for any vacation until he or she has completed six (6) months
of continuous service.
C. On or after the first (1st) day of the month following completion of six (6)
months of continuous Part Time Civil Service, an employee may be allowed to
take all, or a proportionate fraction of, his or her earned vacation, subject to
scheduling approval of the employee's supervisor,
D. Limit: The maximum total accrual of vacation leave with pay shall be equal to
two years -of earned vacation. Vacation time off may be taken in increments as
small as one-half (1h) hour with fractional usage rounded upward to the next
higher multiple of one-half (u/2),
E. Computation of Regular Vacation
L Should an employee be confined to a hospital for sickness or injury while
on authorized vacation, each full day of such confinement, when confirmed
by a physician's statement and approval of the Executive Director, may be
deducted from the computation of vacation expended and charged against
the employee's accumulated sick leave.
2. The time at which an employee shall take his or her vacation shall be
determnted by the Executive Director, with due regard for the wishes of the
employee.and particular regard for operational needs.
9.3 Excess Usage. If vacation time off is used in excess of that available, such excess
vacation time off will, first, be deducted from any available compensatory time off
accrual; finally, deducted from the next scheduled salary payment.
9.4 Effect of Extended Sick Leave on Vacation Accrual Absence on sick leave or
unpaid leave for a period in excess of fifteen (15) consecutive calendar days shall
not be considered as service time for regular vacation accrual purposes.
9.5 Vacation Buy -Back. Employees covered by this agreement are eligible to.require
the City to buy-back up to thirty six (36) hours of their accrued vacation per
calendar year.
9.6 Impact of Promotion or Transfer In the event a unit employee accepts another City
position outside of the bargaining unit, their length of service in the Part Time
Civil Service' unit will be used in determining eligibility for vacation accrual,
Length of service in the Part Time Civil Service unit will be calculated at .75 per
each year of full time service.
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ARTICLE X
10.0 OTHER LEAVES OF ABSENCE
10.1 Si Leave. When an accepted industrial illness or injury has caused an employee's
absence, for which benefits are required under the State Workers' Compensation
Insurance and Safety Act, paid sick leave at the prorated amount based on hours
worked will be allowed such employee during the first three (3) days of the
statutory waiting period. If the workers' compensation related illness or injury
continues past the initial three (3) consecutive days, the employee will have the
three (3) used sick days recredited to his or her, a_count. Paid sick leave at the
prorated amount will continue until the fourth (0)ay when the City pays the
employee workers' compensation benefits for such illness or injury. If the
employee does not have sufficient accumulated sick leave at the commencement
of such industrial illness or injury, they will be advanced sick leave for this
purpose. Subsequently, the City will deduct an equal amount previously
advanced from any sick leave accrued by the employee until the total amount is
recovered. If the employee terminates before recovery of all advanced sick leave,
the City will deduct the unrecovered cost of sick leave from such terminated
employee's final paycheck, to the extent possible.
The City may authorize employees to use sick leave, vacation, or compensatory
time for approved workers' compensation medical appointments as specified
herein. The City may authorize use of such leave for City approved medical
appointments whenever such appointments cannot be secured outside the
employee's regular workday, and salary continuation or workers' compensation
benefits are not available.
A. Definition. Except as otherwise provided below, sick leave shall be deemed to
mean absence from duty of an employee because of illness, injury, medical, or
dental appointment that prevents the employee from performing the duties of
his or her position; and shall be deemed to include time in quarantine resulting
from exposure to a contagious disease. Pursuant to the California Healthy
Workplaces(Healthy Families Act of 2014, sick leave includes diagnosis, care,
and treatment of, or preventative care for an employee or an employee's
qualified family member and specified purposes for an employee who is a j
victim of domestic violence, sexual assault or stalking.
B. Administration. Part Time Civil Service employees shall earn six (6) hours per
month of sick leave, for a total maximum annual accrual of 72 hours per, year.
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C. Authorized Only When Necessary. Sick leave is not a right which an employee
may use at his or her discretion, but shall be allowed only in cases of actual
sickness and disability, or necessity, as authorized in Subsection J below.
D. Limit. The total maximum accrual of sick leave with pay shall be four hundred
(400) hours, Sick leave usage of less than a full day shall be charged in
minimum increments of one-half (1h) hour, with fractional usage rounded
upward to the next higher multiple of one-half (1/2),
E. Extended. The City Manager may grant leave up to six (6) months without pay
to an employee who has exhausted all of his or her accrued sick leave if a
licensed physician designated by the City Manager indicates that the employee
will be sufficiently recovered to return to his or her employment within a six
(6) month period. Prior to the expiration of the additional time, the employee
may return to his or her position provided that the employee has a certificate
from one of the above mentioned physicians stating that the employee is able
to perform all the duties of his or her position without qualification. In addition
to the above, the City Manager may grant a further extension not to exceed a
total of one (1) year without pay.
F. Extension by Use of Accrued Compensatory Time Off. After an employee's sick
leave has been exhausted, he or she may be granted permission to use any
unused compensatory time off benefits or unused vacation leave.
G. Notice. The employee taking sick leave shall notify his or her immediate
supervisor either prior to or within four (4) hours after the time he or she is
scheduled to report for duty, or as otherwise established by departmental
regulations. When the absence is more than three (3) consecutive working
days, the employee must present to his or her Executive Director a physician's
certificate stating that, in the physician's opinion, the employee could not
report to work because of such illness or injury and that the employee is
sufficiently recovered to safely return to work. Such certificate shall be
transmitted to the Executive Director of Personnel Services with the report of
the employee's return to work.
A physician's certificate or other satisfactory written evidence of actual illness
or injury may be required after an absence of any duration less than three (3)
days.
H. Denial. No employee shall be entitled to sick leave with pay while absent from
duty because of sickness or injury purposely self-inflicted or caused by willful
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misconduct; or, sickness or disability sustained while engaged in employment
other than employment by the City, for monetary gain or other compensation,
or by reason -of engaging in business or activity for monetary gain or other
compensation.
I. Excess Usage. If sick leave is used in excess of that due and available to an
employee, such excess sick leave will first be deducted from any available
compensatory time off benefit; second, deducted from vacation leave; third,
from the next scheduled salary payment.
Necessity Leave. Each employee shall be afforded the opportunity to use up to
36 hours of sick leave per calendar year, on a non -cumulative basis, as personal
necessity leave. Personal necessity leave may be used to attend to an illness of
a family member.
"Family member" means any of the following:
(1) A child, which for purposes of this article means a biological, adopted, or
foster child, stepchild, legal ward, or a child to whom the employee stands in
loco parentis. This definition of a child is applicable regardless of age or
dependency status.
(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an
employee or the employee's spouse or registered domestic partner, or a
person who stood in loco parentis when the employee was a minor child.
(3) A spouse.
(4) A registered domestic partner.
(5) A grandparent.
(6) A grandchild.
(7) A sibling.
Or any member of the employee's household related byblood or marriage; any
other relative of the employee byblood or marriage, where it can be established
by the employee that the employee's presence is required to handle emergency
arrangements and/or other matters.
Necessity leave may also be used: a) to attend to a serious accident to members
of the employee's immediate family; b) childbirth; c) to cope with imminent
danger to the employee's family, home, or other valuable property; d) when
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the existence of external circumstances beyond the employee's control make it
impossible for him or her to report for duty; or e) attend to medical or dental
appointments for members of the employee's household or family member as
defined above.
10.2 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military
leave if he or she furnishes the Executive Director of Personnel Services
satisfactory proof of his or her order to report for duty. Upon return and upon
showing of proof of actual service pursuant to such orders, he or she will be
reinstated as provided by law.
B. Temporary. Members of the reserve forces of the United States, or the National
Guard, granted temporary leave when ordered to duty, will be granted leave
with pay not to exceed thirty, (30) working days in each calendar year after the
hourly equivalent of one (1) year of service with the City upon presenting
satisfactory proof of orders to and from such temporary active duties.
10.3 fury and Witness Leave. When an on -duty employee is called to serve as a juror
or nonparty witness in any court action, he or she shall be allowed to leave for the
time actually required for such service, not to exceed six (6) hours per day, without
loss of pay. Each on -duty employee called for such service shall present to his or
her Executive Director for examination the subpoena calling him or her to such
service and shall pay into the City Treasury the fees collected for such service, with
the exception of reimbursement for transportation expenses, if any.
10.4 Examination Leave. Employees participating in examinations conducted during
their normal working hours for positions in the competitive service of the City of
Santa Ana will be granted leave with pay for the time actually required.
10.5 Unauthorized Absence. Unauthorized absence from duty for any duration of time
may be considered cause for dismissal. Absence from duty without leave for five
(5) consecutive working days shall be deemed a resignation from service;
provided, however, if upon return to duty the person so absenting himself or
herself makes an explanation satisfactory to the Executive Director regarding the
cause of his or her absence, the Executive Director may restore him or her to his or
her position, with the City Manager's approval.
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10.6 Authorized Absence Without Pay — Short Term, Absence without pay not to
exceed five (5) consecutive working days, may be authorized by the Executive
Director. Absence without pay not to exceed fifteen (15) calendar days may be
authorized by the Executive Director with the approval of the City Manager. Such
an absence may be authorized only If in the judgment of the Executive Director it
serves the best interest of the City.
10.7 Authorized Absence Without Pay —Long Term. Upon receipt of a written request
from an employee having permanent status, plus action by the Executive Director
recommending approval of the request, the City Manager may grant a leave of
absence without pay for up to six (6) months,
In addition to the above, the City Manager may grant a further extension not to
exceed a total of one (1) year leave of absence without pay,
An employee returning to duty with the City shall inform the Executive Director
and the Executive Director of Personnel Services of his or her intention at least
thirty (30) calendar days prior to the expiration of the six (6) month period, or
shorter period if the full six (6) months is not taken, Upon receipt of such notice,
the Executive Director will take steps necessary to restore the employee to his or
her former position.
10.8 Pregnancy Disability Leave. A pregnant employee is entitled to a reasonable leave
of absence without pay for any temporary disability resulting from pregnancy,
miscarriage, childbirth or recovery there from. Such reasonable leave of absence
shall not exceed four (4) months. However, an employee may be granted up to an
additional two (2) months of leave, at the discretion of the City Manager, for a total
of up to six (6) months in which to recover from the disability if substantiated by
a physician's certificate.
Employees may take an unpaid leave of absence during pregnancy disability
consistent with the law. As with all other temporary disabilities, a physician's
certificate is required to verify the extent and duration of the temporary disability.
An employee who plans to take a pregnancy leave must give a reasonable notice
(not less than four (4) weeks) before the date she will take the leave and the
estimated duration of the leave. Health and welfare insurance coverage will be
continued only if the employee continues to pay a cash premium to continue
coverage while on a leave of absence without pay,
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10.9 Family Medical Leave Act, The City shall comply with all applicable provisions of
the Family Medical Leave Act (FMLA),
10,10 Bereavement Leave.
A, An employee shall be granted up to three (3) working days' leave of six (6)
hours each without loss of pay in case of death of a member of the employee's
immediate family. Such leave is designated as bereavement leave. "Immediate
family" as used in this section is limited to:
1. Any member of the employees household related by blood or marriage;
2. A parent, parent -in-law, stepparent, spouse, registered domestic partner,
child, stepchild, brother, stepbrother, sister, stepsister, grandparent, or
grandchild of the employee, regardless of residence;
3. Any other relative of the employee by blood or by marriage where it can be
established by the employee that as a result of such relative's death, the
employee's presence is required to handle funeral arrangements and/or
matters of estate.
B. An employee may use up to twelve (12) hours of additional leave charged to
their Personal Necessity Leave balance when authorized by the Executive
Director,
10.11 industrial Leave. Any period of time during which an employee is required to be
absent from his or her position by reason of an industrial injury or industrial illness
for which, he or she is entitled to receive compensation shall not be considered a
break in continuous service for the purpose of his or her right to salary adjustments
or to the accrual of vacation and seniority.
ff
ARTICLE XI
11.0 EMPLOXEE INSURANCE
11.1 Health Insurance. Part Time Civil Service employees shall be eligible to participate,
in the City's insurance programs as outlined below.
A. The City will contribute 75% or depending on the individual employees'
selection of CaIPERS health insurance the entire premium, whichever is less, of
the City contribution allotted to full time SEIU members for health insurance
premium costs for the employee and any dependents.
B. The City will contribute 75% or depending on the individual employees'
selection of dental insurance, the entire premium, whichever is less, of the City
contribution allotted to full time SEIU members for dental insurance premium
costs for the employee and any dependents.
C. An employee who is covered under a spouse's non -city sponsored health plan
and voluntarily waives, in writing, their City paid health insurance coverage
will receive a cash payment each month in an amount equal to 75% of the full
time adjusted monthly premium reimbursement for the City's lowest
"employee only" coverage. Employees must show proof of qualified group
health insurance coverage.
11.2 Long -Term •Disability_(L T.D.) Insurance. The City shall allow employees, for the
term of this Agreement, to participate in any aspect of the Plan offered to"the City
at the City rate. The cost for this benefit shall be borne by the employee.
113 Life Insurance. The City shall allow employees, for the term of this Agreement, to
participate in any aspect of the plan.offered to the City at the City rate. The cost
for this benefit shall be borne by the employee.
11,4 Vision Plan. The City shall offer a non-contributory vision plan through payroll
deduction for employees wishing to participate in such a plan.
11.5 Insurance Committed. When there is a need to discuss matters relating to
employee insurance and the City believes it would be beneficial to involve an
Insurance Committee, the Union shall have an equal number of representatives as
the City on such a committee to meet as necessary.
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ARTICLE XII
12.0 RETIREMENT
12,1 General. The terms of the existing contract between the City and the California
Public Employees' Retirement System (CalPERS) governing City retirement
benefits for affected employees are incorporated by reference herein, Each Part
Time Civil Service employee shall be a member of the CalPERS system, and the
City shall make contributions to CalPERS in accordance with its contract with
CalPERS for affected employees covered by said contract as amended.
12.2 Deferred Retirement. The City will continue to make payments to CalPERS on
behalf of each employee covered by this agreement, in an amount necessary to pay
100% of his or her individual employee retirement contribution which is equal to
eight percent (8%). Such payments shall be credited to the individual employee's
CalPERS account.
Such payments are not increases in base salary and no salary rate range applicable
to any of the employees covered by this Agreement shall be changed or deemed
to have been changed by reason thereof. As a result, the City will not treat these
payments as ordinary income and, thus, will not withhold federal or state income
tax from said payments.
For the purpose of reporting an employee's compensation to CalPERS, the City
shall include these payments as if they were a part of the employee's base salary.
12.3 2,7% at 55 Service Retirement Benefit for Miscellaneous employees, The City
contracts with CalPERS to provide Miscellaneous employees who do not qualify
as "New Members" under PEPRA with the 2.7% at 55 Service Retirement benefit.
The employee contribution rate for Miscellaneous employees who do not qualify
as "New Members" under PFPRA shall be (8%) percent of CalPERS reportable
compensation. All employee contributions for retirement benefits are paid to the
employer portion of the City's CalPERS contribution. This payment shall be paid
in accordance with Government Code section 20516(f).
Pre -Taxable Benefit. To the extent permitted by CalPERS and internal Revenue
Service regulations, the City shall make the above employee deductions pre-tax
contributions.
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12A 2% @ 62 Service Retirement Benefit for "New Member' Miscellaneous employees.
The City agrees to provide Miscellaneous employees covered by this MOU who are
defined as "New Members" within the meaning of the California Public Employees'
Pension Reform Act (PEPRA) of 2013 with the 2% @ 62 Service Retirement benefit.
PEPRA went into effect on January 1, 2013. The parties agree that if there is any
other clean up or other retirement legislation which goes into effect during this
MOU and if there are provisions of that legislation which, by law, automatically
goes into effect, either party may request to negotiate over the legislation,
including over the impact.
Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member.
Employees covered under the 21/o 9 62 retirement formula shall pay one half of the
normal cost rate as established by CalPERS.
Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue
Service regulations, the City shall make the above employee deductions pre-tax
contributions.
12.5 Credit for Unused Sick Leave. An employee covered by this Agreement can have
unused, accumulated sick leave at the time of retirement converted to additional
service credit at the rate of 6.004 years of service credit for each eight (8) hours of
unused sick leave. Alternatively, employees can opt to direct their sick leave
balance into their RHS account per Section 12.7 below.
12.6 Military Service Credit as Public Service An employee covered by this Agreement
may elect to purchase up to four (4) years of service credit for any continuous
active military, Reserve Forces, National Guard or merchant marine service prior
to employment. The employee must contribute an amount equal to the
contribution for current and prior service that the employee and the employer
would have made with respect to that period of service.
12.7 The Medical Retirement Subsidy Plan was dissolved by agreement between the
parties during the 2015-2017 MOU term.
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A. The City amended the contract with ICMA -RC to allow SEIU members to
participate in the "Vantage Care" Retirement Health Savings PIan effective January
1, 2016, The City and Union agree to the following elements:
1. 1.25% of base pay will be deposited into employees' individual RI -IS
accounts each pay period. Effective upon adoption of this MOU an
additional ,25% of base pay, for a total of 1.5%, will be deposited into
employee's individual RIBS accounts each pay period.
2. Upon an employee's termination of employment with the City, their
eligible sick leave balances will be directed into the individual's RHS
account and the Employer VantageCare Retirement Health Savings
("RHS") Plan Adoption Agreement based on the plan guidelines as
determined by SEIU) to provide the employee and his or her designated
eligible dependents, if any, with benefits under any health insurance
program including, but not limited to, the program maintained by the City.
3. Upon retirement, the balance of an employee's sick Ieave accrual after
eligible RHS payments are made, will be converted into CalPERS Service
Credit.
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ARTICLE XIII
13.0 TOOL REIMBURSEMENT POLICY
13.1 Employees classified as Fleet Equipment Technician I, II or III, or Fleet Equipment
Supervisor shall continue to provide such tools as are ordinarily used in the trade
which shall be the personal tools of the Technician. The City will continue with
one (1) or more vendors an account(s) for said employees who have at least one
(1) year of service in such classifications. Such employees shall be allowed up to
$900 per fiscal year with such vendor(s) in order to purchase tools which, in the
sole determination of the Fleet Services Manager, are necessary for the
performance of such employee's job duties. The City's policy and procedure for
the replacement of stolen tools shall be the same as it existed prior to the effective
date of this Agreement. The City shall bear no liability or responsibility for such
tools except as provided in this Section.
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ARTICLE XIV
14.0 UNIFORM MAINTENANCE
14.1 All employees who are required by the City to wear a uniform while on duty shall
continue to be provided seven (7) sets of clean uniforms every two (2) weeks at no cost to
the employees. All field/yard maintenance, custodial and equipment repair employees
shall be provided eleven (11) clean sets every two (2) weeks at no cost to the employee.
All Police Records Personnel and ,the Senior Office Assistants assigned to the traffic
window shall be provided three.(3) sets of.unifcrms made of Dacron and one (1) wool
sweater. The Union agrees that any such employee who wishes to be provided with one
(1) or more additional clean sets per week above the amounts specified above will be
required to pay the extra cost incurred for such additional set(s).
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ARTICLE W
15.0 SAFETY
15.1 General. The City and the employees of the City agree to comply with all
applicable Federal, State and local laws and the City of Santa Ana regulations,
which relate to health and safety.
15.2 Central Safety Committee. Part Time Civil Service employees are eligible to serve
on the City's Central Safety Committee. However, in no case shall the total number
of SEN members (both Full Time and Part Time Civil Service) exceed two (2)
representatives and two (2) alternates.
15.3 Safe!X Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year to each
employee required to wear safety shoes boots, for the purchase and/or repair
of approved safety shoes/boots. The option of purchase and/or repair 3999shall
be at the sole discretion of the employee.
B. All safety shoes/boots purchased under this program must have steel
reinforced toes and insteps and bear the official stamp of approval from the
American National Standards Institute (ANSI), z-41.
C. If a particular class of employment is designated as requiring its incumbents to
wear safety shoes, then it will be mandatory for all incumbents of that class to
wear the type of safety shoe (boot or low -quarter) deemed to be appropriate by
the Executive Director. (Some exemptions may be allowed, on a case-by-case
basis, depending on the type and amount of exposure to hazard in particular
positions and subject to the approval or disapproval of the City's Safety
Officer).
D. The procedure necessary to be followed for the implementation and. operation
of this program shall be in accordance with the existing policies and procedures
as previously established by the City.
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ARTICLE XVI
[RESERVED]
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ARTICLE XVII
17.0 GRIEVANCE REVIEW PROCEDURE
17.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by
an employee or group of employees or the Union concerning the interpretation or
application of specific provisions of this Agreement, or of the rules and regulations
governing personnel practices or working conditions of the City, except, however,
those matters specifically assigned to the jurisdiction of the City Personnel Board
by those provisions of the City Charter and the Civil Service Rules and
Regulations.
17.2 Informal Process — First Sten
A. An employee and/or his or her designated representative must first attempt to
resolve the grievance on an informal basis through discussion with his or her
immediate supervisor without undue delay, but in no case, beyond a period of
fifteen (15) working days after the occurrence of the alleged incident giving rise
to the grievance, or when the grievant knew or should have reasonably become
aware of the facts_giving rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the grievance
through this informal means at the most immediate level of supervision.
C. In order that this informal procedure may be responsive, both parties involved
shall expedite this process. If, within fifteen (15) working days a mutually
acceptable solution has not been reached at the informal level, the employee
and/or the employee's designated representative shall then set forth the
grievance in writing, indicate the specific MOU provision, rule or regulation
allegedly violated, the nature of the action desired, sign it, and submit it in
duplicate to the employee's Executive Director. At this point, the grievance
review process becomes formal. Should the grievant fail to file a written
grievance, and in the manner specified above, within fifteen (15) working days
after first discussing the grievance with the employee's immediate supervisor,
the grievance shall be barred and waived.
D. Any resolution of the grievance at the informal stage by any person other than
a middle manager or above shall not become precedence or be used to establish
past practice regarding implementation, interpretation, or application of this
Agreement.
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17.9 Formal Process.
A. Second d Std. The Executive Director or his or her designated representative
shall meet with the employee and/or the employee's designated representative
within fifteen (15) working days after the grievance has been submitted to the
Executive Director. The Executive Director, or his or her designated
representative; shall review the grievance and may affirm, reverse or modify
the disposition made at the First Step and shall deliver his or her answer to the
employee and/or the employee's designated representative within ten (10)
working days after said meeting.
B. MiLd Step. I£ the grievance is not satisfactorily resolved at the Second Step, the
employee and/or the employee's representative may submit the grievance in
writing to the City Manager or his or her designated representative within
thirty (30) days of being informed of the disposition made at the Second Step.
Failure of the grievant and/or his or her designated representative to take this
action will constitute a waiver and bar to the grievance, and the grievance will
be considered settled on the basis of the disposition made at the Second Step.
The City Manager or his or her designated representative shall meet with the
employee and/or the employee's designated representative within fifteen (15)
working days after submission of the grievance. The City Manager, or his or
her designated representative, after careful review, may affirm, reverse, or
modify the disposition made at the Second Step and his or her decision, which
shall be final and binding, shall be delivered in writing, to the employee and/or
the employee's designated representative within fifteen (15) working days
after said meeting.
A copy of the written grievance to the City Manager, or his or her duly
authorized representative, and of the City Manager's or, his or her
representative's written decision, shall be filed in the personnel records of the
department and the grievants personnel jacket maintained in the City
Personnel Services Department,
17.4 Reservation of Rights After the procedure set forth in this Article has been
exhausted, the grievant, the Union, and the City shall have all rights and remedies
to pursue said grievance under the law.
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ARTICLE XVIII
18,0 UNION RIGHTS
18.1 Release Time for Union Representatives. The Union shall have the right to
appoint/elect a reasonable number of representatives who are recognized by the
City as officers or worksite Leaders/stewards,
A. One worksite leaders/stewards shall be recognized by the City for the Part
Time Civil Service category of employment.
B. The City's Executive Director of Personnel Services shall be provided with a
list of names and classification titles of the Union's officers as set forth in the
Santa Ana City Employees, Chapter 1939/Service Employees International
Union, Local 721 Bylaws, as well as the names and classification titles of all
worksite leaders/stewards and other Union representatives. The Union agrees
to inform the City in writing of any changes in said list within ten (10) calendar
days.
C. During the term of this MOU, the City agrees to grant a reasonable amount of
City time, without loss of pay or benefits, to enable the officers and worksite
leaders/stewards to assist other bargaining unit employees in processing
grievances under the Grievance Review Procedure.
Officers and worksite leaders/stewards shall make advance arrangement with
their supervisors prior to absenting themselves for such purpose.
The officers and worksite leaders/stewards shall be required by the City to
record and report to their supervisors the work time spent in assisting other
bargaining unit employees pursuant to this provision of the MOU.
Any unauthorized or unapproved time used by worksite leaders/steward,
officers to investigate, discuss, process or meet in conjunction with pursuing a
grievance or complaint shall be charged to that employee's vacation or comp
time leave bank.
The Union shall limit the number of officers or worksiteleaders who
participate in the investigation or appear at hearings on City time to one
representative and a Board member.
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D, Union Business Leave Time. In addition to the above time, officers and
worksite leaders/stewards shall be granted thirty two, (32) hours per fiscal year.
The purpose of this additional thirty two (32) hours per fiscal year shall be to
enable the officers and worksite leaders/stewards to participate in union
activities which may include conventions, seminars and meetings that are
otherwise not covered by this MOU. Such time shall be paid by the Union.
However, such officers and worksite leaders/stewards shall make advance
arrangements with their supervisors prior to absenting themselves for such
purposes.
The officers and worksite leaders/stewards shall be required by the City to
record and report to their supervisors on the work time spent on Union
business.
Any unauthorized or unapproved time used by officers and worksite
leaders/stewards to conduct unionbusiness shall be charged to that employee's
vacation or comp time leave bank.
E. If, at some point in the future, the President for the SEIU bargaining unit is
elected from the Part Time Civil Service category of employment, then all
rights and privileges pertaining to President's leave set forth in the full-time
SEN MOU with the City, Articlel8, shall apply.
18.2 Worksite Access.
A. Officers, worksite leaders/stewards and/or paid Union representatives shall be
permitted to visit break and lunch areas designated by the City, before or after
work or during designated lunch periods for the purpose of discussing Union
business, provided that arrangements are made.in advance with the manager
responsible for the worksite.
B. Such visits shall not disrupt the work of City employees, interfere with the
normal operations of the department or with established safety and security
requirements. Where any such problems arise, the Union and the City will
agree on an alternate meeting/conference facility for the purpose of providing
a place for the Union to hold a meeting before or after work or during lunch
periods. If the City facility provided the Union as an alternate meeting site
during non -working hours is a public meeting room, its scheduling and use
42
shallbe governed in accordance with regulations pertaining to the use of public
meethlg rooms at City facilities,
C. Solicitations of membership and all activities concerned with the internal
management of the Union, such as collecting dues, holding membership
meetings, preparation of petitions, preparation of proposals, campaigning for
office, conducting elections and distributing literature, shall not be conducted
during working hours.
D. Officers and employees may perform those duties assigned to them by the
Union, but in no event shall they have the right to interfere with the
performance of work of any other employee or interfere with City operations
or to call a strike, slowdown, work stoppage, sympathy strike or take any
economic action against the City.
18.3 Release Time for Employee Representatives.
A. In the event that the Union is formally meeting and conferring with
representatives of the City on matters within the scope of representation
during regular City business hours, a reasonable number of officers, employee
representatives or other officials of the Union shall be allowed reasonable time
off without loss of compensation or other benefits.
B, Such officers and employee representatives shall not leave their duty or work
station or assignment without the prior knowledge of their supervisor or such
supervisor's supervisor.
C. Such meetings are subject to scheduling in a manner consistent with City
operating needs and work schedules,
18.4 Use of Bulletin Boards. Space shall be made available to the Union on the City's
existing employee bulletin boards for the purpose of posting notices pertaining to
Union business, subject to the following conditions:
A. Materials posted by the Union shall not include campaign material on
municipal election matters, including elections for City Council, other City
positions, or other municipal political matters.
B. Material posted shall not be derogatory to the City, City employees or other
employee organizations,
43
C. All materials shall be dated, identify the Union and bear the signature of the
authorized representatives) of the Union responsible for their issuance.
D. The City reserves the right to determine what reasonable portion of employee
bulletin boards are to be allocated to Union materials.
E. If the Union does not abide by these provisions, it will forfeit its right to have
materials posted on the City's employee bulletin boards.
F. The Union shall not be permitted to post any material that is prohibited by
State law or the City Charter.
18.5 Use o£ City Facilities. The City shall allow the Union to conduct meetings in the
City's public meeting rooms during non -working hours provided such meetings are
scheduled in accordance with regulations governing the use of public meeting rooms at
City facilities, provided, however, the Union shall not be permitted to use City facilities
to discuss or present any matter that is prohibited by State law or the City Charter.
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ARTICLE XIX
19.0 DUES DEDUCTION & INDEMNIPICATION
19.1 Dues Deduction, The City shall deduct dues on a regular basis from the pay of all
employees covered by this MOU who voluntarily authorize such deduction in
writing and on a form to be provided for this purpose by the City. The City shall
remit such funds to the Union within thirty (30) calendar days following their
deduction,
19.2 Agency Shop.
A. All employees represented by the Santa Ana City Employees,
Chapter1939/Service Employees International Union Local 721, shall, as a
condition of continuing employment become and remain members of the
Union or shall pay to the Union a service fee in lieu thereof. The service fee
shall be an amount not to exceed the standard initiation fee, periodic dues
and general assessments of the Union.
B. Any employee hired by the City subject to this MOU shall be provided,
through the Personnel,Services Department, with an authorization form for
the deduction of Union dues. Employees shall have thirty (30) working
days following the initial date of employment to fully execute the
authorization form and return it to the Agency/Department payroll section.
The effective date of Union dues, service deductions or charitable
contribution for such employees shall be the beginning of the first pay
period of employment.
C. Any employee of the City subject to this MOU who wishes to execute a
written declaration claiming a religious exemption from paying Union
dues, and who is a member of a bona fide religion, body or sect wh ch has
historically held conscientious objections to joining or, financially
supporting a public employee organization and which is recognized as
such by the Public Employer Relations Board, shall, upon presentation of
verification of active membership in such religion, body or sect be
permitted to make a charitable contribution equal to the service fee in lieu
of Union membership or service fee payment to one of three designated
nonreligious, noxi -labor, charitable fund exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code. Declarations or applications
for religious exemption and any supporting documentation shall be
45
forwarded to the Union within fifteen (15) calendar days of receipt by the
City. The Union shall have fifteen (15) calendar days after receipt of a
request for religious exemption to challenge any exemption granted by the
City Manager or his or her designee. If challenged, the deduction to the
charity of the employee's choice shall commence but shall be held in escrow
pending resolution of the challenge. Charitable contributions shall be by
regular payroll deduction only. For purposes of this section, charitable
deduction means a contribution to one'of three non-profit organizations,
with the United Way being one of them.
D. Maintenance of Dues Payroll Deduction
Any employees in this unit who have authorized Union dues deductions
on the effective date of this Memorandum of Understanding or at any time
subsequent to the effective date of this Memorandum of Understanding
shall continue to have such dues deduction made by the City during the
term of this Memorandum of Understanding; provided, however, that any
employee in the Unit may terminate such Union dues each year during the
period February 10 through February 28, by notifying the Union of their
termination of Union dues deduction. Such notification shall be by certified
mail and should be in the form of a letter containing the following
information: employee name, employee number, -job classification,
department name and name of Union from which dues deductions are to
be cancelled. The Union will provide the City with the appropriate
documentation to process these dues canceIlationtis within ten (10) business
days after the close of the withdrawal period.
E. The Santa Ana City Employees, Chapter 1939/Service Employees
International Union Local 721 shall indemnify and hold the City, its officers
and employees, harmless from any and all claims, demands, suits, or any
other action arising from the Agency Shop or Maintenance of Dues Payroll
Deduction provisions herein. In no event.shall the City be required to pay
from its own funds, Union dues, service fee or charitable contributions,
which the employee was obligated to pay, but failed to pay, regardless of
the reasons.
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ARTICLE XX
20.0 CITY RIGHTS
20.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this
Agreement or by law to manage the City, as such rights existed prior to the
execution of this Agreement. The sole and exclusive rights of Management, as they
are not abridged by this Agreement or by law, shall include but not be limited to
the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted
by the City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of
services to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and
size of the workforce by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City
functions, including but not limited to the right to contract for or subcontract
any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assignments.
To relieve employees from duties for lack of work or similar non -disciplinary
reason, subject to the provisions of the City Charter, Municipal Code, Federal
and State law and this Agreement.
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K. To establish and modify productivity and performance programs and
standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper
cause in accordance with the provisions set forth in the City Charter and Santa
Ana Municipal Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non -disciplinary reasons
in accordance with this Agreement.
O. To determine policies, procedures, and standards for selection, training and
promotion of employees,
P. To establish employee performance standards including but not limited to
quality and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this
Agreement:
S. To take any and all necessary action to carry out the mission of the City in.
emergencies,
20.2 Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of
employees of the bargaining unit, the City agrees to meet and confer in good faith
with representatives of the Union regarding the impact of the contemplated
exercise of such rights prior to exercising such rights, unless the matter of the
exercise of such rights is provided for in this Agreement.
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ARTICLE XXI
21.0 STRIKES & WORK STOPPAGESINO LOCKOUT
21.1 Prohibited Conduct,
A. The Union, its officers, agents, representatives, and/or members agree that
during the term of this Agreement, they will not cause or condone any
unlawful strike, walkout, slowdown, sick-out, or any other unlawful job
action by withholding or refusing to perform services. There shall be no
lockouts by the City during the term of this MOU.
B. Any employee who participates in any conduct prohibited in Subsection A
above shall be subject to suspension, demotion or dismissal by the
appointing authority without right of appeal to the Personnel Board in
accordance with City Charter Section 1014.
21.2 Union Responsibility_. In the event that the Union, its officers, agents,
representatives, or members engage in any of the conduct prohibited in Section 1,
Subsection A above of this Article, the Union shall immediately instruct any
persons engaging in such conduct that their conduct is in violation of this
Agreement and unlawful, and they must immediately cease engaging in the
conduct prohibited in said Section 1, Subsection A above, and return to work.
ARTICLE Val
22.0 LAYOFFS
22.1 The City agrees to inform the Union as soon as possible if and when a decision is
made to reduce positions represented by the Union through layoff.
If it is decided to contract out work, the City shall provide the Union reasonable
notice of the decision; meet and confer with the Union over the impact of the
decision; will seriously consider reasonable alternatives provided by the Union;
and if any bargaining unit member is laid off as a result of the decision, the City
shall make a reasonable effort to place said employee with the contracting
company.
22.2 In the event of a reduction -in -force, part time employees in any City office, activity
or department shall be laid off prior to laying off Part Time Civil Service
Employees as above defined. Wherever possible, Part Time Civil Service
Employees in the classification shall be laid off prior to Full Time employees in the
same classification.
22.3 The principles of seniority (length of service) shall govern layoffs as described
herein, except in the event that more than one (1) employee has the same seniority
date, in which case performance also shall be considered. The City's determination
of performance shall not be arbitrary or capricious in nature. Any dispute over the
application of the principles outlined in this Article XXII shall be subject to the
grievance procedure.
A. Classification seniority is defined as length of service in the classification, and
shall begin on the first date worked by the employee in that classification.
Whenever a position within a classification is to be eliminated, resulting in the
layoff of an employee, seniority shall govern the order of layoff. The employee
with the lowest seniority in the affected classification shall be laid off first.
B. In lieu of layoff, an employee may elect to work in a lower classification, in
which he has served, providing that classification is within the same job
family/career ladder. In that event, the employees length of service in the next
lower classification will be added to his length of service in the affected
classification, and said combined seniority shall be used to bump down into
•the next lower classification. This method of combining seniority shall be
applied to subsequent lower classifications.
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C. The reemployment list shall be valid for one (1) year from the date of its
establishment. Reemployment shall be in reverse order of layoffs. The joint
Labor Management Committee will determine job Family/Career Ladder.
22.4 A bargaining unit employee who is laid off from Part Time Civil Service
employment pursuant to this Article, may be granted a temporary appointment to
a vacant Part Time Civil Service position in any classification for which there is no
eligible list and for which said employee meets the minimum qualifications
established for the classification and possesses the requisite knowledge, skills and
abilities to satisfactorily perform the work of the classification. Such temporary
appointment will be terminated upon the establishment of a new eligible list for
the classification or one (1) year following the initial day of such temporary
appointment, whichever occurs first.
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ARTICLE XXIII
23.0 MISCELLANEOUS PROVISIONS
23.1 The City agrees to provide a list each month to the Union with names and class
titles of bargaining unit employees who have separated from City service, and the
names and class titles of bargaining unit employees who have been hired. The
Union agrees to pay the City's cost of producing said list(s). A complete list of
bargaining unit employees and their addresses will be provided to the Union once
every fiscal year.
23.2 The City agrees to distribute Union membership pamphlets to bargaining unit
employees at the new employee orientation sessions conducted by the City.
23,3 Catastrophic Leave Donation In order to assist employees otherwise granted
leave of absence without pay by the City Manager because of a catastrophic
medical condition or injury, the City and Union agree to implement a Catastrophic
Leave Donation Program.
Nothing herein shall be construed to alter City policies and procedures as
provided in the Charter or ordinances of the City of Santa Ana or other provisions
of this Agreement with regard to granting unpaid leaves of absence.
For the purposes of implementing this program, "Catastrophic" condition shall
mean any significant personal tragedy such as life-threatening illness or severe
non -industrial illness or injury of duration of more than two (2) weeks which
requires the employee to need personal time off beyond the amount of leave time
he/she has accrued. Maternity leave or elective surgery, absent significant
unplanned complication preventing the employee's return to work, is not
considered catastrophic.
The Catastrophic Leave benefit will be provided for non -industrial injury or
sickness only. The leave shall cover the uncompensated time prior to the
employee's becoming eligible for the Long Term Disability benefits.
A. Guidelines. It shall be understood that all donations under this procedure are
voluntary and subject to taxation for the recipient.
1. Employees may donate vacation, compensatory time, or one (1) in lieu
holiday to the eligible employee. In no event shall sick leave be donated.
52
2. Employees shall be provided a two week period to submit donations.
Donations received after this two week period shall not be processed. The
two week period for each case shall be designated by the Executive Director
or his or her designee as provided herein below.
3. Donations shall be for a minimum of two (2) hours and a maximum of six
(6) hours per donor. All donations must be made in two (2) hour
increments, except in lieu holidays must be for six (6) hours.
4. Any authorization of donations not made in accordance with the
procedures outlined in Section C, Subparagraph 2 below, will not be
processed,
5. All donations shall be irrevocable.
6. In the event the recipient returns to work before leave donations have been
exhausted, any balance on the books shall be accrued by the recipient and
designated as sick leave.
B. Eli ability. Part Time Civil Service employees shall be eligible for Catastrophic
Leave Donations if the following criteria are met:
1. When it is reasonably foreseeable that all accrued time on the books, such
as sick leave, compensatory time, and vacation will be exhausted and the
employee's illness will continue past the time when the employee will be
on paid status.
2. The employee's Executive Director, or his or her designee, has approved a
written requestfor donations accompanied by a medical statement from the
employee's attending physician. The attending physician's statement must
verify the employee's need for an extended medical leave and an estimate
of the time the employee will be unable to work.
C. Procedure.
1. Upon receipt of a valid request for donations from an eligible employee, the
Department Head or his or her designee shall post a notice within forty eight
(48) hours of receipt of the eligible employee's need for donations via email
and on bulletin boards accessible to employees. No confidential medical
information shall be included in the posted notice.
53
2. Employees wishing to donate time to an eligible employee must sign his or her
authorization of the. transfer of such donated time and provide:
a. His or her name, department name, and employee number;
b. The number of hours of compensatory or vacation time of the donation
within the limitations of Section A, subparagraph 3 above;
c. The name, department and employee number of the recipient;
d. A statement indicating that the donor understands such donation of time is
irrevocable.
3. At the close of the two (2) week donation period, the department shall verify
that each donating employee has accrued vacation and/or compensatory time
balances sufficient to cover the designated donation.
4. The department shall submit all approved donation authorizations for an
eligible employee at one time for processing. No donation authorizations for
the eligible employee will be processed after this period. However, employees
who receive donatidris under this procedure and who exhaust all donated
hours may request an additional donation period subject to the provisions of
Section A, herein.
5. The City shall add the donated time to the recipients sick leave account, In no
event shall the total time credited to an employee's sick leave balance exceed
four hundred (400) hours, pursuant to Article X, Section 10,I.D.
23.4 Full Time Eligible Lists. Part Time Civil Service employees, upon their written
request, shall be placed on the Full Time transfer eligible list for the classification
in which they are employed. City will submit names of employees wishing to
convert to full-time position for consideration to any Department hiring for
vacancies in the classification. Certification from that list shall be in accordance
with all existing Civil. Service rules.
23.5 joint Labor -Management Teams. The City and the Union agree to form Joint
Labor -Management teams for the purpose of exploring issues of mutual concern.
Each team shall be comprised of an equal number of labor and management
employees and shall be chaired by the Executive Director of Personnel Services or
his/her designee. In no case shall the activity of a team create a delay or hindrance
to the ongoing operation of the City. The City and the Union shall hold an initial
meeting no sooner than one (1) month from the date of ratification of this
54
Agreement and upon the Union's written request to meet to determine team
composition, frequency of meetings and meeting schedules.
A. The teams to be formed are:
1. The potential implementation of a new city-wide salary matrix
B. Previously authorized teams to be reconvened as needed:
1. Career Ladder/job Family (for the purpose of developing career ladderfJob
family series to be used in promotions or in the event of layoffs.
23.6 Performance Appraisals. Non -probationary performance appraisals not
completed within six (6) months of the due date shall be stayed and the employee
shall next become subject to evaluation upon the end of the evaluation period next
following, provided that merit advance performance appraisals shall be
completed in accordance with Article 1V, section 4.8.
23.7 Request for Classification Review. Any employee who, for a continuous period
exceeding one (1) year, believes he or she is regularly and consistently performing
duties and/or responsibilities not in conformance with their classification concept,
or duties and/or responsibilities of another classification, may request a
classification review of their position through their supervisor to the Executive
Director. The employee must submit their request on a form specified by the
Executive Director of Personnel Services, outlining in writing how they believe
their current duties and/or responsibilities differ from their classification concept.
A. The Executive Director will review the employee's submitted request and
within sixty (60) days will make one of the following determinations: .
1. Will support the employee's request.
a.. if the Executive Director supports the employee's request for a
classification review, he or she shall forward the request to the
Executive Director of Personnel Services along with justification for
support of the employee's request.
b. The Executive Director shall notify the employee that his or her
request has been submitted to the Executive Director of Personnel
Services.
2. Will not support the employee's request.
55
a. If the Executive Director does not support the employee's request for
a classification review, he or she shall notify the employee of this
decision in writing and set forth the basis for the decision.
b. If the Executive Director does not support the employee's request,
but agrees that some of the duties and/or responsibilities being
performed by the employee are those of a higher level City
classification, he or she can do the following:
Return the employee to performance of the duties and/or
responsibilities of their proper classification.
ii. Eliminate the higher duties and/or responsibilities being
performed by the employee, for which the City has agreed are
those for which it shall provide higher compensation.
B. Any employee request for classification review approved by the Executive
Director shall be forwarded to Lhe Executive Director of Personnel Services,
The Executive Director of Personnel Services shall confirm receipt of the
request in writing to the employee. Within sixty (60) days of receipt of the
request, the Executive Director of Personnel Services shall notify the
employee and Executive Director of the decision as to whether a study will
be conducted. If the Executive Director of Personnel Services determines that
a study is appropriate, the Executive Director of Personnel Services shall so
notify the employee and the Executive Director in writing and shall provide
the employee and Executive Director with an approximate start date for the
study.
C. Determinations of the employee's Executive Director and the Executive
Director of Personnel Services are not final. This process is not subject to the
grievance procedures however an appeal to the City Manager or his/her
representative shall be presented within fifteen (15) working days of the
notification of the findings by the Executive Director of Personnel. The City
Manager's decision is final and not subject to the grievance provisions of this
Molt,
D. All studies and study findings shall require City Manager approval before
proceeding.
E. All recommendations resulting from study findings require the approval, of
the City Council and shall be implemented in accordance with the City's
Civil Service rules.
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ARTICLE XXIV
24.0 SOLE &z ENTIRE AGREEMENT
24.1 It is understood and agreed that the parties to this Memorandum of
Understanding are subject to all current and future applicable Federal and
California laws, the City of Santa Ana Charter and Municipal Code, as well as the
City's Employer -Employee Relations Resolution (#61-75). It is the intent of the
parties hereto that the provisions of this Agreement shall supersede all prior
agreements and memoranda of agreement, or memoranda of understanding, or
contrary salary and/or personnel rules and regulations or administrative codes,
provisions of the City, oral or written, express or implied between the parties, and
shall govern the entire relationship and shall be the sole source of any and all rights
which may be asserted hereunder. This Agreement is not intended to conflict with
Federal or State law or the City Charter.
The Cil y trill co«:t nue to prey de employ ccs covered by lis Agr�ment a reduced
size copy of this Agreement and its attachments and including a section containing
the Employer -Employee Relations Resolution of the City of Santa Ana.
24.2 Notwithstanding the foregoing; there exists within the City personnel rules and
regulations and departmental rules and regulations. These rules and regulations
shall be continued to the extent they do not contravene specific provisions of this
Agreement. Such rules and regulations may, from time to time, be changed by the
City. If these changes affect wages, hours, and/or other terms and conditions of
employment, the City shall meet and confer with the Union; provided, further,
however, no provision of the rules and regulations shallbe changed to contravene
specific provisions of this Agreement.
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ARTICLE XXV
25.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
Except as otherwise specifically provided herein, this MOU fully and completely
incorporates the understanding of the parties regarding the provisions contained
in this MOU. Neither party shall, during the term of this MOU, demand any
change to the. MOU, except that nothing shall prohibit the parties from changing
the terms of the MOU by mutual agreement and in writing signed by the parties.
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ARTICLE XXVI
26.0 EMERGENCY WAIVER PROVISION
26.1 In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, provisions of this Agreement or the Personnel Rules or Resolutions
of the City, which restrict the City's ability to respond to these emergencies, shall
be suspended for the duration of such emergency. After the emergency is declared
over, this Agreement will be reinstated immediately. The Union shall have the
right to meet and confer with the City regarding the impact on employees of the
suspension of the provisions in the Agreement during the course of the
emergency.
59
ARTICLE XXVII
27.0 SEPARABILITY PROVISION
27.1 Should any provision of this Agreement be found to be inoperative, void, or
invalid by a court of competent jurisdiction, all other provisions of this Agreement
shall remain in full force and effect for the duration of this Agreement, provided
that if any such affected provisions invalidate or void any benefits of employees
covered, hereunder, the parties shall forthwith commence negotiations to replace
the invalidated benefits with benefits of comparable value.
60
28.0 TERM OF AGREEMENT
28.1 The term of this Agreement shall be from July 1, 2017 through December 31, 2018.
61
ARTICLE XXIX
29.0 RATIFICATION & EXECUTION
29.1 The City and the Union have reached an understanding as to certain
recommendations to be made to the City Council for the City of Santa Ana and
have agreed that the parties hereto will jointly urge said Council to adopt a new
wage and salary resolution which will provide for the changes contained in said
joint recommendations. The City and the Union acknowledge that this
Memorandum of Understanding shallnot be in full force and effect until ratified
by the membership of the Union and adopted by the City Council of the City of
Santa Ana. Subject to the foregoing, this Memorandum of Understanding is hereby
executed by the authorized representatives of the City and the Union and entered
in to this 19th day of December, 2017,
CITY OF SANTA ANA, a municipal
corporation of is tE of Califor
Dated: By:
Mayo
_..
Dated: By:
Dated. By:
ATTEST: Sg r
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
ifi . %1 Ll,
Sonia Carvalho
City Attorney
62
of Personnel Services
This Agreement has been ratified by the membership of the Santa Ana City Employees,
Chapter 1939/Service Employees International Union Local 721.
Dated:T5 / CkAU
% A
/
TerriEggers
PTCS Member
SEN Local 721, Santa Ana Chapter
63
Approved as to form:
J94 LAdpple
Assistant Director of Collective
Bargaining
SEN Local 721
Exhibit A
List of Part Time Civil Service Classifications Re resented by Santa Ana Ci
Employees, Chapter 1939/Service Employees International Union Local 721
Park Maintenance Aide
Senior Community Development Analyst
Planning Assistant
Assistant Buyer
Secretary
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EXHIBIT B
RESOLUTION NO. 81-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RELATING TO EMPLOYER-EMPLOYEE RELATIONS
IN THE PUBLIC SERVICE OF THE CITY OF SANTA ANA
WHEREAS, the Council of the City of Santa Ana declares that it is the public policy of the
City to maintain and enhance its administration of employer-employee relations and to
protect the public by assuring at all times the orderly and uninterrupted operations and
services of City government; and
WHEREAS, the City of Santa Ana desires to establish uniform and orderly methods of
communication between the City and its employees, including provisions for (a)
recognizing the rights of employees to join organizations of their own choosing for the
purpose of representation on matters affecting employee relations or to represent
themselves individually in dealing with the City; and (b) establishing equitable and
uniform rules and procedures to provide for the orderly and systematic presentation,
consideration and resolution of employer-employee relations matters; and
WHEREAS, the City of Santa Ana has met and conferred in good faith with
representatives of the Santa Ana City Employees' Association; Santa Ana Police
Benevolent Association; Santa Ana Firemen's Benevolent Association; and the American
Federation of State, County and Municipal Employees, AFL-CIO, which are the only
employee organizations known to the City to have among their members employees of
the City, concerning the rules and regulations for the administration of employer-
employee relations set forth herein; and
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby resolve as
follows:
Section 1: Title of Resolution
This Resolution shall be known as the "Employer -Employee Relations Resolution of the
City of Santa Ana",
Section 2: Definitions
As used in this Resolution, the following Willis shall have the meanings indicated:
APPROPRIATE UNIT — means a unit of employee classifications or positions
established pursuant to Section 11 of thus Resolution.
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CITY — means the City of Santa Ana, a municipal corporation, and where appropriate
herein, "City" refers to the City Council or any duly authorized management employee
as herein defined.
DAY — means calendar day unless expressly stated otherwise.
EMPLOYEE — means any person regularly employed by the City on a full time basis
except those persons elected by popular vote.
EMPLOYEE, CONFIDENTIAL — means an employee who is assigned to perform work
directly. involved in the development, preparation or presentation of management
positions with respect to employer-employee relations.
EMPLOYEE, MANAGEMENT — means any employee having responsibility for
formulating, administering or managing the implementation of City policies or
programs, including but not limited to, department and assistant department heads,
division heads, and professional administrative staff employees employed to render
advice and assistance pertaining to the conduct of legal, fiscal, budgetary, personnel
management and employer-employee relations affairs of the City.
EMPLOYEE, PROFESSIONAL — means a classification of employees engaged in work
(a) predominantly intellectual and varied in character as opposed to routine mental,
manual, mechanical or physical work; (b) involving the constant exercise of discretion
and judgment in its performance; and (c) requiring knowledge in a field of science or
learning customarily acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning, as distinguished from a general
academic education, or from an apprenticeship or from training in the performance of
routine, mental, manual or physical processes.
EMPLOYEE, SUPERVISORY — means any employee, regardless of job description or
title, having authority, in the interest of the employer, to hire, transfer, suspend, layoff,
recall, promote, discharge, assign, reward, or discipline other employees, or the
responsibility to assign work to and direct them, or to evaluate or review their grievances,
or effectively to recommend such actions, if in connection with any of the foregoing, the
exercise of such responsibility is not of merely routine or clerical nature, but requires the
use of independent judgment.
EMPLOYEE ORGANIZATION — means any lawful organization which includes
employees of the City and which has as one of its primary purposes representing such
employees in their employment relations with the City; provided, however, that said
organization has no restrictions on membership based on race, color, creed, sex or
national origin.
EMPLOYEE RELATIONS OFFICER — means the City's principal representative in all
matters of employer-employee relations designated pursuant to Section 3 hereof, or his
duly authorized representative.
EMPLOYER-EMPLOYEE RELATIONS — means the relationship between the City and
its employees and their employee organization, or when used in a general sense, the
relationship between City management and individual employees or employee
organizations.
GRIEVANCE — means a dispute, claimed by an employee, group of employees or a
recognized employee organization concerning the meaning, application, or enforcement
of any of the provisions of the City's Employer -Employee Relations Policy or of a
memorandum of understanding; and for which specific hearing or appeal procedure is
not otherwise provided, or is not specifically withheld, by civil service rule, ordinance,
resolution, charter provision, or memorandum of understanding.
IMPASSE — means that the representatives of the City and a Recognized Employee
Organization have reached a point in their meeting and conferring in good faith where
their differences concerning matters on which they are required to meet and confer,
remain so substantial that further meeting and conferring would not be likely to result in
an agreement.
MEDIATION OR CONCILIATION — means the efforts of an impartial third person or
persons, functioning as intermediaries, to assist the parties in reaching a voluntary
resolution to an impasse, through interpretation, suggestion and advice. Mediation and
conciliation are interchangeable terms.
MEET AND CONFER IN GOOD FAITH. — (sometimes referred to herein as "meet and
confer" or "meeting and conferring") — means the performance by duly authorized City
representatives and duly authorized representatives of a recognized employee
organization of their mutual obligation personally to meet and confer in good faith
promptly upon the request of either party and continue for a reasonable period of time
in order to exchange freely information, opinions and proposals, and to endeavor to reach
agreement on matters within the scope of representation prior to the adoption by the City
of its final budget for the ensuing year. This does not require either party to agree to a
proposal or to make a concession.
M
MEMORANDUM OF UNDERSTANDING — means a written memorandum of the
agreement between the City and a recognized employee organization reached through
meeting and conferring.
PEACE OFFICER — means an employee of the Santa Ana Police Department whose
principal duties consist of active law enforcement and who is designated as a "peace
officer" as that term is defined in Section 830, California Penal Code, except that, for
purposes of this Resolution only, "peace officer" does not mean a parl< patrolman,
security guard or a member of the fire department, whether the latter be serving as a
member of an arson investigating unit, as a deputy or assistant state fire marshal, or in
any capacity wherein the member would have the status of peace officer for purposes
other than that of this Resolution.
RECOGNIZED EMPLOYEE ORGANIZATION — means an employee organization
which has been granted formal recognition by the Employee Relations Officer as the
employee organization which has the right to meet and confer in good faith as the
majority representative of all members of an appropriate representation unit pursuant to
Section 11 hereof, except those employees in such unit who have exercised their right not
join an employee organization and who choose to represent themselves individually with
the City, or has been designated through a secret ballot election as the exclusive
representative of the employees in an appropriate representation unit pursuant to Section
11 of this Resolution.
SCOPE OF REPRESENTATION — means those matters relating to employment
conditions and employer-employee relations including, but not limited to, wages, hours,
and other terms and conditions of employment except, however, that the scope of
representation shall not include consideration. of the merits, necessity, or organization of
any service or activity provided by law or executive order.
Section 3: Designation of the City's Employee Relations Officer
The City Council hereby designates the City Manager as the Employee Relations Officer
who shall be the City's principal representative on all matters of employer-employee
relations, with authority to meet and confer in good faith on matters within the scope of
representation, and to administer all provisions of this Resolution and the employee
relations rule and procedures adopted pursuant thereto. The Employee Relations Officer
is authorized to delegate his duties and responsibilities.
Mi.
Section 4: Meet and Confer in Good Faith — Scope
City representatives and representatives of formally recognized employee organizations
having exclusive representation rights, have the mutual obligation personally to meet
and confer in good faith in order to exchange freely information, opinions and proposals
and to endeavor to reach agreement on matters within the scope of representation prior
to the adoption by the City of its final budget for the ensuring year.
The City shall not be required to meet and confer in good faith on a subject preempted
by Federal or State law or by the City Charter,
Section 5: Notice
The City will give reasonable written notice to each recognized employee organization
affected by any ordinance, rule, resolution, or regulation relating to matters within the
scope of representation proposed to be adopted by the City, and each such organization
shall be given the opportunity to meet.and confer with the Employee Relations Officer
prior to such adoption.
In cases of emergency when the City determines that an ordinance, rule, resolution, or
regulation relating to matters within the scope of representation must be adopted
immediately without prior notice or meeting with recognized employee organization, the
Employee Relations Officer shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of such ordinance, rule, resolution or
regulation.
Section 6: Petition for Recognition
An employee organization that seeks to be formally acknowledged as the Recognized
Employee Organization representing the employees in an appropriate unit shall file a
petition with the Employee Relations Officer containing the following information and
documentation:
Name and address of the employee organization. Names and titles of its officers.
Names and titles of employee organization representatives who are authorized to speak
on behalf of the organization.
A statement that the employee organization has, as one of its primary purposes,
representing the employees in their employment relations with the City.
A statement whether the employee organization is a chapter or local of, or affiliated
directly or indirectly in any manner with, a regional or state, or national or international
organization, and, if so, the name and address of each such regional, state or international
organization.
Certified copies of the employee organization's constitution and bylaws, including all
amendments thereof,
A designation of those persons, not exceeding three in number, and their addresses, to
whom sent by first class or certified United States mail will be deemed sufficient notice
on the employee organization.
A statement that the employee organization is cognizant of the provisions of Section 3509
of the Meyer-Milias-Brown Act.
A statement that the employee organization has no restriction on membership based on
race, color, creed, sex, or national origin.
A description of the composition of the unit or units claimed to be appropriate, including
the job classifications of employees and the number of member employees therein, as
well as a statement of reasons why the unit or units is or are considered to be appropriate.
A statement that the employee organization has in its possession written proof, dated by
the signer within six (6) months of the date upon which the petition is filed, to establish
that a majority of the employees in the unit claimed to be appropriate have designated
the employee organization to represent them in their employment relations with the City.
Such written proof shall be made in such language and form as the Employee Relations
Officer shall prescribe and shall be submitted for confirmation to the Employee Relations
Officer to a mutually agreed upon disinterested third party. Notwithstanding the above,
the Employee Relations Officer, in his sole discretion, may accept employee dues
deduction authorization, using the payroll register for the period immediately preceding
the date of filing of a Petition of Recognition, as proof of employee support for the
petitioning organization, except that dues deduction authorizations for more than one
employee organization for the account of any one employee shall not be considered as
proof of employee support for any employee organization, unless it can otherwise be
shown that the dues deduction for the petitioning organization is the only one which
provides full membership rights and privileges, including the right to vote.
A request that the Employee Relations Officer recognize the petitioning employee
organization as the Recognized Employee Organization representing the employees in
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the unit(s) claimed to be appropriate for the purpose of meeting and conferring in good
faith on all matters within the scope of representation.
The Petition, including all accompanying documents, shall be declared to be true, correct
and complete, under penalty of perjury, by the duly authorized officer(s) of the employee
organization executing it, The Employee Relations Officer may require additional
information as required by this Resolution to be included in the Petition.
The Employee Relations Officer shall give prompt written notice of the filing of a Petition
to any recognized employee organization affected thereby.
Section 7: Ci!y Response to Recognition Petition
Upon receipt of the Petition; the Employee Relations Officer shall within ten (10) days
determine whether:
There has been compliance with the requirements of the Recognition Petition; and
The proposed representation unit is an appropriate unit in accordance with Section 11 of
this Resolution.
If an affirmative determination is made by the Employee Relations Officer on the
foregoing two matters, he shall within ten (10) days after malting said determination,
inform the petitioning employee organization, shall give written notice of such request
for recognition to the employees in the unit and shall take no action on said request for
thirty (30) days thereafter. If either of the foregoing matters are not affirmatively
determined, the Employee Relations Officer shall meet and discuss the matter with such
petitioning employee organization, and, if such determination thereafter remains
unchanged, shall inform that organization of the reasons therefore in writing. The
petitioning employee organization may appeal such determination in accordance with
Section 13 of this Resolution.
Section 8: Open Period for Filing Challenging Petition(s)
Within thirty (30) days of the date written notice was given to affected employees that a
valid Recognition Petition(s) for an appropriate unit has been filed, any other employee
organization may file a competing request to be formally acknowledged as the
recognized employee organization of the employees in the same or in an overlapping unit
(one which corresponds with respect to some but not all the classifications or positions
set forth in the Recognition Petition being challenged), by filing a petition(s) evidencing
proof of employee support in the unit claimed to be appropriate of at least thirty (30)
percent and otherwise in the same form and manner as set forth in Section 6 of this
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Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the
Employee Relations Officer shall call for a hearing on such overlapping petitions for the
purpose of ascertaining the more appropriate unit, at which time the petitioning
employee organizations shall be heard. Thereafter, the Employee Relations Officer shall
determine the appropriate unit or units in accordance with the standards in Section 11 of
this Resolution. The petitioning employee organizations shall have fifteen (15) days from
the date notice of such unit determination is communicated to them by the Employee
Relations Officer to amend their petitions to conform to such determination or to appeal
such determination pursuant to Section 13 of this Resolution.
Section 9: Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted
by a party agreed to by the Employee Relations Officer and the concerned employee
organization(s) in accordance with its rules and procedures subject to the provisions of
this Resolution. All employee organizations who have duly submitted petitions which
have been determined to be in conformance with this Resolution shall be included on the
ballot. The choice of "no organization" shall also be included on the ballot. Employees
entitled to vote in such election shall be those persons employed full time in regular,
permanent positions within the designated appropriate unit who were employed during
the pay period immediately prior to the date which ended at least fifteen (15) days before
the date the election commences, including those who did not work during such period
because of illness, vacation or other authorized leaves of absence, and who are employed
by the City in the same unit on the date of election. An employee organization shall be
formally acknowledged as the Recognized Employee Organization for the designated
appropriate unit following an election or runoff election if it received a numerical
majority of all valid. votes cast in the election. If an election involving three or more
choices, where none of the choices receives a majority of the Valid votes cast, a runoff
election shall be conducted between the two choices receiving the largest number of valid
votes cast (that is, either between two employee organizations, or one employee
organization and no representation); the rules governing an initial election being
applicable to a runoff election, except that the runoff election shall be held within fifteen
(15) days following the certification of the initial election results.
There shall be no more than one valid election under this Resolution pursuant to any
petition in a 12 month period affecting the same unit. In the event that the parties are
unable to agree on a third party to conduct an election, the election shall be conducted by
the California State Conciliation Service. Costs of conducting elections shall be borne in
equal shares by the City and by each employee organization appearing on the ballot.
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In cases where a Memorandum of Understanding between the City and an employee
organization is in effect on the effective date of this Resolution, it shall be presumed for
the duration of the Memorandum of Understanding that the unit set forth in the
Memorandum of Understanding is appropriate and that the employee organization is the
majority representative of the employees covered therein. Unless a petition is filed
pursuant to Section 12 below, it shall be presumed that when said Memorandum of
Understanding terminates the employee organization shall continue to be a majority
representative of employees covered by said Memorandum of Understanding for the
purposes of meeting and conferring regarding matters within the scope of representation;
provided, however, the employee organization files with the City the information
required by Section 6(a),1 through 13 of this Resolution, Nothing contained herein shall
preclude an employee organization from filing a petition for recognition pursuant to
Section 6 or Section 10 of this Resolution at the expiration of Memoranda of
Understanding which expire on June 30,1981.
Section 10: Procedure for Decertification of Recognized Employee Organization
A Decertification Petition alleging that the incumbent Recognized Employee
Organization no longer represents a majority of the employees in an established
appropriate unit may be filed with the Employee Relations Officer only during the month
of January of any year following the first full year of recognition or during the thirty (30)
day period commencing one hundred eighty
(180) days prior to the termination date of a Memorandum of Understanding then having
been in effect less than three (3) years, whichever occurs later, A Decertification Petition
may be filed by employees or their representative, or an employee organization, and shall
contain the following information and documentation declared by the duly authorized
signatory trader penalty of perjury to be true, correct and complete:
The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices of requests for further information.
The name of the established appropriate unit and of the incumbent Recognized Employee
Organization sought to be decertified as the representative of that unit.
An allegation that the incumbent Recognized Employee Organization no longer
represents a majority of the employees in the appropriate unit, and any other relevant
and material facts relating thereto,
Proof of employee support that a majority of the employees in the established appropriate
unit no longer desires to be represented by the incumbent Recognized Employee
73
Organization, Such proof shall be submitted for confirmation to the Employee Relations
Officer or to a mutually agreed upon disinterested third party.
The Employee Relations Officer can only accept those petitions which 1) request
decertification of the current formally recognized employee organization and 2) do not
request to carve out another unit from the already established appropriate unit.
An employee organization may file a Petition under this Section in the form of a
Recognition Petition that conforms to the requirements of Section 6 of this Resolution in
satisfaction of the Decertification Petition requirements hereunder.
The Employee Relations Officer shall initially determine whether the Decertification
Petition or Recognition Petition, if any, have been filed in compliance with the applicable
provisions of this Resolution. If his determination is in the negative, he shall offer to
consult thereof with the representative(s) of such petitioning employees or employee -
organization, and if such determination thereafter remains unchanged, shall return such
Petition(s) to the employees or employee organization with a statement of the reasons
therefore in writing. The petitioning employees or employee organization may appeal
such determination in accordance with Section 13 of this Resolution.
If the determination of the Employee Relations Officer is in the affirmative, or if his
negative determination is reversed on appeal, he shall give written notice of such
Decertification of Recognition Petition to the incumbent- Recognized Employee
Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be
held on or about fifteen (15) days after such notice to determine the wishes of unit
employees as to the question of decertification, and if an accompanying Recognition
Petition was duly filed, and, in the event decertification of the incumbent Recognized
Employee Organization is voted, the question of representation. Such election shall be
conducted in conformance with Section 9 of this Resolution.
The cost of any election proceeding under the provisions of this Section shall be borne
entirely by the employee organization(s) challenging the incumbent recognized
employee organization.
An employee organization which displaces another employee organization as a formally
recognized employee organization following an election conducted pursuant to this
Section shall assume any existing Memorandum of Understanding then in effect as a
condition of recognition and said Memorandum of Understanding shall remain'in fall
force and effect for the balance of the term thereof.
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Section 11: Policv and Standards for Determination ofA nrropriate Units
The basic policy objectives in determining the appropriateness of units shall be the effect
of a proposed unit on 1) the efficient operations of the City and its compatibility with the
primary responsibility of the City and its employees to effectively and economically serve
the public and 2) providing employees with effective representation based on recognized
community of interest considerations. These policy objectives require that the
appropriate unit shall be the broadest feasible grouping of positions that share an
identifiable community of interest. Factors to be considered shall be;
Similarity of the general kinds of work performed, types of qualifications required, and
the general working conditions.
History of representation in the City and similar employment; except however, that no
unit shall be deemed to be an appropriate unit solely on the basis of the extent to which
employees in the proposed unit have organized.
The effect of the proposed unit on efficient operations of the City and the compatibility
of the unit with the responsibility of the City and its employees to serve the public.
The effect on the administration of employer-employee relations. created by the
fragmentation of classifications and proliferation of units.
Effect on the classification structure and impact on the stability of the employee
relationship of dividing a single or related classification among two or more units.
Notwithstanding the foregoing, management employees shall only be included in a unit
consisting solely of management employees and confidential employees shall be
included in a unit consisting solely of confidential employees.
When the City establishes new classifications or positions, or modifies the job content of
an existing classification or position, the Employee Relations Officer shall, after notice to
and consultation with all affected employee organizations, determine which, if any,
representation unit shall include such new or modified classification(s) or position(s).
Section 12: Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established appropriate units
may be considered by the Employee Relations Officer only during the period specified in
Section 10 of this Resolution. Such requests shall be submitted in the form of a
Recognition Petition,and, in addition to the requirements set forth in Section 6 of this
Resolution, shall contain a complete statement of all relevant facts and citations in
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support of the proposed modified tmit in Willis of the policies and standards set forth in
Section 11 hereof. The Employee Relations Officer shall process such petitions as other
Recognition petitions under this Resolution.
The Employee Relations Officer may on his motion propose, during the period specified
in Section 10 of this Resolution, that an established unit be modified. The Employee
Relations Officer shall give written notice of the proposed modification(s) to any affected
employee organization and shall Bold a meeting concerning the proposed
modification(s), at which time all affected employee organizations shall be heard.
Thereafter the Employee Relations Officer shall determine the composition of the
appropriate unit or units in accordance with Section 11 of this Resolution, and shall give
written notice of such determination to the affected employee organizations. The
Employee Relations Officer -s determination may be appealed as provided in Section 13
of this Resolution. If a unit is modified pursuant to the motion of the Employee Relations
Officer hereunder, employee organizations may thereafter file Recognition Petitions
seeking to become the Recognized Employee Organization for suchnew appropriate unit
or units pursuant to Section 6 hereof.
Section 13. Appeals
An employee organization aggrieved by an appropriate unit determination of the
Employee Relations Officer under this Resolution may, within ten (10) days of notice
thereof, appeal such determination to the City Council for final decision.
An employee organization aggrieved by a determination of the Employee Relations
Officer that a Recognition Petition (Section 6); Challenging Petition (Section 8) or
Decertification Petition (Section 10) or employees aggrieved by a determination of the
Employee Relations Officer that a Decertification Petition (Section 10) has not been filed
in compliance with the applicable provisions of this Resolution, may, within fifteen (15)
days of notice of such determination, appeal the determination to the City Council for
final decision.
Appeal to the City Council shall be filed in writing with the City Clerk, and a copy thereof
served on the Employee Relations Officer. The City Council shall commence to consider
the matter within thirty (30) days of the filing of the appeal, and shall render a final and
binding decision regarding. the resolution of the disputed issue(s) raised by the appeal
after each party involved has been given an opportunity, during a public meeting, to
present written and oral arguments in support of their respective positions and, if the
City Council so desires, after any future investigation or review of the matter as it may
deem appropriate. The City Council, may, in its discretion, refer the dispute to a third
76 .
party hearing process for the purpose of seeking an advisory determination prior to
making its final decision regarding the resolution of the dispute,
Section 14: Submission of Current Information by Recognized Employ, ee Organizations
All changes in the information filed with the City by a Recognized Employee
Organization under Items 1 through 13 of its Recognition Petition under Section 6 of this
Resolution shall be submitted in writing to the Employee Relations Officer within fifteen
(15) days of such change.
Section 15: Payroll Deductions on Behalf of Emplay_� ee Organizations
Upon formal acknowledgment by the City of a Recognized Employee Organization
under this Resolution, only such Recognized Employee Organization may be provided
payroll deductions of membership dues and insurance premiums for plans sponsored by
such organization upon the written authorization of employees in the unit represented
by Recognized Employee Organization on forms provided therefore by the City. The
providing of such service to the Recognized Employee Organization by the City shall be
contingent upon and in accordance with the provisions of Memorandum of.
Understanding and/or applicable administrative procedures.
Section 16: Employee Organization Activities — Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment and
other resources by employee organizations and those representing them shall be
authorized only to the extent provided for in Memorandum of Understanding and/or
administrative procedures; shall be limited to activities pertaining directly to the
employer-employee relationship and not such internal employee organization business
as soliciting membership, campaigning for office, and organization meetings and
elections; and shall not interfere with the efficiency, safety and security of City operations.
Section 17: Administrative Rules and Procedures
The Employee Relations Officer is hereby authorized to establish such rules and
procedures as appropriate to implement and administer the provisions of this Resolution
after consultation with affected employee organizations.
Section 18: Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in this Resolution, either
party may initiate the impasse procedures by filing with the other party a written request
for an impasse meeting, together with a statement of its position on all disputed issues_
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An impasse meeting shall thenbe scheduled promptly by the Employee Relations Officer.
The purpose of such impasse meeting shall be:
To identify and specify in writing the issue or issues that remain in dispute;
To review the position of the parties in a final effort to resolve such disputed issue or
issues; and
If the dispute is not resolved, to discuss arrangement for the utilization of the impasse
procedures provided herein.
Section 19: Impasse Procedures
Impasse procedures are as follows:
If the parties so agree, the issue or issues at impasse shall be submitted directly to the City
Council for determination.
If they do not agree within seven (7) days following the conclusion of the impasse
meeting set forth in Section 18 above, either partymay submit the impasse to mediation.
All mediation proceeding shall be private and the mediator shall make no public
recommendation, nor take any public position at any time concerning the issues.
If the parties are unable to agree on a mediator after a reasonable period of time, they
shall select the mediator from a list of three names to be provided by the State Conciliation
Service, or if that agency for any reason shall fail to provide such list, by the American
Arbitration Association.
Upon receipt of such list, the parties shall alternately strike names from the list until a
single name remains who shall become the mediator. The priority of striking names shall
alternate from one party to the other each time impasse procedures are invoked by the
sane parties. The employee organization or the City shall commence this process in an
order determined by lot striking the first name from such list of names in any initial
mediation. f
The cost of the mediator, if any, shall be shared equally by both parties.
If the parties have failed to resolve all their disputes through mediation within fifteen (15)
days after the mediator commenced meetings with the parties, the parties may agree to
submit the issues in dispute directly to the City Council. In that event, the City Council
shall finally determine the issues after conducting a public hearing thereon and after such
further investigation of the relevant facts as it may deem appropriate. ,
W
If the parties have exhausted the mediation process, the matter shall be submitted to the
City Council for resolution.
Section 20: Construction
This Resolution shall be administered and construed as follows.
Nothing in this Resolution shall be construed to deny to any person, employee,
organization, the City, or any authorized officer, body or other representative of the City,
the rights, powers and authority granted by Federal or State law or City Charter
provisions.
Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations, or of
giving employees or employee organizations the right to participate in, support,
cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial.
stoppage or slowdown of work or any other interference with the conduct of the City's
operations.
Nothing contained in this Resolution shall abrogate any written Memorandum of
Understanding between any employee organization and the City in effect on the effective
date of this Resolution. All such agreements shall continue in effect for the duration of
the term specified therein unless modified or rescinded by mutual agreement of the
parties thereto.
Whenever written notice is required by this Resolution, such notice shall deem to have
been received on the day immediately following the day on which it was mailed
(excluding Saturdays, Sundays, and holidays on which the offices of the City are closed)
provided the same was sent by first class or certified mail, postage prepaid to the City at
20 Civic Center Plaza, Santa Ana, California 92701, or to any employee organization at its
last address furnished to the City.
Section 21: Severability
In any section, subsection, sentence, clause or phrase of this Resolution, or the application
of such portion to any person or circumstance, shall be held invalid by a decision of any
court of competent jurisdiction, the remainder of this Resolution, or the application of
such portion to persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby. The City Council hereby declares that it would have passed
this Resolution and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any. or more sections, subsections, sentences, clauses or
phrases be declared invalid.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: that
this Resolution shall be operative from and after May 18,1981. ADOPTED this 18th day
of May, 1981, by the following vote.
AYES: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrat
:o,