HomeMy WebLinkAboutItem 22 - MOU: City & Service Employees International Union Local 721 Human Resources
www.santa-ana.org/human-resources
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Memorandum of Understanding between the City of Santa Ana and Service
Employees International Union Local 721, Part-Time Non-Civil Service Unit
AGENDA TITLE:
Approve a Memorandum of Understanding Establishing the Terms and Conditions of
Employment for Classifications Represented by Service Employees International Union
(SEIU), Local 721, Part-Time Non-Civil Service Unit
RECOMMENDED ACTION
Authorize the City Manager to execute a Memorandum of Understanding with Service
Employees International Union Local 721, Part-Time Non-Civil Service Unit regarding
wages, hours, and other terms and conditions of employment effective November 16,
2022 through November 15, 2024, and authorize non-substantive changes which may
be necessary to implement the agreement.
DISCUSSION
The prior Memorandum of Understanding between the City of Santa Ana and Service
Employees International Union (“SEIU”) Local 721, Part-Time Non-Civil Service Unit
(“PTNCS”) expired in June 2017. Since that time, employees represented by SEIU
Local 721 PTNCS Unit have not received any salary adjustments, except for certain
classifications that were impacted by minimum wage increases in 2020. The City
recently reached a tentative agreement with the SEIU PTNCS Unit, on a two (2) year
Memorandum of Understanding effective November 16, 2022 through November 15,
2024. The tentative agreement has been ratified by membership.
The major provisions of the agreement include: salary increases of five percent (5%)
effective the first pay period following City Council approval of the MOU and five percent
(5%) in July 2023; a one-time payment of two thousand dollars ($2,000) for employees
with an original hire date prior to May 1, 2020 and those who have since been rehired,
and a one-time payment of three hundred dollars ($300) for all other employees (who
do not qualify for the one-time two thousand dollar ($2,000) payment); the
establishment of a retirement health savings plan for employees, who will contribute
Memorandum of Understanding between the City of Santa Ana and Service Employees
International Union Local 721, Part-Time Non-Civil Service Unit
November 15, 2022
Page 2
3
0
7
4
three quarters of one percent (0.75%) into the accounts each pay period; and clarifying
language on issues of employment.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The estimated annual cost of the agreement is $502,766 for FY 2022-23, $326,351 for
FY 2023-24, and $122,339 for FY 2024-25, for a total estimated cost of $951,456 over
the term of the agreement. Approximately 75% of part-time staffing costs are borne by
the General Fund. Therefore, the expected fiscal impact to the General Fund is
approximately $377,075 for FY 2022-23, with a similar proportionate impact for the
subsequent fiscal years.
The FY 2022-23 General Fund budget includes an allocation for the additional cost of
labor negotiations within the Non-Departmental section of the budget. With the Midyear
Budget Report in February, staff will propose housekeeping adjustments to move
portions of that Non-Departmental budget to the affected department budgets within the
General Fund.
EXHIBIT(S)
1. Memorandum of Understanding between the City of Santa Ana and Service
Employees International Union Local 721 Part-Time Non-Civil Service Unit
Submitted By: Jason Motsick, Executive Director of Human Resources
Approved By: Kristine Ridge, City Manager
1
NOVEMBER 16, 2022 – NOVEMBER 15, 2024
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721, PART TIME NON CIVIL SERVICE
EMPLOYEE REPRESENTATION UNIT
2
TABLE OF CONTENTS
ARTICLE I ...................................................................................................................................................3
1.0 RECOGNITION............................................................................................................................3
ARTICLE II .................................................................................................................................................3
2.0 NON-DISCRIMINATION............................................................................................................3
ARTICLE III................................................................................................................................................3
3.0 WORKING CONDITIONS...........................................................................................................3
ARTICLE IV ................................................................................................................................................4
4.0 COMPENSATION AND OVERTIME.........................................................................................4
ARTICLE V .................................................................................................................................................8
5.0 UNION TRUST & INSURANCE.................................................................................................8
ARTICLE IV ................................................................................................................................................9
6.0 CITY PAID TRAINING/INSTRUCTION....................................................................................9
ARTICLE VII ..............................................................................................................................................9
7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS......................................................9
ARTICLE VIII ...........................................................................................................................................10
8.0 MISCELLANEOUS PROVISIONS............................................................................................10
ARTICLE IX ..............................................................................................................................................12
9.0 GRIEVANCE PROCEDURE......................................................................................................12
ARTICLE X ...............................................................................................................................................14
10.0 DUES DEDUCTION & INDEMNIFICATION..........................................................................14
ARTICLE XI ..............................................................................................................................................14
11.0 CITY RIGHTS.............................................................................................................................14
ARTICLE XII ............................................................................................................................................16
12.0 EMERGENCY WAIVER PROVISION.....................................................................................16
ARTICLE XIII ...........................................................................................................................................16
13.0 SEPARABILITY PROVISION...................................................................................................16
ARTICLE XIV ...........................................................................................................................................16
14.0 EMPLOYEE ORIENTATION....................................................................................................16
ARTICLE XV ............................................................................................................................................17
15.0 TERM OF AGREEMENT...........................................................................................................17
EXHIBIT A ................................................................................................................................................20
3
ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section
3500, et seq., the City of Santa Ana (hereinafter called the “City”) has recognized Santa
Ana City Employees, Chapter 1939/Service Employees International Union Local 721,
(hereinafter called the “Union”) as the exclusive representative of the representation unit
which includes part time personnel employed by the City as defined in Section 1.2 of this
Memorandum of Understanding (hereinafter called the “MOU”).
1.2 The Union represents employees in the classifications listed in Exhibit A of this MOU.
1.3 Per Article X, Section 1002 of the City Charter of the City of Santa Ana, all Part Time
positions or employments requiring less than twenty (20) regular hours of employment per
week are in the “Excepted Service” of the City. Employees in this unit are part of the
Excepted Service and are not covered by the City’s Civil Service System. Nothing in this
MOU shall be deemed to confer any vested rights or rights greater than those provided in
the Charter or ordinances of the City to employees in the unit.
ARTICLE II
2.0 NON-DISCRIMINATION
2.1 The City and the Union agree that they shall not discriminate against any employee because
of political affiliation, union activities, union membership, union leadership roles, 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, status as a part-time worker, and other protected classifications as defined by the
California Fair Employment and Housing Act (FEHA).
ARTICLE III
3.0 WORKING CONDITIONS
3.1 Hours of Work. The Department Head, or his or her designee shall determine the number
of hours of work per day and work which any employee may be required to work, or
whether such Part Time employee shall work at all.
A. Rest Period. A paid rest period of fifteen (15) minutes may be granted during each
work period of four (4) or more consecutive work hours, subject to the operational
needs and staffing requirements of the department during that period.
4
B. Meal Period. Part Time employees who are scheduled to work and who work a
minimum of six (6) hours in a day shall be entitled to an unpaid lunch period of
one-half (½) hour. Such non-paid lunch periods shall be scheduled at or about the
midpoint of each work shift.
3.2 Maximum Hour Limits. Employees are limited to a maximum of twenty (20) hours of work
per week except when an employee is placed on emergency appointment.
A. Employees who are not members of the California Public Employees Retirement
System (CalPERS) are limited to a maximum of nine hundred and ninety-nine (999)
hours per fiscal year (July 1 each year through June 30 of the following year).
B. Part time employees who are members of CalPERS may work up to a maximum of
1040 hours per fiscal year.
The City will provide timely notification to Part Time employees prior to the attainment of
their maximum annual limit of work hours, but failure to provide such notification shall
not be the basis for any liability of the City.
3.3 Sub-Contracting. In the event the City decides to sub-contract the work currently
performed by bargaining unit employees it will provide notice and an opportunity to meet
and confer to the Union.
ARTICLE IV
4.0 COMPENSATION AND OVERTIME
4.1 Wage Rate Schedule. The wage rates for the designated class titles for employees in the
unit are set forth in Exhibit A.
Effective on the first day of the pay period following City Council approval of this MOU,
the base salaries for all employees in the bargaining unit will be increased by five percent
(5.00%).
Effective on the first day of the pay period following July 1, 2023, the base salaries for all
employees in the bargaining unit will be increased by five percent (5.00%).
All employees in the bargaining unit as of City Council approval of the MOU with an
original hire date prior to May 1, 2020, and for those who have been since re-hired who
are active in the unit will receive a one-time payment of two thousand dollars ($2,000.00).
At the same time, all other active employees in the unit who do not qualify for the one two
thousand dollar ($2,000.00) one-time payment, shall receive a one-time payment of three
hundred dollars ($300.00). The payment will be made as soon as practicable but no later
than sixty (60) days of approval of the MOU.
5
4.2 Compensation for Hours Worked. An employee’s paycheck shall reflect the actual hours
worked during that pay period.
A. Adjustment of Time Sheets. The Employee must be given an explanation of any
changes to his/her time sheet within 24 hours of any change.
B. Pay Day: If an employee’s timesheet and/or paycheck payroll record (i.e.,
electronic payroll entries) is not processed in the applicable designated pay period
and the employee is not at fault for improperly submitting paperwork, the employee
may request a special paycheck to be paid within five business days of the regular
pay day. The employee must verify that they have submitted the proper paperwork
by the department payroll deadline and the Department will have the opportunity
to review the claim. Upon confirming the employee is not at fault, the special
paycheck will be produced within five business days.
4.3 Initial Wage Rate.
The initial wage rate for new employees covered by this MOU shall be the lowest rate
assigned to the class title in the Wage Rate Schedule (Exhibit A) to which the employee is
appointed; provided, however, the Appointing Authority may appoint a new employee at
a higher step in the applicable wage rate range assigned to the class title if there has been
unusual difficulty in recruiting competent employees at the lowest rate, or the higher initial
rate selected is commensurate with the education and experience of the appointee.
4.4 Advancement within Ranges.
Employees shall advance steps within their wage range (e.g., from Step A to Step B and
from Step B to C, etc.) after completing 1040 hours of work (which includes, hours paid
for sick leave, jury duty and work on a holiday) at each step. Employees shall move to the
next Step on the range effective the first day of the pay period following the date of
completion of 1040 work hours until they are at top step (Step E).
4.5 Bilingual Pay. An employee who is assigned by a Department Head or his or her designee
to a position requiring bilingual capability in both English and any other language, shall be
paid an hourly assignment pay differential in accordance with the criteria and amounts set
forth below:
A. Certification by the Executive Director of Human Resources or designee, as having
satisfactorily demonstrated conversational fluency in both languages for any
position requiring bilingual capability.
B. Positions where it has been determined by the Department Head that bilingual
proficiency is essential to carry out duties and responsibilities of a critical and/or
6
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. Employees in
such positions shall be paid in a differential of one dollar and one cent ($1.01) per
hour starting in the pay period after the employee is approved for bilingual pay.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not major,
essential, or integral element of the work, shall be designated as a Secondary
Bilingual Assignment. Employees in such position shall be paid a differential of
twenty-three cents ($.23) per hour starting in the pay period after the employee is
approved for bilingual pay.
D. The City may require periodic recertification of bilingual capability.
4.6 Deferred Compensation Retirement. The City has adopted a qualified retirement plan for
all employees in the unit not covered by CalPERS to comply with the Omnibus Budget
Reconciliation Act of 1990. This plan is a qualified Section 457 Deferred Compensation
Plan. This Plan is currently set up through the Public Agency Retirement Services (PARS).
A. Employees covered by this pan (i.e., all employees in the unit who are not enrolled
in CalPERS) shall be required to contribute 3.75% of their wages into the Plan.
B. The City agrees to contribute 3.75% of all employees’ (enrolled in this plan and not
in CalPERS) wages into the employees’ retirement plan.
C. If, at any time in the future, it is determined by the Internal Revenue Service, a court
or a change in the law that this plan does not qualify as a qualified alternative
retirement system to Social Security coverage, the City shall discontinue its
contributions into the plan for employees in the plan. The City shall not assume
responsibility for the payment of any back taxes due for Social Security coverage
or for payments to any other qualified retirement plan except for those payments
mandated by law to be paid for by an employer.
D. Employees Covered By CalPERS. Employees who are required to be enrolled in
the California Public Employees’ Retirement System (CalPERS) because they
work in excess of 999 hours in any fiscal year are subject to the following:
Miscellaneous members who do not qualify as “New Members” under the
California Public Employees’ Pension Reform Act of 2013 (PEPRA), shall be
enrolled in the 2.7% @ 55 benefit formula per Government Code section 21354.5
and shall pay the 8% member contribution. “New members” as defined by PEPRA
will be enrolled in the 2% @ 62 benefit formula per Government Code section
7
7522.20(a) paying one half of the normal cost rate, as established each year by
CalPERS.
E. The City at no time shall be required to pay contributions to the two separate
retirement systems provided to employees in this unit – (for example CalPERS and
PARS). Employees in this unit are either members of CalPERS or PARS, not both.
However, employees in this unit may participate in the voluntary 457 Deferred
Compensation Plan.
4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the employee
to overtime compensation, at a rate equal to one and one-half (1 ½) times the employee’s
regular hourly rate of pay.
A. Employees who work overnight trips and remain available for duty for any 24 hour
period shall be paid for 16 hours each 24 hour period.
B. Any partial day worked shall be paid based on actual hours worked on that day.
4.8 Holidays. Employees who are required to work on an official City holiday will be
compensated at time and one-half (1.5x) for all hours worked. In those years when an
employee works on July 4th but the City observes the holiday on July 3rd, that employee
will be compensated at time and one-half (1.5x) for all hours worked on the July 4th. If an
employee works both July 3rd and July 4th they will only receive the time and one-half
compensation for one of those days.
4.9 Report Pay. Any employee who reports to work for a scheduled shift of 2 hours or more,
but is dismissed prior to the completion of 2 hours, shall be compensated for a total of 2
hours.
4.10 Callback Pay. An employee required to report to work when not scheduled, will receive a
minimum 1 hour of pay.
4.11 Paid Leave Time. Employees shall be allowed paid time off if any of the following occur
during their regular work hours: City conducted job examinations/interviews, jury duty and
if subpoenaed as a witness in City related litigation.
4.12 Paid Sick Leave. Employees accrue paid sick leave hours and utilize such time for purposes
defined by California’s Healthy Workplaces/Healthy Families Act of 2014.
All employees in the unit may accrue up to 24 hours of sick leave per calendar year
(employees accrue one (1) hour for each 30 hours worked up to 24 hours per calendar year)
with a maximum accrual of 48 hours. Any unused accrued sick leave shall carry over to
the following year of employment per Labor Code section 246(d). Each employee can use
8
accrued sick leave time beginning the 90th day of employment. If sick leave abuse is
suspected, an employee may be required to produce a physician certificate verifying that
the employee was sick. Employees may use any of their accrued sick leave as defined by
law.
Employees may use up to fifty percent (50%) of the total leave time available for use in a
calendar year for personal necessity. Personal necessity is defined as follows: 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)
to attend to medical or dental appointments for members of the employee’s household; e)
when the existence of external circumstances beyond the employee’s control make it
impossible for him or her to report for duty.
4.13 Pregnancy Disability Leave. Employees are covered by the Pregnancy Disability Leave
Act which includes the ability to receive up to four months of leave for pregnancy
disability.
ARTICLE V
5.0 UNION TRUST & INSURANCE
5.1 Union Trust Fund. The Union established a trust fund to reimburse active unit employees
for certain benefits. The eligibility criteria and benefit levels have been developed,
administered and managed solely by the union.
The Trust Fund was established in accordance with federal and state laws and the Union
shall defend and indemnify the City for any claims regarding the administration of, or the
payment of, benefits arising out the administration of the Trust Fund. The Union may
elect to cover the costs of establishing and administering the Trust from the City’s
allocation.
The City will set aside the sum of $200,000 on an annual basis to the fund administered
by the Union. Annual payments will be made by February 1st of each year.
5.2 Insurance Benefits. Employees may voluntarily participate in the insurance programs
offered by the Union’s Benefit Trust through payroll deduction.
5.3 Retirement Health Savings (RHS) Plan.
Effective in the pay period following City Council approval of this MOU, employees shall
participate in the City’s RHS Plan. Three quarters of one percent (.75%) will be deducted
from each employee’s base pay and deposited into their individual RHS account each pay
period. This contribution shall be made on a pre-tax basis.
9
ARTICLE IV
6.0 CITY PAID TRAINING/INSTRUCTION
6.1 The City will provide the necessary training and orientation so that new employees are
advised of City-wide policies and procedures and those relating to their assigned work unit.
If an employee is required by his or her Department Head to attend a workshop, seminar,
conference or similar training/educational activity, the cost of the training shall be paid by
the City and the employee shall be paid for his/her time in the training as hours worked.
The employee may be relieved of their work duties during the training.
ARTICLE VII
7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS
7.1 Uniform Maintenance. All employees who are required by the City to wear a uniform
while on duty shall be provided a sufficient number of clean uniforms per fiscal year at no
cost to the employee. Employees may request additional uniforms based on operational
need or to replace worn uniforms with uniforms that are in good condition. The
Department shall make a reasonable effort to accommodate all such requests. The City
shall provide weather gear (hat, rain gear, rain boots, and a plastic water bottle) for field
personnel.
7.2 Safety Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per eligible
employee, for the purchase and/or repair of approved safety shoes/boots. The
option of purchase and/or repair shall be at the sole discretion of the employee.
B. All safety shoes/boots purchased under this program must meet the requirements
under the American Society for Testing and Materials (ASTM) F 2412-05 and F
2413-05.
C. If a particular class is designated as required 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 Department Head (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 Executive Director of Human Resources or designee.
10
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.
7.3 Tool Reimbursement Policy. Unit employees with at least one year of service, who are
assigned to fleet and are required to use their own tools, will receive a tool reimbursement
up to $500 per fiscal year.
ARTICLE VIII
8.0 MISCELLANEOUS PROVISIONS
8.1 During the term of this Agreement:
A. Personnel rules and regulations and departmental rules and regulations exist within
the City. These rules and regulations shall be continued to the extent they do not
conflict with 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 shall
be changed to conflict with provisions of this MOU.
B. If any employee with less than five years of service (5200 hours) is terminated from
employment with the City, he or she may request a review of the action with the
Department head or designee prior to the effective date of the action. Said meeting
shall be held prior to the effective date of the action.
If any employee with at least five (5) years of service (5200 hours) is scheduled to
be terminated from employment with the City, he or she may request a review of
the action with the Department Head or designee and said meeting will take place
prior to the effective date of the termination. Employees may request further review
of the action and the Department Head’s response from the City Manager or his/her
designee prior to the termination date.
C. Union Release Time for Union Officials, Board Members, and Employee
Representatives.
1) The City’s Executive Director of Human Resources or designee shall be
provided with a list of names and classification titles of the employees serving
as the Union’s Board members, Officers, and Employee Representatives. Such
Board members, Officers, and Employee Representatives shall be considered
work site representatives.
11
2) During the term of this MOU, the City agrees to grant a up to a total of fifty
(50) hours per fiscal year which cannot be carried over to another fiscal year if
not used, to this bargaining unit to allow its work site representatives, without
loss of pay, to perform the responsibilities of their positions as follows: the
investigation and processing of grievances, including representation at all levels
of the grievance procedure; meetings with Department Heads involving the
termination of employees, and joint labor-management meetings.
3) Work site representatives shall make advance arrangements with their
supervisors prior to absenting themselves for such purposes and shall be
required by the City to record and report to their supervisors on the work time
spent in assisting other employees or on Union business, as defined in #2 above.
Such time shall be recorded as “union representative time.”
4) 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.
D. Executive Board Member’s Union Release Time.
1) The City’s Executive Director of Human Resources or designee shall be
provided with the name and classification title of the unit employee serving as
the Union’s Executive Board Member.
2) One (1) designated SEIU Local 721 Executive Board Member shall be allowed
up to 20 hours per year without loss of pay and benefits to perform the
responsibilities, of his/her position.
3) The Union shall reimburse the City for 100% of the salary, including any
premium payments and benefit costs for Union Release Time.
4) The Union agrees to pay for Union Release Time within thirty (30) days of
receiving the bill from the City.
5) The Executive Board Member shall make advance arrangements with his or her
supervisor prior to absenting him or herself from work related to his or her
union responsibilities and shall be required by the City to record and report to
his or her supervisor on the work time spent in Union Release Time. Such time
shall be recorded as “union release time.”
12
E. If, at some point in the future, the President for the SEIU 721/Association
bargaining unit is elected from the Part Time Non-Civil Service category of
employment, then all rights and privileges pertaining to President’s leave shall
apply.
F. Electronic Time keeping. The City agrees to meet and confer over the impacts of
its decision when and if it desires to implement an electronic time keeping system.
G. Promotional Opportunities. The City shall give employees in this unit the
opportunity to apply for full-time “open,” “open and promotional,” and “restricted”
positions.
H. Expense Reimbursement. The City shall reimburse employees for any pre-
approved work-related expenses.
ARTICLE IX
9.0 GRIEVANCE PROCEDURE
9.1 Nothing in this grievance procedure shall be deemed to confer any vested rights or rights
greater than those provided in the Charter or ordinances of the City of Santa Ana to
employees in this unit.
9.2 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 MOU, and/or the City’s personnel and/or departmental rules
applicable to Unit employees.
No employee shall suffer any reprisal because of filing or processing of a grievance or
participation in the Grievance Review Procedure.
9.3 Informal Process – First Step.
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) calendar 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.
13
C. In order that this informal procedure may be responsive, both parties involved shall
expedite this process. If, within fifteen (15) calendar 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 nature of the action desired, sign it, and submit it in duplicate to the
employee’s Department Head. 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) calendar 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
mid-level manager or above shall not become precedence or be used to establish
past practice regarding implementation, interpretation, or application of this MOU.
9.4 Formal Process.
A. Second Step. The Department head, 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 Department
Head. The Department Head, 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) calendar days after the meeting.
B. Third Step. If 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 shall
constitute a waiver and bar to the grievance, and the grievance shall 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)
calendar 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) calendar days after the meeting.
14
9.5 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.
ARTICLE X
10.0 DUES DEDUCTION & INDEMNIFICATION
10.1 Union Dues.
When an employee is hired they shall participate in an employee orientation process with
the Union. If following the employee orientation process, the employee returns an
Authorization form authorizing the deduction of union dues, the City shall initiate the
payroll deduction of Union dues, beginning the first pay period of employment if returned
within three calendar (3) days of the orientation or effective on the next pay period if
returned any other time.
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 provisions herein.
In no event shall the City be required to pay from its own funds, Union Dues, which the
employee was obligated to pay, but failed to pay, regardless of the reasons.
ARTICLE XI
11.0 CITY RIGHTS
11.1 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 MOU
or by law to manage the City, as such rights existed prior to the execution of this MOU.
The sole and exclusive rights of Management, as they are not abridged by this MOU 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, technology, and extent of services to be
provided to the public.
15
E. To determine methods of financing.
F. To determine types of equipment and/or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of
the work force 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.
J. 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 MOU.
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 MOU.
O. To determine policies, procedures, and standards for selection and 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 MOU.
16
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
11.2 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 MOU.
ARTICLE XII
12.0 EMERGENCY WAIVER PROVISION
12.1 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 MOU and/or personnel and/or departmental rules applicable to unit employees,
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 MOU shall be
effective 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 MOU during
the course of the emergency.
ARTICLE XIII
13.0 SEPARABILITY PROVISION
13.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect, 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.
ARTICLE XIV
14.0 EMPLOYEE ORIENTATION
Each new employee shall be scheduled to attend an orientation. The City shall provide the Union
with no less than ten (10) calendar days' advance written notice of the date, time and location of
the orientation. The City may provide shorter notice only in a specific instance where there is an
urgent need critical to the City's operations that was not reasonably foreseeable. Such notice shall
be sent to the Union via an email to membership@seiu721.org, the designated SEIU Worksite
17
Organizer, and the Chapter President. The notice shall also include the new employee's name,
employee identification number (if assigned yet), and job title.
After receiving notice of each employee orientation, the Union will inform Human Resources as
to whether an SEIU representative will or will not attend.
If an SEIU representative will not be able to attend the scheduled employee orientation, the Union
may deliver union related documents contained within an envelope or welcome packet for each
new employee for Human Resources staff to hand to the new employee at the orientation. The City
will not discuss or answer questions related to these documents other than to inform the new
employee that they are from the union that exclusively represents his/her classification. In addition,
the employee will be informed that if he/she has any questions regarding the documents and/or
union, he/she should contact his/her Union representative.
If the Union informs the City that an SEIU representative will attend the employee orientation, the
City agrees to provide each new employee with up to thirty (30) minutes, while remaining on paid
duty time, to meet with his/her union representative during the orientation. No management
representative shall be present during the Union's presentation of the employee orientation. In the
event the union representative providing the orientation is an employee of the City (i.e., Chapter
President, union officer, worksite leader, or steward), he/she shall also be provided with up to
thirty (30) minutes of paid release time in which to conduct the union's portion of the orientation.
No more than one (1) City employee at a time shall be released to conduct the Union's presentation
during the orientation.
ARTICLE XV
15.0 TERM OF AGREEMENT
15.1 This MOU will expire on November 15, 2024. The City is willing to begin negotiations
for a successor MOU by March 1, 2024 if requested by February 1, 2024 by the union. If
the union makes a request after February 1, 2024, the City agrees to begin negotiations
within thirty (30) days of the request to bargain from the union.
18
CITY OF SANTA ANA, A Municipal
Corporation of the State of California
Dated:By:
MAYOR
Dated:By:
CITY MANAGER
Dated:By:
EXECUTIVE DIRECTOR OF
HUMAN RESOURCES
ATTEST:APPROVED AS TO FORM:
CLERK OF THE COUNCIL Peter Brown
Labor Attorney
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
1939/Service Employees International Union Local 721, Part Time Employees Representation
Unit.
Dated:
Kristin Aldridge
Chief Negotiator
Dated:By:
Monica Suter
SEIU President
19
Dated:
Renee Hernandez
Board Member
Dated:By:
Carmen Acosta
Board Member
20
SEIU PART-TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 26, 2022
EXHIBIT A
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Account Clerk I 09041 20.48 21.47 22.54 23.68 24.85
Account Clerk II 09042 22.65 23.77 24.99 26.21 27.52
Administrative Aide 09770 25.96 27.26 28.61 30.05 31.55
Animal Keeper 09000 16.31 17.13 17.99 18.89 19.83
Building Maintenance Assistant 09215 22.31 23.42 24.59 25.85 27.10
Cashier 09040 15.86 16.65 17.48 18.35 19.27
Clerical Aide 09060 16.17 16.99 17.80 18.69 19.62
Clerk Typist 09090 21.21 22.27 23.38 24.55 25.78
Combination Inspector 09800 31.71 33.27 34.97 36.70 38.56
Community Center Aide 09100 21.20 22.26 23.37 24.54 25.77
Computer Technician 09690 20.63 21.66 22.75 23.90 25.11
Customer Service Clerk 09780 21.26 22.31 23.43 24.60 25.85
Data Entry Clerk 09120 17.63 18.52 19.48 20.43 21.46
Engineering Apprentice 09471 21.81 22.90 24.05 25.25 26.51
Equip. Svc. Attendant 09140 19.85 20.81 21.89 22.94 24.12
Information Desk Clerk 09755 17.80 18.69 19.62 20.60 21.63
Janitor 09170 16.26 17.07 17.92 18.82 19.78
Library Associate 09271 19.91 20.91 21.95 23.06 24.22
Library Clerk I 09200 16.59 17.40 18.28 19.22 20.15
Library Clerk II 09210 18.38 19.29 20.23 21.26 22.31
Maintenance Attendant 09230 15.75 16.54 17.09 17.94 18.84
Mobile Library Clerk 09280 20.21 21.26 22.29 23.42 24.59
Municipal Utility Reader/Collector 09775 20.34 21.36 22.41 23.54 24.72
Page 09290 15.75 16.54 17.09 17.94 18.84
Park Maintenance Assistant 09300 17.23 18.10 19.02 19.97 20.98
Park Ranger (Part Time)03615 28.60 30.04 31.53 33.13 34.80
Permit Parking Aide 09505 21.95 23.05 24.22 25.41 26.68
Planning Technician 09135 26.08 27.37 28.75 30.19 31.71
Police Records Clerk 09330 19.28 20.21 21.26 22.29 23.42
Police Supply Clerk 09340 19.33 20.30 21.32 22.39 23.51
Program Coordinator 08160 19.23 20.19 21.20 22.26 23.37
Program Leader 09360 15.82 16.61 17.44 18.31 19.23
Purchasing Clerk 09720 20.39 21.41 22.50 23.61 24.78
Recreation Facility Attendant 09395 17.23 18.10 19.02 19.97 20.98
Right-of-Way Technician 09900 16.40 17.23 18.12 19.01 19.93
21
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Senior Clerical Aide 09070 17.80 18.69 19.62 20.60 21.63
Senior Library Associate 09270 21.14 22.19 23.28 24.47 25.68
Senior Program Leader 09400 16.61 17.44 18.31 19.23 20.19
Special Events Leader I 09430 16.21 17.02 17.87 18.76 19.70
Special Events Leader II 09440 19.78 20.77 21.81 22.90 24.05
Sr. Maintenance Aide 09250 15.88 16.66 17.49 18.38 19.30
Sr. Maintenance Worker 09260 19.30 20.27 21.28 22.34 23.46
Sr. Special Emp. Counselor 08370 16.40 17.23 18.12 19.01 19.93
Sr. Tutor 08410 18.98 19.93 20.93 21.92 23.02
Stores Aide 09460 18.93 19.89 20.85 21.91 22.98
Tutor 08420 16.40 17.22 18.08 18.98 19.93
Water Conservation Representative 09960 16.75 17.58 18.45 19.37 20.38
22
SEIU PART-TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 2, 2023
EXHIBIT A
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Account Clerk I 09041 21.50 22.54 23.67 24.86 26.09
Account Clerk II 09042 23.78 24.96 26.24 27.52 28.90
Administrative Aide 09770 27.26 28.62 30.04 31.55 33.13
Animal Keeper 09000 17.13 17.99 18.89 19.83 20.82
Building Maintenance Assistant 09215 23.43 24.59 25.82 27.14 28.46
Cashier 09040 16.65 17.48 18.35 19.27 20.23
Clerical Aide 09060 16.98 17.84 18.69 19.62 20.60
Clerk Typist 09090 22.27 23.38 24.55 25.78 27.07
Combination Inspector 09800 33.30 34.93 36.72 38.54 40.49
Community Center Aide 09100 22.26 23.37 24.54 25.77 27.06
Computer Technician 09690 21.66 22.74 23.89 25.10 26.37
Customer Service Clerk 09780 22.32 23.43 24.60 25.83 27.14
Data Entry Clerk 09120 18.51 19.45 20.45 21.45 22.53
Engineering Apprentice 09471 22.90 24.05 25.25 26.51 27.84
Equip. Svc. Attendant 09140 20.84 21.85 22.98 24.09 25.33
Information Desk Clerk 09755 18.69 19.62 20.60 21.63 22.71
Janitor 09170 17.07 17.92 18.82 19.76 20.77
Library Associate 09271 20.91 21.96 23.05 24.21 25.43
Library Clerk I 09200 17.42 18.27 19.19 20.18 21.16
Library Clerk II 09210 19.30 20.25 21.24 22.32 23.43
Maintenance Attendant 09230 16.54 17.37 17.94 18.84 19.78
Mobile Library Clerk 09280 21.22 22.32 23.40 24.59 25.82
Municipal Utility Reader/Collector 09775 21.36 22.43 23.53 24.72 25.96
Page 09290 16.54 17.37 17.94 18.84 19.78
Park Maintenance Assistant 09300 18.09 19.01 19.97 20.97 22.03
Park Ranger (Part Time)03615 30.03 31.54 33.11 34.79 36.54
Permit Parking Aide 09505 23.05 24.20 25.43 26.68 28.01
Planning Technician 09135 27.38 28.74 30.19 31.70 33.30
Police Records Clerk 09330 20.24 21.22 22.32 23.40 24.59
Police Supply Clerk 09340 20.30 21.32 22.39 23.51 24.69
Program Coordinator 08160 20.19 21.20 22.26 23.37 24.54
Program Leader 09360 16.61 17.44 18.31 19.23 20.19
Purchasing Clerk 09720 21.41 22.48 23.63 24.79 26.02
Recreation Facility Attendant 09395 18.09 19.01 19.97 20.97 22.03
Right-of-Way Technician 09900 17.22 18.09 19.03 19.96 20.93
23
JOB TITLE
JOB
CODE STEP A STEP B STEP C STEP D STEP E
Senior Clerical Aide 09070 18.69 19.62 20.60 21.63 22.71
Senior Library Associate 09270 22.20 23.30 24.44 25.69 26.96
Senior Program Leader 09400 17.44 18.31 19.23 20.19 21.20
Special Events Leader I 09430 17.02 17.87 18.76 19.70 20.69
Special Events Leader II 09440 20.77 21.81 22.90 24.05 25.25
Sr. Maintenance Aide 09250 16.67 17.49 18.36 19.30 20.27
Sr. Maintenance Worker 09260 20.27 21.28 22.34 23.46 24.63
Sr. Special Emp. Counselor 08370 17.22 18.09 19.03 19.96 20.93
Sr. Tutor 08410 19.93 20.93 21.98 23.02 24.17
Stores Aide 09460 19.88 20.88 21.89 23.01 24.13
Tutor 08420 17.22 18.08 18.98 19.93 20.93
Water Conservation Representative 09960 17.59 18.46 19.37 20.34 21.40