HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1991-1992) CC' PS
MEMORANDUM OF UNDERSTANDING P
BETWEEN THE CITY OF SANTA ANA AND CA •
THE SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 1939, AFL-CIO, CLC, PART-TIME EMPLOYEES'
REPRESENTATION UNIT FOR CALENDAR MONTHS
JULY 1, 1991 THROUGH APRIL 30, 1992
ARTICLE I - RECOGNITION
Section 1. Pursuant to provisions of the Meyers-Milias-Brown
Act, Government Code Section 3500, et. seq. , the City of Santa Ana
(hereinafter called the "City") has recognized the Service
Employees International Union, Local 1939, AFL-CIO, CLC,
(hereinafter called the "Union") as the exclusive representative of
the representation unit which includes Crossing Guards and certain
part-time personnel employed by the City of Santa Ana in
classifications listed in Article IV of this Agreement.
Section 2 . To be eligible for representation by this part-
time employee representation unit, employees must be employed as a
Crossing Guard or have worked in some other paid part-time capacity
for at least nine hundred (900) hours and a minimum of nine (9)
months per year.
Section 3 . In accordance with 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 and Crossing Guards are in the "excepted
service" of the City, that is, not covered by the Civil Service
System of the City. Nothing in this Agreement 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
the representation unit.
ARTICLE II - NONDISCRIMINATION
Section 1. The City and the Union agree that they shall not
discriminate against any employee because of race, color, sex, age,
national origin or alienage, political or religious opinions or
affiliations, or union membership, and that all jobs are open to
males and females. The City and the Union shall reopen any
provision of this Agreement 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 Agreement in compliance with State or Federal
anti-discrimination laws.
1
Section 2 . Whenever reference is made to the masculine gender
it shall be understood to include the feminine gender, unless
expressly stated otherwise.
ARTICLE III - WORKING CONDITIONS
Section 1. Hours of Work. The Department Head, or his or her
designee, subject to regulation and control by the City Manager,
shall determine the number of hours of work per day and work week
which Crossing Guards and any other part-time employee may be
required to work, or whether such part-time employee shall work at
all.
A. Rest Period. A paid rest period of ten (10) minutes
duration may be granted during each work period of four (4) or more
hours, subject to the operational needs and staffing requirements
of the department during that period.
B. Meal Period. Crossing Guards and other part-time
employees who are scheduled to work and who work a minimum of seven
and one-half (7-1/2) hours in a day shall be entitled to a non-paid
lunch period on one-half (1/2) hour. Such non-paid lunch periods
shall be scheduled at or about the midpoint of each work shift.
Section 2 . Maximum Hour Limits. Except for Crossing Guards,
part-time employees are limited to a maximum of twenty (20) hours
of work per week. Crossing Guards and other part-time employees
are limited to a maximum of nine hundred and ninety-nine (999)
hours per fiscal year (e.g. , July 1st each year through June 30th
of the following 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.
Section 3 . Public Relations. The parties agree that the
image of the public employee in the community must be maintained if
high levels of employee morale are to be achieved. To this end,
the parties agree to mutually pledge their best efforts over the
life of this Agreement to continuously encourage employees to be
courteous, helpful and industrious in all their public contacts and
when in public view during the full duty period.
Section 4 . Health and Safety. The parties agree that
industrial health and safety are mutual concerns of the City and of
the Union. The City and the employees covered by this Agreement
agree to comply with all applicable Federal, State and local laws,
and City of Santa Ana regulations, which pertain to health and
safety. The Union agrees to encourage employees to work safely and
efficiently.
2
ARTICLE IV - COMPENSATION PLAN
Section 1. Wage Rate Schedule. The wage rates for designated
class titles to which Crossing Guards and other part-time employees
covered by this Agreement are attached as Exhibit A. The wage
increases will become effective with the City Council's approval of
the Part-time Employees' Memorandum of Understanding.
Section 2 . Initial Wage Rate. The initial wage rate for new
employees covered by this Agreement shall be the lowest rate
assigned to the class title in the above Wage Rate Schedule 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. An employee
shall be entitled to advance to the next higher step, if any, in
the rate range assigned to his or her class title in accordance
with further provisions of this Article.
Section 3. Advancement Within Ranges.
A. Crossing Guards and other part-time employees shall
be entitled to advance from Step A to Step B after completing 1,040
hours of work, effective the first day of the pay period next
following the date of completion of said number of work hours.
B. Progression to successively higher steps shall be in
accordance with the following schedule:
o Step B to Step C, after completion of 1, 040 hours
of work at Step B;
o Step C to Step D, after completion of 1, 040 hours
of work at Step C;
o Step D to Step E, after completion of 1, 040 hours
of work at Step D.
The effective date of an increase to a higher step shall
be the first day of the pay period next following the date of
completion of the specified number of work hours required for
advancement.
Section 4 . Bilingual Pay. A Crossing Guard or other part-
time employee who is assigned by a department head or his or her
designee to a position requiring bilingual capability in both
English and either Spanish, Samoan, Vietnamese or other languages
designated by the City Manager, will be paid an hourly assignment
pay differential in accordance with the criteria and amounts set
forth below:
3
A. Certification by the chief personnel officer 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 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, will be designated as Primary
Bilingual Assignments. Effective pay period September 16-30, 1989,
a qualified incumbent of such position will be paid a differential
of forty-three cents ($0.43) per hour above his or her base hourly
rate.
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 a major, essential
or integral element of the work, will be designated as a Secondary
Bilingual Assignments. Effective pay period September 16-30, 1989,
a qualified incumbent of such position will be paid a differential
of twenty-three cents ($0.23) per hour above his or her base hourly
rate.
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 department head and the City
Manager.
E. There shall be periodic recertification of such
bilingual capability.
Section 5. Deferred Compensation.
The City and the Union agree that the City shall adopt a
qualified retirement plan such as Section 457 Deferred Compensation
Plan as the vehicle to provide a qualified retirement plan mandated
by federal law, the Omnibus Budget Reconciliation Act of 1990, for
all part-time, temporary and emergency employees represented by the
Union who are not now covered by the City's retirement program or
by Social Security.
The City and the Union further agree that all such employees
will be required to contribute 3.75% of their wages into the city-
adopted qualified retirement plans such as Section 457 Deferred
Compensation Plan.
The City agrees to contribute 3 .75% of all such employees'
wages into employees' retirement plan.
4
1 I
If, at any time in the future, the Internal Revenue Service
rules that the adopted retirement plan does not meet federal
requirements as a qualified alternative retirement system to Social
Security coverage, the City will discontinue its contributions into
said plan for affected employees and will not assume responsibility
for the payment of any back taxes due for Social Security coverage
or for payments to any other qualified retirement plan for affected
employees except for those payments mandated by law to be paid for
by an employer.
The City at no time will be required to pay contributions to
two separate retirement systems.
ARTICLE V - CITY-PAID TRAINING/INSTRUCTION
If a part-time employee is required by his or her department
head to attend a workshop, seminar, conference or similar
training/educational activity, the expense, if any, shall be borne
entirely by the department.
ARTICLE VI - UNIFORM MAINTENANCE
All employees covered by this agreement who are required by
the City to wear a uniform while on duty shall be provided the
number of sets of clean uniforms as specified by the department
head at no cost to the employees.
ARTICLE VII - GRIEVANCE REVIEW PROCEDURE
Section i. 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 representation unit.
Section 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 Agreement, 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.
Section 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
5
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 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) 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 mid-level manager or above shall not
become precedence or be used to establish past practice regarding
implementation, interpretation, or application of this Agreement.
Section 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) working days after said 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 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
6
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 duly authorized representative, and of the City Manager's or
his representative's written decision shall be filed in the
Personnel Records of the department and the grievant's personnel
jacket maintained in the City Personnel Services Department.
Section 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 VIII - DUES DEDUCTION AND INDEMNIFICATION
Section 1. Dues Deduction. The City shall deduct dues, on a
regular basis from the pay of all employees recognized to be
represented by the Union, who voluntarily authorize such deduction,
in writing, on a form to be provided for this purpose by the City.
The City shall remit such funds to the Union within thirty (30)
days following their deduction.
Section 2. Indemnification. The Union agrees to hold the
City harmless and indemnify the City against any claims, causes of
actions or lawsuits instituted by a member or members of the Union
arising out of the deductions or the transmittal of such funds to
the Union, except the intentional failure of the City to transmit,
to the Union, monies deducted from the employees pursuant to this
Article.
ARTICLE IX - CITY RIGHTS
Section 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.
7
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 and/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.
J. To relieve employees from duties for lack of work or
similar nondisciplinary reason, subject to the provisions of the
City Charter, Municipal Code, Federal and State law and this
Agreement.
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
nondisciplinary reasons in accordance with this Agreement.
0. To determine policies, procedures, and standards for
selection, training and promotion of employees.
8
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.
Section 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.
ARTICLE X - WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
Section 1. During the term of this Agreement, the parties
mutually agree that they will not seek to negotiate or bargain with
regard to wages, hours and terms and conditions of employment,
whether or not covered by the Agreement or in the negotiations
leading thereto, and irrespective of whether or not such matters
were discussed or were even within the contemplation of the parties
hereto during the negotiations leading to this Agreement.
Regardless of the waiver contained in this Article, the parties
may, however, by mutual agreement, in writing, agree to meet and
confer about any matter during the term of this Agreement.
Section 2 . In recognition of the fact that there are some
concerns and issues which remain to be addressed, the City and
Union agree to meet during the term of this Agreement to explore
and address them.
ARTICLE XI - EMERGENCY WAIVER PROVISION
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 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
9
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.
ARTICLE XII - SEPARABILITY PROVISION
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.
ARTICLE XIII - TERM OF AGREEMENT
The term of the Agreement shall be from July 1, 1991 through
April 30, 1992.
ARTICLE XIV - RATIFICATION AND EXECUTION
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 this Agreement which provides for the
wages, hours and other terms and conditions of employment for
employees represented by the Part-time Employees' Representation
Unit. The City and the Union acknowledge that this Agreement shall
not 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 forgoing, this Agreement is hereby executed by the
authorized representatives of the City and the Union and entered
into this day of , 1991.
10
CITY OF SANTA ANA, a
municipal corporation of
the State of California
Dated: /,2-/•l�y/ BY: . JOU, Ida"
M. or
I
r
Dated: By: '€ Gcz�
By: �iaW By:
Dated: By: E ./4-2
ER`VI EMPLOYEES'S'
INTERNATIONAL UNION,
LOCAL 1939, AFL-CIO CLC
PART-TIME EMPLOYEES
By:
By:
By:
ATTEST:
C ERK O TF HE COUNCFy
APPROVED AS TO FORM:
CITY A T RN Y
This Agreement has been ratified by the membership of the
Service Employees International Union, Local 1939, AFL-CIO, CLC
Part-time Employees' Representation Unit.
Date: /(/ _
P1tSIDEN-
11
EXHIBIT A
SACEA PART-TIME WAGE RATES
Effective 7-1-91
Hourly Rates
Class Title Step A Step B Step C Step D Step E
Animal Keeper I $ 5.72 5.99 6.31 6.63 6.96
Animal Keeper II 8.77 9.20 9.68 10.17 10.65
Associate Volunteer Coordinator 13.32 14.02 14.71 15.46 16.21
Cashier 7.44 7.81 8.19 8.61 9.04
Clerical Aide I 5.62 5.89 6.21 6.53 6.85
Clerical Aide II 8.45 8.88 9.31 9.79 10.27
Clerical Aide III 9.58 10.06 10.54 11.07 11.61
Clerk Typist I 9.58 10.06 10.54 11.07 11.61
Clerk Typist II 10.91 11.45 12.04 12.68 13.32
Community Center Aide 11.50 12.09 12.73 13.38 14.07
Crossing Guard 5.99 6.31 6.63 6.96 7.31 *
Data Entry Clerk 10.43 10.97 11.50 12.09 12.68
Engineering Intern 10.70 11.24 11.77 12.36 13.00
Equipment Service Attendant 11.41 11.98 12.63 13.28 13.93
Evidence Property Clerk 13.05 13.75 14.39 15.14 15.89
Graphics Aide 8.61 9.04 9.47 9.95 10.43
Janitor 9.68 10.17 10.65 11.18 11.77
Librarian (Part-time) 14.02 14.71 15.46 16.21 17.01
Library Assistant 11.50 12.09 12.73 13.38 14.07
Library Clerk I 9.58 10.06 10.54 11.07 11.61
Library Clerk II 10.91 11.45 12.04 12.68 13.32
Maintenance Aide I 5.62 5.89 6.21 6.53 6.85
Maintenance Aide II 6.42 6.74 7.06 7.44 7.81
Mobile Library Clerk 12.04 12.63 13.27 13.91 14.61
Page 5.19 5.46 5.72 5.99 6.31
Park Maintenance Aide 9.90 10.43 10.91 11.45 12.04
Park Security Guard 12.25 12.89 13.54 14.23 14.98
Police Records Clerk I 10.54 11.07 11.61 12.20 12.79
Police Records Clerk II 11.45 12.04 12.63 13.27 13.91
Police Supply Clerk 11.50 12.09 12.68 13.32 14.02
Program Leader I 5.35 5.62 5.89 6.21 6.53
Program Leader II 6.69 7.01 7.33 7.70 8.08
Recreation Leader I (T) 5.35 5.62 5.89 6.21 6.53
Recreation Leader II (T) 5.51 5.78 6.10 6.42 6.90
Recreation Program Leader (T) 4.87 5.19 5.46 5.78 6.05
Redevelopment Project Coordinator (T) 21.83 22.90 24.08 25.25 26.54
Security Guard 5.99 6.31 6.63 6.96 7.31
Senior Maintenance Aide I 7.49 7.86 8.29 8.72 9.15
Senior Maintenance Aide II 8.56 8.99 9.42 9.90 10.38
Senior Maintenance Worker 10.65 11.18 11.77 12.36 13.00
Senior Program Leader 7.92 8.29 8.72 9.15 9.63
Special Events Leader I 7.92 8.29 8.72 9.15 9.63
Special Events Leader II 9.68 10.17 10.70 11.24 11.77
Special Events Assistant (T) 10.38 10.91 11.45 12.04 12.63
Sports Attendant I 4.55 4.65 4.76 4.87 4.98
Sports Attendant II 5.08 5.19 5.30 5.40 5.51
Stores Aide 11.24 11.82 12.41 13.00 13.64
* New rates effective 9-1-91 6.31 6.63 6.96 7.31 7.68