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HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1993-1995) 4-7 osi MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC, PART-TIME EMPLOYEES' REPRESENTATION UNIT FOR CALENDAR MONTHS JULY 1, 1993 THROUGH JUNE 30, 1995 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 within the classifications listed in Exhibit A, and must have worked for at least nine hundred (900) hours and a minimum of nine (9) months per year. The City agrees to provide the Union with a list of the part- time classes (represented and unrepresented) in which employees have the potential of working nine hundred (900) hours and a minimum of nine (9) months during a calendar year within the contract period. This list will not include any classifications which were specifically excluded from Union representation through the letter of July 7, 1987 signed by then SEIU President, Ms . Rita Montes . Furthermore, this list will be provided by the City to the Union twice during the contract period, first in December, 1992 and second in June, 1993 . 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, are 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 part-time representation unit . 1 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 . 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 2 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. 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 are assigned are specified on the attached Exhibit A. These wage rates will be increased by approximately three percent (3 . 0%) on July 1, 1994 . 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; 3 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: 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 the pay period beginning June 26 , 1992 , a qualified incumbent of such position will be paid a differential of fifty-eight cents ($0 . 58) 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 Assignment . Effective pay period June 26, 1992 , 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 has adopted a qualified retirement plan for all part- 4 time, temporary and emergency employees not covered by PERS to satisfy the requirements of the Omnibus Budget Reconciliation Act of 1990 . This plan is a qualified Section 457 Deferred Compensation Plan. The disbursement from the plan shall be consistent with the law and the policies and procedures established by the City. 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 the employees' retirement plan. 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 - MISCELLANEOUS PROVISIONS During the term of this agreement : (1) The City agrees to meet . with SEIU part-time unit member representatives to review and ascertain the costs of providing health insurance benefits to eligible part-time employees . The 5 City shall also ascertain any administrative problems which would result from such benefits . By agreeing to review the costs of providing health insurance benefits for this unit' s employees the City is not obligating itself to provide this benefit during the term of this memorandum or implying that such a benefit will be provided in the future . (2) The City agrees to negotiate part-time and full-time contracts together resulting in an M.O.U. which shall contain two specific parts, one containing all provisions impacting represented full-time employees and the second containing all provisions concerning represented part-time employees . It is the intent hereof that the parts regarding full-time represented employees and part-time represented employees are mutually exclusive . (3) During the life of this M.O.U. , the Union shall choose a date, at its discretion, to conduct an Agency Shop election among the part-time employees . The election shall be conducted under the auspice of a State Mediation and Conciliation Service representative . If the State agency is unable to provide a representative, the City and the Union will mutually agree on a third party to supervise the election. Only part-time employees who are members of the Union are authorized to vote in this election. All part-time employees represented by the Union will be given at least ten days notice prior to the election. ARTICLE VIII - GRIEVANCE REVIEW PROCEDURE Section 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 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 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 6 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 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, 7 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 IX - 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 X - 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. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. 8 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 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 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 . P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith. 9 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 XI - 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 XII - 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 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 10 of the emergency. ARTICLE XIII - 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 XIV - TERM OF AGREEMENT The term of the Agreement shall be from July 1, 1993 through June 30 , 1995 . ARTICLE XV - 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 11 day of November, 1993 . 11 CITY OF SANTA ANA, a municipal corporation of the State of California Dated: By: ay r ' ( Dated: � ��Y4( B �y: eraLaz_7-7. By. By. Dated: j ar/7'6/ By. _ / SERVICE EMPLOYEES % INTERNATIONAL UNION, LOCAL 1939 , AFL-CIO, CLC PART-TIME EMPLOYEES By: mr,, C. By: By: ATTEST: 1\CLER T COUNCIL AP ROVED AS TO FORM: .CCi;4 ;k CITY ATT EY 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 : By: hL(9 �- PRESIDENT 12 EXHIBIT A SACEA PART-TIME WAGE RATES (EFFECTIVE 7-1-94) CLASS TITLE Step A Step B Step C Step D Step E Animal Keeper I $ 6 . 08 $ 6 . 38 $ 6 . 70 $ 7 . 04 $ 7 . 69 Animal Keeper II 9 . 37 9 . 84 10 . 33 10 . 85 11 . 39 Clerical Aide 9 . 01 9 . 46 9 . 94 10 . 44 10 . 96 Clerk Typist I 10 . 20 10 . 71 11 . 25 11 . 81 12 . 40 Clerk Typist II 11 . 64 12 . 22 12 . 83 13 . 47 14 . 14 Community Center Aide 12 . 26 12 . 87 13 . 51 14 . 19 14 . 90 Crossing Guard 6 . 75 7 . 09 7 . 44 7 . 81 8 . 20 Data Entry Clerk 11 . 18 11 . 74 12 . 33 12 . 95 13 . 60 Equip. Svc . Attendant 12 . 21 12 . 82 13 . 46 14 . 13 14 . 84 Evid. & Prop. Clerk 13 . 91 14 . 61 15 . 34 16 . 11 16 . 92 Janitor 10 . 30 10 . 82 11 . 36 11 . 93 12 . 53 Library Assistant 12 . 26 12 . 87 13 . 51 14 .19 14 . 90 Library Clerk I 10 . 20 10 . 71 11 . 25 11 . 81 12 . 40 Mobile Library Clerk 12 . 82 13 . 46 14 . 13 14 . 84 15 . 58 Page 5 . 56 5 . 84 6 . 13 6 .43 6 . 75 Park Maintenance Aide 10 . 61 11 . 14 11 . 70 12 . 29 12 . 90 Police Records Clerk I 11 . 23 11 . 79 12 . 38 13 . 00 13 . 65 Police Records Clerk II 12 . 21 12 . 82 13 .46 14 . 13 14 . 84 Program Leader I 5 . 72 6 . 01 6 . 31 6 . 63 6 . 96 Program Leader II 7 . 11 7 .47 7 . 84 8 . 23 8 . 64 Rec . Program Leader (T) 5 . 20 5 . 46 5 . 73 6 . 02 6 . 32 Senior Clerical Aide 10 . 20 10 . 71 11 . 25 11 . 81 12 .40 Senior Program Leader 8 . 45 8 . 87 9 . 31 9 . 78 10 . 27 Stores Aide 12 . 00 12 . 60 13 . 23 13 . 89 14 . 58 13