HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1989-1991) 4_ .1 J,
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND y;l t `!
THE SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 1939, AFL-CIO, CLC, PART-TIME EMPLOYEES'
REPRESENTATION UNIT FOR FISCAL YEARS 1989-90 AND 1990-1991
ARTICLE 1. RECOGNITION
Section 1. Pursuant to provisions of the Meyers-Milias-Brown Act, Government Code
Section 3500, et. sea., the City of Santa Ana (hereinafter called the "City") has recognized
the 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 4 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 2. 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 3. 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.
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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 of 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 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.
ARTICLE 4. 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
Exhibits A and B. 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/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:
• Step 13 to Step C, after completion of 1,040 hours of work at Step B;
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a Step C to Step D, after completion of 1,040 hours of work at Step C;
e 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/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 pay period September 16-30, 1989, a
qualified incumbent of such position will be paid a differential of forty-three (43) 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 Secondary Bilingual Assignments.
Effective pay period September 16-30, 1989, a qualified incumbent of such position will be
paid a differential of twenty-three (23) 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. Benefits
Effective January 1, 1991, the City agrees to review and ascertain the costs of providing
health insurance benefits to eligible part-time employees. The City shall also ascertain any
administrative problems which would result from provision of such benefits. By agreeing to
review the costs of providing this benefit, the City is not obligating itself to agreeing to
provide this benefit during the term of this Memorandum of Understanding or any other, or
implying that such a benefit will be provided in the future.
ARTICLE 5. 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.
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ARTICLE 6. 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 7. 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 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
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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 of 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, 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 8. 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 9. 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 arc not abridged by this
Agreement or by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted
by the City and expand or diminish services.
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D. To determine the nature, manner, means, and technology, and extent of services
to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size
of the workforce by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions including
but not limited to the right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
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.
O. To determine policies, procedures, and standards for selection, training and
promotion of employees.
P. To establish employee performance standards including but not limited to quality
and quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
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.
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ARTICLE 10. WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
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.
ARTICLE U. 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 of the emergency.
ARTICLE 12. 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 13. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 1989 through June 30, 1991.
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ARTICLE 14. 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
18th day of September 1989.
CITY OF SANTA ANA, a
municipal corporation of
the State of California
Dated: / - - $9 By: . ,
Dated: (V/S1S. By: •
By:
By.
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Dated: V/S l8/ By:
SERVICE E O E INTE IONAL
UNION, LOCAL 1939, AFL- IO, CLC,
PART-TIME EM LOYEES/
By:6
••
By: L
AT ST:
•
L RK OF THE COUNCI
APPROVED AS O FORM:
CITY ATTO NE
This Agreement has been ratified by the membership of the Service Employees International
Union, Local 1939,� AFL-CIO, CLC Part-time Empl Represe Unit.
Date: q—/O 'S9 By.
SIDENT
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EXHIBIT A
SEIU PART-TIME WAGE RATES
Effective Pay Period September 16-30, 1989*
Hourly Rates
Class Title Step A Step B Step C Step D Step E
Animal Keeper I $5.35 $5.60 $5.90 $6.20 $6.50
Animal Keeper II 7.95 8.35 8.75 9.20 9.65
Associate Volunteer Coordinator 12.05 12.65 13.30 13.95 14.65
Bookmobile Driver Clerk 9.40 9.85 10.35 10.85 11.40
Cashier 6.75 7.10 7.45 7.80 8.20
Clerical Aide I 5.25 5.50 5.80 6.10 6.40
Clerical Aide II 7.65 8.05 8.45 8.85 9.30
Clerical Aide III 8.65 9. 10 9.55 10.00 10.50
Clerk Typist I 8.65 9.10 9.55 10.00 10.50
Clerk Typist II 9.85 10.35 10.85 10.40 12.00
Community Center Aide 10.40 10.95 11.50 12.05 12.65
Crossing -Guard 5.45 5.70 6.00 6.30 6.60
Data Entry Clerk 9.45 9.90 10.40 10.95 11.45
Engineering Intern 9.65 10.15 10.65 11.20 11.75
Equipment Service Attendant 10.35 10.87 11.42 11.99 13.04
Evidence & Property Clerk (T) 11.80 12.40 13.00 13.65 14.35
Graphics Aide 8.05 8.45 8. 90 9.30 9.75
Janitor (T) 8.75 9.20 9.65 10.10 10.62
Librarian (Part-time) 12.65 13.30 13.95 14.65 15.35
Library Assistant 10.40 10.95 11.50 12.05 12.65
Library Clerk I 8.65 9.10 9.50 10.00 10.50
Library Clerk II (T) 9.85 10.35 10.85 11.40 12 00
Maintenance Aide I 5.00 5.25 5.50 5.80 6. 10
Maintenance Aide II 6,00 6.30 6.60 6.95 7.30
Mobile Library Clerk (T) 10.85 11.40 12.00 12.60 13.25
Page 4.70 4.90 5. 15 5.40 5.65
Park Maintenance Aide (T) 8.10 8. 50 8.95 9.40 9.85
Park Security Guard 11. 10 11.65 12.25 12.85 13.50
Police Records Clerk I 9.55 10.00 10.50 11.00 11.60
Police Records Clerk II 10.35 10.85 11.40 12.00 12.60
Police Supply Clerk (T) 10.40 10.95 11.50 12.10 12.70
Program Trader I 5.00 5.25 5.50 5.80 6. 10
Program Leader II 6.25 6.55 6.85 7.20 7.55
Recreation Teader 1 (T) 5.00 5.25 5.50 5.80 6.10
Recreation Leader II (T) 5.15 5.40 5.70 6.00 6.45
Recreation Program Leader (T) 4.55 4.85 5.10 5.40 5.65
Redevelopment Project Coordinator (T) 19.70 20.70 21.75 22.80 24.00
Security Guard 5.45 5.70 6.00 6.30 6.60
Senior Maintenance Aide I 7.00 7.35 7.75 8.15 8.55
Senior Maintenance Aide II 8.00 8.40 8.80 9.25 9.70
Senior Maintenance Worker (T) 9.65 10.15 10.65 11.20 11.75
Senior Program Leader 7.40 7.75 8.15 8.55 9.00
Special Events Leader I 7.25 7.60 8.00 8.40 8.80
Special Events Leader II 8.80 9.25 9.70 10.20 10.70
Special Events Assistant (T) 9.40 9.85 10.35 10.85 11.40
Sports Attendant 1 4.25 4.35 4.45 4.55 4.65
Sports Attendant II 4.75 4.85 4.95 5.05 5. 15
Stores Aide 8.75 9.20 9.65 10.15 10.65
*No pay shall be retroactive.
EXHIBIT B
SEIU PART-TIME. WAGE RATES
Effective 1-1-90
Hourly Rates
Class Title Step A Step B Step C Step D Step E
Animal Keeper I $5.35 $5.60 $5.90 $6.20 $6.50
Animal Keeper II 8.20 8.60 9.05 9.50 9.95
Associate Volunteer Coordinator 12.45 13.10 13.75 14.45 15.15
Bookmobile Driver Clerk 9.40 9.85 10.35 10.85 11.40
Cashier 6.95 7.30 7.65 8.05 8.45
Clerical Aide I 5.25 5.50 5.80 6.10 6.40
Clerical Aide II 7.90 8.30 8.70 9.15 9.60
Clerical Aide III 8.95 9.40 9.85 10.35 10.85
Clerk Typist I 8.95 9.40 9.85 10.35 10.85
Clerk Typist II 10.20 10.70 11.25 11.85 12.45
Community Center Aide 10.75 11.30 11.90 12.50 13.15
Crossing Guard 5.60 5.90 6.20 6.50 6.80
Data Entry Clerk 9.75 10.25 10.75 11.30 11.85
Engineering Intern 10.00 10.50 11.00 11.55 12.15
Equipment Service Attendant 10.66 11.20 11.80 12.41 13.50
Evidence & Property Clerk (T) 12.20 12.85 13.45 14.15 14.85
Graphics Aide 8.05 8.45 8.85 9.30 9.75
Janitor (T) 9.05 9.50 9.95 10.45 11.00
Librarian (Part-time) 13.10 13.75 14.45 15.15 15.90
Library Assistant 10.75 11.30 11.90 12.50 13.15
Library Clerk I 8.95 9.40 9.85 10.35 10.85
Library Clerk II (T) 10.20 10.70 11.25 11.85 12.45
Maintenance Aide I 5.25 5.50 5.80 6.10 6.40
Maintenance Aide II 6.00 6.30 6.60 6.95 7.30
Mobile Library Clerk (T) 11.25 11.80 12.40 13.00 13.65
Page 4.85 5.10 5.35 5.60 5.90
Park Maintenance Worker I (T) 8.40 8.80 9.25 9.70 10.20
Park Security Guard 11.45 12.05 12.65 13.30 14.00
Police Records Clerk I 9.85 10.35 10.85 11.40 11.95
Police Records Clerk II 10.70 11.25 11.80 12.40 13.00
Police Supply Clerk (T) 10.75 11.30 11.85 12.45 13.10
Program Leader I 5.00 5.25 5.50 5.80 6.10
Program Leader II 6.25 6.55 6.85 7.20 7.55
Recreation Leader I (T) 5.00 5.25 5.50 5.80 6.10
Recreation Leader II (T) 5.15 5.40 5.70 6.00 6.45
Recreation Program Leader (T) 4.55 4.85 5.10 5.40 5.65
Redevelopment Project Coordinator (T) 20.40 21.40 22.50 23.60 24.80
Security Guard 5.60 5.90 6.20 6.50 6.80
Senior Maintenance Aide I 7.00 7.35 7.75 8.15 8.55
Senior. Maintenance Aide II 8.00 8.40 8.80 9.25 9.70
Senior Maintenance Worker (T) 9.95 10.45 11.00 11.55 12.15
Senior Program Leader 7.40 7.75 8.15 8.55 9.00
Special Events Leader I 7.40 7.75 8.15 8.55 9.00
Special Events Leader II 9.05 9.50 10.00 10.50 11.00
Special Events Assistant (T) 9.70 10.20 10.70 11 .25 11.80
Sports Attendant I 4.25 4.35 4.45 4.55 4.65
Sports Attendant II 4.75 4.85 4.95 5.05 5.15
Stores Aide 9.10 9.55 10.00 10.50 11.00