HomeMy WebLinkAbout25O - AGMT - MOU SEIUPODIUM 1
AUGUST 6, 2014
TITLE:
AGREEMENT WITH THE SERVICE
EMPLOYEES INTERNATIONAL UNION
CITY MANAGE
❑ As Recommended
C) As Amended
❑ Ordinance on 1' Reeding
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public ! -fearing For
CONTINUED TO
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Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement with the Service Employees International Union, representing the Part -
Time Non -Civil Service Unit, subject to non - substantive changes approved by the City Manager
and City Attorney, regarding wages and other terms and conditions of employment for a one -year
period ending June 30, 2015 in an amount not to exceed $245,600.
The City and the Service Employees International Union (SEIU) recently completed contract
negotiations resulting in a new one -year Memorandum of Understanding (MCU) for the Part-Time
Non -Civil Service Bargaining Unit.
The primary provisions of this agreement Include:
1) Term: A one -year term, from July 1, 2014 through June 30, 2015.
2) Salary Increase: Effective upon ratification, of by
MOU shall be s by X
lips
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4) Report Pay: Employees who report to work for a scheduled shift of two hours or more, but
are dismissed prior to the completion of two hours, will receive two hours of compensation.
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Agreement with the Service Employees International Union
August 5, 2014
Page 2
5) Breaks: Employees who work a minimum of six hours are entitled to a 30 minute, non -
paid, lunch period. In addition, a paid rest period of 15 minutes may be granted during
each work period of four hours or more.
6) Holidays: Effective July 1, 2014, employees who work on a City - recognized holiday will be
paid at time - and - one -half their regular rate of pay for any hours worked.
7) Tool Reimbursement: Effective July 1, 2014 and once per fiscal year thereafter,
employees with at least one year of experience who are assigned to the Fleet Division and
required to use their own tools will receive a tool reimbursement of up to $500. This is
50% of the amount provided to full -time employees.
8) Insurance: Employees may voluntarily participate in the insurance programs offered by
the Union's Benefit Trust through a payroll deduction.
9) Paid Leave Time: Employees shall be allowed paid time off to attend to City- conducted
job examinations /interviews, jury duty, and testimony as a witness (if subpeoned by City) if
the activities occur during scheduled work time.
10) Miscellaneous Provisions: Additional provisions pertain to union access, union
notification, meet & confer requests, and language changes.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #7, Team Santa Ana, Objective #4 (establish
employee compensation that attracts and retains a highly qualified workforce) and Objective #6
(provide a positive workplace environment that supports the health of its employees and
celebrates its success).
FISCAL IMPACT
Funds are available in the affected departmental salary accounts (no. 61020). It is estimated that
this agreement will result in an annual cost of $245,600.
Approved as to Funds and Accounts:
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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 FOR
THE PERIOD JULY 1, 2013, JUNE 30, 2015
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721,
PART TIME EMPLOYEE NON CIVIL SERVICE
REPRESENTATION UNIT FOR
THE PERIOD JULY 1, 2013 — JUNE 30, 2015
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
Article I
Recognition
3
Article II
Non - Discrimination Clause
3
Article III
Working Conditions
4
Article IV
Compensation and Overtime
5
Article V
Union Trust & Insurance
8
Article VI
City -Paid Training/Instruction
8
Article VII
Uniform Maintenance, Safety Shoes & Tools
8
Article VIII
Miscellaneous Provisions
9
Article IX
Grievance Review Procedure
11
Article X
Agency Shop, Dues Deduction & Indemnification
13
Article XI
City Rights
14
Article XII
Waiver of Bargaining During Tenn of Agreement
16
Article XIII
Emergency Waiver Provision
16
Article XIV
Separability Provision
16
Article XV
Term of Agreement
16
Article XVI
Ratification & Execution
17
Exhibit A
SEIU Part Time Hourly Wage Rate Schedule
19
(Effective 7 -1 -14)
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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,
immediately hereafter.
1.2 To be entitled to the contract rights provided in this Part Time Employee Representation
Unit, employees must be employed in the classifications listed in Exhibits A -1 and A -2,
respectively, (attached hereto) and must have worked for at least four hundred (400)
hours and five (5) months in a fiscal year. Employees in classifications listed in Exhibit
A, who have met the four hundred (400) hours and five (5) months qualification
requirement during any fiscal year beginning with 1997 -98, are entitled to the contract
rights provided in this Memorandum of Understanding (MOU) and shall not be required
to re- qualify in the future.
The City will provide the Union a list that identifies the cumulative number of hours
worked each fiscal year for all Part Time employees. This list will be provided each
month of each fiscal year.
1.3 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 are in the "Excepted Service" of the City; that is, they 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 to employees in the Part Time representation 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 race, color, sex, age, sexual orientation, 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.
2.2 Whenever reference is made to the feminine gender, it shall be understood to include the
masculine gender, unless expressly stated otherwise.
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ARTICLE III
3.0 WORKING CONDITIONS
3.1 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 any 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 fifteen (15) 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. Part Time employees who are scheduled to work and who work a
minimum of six (6) hours in a day shall be entitled to a non -paid lunch period of
one -half (%) hour. Such non -paid lunch periods shall be scheduled at or about the
midpoint of each work shift.
3.2 Maximum Hour Limits. Part Time employees are limited to a maximum of twenty (20)
hours of work per week. Part Time employees 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).
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 Public Relations. The parties agree that the image of the public employee in the
commimity 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.
3.4 Health and Safetv. 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.
3.5 Sub - Contracting. In the event the City decides to sub - contract the work currently
performed by bargaining unit employees it will provide notice to the Union.
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ARTICLE IV
4.0 COMPENSATION AND OVERTIME
4.1 Wage Rate Schedule. The wage rates for designated class titles to which Part Time
employees are assigned are specified on the attached Exhibit A.
Salaries will be increased by 1% effective first full pay period after ratification and
adoption by City Council.
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.
4.3 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 aforementioned Part Time Wage
Rate Schedule (Exhibits A -1 and A -2, respectively) 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.
4.4 Advancement Within Ranges.
A. Part Time employees shall be entitled to advance from Step A to Step B after
completing 1040 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.
1. Step B to Step C, after completion of 1040 hours of work at Step B;
2. Step C to Step D, after completion of 1040 hours of work at Step C;
3. Step D to Step E, after completion of 1040 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.
4.5 Bilingual Pay. A Part Time employee who is assigned by a Department Head or his or
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her designee to a position requiring bilingual capability in both English and either
Spanish, Samoan, Vietnamese, Korean, Cambodian, Hmong, or other languages
designated by the City Manager, 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 Personnel Services, or his or her 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
emergency nature without ready access to backup assistance, or positions where
bilingual public contact is a major, essential or integral element of the work being
performed, shall be designated as Primary Bilingual Assignments. A qualified
incumbent of such position shall be paid a differential of one dollar and one cent
($1.01) per hour above his or her base hourly rate effective first full pay period after
ratification and adoption by City Council.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not major,
essential, or integral element of the work, shall be designated as a Secondary
Bilingual Assignment. A qualified incumbent of such position shall be paid a
differential of twenty -three cents ($.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 solely by the
Department Head and the City Manager.
E. There shall be periodic recertification of such bilingual capability.
4.6 Deferred Compensation. The City has adopted a qualified retirement plan for all Part
Time, Temporary and Emergency employees not covered by Ca1PERS 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.
A. The City and the Union further agree that all such employees shall be required to
contribute 3.75% of their wages into the City- adopted qualified retirement plans,
such as Section 457 Deferred Compensation Plan.
B. The City agrees to contribute 3.75% of all such employees' wages into the
employees' retirement plan.
C. 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 shall discontinue its
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contributions into said plan for affected employees and 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 for affected employees except for
those payments mandated by law to be paid for by an employer.
D. In consideration of the inclusion in Ca1PERS of all Part Time employees working in
excess of 999 hours in any fiscal year, the Union and the City agree that:
• Classic employees as defined by Ca1PERS shall be enrolled in the 2.7% @ 55
benefit formula and shall pay the 8% member contribution. New Ca1PERS
members (as defined under the California Public Employees' Pension Reform
Act (PEPRA) of 2013) will be enrolled in the 2% @ 62 benefit formula paying
one half of the normal cost rate, as established by CalPERS. For FY 14/15, one
half the normal cost rate is 6.75 %.
E. The City at no time shall be required to pay contributions to two separate retirement
systems.
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 ' /2) 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. Effective the first full pay period after ratification and adoption by City
Council an employee covered by this MOU who works on any recognized City Holiday
will be paid at time and one -half (1.5x) their regular rate of pay for any hours worked.
Only part time employees that are required to work on the day of the week in which the
holiday referenced above actually occurs will receive holiday pay at time and one half.
4.9 Report Pay. Effective first full pay period after ratification and adoption by City
Council of this agreement 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 Paid Leave Time. Effective first fall pay period after ratification and adoption by City
Council if any of the following events occur during a PTNCS employee normally
scheduled work time such employees shall be allowed paid time off for the following
purposes: City conducted job examinations /interviews, jury duty and if subpoenaed as a
witness in City related litigation.
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ARTICLE V
5.0 UNION TRUST & INSURANCE
5.1 Union Trust Fund. The Union is desirous of establishing a trust find to reimburse active
unit employees for certain benefits. The parties intend that the Union will establish said
designated fund to administer certain benefits for active unit employees. The eligibility
criteria and benefit levels shall be developed, administered and managed solely by the
union.
The Trust Fund shall be 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. The first payment will be made during FY 2014 -2015 but the City will not
be required to release any funds until the Union certifies that the Trust has been
established. Annual payments will be made by February 1st °f each fiscal year beginning
in FY 2015 -2016.
5.2 Insurance Benefits. PTNCS workers may voluntarily participate in the insurance
programs offered by the Union's Benefit Trust through payroll deduction.
ARTICLE IV
6.0 CITY PAID TRAINING/INSTRUCTION
6.1 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, including the employee's wages.
ARTICLE VII
7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS
7.1 Uniform Maintenance. All 'Part Time employees who are required by the City to wear a
uniform while on duty shall be provided clean uniforms at no cost to the employee. The
City shall replace, upon request and with supervisory approval, worn uniforms with
uniforms that are in good condition. The City shall provide weather gear (hat, rain gear,
rain boots, and a plastic water bottle) for field personnel.
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7.2 Safety Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per affected
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 of employment is designated as requiring its incumbents to wear
safety shoes, then it will be mandatory for all incumbents of that class to wear the
type of safety shoe (boot or low- quarter) deemed to be appropriate by the 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 City's Safety Officer).
D. The procedure necessary to be followed for the implementation and operation of this
program shall be in accordance with the existing policies and procedures as
previously established by the City.
7.3 Tool Reimbursement Policy. Effective first full pay period after ratification and adoption
by City Council and once per fiscal year thereafter, 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.
ARTICLE VIII
8.0 MISCELLANEOUS PROVISIONS
8.1 During the term of this Agreement:
A. It is understood and agreed that the parties to this MOU are subject to all current
and firture applicable Federal and California laws, the City of Santa Ana Charter
and Municipal Code, as well as the City's Employer- Employee Relations
Resolution (Council Resolution No. 81 -75).
It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary salary and/or personnel riles and regulations or
administrative codes, provisions of the City, oral or written, express or implied
between the parties, and shall govern the entire relationship and shall be the sole
source of any and all rights which may be asserted hereunder during the term of this
Agreement. This Agreement is not intended to conflict with Federal or State law or
the City Charter.
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The City will provide employees covered by this Agreement a copy of this
Agreement and its attachments, including a section containing the Employer -
Employee Relations Resolution of the City of Santa Ana.
B. Notwithstanding the foregoing, 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 contravene specific provisions of this
Agreement. Such rules and regulations may, from time to time, be changed by the
City. If these changes affect wages, hours, and /or other terms and conditions of
employment, the City shall meet and confer with the Union; provided, further,
however, no provision of the rules and regulations shall be changed to contravene
specific provisions of this Agreement.
C. If any part time employee 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.
D. Union Release Time for Union Officials, Board Members, and Employee
Representatives.
1) The City's Executive Director of Personnel Services shall be provided with a
list of names and classification titles of the part-time 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.
2) During the term of this Agreement, the City agrees to grant up to a total of
fifty (50) hours per fiscal year on a non - cumulative basis 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
part-time employees, as referenced in Article VII, Section 7.1C; joint labor -
management meetings; meet and confer sessions; and contract negotiations.
3) Such part-time 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 hmch areas designated by the City, before or after
work or during designated lunch periods for the purpose of discussing Union
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business, provided that arrangements are made in advance with the manager
responsible for the worksite.
E. Executive Board Member's Union Release Time.
1) The City's Executive Director of Personnel Services shall be provided with
the name and classification title of the part-time 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) Such Executive Board Member shall make advance arrangements with his or
her supervisor prior to absenting him or herself for such purpose 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."
F. Electronic Time keeping. The City agrees to meet and confer when and if it desires
to implement an electronic time keeping.
G. Promotional Opportunities. The City shall give part-time employees the opportunity
to apply for full -time "open," "open and promotional," and "restricted" positions.
ARTICLE IX
9.0 GRIEVANCE REVIEW 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 representation 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 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
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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.
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
fonnal. 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 Agreement.
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 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 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.
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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 said meeting.
A copy of the written grievance to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her representative's written
decision shall be filed in the personnel records of the department and the grievant's
personnel jacket maintained in the City Personnel Services Department.
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 AGENCY SHOP, DUES DEDUCTION & INDEMNIFICATION
10.1 Agency Shop.
A. All employees covered by this MOU, as defined in Article I, shall, as a condition of
continuing employment, become and remain members of the Union or shall pay to
the Union a service fee in lieu thereof. Such service fee shall be one dollar ($1) per
month less than Union dues if legally authorized.
B. When an employee is hired and meets the qualifying threshold as defined in Article I,
the Personnel Services Department shall provide him or her with an authorization
form for the deduction of Union dues. Said employees shall have thirty (30) calendar
days following the qualifying date to fully execute the Authorization Form of his or
her choice and to return said form to the Agency /Department payroll section. The
City shall initiate payroll deduction of Union dues, service fees, or charitable
contributions beginning the first pay period of employment.
C. Any employee of the City subject to this MOU who wishes to execute a written
declaration claiming a religious exemption from paying Union dues, and who is a
member of a bona fide religion, body or sect which has historically held
conscientious objections to joining or financially supporting a public employee
organization and which is recognized as such by the Public Employer Relations
Board, shall, upon presentation of verification of active membership in such religion,
body or sect be permitted to make a charitable payment. Declarations or applications
for religious exemption and any supporting documentation shall be forwarded to the
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Union within fifteen (15) calendar days of receipt by the City.
The Union shall have fifteen (15) calendar days after receipt of a request for religious
exemption to challenge any exemption granted by the City Manager or his or her
designee. If challenged, the deduction to the charity of the employee's choice shall
commence but shall be held in escrow pending resolution of the challenge.
Charitable contributions shall be by regular payroll deduction only. For purposes of
this section, "charitable deduction" means a contribution to one of three non -profit
organizations, with the United Way being one of them.
The Santa Ana City Employees, Chapter 1939 /Service Employees International Union
Local 721, shall indemnify and hold the City, its officers and employees, harmless from
any and all claims, demands, suits, or any other action arising from the Agency Shop
provisions herein. In no event shall the City be required to pay from its own funds,
Union Dues, service fees or charitable contributions, 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
Agreement or by law to manage the City, as such rights existed prior to the execution of
this Agreement. The sole and exclusive rights of Management, as they are not abridged
by this Agreement or by law, shall include but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the existence or nonexistence of facts which are the basis of the
Management decision.
C. To determine the necessity of organization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, technology, and extent of services to be
provided to the public.
E. To detenmine 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.
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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 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 non - disciplinary reasons in
accordance with this Agreement.
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 Agreement.
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 Agreement.
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ARTICLE XII
12.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
12.1 During the terns of this Agreement, the parties mutually agree that they shall 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 XIII
13.0 EMERGENCY WAIVER PROVISION
13.1 In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances,
provisions of this Agreement 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 shall 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 XIV
14.0 SEPARABILITY PROVISION
14.1 Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this Agreement shall remain in full
force and effect for the duration of this Agreement, provided that if any such affected
provisions invalidate or void any benefits of employees covered hereunder, the parties
shall forthwith commence negotiations to replace the invalidated benefits with benefits of
comparable value.
ARTICLE XV
15.0 TERM OF AGREEMENT
15.1 This MOU will expire on June 30, 2015.
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ARTICLE XVI
16.0 RATIFICATION & EXECUTION
16.1 The City and the Union have reached an understanding as to certain recommendations to
be made to the City Council for the City of Santa Ana and have agreed that the parties
hereto shall 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
foregoing, this Agreement is hereby executed by the authorized representatives of the
City and the Union and entered in to this day of 2014.
Dated:
Dated:
Dated:
ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
CITY OF SANTA ANA, a municipal
corporation of the State of California
By:
MAYOR
CITY MANAGER
EXECUTIVE DIRECTOR OF
PERSONNEL SERVICES
APPROVED AS TO FORM:
In
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JOSEPH STRAKA
ASSISTANT CITY 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:
Dated:
Dated:
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Bob Hunt
SEIU Legal Counsel
Jaime V. Lopez
SEIU President
Renee Hernandez, Board Member
SEIU PART TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE 7/1/14
EXHIBIT A
JOB TITLE
STEP A
STEP B
STEP C
STEP D
STEP E
ACCOUNT CLERK 1
18.37
19.26
20.23
21.24
22.30
ACCOUNT CLERK II
20.32
21.33
22.42
23.52
24.70
ACCOUNTANT
31.21
32.78
34.41
36.14
37.95
ADMINISTRATIVE AIDE
23.29
24.46
25.68
26.97
28.31
ANIMAL KEEPER 1
11.44
12.02
12.61
13.25
13.90
ANIMAL KEEPER 11
13.27
13.92
14.63
15.35
16.11
BUILDING MAINTENANCE ASST.
20.01
21.01
22.06
23.19
24.32
CASHIER
11.22
11.79
12.38
13.02
13.66
CLERICAL AIDE
13.13
13.79
14.50
15.24
15.98
CLERICAL ASSISTANT
9.00
9.45
9.92
10.41
10.93
CLERK TYPIST 1
14.44
15.16
15.93
16.73
17.55
CLERK TYPIST 11
16.97
17.81
18.71
19.64
20.60
COMBINATION INSPECTOR
28.45
29.87
31.38
32.94
34.60
COMMUNITY CENTER AIDE
17.34
18.21
19.12
20.08
21.09
COMPUTER TECHNICIAN
18.51
19.44
20.41
21.44
22.53
CUSTOMER SERVICE CLERK
19.08
20.01
21.02
22.07
23.19
DATA ENTRY CLERK
15.82
16.62
17.48
18.34
19.25
EQUIP. SVC. ATTENDANT
17.81
18.68
19.64
20.59
21.64
GENERAL ASSISTANT
9.00
9.45
9.92
10.41
10.93
GRAPHICS AIDE
12.98
13.64
14.31
15.03
15.79
HOUSING AUTHORITY ASST.
20.49
21.51
22.60
23.74
24.93
JANITOR
14.59
15.31
16.07
16.88
17.75
LIBRARIAN (PART -TIME)
21.22
22.28
23.40
24.58
25.81
LIBRARY ASSISTANT
17.87
18.76
19.69
20.69
21.74
LIBRARY CLERK 1
14.88
15.62
16.41
17.23
18.07
LIBRARY CLERK II
16.48
17.30
18.15
19.08
20.01
LOSS CONTROL OFFICE ASST.
18.42
19.35
20.30
21.32
22.39
MAINTENANCE AIDE 1
9.00
9.45
9.92
10.41
10.93
MAINTENANCE AIDE 11
9.97
10.47
10.99
11.56
12.15
MEDIA RELATIONS SPECIALIST
18.42
19.35
20.30
21.32
22.39
MOBILE LIBRARY CLERK
18.13
19.08
20.00
21.01
22.06
MUNICIPAL UTILITY READER /COLL.
18.25
19.16
20.10
21.12
22.18
PAGE
9.00
9.45
9.92
10.41
10.93
PAINTER
17.29
18.13
19.07
20.00
21.01
PARK MAINTENANCE ASST.
15.46
16.24
17.06
17.93
18.82
PARK RANGER (PART TIME)
25.67
26.96
28.30
29.73
31.22
PARK SECURITY GUARD
18.51
19.44
20.41
21.44
22.53
PARKING METER MAINTENANCE AIDE
16.80
17.63
18.53
19.45
20.42
PERMIT PARKING AIDE
19.69
20.68
21.74
22.80
23.95
PLANNING TECHNICIAN
23.40
24.56
25.80
27.09
28.45
POLICE RECORDS CLERK 1
15.90
16.70
17.53
18.41
19.33
POLICE RECORDS CLERK 11
17.29
18.13
19.08
20.00
21.01
POLICE SUPPLY CLERK
17.34
18.21
19.12
20.08
21.09
PROGRAM COORDINATOR
15.02
15.77
16.55
17.38
18.29
PROGRAM LEADER 1
9.00
9.45
9.92
10.41
10.93
PROGRAM LEADER 11
10.37
10.89
11.43
12.01
12.59
PUBLIC WORKS RECORDS ASSISTANT
21.94
23.04
24.20
25.41
26.68
PURCHASING AGENT
29.02
30.46
31.99
33.59
35.26
PURCHASING CLERK
18.30
19.20
20.19
21.18
22.23
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RIGHT OF WAY TECHNICIAN
14.72
15.46
16.26
17.05
17.89
SENIOR ADMINISTRATIVE AIDE
25.64
26.91
28.26
29.67
31.16
SENIOR CLERICAL AIDE
14.88
15.62
16.41
17.23
18.07
SENIOR PROGRAM LEADER
12.28
12.86
13.53
14.19
14.90
SPECIAL EMP. COUNSELOR 1
9.85
10.34
10.88
11.40
11.97
SPECIAL EMP. COUNSELOR II
12.11
12.71
13.35
14.03
14.72
SPECIAL EMP. COUNSELOR III
13.64
14.31
15.03
15.79
16.57
SPECIAL EVENTS LEADER 1
11.97
12.56
13.18
13.85
14.54
SPECIAL EVENTS LEADER 11
14.59
15.31
16.07
16.88
17.75
SPORTS ATTENDANT
9.00
9.45
9.92
10.41
10.93
SR. LIBRARY ASSISTANT
18.97
19.91
20.89
21.96
23.04
SR. MAINTENANCE AIDE 1
11.38
11.94
12.53
13.15
13.81
SR. MAINTENANCE AIDE 11
12.90
13.57
14.24
14.93
15.70
SR, MAINTENANCE WORKER
16.18
16.99
17.85
18.72
19.66
SR. SPECIAL EMP. COUNSELOR
14.72
15.46
16.26
17.05
17.89
SR. TUTOR
14.37
15.10
15.84
16.63
17.49
STORES AIDE
16.99
17.85
18.72
19.66
20.63
STRUCTURAL PLAN EXAMINER 1
31.22
32.79
34.42
36.15
37.95
STRUCTURAL PLAN EXAMINER II
33.43
35.11
36.85
38.69
40.62
SUPERVISING PARK RANGER (PART TIME)
29.00
30.46
31.99
33.59
35.26
TUTOR
12.11
12.71
13.35
14.03
14.72
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