SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1989-1991)

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4_ .1 J, C,f't I i 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. 1