Laserfiche WebLink
Qualified Displaced Workers, if one exists, or, if no such agreement exists, then <br />by reference to the initial hire date with the Incumbent Operator of each Qualified <br />Displaced Worker. Any Qualified Displaced Workers not retained by the New <br />Operator shall be placed on a preferential hiring list and considered by the New <br />Operator for any job openings that may arise. <br />(f) Each New Operator must provide all employees of a Waste Services <br />Provider with wages in an amount and benefits at a value of not less than the <br />greater of those (a) in effect at the point of execution of the Transfer Document or <br />(b) in any collective bargaining agreement, whether effective or expired, between <br />an Incumbent Operator and such employees. For purposes of this Article, "wages <br />and benefits "includes all wages or compensation referenced in the existing <br />collective bargaining agreement including provisions addressing how overtime <br />shall be calculated, employer and employee contributions for medical insurance <br />and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation <br />time and personal or family leave. <br />Section 4. Section 16-42 is added to Chapter 16 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 16-42. Retaliation and Discrimination Barred; No Waiver of <br />Rights; Enforcement <br />(a) No Incumbent Operator or New Operator shall discharge or <br />otherwise discriminate against anyone for making a complaint, participating in any <br />City proceeding, or using any civil remedy to enforce his or her rights, or for <br />otherwise asserting his or her rights under this ordinance. <br />(b) Any waiver by a Qualified Displaced Worker of any or all of the <br />provisions of this ordinance shall be deemed contrary to public policy and shall be <br />void and unenforceable, except where such waiver occurs in a bona fide collective <br />bargaining agreement. Any attempt by an Incumbent Operator or New Operator to <br />have a waste or recycling worker waive rights given by this ordinance shall <br />constitute a willful violation of this ordinance. <br />(c) In addition to any rights and remedies which an employee might <br />have, under any federal or state statute or regulation or municipal ordinance or <br />regulation or at common law, any employee claiming a violation of this ordinance <br />may bring an action against an Incumbent Operator or New Operator in the <br />Superior Court of the State of California, to enforce the provisions of this <br />ordinance, and may seek liquidated damages, back pay, any other actual <br />damages, reinstatement, injunctive relief, punitive damages, and any other legal <br />or equitable relief, as permitted by law. Violations of this ordinance are declared <br />to irreparably harm the public and covered employees generally. <br />Ordinance No. NS-2807 <br />Page 4 of 6