HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC PART-TIME (1998-2001) MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 1939,347 AFL-CIO,CLC, PART TIME
EMPLOYEES' REPRESENTATION UNIT FOR
JULY 1, 1993 -JUNE 30, 1995
THE PERIOD JULY 1, 1998-JUNE 30, 2001
1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
TIIE SANTA ANA CITY EMPLOYEES, CHAPTER 1939,
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347
AFL-CIO,CLO;PART TIME EMPLOYEES'
REPRESENTATION UNIT FOR CALENDAR-MONTHS
JULY 1, 1993 - JUNE 30, 1995
THE PERIOD JULY 1, 1998-JUNE 30, 2001
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
Article I Recognition 3
Article II Non-Discrimination Clause 4
Article III Working Conditions 4
Article IV Compensation Plan 5
Article V City-Paid Training/Instruction 9
Article VI Uniform Maintenance & Safety Shoes 9
Article VII Miscellaneous Provisions 10
Article VIII Grievance Review Procedure 11
Article IX Agency Shop, Dues Deduction & Indemnification 13
Article X City Rights 16
Article XI Waiver of Bargaining During The Term Of
This Agreement 17
Article XII Emergency Waiver Provision 18
Article XIII Separability Provision 18
Article XIV Term Of Agreement 19
Article XV Ratification& Execution 19
Exhibit A SEIU Part Time Wage Rate Schedule 21
(Effective 7-1-94)
Exhibit A SEIU Part Time Wage Rate Schedule 22
(Effective 6-11-99)
Exhibit A SEIU Part time Wage Rate Schedule 24
(Effective 7-1-99)
Exhibit B Unaffiliated Categories of Non-Civil Service
Part-Time Employment 26
(Effective 7-1-99)
2
"SEIU PART TIME UNIT"
ARTICLE I
1.0 RECOGNITION
1.1 Purstko it
Aryl try iahiuu—uf tvkyuisMih. —13ThwU Ad, Guvti 1118.411 z d kn motion 3500;
et. seq., the City of Sant " ' " the Service
Empluy-uLs-{ tu idbuiaHjliwi L -CI& GL-C-(heeinafter called the
'"-Hmmr)-astl1 cA lame-I pL k.a•,iitatrvc ufil1L representation unit which includes
Crossing Guards and certainpaiE tluu.,-p abo'nnel employed by the-City in classifications
lish,d-i-,u A1&L 3V1 FHIi greement
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 347,
AFL-CIO (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 Po-bu-s • l.,-fin laLlitatiul y-thi I ipluyce-reps LOLutatiuirun'it
employees must-be employed as a Crossing-Guam -r-- elassifn.atiuiu,,-listed in
Exhibit A, and must-have-worked for at-least nine hundred (900)-hums aluja minimum of
nine-(9)-nuu1r is-p ,u psac
The-Giiy-agrees-to-provide-the Union with—a list Bs Paul i'ne-elasses-(represented and
unrepresented)-in-whian,.npioyees have the potential of-werking-im hundred-(900)
hours-and-a-minimum-of-nine (9) months during-a calendar year within-the contract
period. This-list-will-but inelud hieh wti �p if, a1y exel dad
from-Union representation-through the letter of*u'1 en SEIU
President Rita-Mantes—Furthermore, this list will-be-provided by the City to-9u.,Union
twice during-the contract period,—firs` i eeembe; 1-992-and-s,,uuu,l iu�uiu —1-9937
To be entitled to the contract rights provided in this Part Time Employee Representation
Unit; employees must be employed in the classifications listed in Exhibit A (attached
hereto) and must have worked for at least six hundred(600) hours and seven (7) months
in a fiscal year. Employees in classifications listed in Exhibit A, who have met the six
hundred(600) hours and seven (7) 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 requali# in the
future.
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"SEIU PART TIME UNIT"
The City agrees to provide the Union with a list that identifies the cumulative number of
hours worked each fiscal year for all Part Time employees. This list will be provided in
October, February, March, April, May, June and July 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 and Crossing Guards 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 madc to the-n..1i. g alder itm'Lall-L,, a d.,.steod to include the
f2n1'mtii.._ ii�ll,i, olt1l.sSY,A-LA -stated-utncrvviseT
Whenever reference is made to the feminine gender, it shall be understood to include the
masculine gender, unless expressly stated otherwise.
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 Crossing Guards and any other Part Time employee may be required to
work, or whether such Part Time employee shall work at all.
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"SEIU PART TIME UNIT"
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 %) hours in a day
shall be entitled to a non-paid lunch period of one-half('h) hour. Such non-paid
lunch periods shall be scheduled at or about the midpoint of each work shift.
3.2 Maximum Hour Limits. Except for Crossing Guards, Part Time employees are limited to
a maximum of twenty (20) hours of work per week. Classing-Gums A,r Part
Time employees are limited to a maximum of nine hundred and ninety-nine (999) hours
per fiscal year (c.g., 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
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.
3.4 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
4.0 COMPENSATION PLAN AND OVERTIME
4.1 Wage Rate Schedule. The wage rates for designated class titles to which Grossing
Guards-and-other Part Time employees are assigned are specified on the attached Exhibit
A. -These-wage-ialp,—ve:11-L, appivzimal lytlrree percent(3-Q%) on July 1;
4-9947
"SEIU PART TIME UNIT"
A. Effective June 11, 1999, the base salaries of employees covered by this Agreement
shall be increased by approximately 3.5%.
B. Effective July 1, 1999, the base salaries of employees covered by this Agreement
shall be increased by approximately 3.5%.
C. Effective July 1, 2000, the base salaries of employees covered by this Agreement
shall be increased by the Consumer Price Index for the Los Angeles-Riverside-
Anaheim area for the period April 1, 1999 through April 30, 2000 based upon the
category 'All Urban Consumers." The CPI will be rounded up or down in
accordance with the City's Part Time Wage Rate Schedule. If the CPI is 0% to
.60%, then it will be rounded to .50%. If CPI is.61% to 1.19%, then it will be
rounded to 1%. If CPI is 1.20% to 1.60%, then it will be rounded to 1.50%. If
CPI is 1.61% to 2.19%, then it will be rounded to 2%. Finally, if CPI is 2.20% to
2.50%, then it will be rounded to 2.50%. In no case shall this amount exceed
2.50%, unless either the Police Officer's Association or Firemen's Benevolent
Association receives an across-the-board salary increase in excess of 2.50% in
2000-01, in which case, the employees covered by this Agreement shall receive
the same.
4.2 Compensation for Hours Worked. An employee's paycheck shall reflect the actual hours
worked during that pay period.
472 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 above Part Time Wage Rate
Schedule (Exhibit 'Al 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.
43-4.4 Advancement Within Ranges.
A. Crossing Guards and other 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.
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"SEIU PART TIME UNIT"
B. Progression to successively higher steps shall be in accordance with the following
schedule:
• Step B to Step C, after completion of 1040 hours of work at Step B;
• Step C to Step D, after completion of 1040 hours of work at Step C;
• 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.
4:4 4.5 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, Korean, Cambodian, Hmong, 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 ($.58) per hour above his or her base
hourly rate.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not a
major, essential or integral element of the work, will be designated as a Secondary
Bilingual Assignment. Effective pay period June 26, 1992, a qualified incumbent
of such position will be paid a differential of twenty-three cents ($.23) per hour
above his or her base hourly rate.
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"SEIU PART TIME UNIT"
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.
475 4.6 Deferred Compensation. The City has adopted a qualified retirement plan for all Part
Time, Temporary and Emergency employees not covered by CalPERS 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 will 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 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 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 CaIPERS of all Part Time employees working
in excess of 999 hours in any fiscal year since July 1, 1994, the Union and the
City agree that:
• All City and employee contributions to the deferred compensation
retirement system since July 1, 1994 be transferred to the CalPERS
program.
• All back contributions due to CalPERS by the employee and the City shall
be paid by the City.
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"SEIU PART TIME UNIT"
• All deferred compensation retirement funds paid prior to July 1, 1994
remain in the account of the employee for distribution at the employee's
choice upon termination of employment from the City.
E. In consideration of subparagraph D above, Crossing Guards who were in
furlough status as of April 18, 1996 shall be brought back to work no later than
May 1, 1996. Any PERS-eligible employee whose hours had been reduced will
have their hours reinstated no later than May 8, 1996. Any PERS-eligible
Crossing Guard scheduled for furlough between April 18 and June 30, 1996 will
have that furlough cancelled.
F. For those Crossing Guards whose hours of work have not exceeded 999 and who
have not become PERS-eligible, seniority in the classification will be given
priority consideration when scheduling additional hours. If it is not feasible to
schedule additional hours by seniority, affected employees will be given a reason,
G. The City at no time will 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 %) times the
employee's regular hourly rate of pay.
ARTICLE V
5.0 CITY PAID TRAINING/INSTRUCTION
5.1 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.
ARTICLE VI
6.0 UNIFORM MAINTENANCE &SAFETY SHOES
61 A-ll-uinpluy -i,,,vasd-by-this Agreement, who arc required by the City-to-wear--a
uniform while on dut};-shalkb an-tmrforms-as
specified by the-Department-Heada_artAJO h,-d't,un4ilvyLA,J.
9
"SEIU PART TIME UNIT"
6.1 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 Crossing Guards and field personnel.
6.2 Safety Shoes. The City agrees to pay between one hundred dollars ($100) and two
hundred dollars ($200)per fiscal year per affected employee,for the purchase of one
pair of approved safety shoes/boots.
ARTICLE VII
7.0 MISCELLANEOUS PROVISIONS
7.1 During the term of this Agreement:
1. The City agrees to meet with SEIU Part Time Representation Unit member
representatives to review and ascertain the costs of providing health insurance
benefits to eligible Part Time employees. The City and the Union shall work
together in defining a list of potential providers for discussion and consideration.
The 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. Thend-Full--Time contracts together resulting'
1fieparts One-(1' containing-all
pfv viaiotwimpadiug-ripiwuutLd-Fall-Tinl.lup ivy'. aut4he-second-l.untaiuhig
all prov151L1i51 un nt11i� itpivaa.ntc,dimaiETmn. Eui 10ywS is it,-intent hereof
that th,pa.tsz.,gardin
ruin .t.nted-employees-are-mutually exclusive.
It is understood and agreed that the parties to this MOU are subject to all current
and future 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).
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"SEW PART TIME UNIT"
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 rules 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.
The City will provide employees covered by this Agreement a reduced size copy of
this Agreement and its attachments, including a section containing the Employer-
Employee Relations Resolution of the City of Santa Ana.
3. 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.
A ROTT L,_ T i
3. Doilu �i. of- Elio�viTh"c-QnlOn-3liull-l.Luvaa, atlatu, ltat.l,:Elulr,-tV
Wiitlu'.kaii Ageiit;y 8liup-t.ketion-a ees. The election
shall-be conducted under the-au ul-Goneiliation
fate-aget,uy v �,t,yl'Lot,�itatrat,�
the—City aud-tlu-Uiinuir will-mutually tually a. l,t vie atLltd-pal fy-t 'uyui vise the
election. Only Part Time Employees-who arc members of the Union are
authorized to-vote-in-this represented by the
Union will be given-at ast'tLirt10j-days liul w Ink)—Iv Hi -tJeetiom
ARTICLE VIII
8.0 GRIEVANCE REVIEW PROCEDURE
8.1 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.
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"SEW PART TIME UNIT"
8.2 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.
8.3 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 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) calendar 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 I-Iead. 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) calendar
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.
8.4 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
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"SEIU PART TIME UNIT"
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 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)
calendar 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) calendar 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.
8.5 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
9.0 AGENCY SHOP, DUES DEDUCTION & INDEMNIFICATION
9.1 Agency Shop Election, During the life of this MOU, the City and the Union shall choose
a date, mutually convenient to both parties, to conduct an Agency Shop election among
the Part Time employees. The election shall be conducted under the control of the State
13
"SEIUPART TIME UNIT"
Mediation and Conciliation Service. 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. All Part Time employees in classifications covered by this MOU are
authorized to vote in this election. All Part Time employees in the bargaining unit will be
given at least ten (10) calendar days notice prior to the election.
If the Agency Shop provision is approved in the election, bargaining unit employees will
be required to either join the Union voluntarily or have the City deduct an Agency Fee
through payroll deduction. The City will not deduct any Agency Fee from bargaining
unit employees until they have worked at least six hundred(600) hours and seven (7)
months in a fiscal year. Once bargaining unit employees meet this threshold, they shall
remain covered under this provision during their part-time employment.
971- Dm.s-Bs t-dues, on a regular basis, from the pay of all
employees-r le-Hviutc vvinnuluiitaii y authorize-sueh
deduction, in writing, on a form to be provided for this purpose by the City. The City
shall-remit-sue` Rudd t, t, _ U_:_._ .. :. hirty (30) days following their deduction.
9.2 Dues Deduction. If an Agency Shop is approved, the City shall deduct dues, on a monthly
basis,from the pay of all employees employed within the classifications listed in Exhibit
A (attached hereto) 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) calendar days following their deduction.
9.3 Agency Shop.
A. If an Agency Shop is approved, 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 her with an
authorization form for the deduction of Union dues. Said employee shall have
thirty (30) calendar working days following the qualifying date to fully execute
the Authorization Form of 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.
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"SEIU PART TIME UNIT"
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 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
Administrator 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 347, AFL-CIO, 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 fee or charitable
contributions, which the employee was obligated to pay, but failed to pay,
regardless of the reasons.
9.2 Indemnification. The Union-ag-rte to-1.u1d-the C-ity-harmless and indemnify the City
agaitiat-any-c la11usivar ,s-uf a, thrnSor-lfWsuit -lua l-1SL y-a niembL-vl members-of
the Union arising out of the dcductions-or t t al sueh funds-lv-IL Union;
uxt,c,pt tliciittciitionaI fzril , of-the-&ity-turttaualiii{, Lodi,Unioni nurii ,-Lk-dueled-from
the-employees-pttrsuaiirh-th10 A li,.,l,:
9.4 The Union 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 fee or charitable contributions, which the employee was obligated to
pay, but failed to pay, regardless of the reasons.
15
"SEIU PART TIME UNIT"
ARTICLE X
10.0 CITY RIGHTS
10.1 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, and technology, and extent of services to
be provided to the public.
B. 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.
16
"SEIU PART TIME UNIT"
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, 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.
10.2 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
11.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
11.1 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
17
"SEIU PART TIME UNIT"
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.
11.2 In recognition of the fact that thcrc arc sami,-c B, ' .s antl-i�thAt,s • to be
addressed, the City and Union agree to meet-d rit Cu-LA-Owe
and ad a.o5111%4117
11.2 During the term of this Agreement, the City and the Union shall meet to discuss the costs
ofproviding health insurance benefits to eligible Part Time employees.
ARTICLE XII
12.0 EMERGENCY WAIVER PROVISION
12.1 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 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 XIII
13.0 SEPARABILITY PROVISION
13.1 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.
• 18
"SEIU PART TIME UNIT"
ARTICLE XIV
14.0 TERM OF AGREEMENT
14.1 The term of the Agreement shall be from July 1,4-993-1998 through June 30, 1995 . 2001
ARTICLE XV
15.0 RATIFICATION&EXECUTION
15.1 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 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 6th day of July, 1999.
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California,
Dated: 5"- 3v - 0 By:
MAYOR
Dated: .S 70 UJ By:
ITY MANAGER
Dated: `4�A By: . ' ,
EMPLOYEE RELATIONS MANAGER
Dated: LIIN J By: ) ;14-licA
SERVICE EMPLOYEES
INTERNATIONAL UNION,
LOCAL 347,AFL-CIO,CLC
19
"SEIU PART TIME UNIT"
ATTEST: APPROVED AS TO FORM:
CI.
iv\ PAIRiCIA HEALY HUGH A. HALF• • II
Clerk of the Council City Attorney
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
1939/Service Employees International Union, Local 347 1939, AFL-CIO, CLC Part Time
Employees' Representation Unit.
Da e PRESIDENT
20
"SEIU PART TIME UNIT"
EXHIBIT A
SAGE FAT
(Effective 7 1-94)
SS TIT r cmrn n cmrn B cmrn n STEP D STEP E
Anirxal 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 II 11.64 12.22 12.83 13.47 14.14
Coinnc-Ctr idc 12.26 12.87 13.51 14.19 14.90
Cr000n g-Guard 6.5 7.."09 7.44 .. 0
Data .60
Evid& Prop Clerz 3.91 14 61 5.34 16-11 16.92
Janitor 10.30 10.82 11.36 11.93 12.53
Library-Assistantrci6�2.'1 3��4T 50
Library-Glerl-I 10.20 10.71 11.25 11.81 12.40
Mobile Libr . -8
Pages `. . 6.13 6.43 6.75
Park Maint Aide 10 6 1'.14 1-1.70 12729 12.90
PalieG Roc Clerk I 11.23 11.79 12.38 1330 13.65
Police Roe Clerk II 12.2-1 12.82 13.46 14.13 14:84
6:03. 63-1 6.62 6.96
Piugi aalrLl.ultA 11 7.4;- �.84 23 8:64
3-5 0 5.t6 5.73 6.02 6.32
St11iui Cltriwi Aide 10720 10.71 11.25 11.81 12.40
SGll V-Nog'alrr RuC-8. tl. ] 9. T .. .t7
Stores Aide 12.00 U760 13..2-_'� 3-ate 4.58
21
"SEIU PART TIME UNIT"
EXHIBIT A
SEIU PART TIME WAGE RATE SCHEDULE
Effective 6-11-99
MOU OCC CLASS TITLE STEP A STEP B STEP C STEP D STEP E
M 977 Administrative Aide $ 17.03 $ 17.87 $ 18.77 $ 19.72 $20.70
M 900 Animal I{eeper I 8.36 8.78 9.21 9.68 10.16
M 901 Animal Keeper II 9.70 10.18 10.69 11.23 11.79
M 902 Assoc. Vol. Coordinator 14,77 15.50 16.28 17.10 17.96
M 904 Cashier 8.21 8.62 9.06 9.51 9.99
M 906 Clerical Aide 9.33 9.79 10.29 10.81 11.34
M 905 Clerical Assistant 6.18 6.49 6.81 7.15 7.51
M 908 Clerk Typist I 10.56 11.08 11.64 12.22 12.83
M 909 Clerk Typist II 12.05 12.65 13.28 13.94 14.63
M 910 Community Center Aide 12.69 13.32 13.98 14.69 15.42
M 969 Computer Technician 13.54 14.21 14.92 15.67 16.46
M 911 Crossing Guard 6.99 7.34 7.70 8.08 8.49
M 978 Customer Service Clerk 13.94 14.63 15.37 16.14 16.94
M 912 Data Entry Clerk 11.57 12.15 12.76 13.40 14.08
M 914 Equipment Service Attendant 12.64 13.27 13.94 14.62 15.36
M 915 Evidence&Property Clerk 14.40 15.12 15.88 16.67 17.51
M 801 General Assistant 5.95 6.25 6.56 6.89 7.23
M 916 Graphics Aide 9.49 9.97 10.46 10.99 11.54
M 917 Janitor 10.66 11.20 11.76 12.35 12.97
M 830 Learning Center Clerk I 10.56 11.08 11.64 12.22 12.83
M 918 Librarian(Part Time) 15.51 16.29 17.11 17.97 18.87
M 919 Library Assistant 12.69 13.32 13.98 14.69 15.42
M 920 Library Clerk I 10.56 11.08 11.64 12.22 12.83
M 921 Library Clerk II 12.05 12.65 13.28 13.94 14.63
M 922 Maintenance Aide I 6.18 6.49 6.81 7.15 7.51
M 923 Maintenance Aide II 7.09 7.44 7.81 8.21 8.62
M 928 Mobile Library Clerk 13.27 13.94 14.62 15.36 16.13
M 929 Page 5.95 6.25 6.56 6.89 7.23
M 974 Painter 12.64 13,27 13.94 14.62 15.36
M 930 Park Maintenance Assistant 10.98 11.53 12.11 12.72 13.35
M 931 Park Security Guard 13.54 14.21 14.92 15.67 16.46
M 932 Police Records Clerk I 11.62 12.20 12.81 13.46 14.13
M 933 Police Records Clerk II 12.64 13.27 13.94 14.62 15.36
M 934 Police Supply Clerk 12.69 13.32 13.98 14.69 15.42
M 816 Program Coordinator 10.66 11.20 11.76 12.35 12.97
M 935 Program Leader I 5.95 6.25 6.56 6.89 7.23
M 936 Program Leader II 7.36 7.73 8.11 8.52 8.94
22
EXHIBIT A
SEIU PART TIME WAGE RATE SCHEDULE
(Contd)
Effective 6-11-99
MOU OCC CLASS TITLE STEP A STEP B STEP C STEP D STEP E
CODE
M 950 Public Works Survey Aide $ 10.76 $ 11.30 $ 11.87 $ 12.46 $ 13.08
M 972 Purchasing Clerk 13.37 14.04 14.75 15.48 16.26
M 938 Recreation Leader II(T) 6.08 6.38 6.70 7.03 7.38
M 939 Recreation Program Leader(T) 5.95 6.25 6.56 6.89 7.23
M 948 Security Guard 6.61 6.94 7.30 7.66 8.04
M 907 Senior Clerical Aide 10.56 11.08 11.64 12.22 12.83
M 817 Senior Library Assistant 13.86 14.55 15.28 16.04 16.85
M 924 Senior Maintenance Aide I 8.31 8.73 9.16 9.62 10.09
M 925 Senior Maintenance Aide II 9.44 9.92 10.41 10.93 11.48
M 926 Senior Maintenance Worker 11.83 12.42 13.04 13.69 14.38
M 940 Senior Program Leader 8.75 9.18 9.64 10.12 10.63
M 837 Senior Special Employment
Counselor 10.76 11.30 11.87 12.46 13.08
M 841 Senior Tutor 10.51 11.03 11.58 12.16 12.77
M 834 Special Employment Counselor I 7.19 7.56 7.94 8.33 8.75
M 835 Special Employment Counselor 11 8.85 9.29 9.76 10.25 10.76
M 836 Special Employment Counselor III 9.97 10.46 10.99 11.54 12.12
M 943 Special Events Leader 1 8.75 9.18 9.64 10.12 10.63
M 944 Special Events Leader II 10.66 11.20 11.76 12.35 12.97
M 942 Sports Attendant 5.95 6,25 6.56 6.89 7.23
M 946 Stores Aide 12.42 13.04 13.69 14.38 15.09
M 947 Street Lighting Engineer 24.06 25.31 26.55 27.89 29.29
M 842 Tutor 8.85 9.29 9.76 10.25 10.76
M 951 YES Program Coordinator 19.52 20.49 21.52 22.59 23.73
23
"SEIU PART TIME UNIT"
EXHIBIT A
SEIU PART TIME WAGE RATE SCHEDULE
Effective 7-1-99
MOH OCC CLASS TITLE STEP A STEP B STEP C STEP D STEP E
CODE
M 977 Administrative Aide $ 17.63 $ 18.50 $ 19.43 $20.41 $21.42
M 900 Animal Keeper I 8.65 9.09 9.53 10.02 10.52
M 901 Annual Keeper II 10.04 10.54 11.06 11.62 12.20
M 902 Assoc. Vol. Coordinator 15.29 16.04 16.85 17.70 18.59
M 904 Cashier 8.50 8.92 9.38 9.84 10.34
M 906 Clerical Aide 9.66 10.13 10.65 11.19 11.74
M 905 Clerical Assistant 6.40 6.72 7.05 7.40 7.77
M 908 Clerk Typist I 10.93 11.47 12.05 12.65 13.28
M 909 Clerk Typist II 12.47 13.09 13.74 14.43 15,14
M 910 Community Center Aide 13.13 13.79 14.47 15.20 15.96
M 969 Computer Technician 14.01 14.71 15.44 16.22 17.04
M 911 Crossing Guard 7.23 7.60 7.97 8.36 8.79
M 978 Customer Service Cleric 14.43 15.14 15.91 16.70 17.53
M 912 Data Entry Clerk 11.97 12.58 13.21 13.87 14.57
M 914 Equipment Service Attendant 13.08 13.73 14.43 15.13 15.90
M 915 Evidence&Property Cleric 14.90 15.65 16.44 17.25 18.12
M 801 General Assistant 6.16 6.47 6.79 7.13 7.48
M 916 Graphics Aide 9.82 10.32 10.83 11.37 11.94
M 975 Housing Authority Assistant 16.04 16.85 17.70 18.59 19.52
M 917 Janitor 11.03 11.59 12.17 12.78 13.42
M 830 Learning Center Cleric I 10.93 11.47 12.05 12.65 13.28
M 918 Librarian(Part Time) 16.05 16.86 17.71 18.60 19.53
M 919 Library Assistant 13.13 13.79 14.47 15.20 15.96
M 920 Library Cleric I 10.93 11.47 12.05 12.65 13.28
M 921 Library Clerk U 12.47 13.09 13.74 14.43 15.14
M 976 Loss Control Office Assistant 14.43 15.47 15.91 16.70 17.53
M 922 Maintenance Aide I 6.40 6.72 7.05 7.40 7.77
M 923 Maintenance Aide II 7.34 7.70 8.08 8.50 8.92
M 928 Mobile Library Clerk 13.73 14.43 15.13 15.90 16.69
M 929 Page 6.16 6.47 6.79 7.13 7.48
M 974 Painter 13.08 13.73 14.43 15.13 15.90
M 930 Park Maintenance Assistant 11.36 11.93 12.53 13.17 13.82
M 931 Park Security Guard 14.01 14.71 15.44 16.22 17.04
M 932 Police Records Clerk I 12.03 12.63 13.26 13.93 14,62
M 933 Police Records Cleric II 13.08 13.73 14.43 15.13 15.90
M 934 Police Supply Cleric 13.13 13.79 14.47 15.20 15.96
M 816 Program Coordinator 11.03 11.59 12.17 12.78 13.42
M 935 Program Leader 6.16 6.47 6.79 7.13 7.48
24
"SEIU PART TIME UNIT"
EXHIBIT A
SEIU PART TIME WAGE RATE SCHEDULE
(Contd)
Effective 7-1-99
MOU OCC CLASS TITLE STEP A STEP B STEP C STEP D STEP E
CODE
M 936 Program Leader II $ 7.62 $ 8.00 $ 8.39 $ 8.82 $ 9.25
M 950 Public Works Survey Aide 11.14 11.70 12.29 12.90 13.54
M 972 Purchasing Clerk 13.84 14.53 15.27 16.02 16.83
M 938 Recreation Leader II(T) 6.29 6.60 6.93 7.28 7.64
M 939 Recreation Program Leader(T) 6.16 6.47 6.79 7.13 7.48
M 948 Security Guard 6.84 7.18 7.56 7.93 8.32
M 907 Senior Clerical Aide 10.93 11.47 12.05 12.65 13.28
M 817 Senior Library Assistant 14.35 15.06 15.81 16.60 17.44
M 924 Senior Maintenance Aide I 8.60 9.04 9.48 9.96 10.44
M 925 Senior Maintenance Aide II 9.77 10.27 10.77 11.31 11.88
M 926 Senior Maintenance Worker 12.24 12.85 13.50 14.17 14.88
M 940 Senior Program Leader 9.06 9.50 9.98 10.47 11.00
M 837 Senior Special Employment
Counselor 11.14 11.70 12.29 12.90 13.54
M 841 Senior Tutor 10.88 11.42 11.99 12.59 13.22
M 834 Special Employment Counselor I 7.44 7.82 8.22 8.62 9.06
M 835 Special Employment Counselor II 9.16 9.62 10.10 10.61 11.14
M 836 Special Employment Counselor III 10.32 10.83 11.37 11.94 12.54
M 943 Special Events Leader I 9.06 9.50 9.98 10.47 11.00
M 944 Special Events Leader II 11.03 11.59 12.17 12.78 13.42
M 942 Sports Attendant 6.16 6.47 6.79 7.13 7.48
M 946 Stores Aide 12.85 13.50 14.17 14.88 15.62
M 947 Street Lighting Engineer 24.90 26.20 27.48 28.87 30.32
M 842 Tutor 9.16 9.62 10.10 10.61 11.14
M 951 YES Program Coordinator 20.20 21.21 22.27 23.38 24.56
25
UNAFFILIATED CATEGORIES OF NON-CIVIL SERVICE
PART TIME EMPLOYMENT
7-1-99
MOU OCC CODE CLASS TITLE STEP A STEP B STEP C STEP D STEP E
O 800 Administrative Intern $ 9.26 $ 9.73 $ 10.21 $ 10.72 $ 11.26
O 913 Engineering Intern 12.24 12.85 13.50 14.17 14.88
O 861 Law Clerk 11.42 11.99 12.59 13.22 13.88
O 813 Police Cadet 7.72 8.10 8.52 8.94 9.40
O 819 Police Special Events Ofcr 14.01 14.71 15.44 16.22 17.04
O 810 Sr. Administrative Intern 11.14 11.70 12.29 12.90 13.54
O 860 Student Intern 6.16 6.47 6.79 7.13 7.48
26