HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC 2 (2001-2004) MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 347, AFL-CIO, PART TIME
EMPLOYEE REPRESENTATION UNIT FOR
THE PERIOD JULY 1, 2001 - JUNE 30, 2004
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347,
AFL-CIO, PART TIME EMPLOYEE
REPRESENTATION UNIT FOR
THE PERIOD JULY 1, 2001 - JUNE 30, 2004
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Exhibit A- 1
Exhibit A-2
Exhibit A-3
Recognition
Non-Discrimination Clause
Working Conditions
Compensation Plan
City-Paid Training/Instruction
Uniform Maintenance & Safety Shoes
Miscellaneous Provisions
Grievance Review Procedure
Agency Shop, Dues Deduction & Indemnification
City Rights
Waiver of Bargaining During The Term Of
This Agreement
Emergency Waiver Provision
Separability Provision
Term Of Agreement
Ratification & Execution
SEIU Part Time Wage Rate Schedule
(Effective 7-1-01 )
SEIU Part Time Wage Rate Schedule
(Effective 3-11-03)
SEIU Part time Wage Rate Schedule
(Effective 7-1-03)
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5
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15
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ARTICLE I
1.0 RECOGNITION
"SEIU PART TIME UNIT"
1.1
1.2
1.3
2.1
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 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.
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 requalify in the future.
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.
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
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
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2.2
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jurisdiction requiring a modification or change in any provision or provisions of this
Agreement in compliance with State or Federal anti-discrimination laws.
Whenever reference is made to the feminine gender, it shall be understood to include the
masculine gender, unless expressly stated otherwise.
3.1
3.2
3.3
3.4
ARTICLE III
3.0 WORKING CONDITIONS
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.
Rest Period. A paid rest period often (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.
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 ½) hours in a day shall be
entitled to a non-paid lunch period of one-half (½) hour. Such non-paid lunch
periods shall be scheduled at or about the midpoint of each work shift.
Maximum Hour Limits. Except for Crossing Guards, 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.
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.
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
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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.
4.1
4.2
4.3
ARTICLE IV
4.0 COMPENSATION AND OVERTIME
Waee Rate Schedule. The wage rates for designated class titles to which Part Time
employees are assigned are specified on the attached Exhibit A.
Effective the first day of the second payroll period following Council approval, the
base salaries of employees covered by this Agreement shall be increased by
approximately two and one-half percent (2.5%). This salary increase shall be for
fiscal year 2001-02, but no retroactive salary shall be paid.
Effective the first day of the second payroll period following Council approval, the
base salaries of employees covered by this Agreement shall be increased by
approximately four percent (4%). This salary increase shall be for fiscal year
2002-03, but no retroactive salary shall be paid.
Effective July 1, 2003, the base salaries of employees covered by this Agreement
shall be increased by approximately four percent (4%).
Compensation for Hours Worked. An employee's paycheck shall reflect the actual hours
worked during that pay period.
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 "A") 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.
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
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4.5
pay period next following the date of completion of said number of work hours.
Progression to successively higher steps shall be in accordance with the following
schedule:
A. Step B to Step C, after completion of 1040 hours of work at Step B;
B. Step C to Step D, after completion of 1040 hours of work at Step C;
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.
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:
Certification by the Chief Personnel Officer as having satisfactorily demonstrated
conversational fluency in both languages for any position requiring bilingual
capability.
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 maj or, essential or integral element of the work being
performed, will be designated as Primary Bilingual Assignments. Effective the first
day of the second period following Council approval, a qualified incumbent of such
position will be paid a differential of seventy-three cents ($.73) per hour above his
or her base hourly rate.
Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not a major,
essential or integral element of the work, will be designated as a Secondary Bilingual
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Assignment. Effective the pay period beginning June 26, 1992, a qualified
incumbent of such position will be paid a differential of twenty-three cents ($.23) per
hour above his or her base hourly rate.
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 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.
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.
The City agrees to contribute 3.75% of all such employees' wages into the
employees' retirement plan.
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.
In consideration of the inclusion in CalPERS 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.
Ail back contributions due to CalPERS by the employee and the City shall be
paid by the City.
4.7
"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.
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 g, 1996. An)' PERS-eligible Crossing Guard scheduled
for furlough between April 18 and June 30, 1996 will have that furlough cancelled.
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.
The City at no time will be required to pay contributions to two separate retirement
systems.
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.
5.1
ARTICLE V
5.0 CITY PAID TRAINING/INSTRUCTION
If a Part Time employee is required by his or her Department Head to attend a workshop,
seminar, conference or similar training/educational activity, the expense, if any, shall be
borne entirely by the department.
6.1
ARTICLE VI
6.0 UNIFORM MAINTENANCE & SAFETY SHOES
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 aniforms 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.
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6.2
7.1
"SEIU PART TIME UNIT"
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
During the term of this Agreement:
The City agrees to meet xvith 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.
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).
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.
Not~vithstanding the foregoing, personnel rules and regulations and departmental
rules and regulations exist within the City. These rules and regulations shall be
"SEIU PART TIME UNIT"
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.
During the term of this Agreement, the City and Union agree to form a joint labor-
management team for the purpose of defining issues of mutual interest in the
Recreation and Community Services Agency.
During the term of this Agreement, the City agrees to develop a process designed to
maintain the current practice of posting part time vacancies in the Library and to
create a similar process to post part time openings in the Recreation and Community
Services Agency.
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. The meeting will be held upon the mutual agreement of
the parties.
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.
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.
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
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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 wb. en
the grievant knew or should have reasonably become aware of the facts giving rise to
the grievance.
Every effort shall be made to find an acceptable solution to the grievance through this
informal means at the most immediate level of supervision.
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 formal.
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.
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.
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.
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
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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 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 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 (I 0) 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.
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.
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9.3 A~ency Shop.
"SEIU PART TIME UNIT"
9.4
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.
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 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.
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 (I 5) 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 Intemational 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.
The Union shall indemnify and hold the City, its officers and employees, harmless from any
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10.1
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.
ARTICLE X
10.0 CITY RIGHTS
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.
To determine the existence or nonexistence of facts which are the basis of the
Management decision.
To determine the necessity of organization of any service or activity conducted by the
City and expand or diminish services.
To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment and/or technology to be used.
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.
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.
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.
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10.2
To relieve employees from duties for lack of work or similar nondisciplinary reason,
subject to the provisions of the City Charter, Municipal Code, Federal and State law
and this Agreement.
K. To establish and modify productivity and performance programs and standards.
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.
To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Agreement.
To determine policies, procedures, and standards for selection, training and promotion
of employees.
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.
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.
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.
11.1
ARTICLE XI
11.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
During the term of this Agreement, the parties mutually agree that they will not seek to
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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.
11.2 During the term of this Agreement, the City and the Union shall meet to discuss the costs of
providing 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.
ARTICLE XIV
14.0 TERM OF AGREEMENT
14.1 The term of the Agreement shall be from July 1, 2001 through June 30, 2004.
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15.1
ARTICLE XV
15.0 RATIFICATION & EXECUTION
The City and the Union have reached an understanding as to certain recommendations to be
made to the City Council for the City of Santa Ana and have agreed that the parties hereto will
jointly urge said Council to adopt this Agreement which provides for the wages, hours and
other terms and conditions of employment for employees represented by the Part Time
Employees Representation Unit. The City and the Union acknowledge that this Agreement
shall not be in full fome 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 18TM
day of February, 2003.
Dated: '/4-
Dated:
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California
By:
CITY MANAGER
Dated:
EMPLOYEE RELATIONS MANAGER
ATTEST:
PATRICIA HEALY
Clerk of the Council
APPROVED AS TO FORM:
17
"SEIU PART TIME UNIT
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
1939/Service Employees International Union Local 347, AFL-CIO, Part Time Employees
Representation Unit.
18
"SEIU PART TIME UNIT"
EXHIBIT A-I
SEIU PART TIME WAGE RATE SCHEDULE
Effective 7-01-01
MOU OCC CLASS TITLE
M
M
M 977
M 900
M 901
M
M 902
M
M 904
M 906
M 905
M 908
M 909
M 910
M 969
M 911
M 978
M 912
M 914
M 915
M 801
M 916
M
M 917
M 830
M 918
M 919
M 920
M 921
M
M 922
M 923
M 928
M
M 929
M 974
M 930
M 931
M
STEP A STEP B STEP C STEP D STEP E
Account Clerk I $14.24 $14.94 $15.69 $16.47 $17.30
Account Clerk ll 14.58 16.07 16.87 17.71 18.59
Administrative Aide 18.07 18.96 19.92 20.92 21.96
Animal Keeper I 8.87 9.32 9.77 10.27 10.78
Animal Keeper Il 10.29 10.80 11.34 11.91 12.51
Animal Services Assistant 10.58 11.10 11.65 12.24 12.85
Assoc. Vol. Coordinator I5.67 16.44 17.27 18.14 I9.05
Building Maintenance Assistant 15.52 I6.30 17.11 17.97 18.87
Cashier 8.71 9.14 9.61 10.09 10.60
Clerical Aide 9.90 10.38 I0.92 11,47 12.03
Clerical Assistant 6.56 6.89 7.23 7.59 7.96
Clerk Typist I 11,20 I1.76 12.35 12.97 13.6I
Clerk Typist II 12.78 13.42 14.08 14.79 15.52
Community Center Aide 13.46 14.13 14.83 15,58 16.36
Computer Technician 14.36 15.08 15,83 16,63 17.47
Crossing Guard 7.41 7.79 8.17 8,57 9.01
Customer Service Clerk 14.79 15.52 16.31 17,12 17.97
Data Entry Clerk 12.27 12.89 I3.54 14.22 I4.93
Equipment Service Attendant 13.41 14.07 14.79 15.51 16.30
Evidence & Property CIerk 15.27 16.04 16.85 17,68 18.57
General Assistant 6.31 6.63 6.96 7.31 7.67
Graphics Aide 10.07 10.58 11.10 11.65 12.24
Housing Authority Assistant i5.89 16.69 17.53 18.41 19.33
Janitor 11.31 11.88 12.47 13.10 13.76
Learning Center Clerk I 11,20 11,76 12,35 I2,97 13,61
Librarian(PartTime) 16.45 17.28 18.15 19.07 20.02
Library Assistant 13.46 14.13 14.83 15,58 16.36
Library Clerk 1 11.20 11.76 12.35 12.97 13.61
Library Clerk 11 12.78 13.42 14.08 14.79 15.52
Loss Control Office Assistant 14.29 15.00 15.75 16.54 17.36
Maintenance Aide I 6.56 6.89 7.23 7,59 7.96
Maintenance Aide Il 7,52 7,89 8.28 8,71 9,14
Mobile Library Clerk 14.07 14.79 15.51 16.30 17.11
Municipal Utility Reader/Coll 14.15 14.86 15.60 16.38 17.20
Page 6.31 6.63 6,96 7.31 7.67
Painter 13.41 14.07 14.78 15.51 16.30
Park Maintenance Assistant 11.64 12.23 12.84 13.50 14.17
Park Security Guard 14.36 15.08 15.83 16.63 17.47
Permit Parking Aide 15,27 16,04 16,85 17,68 18,57
19
EXHIBIT A-1
SEIU PART TIME WAGE RATE SCHEDULE
(Contd)
Effective 7-1-01
MOU. OCC CLASS TITLE STEP A STEP B STEP C STEP D STEP E
CODE
M 932 Police Records Clerk i $12.33 $12.95 $13.59
M 933 Police Records Clerk Il 13.41 14.07 14.79
M 934 Police Supply Clerk 13.46 14.13 14.83
M 816 Program Coordinator 11.31 11.88 12.47
M 935 Program Leader I 6.31 6.63 6.96
M 936 Program Leader ll 7.81 8.20 8.60
M 950 Public Works Survey Aide I 1.42 11.99 12.60
M 972 Purchasing Clerk 14.19 14.89 i5.65
M 938 Recreation Leader Il (T) 6.45 6.77 7.10
M 939 Recreation Program Leader (T) 6.31 6.63 6.96
M 948 Security Guard 7.01 7.36 7.75
M 907 Senior Clerical Aide 11.20 11.76 12.35
M 817 Senior Library Assistant 14.7i 15.44 I6.2i
M 924 Senior Maintenance Aide 1 8.82 9.27 9.72
M 925 Senior Maintenance Aide Il 10,01 10.53 11.04
M 926 Senior Maintenance Worker 12.55 13.17 13.84
M 940 Senior Program Leader 9.29 9.74 i0.23
M 837 Senior Special Employment
Counselor 11.42 11.99 12.60
M 841 Senior Tutor 11.15 11.71 12.29
M 834 Special Employment Counselor I 7.63 8.02 8.43
M 835 Special Employment Counselor Il 9.39 9.86 10,35
M 836 Special Employment Counselor 111 10.58 11.10 11.65
M 943 Special Events Leader I 9.29 9.74 10.23
M 944 Special Events Leader 11 11.31 11.88 12.47
M 942 Sports Attendant 6.31 6.63 6.96
M 946 Stores Aide 13.17 13.84 14.52
M 947 Street Lighting Engineer 25.52 26.86 28.17
M 842 Tutor 9.39 9.86 10.35
M 951 YES Program Coordinator 20.71 21.74 22.83
$14.28 $14.99
15.51 16.30
15.58 16.36
13.10 13.76
7.31 7.67
9.04 9.48
13.22 13.88
16.42 17.25
7.46 7.83
7.3l 7.67
8.13 8.53
12.97 13.61
17.02 17.88
10.21 I0.70
11.59 12.18
I4.52 15.25
10.73 11.28
13.22 13.88
12.90 13.55
8.84 9.29
10.88 11.42
12.24 12.85
10.73 11.28
13.10 13.76
7.3l 7.67
15.25 16.01
29.59 31.08
10.88 I 1.42
2396 25.17
20
"SEIU PART TIME UNIT"
JOB
CODE
09041
09042
09770
09000
09010
03945
09020
09215
09040
09060
09050
09080
09090
09100
09690
09110
09780
09120
09140
09150
08010
09160
09750
09170
08300
09180
09190
09200
09210
09760
09220
09230
09280
09775
09290
09740
09300
09310
09505
09320
EXHIBIT A-2
SEIU PART TIME WAGE RATE SCHEDULE
Effective 3-11-03
CLASS TITLE
STEP A STEP B STEP C STEP D STEP E
Account Clerk 1
Account Clerk 11
Administrative Aide
Animal Keeper I
Animal Keeper 1I
Animal Services Assistant
Assoc. Vol. Coordinator
Building Maintenance Assistant
Cashier
Clerical Aide
Clerical Assistant
Clerk Typist I
Clerk Typist Il
Community Center Aide
Computer Technician
Crossing Guard
Customer Service Clerk
Data Entry Clerk
Equipment Service Attendant
Evidence & Property Clerk
General Assistant
Graphics Aide
Housing Authority Assistant
Janitor
Learning Center Clerk 1
Librarian (Part Time)
Library Assistant
Library Clerk 1
Library Clerk 1I
Loss Control Office Assistant
Maintenance Aide I
Maintenance Aide Il
Mobile Library Clerk
Municipal Utility Reader/Coil
Page
Painter
Park Maintenance Assistant
Park Security Guard
Permit Parking Aide
Police Records Clerk I
15.17 $ 15.91 $ 16.71 $ 17.54 $ 18.42
15.53 17.11 17.97 18.86 19.80
19.24 20.19 21.21 22.28 23.39
9.45 9.93 10.41 10.94 11.48
10,96 11.50 12.08 12.68 13.32
11.27 11.82 12.41 13.04 13.69
16.69 17.51 18.39 19.32 20.29
16.53 17.36 18.22 19.14 20.10
9.28 9.73 10.23 10.75 11.29
i0.54 11.05 11.63 12.22 I2.81
6.99 7.34 7.70 8.08 8.48
11.93 I2.52 13.15 13.81 14.49
13.61 14.29 15.00 I5.75 16.53
14.33 15.05 I5.79 16.59 17.42
15.29 16.06 16.86 17.71 18.61
7.89 8.30 8.70 9.13 9.60
15.75 16.53 17.37 18.23 19.14
13.07 13.73 14.42 15.14 15.90
14.28 14.98 I5.75 16.52 17.36
16.26 17.08 17.95 18.83 19.78
6.72 7.06 7.41 7.79 8.17
10.72 11.27 11.82 12.41 13.04
16.92 17.77 18.67 19.61 20.59
12.05 12.65 13.28 13.95 14.65
11.93 12.52 i3.15 13.81 14.49
17.52 18.40 I9.33 20.31 21.32
14.33 15.05 15.79 16.59 17.42
11.93 12.52 13.15 13.81 14.49
13.61 14.29 15~00 15.75 i6.53
15.22 15.98 16.77 17.62 18.49
6.99 7.34 7.70 8.08 8.48
8.01 8.40 8.82 9.28 9.73
14.98 15.75 16.52 17.36 18.22
15.07 15~83 16.61 17.44 18.32
6.72 7.06 7.41 7.79 8.17
14.28 14.98 15.74 16.52 17.36
12.40 13.02 13.67 14,38 15.09
15.29 16.06 16.86 17.71 18.61
16.26 17.08 17.95 18.83 19.78
13.13 13.79 14.47 15.21 15.96
21
JOB
CODE
09330
09340
08160
09350
09360
09500
09720
09380
09390
09480
09070
08170
09240
09250
09260
09400
08370
08410
0834O
08350
08360
09430
09440
09420
09460
09470
08420
09510
CLASS TITLE
EXHIBIT A-2
SEIU PART TIME WAGE RATE SCHEDULE
(Contd)
Effective 3-11-03
STEP A STEP B STEP C STEP D
Police Records Clerk 11
Police Supply Clerk
Program Coordinator
Program Leader l
Program Leader Il
Public Works Survey Aide
Purchasing Clerk
Recreation Leader lI (T)
Recreation Program Leader (T)
Security Guard
Senior Clerical Aide
Senior Library Assistant
Senior Maintenance Aide l
Senior Maintenance Aide Il
Senior Maintenance Worker
Senior Program Leader
Senior Special Employment
Counselor
Senior Tutor
Special Employment Counselor I
Special Employment Counselor Il
Special Employment Counselor III
Special Events Leader l
Special Events Leader Il
Sports Attendant
Stores Aide
S~eet Lighting Engineer
Tutor
YES Program Coordinator
STEP E
14.28 $14.98 $15.75 $16.52 $17.36
14.33 15.05 15.79 16.59 17.42
12.05 12.65 13.28 13.95 I4.65
6.72 7.06 7.41 7.79 8.17
8.32 8.73 9.16 9.63 10.10
12.16 12.77 13.42 14.08 14.78
15.1I 15.86 16.67 17.49 18.37
6.87 7.21 7.56 7.94 8.34
6.72 7.06 7.41 7.79 8.17
7.47 7.84 8.25 8.66 9.08
11.93 12.52 13.15 13.81 14.49
15.67 16.44 17.26 18.13 19.04
9.39 9.87 10.35 10.87 11.40
10.66 11.21 11.76 12.34 12.97
13.37 14.03 14.74 15.46 16.24
9,89 10.37 10.89 11.43 12.01
12.16 12.77 13.42 14.08 14.78
11.87 12.47 13.09 13.74 14.43
8.13 8.54 8.98 9.41 9.89
10.00 10.50 11,02 11.59 I2.16
11.27 11.82 12.41 13.04 13.69
9.89 10.37 10.89 11.43 12.01
12.05 12.65 13.28 13.95 14.65
6.72 7.06 7.41 7.79 8.17
14.03 14.74 15.46 16.24 17.05
27.18 28.61 30.00 31.51 33.10
10.00 10.50 11.02 11.59 12.16
22.06 23.15 24.31 25.52 26,81
22
"SEIU PART TIME UNIT"
EXHIBIT A-3
SEIU PART TIME WAGE RATE SCHEDULE
Effective 7-1-03
JOB CLASS TITLE STEP A STEP B STEP C STEP D STEP E
CODE
09041 Account Clerk I $15.78 $16.55 $17.38 $ 18.24 $ 19.16
09042 Account Clerk Il 16,15 17.79 18.69 19.61 20.59
09770 Administrative Aide 20.01 21.00 22.06 23.17 24.33
09000 Animal Keeper I 9.83 10.33 10.83 11.38 11.94
09010 Animal Keeper Il 11.40 11.96 12.56 13.19 13.85
03945 Animal Services Assistant 11.72 12.29 12~91 13.56 14.24
09020 Assoc. Vol. Coordinator 17.36 18.21 19.13 20.09 21.I0
09215 Building Maintenance Assistant 17.19 18.05 18.95 19.91 20.90
09040 Cashier 9.65 10.12 10.64 11.I 8 11.74
09060 Clerical Aide 10.96 11.49 12.10 12.71 13.32
09050 Clerical Assistant 7.27 7.63 8.01 8.40 8.82
09080 Clerk Typist i 12.41 13.02 13.68 14.36 15.07
09090 Clerk Typist Il 14.15 14.86 15.60 16.38 17.19
09100 Community Center Aide 14.90 15.65 16.42 17.25 18.12
09690 Computer Technician 15.90 16.70 17.53 18.42 19.35
09110 Crossing Guard 8.21 8.63 9.05 9.50 9.98
09780 Customer Service Clerk 16.38 17.19 18.06 18.96 19.91
09120 Data Entry Clerk 13.59 14.28 15.00 15.75 I6.54
09140 Equipment Service Attendant 14.85 15.58 16.38 17.18 18.05
09150 Evidence & Property Clerk 16,91 17.76 18.67 19.58 20.57
08010 General Assistant 6.99 7.34 7.71 8.10 8.50
09160 Graphics Aide 11.15 11.72 12.29 12.91 13.56
09750 Housing Authority Assistant 17.60 18.48 19.42 20.39 21.41
09170 Janitor 12.53 13.16 13.81 14.51 15.24
08300 Learning Center Clerk 1 12.41 13.02 13.68 14.36 15.07
09180 Librarian(PartTime) 18.22 19A4 20.10 21.12 22.17
09190 Library Assistant 14.90 15.65 16.42 17.25 18.12
09200 Library Clerk I 12.41 13.02 13.68 14.36 15.07
09210 Library Clerk II 14.15 14.86 15.60 16.38 17.19
09760 Loss Control Office Assistant 15.83 16.62 17.44 18.32 19.23
09220 Maintenance Aide I 7.27 7.63 8.01 8.40 8.82
09230 Maintenance Aide 1I 8.33 8.74 9.17 9.65 10.12
09280 Mobile Library Clerk 15.58 16.38 17.18 18.05 18.95
09775 Municipal Utility Reader/Coil 15.67 16.46 17.27 18.14 I9.05
09290 Page 6.99 7.34 7.71 8,10 8.50
09740 Painter 14.85 15.58 16.37 17.18 18.05
09300 Park Maintenance Assistant 12.90 13.54 14.22 14.96 15.69
09310 Park Security Guard 15.90 16.70 17.53 18.42 19.35
09505 Permit Parking Aide 16.91 17.76 18.67 19.58 20.57
09320 Police Records Clerk 1 13.66 14.34 15.05 15.82 16.60
23
EXHIBIT A-3
SEIU PART TIME WAGE RATE SCHEDULE
(Contd)
Effective 7-1-03
MOU. OCC CLASS TITLE
09330
09340
08160
09350
09360
09500
09720
09380
09390
09480
09070
08170
09240
09250
09260
09400
08370
08410
08340
08350
08360
09430
09440
09420
09460
09470
08420
09510
STEP A STEP B STEP C STEP D STEP E
Police Records Clerk II $14,85 $15.58
Police Supply Clerk 14.90 15,65
Program Coordinator 12,53 13.16
Program Leader I 6.99 7.34
Program Leader Il 8.65 9.08
Public Works Survey Aide 12.65 13.28
Purchasing Clerk 15.71 16.49
Recreation Leader ll (T) 7,14 7.50
Recreation Program Leader (T) 6.99 7.34
Security Guard 7.77 8.15
Senior Clerical Aide 12.41 13.02
Senior Library Assistant 16.30 17. I 0
Senior Maintenance Aide 1 9.77 10.26
Senior Maintenance Aide Il l 1.09 11.66
Senior Maintenance Worker 13.90 14.59
Senior Program Leader 10.29 10.78
Senior Special Employment
Counselor i2.65 13.28
Senior Tutor 12.34 12.97
Special Employment Counselor I 8.46 8.88
Special Employment Counselor II 10.40 10.92
Special Employment Counselor II1 11.72 12.29
Special Events Leader 1 10.29 10.78
Special Events Leader I1 12.53 13.16
Sports Attendant 6.99 7.34
Stores Aide 14.59 15,33
Street Lighting Engineer 28.27 29.75
Tutor 10.40 10.92
YES Program Coordinator 22.94 24.08
$16.38 $17,18 $18,05
16.42 17.25 18,12
13.81 14.51 15.24
7.71 8.10 8,50
9.53 10.02 10.50
13,96 14,64 15.37
17.34 18.19 I9.10
7.86 8.26 8.67
7.71 8,10 8.50
8,58 9.01 9.44
13.68 14.36 15.07
17.95 18.86 19.80
10.76 11.30 ll.86
12.23 12.83 13.49
15.33 16.08 16.89
11.33 11.89 12.49
13.96 14.64 15.37
13.61 14.29 15.01
9.34 9.79 10.29
11.46 12.05 12.65
12.91 13.56 14,24
11.33 11.89 12.49
13.81 14.51 15,24
7.71 8.10 8.50
16.08 16.89 17.73
31.20 32,77 34.42
11.46 12.05 12,65
25.28 26.54 27.88
24