HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) - PART-TIME NON CIVIL SERVICE (2010-2013)'~.'
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A-2011-033
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 721, PART TIME NON CIVIL SERVICE
EMPLOYEE REPRESENTATION UNIT FOR
THE PERIOD JULY 1, 2010 -JUNE 30, 2013
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721,
PART TIME EMPLOYEE NON CIVIL SERVICE
REPRESENTATION UNIT FOR
THE PERIOD JULY 1, 2010 -JUNE 30, 2013
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
Article I Recognition 3
Article II Non-Discrimination Clause 3
Article III Working Conditions 4
Article IV Compensation and Overtime 5
Article V City-Paid Training/Instruction 8
Article VI Uniform Maintenance & Safety Shoes 8
Article VII Miscellaneous Provisions 9
Article VIII Grievance Review Procedure 11
Article IX Agency Shop, Dues Deduction & Indemnification 12
Article X City Rights 14
Article XI Waiver of Bargaining During The Term of
This Agreement 16
Article XII Emergency Waiver Provision 16
Article XIII Separability Provision 16
Article XIV Term of Agreement 1'7
Article XV Ratification & Execution 1'7
Exhibit A SEIU Part Time Hourly Wage Rate Schedule 19
(Effective 7-1-10)
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ARTICLE I
1.0 RECOGNITION
1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section
3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized Santa
Ana City Employees, Chapter 1939/Service Employees International Union Local 347
721, (hereinafter called the "Union") as the exclusive representative of the representation
unit which includes part time personnel employed by the City as defined in Section 1.2,
immediately hereafter.
1.2 To be entitled to the contract rights provided in this Part Time Employee Representation
Unit, employees must be employed in the classifications listed in Exhibits A-1 and A-2,
respectively, (attached hereto) and must have worked for at least four hundred (400)
hours and five (5) months in a fiscal year. Employees in classifications listed in Exhibit
A, who have met the four hundred (400) hours and five (5) months qualification
requirement during any fiscal year beginning with 1997-98, are entitled to the contract
rights provided in this Memorandum of Understanding (MOU) and shall not be required
to re-qualify in the future.
The City will provide the Union a list that identifies the cumulative number of hours
worked each fiscal year for all Part Time employees. This list will be provided each
month of each fiscal year.
1.3 In accordance with Article X, Section 1002 of the City Charter of the City of Santa Ana,
all Part Time positions or employments requiring less than twenty (20) regular hours of
employment per week are in the "Excepted Service" of the City; that is, they are not
covered by the Civil Service System of the City. Nothing in this Agreement shall be
deemed to confer any vested rights or rights greater than those provided in the Charter or
ordinances of the City to employees in the Part Time representation unit.
ARTICLE II
2.ONQN-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.
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2.2 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 any Part Time employee may be required to work, or whether such Part
Time employee shall work at all.
A. Rest Period. A paid rest period of 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. 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 (''/z) hour. Such non-paid lunch periods shall be scheduled
at or about the midpoint of each work shift.
3.2 Maximum Hour Limits. Part Time employees are limited to a maximum of twenty (20)
hours of work per week. Part Time employees are limited to a maximum of nine hundred
and ninety-nine (999) hours per fiscal year (July 1 each year through June 30 of the
following year).
The City will provide timely notification to Part Time employees prior to the attainment
of their maximum annual limit of work hours, but failure to provide such notification
shall not be the basis for any liability of the City.
A. Holidays. The City agrees to grant Holiday pay as follows:
• New Year's Day
• Memorial Day
• Thanksgiving Day
• Christmas Day
Only part time employees that are required to work on the day of the week in
which the holiday referenced above actually occurs will receive holiday pay at
time and one half.
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
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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 AND OVERTIME
4.1 Wade Rate Schedule. The wage rates for designated class titles to which Part Time
employees are assigned are specified on the attached Exhibit A.
A. Effective July 1, 2010, the base salaries of employees covered by this Agreement
shall not be increased.
B. Effective July 1, 2011, the base salaries of employees covered by this Agreement
shall not be increased.
C. Effective July 1, 2012, the base salaries of employees covered by this Agreement
shall not be increased.
4.2 Compensation for Hours Worked. An employee's paycheck shall reflect the actual hours
worked during that pay period.
A. Adjustment of Time Sheets. The employee must be given an explanation of any
changes to his/her time sheet within 24 hours of any change.
4.3 Initial Wade. The initial wage rate for new employees covered by this Agreement
shall be the lowest rate assigned to the class title in the aforementioned Part Time Wage
Rate Schedule (Exhibits A-1 and A-2, respectively) to which the employee is appointed;
provided, however, the Appointing Authority may appoint a new employee at a higher
step in the applicable wage rate range assigned to the class title if there has been unusual
difficulty in recruiting competent employees at the lowest rate, or the higher initial rate
selected is commensurate with the education and experience of the appointee. An
employee shall be entitled to advance to the next higher step, if any, in the rate range
assigned to his or her class title in accordance with further provisions of this Article.
4.4 Advancement Within Ran es.
A. Part Time employees shall be entitled to advance from Step A to Step B after
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"SEIU PART TIME UNIT"
completing 1040 hours of work, effective the first day of the pay period next
following the date of completion of said number of work hours.
B. Progression to successively higher steps shall be in accordance with the following
schedule.
1. Step B to Step C, after completion of 1040 hours of work at Step B;
2. Step C to Step D, after completion of 1040 hours of work at Step C;
3. Step D to Step E, after completion of 1040 hours of work at Step D.
The effective date of an increase to a higher step shall be the first day of the pay period
next following the date of completion of the specified number of work hours required for
advancement.
4.5 Bilin ual Pay. A 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, shall be paid an hourly assignment pay differential in
accordance with the criteria and amounts set forth below:
A. Certification by the Executive Director of Personnel Services, or his or her designee,
as having satisfactorily demonstrated conversational fluency in both languages for
any position requiring bilingual capability.
B. Positions where it has been determined by the Department Head that bilingual
proficiency is essential to carry out duties and responsibilities of a critical and/or
emergency nature without ready access to backup assistance, or positions where
bilingual public contact is a major, essential or integral element of the work being
performed, shall be designated as Primary Bilingual Assignments. A qualified
incumbent of such position shall be paid a differential of seventy-three cents ($.73)
per hour above his or her base hourly rate.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not major,
essential, or integral element of the work, shall be designated as a Secondary
Bilingual Assignment. A qualified incumbent of such position shall be paid a
differential of twenty-three cents ($.23) per hour above his or her base hourly rate.
D. The number of such Primary and/or Secondary Bilingual Assignments shall be no
larger than the requirements of the department as determined solely by the
Department Head and the City Manager.
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E. There shall be periodic recertification of such bilingual capability.
4.6 Deferred Compensation. The City has adopted a qualified retirement plan for all Part
Time, Temporary and Emergency employees not covered by Ca1PERS to satisfy the
requirements of the Omnibus Budget Reconciliation Act of 1990. This plan is a qualified
Section 457 Deferred Compensation Plan. The disbursement from the plan shall be
consistent with the law and the policies and procedures established by the City.
A. The City and the Union further agree that all such employees shall be required to
contribute 3.75% of their wages into the City-adopted qualified retirement plans,
such as Section 457 Deferred Compensation Plan.
B. The City agrees to contribute 3.75% of all such employees' wages into the
employees' retirement plan.
C. If, at any time in the future, the Internal Revenue Service rules that the adopted
retirement plan does not meet Federal requirements as a qualified alternative
retirement system to Social Security coverage, the City shall discontinue its
contributions into said plan for affected employees and shall not assume
responsibility for the payment of any back taxes due for Social Security coverage or
for payments to any other qualified retirement plan for affected employees except for
those payments mandated by law to be paid for by an employer.
D. In consideration of the inclusion in 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 Ca1PERS program.
• All back contributions due to Ca1PERS by the employee and the City shall be paid
by the City.
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. The City at no time shall be required to pay contributions to two separate retirement
systems.
4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the
employee to overtime compensation, at a rate equal to one and one-half (1 %2) times the
employee's regular hourly rate of pay.
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"SEIU PART TIME UNIT"
A. Employees who work overnight trips and remain available for duty for any 24 hour
period shall be paid for 16 hours each 24 hour period.
B. Any partial day worked shall be paid based on actual hours worked on that day.
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, including the employee's wages.
ARTICLE VI
6.0 UNIFORM MAINTENANCE & SAFETY SHOES
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 field personnel.
6.2 Safet Shoes.
A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per affected
employee, for the purchase and/or repair of approved safety shoes boots. The option
of purchase and/or repair shall be at the sole discretion of the employee.
B. All safety shoes/boots purchased under this program must meet the requirements
under the American Society for Testing and Materials (ASTM) F 2412-OS and F
2413-05.
C. If a particular class of employment is designated as requiring its incumbents to wear
safety shoes, then it will be mandatory for all incumbents of that class to wear the
type of safety shoe (boot or low-quarter) deemed to be appropriate by the Department
Head (some exemptions may be allowed, on a case-by-case basis, depending on the
type and amount of exposure to hazard in particular positions and subject to the
approval or disapproval of the City's Safety Officer).
D. The procedure necessary to be followed for the implementation and operation of this
program shall be in accordance with the existing policies and procedures as
previously established by the City.
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ARTICLE VII
7.0 MISCELLANEOUS PROVISIONS
7.1 During the term of this Agreement:
A. It is understood and agreed that the parties to this MOU are subject to all current
and 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.
B. Notwithstanding the foregoing, personnel rules and regulations and departmental
rules and regulations exist within the City. These rules and regulations shall be
continued to the extent they do not contravene specific provisions of this
Agreement. Such rules and regulations may, from time to time, be changed by the
City. If these changes affect wages, hours, and/or other terms and conditions of
employment, the City shall meet and confer with the Union; provided, further,
however, no provision of the rules and regulations shall be changed to contravene
specific provisions of this Agreement.
C. If any part time employee is terminated from employment with the City, he or she
may request a review of the action with the Department head or designee prior to
the effective date of the action. Said meeting shall be held prior to the effective
date of the action.
D. Union Release Time for Union Officials, Board Members, and Employee
Representatives.
1) The City's Executive Director of Personnel Services shall be provided with a
list of names and classification titles of the part-time employees serving as the
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Union's Board members, Officers, and employee Representatives. Such
Board members, Officers, and Employee Representatives shall be considered
work site representatives.
2) During the term of this Agreement, the City agrees to grant up to a total of
fifty (50) hours per fiscal year on anon-cumulative basis to this bargaining
unit to allow its work site representatives, without loss of pay, to perform the
responsibilities of their positions as follows: the investigation and processing
of grievances, including representation at all levels of the grievance
procedure; meetings with Department Heads involving the termination of
part-time employees, as referenced in Article VII, Section 7.1C; joint labor-
management meetings; meet and confer sessions; and contract negotiations.
3) Such part-time work site representatives shall make advance arrangements
with their supervisors prior to absenting themselves for such purposes and
shall be required by the City to recor and report to their supervisors on the
work time spent in assisting other employees or on Union business, as defined
in #2 above. Such time shall be recorded as "union representative time."
E. Executive Board Member's Union Release Time.
1) The City's Executive Director of Personnel Services shall be provided with
the name and classification title of the part-time employee serving as the
Union's Executive Board Member.
2) One (1) designated SEIU Local 721 Executive Board Member shall be
allowed up to 20 hours per year without loss of pay and benefits to perform
the responsibilities of his/her position.
3) The Union shall reimburse the City for 100% of the salary, including any
premium payments and benefit costs for Union Release Time.
4) The Union agrees to pay for Union Release Time within thirty (30) days of
receiving the bill from the City.
5) Such Executive Board Member shall make advance arrangements with his or
her supervisor prior to absenting him or herself for such purpose and shall be
required by the City to record and report to his or her supervisor on the work
time spent in Union Release Time. Such time shall be recorded as "union
release time."
F. Health Benefits. During the term of this Agreement, the City and SEIU agree to
form a joint labor-management team for the purpose of exploring the possibility of
part-time employees participating in the City's medical benefits plan, at no cost to
the City. In no event shall this provision automatically grant part-time employees
access to such a plan.
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G. Promotional Opportunities. The City shall give part-time employees the opportunity
to apply for full-time "open," "open and promotional," and
"restricted" positions.
ARTICLE 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.
A. An employee and/or his or her designated representative must first attempt to resolve
the grievance on an informal basis through discussion with his or her immediate
supervisor without undue delay, but in no case, beyond a period of fifteen (15)
calendar days after the occurrence of the alleged incident giving rise to the grievance,
or when the grievant knew or should have reasonably become aware of the facts
giving rise to the grievance.
B. Every effort shall be made to find an acceptable solution to the grievance through this
informal means at the most immediate level of supervision.
C. In order that this informal procedure may be responsive, both parties involved shall
expedite this process. If, within fifteen (15) calendar days, a mutually acceptable
solution has not been reached at the informal level, the employee and/or the
employee's designated representative shall then set forth the grievance in writing,
indicate the nature of the action desired, sign it, and submit it in duplicate to the
employee's Department Head. At this point, the grievance review process becomes
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.
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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
fifteen (15) working days after the grievance has been submitted to the Department
Head. The Department Head, or his or her designated representative, shall review
the grievance and may affirm, reverse or modify the disposition made at the First
Step and shall deliver his or her answer to the employee and/or the employee's
designated representative within ten (10) calendar days after said meeting.
B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the
employee and/or the employee's representative may submit the grievance in writing
to the City Manager, or his or her designated representative, within thirty (30) days
of being informed of the disposition made at the Second Step. Failure of the
grievant and/or his or her designated representative to take this action shall constitute
a waiver and bar to the grievance, and the grievance shall be considered settled on
the basis of the disposition made at the Second Step.
The City Manager, or his or her designated representative, shall meet with the
employee and/or the employee's designated representative, within fifteen (15)
calendar days after submission of the grievance. The City Manager, or his or her
designated representative, after careful review, may affirm, reverse or modify the
disposition made at the Second Step and his or her decision, which shall be final and
binding, shall be delivered, in writing, to the employee and/or the employee's
designated representative within fifteen (15) calendar days after said meeting.
A copy of the written grievance to the City Manager, or his or her duly authorized
representative, and of the City Manager's or his or her representative's written
decision shall be filed in the personnel records of the department and the grievant's
personnel jacket maintained in the City Personnel Services Department.
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
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9.1 A encamp 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 (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 four hundred (400) hours and five (5)
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.
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 him or her with an authorization
form for the deduction of Union dues. Said employees shall have thirty (30) calendar
days following the qualifying date to fully execute the Authorization Form of his or
her choice and to return said form to the Agency/Department payroll section. The
City shall initiate payroll deduction of Union dues, service fees, or charitable
contributions beginning the first pay period of employment.
C. Any employee of the City subject to this MOU who wishes to execute a written
declaration claiming a religious exemption from paying Union dues, and who is a
member of a bona fide religion, body or sect which has historically held
conscientious objections to joining or financially supporting a public employee
organization and which is recognized as such by the Public Employer Relations
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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 Manager or his or her
designee. If challenged, the deduction to the charity of the employee's choice shall
commence but shall be held in escrow pending resolution of the challenge.
Charitable contributions shall be by regular payroll deduction only. For purposes of
this section, "charitable deduction" means a contribution to one of three non-profit
organizations, with the United Way being one of them.
The Santa Ana City Employees, Chapter 1939/Service Employees International Union
Local 721, shall indemnify and hold the City, its officers and employees, harmless from
any and all claims, demands, suits, or any other action arising from the Agency Shop
provisions herein. In no event shall the City be required to pay from its own funds,
Union Dues, service fees or charitable contributions, which the employee was obligated
to pay, but failed to pay, regardless of the reasons.
ARTICLE 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, technology, and extent of services to be
provided to the public.
E. To determine methods of financing.
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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 non- disciplinary reason,
subject to the provisions of the City Charter, Municipal Code, Federal and State law
and this Agreement.
K. To establish and modify productivity and performance programs and standards.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in
accordance with the provisions set forth in the City Charter and Santa Ana Municipal
Code.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Agreement.
O. To determine policies, procedures, and standards for selection and training and
promotion of employees.
P. To establish employee performance standards including but not limited to quality and
quantity standards and to require compliance therewith.
Q. To maintain order and efficiency in its facilities and operations.
R. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Agreement.
S. To take any and all necessary action to carry out the mission of the City in
emergencies.
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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 shall not seek to
negotiate or bargain with regard to wages, hours and terms and conditions of
employment, whether or not covered by the Agreement or in the negotiations leading
thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Agreement. Regardless of the waiver contained in this Article, the parties may, however,
by mutual agreement in writing, agree to meet and confer about any matter during the
term of this Agreement.
ARTICLE 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 shall be reinstated immediately. The Union shall have the right to meet and
confer with the City regarding the impact on employees of the suspension of the
provisions in the Agreement during the course of the emergency.
ARTICLE 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
16
"SEIU PART TIME UNIT"
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 Agreement shall be from July 1, 2010 through June 30, 2013.
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 shall jointly urge said Council to adopt this Agreement which provides for the
wages, hours and other terms and conditions of employment for employees represented
by the Part Time Employees Representation unit. The City and the Union acknowledge
that this Agreement shall not be in full force and effect until ratified by the membership
of the Union and adopted by the City Council of the City of Santa Ana. Subject to the
foregoing, this Agreement is hereby executed by the authorized representatives of the
City and the Union and entered in to this 7t" day of February 2011.
CITY OF SANTA ANA, a municipal
corpora~ie;~},11~State of California
Dated: FEB 1 5 ~~~~~
B~
R
Dated: ~~.8 ~ ~ Z011
Dated: fL1-~t~
ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
~,
1
By: ,SIG ~~-_---
CITY MANAGER
EXECUTIVE DIRECTOR OF
PERSONNEL SERVICES
VED AS^~'O FORM:
'j OS H STRAKA
ASSISTANT CITY ATTORNEY
17
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter
1939/Service Employees International Union Local 721, Part Time Employees Representation
Unit.
Dated: r ~ ~J ~ l
-~
.~ ,~_ .z ~, ~.
Rose Rangel
Negotiator I, SEIU
~~~
Sandra Cortez
__~~/ ~
Michael Sherrit{, General Manager
~~
Ernie Rodriguez
~ ~ /~~
Joaquin Avalos
President, SEIU
Renee Hernandez
18
SEIU PART TIME UNIT
SEIU PART TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE 711/10
Exhibit A
STEP STEP STEP STEP STEP
JOB TITLE A B C D E
ACCOUNT CLERK I 18.37 19.26 20.23 21.24 22.30
ACCOUNT CLERK II 20.32 21.33 22.42 23.52 24.70
ACCOUNTANT 31.21 32.78 34.41 36.14 37.95
ADMINISTRATIVE AIDE 23.29 24.46 25.68 26.97 28.31
ANIMAL KEEPER I 11.44 12.02 12.61 13.25 13.90
ANIMAL KEEPER II 13.27 13.92 14.63 15.35 16.11
BUILDING MAINTENANCE ASST. 20.01 21.01 22.06 23.19 24.32
CASHIER 11.22 11.79 12.38 13.02 13.66
CLERICAL AIDE 13.13 13.79 14.50 15.24 15.98
CLERICAL ASSISTANT 8.53 8.96 9.40 9.87 10.36
CLERK TYPIST I 14.44 15.16 15.93 16.73 17.55
CLERK TYPIST II 16.97 17.81 18.71 19.64 20.60
COMBINATION INSPECTOR 28.45 29.87 31.38 32.94 34.60
COMMUNITY CENTER AIDE 17.34 18.21 19.12 20.08 21.09
COMPUTER TECHNICIAN 18.51 19.44 20.41 21.44 22.53
CROSSING GUARD 9.56 10.06 10.55 11.07 11.62
CUSTOMER SERVICE CLERK 19.08 20.01 21.02 22.07 23.19
DATA ENTRY CLERK 15.82 16.62 17.48 18.34 19.25
EQUIP. SVC. ATTENDANT 17.81 18.68 19.64 20.59 21.64
GENERAL ASSISTANT 8.53 8.96 9.40 9.87 10.36
GRAPHICS AIDE 12.98 13.64 14.31 15.03 15.79
HOUSING AUTHORITY ASST. 20.49 21.51 22.60 23.74 24.93
JANITOR 14.59 15.31 16.07 16.88 17.75
LIBRARIAN (PART-TIME) 21.22 22.28 23.40 24.58 25.81
LIBRARY ASSISTANT 17.87 18.76 19.69 20.69 21.74
LIBRARY CLERK I 14.88 15.62 16.41 17.23 18.07
LIBRARY CLERK II 16.48 17.30 18.15 19.08 20.01
LOSS CONTROL OFFICE ASST. 18.42 19.35 20.30 21.32 22.39
MAINTENANCE AIDE I 8.53 8.96 9.40 9.87 10.36
MAINTENANCE AIDE II 9.97 10.47 10.99 11.56 12.15
MOBILE LIBRARY CLERK 18.13 19.08 20.00 21.01 22.06
MUNICIPAL UTILITY READER/COLL. 18.25 19.16 20.10 21.12 22.18
PAGE 8.53 8.96 9.40 9.87 10.36
PAINTER 17.29 18.13 19.07 20.00 21.01
PARK MAINTENANCE ASST. 15.46 16.24 17.06 17.93 18.82
PARK RANGER (PART TIME) 25.67 26.96 28.30 29.73 31.22
PARK SECURITY GUARD 18.51 19.44 20.41 21.44 22.53
PARKING METER MAINTENANCE AIDE 16.80 17.63 18.53 19.45 20.42
PERMIT PARKING AIDE 19.69 20.68 21.74 22.80 23.95
PLANNING TECHNICIAN 23.40 24.56 25.80 27.09 28.45
POLICE RECORDS CLERK I 15.90 16.70 17.53 18.41 19.33
POLICE RECORDS CLERK II 17.29 18.13 19.08 20.00 21.01
POLICE SUPPLY CLERK 17.34 18.21 19.12 20.08 21.09
PROGRAM COORDINATOR 15.02 15.77 16.55 17.38 18.29
PROGRAM LEADER I 8.53 8.96 9.40 9.87 10.36
19
PROGRAM LEADER II 10.37 10.89 11.43 12.01 12.59
PUBLIC WORKS RECORDS ASSISTANT 21.94 23.04 24.20 25.41 26.68
PURCHASING AGENT 29.02 30.46 31.99 33.59 35.26
PURCHASING CLERK 18.30 19.20 20.19 21.18 22.23
RIGHT OF WAY TECHNICIAN 14.72 15.46 16.26 17.05 17.89
SENIOR ADMINISTRATIVE AIDE 25.64 26.91 28.26 29.67 31.16
SENIOR CLERICAL AIDE 14.88 15.62 16.41 17.23 18.07
SENIOR PROGRAM LEADER 12.28 12.86 13.53 14.19 14.90
SPECIAL EMP. COUNSELOR I 9.85 10.34 10.88 11.40 11.97
SPECIAL EMP. COUNSELOR II 12.11 12.71 13.35 14.03 14.72
SPECIAL EMP. COUNSELOR III 13.64 14.31 15.03 15.79 16.57
SPECIAL EVENTS LEADER I 11.97 12.56 13.18 13.85 14.54
SPECIAL EVENTS LEADER II 14.59 15.31 16.07 16.88 17.75
SPORTS ATTENDANT 8.53 8.96 9.40 9.87 10.36
SR. LIBRARY ASSISTANT 18.97 19.91 20.89 21.96 23.04
SR. MAINTENANCE AIDE I 11.38 11.94 12.53 13.15 13.81
SR. MAINTENANCE AIDE II 12.90 13.57 14.24 14.93 15.70
SR. MAINTENANCE WORKER 16.18 16.99 17.85 18.72 19.66
SR. SPECIAL EMP. COUNSELOR 14.72 15.46 16.26 17.05 17.89
SR. TUTOR 14.37 15.10 15.84 16.63 17.49
STORES AIDE 16.99 17.85 18.72 19.66 20.63
STRUCTURAL PLAN EXAMINER I 31.22 32.79 34.42 36.15 37.95
STRUCTURAL PLAN EXAMINER II 33.43 35.11 36.85 38.69 40.62
SUPERVISING PARK RANGER (PART TIME) 29.00 30.46 31.99 33.59 35.26
TUTOR 12.11 12.71 13.35 14.03 14.72
20