HomeMy WebLinkAboutSERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) - PART-TIME NON CIVIL SERVICE (2015-2017)4 t
JULY 1, 2015 - JUNE 300 2017 .
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
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, 2015 —JUNE 30, 2017
ARTICLE
SUBJECT
PAGE
Article I
Recognition
3
Article II
Non - Discrimination Clause
4
Article III
Working Conditions
5
Article IV
Compensation and Overtime
7
Article V
Union Trust & Insurance
11
Article VI
City -Paid Training /Instruction
12
Article VII
Uniform Maintenance, Safety Shoes & Tools
13
Article VIII
Miscellaneous Provisions
14
Article IX
Grievance Review Procedure
17
Article X
Agency Shop, Dues Deduction & Indemnification
19
Article XI
City Rights
21
Article XII
Waiver of Bargaining During Term of Agreement
23
Article XIII
Emergency Waiver Provision
23
Article XIV
Separability Provision
23
Article XV
Term of Agreement
24
Article XVI
Ratification & Execution
25
Exhibit A
SEIU Part Time Hourly Wage Rate Schedule
27
(Effective 7 -1 -15)
2
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 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 Exhibit A respectively.
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.
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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 made to the feminine gender, it shall be understood to include the
masculine gender, unless expressly stated otherwise.
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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 fifteen (15) 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 six (6) 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.
A. Part Time employees who are not members of the California Public Employees
Retirement System (CalPERS) 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).
B. Part time employees who are members of CalPERS may work a maximum of
1040 hours per fiscal 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.
3.5 Sub- Contractine. In the event the City decides to sub - contract the work currently
performed by bargaining unit employees it will provide notice to the Union.
0.
ARTICLE IV
4.0 COMPENSATION AND OVERTIME
4.1 Wage Rate Schedule. The wage rates for designated class titles to which Part Time
employees are assigned are specified on the attached Exhibit A.
Effective July 1, 2015, the base salaries of employees covered by this MOU shall be
increased by 2.5 %.
Effective July 1, 2016, the base salaries of employees covered by this MOU shall be
increased by 2.5 %.
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.
B. Pay Day: If an employee's timesheet and/or paycheck payroll record is not
processed in the applicable designated pay period and the employee is not at fault
for improperly submitting paperwork, the employee may request a special
paycheck to be paid within five business days of the regular pay day. The
employee must verify that they have submitted the proper paperwork by the
department payroll deadline and the Department will have the opportunity to
review the claim. Upon confirming the employee is not at fault, the special
paycheck will be produced within five business days.
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 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 Ranges.
A. 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.
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 Bilingual 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 any other
languages designated by the Orange County Registrar of Voters as necessary for official
voting information and or Federal Voting Rights Act, 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 one dollar and one cent
($1.01) per hour above his or her base hourly rate effective first full pay period
after ratification and adoption by City Council.
C. Positions where it has been determined by a Department Head that regular and
frequent bilingual usage is necessary to the performance of duties, but not major,
essential, or integral element of the work, shall be designated as a Secondary
Bilingual Assignment. A qualified incumbent of such position shall be paid a
differential of twenty -three cents ($.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.
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.
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 CalPERS of all Part Time employees working
in excess of 999 hours in any fiscal year, the Union and the City agree that:
• With respect to Miscellaneous employees covered by this MOU who do not
qualify as "New Members" under the California Public Employees' Pension
Reform Act of 2013 (PEPRA), shall be enrolled in the 2.7% @ 55 benefit
formula and shall pay the 8% member contribution. New CalPERS members (as
defined under the California Public Employees' Pension Reform Act (PEPRA) of
2013) will be enrolled in the 2% @ 62 benefit formula paying one half of the
normal cost rate, as established by CalPERS. For FY 15/16, one half the normal
cost rate is 6.75 %.
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.
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.
4.8 Holidays. Employees who are required to work on an official City holiday will be
compensated at time and one -half (1.5x) for all hours worked. In those years when an
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employee works on July 4th but the City observes the holiday on July 3rd, that employee
will be compensated at time and one -half (1.5x) for all hours worked on July 4th. If an
employee works both July 3rd and July 4th they will only receive the time and one -half
compensation for one of those days.
4.9 Report Pa. Any employee who reports to work for a scheduled shift of 2 hours or
more, but is dismissed prior to the completion of 2 hours, shall be compensated for a total
of 2 hours.
4.10 Callback Pay. An employee required to report to work when not scheduled, will receive
a minimum 1 hour of pay.
4.11 Paid Leave Time. If any of the following events occur during a PTNCS employee
normally scheduled work time such employees shall be allowed paid time off for the
following purposes: City conducted job examinations /interviews, jury duty and if
subpoenaed as a witness in City related litigation.
4.12 Paid Sick Leave. Employees will accrue paid sick leave time in accordance with
California's Healthy Workplaces /Healthy Families Act of 2014 (AB 1522) also known as
California's Paid Sick Leave Law. The accrued paid sick leave time can be used for
purposes as defined in the law for illness or other qualified reasons. Additionally, 50% of
the total leave time available for use in a calendar year may be used for personal
necessity. The Department may request medical verification if the employee uses sick
leave for more than 3 consecutive work days. Each employee can begin using accrued
paid sick leave time beginning after the 90th day of employment according to the
following usage schedule:
0 -4 Years of Service
24
hours (12
hours may be used for Personal Necessity)
5 -9 Years of Service
40
hours (20
hours may be used for Personal Necessity)
10+ Years of Service
52
hours (26
hours may be used for Personal Necessity)
The word "service" as used in this section shall be deemed to mean continuous, part time
service or an equivalent number of hours where one (1) year of service = 1040 hours.
Any unused accrued sick leave shall carry over to the following year of employment in
accordance with the law.
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ARTICLE V
5.0 UNION TRUST & INSURANCE
5.1 Union Trust Fund. The Union is desirous of establishing a trust fund to reimburse active
unit employees for certain benefits. The parties intend that the Union will establish said
designated fund to administer certain benefits for active unit employees. The eligibility
criteria and benefit levels shall be developed, administered and managed solely by the
union.
The Trust Fund shall be established in accordance with federal and state laws and the
Union shall defend and indemnify the City for any claims regarding the administration of,
or the payment of, benefits arising out the administration of the Trust Fund. The Union
may elect to cover the costs of establishing and administering the Trust from the City's
allocation.
The City will set aside the sum of $200,000 on an annual basis to the fund administered
by the Union. Annual payments will be made by February I st °f each fiscal year.
5.2 Insurance Benefits. PTNCS workers may voluntarily participate in the insurance
programs offered by the Union's Benefit Trust through payroll deduction.
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ARTICLE IV
6.0 CITY PAID TRAINING /INSTRUCTION
6.1 The City will provide the necessary training and orientation so that new employees are
advised of City -wide policies and procedures and those relating to their assigned work
unit.
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.
110)
ARTICLE VII
7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS
7.1 Uniform Maintenance. All Part Time employees who are required by the City to wear a
uniform while on duty shall be provided a sufficient number of clean uniforms per fiscal
year at no cost to the employee. Employees may request additional uniforms based on
operational need or to replace worn uniforms with uniforms that are in good condition.
The Department shall make a reasonable effort to accommodate all such requests. The
City shall provide weather gear (hat, rain gear, rain boots, and a plastic water bottle) for
field personnel.
7.2 Safety 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 -05 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.
7.3 Tool Reimbursement Policy. Unit employees with at least one year of service, who are
assigned to fleet and are required to use their own tools, will receive a tool
reimbursement up to $500 per fiscal year.
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ARTICLE VIII
8.0 MISCELLANEOUS PROVISIONS
8.1 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 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 with less than five years of service (5200 hours) 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.
If any part time employee with at least five (5) years of service (5200 hours) is
scheduled to be terminated from employment with the City, he or she may request
a review of the action with the Department Head or designee and said meeting
will take place prior to the effective date of the termination. Employees may
request further review of the action and the Department Head's response from the
City Manager or his /her designee prior to the termination date.
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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
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 a non - 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 record 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."
4) Officers, worksite leaders /stewards and/or paid Union representatives shall be
permitted to visit break and lunch areas designated by the City, before or after
work or during designated lunch periods for the purpose of discussing Union
business, provided that arrangements are made in advance with the manager
responsible for the worksite.
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.
IN
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. Electronic Time keeping. The City agrees to meet and confer when and if it
desires to implement an electronic time keeping.
G. Promotional Opportunities. The City shall give part -time employees the
opportunity to apply for full -time "open," "open and promotional," and
"restricted" positions.
H. Expense Reimbursement. The City shall reimburse part employees for any pre -
approved work - related expenses.
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ARTICLE IX
9.0 GRIEVANCE REVIEW PROCEDURE
9.1 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.
9.2 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.
9.3 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.
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.
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9.4 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.
9.5 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 X
10.0 AGENCY SHOP, DUES DEDUCTION & INDEMNIFICATION
10.1 Agency Shop.
A. 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
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.
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ARTICLE XI
11.0 CITY RIGHTS
11.1 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.
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.
1. 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
20
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.
11.2 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.
21
ARTICLE XII
12.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT
12.1 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 XIII
13.0 EMERGENCY WAIVER PROVISION
13.1 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 XIV
14.0 SEPARABILITY PROVISION
14.1 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.
22
ARTICLE XV
15.0 TERM OF AGREEMENT
15.1 This MOU will expire on June 30, 2017.
23
ARTICLE XVI
16.0 RATIFICATION & EXECUTION
16.1 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 day of -yu. n � 2016.
Dated: JUN 0 7 20,16
Dated:
Dated:
ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
24
CITY OF SANTA ANA, a municipal
Corporation of the State of California
By:
By:
Ek5CUTIVE DIRECTOR Of
PERSONNEL SERVICES
SONIA R. CARVALHO
CITY ATTORNEY
Laura A. Rossini
Senior Assistant
City Attorney
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: 3 4P /
Dated: 1 \ S' � �
25
zif'1�111
Bob Hunt
SEIU Legal Co"sel
Michael Lopez
SEIU President
" � d
Sidney Stu ut, 456ard Member
SEIU PART -TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 1, 2015
EXHIBIT A
JOB TITLE
STEP A
STEP B
STEP C
STEP D
STEP E
ACCOUNT CLERK 1
19.02
19.95
20.95
22.00
23.09
ACCOUNT CLERK II
21.04
22.09
23.22
24.35
25.57
ACCOUNTANT
32.32
33.94
35.63
37.42
39.29
ADMINISTRATIVE AIDE
24.12
25.33
26.59
27.92
29.32
ANIMAL KEEPER 1
11.85
12.45
13.06
13.72
14.39
ANIMAL KEEPER II
13.75
14.41
15.15
15.90
16.69
ASSISTANT SPECIAL EMPLOYMENT COUNSELOR
12.55
13.16
13.83
14.53
15.24
ASSOCIATE SPECIAL EMPLOYMENT COUNSELOR
14.12
14.82
15.57
16.35
17.16
BUILDING MAINTENANCE ASST.
20.73
21.76
22.85
24.02
25.18
CASHIER
11.62
12.21
12.82
13.49
14.15
CLERICAL AIDE
13.60
14.28
15.02
15.79
16.54
CLERK TYPIST 1
14.95
15.70
16.49
17.32
18.17
CLERK TYPIST 11
17.57
18.44
19.37
20.34
21.33
COMBINATION INSPECTOR
29.46
30.92
32.49
34.10
35.82
COMMUNITY CENTER AIDE
17.96
18.86
19.80
20.80
21.84
COMPUTER TECHNICIAN
19.17
20.13
21.14
22.20
23.33
CUSTOMER SERVICE CLERK
19.76
20.73
21.77
22.86
24.02
DATA ENTRY CLERK
16.38
17.21
18.10
18.99
19.94
EQUIP. SVC. ATTENDANT
18.44
19.34
20.34
21.32
22.41
GRAPHICS AIDE
13.44
14.12
14.82
15.57
16.35
HOUSING AUTHORITY ASST.
21.22
22.27
23.40
24.58
25.81
INFORMATION DESK CLERK
15.41
16.17
16.99
17.85
18.72
JANITOR
15.11
15.86
16.65
17.48
18.38
LIBRARIAN (PART -TIME)
21.98
23.07
24.23
25.45
26.72
LIBRARY ASSISTANT
18.50
19.42
20.39
21.42
22.51
LIBRARY CLERK 1
15.41
16.17
16.99
17.85
18.72
LIBRARY CLERK II
17.07
17.92
18.80
19.76
20.73
LOSS CONTROL OFFICE ASST.
19.08
20.04
21.02
22.08
23.19
MAINTENANCE ATTENDANT
10.32
10.84
11.38
11.97
12.59
MEDIA RELATIONS SPECIALIST
19.08
20.04
21.02
22.08
23.19
MOBILE LIBRARY CLERK
18.78
19.76
20.71
21.76
22.85
MUNICIPAL UTILITY READER /COLL.
18.90
19.84
20.82
21.87
22.97
PAGE
10.25
10.77
11.30
11.86
12.44
PAINTER
17.91
18.78
19.75
20.71
21.76
PARK MAINTENANCE ASST.
16.01
16.82
17.67
18.56
19.49
PARK RANGER (PART TIME)
26.58
27.91
29.30
30.78
32.33
PARK SECURITY GUARD
19.17
20.13
21.14
22.20
23.33
PARKING METER MAINTENANCE AIDE
17.39
18.26
19.19
20.14
21.15
PERMIT PARKING AIDE
20.39
21.41
22.51
23.61
24.79
PLANNING TECHNICIAN
24.23
25.43
26.71
28.05
29.46
POLICE RECORDS CLERK 1
16.46
17.29
18.15
19.07
20.02
POLICE RECORDS CLERK II
17.91
18.78
19.76
20.71
21.76
POLICE SUPPLY CLERK
17.96
18.86
19.80
20.80
21.84
PROGRAM COORDINATOR
15.56
16.33
17.14
18.00
18.94
PROGRAM LEADER 1
10.25
10.77
11.30
11.86
12.44
PROGRAM LEADER II
10.74
11.28
11.84
12.44
13.04
PUBLIC WORKS RECORDS ASSISTANT
22.71
23.86
25.06
26.31
27.62
PURCHASING AGENT
30.05
31.54
33.12
34.78
36.51
PURCHASING CLERK
18.95
19.89
20.91
21.94
23.02
co
RECREATION FACILITY ATTENDANT
16.01
16.82
17.67
18.56
19.49
RIGHT OF WAY TECHNICIAN
15.24
16.01
16.84
17.66
18.52
SENIOR ADMINISTRATIVE AIDE
26.55
27.86
29.26
30.72
32.27
SENIOR CLERICAL AIDE
15.41
16.17
16.99
17.85
18.72
SENIOR PROGRAM LEADER
12.72
13.31
14.01
14.70
15.43
SPECIAL EVENTS LEADER I
12.39
13.01
13.65
14.34
15.06
SPECIAL EVENTS LEADER II
15.11
15.86
16.65
17.48
18.38
SR. LIBRARY ASSISTANT
19.64
20.61
21.63
22.73
23.86
SR. MAINTENANCE AIDE 1
11.79
12.36
12.98
13.62
14.30
SR. MAINTENANCE AIDE II
13.36
14.05
14.75
15.46
16.26
SR, MAINTENANCE WORKER
16.76
17.59
18.48
19.38
20.36
SR. SPECIAL EMP. COUNSELOR
15.24
16.01
16.84
17.66
18.52
SR. TUTOR
14.88
15.64
16.40
17.22
18.11
STORES AIDE
17.59
18.48
19.38
20.36
21.36
STRUCTURAL PLAN EXAMINER I
32.33
33.95
35.64
37.43
39.29
STRUCTURAL PLAN EXAMINER II
34.61
36.36
38.15
40.06
42.06
SUPERVISING PARK RANGER (PART TIME)
30.02
31.54
33.12
34.78
36.51
TUTOR
12.55
13.16
13.83
14.53
15.24
WATER CONSERVATION REPRESENTATIVE
15.56
16.33
17.14
18.00
18.94
27