COLLECTIVE BARGAINING AGREEMENT

SCHOOL YEARS 2012-2013

BETWEEN

SAN GABRIEL UNIFIED SCHOOL DISTRICT

AND

TEAMSTERS LOCAL 911

2012-2013 School Year

COLLECTIVE BARGAINING AGREEMENT BETWEEN SAN GABRIEL UNIFIED SCHOOL DISTRICT

AND TEAMSTERS LOCAL 911

2012-2013 SCHOOL YEAR

TABLE OF CONTENTS ARTICLE I RECOGNITION ......................................................................................................1 II RETAINED RIGHTS ..............................................................................................4 III UNION RIGHTS .....................................................................................................7 IV WORK STOPPAGE ..............................................................................................12 V GRIEVANCE PROCEDURES .............................................................................13

Definition ...............................................................................................................13 Informal Level .......................................................................................................14 Formal Level ..........................................................................................................14 Union Representation.............................................................................................17 Failure to Meet Time Limits ..................................................................................18 Reasonable Release Time ......................................................................................18 No Reprisals ...........................................................................................................19

VI HOURS OF EMPLOYMENT ...............................................................................19

General ...................................................................................................................20 Overtime ................................................................................................................21 Meal Periods ..........................................................................................................21 Rest Periods ...........................................................................................................21 Call-Back Pay ........................................................................................................22 Notice of Change ...................................................................................................22 Split Shift Differential ............................................................................................22

VII TRANSFERS/PROMOTION/POSTING OF VACANCIES ................................22

Voluntary Transfer .................................................................................................23 Administrative Transfers .......................................................................................24 Promotion ..............................................................................................................25 Notice of Vacancies ..............................................................................................25

VIII LEAVES OF ABSENCE .......................................................................................25

General Provisions .................................................................................................25 Sick Leave ..............................................................................................................29 Personal Necessity Leave ......................................................................................32 Industrial Accident and Illness ...................................................................34

Bereavement Leave ................................................................................................36 Maternity Leave .....................................................................................................36 Jury Duty ................................................................................................................36 Military Leave ........................................................................................................37 Personal Leave - Unpaid ........................................................................................37 Court Subpoena Leave (Paid) ................................................................................37 Family Care & Medical Leave ...............................................................................38

IX SAFETY ................................................................................................................43 X VACATION AND HOLIDAYS............................................................................45

Vacation .................................................................................................................45 Paid Holidays .........................................................................................................48

XI SEPARABILITY AND SAVINGS .......................................................................50 XII ENTIRE AGREEMENT ........................................................................................51 XIII SALARIES ............................................................................................................52 XIV HEALTH AND WELFARE BENEFITS ..............................................................58 XV CONSULTATION .................................................................................................64 XVI LAYOFF AND RECALL PROCEDURES ...........................................................65 XVII NONDISCRIMINATION ......................................................................................65 XVIII EVALUATION PROCEDURES...........................................................................66 XIX REOPENER NEGOTIATIONS ............................................................................69 XX DURATION - RENEGOTIATION .......................................................................69 APPENDICES A. CLASSIFIED CLASSIFICATIONS AND RATE AND RANGE B. CLASSIFIED SALARY SCHEDULE C. INSTRUCTIONAL AIDE CAREER LADDER Revised D. INSTRUCTIONAL AIDE ONE-ON-ONE

A G R E E M E N T 1

2

THIS AGREEMENT, which is made and entered into by and between SAN 3

GABRIEL UNIFIED SCHOOL DISTRICT, 408 Junipero Serra Dr., San Gabriel, California 4

91776, hereinafter referred to as the "District", and CALIFORNIA TEAMSTERS PUBLIC 5

PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, 9900 Flower St., 6

Bellflower, CA, 90706, hereinafter referred to as the "Union", W I T N E S S E T H: 7

ARTICLE I 8

RECOGNITION 9

10

The District recognized the Union as the exclusive representative for employees 11

working in the following classifications: 12

13

A. Included: All regular classified personnel, including those in the following 14

classifications, and future equivalents thereof: 15

Associated Student Body (ASB) 16

Bookkeeper 17

Athletic Field Maintenance Wkr 18

Campus Supervisor 19

Campus Security 20

Career Guidance Technician 21

Clerk Typist I 22

Clerk Typist II 23

Clerk Typist III 24

Computer Tech Support I 25

Custodian 26

Delivery Driver/Warehouse –Food Services 27

District Assessment Center Technician 28

Food Service Account Secretary 29

Food Service Account Clerk I 30

Food Service Assistant I 31

Food Service Assistant II 32

Food Service Assistant III 33

2

Food Service Delivery Driver 1

Grounds/Utility Worker 2

Head Custodian I 3

Head Custodian II 4

Head Custodian III 5

Health Aide 6

High School Accounting Secretary 7

Instructional Aide - Classroom 8

Instructional Aide - Special Education 9

Instructional Aide - one-on- one 10

Instructional Aide 1-1– American Sign 11

Lead Food Service Worker II 12

Lead Grounds Utility/Worker 13

Lead Microcomputer Network Technician 14

Library Technician 15

Library Media Aide 16

Microcomputer Network Tech 17

Middle School Site Support Technician 18

Multi-Skilled Maintenance Worker III 19

Purchasing Clerk 20

HS Registrar/Secretary 21

School Community/Liaison 22

Secretary I 23

Secretary II 24

Shipping/Receiving Clerk/Delivery Driver 25

Site Support Technician 26

Student Information Database Specialist 27

Student Information Database Assistant 28

Student Program Technician 29

Switchboard Operator/ Receptionist 30

31

B. Excluded: The following positions and classifications and any modifications or 32

revisions thereof: 33

1. All certificated, unclassified, and non-classified personnel; 34

2. All casual or limited term personnel, including temporary personnel, 35

substitute or relief personnel of any description, student workers, special 36

project personnel, consultants and independent contractors; 37

3

3. All management personnel within the meaning of Section 3540.1(g) of the 1

Act, including Assistant Superintendent - Business Services, Director of 2

Accounting Services, Director of Facilities Maintenance & Operations, 3

Director of Child Nutrition Services, Director of Educational and 4

Informational Technology, Assistant Director of Food Services, and 5

Director of Purchasing, Contracts, Use of Facilities and Reprographic 6

Services; 7

4. All confidential personnel within the meaning of Section 3540.1(c) of the 8

Act, including: Account Clerk II - Accounts Payable, Account Clerk III, 9

School Office Manager, Human Resources Assistant, Administrative 10

Assistant - Business Services, Administrative Assistant - Educational 11

Services, Administrative Assistant - Human Resources, Administrative 12

Assistant - Student Service and Executive Assistant to the Superintendent. 13

14

The appropriate unit placement of any newly created classification in the 15

classified service shall be discussed between the parties hereto pursuant to 16

Article XV of this Agreement, and if no agreement is reached, the dispute 17

shall be submitted to P.E.R.B. proceeding rather than to the grievance 18

procedures of this Agreement. Any other adjustments to the unit 19

composition shall be made only upon mutual written agreement, and this 20

Article shall not be subject to the grievance procedures of this Agreement. 21

Any use of gender in the Agreement shall be deemed to include both sexes 22

unless the context indicates otherwise. 23

4

ARTICLE II 1

RETAINED RIGHTS 2

A. All matters which are not specifically enumerated as within the scope of 3

negotiations in Government Code 3453.2, or which are not limited by the express 4

terms of other articles of this Agreement, are reserved to the District. 5

1. The legal, operational, geographical, and organizational structure of the 6

District, including the chain of command, division of authority, 7

organizational divisions and subdivisions, external and internal boundaries 8

of all kinds, and advisory commissions and committees; 9

2. The financial structure of the District, including all sources and amounts 10

of financial support, income, funding, taxes and debt, and all means and 11

conditions necessary or incidental to the securing of same, including 12

compliance with any qualifications or requirements imposed by law or by 13

funding sources as a condition of receiving funds; all investment policies 14

and practices; all budgetary matters and procedures, including the budget 15

calendar, the budget formation process, accounting methods, fiscal and 16

budget control policies and procedures, and all budgetary allocations, 17

reserves, and expenditures; 18

3. The acquisition, disposition, number, location, types and utilizations of all 19

District properties and equipment, whether owned, leased or otherwise 20

controlled, including all facilities, grounds, parking areas and other 21

improvements, and the personnel, work, service and activity functions 22

assigned to such properties; 23

5

4. All services to be rendered to the public and to District personnel in 1

support of the services rendered to the public, the nature, methods, quality, 2

quantity, frequency and standards of service, and the personnel, facilities, 3

vendors, supplies, materials, vehicles, equipment and tools to be used in 4

connection with such services; the subcontracting of services to be 5

rendered and functions to be performed, including educational, support, 6

construction, maintenance and repair services subject to the provisions of 7

applicable law; 8

5. The utilization from time to time of personnel not covered by this 9

Agreement, including but not limited to consultants, and personnel 10

occupying positions listed as "Excluded" in Article I of this Agreement, to 11

do work which is normally performed by bargaining unit employees and 12

the methods of selection and assignment of such personnel; 13

6. The educational policies, procedures, objectives, goals and programs, 14

including those relating to curriculum, course content, textbook selection, 15

educational equipment and supplies, admissions, attendance, student 16

transfers, grade level advancement, guidance, grading, testing, records, 17

health and safety, conduct, discipline, transportation, food services, racial 18

and ethnic balance, extracurricular and cocurricular activities, and 19

emergency situations; and the substantive and procedural rights and 20

obligations of students, parents, teachers, other personnel and the public 21

with respect to such matters; 22

6

7. The selection, classification, direction, evaluation, promotion, demotion, 1

discipline and termination of all personnel of the District; the creation and 2

abolition of positions; affirmative action and equal employment policies 3

and programs to improve the District's utilization of women and 4

minorities; the assignment of employees to any location (subject to Article 5

VII, Transfers) and also to any facilities, classrooms, functions, activities, 6

departments, tasks or equipment; staffing levels, work loads, and the 7

number of employees; and the determination as to whether, when and 8

where there is a job opening subject to the provisions of the Education 9

Code; 10

8. The job classification and the content and qualifications thereof; the rates 11

of pay for any new classifications implemented during the term of the 12

Agreement; 13

9. The duties and standards of performance for all employees; and whether 14

any employee adequately performs such duties and meets such standards; 15

10. The dates, times and hours of operation of District facilities, functions, and 16

activities (subject to Article VI, Hours of Employment); work schedules; 17

the school calendar; the assignment of paid duty days beyond the regular 18

assigned duty year; the assignment of overtime; 19

11. Safety and security measures for employees, students, the public, 20

properties, facilities, vehicles, materials, supplies, and equipment, 21

including the various rules and duties for all personnel with respect to such 22

matters, subject to the provisions of Article IX, Safety; 23

7

12. The rules, regulations and policies for all employees, students and the 1

public, subject only to clear and explicit limitations contained in this 2

Agreement; 3

13. The administration of all employee health and welfare plans, including the 4

selection of all carriers of health and welfare plans, and the manner and 5

method of funding such plans, subject to the provisions of Article XIV; 6

and 7

14. The retirement of employees for age or disability. 8

B. Any dispute arising out of or in any way connected with either the existence or 9

the exercise of any of the rights of the District set forth herein above, or any other 10

rights of the District not expressly limited by the clear and explicit language of 11

this Agreement, or arising out of or in any way connected with the effects of the 12

exercise of any such rights, is not subject to the grievance provisions set forth in 13

Article V. Nothing contained herein shall prevent the filing of a grievance 14

alleging that the District has violated an express provision of some other grievable 15

Article of this Agreement. 16

ARTICLE III 17

UNION RIGHTS 18

The Union shall have the following rights: 19

A. The right of reasonable access to district facilities for the purpose of contacting 20

employees and transacting matters. Upon arriving at a work site, the 21

representative shall first report to the immediate supervisor and state the intended 22

purpose and estimated length of the visit. The representative may contact 23

8

employees during duty-free lunch periods, before and after employees' hours of 1

service, or when the employee is not engaged in duties. The representative shall 2

not interrupt any employees' duties or assignments. 3

B. The right to have five (5) stewards representing the following work areas: 4

instructional aides; custodial; maintenance; clerical; and cafeteria. One of these 5

stewards shall serve as Chief Steward. 6

C. The District shall excuse the Chief Steward and Stewards with pay, if on pay 7

status, to participate in negotiations. 8

D. The Chief Steward or his/her designee shall be eligible for a maximum of eight 9

(8) hours paid leave per year for the purpose of attending union training seminars. 10

E. The right to use, without charge, District bulletin board space allocated to the 11

Union. 12

F. The right to use institutional facilities at reasonable non-working times after the 13

close of the teaching day for the purpose of meetings, subject to the provisions of 14

the Civic Center Act, provided that there shall be no charge for regular business 15

meetings of the Union. 16

G. The right to review any unit member's personnel files and any other records 17

available to the unit member which are not otherwise privileged, when 18

accompanied by the unit member or on presentation of a written authorization 19

signed by the unit member. 20

H. The right to be supplied with a list of unit members by name, address and 21

classification as of the effective date of this Agreement and at the beginning of 22

each school year thereafter. 23

9

I. The right of the union steward to contact unit members regarding particular 1

grievances during the non-working time of the steward and the unit member such 2

as lunch periods, before and after employees' hours of service, or when the 3

employee and steward are not engaged in duties. Notwithstanding the foregoing, 4

the steward shall be granted reasonable release time not to exceed three (3) hours 5

per case for the purpose of investigating discharges or safety problems when the 6

circumstances are such that immediate action is required and the matter cannot 7

reasonably be handled on non-working time. 8

J. Upon the execution of this Agreement, the District shall forward to the Union 9

copies of all District policies, rules and regulations governing the wages, hours 10

and working conditions of all unit members. 11

K. Any Unit member who is a member of the Union or has applied for membership 12

may sign and deliver to the Board an assignment authorizing deduction of Union 13

membership dues. Such authorization shall continue in effect until revoked in 14

writing. The Union agrees to furnish any information needed by the Board to 15

fulfill the provisions of this paragraph. 16

The District shall deduct Union membership dues in the amount specified by the 17

Union from the salary of each employee who has submitted a written 18

authorization. Payroll deductions for membership dues from employees shall be 19

exclusive on behalf of the Union and no membership dues deductions are to be 20

made on behalf of any other employee organization as defined in Government 21

Code Section 3540.1(d). A deposit approximating the amount of dues so 22

deducted shall be remitted to the Union on payday, and the reconciled amount 23

10

will be supplied to the Union within thirty (30) days after the deductions are 1

made, together with a list of affected employees. The District shall not be liable 2

to the Union by reason of the requirements of this Article for the remittance or 3

payment of any sum other than that constituting actual deductions made from the 4

wages earned by the employee. The Union agrees that it shall indemnify and save 5

the District harmless from any liability arising from any and all claims, demands, 6

suits, or other actions arising from compliance with this Article, or, in reliance on 7

any list, notice, certification or authorization furnished under this Article. The 8

Union, in addition, agrees that it should refund to the District any sums paid to the 9

Union in error. 10

L. Organizational Security 11

1. Effective January 1, 2001, any unit member who is not a member of the 12

Teamsters, or who does not apply for membership within thirty (30) days 13

of the effective date of this agreement, or within thirty (30) days from the 14

date of commencement of assigned duties with the bargaining unit, shall 15

become a member of the Teamsters or pay to the Teamsters a “fair share” 16

service fee in an amount not to exceed the amount permitted by 17

Government Code Section 3546, payable to the Teamsters in one lump-18

sum cash payment in the same manner as required for the cash payment of 19

membership dues. In the event that a unit member does not pay such fee 20

directly to the Teamsters, the Teamsters shall so inform the District, and 21

the District shall immediately begin automatic payroll deduction as 22

provided in Education Code Section 45061. 23

24

11

2. Payment to the Teamsters or payroll deductions for unit members 1

employed after the beginning of the school year shall be appropriately 2

prorated. 3

3. Any unit member who is a member of a religious body whose traditional 4

tenets or teaching include objections to joining or financially supporting 5

employee organizations shall not be required to join or financially support 6

the Teamsters. Such unit member shall pay, in lieu of a “fair share” 7

service fee, sums equal to such service fee to one of the following non- 8

religious, non-labor organization, charitable funds exempt from taxation 9

under section 501 (c)(3) of Title 26 of the Internal Revenue Code: 10

San Gabriel Educational Foundation 11

La Casa 12

13 4. Proof of payment and a written statement of objection along with evidence 14

of membership in a religious body whose traditional tenets or teachings 15

object to joining or financially supporting employee organizations, shall 16

be made on an annual basis to the District as a condition of continued 17

exemption from the provisions of this Article. Payment shall be in the 18

form of receipts and/or canceled checks indicating the amount paid, date 19

of payment, and to whom payment in lieu of the service fee has been 20

made. The Teamsters shall have the right of inspection in order to review 21

said proof of payment. There shall be no charge to the Teamsters for such 22

mandatory fair share deductions. 23

12

5. The Teamsters agrees to pay to the District all reasonable legal fees and 1

costs incurred in defending against any court action and/or administrative 2

action challenging the legality or constitutionally of the “fair share” fee 3

provisions of this agreement or their implementation. The Teamsters shall 4

have the right to decide and determine whether any such action or 5

proceeding referred to above shall or shall not be compromised, resisted, 6

defended, tried, or appealed. 7

M. The District shall provide the Union one (1) copy of the San Gabriel Unified 8

School District's quarterly financial report, as available. 9

ARTICLE IV 10

WORK STOPPAGE 11

A. Apart from and in addition to existing legal restrictions upon work stoppages, the 12

Union hereby agrees that neither it nor its officers, agents, or representatives, or 13

the unit members, or persons acting in concert with any of them, shall incite, 14

encourage, or participate in any strike, walkout, slowdown, or other work 15

stoppage of any nature whatsoever or wheresoever located, including but not 16

limited to disputes which are subject to the grievance provisions of Article V, 17

disputes which are specifically not subject to the grievance provisions of Article 18

V, disputes concerning matters not mentioned in this Agreement, disputes 19

contending that the District has committed unfair employment practices, disputes 20

with other labor organizations, persons or employers, or jurisdictional disputes. 21

In the event of any strike, walkout, slowdown or work stoppage or threat thereof, 22

13

the Union and its officers, agent or representatives will do everything reasonably 1

within their power to end or avert the same. 2

B. Any unit member authorizing, engaging in, encouraging, sanctioning, recognizing 3

or assisting any strike, slowdown, work stoppage, or other concerted activity in 4

violation of this Article, or refusing to perform duly assigned services in violation 5

of this Article, shall be subject to termination pursuant to applicable Education 6

Code procedures. The District reserves the right to selectively discipline unit 7

members hereunder. 8

C. In the event that the Union, its officers, agent or representatives, or the unit 9

members or persons acting in concert with them have violated the provisions of 10

this Article over a grievance or dispute which would otherwise properly be 11

subject to resolution by submission to the grievance provisions of Article V, the 12

Union (and the unit member) shall be deemed to have waived the right to process 13

the grievance or dispute through the grievance procedures and the grievance or 14

dispute shall be deemed as having been finally settled, with prejudice, in 15

accordance with the District's last stated position with respect thereto. 16

ARTICLE V 17

GRIEVANCE PROCEDURES 18

A. Definition 19

A grievance is defined as a complaint by a unit member that the District has violated an 20

express term of this Agreement, and that by reason of such violation his or her rights 21

have been adversely affected. It is the intent of the parties to resolve grievances at the 22

14

lowest possible administrative level, and to encourage as informal and confidential an 1

atmosphere as is possible in the resolution of grievances. 2

B. Informal Level 3

Before filing a formal written grievance, the grievant shall make a reasonable 4

attempt to resolve the grievance by means of an informal conference with the 5

immediate school or departmental supervisor. 6

C. Formal Level 7

1. Step 1 8

Within ten (10) working days after the occurrence of the act or omission 9

giving rise to the grievance, the grievant must present the grievance in 10

writing, using the District grievance form, to the immediate school or 11

departmental supervisor. 12

The written statement shall state the facts surrounding the grievance, the 13

provision of this Agreement alleged to have been violated, the decision 14

rendered at the informal conference and the remedy sought. The statement 15

will be signed and dated by the unit member. A meeting with the unit 16

member and immediate supervisor will be arranged to review and discuss 17

the grievance. Such meeting will take place within three (3) working days 18

from the date the written grievance is received by the immediate 19

supervisor. The immediate supervisor may invite other members of 20

management to be present at such meeting. The immediate supervisor will 21

give a written reply by the end of the fifth (5th) working day following the 22

date of the meeting, and the giving of such reply shall terminate Step 1. 23

15

2. Step 2 1

If the grievance is not settled in Step l, the grievant may present the 2

grievance to the Superintendent or Superintendent’s designee within three 3

(3) working days after the termination of Step l, and a meeting will be 4

arranged to review and discuss the grievance. Such meeting will take 5

place within five (5) working days from the date the grievance is received 6

by the Superintendent or Superintendent’s designee. The Superintendent 7

or Superintendent’s designee may invite other representatives of 8

management to be present at such meeting. A written decision shall be 9

rendered by the Superintendent or Superintendent’s designee within five 10

(5) working days from the date of such meeting. Said decision shall be 11

delivered to both the grievant and the Union and such delivery shall 12

terminate Step 2. 13

3. Step 3 - Arbitration 14

If the grievant is not satisfied with the decision at Step 2, he or she may 15

submit the grievance to arbitration. No grievance may be submitted 16

without the Union's approval. The arbitrator shall be selected by the 17

District and Union representatives. The fees of the arbitrator shall be 18

equally divided between the Union and the District. The arbitrator shall 19

hold a hearing regarding the grievance as soon as possible. The District 20

shall request a list of arbitrators from the State Mediation Conciliation and 21

Services. 22

23

16

The party who strikes the first name shall be determined by lot. If the 1

arbitrator selected indicates that he will not be available for hearing within 2

a reasonable time not exceeding sixty (60) calendar days, the parties shall 3

proceed to select another arbitrator from the above list. 4

4. Limitations upon Arbitrator 5

The arbitrator shall have no power to alter, amend, change, add to, or 6

subtract from any of the terms of this Agreement, but shall determine only 7

whether or not there has been a violation of an express provision of this 8

Agreement in the respect alleged in the grievance. The decision of the 9

arbitrator shall be based solely upon the evidence and arguments presented 10

to him by the respective parties in the presence of each other or in briefs. 11

12

This Agreement constitutes a contract between the parties which shall be 13

interpreted and applied by the parties and by the arbitrator in the same 14

manner as any other contract under the laws of the State of California. 15

The function and purpose of the arbitrator is to determine disputed 16

interpretations of terms actually found in the Agreement so as to change 17

what can fairly be said to have been the intent of the parties as determined 18

by generally accepted rules for contract construction. Past practice of the 19

parties in interpreting or applying terms of this Agreement may be 20

relevant evidence, but shall not be used so as to justify, or result in, what is 21

in effect a modification (whether by addition, detraction, or revision) of 22

the written terms of this Agreement. The arbitrator shall not render any 23

17

decision or award or fail to render any decision or award merely because 1

in his opinion such decision or award is fair or equitable. The arbitrator 2

shall have no power to render an award on any grievance occurring before 3

or after the term of this Agreement. 4

The arbitrator shall hear only one grievance at a time unless the District 5

expressly agrees otherwise. However, both parties will in good faith 6

endeavor to handle in an expeditious and convenient manner cases which 7

involve the same or similar facts and issues. 8

The decision of the arbitrator as provided above shall be final and binding 9

upon the District, the Union, and the grievant. 10

The grievance and arbitration procedures described above are to be the 11

Union's and the employees, sole and final remedy for any claimed breach 12

by the District of this agreement, unless specifically provided otherwise 13

herein. 14

D. Union Representation 15

While meetings at the informal level are expected and encouraged to be limited to 16

the grievant and the immediate supervisor, the grievant shall be entitled upon 17

request to representation by the Union at all grievance meetings. In situations 18

where the Union has not been invited to represent the grievant, the District shall 19

not agree to a final resolution of the grievance until the Union has received a copy 20

of the grievance and the proposed resolution and has been given an opportunity to 21

state its views on the matter. 22

23

18

E. Failure to Meet Time Limits 1

If a grievance is not processed by the grievant and Union in accordance with the 2

time limits set forth in this Article, it shall be considered settled on the basis of the 3

decision last made by the District. If the District fails to respond to the grievance 4

in a timely manner at any level, the running of its time limit shall be deemed a 5

denial of the grievance and termination of the level involved, and the grievant 6

may proceed to the next step. In the event the time limits of both Step I and Step 7

II are not met by the District, the grievant may submit the written grievance to the 8

Superintendent prior to proceeding to Step III, Arbitration. 9

Time limits hereunder may be lengthened or shortened in any particular case by 10

mutual written agreement. 11

F. Reasonable Release Time 12

Grievance meetings will be scheduled by the District at mutually convenient 13

times and places. Normally, such meetings will be scheduled in such a manner 14

that they will not conflict with regular duties. However, when such meetings are 15

scheduled so as to conflict with the unit member's work hours, reasonable release 16

time without loss of salary will be provided to the grievant and his or her 17

authorized Union representative, if any. In addition, reasonable release time shall 18

be provided for bargaining unit members called as witnesses at an arbitration 19

hearing. The Union will attempt to limit the number of witnesses called so as to 20

provide minimum disruption of District activities. This procedure shall constitute 21

"reasonable periods of release time" within the meaning of Government Code 22

Section 3543.1 C. 23

19

G. No Reprisals 1

There shall be no reprisal against an employee for utilizing these grievance 2

procedures or for assisting a grievant pursuant to these procedures. 3

ARTICLE VI 4

HOURS OF EMPLOYMENT 5

A. General 6

The daily and weekly hours of work and work schedules for each position and 7

unit member shall be determined and assigned by the District, subject only to the 8

limitations of this Article. 9

10

The work week for unit members working on a full time basis shall be a forty (40) 11

hour work week comprised of five (5) consecutive days of eight (8) hours per day, 12

exclusive of lunch or meal period; provided however that nothing contained 13

herein shall prevent the District from implementing a four (4) day -- forty (40) 14

hour work week subject to applicable law. 15

The work week and work day for unit members working on a regularly scheduled 16

part-time basis shall be determined by the District according to the nature of the 17

jobs involved. The work day or work week may be extended on an overtime basis 18

when such extension is necessary to carry on the business of the District. 19

Any employee in the bargaining unit who works a minimum of thirty (30) 20

minutes or more per day in excess of his/her regular part-time assignment for a 21

period of twenty (20) consecutive working days or more shall have his/her regular 22

20

assignment adjusted upward to reflect the longer hours, effective with the next 1

pay period for the period of time that the regular assignment is adjusted upward. 2

Any reduction in assigned time shall be accomplished in accordance with Layoff, 3

Article 16, except for employees who are funded by categorical programs. 4

Working During Pupil Free Days In the event that there is work available for 5

bargaining unit members during pupil free days, management will make hours 6

available on a voluntary basis during those days. 7

B. Overtime 8

Each unit member shall be paid at one and one-half times the regular hourly rate 9

for all hours worked in excess of eight (8) in one day, or forty (40) in one week, 10

and, for those whose regular work day is at least four (4) hours and who were in 11

paid status through the entire preceding five (5) day work week, for all hours 12

worked on the sixth (6th) or seventh (7th) day of the unit member's work week. 13

For those unit members whose regular work day is less than four (4) hours and 14

who were in paid status through the entire preceding five (5) day work week, only 15

those hours on the seventh (7th) consecutive day of work shall be compensated at 16

the overtime rate. 17

All overtime work shall be reported and credited in multiples of fifteen (15) 18

minutes of working time, rounded to the nearest quarter hour. 19

No overtime shall be paid unless expressly authorized in advance of each instance 20

by the immediate supervisor or designated administrator. 21

21

C. Meal Periods 1

Except in emergency situations, each unit member shall receive a daily duty-free 2

lunch break of not less than thirty minutes, if the unit member's hours of work 3

assignment customarily includes a meal period. The District shall allow at least 4

one half hour for such period, such time to be scheduled by the immediate 5

supervisor. No such time may be accumulated, no assigned meal period shall be 6

exceeded. Any excess time, unless approved by the immediate supervisor, shall 7

be considered unpaid personal time off. In such cases the unit member's pay will 8

be reduced by the amount of time missed and he or she may be subject to 9

disciplinary action. If an employee's meal period is interrupted, the meal period 10

shall be extended for a period of time equal to the duration of the interruption 11

with the approval of the immediate supervisor. 12

D. Rest Periods 13

Rest periods shall be provided as part of the regular assigned compensable work 14

day subject to the requirements and limitations herein. A fifteen (15) minute rest 15

period shall be allowed to unit members for each (4) hour period of service. Such 16

rest period shall be scheduled by the immediate supervisor within a flexible time 17

frame to provide for the rest period while meeting work requirements. It is the 18

responsibility of the unit member to utilize the rest period. Any rest period not 19

taken is immediately forfeited. There shall be no accumulation of rest period time 20

not taken. No rest period or portion thereof shall be joined or combined with any 21

other rest period or meal period, or be used to change the beginning or ending 22

22

time of a work assignment without the express approval of the immediate 1

supervisor. 2

E. Call-Back Pay 3

A unit member called back to work after the conclusion of his or her regular work 4

day or called into work on a day other than his or her regular work day at the 5

direction of the immediate supervisor shall be guaranteed a minimum of two (2) 6

hours pay at the applicable rate. 7

F. Notice of Change 8

Prior to any substantial change of a permanent nature that affects an employee's 9

workweek, daily hours of work and/or work shifts, the employee(s) involved shall 10

be given at least two weeks notification. The District shall have the right to effect 11

temporary changes during the two week period to meet District needs. 12

G. Split Shift Differential 13

A split shift differential of two (2) ranges (5 %) increase in annual salary shall be 14

added to a unit member’s salary if a lapse of a minimum of one (1) hour takes 15

place between assigned shifts that take place on the same day. 16

ARTICLE VII 17

TRANSFERS/PROMOTION/POSTING OF VACANCIES 18

A transfer is defined as a change of job location within the same position 19

classification. Transfers fall into two categories; voluntary transfers that are initiated at 20

the request of the unit member and administrative transfers. 21

22

23

The District shall have the sole authority to determine when and where there is an 1

opening, and to transfer unit members from one job site to another when it is determined 2

by the District that such a transfer is in the best interests of the District, subject to the 3

procedures set forth below. Among the factors to be considered by the District in making 4

a transfer decision are: District-wide seniority, skill and ability, quality of past service 5

and the needs of the District. If a temporary part-time vacancy occurs in the cafeteria, the 6

District shall ask a regular employee, where practical and or possible, to fill the vacancy 7

before resorting to a substitute list. The process shall be on a seniority-rotation basis 8

within each school. Any regular employee who fills a temporary vacancy in the cafeteria 9

will be compensated at his or her regular rate of pay. If a part-time four (4) hour vacancy 10

occurs in the cafeteria, the District shall ask a regular employee when practical and/or 11

possible, to fill in before going to a substitute list. This process shall be on a seniority 12

rotation basis within each school. 13

All transfers related to reorganization shall be in accordance with the procedure in the 14

current negotiated agreement including the posting of all vacancies within the District 15

prior to considering new hires. 16

A. Voluntary Transfer 17

A description of the duties and shifts for each job opening which the District seeks to fill 18

through voluntary transfer or hiring of new employees shall be posted for a period of no 19

less than five (5) days. During said posting period, and until such time as the vacancy is 20

filled on a permanent basis, the District may fill the vacancy on an interim basis. 21

24

Unit members may submit written requests to the Superintendent or his/her 1

designee for transfer to positions within their current classification at any time 2

during the work year. 3

Transfer applicants will be interviewed by the designated administrator. The 4

designated administrator shall make the final selection for recommendation for 5

appointment from among the transfer applicants and other eligible candidates. 6

Requests for withdrawal of transfers may be submitted in writing at any time. 7

Probationary unit members with six months or less months of service are not 8

eligible to be considered for voluntary transfers. 9

B. Administrative Transfers 10

The District may initiate an administrative transfer at any time. A unit member 11

who is to be transferred may request a conference with, or written statement from, 12

the designated administrator regarding the reasons for the transfer. 13

Prior to transferring a classified employee under this section, the District shall 14

notify the Union of its intent and, upon request by the Union, a meeting shall be 15

held to discuss the proposed transfer. 16

An administrative transfer shall not result in loss of compensation or fringe 17

benefits for any unit member, except in cases resulting from reduction in work 18

force for either a lack of work or a lack of funds. 19

All administrative transfers of bargaining unit personnel shall be approved by the 20

Superintendent. 21

No employee shall be transferred for arbitrary or capricious reasons. 22

23

25

C. Promotion 1

A promotion is a change to a higher classification within the classified service. 2

D. Notice of Vacancies 3

Notice of vacancies shall be posted no less than ten days (10) days unless there is 4

an urgency. Should there be an urgency to fill a position the opening may be 5

posted for not less than five (5) days. Qualified in-house applicants shall be 6

interviewed for all promotional positions. Applications shall be filed with the 7

personnel office. 8

The personnel office shall send a copy of all vacancy announcements to the 9

Union. 10

The job vacancy notice shall include: the job title, a brief description of the 11

position and duties, the minimum qualifications required for the position, the 12

tentative assigned job site, the number of hours per day, tentative assigned work 13

shift times, days per week, and months per year assigned to the position, the 14

salary range and the deadline for filing to fill the vacancy. 15

ARTICLE VIII 16

LEAVES OF ABSENCE 17

A. General Provisions 18

1. A leave of absence is an authorization for a unit member to be absent from 19

active duty for a specific period of time, and for the purposes stated below. 20

A leave guarantees the unit member the right to District employment upon 21

the expiration of the leave, provided the position still exists. Any unit 22

member who fails to give the District timely notice of intention to return 23

26

from a long-term leave in excess of sixty (60) calendar days, when such 1

notification is requested, or who fails to return to work as scheduled upon 2

the expiration of said leave shall be deemed to have abandoned 3

employment with the District and such conduct shall constitute an 4

automatic resignation with a resulting forfeiture of all employment rights. 5

All absences are to be reported to the immediate supervisor on forms 6

provided by the District immediately upon return to work. 7

2. Unit members on a paid leave of absence shall, unless otherwise provided 8

herein, continue to receive their regular wages, fringe benefits, and 9

retirement service credit, subject to the applicable provisions of Articles 10

XIII (Salaries) and XIV (Health and Welfare Benefits). Those unit 11

members who have been in paid status for at least one-half of a particular 12

calendar month and who go on an unpaid leave of absence shall continue 13

to receive their health and welfare coverage for the balance of that 14

monthly pay period. Thereafter, they shall be allowed to remain on 15

continued coverage pursuant to the terms of the insurance plan at their 16

own expense, provided they make advance payment of the premium in a 17

manner reasonably required by the District. Apart from this benefit, the 18

unit member shall receive no wages, fringe benefits or retirement service 19

credit during the duration of the unpaid leave. 20

3. A unit member shall be eligible for a temporary leave of absence 21 22 without loss of salary, upon the death of any member of the 23 24 immediate family. 25 26

27

"Members of the immediate family" as used in this Article are defined as 1

the mother, father, spouse, domestic partner, son, son-in-law, daughter, 2

daughter-in-law, brother, brother-in-law, sister, sister-in-law, mother-in 3

law, father-in-law, step child or step parent, foster parent or foster child, 4

grandmother, grandfather, grandchild, aunt or uncle of the unit 5

member or of the spouse of the unit member, or any relative living in the 6

immediate household of the unit member. 7

8 4. In case of absences, unit members are to notify the immediate supervisor 9

or designee as soon as the unit member has knowledge of the future 10

absence. 11

In case of absences, such as day to day illness, the unit member shall 12

notify the immediate supervisor or designee as soon as possible the day 13

before the date of the absence. 14

If illness arises on a work day prior to the beginning of the unit member’s 15

work shift, the unit member shall inform the supervisor or designee as 16

soon as possible. 17

Failure to provide notice as set out above may result in disciplinary action. 18

5. Unit members returning from absence shall give notice of return to the 19

immediate supervisor before the close of school on the day preceding 20

return. Employees commencing their work day at 2:00 p.m. or later shall 21

give notice by 9:00 a.m. on day of return. If a unit member returns to his 22

position after an absence without giving the requested notice and a 23

substitute or replacement has reported for duty, the substitute or 24

replacement shall be permitted to work with pay and the unit member shall 25

be charged one day's sick leave. 26

28

6. It is agreed that when a unit member is absent from work without leave or 1

authorization, the District will deduct a full day's pay, and the unit 2

member will be subject to disciplinary action. 3

7. If an unpaid leave is granted, all rights of tenure, retirement, accrued leave 4

pay, and other benefits provided by law shall be preserved and available to 5

the unit member after termination of leave of absence, except that for 6

salary schedule purposes the anniversary date of the unit member shall be 7

moved ahead and salary advancement deferred for a period equivalent, in 8

terms of whole calendar months, to the period of the unpaid leave. 9

8. In cases of injury or serious illness, the District may require a medical 10

statement from, or examination by, the unit member's physician or, at the 11

District's option and expense, from a District-appointed physician. 12

Additionally, the District and the Union, on an individual employee basis, 13

may require an employee to complete a functional assessment by a 14

District-appointed licensed physical therapist. In the event, that the 15

functional assessment indicates that an employee is unable to perform the 16

essential functions of his/her position, one or more of the following 17

options may be exercised by the District, based on the recommendation of 18

the physical therapist, and/or attending physician: 19

1) the employee shall be placed in a temporary modified/light 20

duty assignment, provided with a program to perform 21

essential functions, and a time line for completion of such 22

program. At the conclusion of the program, or, if the 23

29

employee passes the program essential functions 1

assessment, the employee shall be returned to work without 2

restrictions. 3

2) the employee shall be offered the opportunity to be placed 4

in any other vacant position which he/she is qualified to 5

perform or be placed on a 39 month re-employment list. 6

9. Each unit member is responsible for submitting an Absence Report 7

certifying the reasons for absence. The District may require verification of 8

the stated reasons for absence and deny pay for the leave if it determines 9

that the leave has been used improperly. 10

10. Tardiness in reporting for work or leaving work early shall not constitute 11

"leave" for any purpose. 12

11. Unit members working on a part-time basis shall be entitled to that portion 13

of any leave which is equivalent to the proportion that their regular hours 14

worked bears to the number of hours worked by unit members working on 15

a full-time basis in comparable positions. 16

B. Sick Leave 17

1. The purpose of sick leave utilization, unless otherwise provided in this 18

Article, shall be for an examination, illness, injury, or legally established 19

quarantine which makes it impracticable for the unit member to perform 20

normal duties on a scheduled day or portion thereof. Sick leave shall not 21

apply to holidays, scheduled vacation days, or other leave days or non-22

work days. 23

30

Full time (less than 12 month) unit members who work during summer 1

school shall earn sick leave based on hours worked. These unit members 2

may use one (1) day of earned sick leave during summer school. 3

2. Unit members working a full-time basis earn and accrue sick leave at the 4

rate of eight (8) hours per full calendar month of paid status. Unit 5

members not working on a full-time basis shall earn and accrue sick leave 6

hours per calendar month in the proportion that their regular hours worked 7

per day bears to eight (8) Unused sick leave credit shall be accumulated 8

from year to year. Each year, the District will advise each unit member as 9

to the amount of sick leave he or she has accumulated. An annual 10

individual statement of sick leave shall be provided to each unit member 11

each year on or before November 1. 12

3. At the beginning of the first pay period of each fiscal year upon initial 13

regular appointment, each employee in paid status who has accrued fewer 14

than the number of full-pay illness absence hours equivalent to 100 days 15

shall be credited with the number of half-pay illness absence days which, 16

when added to the accrued full-pay illness absence days, equals the 17

equivalent of 100 days of full and half-pay illness absence days. 18

4. At the beginning of the first pay period of each fiscal year upon initial 19

regular appointment, each employee in paid status shall receive credit for 20

full-pay illness leave of absence as determined under Section 2 above, 21

prior to actual accrual. However, an employee who uses such credit prior 22

to actual accrual shall not accrue or be credited with additional leave until 23

31

the negative balance has been restored. If an employee is paid for more 1

than the illness absences to which entitled, or terminates employment prior 2

to accruing leave taken in advance, the employee shall be required to 3

refund to the District the salary to which not entitled. This requirement 4

shall be waived in the event of the employee's death. 5

5. Upon exhaustion of all accumulated full-pay sick leave credit, a unit 6

member who continues to be absent under the sick leave provision shall 7

receive half-pay illness credit. In order to qualify for such half pay credit, 8

a unit member may be required to submit a medical statement from his or 9

her physician. 10

6. Unused full-pay illness absence credit shall be cumulative from year-to-11

year without limitation. Half-pay illness credit shall not be cumulative 12

from year to year. When a permanent employee is absent under this 13

Section and such absence is properly verified, the employee will receive 14

his or her full normal pay up to the total of the employee's full-pay illness 15

benefits. Full-pay illness benefits shall be used before available half-pay 16

benefits may be used. Additional days of illness absence will be at half-17

pay up to the total of half-pay days credited, if available, unless the 18

employee requests the use of accrued vacation which he or she may have. 19

7. The amount of paid illness absence taken in any period shall not be in 20

excess of the illness absence accumulated by the close of the pay period 21

immediately preceding the illness absence, except as provided in the 22

preceding paragraphs. An initial probationary employee shall not be 23

32

eligible to be paid for more than the equivalent of six (6) days of full-pay 1

illness leave until the first day following completion of six months of paid 2

service in regular assignments. Half-pay illness leave shall not be paid 3

during this time. 4

8. Pay for any day of such absence shall be the same as the pay which would 5

have been received had the unit member served in his or her regular 6

capacity during the day of illness. Conversely, if a unit member misses a 7

day of work because of illness, his or her sick leave account shall be 8

charged no more than the amount of time the unit member would have 9

worked had the illness not occurred. 10

C. Personal Necessity Leave 11

1. Personal necessity leave may be utilized by a unit member who has 12

sufficient sick leave credit, for circumstances that are serious in nature, 13

which cannot be expected to be disregarded, which necessitate immediate 14

attention and which cannot be dealt with during off-duty hours. Examples 15

of serious circumstances suitable for personal necessity may be 16

appearance in any court or before any administrative tribunal as a litigant. 17

Personal necessity leave may be used for funerals of close personal friends 18

or relatives in addition to immediate family, subject to approval of the site 19

administrator. Personal necessity leave may not be used during summer 20

school or other extended assignments. 21

2. A unit member may elect to use not more than seven (7) days per year of 22

unused sick leave for purposes of personal necessity leave. Unused 23

33

personal necessity leave entitlement shall not be accumulated from year to 1

year. The number of days of Personal Necessity Leave shall not exceed 2

the number of full days of unused sick leave to which the unit member is 3

entitled. Exceptions may be made by the immediate administrator or the 4

superintendent to grant up to ten (l0) days per year based upon unusual 5

and extenuating circumstances. 6

3. The unit member shall submit written notice to the immediate 7

administrator by 3:00 p.m. of the preceding work day that he/she intends 8

to take personal necessity leave, except where extenuating circumstances 9

make such notice impossible, as in the following examples: 10

a) Death or serious illness of a member of the immediate family. 11

Requests granted under this section shall be in addition to those 12

provided under the section of this Article entitled "Bereavement 13

Leave"; 14

b) Accident involving the unit member or his/her property, or the 15

person or property of a member of the immediate family. 16

4. The unit member shall make every reasonable effort to comply with 17

District procedures designed to secure substitutes. The District reserves 18

the right to deny payment for the leave, if, after reviewing the Absence 19

Report, it determines that the leave was improperly utilized. 20

5. Verification may be required for just cause. 21

34

6. Immediately upon return to active service the unit member shall complete 1

the District's Employee Absence Report and submit it to the immediate 2

supervisor. 3

D. Industrial Accident and Illness 4

1. A unit member who has sustained a job-related injury or illness shall 5

report the injury to the immediate supervisor on the District Accident 6

Report form as soon as possible, but normally not later than the next 7

scheduled work day following the accident or discovery of the illness. 8

2. Paid industrial accident and illness leave shall be granted to unit members 9

as provided herein, for injury or illness which is incurred within the course 10

and scope of assigned duties and which would qualify for Workers 11

Compensation coverage. 12

3. In order to qualify for industrial accident or illness leave coverage, a unit 13

member claiming such leave shall be subject to examination by a District-14

appointed physician, at District expense, to verify his or her condition and 15

to evaluate any claims. 16

4. A unit member shall be permitted to return to service after an industrial 17

accident or illness leave only upon presentation of a release from the 18

treating physician in form satisfactory to the District and at the District's 19

option and expense, from a District-appointed physician. 20

5. Allowable leave shall be for not more than sixty (60) working days, during 21

which the unit member would otherwise have been performing work for 22

the District in any one fiscal year for the same illness or accident. 23

35

Allowable leave shall not be accumulated from year to year. If the same 1

illness or injury extends into the next fiscal year, the unit member shall be 2

allowed to use only the amount of leave remaining from the previous 3

fiscal year. 4

6. Industrial accident or illness leave shall commence on the first day of 5

absence, and shall be charged by one day for each day of authorized 6

absence regardless of a temporary disability indemnity award. 7

7. During any industrial paid leave of absence, the unit member shall endorse 8

to the District the temporary disability indemnity checks received on 9

account of the industrial accident or illness. The District, in turn, shall 10

issue the unit member's appropriate salary warrants for payment of salary 11

less normal deductions. 12

8. Upon conclusion of the industrial paid leave, the unit member may utilize 13

any available sick leave benefits. However, any sick leave utilization, 14

when combined with any temporary disability indemnity, shall not result 15

in payment of more than full salary. For sick leave purposes, the absence 16

under this procedure shall be deemed to have commenced on the date of 17

termination of the industrial paid leave. 18

9. Any unit member receiving benefits as a result of this section shall, during 19

periods of injury or illness, remain within the State of California unless the 20

Board of Education has authorized travel outside the state. 21

10. When all paid or unpaid leaves of absence have been exhausted following 22

an industrial accident or illness, the unit member's name shall be placed on 23

36

a re-employment list for the classification from which he or she was on 1

leave for a period not to exceed thirty-nine (39) months. 2

E. Bereavement Leave 3

A unit member shall be eligible for a temporary leave of absence without loss of 4

salary, upon the death of any member of the immediate family. Such leave will 5

be for no longer than three (3) days, except that if out-of-state travel is required, 6

five (5) days will be authorized; and if in-state travel in excess of 200 miles (one 7

way) is required, four (4) days will be authorized. Additional days of absence 8

beyond those described herein are provided in this Article under these terms of 9

Personal Necessity Leave. Use of this leave shall normally commence within 10

seven (7) calendar days from the date of the death of the family member, and days 11

taken shall normally be taken consecutively. However, extenuating 12

circumstances may justify departure from these requirements. 13

F. Maternity Leave 14

Written and unwritten employment policies and practices of the District shall be 15

applied to disability due to pregnancy or childbirth on the same terms and 16

conditions applied to other temporary disabilities. 17

G. Jury Duty 18

Leave of absence for jury service shall be granted to any unit member who has 19

been officially summoned to jury duty in local, state, or federal court. Leave shall 20

be granted for the period of the jury service. The unit member shall receive full 21

pay while on leave provided that the jury service fee for such leave is assigned to, 22

and the subpoena or court certification is filed with, the immediate supervisor. 23

37

Request for jury service leave shall be made by presenting the official court 1

summons to jury service to the immediate supervisor. The Unit member shall 2

complete the required jury service form and submit it to the immediate supervisor 3

along with the Absence Report. 4

An employee whose regular assignment is other than the day shift will be 5

reassigned to the day shift while on Jury Duty. Subject to the feasibility of 6

making reasonable travel arrangements, the employee shall be required to report 7

for work during the balance of his assigned working day or week when his or her 8

presence is not required pursuant to said subpoena. 9

H. Military Leave 10

A unit member shall be entitled to any military leave required by law and shall 11

retain all rights and privileges required by law arising out of the exercise of 12

military leave. 13

I. Personal Leave - Unpaid 14

The District may, for good cause, and upon the written request of the unit member 15

and the recommendation of the Superintendent, grant a leave without pay for any 16

reason satisfactory to the District. 17

Denial of personal leave is not subject to the grievance procedures of Article V. 18

J. Court Subpoena Leave (Paid) 19

A paid leave shall be granted to allow an employee to appear in response to a 20

subpoena duly served, when other than a litigant (a) in a case before a grand jury; 21

(b) in a criminal case before a court within the State; or (c) in a civil case in a 22

court within the county in which the employee resides or outside of said county if 23

38

within 150 miles of place of residence. Leave shall be granted for the days of 1

attendance in court as certified by the clerk or other authorized officer of such 2

court or grand jury or by the attorney for the litigant in the case. In any case in 3

which witness fees are payable, such fees shall be collected by the employee and 4

remitted to the District. An employee whose regular assignment is other than the 5

day shift will be reassigned to the day shift on each day such court subpoena 6

occurs. 7

Subject to the feasibility of making reasonable travel arrangements, the employee 8

shall be required to report to work during the balance of his assigned working day 9

or week when his or her presence is not required pursuant to said subpoena.10

K. Family Care & Medical Leave 11

It is the intent of this provision to be consistent with Government Code Section 12

12945.2 and the Family and Medical Leave Act of 1993, and it shall be 13

interpreted so that there will be no violation of those statutes. 14

1. An employee with more than one (1) year of continuous service with the 15

District, who has worked at least 1,250 hours during said year and who is 16

eligible for other leave benefits of this Agreement shall be granted, upon 17

written request, an unpaid family care leave up to a total of four (4) 18

months in any twenty-four (24) month period, of twelve (12) weeks per 19

year, pursuant to the provisions contained herein. 20

For purpose of this section the term “family care and medical leave" 21

means either: 22

39

(a) leave for reason of the birth of a child of the employee, the 1

placement of a child with an employee in connection with the 2

adoption of the child or foster care of the child of the employee, or 3

the serious illness of a child of the employee; 4

(b) leave to care for a parent or spouse who has a serious health 5

condition; or 6

(c) leave because of serious health condition that makes the employee 7

unable to perform the functions of the position of that employee; 8

(d) leave for disability on account of pregnancy, childbirth or related 9

medical condition. District paid health and welfare benefits shall 10

be provided for the first three months of such leave 11

2. An unpaid family care and medical leave shall be treated as any other 12

unpaid leave. During an unpaid family care and medical leave an 13

employee shall retain employee status with the District, and such leave 14

shall not constitute a break in service. An employee returning from an 15

unpaid family care and medical leave shall have no less seniority than 16

when the leave commenced. 17

3. If an employee's need for an unpaid family care and medical leave is 18

foreseeable, the employee shall provide the District with at least thirty (30) 19

days advance notice; for unplanned absences, the employee shall provide 20

the District with reasonable advance notice of the need for such leave. If 21

the employee's need for such leave is foreseeable due to a planned medical 22

treatment or supervision, the employee shall make a reasonable effort to 23

40

schedule the treatment or supervision to avoid disruption to the operations 1

of the District. 2

4. The District requires that an employee's request for an unpaid family care 3

and medical leave for the purpose of caring for a child, spouse or parent 4

who has a serious health condition or for the employee's own serious 5

health condition be supported by a written certification issued by the 6

health care provider of the family member requiring care. This written 7

certification must include the date on which the serious health condition 8

commenced and the probable duration of the condition. 9

For a leave based upon caring for a child, spouse or parent who has a 10

serious health condition, the written certificate must have an estimate of 11

the amount of time the health care provider believes the employee needs to 12

care for the individual requiring care, and a statement that the serious 13

health condition warrants the participation of a family member to provide 14

care during a period of the treatment or supervision of the individual 15

requiring care. 16

For a leave based on the employee's own serious health condition, the 17

written certification must include a statement that the employee is unable 18

to perform the functions of his or her position. If additional leave is 19

required upon the expiration of the time estimated by the health care 20

provider, the employee must request such additional leave again supported 21

by a written certification consistent with the requirements for an initial 22

certification. 23

41

5. In any case in which the District has reason to doubt the validity of the 1

certification provided pursuant to this section, the District may require, at 2

the District's expense, that the employee, or as appropriate the employee's 3

spouse, child or parent, obtain the opinion of a second health care 4

provider. The second health care provider may not be employed on a 5

regular basis by the District. If the opinions of the first and second health 6

care provider differ, the District may require a third opinion, again at the 7

District's expense, from a health care provider mutually agreed upon by 8

the District and the employee. The third opinion shall be final and binding. 9

6. Definitions 10

(a) For purposes of this section and consistent with current law, the 11

term “child” means a biological, adopted or foster child, a 12

stepchild, a legal ward, or a child of an employee standing in loco 13

parentis who is either under eighteen (18) years of age or an adult 14

dependent child. 15

(b) For purposes of this section and consistent with current law, the 16

term “parent” means biological, foster, in-law, or adoptive parent, 17

a stepparent or a legal guardian. 18

7. If an employee applies for a family care and medical leave, the employee 19

can elect, or the District may require, the substitution of paid vacation or 20

other paid leave to which the employee is entitled. If such paid leave is 21

substituted, the employee is require to comply with the contractual 22

requirements for use of such paid leave. 23

42

8. An employee granted a leave under this provision shall have a right to 1

reinstatement to his/her former classification if such classification still 2

exists, which the person held immediately before commencement of a 3

leave, with equivalent benefits, pay, and other working conditions 4

provided by this Agreement. If the former classification no longer exists, 5

he/she shall be placed in a lower or lateral classification in which he/she 6

had previously served and in which he/she holds greater seniority than 7

other incumbents in said class. 8

9. An employee taking unpaid family care and medical leave pursuant to this 9

section shall continue to be entitled to participate in District health 10

insurance benefits, if eligible and if enrolled, to the same extent and under 11

the same conditions as apply to other eligible, enrolled active employees 12

receiving said benefits. The District may recover the premium that it paid 13

as required by this subdivision for maintaining coverage for the employee 14

under the group health plan if both of the following conditions occur: 15

(a) The employee does not return to District service for a number of 16

days equal to the duration of the family care and medical leave; 17

and 18

(b) The employee's failure to return from leave is for a reason other 19

than the continuation, recurrence, or onset of a serious health 20

condition that entitles the employee to family care and medical 21

leave or other circumstances beyond the control of the employee. 22

43

10. Family care and medical leave may be taken in one (1) or more periods. 1

Leave must be taken in increments of at least three (3) days except for 2

chronic illness or child care. 3

11. This policy shall not be constructed to entitle the employee to receive 4

disability benefits under Part 1 (commencing with Section 3201) of 5

Division 4 of the Labor Code (Workers' Compensation). 6

ARTICLE IX 7

SAFETY 8

A. The District shall provide at no cost to the unit member all safety equipment 9

required by the District. For eligible employees: Multi-Skilled Maintenance 10

Workers, Custodians, Athletic Field Maintenance Worker, Lead Grounds and 11

Grounds/Utility Workers, Shipping/Receiving Clerk/Delivery Driver, 12

Delivery/Driver/Warehouse-Food Service, and Food Service Delivery Driver, such 13

equipment shall include five uniform items per year: polo shirt, work shirt, or pants 14

per employee’s choice. Rain gear will be issued initially and then replacement rain 15

gear will be provided upon receipt of prior set. All shirts and rain gear shall have 16

the employee’s name as identification in addition to District identification. Unit 17

members who fail to observe posted safety rules may be subject to disciplinary 18

action. Unit members who fail to wear the district uniform may be subject to 19

disciplinary action. Non student summer session shall be exempt from the uniform 20

requirement. 21

44

B. The District shall make a reasonable effort to provide employment and a place of 1

employment which is as safe as the nature of the employment and assigned duties 2

reasonably permit in conformance with applicable law. 3

C. The Teamsters shall select a representative to the District Disaster Preparedness and 4

Safety Committee. The District Safety Officer and the Teamsters’ Representative 5

shall yearly review the workers’ compensation injuries for the District, available 6

regional training, and establish the District Safety Training Schedule. 7

Representatives of the District and the Union shall review the Work Steps proposal 8

in situations where an employee is having difficulty in performing his/her assigned 9

duties. The District Safety Officer and the Teamster’s Representative shall be 10

jointly responsible for informing employees of necessary safety training, procedures 11

and practices. 12

D. The District shall be responsible for informing employees of necessary safety 13

procedures and practices. The employees are responsible for complying with safety 14

procedures and practices and for reporting any unsafe condition, facility or 15

equipment of which they are aware. 16

E. There shall be no reprisal against an employee for reporting any real or potentially 17

unsafe condition, facility, or equipment. 18

F. The provisions of this article shall not be subject to the arbitration provisions of 19

Article V (Grievance Procedures). 20

G. A unit member representative and the District Safety Officer shall meet on an as-21

needed basis to discuss safety conditions or problems which are perceived by unit 22

members. The unit member representative shall participate during his or her normal 23

45

working hours and shall suffer no loss of pay or benefits as a result of such 1

participation. 2

ARTICLE X 3

VACATION AND HOLIDAYS 4

A. Vacation 5

1. Every unit member in paid status shall earn paid vacation at the prescribed rate 6

as part of his or her compensation. Vacations shall also be earned during any 7

paid leave of absence. Unit members must have been employed continuously 8

for six (6) months before becoming eligible to take paid vacation. Unit 9

members working on a part-time basis accrue paid vacation on a pro rata basis 10

according to time served. Probationary unit members shall not earn the right to 11

vacation or vacation pay while in a probationary status. However, unit 12

members achieving permanent status shall have the right to credit their 13

probationary service toward vacation accrual. Unit members who are serving in 14

probationary status following a promotion from a position in which they 15

achieved permanent status shall continue to accrue and be eligible for vacation 16

benefits during such probationary period. 17

2. Vacation shall be earned as follows: 18

Full-time or part-time unit members on paid status at least one-half of the working days 19

of any calendar month shall earn vacation time as follows: 20

46

Days Earned Per Calendar Month, 1 2 Years of Each Day Earned 3 Continuous Equal to Regular Maximum Days 4 Service Work Day Per Year 5 6 1st-5th Inclusive 1 1/12 13 7 6th-10th Inclusive 1 1/3 16 8 11th-15 Inclusive 1 2/3 20 9 16th and above 1 5/6 22 10 11

Any unit member on paid status less than ½ the working days of any month 12

except as otherwise provided for probationary unit members shall earn vacation 13

time as follows: 14

Vacation Hours Earned 15 Year of Continuous Service Per Hour of Paid Status 16 17 1st-5th Inclusive hrs. worked x 1.083 18 6th-10th Inclusive hrs. worked x 1.333 19 11th-15th Inclusive hrs. worked x 1.667 20 16 + hrs. worked x 1.833 21 22

3. Normally, vacation is taken during the year following June 30th of the 23

year in which it is earned. Vacation schedules shall be prepared by the 24

District. Effort shall be made to enable vacation to be taken at times 25

convenient to the unit member, consistent with the needs of the service, 26

the work load of the department, and the need to minimize substitute costs. 27

In scheduling vacations, the District shall consider the seniority of the 28

individuals involved. Vacation credit may be accumulated to a total not 29

exceeding that which the unit member could earn in two years. Disputes 30

concerning scheduling of vacation shall not be subject to the grievance 31

procedures of Article V. 32

33

47

4. An annual individual statement of vacation accruals shall be provided to 1

each unit member on or before November 1. 2

5. The rate at which vacation is paid shall be the rate of pay which the unit 3

member would have been paid had he worked his or her regular hours 4

during the period of vacation. 5

6. Except as expressly provided in Paragraph l of this Section, upon 6

separation from the service, a unit member shall be paid for accumulated 7

vacation credit at the rate of pay applicable to his or her last regular 8

assignment. 9

7. Vacations may be interrupted or terminated in order to begin another type 10

of paid leave, provided the employee supplies the District with reasonable 11

notice and relevant supporting information regarding the basis for such 12

interruption or termination. 13

8. The District will require less than 12 month unit members to take Winter 14

and Spring Breaks as vacation (excluding Food Service, Central Kitchen, 15

and Contract Sites). 16 Sub Section 3 reads: 17 18

3. Normally, vacation is taken during the year following June 30th 19

of the year in which it is earned. Vacation schedules shall be prepared 20

by the District. Effort shall be made to enable vacation to be taken at 21

times convenient to the unit member, consistent with the needs of the 22

service, the work load of the department, and the need to minimize 23

substitute costs. In scheduling vacations, the District shall consider the 24

seniority of the individuals involved. Vacation credit may be 25

accumulated to a total not exceeding that which the unit member could 26

earn in two years. Disputes concerning scheduling of vacation shall not 27

be subject to the grievance procedures of Article V. 28 29

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9. Less than 12 month unit members will be automatically cashed out for any 1

vacation time not utilized during the school year unless they specify to the 2

Payroll Department they want this time to be accrued. Limitations on 3

accrual for vacation shall be governed under Article X, Section A, 4

paragraph 3. 5

Food Services: 6

District and Teamsters representatives will meet to review current 7

procedures for Food Services. 8

B. Paid Holidays 9

1. All probationary or permanent employees as part of the classified service 10

shall be entitled to the following paid holidays provided they are in a paid 11

status during any portion of the working day immediately preceding or 12

succeeding the holiday: January 1, Martin Luther King Day, February 12 13

known as "Lincoln Day," the third Monday in February known as 14

“President’s Day”, the last Monday in May known as "Memorial Day," 15

July 4, the first Monday in September known as "Labor Day," November 16

11 known as "Veterans Day," that Thursday in November proclaimed by 17

the President as "Thanksgiving Day," every day appointed by the 18

President, or the Governor of this state, as provided for in subdivisions (b) 19

and (c) of Section 37220 for a public fast, Thanksgiving or holiday, or any 20

day declared a holiday under Section 1318 or 37222 for classified or 21

certificated employees. December 25, December 30 (in lieu of Admissions 22

Day. School recesses during the Winter Break, Spring Break, and mid-23

49

February periods shall not be considered holidays for classified employees 1

who are normally required to work during that period. However, this shall 2

not be construed as affecting vacation rights specified in this section. 3

Regular employees of the district who are not normally assigned to duty 4

during the school holidays of December 25 and January 1 shall be paid for 5

those two holidays provided that they were in a paid status during any 6

portion of the working day of their normal assignment immediately 7

preceding or succeeding the holiday period. 8

When a holiday listed in this section falls on a Sunday, the following 9

Monday shall be deemed to be the holiday in lieu of the day observed. 10

When a holiday listed in this section falls on a Saturday, the preceding 11

Friday shall be deemed to be the holiday in lieu of the day observed. 12

When a classified employee is required to work on any of these holidays, 13

he or she shall be paid compensation, or given compensating time off, for 14

such work, in addition to the regular pay received for the holiday, at the 15

rate of time and one-half the employee's regular rate of pay. 16

All classified employees shall have the day before Thanksgiving and the 17

day following Thanksgiving as a designated local holidays. Should an 18

employee be requested to work on those days, he/she would be paid at 19

his/her regular rate of pay (the District and the Union will work together 20

for a mutually agreed to solution should there be a need for Food Services 21

to serve contract schools). 22

23

50

Birthdays 1

Each ten-month, eleven-month and twelve-month employee who works a 2

minimum of 20 hours per week shall be eligible for a paid holiday in 3

recognition of his or her birthday. A birthday day is to be taken on a day 4

which is mutually agreed to by the employee and the employee’s 5

supervisor. 6

3. When a holiday (with the exception of the birthday holiday) listed in this 7

section falls on a Sunday, the following Monday shall be deemed to be the 8

holiday in lieu of the day observed. When a holiday listed in this section 9

falls on a Saturday, the preceding Friday shall be deemed to be the holiday 10

in lieu of the day observed. When a classified employee is required to 11

work on any of these holidays, he or she shall be paid compensation, or 12

given compensating time off, for such work, in addition to the regular pay 13

received for the holiday, at the rate of time and one-half the employee's 14

regular rate of pay. 15

ARTICLE XI 16

SEPARABILITY AND SAVINGS 17

A. If any provision of this Agreement should be held invalid by operation of law or 18

by any tribunal of competent jurisdiction, or if compliance with or enforcement of 19

any provision should be restrained by such tribunal pending a final determination 20

as to its validity, the remainder of this Agreement or the application of such 21

Article or section as to persons or circumstances other than those as to which it 22

51

has been held invalid or as to which compliance with or enforcement of has been 1

restrained, shall not be affected thereby. 2

B. In the event of such invalidation of any provision of this Agreement, the parties 3

agree to meet and negotiate upon request, within a reasonable time of such 4

invalidation for the purpose of arriving at a satisfactory replacement for such 5

provision. This Article shall not be subject to the grievance and arbitration 6

provisions of Article V. 7

C. In the event of a conflict between the terms of any Board policy or District rule 8

and the provisions of this Agreement, the latter shall prevail. 9

ARTICLE XII 10

ENTIRE AGREEMENT 11

A. The District shall not be bound by any requirement which is not expressly and 12

explicitly stated in this Agreement. Specifically, but not exclusively, the District 13

is not bound by any past practices of the District or understandings with any 14

employee organization or council, unless such past practices or understandings 15

are specifically stated in this Agreement. 16

B. The Union agrees that this Agreement is intended to cover all matters relating to 17

wages, hours and all other terms and conditions of employment, and that during 18

the term of the Agreement neither the District nor the Union will be required to 19

meet and negotiate on any further matters affecting these or any other subjects not 20

specifically set forth in this Agreement. Nothing contained herein shall prevent 21

the parties from meeting upon mutual consent for the purpose of discussing 22

proposals for the salary upgrading or downgrading of individual unit members or 23

52

alternatives to existing health and welfare benefits or any other negotiable issue; 1

provided, however, that neither the refusal of either party to engage in such 2

discussions nor any dispute arising out of such discussions shall be subject to the 3

grievance procedures of Article V. 4

ARTICLE XIII 5

SALARIES 6

A. The salary schedule included in the 2012-2013 Collective Bargaining Agreement 7

shall remain in effect for the 2012-2013 school year effective July 1, 2012. 8

If another bargaining unit negotiates a salary increase in excess of this increase (in 9

terms of economic impact), the parties shall meet to discuss the implementation of 10

the additional increase. 11

B. Unit members shall receive longevity pay supplements on the following basis: 12

After 5 Years of Service - each pay period, eligible unit members shall receive a 13

supplement equivalent to two percent (2%) of the base salary 14

(exclusive of any supplements or premiums) for their classification. 15

After 10 Years of Service - each pay period, eligible unit members shall receive a 16

supplement equivalent to three percent (3%) of the base salary (exclusive of any 17

supplements or premiums) for their classification. 18

After 15 Years of Service - each pay period, eligible unit members shall receive a 19

supplement equivalent to five percent (5%) of the base salary (exclusive of any 20

supplements or premiums) for their classification. 21

53

After 20 Years of Service - each pay period, eligible unit members shall receive a 1

supplement equivalent to six percent (6%)of the base salary (exclusive of any 2

supplements or premiums) for their classification. 3

After 25 Years of Service – each pay period, eligible unit members shall receive a 4

supplement equivalent to seven percent (7%) of the base salary (exclusive of any 5

supplements or premiums) for their classification. 6

C. Salary Rules And Schedules 7

1. General 8

a) The salary schedules incorporated in the Appendix shall be applied 9

to individual unit members according to the salary rules stated 10

herein. Any salary administration procedure or matter not included 11

herein shall be reserved to the discretionary administration of the 12

District. 13

b) Salary warrants for regular unit members employed on a regular 14

basis shall continue to be issued on or about the twenty-fifth day of 15

the month for service performed for the first half of that calendar 16

month and on or about the tenth of the following calendar month 17

for service performed in the last half of the preceding calendar 18

month, with appropriate deductions from each warrant. 19

c) Salary warrants shall continue to be prepared by the responsible 20

Office of the County Superintendent of Schools, and the District 21

payrolls shall be prepared in accordance with, and subject to, the 22

rules and regulations thereof; and the District shall continue to 23

54

exercise sole discretion in all matters relating to such salary 1

warrant preparation. 2

d) Mandatory deductions from gross earnings are those required by 3

law and include Federal and State Income Tax, OASDHI, and 4

Public Employees Retirement System. 5

e) Optional deductions are those deductions the unit member may 6

select to have taken from gross earnings. Such deductions may be 7

made for items and services that are made available to unit 8

members by Board action. No deductions will be permitted for 9

purposes not expressly authorized by the Board. Optional 10

deductions must be initiated in writing by the unit member. This 11

authorization shall remain in effect continuously until the District 12

receives from the unit member written notice withdrawing the 13

authorization for the deduction. 14

f) Payroll warrants shall be issued only to the unit member unless the 15

unit member authorizes in writing the release of warrant to another 16

person or unless the unit member directs that a warrant be mailed 17

and provides a stamped and addressed envelope for such purposes. 18

Unit members may be required to sign a receipt for any warrant. 19

g) Should any of the provisions contained herein represent changes 20

from previous salary rules, it is the intention of the parties that 21

such changes operate prospectively from the date of ratification 22

and adoption of the agreement only, and that any salary settings or 23

55

credits which were properly received prior to said date should not 1

be disturbed. 2

2. Initial Placement on the Schedules 3

a) Each unit member shall be placed on the salary range designated 4

herein for the classification applicable to the unit member's 5

position except as otherwise provided by the Agreement. 6

b) Initial step placement for new employees, shall be up to step three, 7

unless the applicant’s experience and/or special skills warrants 8

higher placement. 9

c) A unit member who receives a promotion to a classification having 10

a higher range shall be placed on that step for the new range which 11

is the closest in amount to his previous rate but not less than five 12

percent (5%) greater than his previous rate. 13

d) A unit member placed in a classification having a lower range shall 14

be placed at the same numerical step as had been attained in the 15

previous classification. 16

e) A part-time unit member who accepts an additional assignment in a 17

different classification shall be placed on the range of the new 18

classification at the same step he/she is on in the current 19

classification. 20

3. Advancement on the Schedule 21

a) Following initial placement on the schedule, a unit member shall 22

advance on the schedule -- until the fifth or last step is reached -- 23

56

for each full year of satisfactory service, as determined by the 1

annual evaluation of service, and such advancement shall be 2

effective as of the unit member's Anniversary Date. The 3

Anniversary Date shall be the first (1st) day of that calendar month, 4

in any year, in which the employee was hired if hired on or before 5

the fifteenth (15th) day of said month; or, if hired after the fifteenth 6

(15) day, the first (1st) day of the calendar month immediately 7

succeeding the calendar month in which hired. 8

b) Once established, during consecutive years of service, the 9

Anniversary Date shall remain the same regardless of classification 10

changes by the unit member except that the Anniversary Date shall 11

be advanced by the nearest number of whole months for every 12

unpaid leave of absence lasting more than fifteen (15) consecutive 13

work days. 14

c) However, regardless of the Anniversary Date, each unit member 15

shall be required to serve six (6) complete calendar months of 16

Probation from the actual date of hire or of appointment to a new 17

classification. Advancement may thus be made on the regular 18

Anniversary Date by a unit member serving in a new classification 19

during Probation provided the most recent evaluation is 20

satisfactory. 21

d) Whenever normal progress on the schedule is deferred due to an 22

unsatisfactory evaluation, the amount of increase otherwise due 23

57

shall be forfeited; advancement on the schedule and increased 1

compensation shall not be effected until after a satisfactory 2

evaluation of service is filed and shall be effective as of the date of 3

the first payroll period following such satisfactory evaluation. 4

4. Working out of Classification 5

Whenever a unit member is directed by the immediate supervisor to 6

perform duties which are not required by the unit member's regular 7

classification, and which are the regular duties of the classification having 8

a higher salary schedule range, and thereafter actually performs such 9

duties, such unit member shall receive a five percent (5%) increase in pay 10

for each full day that he or she works in such higher classification. The 11

exceptions to the foregoing shall be that whenever a bargaining unit 12

member is directed to work out of classification and to perform duties 13

normally required of a Food Service Manager-Central Kitchen, Director of 14

Food Services, or Director of Maintenance and Operations, the rates shall 15

be the first (1st) step of Food Service Manager-Central Kitchen, Director 16

of Food Services, or Director of Maintenance and Operation ranges and 17

such rates shall be effective each and every day of such assignment. 18

5. Basis of Computation of Salary Rates or 19

Payments Less than Full Time, Full Year 20

All figures shown in the Salary Schedule (Appendix I) are monthly salary 21

rates for full-time employment (8 hours per day for all working days of a 22

calendar month). Salary and/or wage rates for other than full-time 23

58

employment may be computed, at the discretion of the District, by the 1

following methods: 2

a) Percentage Method -- in which the percentage to be applied to the 3

monthly rate is determined by the hours worked per day divided by 4

8 hours or by hours worked per week divided by 40 hours. 5

b) Hourly Rate Method -- in which the regular hourly rate to apply to 6

the hours worked is equal to the monthly rate divided by 173.333 7

hours. This method shall apply to all overtime pay computations as 8

provided in Article VI. 9

c) Daily Rate Method -- in which the daily rate to apply is equal to 10

the schedule or computed monthly rate divided by 22 days. 11

All reductions in pay for less than full month's service or for unpaid and/or 12

non-compensable absence shall be computed by the Hourly and/or Daily 13

Rate Methods. 14

ARTICLE XIV 15

HEALTH AND WELFARE BENEFITS 16

A. The District's maximum allocation per full-time unit member for medical, dental 17

and vision benefits shall be $13,860 annually. 18

B. Health and welfare benefits shall be provided as follows: 19

1. Medical 20

The District shall pay the actual cost of medical benefits for participating 21

unit members working full-time, i.e., 40 hours per week, provided that the 22

aggregate cost for medical, dental, and vision benefits does not exceed the 23

59

maximum set forth in Paragraph A above. The District shall make pro-1

rated contributions on behalf of participating unit members who work 20 2

hours or more per week in the same proportion that their salary bears to 3

full salary, provided that the aggregate cost for medical, dental, and vision 4

benefits does not exceed the maximum set forth above. Unit members 5

working less than 20 hours per week are not eligible for medical benefits. 6

In the event that a husband and wife are employees of the District, the past 7

practice shall continue that dual coverage is not permitted. Dual coverage 8

is when an employee is enrolled in a health plan as both a member and a 9

dependent or as a dependent on two enrollments. 10

2. Effective January 1, 2008, the District shall initiate a Limited Medical Plan 11

(Mini-Med- Optimed Plan 2) for employees with less than twenty hour a 12

week assignments. This plan shall be operated through employee direct 13

billing by the plan provider. 14

3. Dental 15

The District shall pay the actual annual cost of full family dental coverage 16

on behalf of all participating unit members provided that the aggregate 17

cost for medical, dental, and vision benefits does not exceed the maximum 18

set forth in Paragraph A above. 19

4. Vision 20

The District shall pay the actual annual cost of vision coverage for all 21

participating unit members and their dependents provided that the 22

60

aggregate cost for medical, dental, and vision benefits does not exceed the 1

maximum set forth in Paragraph A above. 2

5. Long Term Disability 3

The District shall contribute .26 per $100.00 of payroll for unit members 4

who are twenty (20) hours per week or more employees for a long term 5

disability income program. The program provides sixty-six and two-thirds 6

(66 2/3) per cent of salary with a maximum of $5,000.00 per month up to 7

five (5) years or age seventy (70) beginning on the ninety-first (91st) day 8

of total disability. 9

C. Miscellaneous Provisions 10

1. All District contributions for health and welfare coverage are made subject 11

to the requirements established by the insurance carriers. In the event that 12

an insurance carrier refuses to permit contributions to be made on behalf 13

of part-time unit members according to the formula set forth in this 14

Article, the District will so notify all affected part-time employees. 15

Thereafter, upon request of the unit member and pursuant to such 16

procedures as the District may establish, the District may commence 17

making contributions for the unit member on the same basis that 18

contributions would have been made if the unit member had been working 19

on a full-time basis. The unit member shall, at such times as the District 20

may require, forward to the District reimbursement for the difference 21

between the amount previously contributed by the District and said larger 22

amount. Failure to make such reimbursement will result in cancellation of 23

61

insurance coverage. If deemed necessary by the District, the unit member 1

shall execute an authorization entitling the District to withhold from his or 2

her pay check the amount required for such reimbursement. 3

2. All unit members and family shall be enrolled in a dental plan. Except as 4

provided in this Article, participation in medical plans shall be on an 5

optional and voluntary basis. No payment will be made to unit members 6

who fail to enroll. 7

3. The District may take immediate action to provide replacement programs 8

should any program be terminated by a carrier during the term of this 9

Agreement, subject to discussion with the Union. 10

4. The District's financial obligations under this Article are limited to 11

payment of the above indicated sums or maintenance of the programs 12

available pursuant to this Article and are to be determined by the above 13

indicated benefits. All terms and conditions of the various carriers' 14

respective plans, and all disputes concerning such matters are to be 15

resolved between the carrier and the unit member, and are not subject to 16

the grievance procedures of this Agreement. 17

5. The nature of the benefits available to each unit member under this Article 18

will be determined according to the number of hours which the unit 19

member normally works per week in his or her permanent classification. 20

Periodic variations in the number of hours actually worked per week by 21

any unit member will not affect the nature of the benefit coverage 22

applicable to that unit member. Changes in benefit coverage may be 23

62

accomplished only as a result of official District action resulting in a 1

change in the unit member's permanent classification. If a unit member's 2

status changes as a result of official District action during the term of this 3

Agreement and such change in status results in a change in the nature of 4

the medical, dental, and/or vision benefits for which the unit member was 5

previously eligible, such change in benefit coverage shall take effect as of 6

the first day of the calendar month immediately following the change in 7

status or as soon thereafter as practicable. 8

D. Retired unit members may participate in the medical benefits program provided 9

that: 10

1. The unit member has been employed by the District in paid status for 10 of 11

the past 12 years immediately preceding retirement, and; 12

2. The unit member is covered under a medical insurance plan at the time of 13

retirement. 14

3. The coverage available to each retired unit member may include 15

dependent health coverage, if requested. 16

4. The retired unit member is charged the District rate for the carrier selected, 17

and payment will be made by a monthly deduction from his/her PERS’ 18

retirement check. 19

5. Dental and/or vision coverage for either the retired unit member or his or 20

her dependents is available under COBRA. 21

22

23

63

E. Life Insurance 1

The District shall pay the annual premium for a $l0,000 term life insurance policy 2

for all unit members. 3

4 F. Retirees Medical Benefits Pool 5

Employees who retire between the age of 55 - 65 with a minimum of 10 years of 6

service to the District shall be eligible for the Retirees’ Medical Benefits Pool. 7

1. Eligible employees shall declare (notify Teamsters 911) no later than 8

March 1, their intent to retire prior to the following July 1. 9

2. The maximum benefit provided to a retiree would be one party only 10

coverage and based upon the cost of the median cost medical plan (family) 11

offered by the District. Eligible employees working less than full time 12

would be provided coverage pro-rated to the number of hours worked. 13

Unit members working less than twenty (20) hours would not be eligible. 14

Should the participation premium amount exceed the Retirees Medical 15

Benefits Pool, the amount of coverage per retiree will be pro-rated in order 16

to remain within the pool. 17

3. The Retirees Medical Benefit would continue until the retiree attains the 18

age of 65 years. The original $10,735 (’97-’98 contribution) shall be 19

increased each year of its existence by the negotiated salary increase for 20

that year, if any, in order to fund the ongoing medical benefits. (In the 21

2001-02 school year the contribution is $16,400.) 22

4. By April 1, teamsters Local 911 shall inform the District which employees 23

have chosen to retire and the effective date of their retirement. 24

64

5. The Retirees Medical Benefits program shall be at no additional cost to the 1

District. 2

6. Current eligible retirees participating in the Retiree’s Medical Benefits Pool will 3

receive no more than the benefits spelled out in section F #2 effective January 1, 4

2012 and beyond. 5

ARTICLE XV 6 7

CONSULTATION 8 9 The parties hereto agree to utilize the consultation procedures set forth below whenever 10

the District proposes to change a provision of existing District written classified personnel 11

policies or to establish a new job classification within the bargaining unit or to effect a salary 12

reclassification for any unit member: 13

14

A. Prior to the submission of any proposed policy change, new job classification or salary 15

reclassification to the Board, the District shall notify the Union of the proposal and the 16

date of its anticipated submission to the Board. 17

B. Thereafter, prior to any final Board action implementing or rejecting the proposal, the 18

Union shall, upon request, be afforded a reasonable period not less than two (2) calendar 19

weeks in length to submit its comments or suggestions to the Board. 20

C. Members of the bargaining unit are encouraged to present to the Superintendent 21

information that would be helpful to such a reclassification study. 22

D. Any grievance arising under this Article shall be limited to a claim that the District has 23

failed to follow the procedure set forth above. 24

65

ARTICLE XVI 1

LAYOFF AND RECALL PROCEDURES 2

3 The parties agree that the layoff and recall procedures in California Education Code 4

Sections 45114, 45117, 45298, 45307, 45308 and other applicable sections shall be followed. 5

This Article shall not be subject to the provisions of Article V, Grievance Procedures. 6

1. Seniority shall be based on date of hire with the exception that less than twenty 7

(20) hour bargaining unit members shall not displace twenty 8

(20) or more hour bargaining unit members. 9

2. If a bargaining unit member with 20 or more hours returns during the 39 month 10

period to a less than 20 hour position, the bargaining unit member shall have the 11

right, based on seniority, to return to a 20 or more hour position that became 12

available during the 39 months. 13

3. A bargaining unit member with less than 20 hours who is laid off shall have rights 14

to a position with less than 20 hours during the 39 month re-employment period. 15

4. If two or more bargaining unit members have been laid off (one or more with 20 16

or more hours and one or more with less than 20 hours), the most senior employee 17

shall have a right to a less than 20 hour vacancy. 18

ARTICLE XVII 19 20

NONDISCRIMINATION 21 22 Pursuant to applicable Federal and State laws the District and Union agree not to 23

discriminate against any employee based upon race, color, creed, national origin, religion, sex, 24

age, physical handicap, marital status, political affiliations or union activities. The provisions of 25

this Article shall not be subject to the arbitration provisions of Article V (Grievance Procedures). 26

66

ARTICLE XVIII 1

EVALUATION PROCEDURES 2

A. Schedule: Employees shall be evaluated in accordance with the following schedule: 3

1. Probationary employees shall be given performance evaluations no less than twice 4

during their probationary period. The probationary period shall be 130 days 5

worked. 6

2. Permanent employees shall be given a performance evaluation at least once every 7

year. Each employee working an eleven or twelve month year shall be evaluated 8

within the thirty (30) days prior to the anniversary date each year. Each employee 9

working a ten month year shall be evaluated within the three (3) month period 10

prior to June 1st each year. 11

3. Both permanent and probationary employees may be subject to interim 12

evaluations if management determines such evaluations are necessary to monitor 13

the improvement of any performance deficiency. 14

B. Procedure to be followed: Performance evaluation reports including annual evaluations, 15

and any interim evaluations, shall be made on forms prescribed by the District. 16

1. Evaluations shall be based on observations or knowledge and in accord with the 17

facts and not upon unsubstantiated or undocumented charges or rumors. In 18

addition, no evaluations shall be based upon derogatory materials in the 19

employee's personnel file unless the employee has previously been given 20

sufficient prior notice of same, an opportunity to review and comment upon it, 21

and had such comments attached to the materials. 22

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2. The evaluator (generally the immediate supervisor) shall discuss the written 1

performance evaluation report with the employee and provide a copy of the 2

Performance Report to the employee. The signature of the employee means only 3

that the employee has received a copy of the evaluation. The employee may 4

attach any written comments to the evaluation at his/her option at the time of the 5

conference or no later than ten(10) working days from receipt of the Performance 6

Report. In the event the employee notifies the evaluator that he/she wishes to 7

attach a written response, the evaluator will hold the Performance Report for a 8

period not to exceed ten (10) working days, then submit the original Performance 9

Report and any written response to Personnel. 10

C. Appeal: If the employee disagrees with the evaluation, he/she shall have the right to 11

appeal the evaluation in writing to the Superintendent or designee within ten (10) 12

working days of receipt of the evaluation by the Director of Personnel. The written 13

decision of the Superintendent or designee will be attached to the evaluation and shall be 14

final. Such decision will be made within ten (10) working days after receipt of the 15

appeal. The employee may be represented in this appeal by the Union, if he/she so 16

desires. 17

D. Formal grievances concerning evaluations filed under Article V (Grievance Procedure) 18

shall be limited to a claim that the procedure of this Article has not been followed. 19

E. Files: An employee shall be provided a copy of all adverse materials prior to or at the 20

time they are placed in his/her personnel file. 21

22

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The employee shall have the right to sign or initial any such adverse materials and 1

prepare a written response which shall be attached to the material. Upon reasonable prior 2

notice, an employee shall have the right to inspect his/her personnel file during the 3

District's normal office hours without loss of pay. The employee's Union representative 4

shall have the right, with the written consent of the employee, to inspect his/her personnel 5

file. An employee shall be entitled to a copy of any document the employee is requested 6

to sign. 7

F. Prior to taking disciplinary action (suspension, demotion, or dismissal) against an 8

employee, the immediate supervisor shall advise the employee that disciplinary action 9

may be taken and schedule a meeting to discuss the matter. The employee shall, upon 10

request, be entitled to be accompanied at this meeting by a Union representative or other 11

person of the employee's choice. Non-availability of the employee or representative for 12

more than a reasonable time shall not delay appropriate action, if any. This right shall not 13

extend to routine conferences or any other meetings or to any conference conducted 14

under the Evaluation Procedures of this Article. Claimed violations of this Section shall 15

be presented through appropriate disciplinary appeals. 16

G. Prior to Disciplinary Action being initiated by the District an investigation of the 17

allegation(s) against an employee shall be conducted by the Superintendent or his/her 18

designee, such investigation shall include a meeting with the employee at which time the 19

employee will be informed of the specific charges and given an opportunity to provide a 20

statement, either orally or in writing, in his/her defense. 21

H. Disciplinary action will be conducted in accordance with Administrative Regulation 22

4235. 23

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ARTICLE XIX 1

REOPENER NEGOTIATIONS 2

3

For 2012-2013 school year the parties may each reopen two (2) articles in addition to 4

salaries and health and welfare benefits which shall be automatic reopeners. 5

6

ARTICLE XX 7

DURATION - RENEGOTIATION 8

9

This Agreement shall be effective beginning July 1, 2012 and ending June 30, 2013. 10

11

12 13

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APPENDIX A 1 2

SAN GABRIEL UNIFIED SCHOOL DISTRICT 3 SAN GABRIEL, CALIFORNIA 4

5 CLASSIFIED CLASSIFICATIONS AND RATE RANGES 6

7

CLASSIFICATION RATE RANGE 8 9 Associated Student Body (ASB) Bookkeeper ....................................................................... 28 10 Athletic Field Maintenance Worker ....................................................................................... 31 11 Campus Supervisor ................................................................................................................ 25 12 Campus Security .................................................................................................................... 28 13 Career Center Technician ...................................................................................................... 36 14 Clerk Typist I ......................................................................................................................... 26 15 Clerk Typist II ........................................................................................................................ 28 16 Clerk Typist III ...................................................................................................................... 30 17 Computer Tech Support I....................................................................................................... 35 18 Custodian ............................................................................................................................... 30 19 Delivery Driver/Warehouse - Food Services ......................................................................... 33 20 District Assessment Center Technician …………………………………………………….30 21 Food Service Account Secretary ............................................................................................ 36 22 Food Service Account Clerk I................................................................................................ 31 23 Food Service Assistant I ........................................................................................................ 18 24 Food Service Assistant II ....................................................................................................... 20 25 Food Service Assistant III ...................................................................................................... 22 26 Food Service Delivery Driver ................................................................................................ 27 27 Grounds/Utility Worker ......................................................................................................... 32 28 Head Custodian I.................................................................................................................... 33 29 Head Custodian II .................................................................................................................. 37 30 Head Custodian III ................................................................................................................. 39 31 Health Aide ............................................................................................................................ 28 32 High School Accounting Secretary………………………………………………………… .36 33 Instructional Aide - Classroom ......................................................................................... 27-29 34 Instructional Aide - Special Education ............................................................................. 27-29 35 Instructional Aide - One-on-One ...................................................................................... 27-29 36 Instructional Aide 1-1 – American Sign ................................................................................ 30 37 Lead Food Service Worker II ................................................................................................ 31 38 Lead Grounds/Utility Worker ................................................................................................ 36 39 Lead Microcomputer Network Technician ............................................................................ 44 40 Library Media Aide ................................................................................................................ 28 41 Library Technician ................................................................................................................. 30 42 Microcomputer Network Tech ............................................................................................... 41 43 Middle School Site Support Technician……………………………………………………..33 44 Multi-Skilled Maintenance Worker III .................................................................................. 41 45 Purchasing Clerk .................................................................................................................... 34 46

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HS Registrar/Secretary ........................................................................................................... 35 1 School Community Liaison .................................................................................................. 27 2 Secretary I .............................................................................................................................. 34 3 Secretary II ............................................................................................................................. 36 4 Shipping/Receiving Clerk/Delivery Driver………………………………………………….35 5 Site Support Technician ......................................................................................................... 31 6 Student Information Database Specialist .............................................................................. 44 7 Student Information Database Specialist Assistant ............................................................... 35 8 Student Program Technician .................................................................................................. 35 9 Switchboard Operator/Receptionist ....................................................................................... 28 10

11

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SAN GABRIEL UNIFIED SCHOOL DISTRICT 1 TEAMSTERS LOCAL 911 2

3 APPENDIX C 4

5 INSTRUCTIONAL AIDE CAREER LADDER 6

Effective November 2007 7 8 9 Level I- Salary Schedule Range 27 10 11

Acquire a total of thirty (30) academic semester units from an accredited college or 12 university and/or successful completion of a No Child Left Behind (NCLB) compliant 13 assessment. 14

15 Level II - Salary Schedule 29 16 17 Same requirements as for level I 18 19

Acquire a total of sixty (60) academic semester units from an accredited college or 20 university. 21

22 NOTE: Placement on levels I and II must meet the District experience criteria plus validation 23 of academic semester units from an accredited college or university by official transcripts. 24 Transcripts shall be kept in the personnel file. 25 26 Reclassification to level III shall follow the same pattern established for teachers. Proof of the 27 college semester units by transcript made to the personnel office on or before the fifteenth (15th) 28 of the month shall entitle placement for salary earnings effective the first of the next month. 29 Transcripts submitted after the 15th of the month shall effect range change effective the first day 30 of the second following month. 31 32 Placement on the new range shall be consistent with the Classified Agreement, and shall be 33 closest in amount to his/her previous rate but not less than five (5%) percent greater than his/her 34 previous rate. 35 36

37

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SAN GABRIEL UNIFIED SCHOOL DISTRICT 1 TEAMSTERS LOCAL 911 2

3 APPENDIX D 4

5 6

INSTRUCTIONAL AIDES, ONE-ON-ONE 7 8

Effective July 1, 2004 9 10 11 12 1. All instructional aide, one-on-one positions shall be set at a maximum of five and a 13

half hours (5.5) daily for purposes of establishing a regular assignment. 14 15 2. Prior to the start of each school year, the Director of Pupil Personnel shall review the 16

Individual Education Plans (IEP) for all special education students to determine the 17 number of One-on-One positions and hours needed pursuant to the students’ IEPs. 18 Seniority shall be considered first prior to assigning employees to positions greater 19 than 5.5 hours. 20

21 3. Hours may be added to the position during the school year with mutual agreement of 22

the employee and the District. These added hours shall be discontinued no later than 23 the end of the school year. 24

25 4. Hours added shall be utilized to establish vacation, sick leave, health and welfare benefits 26 during the time period the employee works the additional hours 27