Between HEMET UNIFIED SCHOOL DISTRICT And … N CLASSIFIED LATERAL TRANSFER REQUEST ..... 83 INDEX ..... 84 Hemet Unified School District & Hemet Chapter 104, California School Employees

Between HEMET UNIFIED

SCHOOL DISTRICT

And

HEMET CHAPTER 104 An Affiliate of the

CALIFORNIA SCHOOL EMPLOYEES’ ASSOCIATION

July 1, 2013 through June 30, 2016

Hemet Unified School District & Hemet Chapter 104, California School Employees Association – CSEA Collective Bargaining Agreement

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Hemet Unified School District

And

California School Employees’ Association

Tentative Agreement

This tentative agreement is entered into between the Hemet Unified School District and the

California School Employees’ Association.

A tentative agreement has been reached on a three-year contract from July 1, 2013 to June 30,

2016.

This agreement shall constitute the entire agreement of the parties and may only be modified

or amended in writing, signed by both parties

___________________________________ ________________________

Hemet Unified School District Date

___________________________________ ________________________

California School Employees’ Association Date


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TABLE OF CONTENTS ARTICLE 1 PARTIES, DATES AND TERMS ............................................................................. 1

ARTICLE 2 RECOGNITION .................................................................................................... 1

ARTICLE 3 DISTRICT RIGHTS ................................................................................................ 3

ARTICLE 4 ASSOCIATION RIGHTS ........................................................................................ 4

ARTICLE 5 ORGANIZATIONAL SECURITY ............................................................................. 5

ARTICLE 6 GRIEVANCES ...................................................................................................... 8

ARTICLE 7 HOURS OF EMPLOYMENT ................................................................................. 12

ARTICLE 8 HEALTH AND WELFARE BENEFITS ..................................................................... 17

ARTICLE 9 SALARIES ............................................................................................................ 20

ARTICLE 10 TRANSFERS AND PROMOTIONS ........................................................................ 23

ARTICLE 11 LEAVES ............................................................................................................... 27

ARTICLE 12 SAFETY CONDITIONS ......................................................................................... 35

ARTICLE 13 EMPLOYEE EVALUATION PROCEDURES ............................................................ 35

ARTICLE 14 TRANSPORTATION ............................................................................................. 37

ARTICLE 15 VACATIONS AND HOLIDAYS .............................................................................. 42

ARTICLE 16 CONCERTED ACTIVITIES ..................................................................................... 45

ARTICLE 17 WORKING OUT OF CLASSIFICATION/RECLASSIFICATION PROCEDURE ............. 46

ARTICLE 18 DISCLIPLINE ........................................................................................................ 50

ARTICLE 19 LAYOFF AND REEMPLOYMENT RIGHTS ............................................................. 53

ARTICLE 20 EXTRA ASSIGNMENTS DURING DISTRICT RECESSES .......................................... 58

ARTICLE 21 PERSONNEL FILES .............................................................................................. 59

ARTICLE 22 NON-DESCRIMINATION ..................................................................................... 61

ARTICLE 23 PUBLIC CHARGES ............................................................................................... 61

ARTICLE 24 SAVINGS ............................................................................................................. 63

ARTICLE 25 EFFECT OF AGREEMENT; ENTIRE AGREEMENT ................................................. 64

ARTICLE 26 SUPPORT OF AGREEMENT ................................................................................. 64

ARTICLE 27 COMPLETION OF MEET AND NEGOTIATION ..................................................... 65

APPENDIX A CLASSIFIED JOB CLASSIFICATIONS AND SALARY RANGES ................................. 66

APPENDIX B GRIEVANCE FORM – LEVEL II ............................................................................. 68

APPENDIX C GRIEVANCE FORM – LEVEL III ............................................................................ 69

APPENDIX D CLASSIFIED SALARY SCHEDULE W/DISTRICT PAID PERS .................................... 70

APPENDIX E CLASSIFIED SALARY SCHEDULE W/OUT DISTRICT PAID PERS ............................ 71

APPENDIX F CLASSIFIED SALARY SCHEDULE – PRESCHOOL TEACHERS ................................. 72

APPENDIX G CLASSIFIED EMPLOYEE LEAVE REQUEST ........................................................... 73

APPENDIX H CLASSIFIED SCHOOL EMPLOYEES’ ASSOCIATION LEAVE REQUEST ................... 74

APPENDIX I YOUR RIGHTS UNDER FMLA .............................................................................. 75

APPENDIX J CLASSIFIED EMPLOYEE JOB PERFORMANCE REVIEW ........................................ 76

APPENDIX K-1 POSITION RECLASSIFICATION REQUEST ............................................................ 78

APPENDIX K-2 POSITION RECLASSIFICATION APPEAL REQUEST ............................................... 79


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APPENDIX L REQUEST FOR APPROVAL OR VERIFICATION OF COMPLETION

COURSE WORK/STAFF DEVELOPMENT ACTIVITY .............................................. 80

APPENDIX M HEALTH AND WELFARE BENEFITS ..................................................................... 82

APPENDIX N CLASSIFIED LATERAL TRANSFER REQUEST ........................................................ 83

INDEX ........................................................................................................................... 84


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ARTICLE 1: PARTIES, DATES AND TERMS 1.1 This is a bilateral and binding Agreement (“Agreement”) by and between the Hemet Unified

School District (“District”) and the Hemet Chapter 104, an affiliate of the California School

Employees Association ("Association"), an employee organization. This Agreement is entered

into pursuant to Sections 3540-3549 of the California Government Code.

1.2 This Agreement is entered into this 8th day of April, 2014. All portions of this Agreement shall

remain in full force and effect through June 30, 2016, and thereafter shall continue in effect on a

yearly basis unless one of the parties notifies the other in writing no later than May 1 of its request

to modify, amend or terminate this Agreement. In the event that such notice is given for 2016 and

no new Agreement has been reached by July 1, 2016, this Agreement shall remain in effect

pending resolution of negotiations, completion of impasse procedures or other lawful basis for

termination of or modification of this Agreement by either party.

1.3 During the term of this three-year Agreement, negotiations shall be reopened annually on salaries

and fringe benefits from ratification through June 30, 2016. Moreover, both parties agree to

negotiate revisions or modifications to any article in the Collective Bargaining Agreement during

the term of this agreement.

ARTICLE 2: RECOGNITION 2.1 Pursuant to the requirements of Government Code Section 3544.1, the District recognizes the

Association as the exclusive representative for the unit of employees consisting of all employees

in the job classifications listed in Appendix A, attached hereto.

2.2 This recognition EXCLUDES substitute classified employees, short-term classified employees,

and employees included in the management, confidential and supervisory units and includes only

regular part time and full time classified employees.


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2.2.1 All newly created positions or classes of positions, unless specifically exempted by

law, shall be assigned to the bargaining unit if the job description’s described duties

are performed by employees in the bargaining unit or which, by the nature of the

duties, should reasonably be assigned to the bargaining unit.

2.2.2 Upon written request, the District agrees to meet with the Association and attempt to

resolve any dispute over the designation of a new position as management,

supervisory, or confidential. If agreement cannot be reached within a reasonable

time, the disputed case shall be submitted to the Public Employment Relations Board

(PERB) for resolution.

2.3 Use of Substitute Employees: Substitute employees shall be used only to replace bargaining

unit employees who are absent from work or to fill positions for a reasonable period of time after a

bargaining unit position has been vacated and a regular replacement has not yet been hired. It is

understood that a substitute employee shall not be offered overtime.

2.4 As it relates to substitute employees hired to fill vacant positions, a reasonable period of time is

defined to be no longer than sixty (60) calendar days, unless both the District and the Association

mutually agree to extend that time period.

2.5 Short-term Employees: shall not be covered by the terms of this agreement. A “short-term

employee” means any person who is employed to perform a service for the District upon

completion of which the service required or similar services will not be extended or needed on a

continuing basis pursuant to Education Code 45103. The District shall notify the President of the

Association of any short-term assignments.


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2.6 Any dispute regarding the failure to use bargaining unit members to provide services to the

District normally, routinely or customarily performed by bargaining unit employees shall be

grievable by CSEA.

ARTICLE 3: DISTRICT RIGHTS 3.1 It is agreed that the District retains all its powers of direction, management, and control to the full

extent of the law, except to the extent expressly abridged by a specific provision of this

Agreement. Included in these powers are the exclusive rights to: (a) determine its organization;

(b) direct the work of its employees; (c) determine the hours of District operations; (d) determine

the kinds and levels of services to be provided, as well as the methods and means of providing

them; (e) establish its educational policies, goals and objectives; (f) insure the rights and

educational opportunities of students; (g) determine staffing patterns; (h) determine the number

and kinds of personnel required; (i) maintain the efficiency of District operations; (j) determine

District curriculum; (k) design, build, move or modify facilities; (l) establish budget procedures and

determine budgetary allocation; (m) determine the methods of raising revenue; (n) contract out

work (unless contrary to law); or (o) take action on any matter in the event of an emergency. In

addition, the District Board retains the right to hire, classify, assign, evaluate, promote, demote,

terminate and discipline employees, provided such rights are not in conflict with other provisions

of this Agreement. This recital in no way limits other District powers as granted by law.

3.2 The District retains its right to amend, modify or rescind policies and practices referred to in this

Agreement as required in cases of emergency. An emergency is a sudden, urgent, unforeseen

occurrence or occasion requiring immediate action.

3.3 Contracting Out: During the term of this Agreement, the District agrees that it will not contract

out work which has been customarily and routinely performed by employees in the bargaining

unit, unless such contracting is in accordance with Education Code 45103.1 and the District has

consulted with the Association.


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3.3.1 In the event of repeal of Education Code 45103.1, CSEA and the District will meet to

negotiate the effects of the repeal.

ARTICLE 4: ASSOCIATION RIGHTS 4.1 The Association and its members shall have the right to make use of school equipment, buildings

and facilities subject to reasonable regulation by the District.

4.2 The Association shall have the right to post notices of activities on Association bulletin boards, at

least one of which shall be provided in each building in an area frequented by bargaining unit

members covered by this Agreement. The Association may use the District mail service and

mailboxes for communications to bargaining unit members.

4.3 Authorized representatives of the Association shall be permitted to transact official Association

business on school property after notifying the principal, supervisor or designee, so long as said

activity does not interfere with the education process of students or the work schedule of

employees.

4.4 By December 1 of each school year, CSEA shall be provided with a seniority roster in Excel

format with sorting and filtering capabilities that includes length of service by hire date in all

classifications of each bargaining unit member as of June 30 of the preceding school year. If

additional seniority lists are compiled at any time, CSEA shall be provided a copy of said seniority

lists upon request.

4.5 The Superintendent or designee will meet on a monthly basis with the elected officers of the

Association. Consultation between the parties shall occur prior to any changes being made with

respect to procedures for bargaining unit member complaints on matters not subject to the

grievance provisions of this Agreement.


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4.6 Neither party shall discriminate against a bargaining unit member for exercising any rights or

benefits provided in this Agreement or for lawful activities on behalf of the Association.

4.7 The District shall prepare and distribute copies of this Agreement and addendums to each current

bargaining unit member and new employee.

4.7.1. Upon initial employment, the District shall afford one association officer or designee the right to

conduct a maximum fifteen (15) minute orientation, which will constitute their fifteen (15) minute break,

during New Employee Orientation. This orientation period shall be provided within the first ten (10) days

of the employee’s initial employment.

4.8 The CSEA Chapter President will receive one (1) copy of the Governing Board Agenda prior to

each Governing Board Meeting. The District shall also provide CSEA with three (3) District

directories each year.

4.9 The District shall, without charge, give to the designated Association Treasurer a CSEA

Bargaining Unit Member “Information Form” on all new-hires within the bargaining unit each time

there is a Board report and paperwork is done for Payroll. Said forms will include the name,

employee number, classification, site assigned, date of hire, hours per day, and work year.

ARTICLE 5: ORGANIZATIONAL SECURITY

5.1 Employee Rights/Membership:

5.1.1 It is the mutual intention of the parties that the provisions of this Article protect the

rights of individual employees without restricting CSEA's right to require every

bargaining unit member, except those exempt from these provisions, to pay a fair

share of the cost of collective bargaining activities.


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5.1.2 Except as expressly exempted herein, all employees in the bargaining unit who do

not maintain membership in good standing in CSEA are required, as a condition of

continued employment, to pay service fees to CSEA in amounts that do not exceed

the periodic dues of CSEA for the duration of this Agreement.

5.1.3 New bargaining unit members shall be obligated to pay dues or non-response fees to

CSEA on the member’s first pay period following the date of hire.

5.1.4 Any employee who is a member of a religious body whose traditional tenets or

teachings include objections to joining or paying non-response fees to employee

organizations shall not be required to join, maintain membership in or pay non-

response fees to CSEA as a condition of employment. However, such employee

shall be required, in lieu of a non-response fee required by this Agreement, to pay

sums equal to such non-response fee to one of the following nonreligious, non-labor

charitable funds exempt from taxation under Section 501 (c) (3) of Title 26 of the

Internal Revenue Code:

a) Any qualified scholarship organization approved by the District

b) Central County United Way

c) Valley Wide Outreach

An employee claiming an exemption from the non-service fee requirement,

hereunder, shall provide a statement to CSEA setting forth the reasons upon which

the exemption is based.

5.1.5 Any employee claiming this religious exemption shall, as a condition of continued

exemption from the requirement of paying a non-response fee to CSEA, furnish

CSEA with copies of receipts from the charity selected, as proof that such payments

have been made or shall authorize payroll deduction of such payments.

5.1.6 CSEA agrees to provide notice to all non-response fee payers of their legal rights and

obligations as required by applicable law.


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5.2 Dues and Non-Response Fee Deductions:

5.2.1 CSEA has the sole and exclusive right to have employee organization membership

dues and non-response fees deducted by the employer for employees in the

bargaining unit.

5.2.2 The employer shall deduct, in accordance with the CSEA dues and non-response fee

schedule, dues, non-response fees or payments to charity in lieu of non-response

fees from the wages of all employees who are members of the bargaining unit and

who have submitted payroll deduction authorization forms to the District. Such

authorizations shall remain in effect until expressly revoked in writing by the

employee. In the event that an employee shall not pay such fee directly to the

Association, or authorized payment through payroll deduction as provided in this

section, CSEA shall so inform the District and the District shall immediately begin

automatic payroll deduction as provided in Education Code Section 45168 and in the

same manner as set forth in this section.

5.2.3 The employer shall, without charge, pay to CSEA within thirty (30) days of the

deduction all sums so deducted, except that the employer shall pay to the designated

charity sums deducted in lieu of non-response fees from the wages of employees

who qualify for the religious exemption pursuant to this Agreement.

5.2.4 Along with each monthly payment to CSEA, the employer shall, without charge,

furnish CSEA with an alphabetical list of all employees in the bargaining unit, identify

them by name and indicate the amount deducted, if any, and whether each deduction

is for dues, non-response fees or charitable contributions. The list shall designate

those individuals paying Association dues and those individuals paying a non-

response fee.

5.2.5 Nothing contained herein shall prohibit an employee from paying non-response

service fees directly to CSEA.


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5.2.6 The employer shall, within five (5) working days, notify the CSEA chapter treasurer if

any member of the bargaining unit revokes a dues, non-response fee or payment in

lieu of non-response fee deduction authorization.

5.2.7 CSEA shall indemnify and reimburse the District for attorney's fees, all costs,

expenses, fees, and judgments incurred by the District and, further, shall fully

indemnify the District against any and all lawsuits or other legal proceedings which

may be brought against the Board or District personnel challenging the legality or

constitutionality of the organizational security provisions of this Agreement or their

implementation or administration.

5.2.8 Disputes involving this Article shall be settled between the Association and the

employee and shall not be subject to the grievance procedure. However, the

Association may file a grievance if the District does not comply with its obligations to

the Association under this Article.

5.2.9 Effective September 1, 2004, the CSEA per capita dues are assessed at the rate of

1.5 percent of earnings on the first $2,450.00 in any given month, exclusive of

overtime, up to the maximum of $36.75 in any given month. The dues year runs from

September through August, with a maximum yearly total of $367.50 (not including

local chapter dues).

5.2.10 Dues rates shall be applied according to the member's monthly salary, based on

earnings as of September 1, and including professional growth and anniversary

increments.

5.2.11 Chapter dues are assessed in addition to the above rate and are in the amount of

$1.30 per month.

ARTICLE 6: GRIEVANCES

6.1 Definition: A "grievance" is an allegation by an affected bargaining unit member or CSEA

asserting a violation of a provision of this Agreement.


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6.1.1 A "day" is any day on which the District Administrative Office is open for regular

business.

6.1.2 Appropriate grievance forms are in Appendixes B and C, attached hereto.

6.2 Purpose and Scope: The purpose of this procedure is to secure, at the lowest possible

administrative level, equitable answers to questions arising out of the interpretation of this

Agreement.

6.2.1 Nothing herein limits the right of an employee having a grievance to discuss the

matter informally with an appropriate member of the District administration and to

have the grievance adjusted without intervention or representation by the

Association, provided that such adjustment is consistent with the terms of this

Agreement. It is the intention of the parties to encourage an informal and confidential

atmosphere in the resolution of grievances.

6.2.2 Any change in grievance forms will be developed jointly by the District and the

Association.

6.3 Time Limits For Grievance: Since it is important that a grievance be resolved as rapidly as

possible, the time limits specified in this Article shall be considered maximums. Failure of the

grievant to act within these time limits bars further appeal. Failure of the District to give a

decision within these time limits permits the grievant to proceed to the next step. Where the

District fails to provide a written response within the time limits set forth below, the succeeding

time limit shall commence as of the last day on which the District could have provided a timely

response. The time limits herein may be extended by mutual written agreement.

6.4 Representation During Grievance: An employee with a grievance may represent himself or

herself at all stages of this grievance procedure or, at the employee's sole option, may choose to

be represented by the Association. If the grievant is not represented by the Association, the


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District will give the Association notification of the proposed resolution. Any response thereto

must be made by the Association within ten (10) days of receipt of such notification.

6.5 Release Time For Grievance: Hearings and conferences under this procedure shall be

conducted at a time and place which will afford an opportunity for all persons entitled to be

present to attend and will be held, insofar as possible, during the time the District Office is open

for business. All employees whose presence is required shall be released, without loss of pay,

for those hours they are required to attend. This provision shall apply only to the grievant and to

the grievant's representative, if that representative is an employee. In addition, witnesses whose

presence is necessary shall be scheduled at the discretion of the District. Only one

representative per grievance will be released by the District without loss of pay.

6.6 Level I: Prior to the filing of a written grievance, an employee, or when appropriate, CSEA, shall

attempt to resolve the matter by meeting with the immediate supervisor.

6.7 Level II: If the grievance is not satisfactorily resolved at Level I, a written grievance must be

delivered to the employee's immediate supervisor within twenty (20) days of the purported

incident. The written grievance shall be set forth in a clear, concise manner and shall deal with

the specifics of the purported violation of this Agreement, including the factual circumstances

surrounding the purported violation. The written grievance shall set forth the previous decision, if

any, by the immediate supervisor or appropriate administrator at Level I.

6.7.1 Within ten (10) days after receipt of the grievance, the grievant and the supervisor

shall meet to discuss the grievance and attempt to arrive at a mutually satisfactory

solution and the supervisor shall, within ten (10) days of this meeting, respond in

writing to the grievant with a copy to be delivered to the Association President.


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6.7.2 If a grievance involves District-wide policy, practice, interpretation of this Agreement

or employees with different supervisors, the grievance may be filed at Level III.

6.8 Level III: An employee not satisfied with the Level II decision may, within ten (10) days after

receipt of the written response, submit a written appeal to the Superintendent or designee.

6.8.1 The written statement of appeal shall contain a clear, concise statement of the

reasons for appeal to the Superintendent or designee, a copy of the original

grievance and a copy of the Level II decision.

6.8.2 Within ten (10) days after receipt of the grievance, the grievant and the

Superintendent or designee shall meet to discuss the grievance and attempt to arrive

at a mutually satisfactory solution. Within ten (10) days after this meeting, the

Superintendent or designee shall respond in writing to the grievant with a copy to the

Association President.

6.8.3 Notice of Resolution: Prior to the resolution of any grievance at Level III, CSEA

shall receive a copy of the grievance and the proposed resolution and shall be given

the opportunity to file a response.

6.9 Level IV: If the Association is not satisfied with the written decision rendered at Level III, the

Association may, within ten (10) working days following receipt of the Level III decision, appeal to

Level IV by requesting that the grievance be submitted to impartial, advisory arbitration. All such

requests will be honored by the District. If the parties are unable to agree on an arbitrator, the

District, within ten (10) working days after any appeal to Level IV, shall request the California

State Mediation and Conciliation Service to provide a list of seven (7) arbitrators from which the

District agent and the Association shall strike alternately until only one (1) name remains. The

remaining name shall be the Arbitrator.


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6.9.1 All arbitration hearings shall be held within the boundaries of the District. Each party

to the arbitration proceeding shall be responsible for compensating its own

representatives and witnesses. The cost of the Arbitrator's services shall be shared

equally between the parties. The Arbitrator, in rendering his opinion, shall not

amend, modify, nullify, ignore, nor add to the provisions of this Agreement. His

authority shall be limited to deciding only the issue or issues presented to him in

writing by the District and the grievant or his representative, and the Arbitrator's

decision must be based upon his interpretation of the meaning or application of the

language of this Agreement.

6.10 Level V: If either party is dissatisfied with the decision of the Arbitrator, that party may make a

written appeal to the Board of Education within five (5) working days following receipt of the

Arbitrator's finding. A copy of the appeal must also be sent to all parties in interest. The decision

of the Board of Education shall be final except that if the Board of Education does not take action

within thirty (30) workdays following the day the appeal was received, the decision of the

Arbitrator shall stand as the decision of the Board of Education.

6.11 No adverse employment action of any kind will be taken by the District or the Association against

any grievant or other employee in the grievance procedure, by virtue of the individual’s

participation or non-participation.

ARTICLE 7: HOURS OF EMPLOYMENT

7.1 Workday and Workweek: The workday and workweek for regular, full-time employment shall be

eight (8) hours per day and forty (40) hours per week. The District workweek starts on Monday at

12:01 a.m. Notwithstanding the foregoing, the regular workweek for all bargaining unit members

shall be from Monday through Friday, except as set forth below. The District may employ

persons in bargaining unit positions who work less than eight (8) hours per day and/or forty (40)


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hours per week; such positions shall be deemed part-time positions. The District may, through

authorized administrators, order and authorize a bargaining unit member to perform extra work in

addition to such bargaining unit member's regular minimum assignment. Extra work so ordered

and authorized shall be compensated at the bargaining unit member's regular rate of pay unless

such work results in overtime, as set forth below.

7.1.1 Workweek Assignment. The District may assign a workweek different than Monday

through Friday under the following circumstances: (1) current bargaining unit

members may voluntarily consent to such reassignment; (2) new bargaining unit

members may be so assigned; and (3) current bargaining unit members may be

offered such reassignment in lieu of layoff in accordance with applicable law.

7.1.2 Flexible Time Schedule. Notwithstanding the above, a flexible time schedule (i.e.,

4/10 or 9/80) may be implemented in accordance with the statutory provisions

prescribing such workweeks if agreed to by the District and the Association. The

daily, hourly assignment under a flexible time schedule shall be used for purposes of

determining vacation, holiday and sick leave compensation. Overtime shall be paid

in accordance with Section 7.2.1.

7.2 Compensatory Time. The District will provide either compensation or compensatory time off at

the election of the bargaining unit member at a rate equal to one and one half (1 1/2) times the

regular rate of pay for full-time bargaining unit members designated by the District and authorized

to perform such overtime. Bargaining unit members working less than an eight (8) hour day may

elect their regular rate or compensatory time off (hour for hour for all hours worked up to an eight

(8) hour workday). Overtime is any time required to be worked in excess of eight (8) hours in any

one (1) workday or any time in excess of forty (40) hours in any calendar week. For the purpose

of computing the number of hours worked, time during which the bargaining unit member is

excused from work because of holidays, sick leave, vacation, compensated time off, or other paid

leaves of absence shall be considered as time worked by the bargaining unit member. The


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designation, authorization and allocation of any overtime shall rest solely with the District

management.

7.2.1 Overtime on Flexible Schedule: If a flexible time schedule is established pursuant

to 7.1.1, the overtime rate shall be paid for all hours worked in excess of the required

workday. Work performed on the off scheduled fifth, sixth, and seventh days shall be

compensated for at a rate equal to one and one half (1 1/2) times the regular rate of

pay of the bargaining unit member designated and authorized to perform the work.

7.3 Overtime Extra Duty Distribution

Overtime and extra duty shall be as follows:

A list of all employees in the bargaining unit for each department/site/classification shall be

maintained in seniority order at the beginning of the fiscal year for the purpose of rotating

overtime and extra duty. When the supervisor identifies an overtime or extra duty need in the

department, the supervisor shall offer the overtime or extra duty to the bargaining unit members

on the list in a rotational manner from highest seniority to lowest seniority. The initial assignment

for each fiscal year will be offered to the most senior employee in the

department/site/classification. This list will be maintained and will be made available upon

request. This does not apply to extended day overtime. This article is for the purpose of planned

overtime and extra duty.

7.4 Workweek: Notwithstanding Sections 7.1 and 7.2 of this Article, the workweek for any bargaining

unit member having an average workday of four (4) hours or more during the workweek shall

consist of no more than five (5) consecutive working days. Such a bargaining unit member shall

be compensated for any work required to be performed on the sixth (6th) day following the

commencement of the workweek at a rate equal to one and one half (1 1/2) times the regular rate

of pay of the bargaining unit member designated by the District and authorized to perform the

work.


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7.5 Lunch Break: All bargaining unit members employed more than six (6) hours a day shall be

entitled to a duty-free lunch break of not less than thirty (30) minutes per workday. The

administrator will attempt, given the operational needs, to schedule the lunch at the midpoint of

the shift per Education Code 45180. This time may be extended upon the mutual agreement of

the bargaining unit member and the District. Bargaining unit members required to work during

their lunch break shall be compensated for such work at the applicable rate.

7.6 Callback: Any bargaining unit member called back to work when the bargaining unit member is

not scheduled to work shall receive a minimum of two (2) hours pay at the appropriate rate of pay

under this Agreement. A bargaining unit member may, however, elect compensatory time off in

lieu of pay.

7.7 Rest Breaks: The District will schedule two (2) rest breaks of fifteen (15) minutes each for

bargaining unit members working six (6) or more hours per day and one rest break of fifteen (15)

minutes for bargaining unit members working less than six (6), but at least three and one-half (3

1/2) hours per day. Said rest breaks, insofar as practicable, shall be in the middle of each work

period. Rest breaks are a part of the regular workday and shall be compensated at the regular

rate of pay for the bargaining unit member.

7.8 Reduction in Time: Any reduction in assigned time shall be accomplished in accordance with

Article 19, Layoff and Reemployment Rights.

7.9 Adjustment of Assigned Time: Any employee in the bargaining unit who works a minimum of

thirty (30) minutes or more per day in excess of his/her regular part time assignment for a period

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

upward to reflect the longer hours effective with the next pay period.


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In the event that a bargaining unit member regularly performs work in another District position, in

addition to such bargaining unit member's primary assignment, which must be in the bargaining

unit, whether or not the other position is a part of the bargaining unit, such work shall be used in

computing the unit members' total hours for purposes of determining the level of benefits

provided by this Agreement or by applicable law to classified employees who are bargaining unit

members. Work performed, as a substitute, will not constitute regular work for purposes of this

section, where the job being performed is either regularly assigned to another bargaining unit

member or is in the process of being filled.

7.10 Non-Student Days: Any day granted as a teacher training day, teacher institute, or teacher

parent conference day, by whatever name, for whatever purpose, is a regular workday for all

classified employees that are a part of the bargaining unit. All bargaining unit members whose

work year is related to the student instructional year shall have their work year reduced by one

day effective with the 1993-94 school year.

For the duration of this Agreement, unless Education Code Section 44759 is amended or repealed after

the date of this Agreement, the District may schedule one (1) day of staff development for eligible

classified bargaining unit members, at which attendance will be voluntary. Those bargaining unit

members who attend shall receive $110 for each day of attendance.

7.11 Split Shifts: Any bargaining unit member employed as of the date of this agreement shall not be

assigned to work shifts containing one or more periods of unpaid time exceeding fifteen (15) minutes,

unless mutually agreed to by the employee and supervisor. The exception to the above would be bus

route arrangements in the Transportation Department and situations when the bargaining unit member

applies for a new position and the job announcement indicates there will be unpaid periods of more than

fifteen (15) minutes. This section shall also not apply to situations where a bargaining unit member is

combining positions.


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7.12 Number of Scheduled Work Days: Work days will be posted at all work sites on an annual basis.

7.13 Voluntary Attendance of District Functions or Trainings: Bargaining unit members who voluntarily

attend District functions, such as site council meetings, meetings of the PTA, or any parent advisory

group, budget planning meetings, faculty meetings, or meetings of other groups to which the bargaining

unit member is invited but not required to attend shall not be paid for such attendance. Bargaining unit

members required to attend District functions or trainings shall be compensated at the bargaining unit

member’s appropriate rate of pay. No bargaining unit member can volunteer time in his or her own

classification.

7.14 Additional Assignments: A bargaining unit member may receive an additional assignment if the

combination of positions does not exceed an eight (8) hour day or conflict in hours.

ARTICLE 8: HEALTH AND WELFARE BENEFITS

8.1 The District shall pay a maximum annual contribution for health and welfare benefits of $7,200.00 for

each school year. The District’s maximum contribution for each eligible full-time [seven (7) or more hours

per day] bargaining unit member shall be figured on a ten (10) month basis of $720.00. Effective July 1,

2014, the maximum annual contribution for health and welfare benefits will be $8,700 for each school

year. The District’s maximum contribution for each eligible full time [seven (7) or more hours per day]

bargaining unit member shall be figured on a ten (1) month basis of $870.00. Bargaining unit members

shall pay any premium cost of health and welfare benefits in excess of the District’s monthly and annual

maximum contributions on a tenthly basis through payroll deduction.

For all eligible part-time bargaining unit members, the District’s annual and monthly contribution caps

shall be based on its pro-rata portion of the annual and monthly contribution caps for full-time employees.

All eligible part-time bargaining unit members shall pay their pro-rata portion of the premium up to the


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amount of the annual and monthly caps and shall pay all premium costs in excess of the District’s

monthly contribution cap on a tenthly basis through payroll deduction .

8.1.1 The District and Association have determined the types of health and welfare benefits which

are set forth in Appendix M. A health and welfare committee composed of management,

confidential, and CSEA representatives shall be established for the purpose of looking into

cost containment and plan design. The number of representatives and frequency of

meetings of the committee shall be mutually determined by the District and Association.

8.2 All eligible bargaining unit members may participate in either one of the major medical plans, dental and

vision, the full benefit package, or none at all. All full time bargaining unit members must participate in

one of the major medical plans unless proof of coverage elsewhere is provided. Bargaining unit members

participating in Health and Welfare plans may opt out only during open enrollment.

8.2.1 The District will contribute the following percentage for a bargaining unit member participating

in the super-composite medical plan, which includes prescription drugs for employees

enrolled after July 1, 2006:

8 hours daily 100%

7.0 – 7.99 hours daily 87.50%

6.0 – 6.99 hours daily 75%

5.0 – 5.99 hours daily 62.50%

4.0 – 4.99 hours daily 50%

The District will contribute the following percentage for a bargaining unit member participating

in the super-composite medical plan, which includes prescription drugs for employees

enrolled before July 1, 2006:

5 - 8.0 hours daily 100%




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8.3 Retirement Benefits: This program will assist classified employees who achieve retirement prior to age

sixty-five (65).

8.3.1 Participation shall be on a voluntary basis on the part of the District and the employee.

8.3.2 To be eligible to participate in this program an employee must:

1. Have attained the maximum fifth (5th) step of any salary classification; and

2. Be under age sixty-five (65) and at least fifty-five (55) years of age at the time of

retirement and have at least ten (10) years of service with the District; or

3. Be under age sixty-five (65) and least fifty (50) years of age at the time of retirement and

have at least fifteen (15) years of service with the District; and

4. Submit a letter of resignation to the District.

8.3.3 The District will contribute up to $3,500 per year per participant toward health insurance

benefits for a maximum period of ten (10) years or until the participant reaches age sixty-five

(65), whichever comes first. Retirement benefits for classified participants enrolled after July

1, 2006, will be prorated for less than full-time employees based on the following

percentages:

8 hours daily 100%

7.0 – 7.99 hours daily 87.50%

6.0 – 6.99 hours daily 75%

5.0 – 5.99 hours daily 62.50%

4.0 – 4.99 hours daily 50%

8.3.4 Retirement benefits for classified participants enrolled before July 1, 2006, will be prorated for

less than full-time employees based on the following formula:

5.0 - 8.0 hours - $3,500

4.0 - 4.9 hours - $2,706

2.0 - 3.9 hours - $2,112


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8.3.5 Former employees who no longer participate in this plan may continue the District's health

insurance at their own expense with prior District approval.

8.4 All eligible bargaining unit members of the District who take major medical or the full benefit package shall

be afforded $50,000 in life insurance coverage.

ARTICLE 9: SALARIES

9.1 The salary schedules for bargaining unit members covered by this Agreement are set forth in

Appendixes D , E, & F attached hereto and incorporated herein by this reference. All bargaining unit

members shall be paid on a monthly basis.

9.2 For the purpose of advancement on the salary schedule, the anniversary date for classified bargaining

unit members shall be July 1. A first year bargaining unit member shall advance to the next step of

his/her classification on July 1 of the next school year provided his/her date of hire is prior to January 1 of

the current school year.

9.3 Claims for Damage or Loss to Personal Property of Employees: Claims by bargaining unit members

for damage or loss to personal property of bargaining unit members shall be referred to the office of the

Assistant Superintendent, Business, in accordance with past practices. Any bargaining unit member who

is not in agreement with a decision reached in accordance with the above may appeal such decision

directly to the Board. If the bargaining unit member so desires, he/she may be represented by the

Association with respect to such claims.

9.4 Mileage: Any bargaining unit member covered by this Agreement who is authorized in advance by

management to use his/her vehicle on District business shall be reimbursed pursuant to Board Policy.


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The mileage computation shall include mileage necessary to return to the bargaining unit member's

normal job site after the completion of District business.

9.5 Meals: Any bargaining unit member authorized in advance by management to take meals away from

work in the course of conducting District business shall be reimbursed pursuant to Board Policy. The

bargaining unit member shall present a receipt for such meals.

9.6 Lodging: Any bargaining unit member who is authorized in advance by management and as a result of a

work assignment must be lodged away from home overnight shall be reimbursed pursuant to Board

Policy. The bargaining unit member shall present a receipt for such lodging. The District shall provide

advance funds to the bargaining unit member for such lodging per Board Policy.

9.7 Shift Differential: Bargaining unit members receive one additional range for second shift differential

when the majority of their shift occurs between 5:00 p.m. and midnight. Two additional ranges are given

for night shift differential when the majority of the shift occurs between midnight and 7:00 a.m.

9.8 Uniform Allowance: The District shall provide uniforms and upkeep in positions where the District

requires such uniforms. If a uniform is provided the bargaining unit member shall wear it during all duty

hours.

9.8.1 Steel Toe Footwear Allowance: Bargaining unit members who during the course of their job are

required to wear steel toe footwear shall be entitled to reimbursement for up to $200 annually. The

bargaining unit member shall submit their receipt for reimbursement within 45 days of purchase.

9.8.2 Slip-Resistant Shoe Allowance: In order to provide a safe environment, bargaining unit members

working in the Nutrition Services Department, whose work requires wearing slip-resistant shoes shall be

entitled to an annual shoe allowance of up to $50 for the purchase of slip-resistant shoes. The bargaining

unit member shall submit a receipt for reimbursement within 45 days of purchase.


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9.9 Longevity Stipends: A longevity stipend shall be paid to all regular bargaining unit employees as set

forth in section 9.9.1 regardless of their full or part time status, and without proration. Further,

“continuous service” for purposes of this stipend, shall apply to employees who have had a break in

service but have been reinstated in accordance with Articles 11.12 and 11.13 and received credit for prior

service and such credited prior service shall be counted in computing years of service for purposes of

longevity pay entitlement.

9.9.1 The longevity stipend will be paid on the last pay period in June. The longevity stipend shall be

paid as follows:

Upon completion of 10 years through 14 years of service $ 500

Upon completion of 15 years through 19 years of service $ 750

Upon completion of 20 years through 24 years of service $1,000

Upon completion of 25 years of service and above $1,250

Payments of longevity stipends shall be added to the employees’ regular pay warrants.

9.9.2 In the event a bargaining unit member separates their employment from the District and has

completed the years of service referenced in Section 9.9.1, based on their hire date, such employee shall

be entitled to 100 percent of the longevity stipend on their final paycheck.

9.10 Favored Nations: The District agrees that if any other employee group receives an across-the-board

increase on the salary schedule or as a bonus during the duration of this Agreement, the classified

bargaining unit shall receive the same percentage increase.

9.11 Recording Compensatory Time: All compensatory time will be turned in on time cards to the District

Office Payroll Department and shall be recorded on the bargaining unit members’ paychecks.

9.12 Bilingual Stipends: A minimum of one bilingual stipend will be allocated to each site or department

where bilingual communication is necessary as determined by the site/department administrator and

where such a person exists. To receive stipend the bargaining unit member must be able to pass the

district’s reading, writing, and speaking test for the non-English language with 75% proficiency in each


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area and work a minimum of six (6) hours per day in a regular assignment. The site administrator will be

responsible for selecting the bargaining unit member.

ARTICLE 10: TRANSFERS AND PROMOTIONS: 10.1 Definitions:

10.1.1 Lateral transfer means a change of the bargaining unit member’s assignment without a

change in hours or classification.

10.1.2 Reassignment means a change of the bargaining unit member’s assignment that results in a

change of the bargaining unit member’s classification, with or without a change in salary

range/step.

10.1.3 Voluntary Transfer means a transfer initiated at the request of a bargaining unit member.

10.1.4 Involuntary Transfer or Reassignment means any transfer or reassignment not sought,

requested or agreed to by the bargaining unit member.

10.1.5 Seniority means date of hire in each classification of an existing bargaining unit member.

10.1.6 Promotion means a change in the bargaining unit member’s assignment that results in

an increase to salary range or hours per day.

10.2 Lateral Transfers: When an existing position becomes vacant or an additional position is authorized in

the same classification with the same number of hours, bargaining unit members shall be given the

opportunity for a lateral transfer, provided that the bargaining unit member has satisfactory evaluations

and positive staff relationships. Bargaining unit members may apply for a lateral transfer by filing a

District Classified Transfer Request Application Form, Appendix N, with Personnel Services for each

vacancy they are interested in when posted. If more than one bargaining unit member applies for a

lateral transfer within a classification and has satisfactory evaluations and positive staff relationships, the

District shall select the bargaining unit member it determines to be the best qualified for the position, as

determined by the factors* listed below, from the top two permanent senior applicants within

classification. If only one bargaining unit member applies for the lateral transfer, the District shall have the


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right to consider outside applicants if the District determines that the bargaining unit applicant does not

meet the factors in this article.

*Factors considered shall include: past job performance, skills, work experience, recommendations, test

results, seniority and positive staff relationships.

10.3. Reassignment: The District shall select the applicant it determines to be the best qualified for the

position. Bargaining unit members who apply for a reassignment and who meet the minimum

qualifications, as determined by test results, where applicable shall be granted an interview. All other

factors* being reasonably equal, the bargaining unit member shall be given preference.

*Factors considered shall include past job performance, skills, work experience, recommendations, test

results, seniority and positive staff relationships.

10.4 Probationary Transfer or Reassignment: A permanent bargaining unit member who is reassigned to a

position in a classification in which he/she has not previously completed a probationary period shall be

considered probationary in that classification for a period of 135 consecutive working days. At any time

during the probationary period, he/she may be returned to his/her former classification, if the position

exists, without right of appeal. If the classification in which the bargaining unit member had previously

served has been abolished, the bargaining unit member may exercise any bumping rights he/she may

have or shall be immediately placed on the thirty-nine (39) month reemployment list. If the classification

from which the bargaining unit member was promoted has been abolished, the bargaining unit member

shall be placed in any appropriate vacancy available or, in the absence of any vacancy, shall bump the

least senior incumbent occupying a position with like hours within such classification. The least senior

bargaining unit member being bumped shall be entitled to exercise any bumping rights he/she may have.

10.5 If a transfer or reassignment is denied, the classified bargaining unit member shall, upon written request,

be provided with explicit reasons for the denial, based upon a comparison matrix used by the District,

within twelve (12) working days of the receipt of the request.


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10.6 New bargaining unit members are eligible for voluntary lateral transfers only after completing their one

year probationary period in their present classification. New bargaining unit members while on probation

shall be eligible to apply for promotion. New bargaining unit members who successfully attain the

promotional position shall have the duration of their probationary period be a minimum of 135 days in the

newly attained position. The probationary period for all new bargaining unit members shall be a minimum

of a one (1) year period.

10.7 Job Posting: All existing vacancies or new positions shall be posted by the District for a minimum of five

(5) working days at all work locations, with Lateral Transfers considered first, prior to being filled. Any

vacancies that are less than one (1) hour shall be posted at the site or district wide at the District’s

discretion. Copies shall be sent to the CSEA President and Vice President by District e-mail.

10.8 Temporary Transfers or Reassignments: A bargaining unit member who is temporarily transferred or

reassigned from his/her regular assignment to a different site shall be paid for the additional mileage, if

any, that such bargaining unit member is required to drive to the temporary assignment if that assignment

is farther from the bargaining unit member’s residence. Such mileage shall be paid for days worked at

the temporary assignment at the regular District mileage rate.

10.9 Transfers and Reassignments - Effects on Seniority after Transfers and Reassignments are as

follows:

10.9.1 Within the same classification - none.

10.9.2 From one classification to another (a reassignment), the bargaining unit member shall not

receive seniority credit in the new classification for service in prior classifications. All prior

classification seniority shall be retained in each classification.

10.9.3 When a classification is abolished as a result of reclassification and personnel are being

reclassified into a new position classification, the Personnel Administrator shall, after

consultation with CSEA President or designee, determine what seniority in the abolished


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classification is credited to the new classification. The affected bargaining unit members shall

be notified.

10.10 Transfers and Reassignments shall not be used as a device to alter the sequence of impending layoff

although bargaining unit members whose positions are to be eliminated may be transferred or reassigned

to other classifications.

10.11 Involuntary Transfer or Reassignment:

10.11.1 An involuntary transfer or reassignment shall not be punitive or disciplinary in nature.

10.11.2 An involuntary transfer or reassignment shall only be made for the following reasons:

decrease in the number of students which requires a decrease in the number of unit

members, elimination of program(s), school closing(s), staff relationship concerns or lack of

funds.

10.11.3 Except in cases of layoff, if there is a decrease in the number of students, a lack of funds or

the elimination of program(s), the District shall seek volunteers at the affected site prior to

making any involuntary transfer or reassignment. If an involuntary transfer or reassignment

becomes necessary, the bargaining unit member in the affected classification with the least

seniority shall be transferred or reassigned.

10.11.4 Prior to an involuntary transfer or reassignment a bargaining unit member, upon request,

shall be given written reasons for the impending transfer.

10.11.5 A transfer, promotion or reassignment, whether voluntary or involuntary, shall not change the

bargaining unit member’s hire date for each position, accumulated illness leave, accumulated

vacation credit or in any other manner reflect adversely upon his/her rights. Article 10.6 applies.

10.12 Interview Panel: Administrators and supervisors shall have a CSEA officer appointed representative


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present in the interview process.

ARTICLE 11: LEAVES 11.1 Sick Leave: Sick leave is granted to bargaining unit members covered by this Agreement when absence

from work is caused by actual illness, injury or medical appointment of the bargaining unit member and is

not covered by Section 11.5. The District may designate an appropriate medical authority for verification

of illness or injury at District expense or require such verification at the bargaining unit member’s expense

by a medical authority selected by the bargaining unit member. The District may require verification that a

bargaining unit member is able to return to work under the same conditions. This section is subject to the

provisions of Education Code 45191. The classified sick leave form is set forth in Appendix G, attached

hereto, and incorporated herein by this reference.

11.1.1 Full time, twelve (12) month bargaining unit members will receive twelve days sick leave

annually. This leave shall be credited in advance. Part time bargaining unit members will

receive sick leave in proportion to that allowed full time bargaining unit members based on

time worked in regular assignment.

11.1.2 The parties shall consult with respect to modifications of any policies or procedures relating to

notification of, use of, or return from sick leave.

11.1.3 Extended Illness or Injury Leave: Regular bargaining unit members shall once a year be

credited with a total of not less than 100 working days of paid sick leave. Such days of paid

sick leave, in addition to those required by Section 11.1.1, shall be compensated at not less

than 50 percent of the bargaining unit member’s regular salary. The paid sick leave

authorized under such a rule shall be exclusive of any other paid leave, holidays, vacation or

compensatory time to which the bargaining unit member may be entitled.

11.1.4 During the term of this Agreement bargaining unit members shall continue to receive sick

leave benefits in accordance with past practice. Accrued but unused sick leave shall be

permitted to continue to accrue and to be carried forward from year to year as provided by

past practice.


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11.1.5 Bargaining unit members may use up to six (6) days of accumulated sick leave provided by

Section 11.1.1 to attend to the illness of a child, parent or spouse of the bargaining unit

member. This benefit is above the days granted for Personal Necessity leave. All conditions

and restrictions placed on the use of sick leave by bargaining unit members for their own

illnesses shall apply to the use of sick leave by bargaining unit members to attend to the

illness of a child, parent or spouse. Leave pursuant to this section does not extend the

maximum period of leave to which a bargaining unit member is entitled under the California

Family Rights Act (Government Code Section 12945.2) or the Federal Family and Medical

Leave Act of 1993 (29 U.S.C. 2606, et seq.).

Employee’s immediate family, as used in this section:

(1) “Child” means biological, foster or adopted child, stepchild, legal ward or child of

a person standing in loco parentis;

(2) “Parent” means biological, foster or adoptive parent, stepparent, legal guardian

or spouse’s parent.

11.2 Bereavement Leave: Each bargaining unit member covered by this Agreement is entitled to a maximum

of five (5) days bereavement leave due to the death of any member of the bargaining unit member’s

immediate family. For purposes of this subsection “member of the immediate family” shall mean

husband, wife, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, grandfather,

grandmother, son-in-law, daughter-in-law, grandchild, foster parent, stepparent, stepson, stepdaughter,

foster son, foster daughter, brother-in-law, sister-in-law, or any person living in the immediate household

of the bargaining unit member. The Superintendent or his designee shall determine the number of

bereavement leave days. Additions to the definition of members of the bargaining unit member’s

immediate family listed above will be made only at the discretion of the Superintendent or his designee.

The Superintendent may authorize a longer period of bereavement with full salary compensation.

11.3 Personal Necessity Leave: Bargaining unit members covered by this Agreement shall be entitled to use

a maximum of seven (7) days of accrued sick leave each fiscal year for any of the purposes listed below:


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1. The death of a member of the bargaining unit member's immediate family where the number of days

absent exceeds the limit provided in Article 11.2;

2. The serious illness of a member of the bargaining unit member's immediate family;

3. An accident involving the bargaining unit member's property or the person or property of any member

of the bargaining unit's immediate family;

4. Appearance in court or before an administrative tribunal as a litigant or witness under official order;

5. The birth of a child making it necessary for the bargaining unit member who is the father of the child

to be absent from his position during his assigned hours of service;

6. Imminent danger to the home of a bargaining unit member occasioned by an event such as a flood or

fire, serious in nature which, under the circumstances, the employee cannot reasonably be expected

to disregard and which requires the attention of the bargaining unit member during his/her assigned

hours of service.

11.3.1 Personal necessity leave may be granted by permission of the Superintendent or his

designee for other emergencies and events serious in nature which may occur. The District

may require prior notice of the taking of personal necessity leave under reasonable

regulations.

11.3.2 The District may require satisfactory proof of all personal necessity leave.

11.4 Discretionary Leave: Up to three (3) days of personal necessity leave may be taken at the bargaining

unit member’s sole discretion for events serious in nature which under the circumstances the bargaining

unit member cannot reasonably be expected to disregard and which require the attention of the

bargaining unit member during her/his assigned hours of service.

11.5 Industrial Illness and Accident Leave: Bargaining unit members covered by this Agreement shall be

eligible for leave for a period of up to sixty (60) days under the provisions of the Education Code Section

45192, as that Section read on July 1, 1980. For bargaining unit members hired after November 1, 1985,


30

there shall be a six (6) month period from date of hire before these bargaining unit members become

eligible for this leave.

11.5.1 Industrial Illness and Accident Leave is granted when an absence is caused by injury or

accident arising from the performance of services for the District is supported by a physician's

certificate and is verified by the Workers' Compensation Administrator.

11.5.2 Industrial Illness and Accident Leave benefits are in addition to sick leave benefits.

11.5.3 A bargaining unit member shall be deemed to have recovered from an accident or illness and

thereby able to return to work at such time as his physician so indicates after reviewing the

job description.

11.5.4 The District may designate an appropriate medical authority for verification at no expense to

the bargaining unit member.

11.6 Maternity Leave: Bargaining unit members covered by this Agreement shall have the right to utilize

accumulated sick leave or be granted an unpaid maternity leave of absence because of disability caused

by pregnancy, miscarriage, childbirth and recovery there from. Pregnancy, miscarriage and childbirth

shall be treated the same as any other illness.

11.7 Leaves of Absence for Personal Reasons:

11.7.1 Permanent bargaining unit members covered by this Agreement may request personal leave

at no cost to the District. Such leaves may be granted at the discretion of the District and

may be granted for a period up to twelve (12) months. Bargaining unit members on leaves of

absence for personal reasons shall have the right to participate in the District Health and

Welfare benefit programs, not expressly prohibited by law, at no expense to the District.

11.7.2 Retraining and Study Leave: The District may grant any classified bargaining unit member

a leave of absence, not to exceed twelve (12) months, for the purpose of permitting study by

the bargaining unit member or for the purpose of retraining the bargaining unit member to

meet changing conditions within the District.


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11.8 Association Leave: A maximum of thirty-five (35) days leave for the Association President or designee

shall be allowed during the fiscal year for attendance at conferences or for the discharge of other

organization duties. Written notification on the CSEA form, Appendix H, to the Personnel Administrator

of release time, shall be submitted at least one (1) week in advance by the Association President. The

notice shall include the date and name(s) of the person(s) to be absent. The District reserves the right to

hire substitutes for bargaining unit members on Association Leave. If the Association President is on

night shift, an additional ten (10) days leave for such President will be allowed. Prior approval must be

obtained from a unit member's immediate supervisor if more than one unit member from the same

classification or work location requests that Association Leave be granted at the same time.

11.9 Jury Duty:

11.9.1 All bargaining unit members called for jury duty in a court of law shall continue to receive

regular salary and bargaining unit member benefits.

11.9.2 Jury fees received, less mileage, shall be deducted by the Fiscal Services Department from

the bargaining unit member’s regular pay warrant.

11.9.3 If a bargaining unit member who is assigned to a second shift is required to be on jury duty

more than four (4) hours, including travel time, that bargaining unit member shall be excused

from his/her regular shift.

11.10 Subpoena: Whenever a bargaining unit member is served with a subpoena which is not school-related,

such bargaining unit member shall be granted personal necessity leave. If personal necessity leave is

exhausted and the bargaining unit member is not a party or expert witness in the action and the

subpoena was not brought through the connivance or misconduct of the bargaining unit member, a leave

of absence with pay shall be granted in the amount of the difference between the bargaining unit

member’s regular earnings and any amount received for such appearance.


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11.11 Health Examinations: The District reserves the right, irrespective of whether or not leave benefits have

been claimed or received, to require a health examination by a competent medical authority, at District

expense, of any bargaining unit member whose physical or mental health, in the judgment of school

officials, is such as to prevent the bargaining unit member from satisfactorily completing his/her job

responsibilities.

11.12 Reemployment of Bargaining Unit Member with Less than Three Years of Service:

11.12.1 A person who is reemployed after having left his/her position without an official leave of

absence shall have forfeited all rights and privileges granted in these policies, including credit

on the salary schedule. However, upon the recommendation of the Superintendent and the

approval of the Governing Board reinstatement of salary credit may be granted to a

bargaining unit member who returns to work within thirty nine (39) months. This will not

include reinstatement of vacation and sick leave that had accrued prior to termination.

11.12.2 If a person is reemployed by the District and is granted reinstatement as provided in the

above section, he/she shall be considered probationary for the first 135 consecutive working

days of employment. Vacation and sick leave entitlement shall be computed in the same

manner as prescribed for new bargaining unit members in the District.

11.13 Reemployment of Permanent Bargaining Unit Members with Three or More Years of Service:

Whenever any classified bargaining unit member who, at the time of his/her resignation, was assigned as

permanent and had three (3) years of service or more in the District is reinstated within thirty nine (39)

months after his/her last day of paid service, the District shall disregard the break in service of said

bargaining unit member and classify him/her as a permanent bargaining unit member and restore to

him/her all rights and benefits relative to credit for all prior service which he/she had at the time of his/her

resignation, subject to any and all subsequent changes affected by law or policy.

11.14 Unpaid Family Medical Leave: The District shall grant unpaid family and medical leave to eligible

bargaining unit members in accordance with the regulations governing the Federal Family and Medical


33

Leave Act of 1993 (P.L. 103-3) and California's Family Rights Act (Government Code Section 12945.1and

2), Appendix I.

11.14.1 The District shall grant up to twelve (12) workweeks of unpaid family and medical leave, with

continuation of existing District-paid health benefits, to eligible bargaining unit members for

the birth, adoption or foster care placement of a child with the bargaining unit member or for

the care of the bargaining unit member, bargaining unit member's child, spouse or parent with

a serious health condition.

11.14.2 In the case of the bargaining unit member's own illness or injury, the bargaining unit member

may use accrued sick leave.

11.14.3 Except for disability leave on account of pregnancy, childbirth or related medical conditions,

family or medical leave under this Article will run concurrently with any leave for which the

bargaining unit member is otherwise eligible.

11.14.4 Bargaining unit members are required to provide at least thirty (30) days advance, written

notice if the need for unpaid family leave is foreseeable. If the thirty (30) days notice is not

possible, then notice shall be provided as soon as practicable.

11.14.5 Any family leave request will be processed in accordance with the applicable provisions of

state and federal laws.

11.15 Military Leave: A bargaining unit member who has been employed for at least one year shall be entitled

to full pay and benefits for the first thirty (30) calendar days and a maximum of thirty (30) work days in any

fiscal year, as required by Education Code 45059, when on military leave and shall retain all rights and

privileges granted by law arising out of the exercise of military leave.

11.16 Catastrophic Leave: Catastrophic leave pay may be available to a classified employee as set forth

herein pursuant to the provisions of Education Code 44043.5 inclusive. Catastrophic leave pay shall

consist of the amount of sick leave credits or vacation time credits that are donated to the affected

classified employees by other classified employees. “Catastrophic illness or injury” shall mean an illness


34

or injury: (a) that is expected to incapacitate the classified employee for an extended period of time; (b)

that incapacitates a member or the classified employee’s family and which incapacity requires the

classified employee to take time off from work for an extended period of time to care for the family

member; or (c) taking extended time off work creates a financial hardship for the classified employee

because he/she has exhausted all of his/her sick leave and other paid time off.

Catastrophic leave may be used only after all paid leave (i.e., sick leave, compensatory and vacation) is

exhausted. Catastrophic leave shall be utilized in conjunction/concurrently with the 100 days at half pay

defined in extended illness or injury leave and can extend past the 100 days at half pay.

11.16.1 Donations of sick leave or vacation credit shall be made in blocks of four (4) hours per

donating classified employee. A classified employee who donates sick leave credits shall be

required to have a sick leave balance equivalent to three (3) days following the donation.

Donations will be calculated hour for hour.

11.16.2 No classified employee shall give more than twenty-four (24) hours of sick leave or vacation

leave for each classified employee’s request.

11.16.3 The maximum amount of catastrophic leave donations to be received by any bargaining unit

member is 120 work days per injury/illness.

11.16.4 A committee comprised of two bargaining unit members appointed by the President of the

Association and two representatives of administration shall administer the catastrophic leave

provision and shall approve or disapprove all applications. An applicant shall be required to

provide verification of the catastrophic illness or injury.

11.16.5 When the application is based on the catastrophic illness or injury of a member of the classified

employee’s family, all required medical information, statements, and verifications shall be

related to the affected family member. In addition, the classified employee shall attach a

written statement indicating the circumstances that require the employee to be absent from

work.

11.16.6 The classified employee shall be required to utilize all of his/her available regular sick leave

and vacation leave prior to the receipt of donated time credits.


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11.16.7 “Member” of the classified employee’s family shall be defined as set forth in Article 11.2

ARTICLE 12: SAFETY CONDITIONS

12.1 A safety committee shall be composed of two (2) members appointed by the District and two (2)

appointed by CSEA which will review safe working conditions. The committee shall consult with the

Superintendent, or designee, concerning safe working conditions. The safety committee shall develop a

procedure for bargaining unit members to report hazardous conditions.

12.2 Committee members shall be allowed a maximum of four (4) hours per month of release time to carry out

their obligations under this section.

12.3 No bargaining unit member shall be in any way discriminated against as a result of reporting any

condition believed to be hazardous.

12.4 The District shall facilitate actions against students or adults who abuse, assault, insult or criticize

bargaining unit members, in accordance with applicable law.

ARTICLE 13: EMPLOYEE EVALUATION PROCEDURES

13.1 Employees covered by this Agreement shall be evaluated by the supervisor, principal or other

administrator responsible for their work who is not a member of the bargaining unit.

13.1.1 The evaluator may be assisted by his/her supervisor or the site administrator in the

completion of the evaluation at the request of the bargaining unit member.

13.1.2 If a bargaining unit member has more than one (1) evaluator due to multiple positions or

sites, each evaluator may evaluate the bargaining unit member’s performance on a separate

evaluation form.


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13.2 Each evaluation must be made on the District evaluation form. The evaluation form to be utilized by the

District is appended hereto as Appendix J.

13.3 Marks, comments, suggestions and dates must be made either in ink or by typewriter. Signatures of the

evaluator and the evaluatee must be in ink. If changes are necessary, the original mark or comment may

be crossed out and the correction initialed by the bargaining unit member. No erasures are permitted.

13.4 Probationary period and evaluation timelines for new employee: Probationary bargaining unit

members shall be evaluated at least once during the probationary period. For employees new to the

bargaining unit, this evaluation is to be completed on or before the fifth (5th) month of employment. The

probationary period for new bargaining unit members is twelve (12) months.

13.5 Probationary period and evaluation timelines for current employee reassigned: For current

bargaining unit members reassigned to different job positions, the probationary period is 135 working

days, and an evaluation is to be completed on or before the third (3rd) or fourth (4th) month of the new

job position.

13.6 Permanent bargaining unit members shall be evaluated every two (2) years. The evaluation shall be

completed prior to the end of the school year. If, in the opinion of the evaluator, more frequent

evaluations of the bargaining unit member are desirable, additional evaluations may be made. If, in the

opinion of the bargaining unit member, an additional evaluation should be made, he/she may request

another evaluation. The request must be in writing and shall state the reason(s) for the additional

evaluation. The evaluator shall complete the evaluation within ten (10) workdays of receiving the written

request.

13.7 The evaluation form and any attachments are to be reviewed by the evaluator with the bargaining unit

member, dated and signed by both the evaluatee and evaluator. Signing of the evaluation and any

attachments by the bargaining unit member does not necessarily mean agreement but only indicates that


37

the evaluation and any attachments have been reviewed by the bargaining unit member. A copy of the

evaluation and any attachments must be given to the evaluatee upon conclusion of the conference.

13.7.1 Any overall Unsatisfactory or Unacceptable evaluation shall have a written assistance plan

for improvement attached for permanent bargaining unit members.

13.8 Upon completion of the evaluation conference the evaluatee will have a ten (10) day period in which to

write a rebuttal to the evaluation which shall be attached to the evaluation documents and sent to the

Personnel Office to be placed in the evaluatee's personnel file.

13.9 Right to Grieve: A bargaining unit member shall have the right to grieve an alleged violation of the

evaluation procedures. The content of the evaluation shall not be grievable.

13.10 Reasonable Grounds: Unless reasonable grounds exist as determined by District management, all

monitoring or observation of a bargaining unit member’s work by District management for bargaining unit

member evaluations conducted under this Article shall be conducted openly and with full knowledge of

the bargaining unit member, without the use of eavesdropping or mechanical devices.

ARTICLE 14: TRANSPORTATION

14.1 Regular Driver: A regular driver, as used herein, refers to a regular full time or part time bus driver

regularly assigned to one or more routes or assignments.

14.2 Substitute Driver: A substitute driver is a driver, other than a regular driver, assigned to a run or a route

when there is a vacancy or a regular driver is absent or assigned to other duties.

14.3 Seniority: For purposes other than layoff, as used in this Article, seniority shall be based on date of hire

in classification.


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14.4 Basic Daily Assignment: Basic daily assignment is that route or combination of routes assigned to a

given driver which constitutes the driver's designated regular minimum number of assigned hours per

day.

14.5 Permanent Route: Permanent route is a given route assigned to a regular driver.

14.6 Routes Subject to Bid: The District shall determine which routes will be bid annually before the start of

school. In general, all runs will be available for bid except those which have particular geographic or

driver qualification requirements. Runs which are not subject to bid shall be posted when vacant in order

that drivers may indicate an interest in them; however, selection of drivers for such runs shall be at the

sole discretion of the District.

14.7 Vacancies: When, during a school year, a permanent route subject to bid is vacant or when a new

permanent route is established, the vacancy shall be put up for bid within ten (10) days. The criteria the

District will use for such selection shall include, but will not be limited to, seniority, driver qualifications

and, where applicable, whether a bargaining unit member is willing to move, if necessary, or otherwise,

the location of the bargaining unit member's residence.

14.8 Extra Trip Driving Assignments: Extra trip driving assignments shall initially, on a school year basis, be

offered in order of driver seniority to all qualified drivers. Thereafter, such offers shall be made on a

rotational basis in such a manner as to distribute extra time opportunities as equally in hours as is

practicable. If a driver declines an extra trip driving assignment, said driver shall lose his/her turn in

rotation. If all available qualified drivers decline the extra assignment, the District may direct that a driver

accept the assignment or may utilize a substitute bus driver. This does not preclude the District from

hiring regularly employed extra trip drivers.

14.9 Bus Driver Probationary Period:: Notwithstanding any other section herein, newly-hired bus drivers

shall serve a probationary period of one (1) year from date of employment. New drivers must complete


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their probationary period before being placed on the extra trip list. When a driver is first placed on such

list, they will be credited with the average number of hours of drivers on said list. Prior to being added to

the extra trip list, a driver must display proficiency per Title 13 of the California Code of Regulations,

Section 1229 and Section 40087 of the Education Code. Proficiency determination will be made at the

sole discretion of the District.

14.10 Extra Trip Transparency: Extra Trip Assignments shall be prominently posted on a daily basis. Upon

request, the District will supply an electronic analysis of all extra trip assignments.

14.11 Extra Time: Extra work other than extra trips shall be assigned as equally as practicable based on

seniority of available drivers. Extra work includes interior bus detailing, seat repair of buses, washing of

buses, waxing of buses and bus fueling. Each year, extra work during summer break shall be available

for selection during the ESY bidding. If circumstances require, the District may assign any available

driver.

14.12 Bus Driver Assignments:

14.12.1 At the beginning of each school year all school bus drivers shall be provided with at least five

(5) hours of paid in-service.

14.12.2 Drivers will be paid their actual driving time to schools and other designated locations outside

the District.

14.12.3 Assignment of long term extra runs, any run of twenty (20) working days or more, not

included in the driver's original run, shall be put up for bid in the manner set forth above,

when such runs become available.

14.12.4 Drivers may bid on extra runs which do not overlap their normal run assignments.

14.12.5 If a substitute driver is assigned hours for which an appropriate regular driver is available and

such regular driver does not refuse said hours, that regular driver shall be awarded the next

comparable assignment. Where the District contracts out buses for athletic events, music


40

events, graduation night or other student activities and the contract is funded by general

funds of the District and a District bus is available, the driver(s) who would have been

assigned to such trip shall be paid for the hours of work that they missed.

14.12.6 All extra trips shall be electronically numbered in the order received by the department. The

District shall attempt to provide twenty-four (24) hours of advance notice for all weekday extra

time, and forty-eight (48) hours of notice for all weekend extra time. If the District does not

provide notice as set forth above, the driver to whom the extra time is offered may decline

said offer and said driver shall not lose his/her turn in the rotation.

14.12.7 A driver reporting to the District for a weekend/holiday/recess offer which is cancelled without

notice shall receive four (4) hours of straight pay or pay for hours worked, whichever is

greater. A driver called back to the District or remaining beyond his/her normal workday for a

weekday extra time trip which is cancelled without notice shall receive two (2) hours pay.

14.12.8 Drivers on extra trips who are required to remain for the duration of the event for which the

trip is made shall be paid for all standby hours at the appropriate rate of pay. Thirty (30)

minutes shall be assigned at the end of such trips for the purpose of cleaning the bus, fueling

the bus, and paperwork.

14.12.9 Notwithstanding any other provisions of this Agreement, if a route/trip requires an overnight

stay, the District shall be relieved of the obligation of payment for the hours between the time

the driver is relieved of duties for the evening and the time the driver resumes his/her regular

duties the following morning. Such drivers shall be reimbursed for expenses in accordance

with applicable District policies.

14.12.10 Staff meetings shall be held for purposes of conducting in-service training, safety, policy

development and discussion and such other matters as the District determines. These

meetings shall be in a paid status.

14.12.11 Any district meetings whereby a driver attains hours for his/her renewal, as required by the

State of California, shall be in a paid status up to the minimum number of such hours required

annually.


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14.12.12 There shall be a posting of regular daily assignments assigned to each route and bus driver

on a daily basis.

14.13 Responsibility Factor: Effective July 1, 1984, drivers regularly assigned to serve Idyllwild, Hamilton and

Cottonwood Schools shall receive responsibility pay in the amount of fifty dollars ($50.00) per month for

each month (or major portion thereof) during which such assignment is in effect and during which

students are actually transported.

14.14 Transportation for Drivers on Layover: The District shall use reasonable efforts to maintain the

availability of transportation for outlying drivers on layover at the District's transportation facility.

14.15 Employees’ Lounge: An "Employees’ Lounge" may be provided for drivers located within the confines of

the transportation facility. A restroom, telephone facilities and space for a coffee pot shall be provided by

the District. A refrigerator and vending machine may be installed by the District.

14.16 Advisory Committee: With respect to advisory committees established by the Transportation

Department, their function shall exclude matters within the scope of mandatory negotiations. It is agreed

further that a representative chosen by CSEA shall be a member thereof so long as said committee or a

similar committee is maintained. The representative chosen by CSEA must meet reasonable

qualifications as established for membership in said committee.

14.17 Terminal Seniority: : All bus drivers shall have overall seniority based upon hire date in accordance with

Article 10.1.5 and Article 19 of this agreement. Overall seniority will be utilized within the Transportation

Department for bidding purposes at the beginning of each school year and when vacancies become

available. Satellite terminals shall have subset seniority based upon the hire date of the employees

assigned to that satellite terminal. This subset seniority shall be utilized at satellite terminals for the

bidding of ESY assignments with that terminal. The subset seniority will also be utilized for Section 14.8


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and Section 14.11 of this agreement. This section, in no way, impedes the District’s right to assign bus

drivers under Article 14.6 of this agreement.

ARTICLE 15: VACATIONS AND HOLIDAYS

15.1 Eligibility for Vacation Leave: In order to be eligible for vacation leave, a new bargaining unit member

must have served as a regular bargaining unit member for at least six (6) full months (Education Code

45197, Sect 3, E). The vacation leave time will then be computed retroactively to the date of her/his

employment as a regular bargaining unit member.

15.2 Computation of Vacation Leave: A bargaining unit member must be in a paid status for more than one-

half (1/2) of the working days of the month to earn vacation credit for that month. This applies in both the

case of beginning or terminating employment.

15.3 Regular full time, twelve (12) month bargaining unit members shall be granted paid vacation leave each

year as follows:

After completion of:

1 to 3 years 10 days (.83 day/mo)

4 years 12 days (1 day/mo)

5 to 9 years 15 days (1.25 days/mo)

10 years or more 22 days (1.83 days/mo)

Vacation leave for all bargaining unit members, other than regular full time, twelve (12) month bargaining

unit members, shall be computed on a prorated basis.

If the bargaining unit member's four (4), five (5) and ten (10) year anniversary date falls prior to January 1

of a given fiscal year, added vacation time will be granted for that year. If the bargaining unit member's

four (4), five (5) and ten (10) year anniversary date falls anywhere from January 1st - June 30th of a given

fiscal year, added vacation time will be given the following year.


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A bargaining unit member absent because of illness or injury shall earn vacation leave during that portion

of his absence covered by paid sick leave time.

15.4 Time for Using Vacation Leave: Except as provided in 15.1, earned vacation time shall be credited to

bargaining unit members’ records at the beginning of each fiscal year. The bargaining unit member may

be granted vacation during the school year even though not earned at the time the vacation is taken

(Education Code 45197 Sect 3, F). If a bargaining unit member is terminated or has resigned and has

been granted vacation which was not yet earned at the time of termination or resignation of his/her

services, the District shall deduct from the bargaining unit member’s severance check the full amount of

compensation paid for such unearned days of vacation taken (Education Code 45197 Sect 3, G). On

June 30th of each fiscal year, if any vacation time remains on the records, a maximum of ten (10)

vacation days, in addition to the vacation days earned in the current fiscal year, may be carried over to

the new fiscal year.

15.4.1 The District will permit bargaining unit members to use their posted vacation time during

consecutive days. Vacations shall be scheduled by the District consistent with department work

demands, taking into consideration the scheduled times requested by the bargaining unit member.

Vacation requests shall not be unreasonably denied. If a vacation must be denied consideration will be

given to whether the denial of the vacation will have a negative financial impact for the bargaining unit

member.

15.4.2 The following steps will be followed by the administrator in coordination with bargaining unit

members regarding use of accrued vacation time.

a. The District has the option to expect and require that the bargaining unit member use all

vacation accrued for the fiscal year by the end of that fiscal year (July 1 – June 30).

b. Prior to September 1 of each school year for 12 month bargaining unit members and October

1 for all other bargaining unit members, the administrator will meet with bargaining unit


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members to create a vacation schedule for the current fiscal year to use vacation time that

will accrue for the current fiscal year. The administrator will document the vacation schedule

in writing.

c. Bargaining unit members requesting the same days/weeks of vacation, during their first

meeting with the administrator, that cannot be accommodated by the site or department will

be given vacation preference based on seniority in the District. Vacation time that is

requested after the first meeting with the administrator will be given based on a first come,

first served basis.

d. At least twice more during the year, the administrator will meet with the bargaining unit

member again to make any necessary mutually agreed revisions to the plan.

e. Once vacation time is scheduled, a bargaining unit member cannot bump another bargaining

unit member from their scheduled vacation time unless mutually agreed upon by both

bargaining unit members.

f. Bargaining unit members assigned to less than a twelve month position may schedule their

vacation days during student breaks or during the period following the last day of school

through June 30th of the fiscal year unless otherwise agreed upon by the manager and the

bargaining unit member.

g. The District will allow the bargaining unit member to carry over the maximum number of

hours allowed by contract which is ten days plus a one year accrual.

h. The District will not pay out any vacation hours below the maximum number of allowable

carryover, except in the instances where scheduled vacation was cancelled due to the

operational needs of the District.

i. The District will pay out any additional hours over the maximum allowed carryover described

in (g) above.


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15.5 Holidays:

Independence Day

Labor Day

Admission Day (Floating Holiday)

Veterans' Day

Thanksgiving Day

Day after Thanksgiving

Christmas Day

New Year's Day

Martin Luther King's Birthday

Lincoln's Birthday

Washington's Birthday

Memorial Day

One day during either Thanksgiving, Winter, President’s Day, or Spring recess as set by the District

After consultation with CSEA.

15.5.1 Regular bargaining unit members of the District who are not normally assigned to duty during

the declared winter recess shall be paid for the bargained holidays provided that they were in

a paid status during any portion of the working day of their normal assignment immediately

preceding or succeeding the recess period.

15.5.2 Subject to any changes in the law pertaining to observance of holidays, when a holiday

herein listed falls on a Sunday, the following Monday shall be deemed to be the holiday in

lieu and when a holiday herein listed falls on a Saturday, the preceding Friday shall be

deemed to be the holiday. When a bargaining unit member is required to work on any of said

holidays, the bargaining unit member shall be paid compensation or given compensatory time

off for such work, at the rate of double (2 times) the regular rate of pay, in addition to regular

pay received for the holiday.


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15.5.3 Parties shall consult on the setting of holidays prior to adoption of the school calendar each

year where the District has flexibility as to the setting of the date.

ARTICLE 16: CONCERTED ACTIVITIES

16.1 It is expressly agreed by both parties that there will be no strike, work stoppage, slowdown, job action,

picketing or refusal or failure to perform fully and faithfully all job functions and responsibilities nor will

there be any concerted action or other interference with the operations of the District by the Association

or by its officers, agents or bargaining unit members during the term of this Agreement, including

compliance with the request of other union organizations to engage in such activity. This does not

preclude bargaining unit members from participating in informational picketing provided such

informational picketing is on non-duty time.

16.2 The District agrees to not lock out bargaining unit members covered by this Agreement during a labor

dispute with another bargaining unit.

16.3 The Association recognizes the duty and obligation of its representatives to comply with the provisions of

this Agreement and to make every effort toward inducing all bargaining unit members to do so. In the

event of a strike, work stoppage, slowdown, concerted action or other interference with the operations of

the District by bargaining unit members of the Association, the Association agrees, in good faith, to take

all necessary steps to cause these bargaining unit members to cease such action.

16.4 It is specifically understood and agreed that the District, during the first twenty four (24) hour period of the

activity prohibited by Section 16.1, if the activity is not sanctioned or encouraged by the Association, shall

have the right of reasonable discipline, short of discharge, against individuals participating in such activity.

After the first twenty four (24) hour period of prohibited activity or if the activity is sanctioned or

encouraged by the Association and if such activity continues, however, the District shall have the right to

discharge any employee participating therein, which discharge may be a discharge for cause.


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ARTICLE 17: WORKING OUT OF CLASSIFICATION/RECLASSIFICATION PROCEDURE

17.1 Each bargaining unit position shall be placed in a classification with a designated title and shall have: a

regularly-assigned minimum number of hours per day, days per week, and months per year, a statement

of the specific duties to be performed in such position and a regular hourly/monthly salary range.

17.2 New Positions or Classes of Positions: All newly created positions or classes of positions, unless

specifically exempted by law, shall be assigned to the bargaining unit if the job description’s described

duties are performed by employees in the bargaining unit or which, by the nature of the duties, should

reasonably be assigned to the bargaining unit. In the event there is a dispute as to whether or not the

position is to be included in the bargaining unit, either party may petition the Public Employment Relations

Board for Unit Clarification.

17.3 Inconsistent Duties: If a bargaining unit member is required to perform duties outside the normal duties

of the position for a period of more than five (5) working days out of any fifteen (15), the salary shall be

adjusted upward to reasonably reflect the duties required to be performed for the entire period he/she is

required to work out of classification.

17.3.1 This provision is not intended to apply to the situation that exists when a bargaining unit

member is assigned to substantially all the duties of a higher classification. In that event,

such bargaining unit member shall be entitled to the higher rate of pay for all time worked in

such higher classification. The bargaining unit member shall be told ahead of time what pay

rate will apply.

17.4 Salary Placement of Reclassified Positions: When a position or class of positions is reclassified to a

higher salary range, the position or positions shall be placed on the salary schedule in a range which will


48

result in at least a one (1) range increase above the salary of the existing position or positions. A

bargaining unit member who remains in a position that is reclassified shall remain at his/her same step.

17.5 Incumbent Rights: When a position is reclassified, the incumbent(s) in the position(s) shall be entitled to

serve in the new position(s).

17.6 Procedure: The Grievance Procedure of this Agreement shall be used to enforce this Article. However,

if at any level of the Grievance Procedure the parties agree that the issue is "reclassification," the time

limits shall be set to allow the parties to meet and negotiate over the reclassification. Should such be

unsuccessful, the Association has the option to continue to pursue the issue through the Grievance

Procedure.

17.7 Reclassification Request Process: The District Reclassification Committee shall consider all

reclassification requests. The Committee’s original recommendation will be reported to the

Superintendent or designee and the Board of Education. Those bargaining unit members requesting

reclassification shall submit their request on the Reclassification Request Form in Appendix K-1. In

addition, the direct supervisor of a bargaining unit member or the Association’s Executive Board can

request reclassification of a position.

17.7.1 DEFINITIONS:

a. "Classification" means that each position in the classified service shall

have a designated title, a regular minimum number of assigned hours per

day, days per week, and months per year, a specific statement of the

duties required to be performed by the employees in each such position,

and the regular monthly salary ranges for each such position.


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b. "Reclassification" means the upgrading of a position to a higher

classification as a result of the gradual increase of the duties being

performed by the incumbent in such position.

17.7.2 A reclassification request shall be evaluated by a Reclassification Committee composed of

two (2) classified bargaining unit members and two (2) management representatives.

17.7.3 Bargaining unit representatives shall be appointed by the Association. The

Superintendent or designee will determine management representatives.

17.7.4 Deadlines to turn in the reclassification request forms are October 1st and March 1st. All

request forms must be submitted to the Human Resources Department, attention:

Reclassification Committee, only. The request will be date and time stamped by the

Human Resources Department.

a. If the reclassification is approved by the Board of Education, the bargaining

unit member will be compensated effective from the date the application is

received by the District. Upon receipt the District will date stamp said

application.

b. The Reclassification Committee members shall receive a copy of all

applications including pertinent information included therein, seven (7)

calendar days prior to the first scheduled meeting to consider the

applications. This meeting shall be held within ten (10) days of the deadline

for the receipt of the applications. Deliberation and investigation will only

occur in the committee setting. Committee members shall not conduct

independent investigations without the express consent of the committee.

c. The reclassification committee will attempt to convene with the applicants no

later than:

November 15th for the October 1

st deadline.

April 15th for the March 1

st deadline.

d. Individuals may apply for reclassification only one time during any fiscal year

(July - June.)


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17.7.5 RECLASSIFICATION REQUEST PROCESS. If a reclassification request meets the

specified criteria but no current position exists, the Reclassification Committee may

recommend an appropriate new classification.

a. The Reclassification Committee may recommend the salary range for a

proposed new position or changes to any existing position in the event of an

Association/Management disagreement

b. New or revised job descriptions will be submitted with the committee’s

recommendations to the Board of Education

17.8 RECLASSIFICATION APPEALS PROCESS. Should a bargaining unit member be denied a

requested reclassification, the appeals process in Appendix K-2 will be followed.

17.8.1 The Reclassification Appeal Committee will consist of three (3) CSEA representatives

and three (3) District representatives. One (1) Reclassification Appeal Committee

member from each party will have been a member of the Reclassification Committee and

the other four (4) will be the President of CSEA and the Assistant Superintendent and/or

their designees.

17.8.2 The Reclassification appeal form shall be turned in to Human Resources within thirty (30)

calendar days of notification of denial.

a. The Appeals Committee will attempt to convene no later than thirty (30) calendar

days after the deadline of the appeal.

b. If the reclassification appeal is approved by the Board of Education, the bargaining

unit member will be compensated effective as outlined in Article 17.7.4.a.

c. The Reclassification Appeals Committee shall receive a copy of all appeal

applications including pertinent information included therein, no later than one (1)

week prior to the scheduled meeting date.


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d. Deliberation and investigation will only occur in the committee setting. Committee

members shall not conduct independent investigations without the express consent

of the committee.

ARTICLE 18: DISCIPLINE

18.1 Progressive Discipline: The Association and the District agree that the basic goal of progressive

discipline is to correct unsatisfactory employee performance. Progressive discipline steps may be

skipped at the sole discretion of the District based on the severity of the employee’s conduct. The

progressive discipline process consists of the following series of disciplinary steps: 1) Verbal

Warning/Conference Summary, 2) Written Warning, 3) Letter of Reprimand, 4) Suspension Without Pay,

5) Dismissal.

18.2 Discipline shall be imposed on permanent bargaining unit members in accordance with the terms of this

Article for just cause or consistent with and subject to provisions of Education Code Sections 44932 -

44944, 45116, 45304, and 45305, Board Policy and Government Code. For purposes of the procedures

set forth herein, discipline is deemed to be suspension of more than five (5) days, demotion or

termination.

18.3 Written Notice: In taking disciplinary action against a permanent bargaining unit member pursuant to

this Article, a written notice of proposed discipline shall be served on the employee personally, or by

certified mail, at least five (5) calendar days prior to the effective date of the proposed action. The notice

of proposed discipline shall contain:

a. A description of the proposed action and its effective date;

b. A statement of the reasons for such proposed action, including the acts or omissions on which

the proposed action is based;

c. Copies of materials, if any, in the possession of the District on which the proposed action is

based;


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d. A statement of the bargaining unit member's right to a hearing regarding the charges, right to be

represented during this process and right to appeal to the Board should the proposed action be

recommended to the Board; and

e. A District form, the signing and filing of which shall constitute a demand for a hearing where the

District determines to recommend such discipline be imposed.

18.4 Hearings: Should discipline be recommended to the Board, CSEA shall have the right to refer such

action to an impartial hearing officer, from a list provided by the State Mediation and Conciliation Service,

selected by the mutual agreement of the District and CSEA prior to its being presented to said Board. The

parties shall contact the hearing officer and attempt to set a hearing date within thirty (30) days from the

date the bargaining unit member filed a demand for a hearing. If, for any reason, the hearing cannot be

held within thirty (30) days (other than due to a later date being requested by the District), the District

shall have the right to put the bargaining unit member on an unpaid leave of absence after the thirtieth

(30th) day, as set forth above, pending a decision on the matter. (If a delay is caused by the District, the

District may not put the bargaining unit member on an unpaid leave for the period of time the District's

actions caused the delay.) If the decision ultimately resulting from the process does not sustain a loss of

pay for the entire period of time the bargaining unit member is on unpaid leave, the bargaining unit

member shall be reimbursed for lost pay in accordance with the award.

18.4.1 The issues to be submitted to the hearing officer are as follows:

a. Is the proposed discipline for just cause or was (bargaining unit member's name)

disciplined for just cause (whichever is appropriate)? If not, to what remedy, if any, is

(bargaining unit member's name) entitled?

b. The decision of the hearing officer shall be advisory to all parties and shall be subject to

review by the Board.


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18.5 Summary Discipline: Summary discipline, which shall be defined for the purposes of this Article as a

suspension of five (5) days or less without pay, may be appealed to the Superintendent or designee, and

thereafter by said employee to the Board.

18.6 Letters of Reprimand:

18.6.1 Prior to a written reprimand, other than a bi-annual scheduled performance evaluation being

placed in a bargaining unit member's personnel file, the affected bargaining unit member

shall have the right to a conference with the supervisor issuing the reprimand. The

bargaining unit member may, at his/her request, be represented by a CSEA Steward at this

conference.

18.6.2 The bargaining unit member shall have ten (10) days from receipt of the reprimand to file a

written rebuttal which shall be attached to the reprimand if it is placed in the bargaining unit

member's personnel file. This ten (10) day time limit may be waived by mutual agreement of

the parties.

ARTICLE 19: LAYOFF AND REEMPLOYMENT RIGHTS

19.1 Layoff procedures and reemployment rights shall be in accordance with applicable law.

19.2 Definition: Layoff is defined as an involuntary separation from District service due to lack of work or a

lack of funds. Layoff shall include involuntary reductions in assigned hours or work year . In the event of

a reduction in hours and/or work year, the District shall give advance notice to CSEA, and upon demand

to bargain, will negotiate the decision and effects the reduction in hours and/or work year.

Notice of Layoff:

19.3.1 In the event the District has to implement a layoff, the District shall, prior to taking such

action, give the affected bargaining unit members sixty (60) days written notice pursuant to

Education Code Section 45117. Such written notice shall include a form for the bargaining

unit member to indicate whether he or she wishes to exercise displacement rights, if any.


54

19.3.2 Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and

existing financial inability to pay salaries of classified bargaining unit members, nor for lack of

work resulting from causes not foreseeable or preventable by the District, without the notice

required by subdivision (a) pursuant to Education Code Section 45117(c).

19.3.3 Prior to sending the sixty (60) day notice or taking any layoff action, the District shall give the

union written notice of its intent to lay off bargaining unit members and afford the union the

opportunity to negotiate the impact of such action on negotiable subjects. If the union, within

fifteen (15) calendar days after receiving notice, makes a written request to bargain, the

parties shall meet and negotiate within fifteen (15) calendar days after the request is made.

Any request to bargain shall not delay the sending out of layoff notices or otherwise delay

implementation of the District's action.

19.4 Order of Layoff:

19.4.1 Whenever a bargaining unit member is laid off, the order of layoff within the class shall be

determined by length of service. The term "length of service" means hire date in the class,

plus higher classes. The bargaining unit member who has been employed the shortest time

in the class, plus higher classes, shall be laid off first.

19.4.2 In the event of a tie, the bargaining unit member with the latest original hire date into the

District shall be laid off first. In the event a tie still exists, order of layoff shall be determined

by lot, which the Union President or their designee shall be afforded the opportunity to

witness.

19.4.3 Reemployment shall be in the reverse order of layoff.

19.5 Employee Rights:

19.5.1 Bargaining unit members who have received layoff notices shall have the following options:

a. Accept a layoff in lieu of displacement rights;

b. Displace the least senior bargaining unit member equal in hours in the same

classification or in other classifications in which seniority has been established if the

bargaining unit member has requested such displacement rights in his/her response to


55

the layoff notice. If there are no positions equal in hours, the nearest position lower in

hours and lowest in seniority shall be offered.

Where more than one bargaining unit member in a classification is being laid off, an equal

number of the least senior bargaining unit members in that classification shall be identified for

possible layoff notification. Vacant positions with same hours shall be utilized first. The most

senior bargaining unit member being laid off shall be able to select first within the identified

group of the least senior employees in that classification, or any known vacancies in that

classification. Each bargaining unit member being laid off or displaced shall make this

selection in order of seniority as defined in 19.4 above.

Where a bargaining unit member is exercising displacement rights in another classification,

the same process described above shall be followed.

c. Move into a vacant position within the same classification by seniority as defined in 19.4

above.

d. Apply for any current vacant positions where a bargaining unit member is qualified. All

other factors* being reasonably equal, the most senior laid off bargaining unit member

shall be given preference for such vacancies.

*Factors considered shall include past job performance, skills, work experience,

recommendations, test results, seniority and positive staff relationships.

e. Bargaining unit members may exercise such displacement rights, based on seniority,

without regard to a position’s assigned work year. As a result, some laid off bargaining

unit members may increase their assigned work year.

f. Laid off bargaining unit members who exercise displacement rights into a lower

classification shall be placed on the same step they held in the higher classification or the

step previously held in the lower classification, whichever is higher.

g. Laid off bargaining unit members on Step 8 (Professional Growth), Appendix L

exercising displacement rights into a lower classification shall retain the Step 8 placement

if the lower classification is in the same job family as the bargaining unit member’s


56

present position. If the lower classification is in a different job family, the unit member

shall be placed on Step 5.

19.5.2 The District shall schedule a meeting with each bargaining unit member who has returned the

form indicating that he or she wishes to exercise displacement rights. The bargaining unit

member shall be entitled to no more than two (2) representatives. At that meeting, the layoff,

displacement and reemployment rights will be explained and any necessary information will

be provided. At that meeting, the bargaining unit member shall indicate his or her selections

for displacement subject to the criteria specified herein.

19.6 Reemployment Rights:

19.6.1 As provided in Education Code Section 45298, bargaining unit members who are laid off shall

have reemployment rights for any vacancies in their classification for a period of thirty-nine

(39) months and shall be reemployed in preference to new applicants. Bargaining unit

members who are laid off also shall have the right to participate in promotional examinations.

19.6.2 As provided in Education Code Section 45298, bargaining unit members who take voluntary

demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their

present positions rather than be reclassified or reassigned shall be granted the same rights

as persons laid off and shall retain eligibility to be considered for reemployment for an

additional period of up to twenty-four (24) months (63 months total), provided that the same

tests of fitness under which the bargaining unit member qualified for appointment to the class

shall still apply.

19.6.3 As provided in Education Code Section 45298, bargaining unit members who take voluntary

demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of

the bargaining unit member, returned to a position in their former class or to positions with

increased assigned time as vacancies become available, and without limitation of time, but if

there is a valid reemployment list they shall be ranked on that list in accordance with their

proper seniority.


57

19.7 Notice of Vacancies:

19.7.1 Any bargaining unit member who is laid off and is subsequently eligible for reemployment as

set forth above shall be notified in writing by the District of a vacancy. Such notice shall be

sent by certified mail to the last address provided to the District by the bargaining unit

member and a copy shall be sent to the Association. By sending the notice as specified

herein, the District shall be relieved of any further notification responsibility. It shall be the

responsibility of laid off bargaining unit members to provide the District Personnel Office with

a current mailing address and current telephone number.

19.7.2 The bargaining unit member shall notify the District in writing of his/her intent to accept or

reject reemployment within ten (10) work days following receipt of the reemployment offer

notice. Failure to respond shall be deemed a rejection of the offer. A bargaining unit

member who refuses three (3) such reemployment offers thereby forfeits all reemployment

rights and the bargaining unit member’s name shall be removed from the reemployment list

for that position.

19.7.3 Bargaining unit members recalled from layoff shall be reinstated at their prior salary schedule

step and shall be credited with their prior District service for all other purposes in this

Agreement, including seniority and longevity-based benefits.

19.7.4 A bargaining unit member who is laid off and requests, in writing, notification of open

positions other than those in which he or she has reemployment rights shall be mailed notice

of vacancies by first class mail.

19.8 Retirement in Lieu of Layoff: A bargaining unit member, if eligible, may elect to accept retirement in

lieu of layoff pursuant to Education Code Section 45115. If he or she subsequently accepts, in writing,

the appropriate vacant position within the 39-month period specified in Section 19.5, the District shall

maintain the vacancy until the Board of Administration of the Public Employees’ Retirement System has

properly processed his or her request for reinstatement from retirement.


58

19.9 Substitution: Bargaining unit members laid off shall be afforded opportunity to substitute in the

classification from which they were laid off or in any other classification for which they are qualified.

19.10 Assignment of Work Following Layoff:

19.10.1 Bargaining unit members remaining in employment in classifications in which positions have

been eliminated shall not be required to perform any duties not within their job descriptions,

nor any duties that are not reasonably related to the duties specified in their job descriptions,

nor shall any bargaining unit members be required to perform overtime work on a regular

basis as a result of the layoff. It is the District’s intent that bargaining unit members in

classifications affected by layoffs would continue to work their assigned hours and work year

and complete assigned duties in a reasonable amount of time. It is also the District’s intent

that bargaining unit members in classifications affected by layoffs would not be adversely

affected by the layoffs in terms of workload.

19.10.2 Work previously performed by bargaining unit members who have been laid off shall not be

performed by students or any other non-bargaining unit members.

19.10.3 No volunteers shall be used to perform any functions of the work that were previously

performed by laid off bargaining unit members.

19.10.4 Nothing in Sections 19.10.2 and 19.10.3 shall preclude the District from continuing its

practice of utilizing parent volunteers as long as there is no measurable increase in their use

after the layoff is effected.

19.11 If Education Code Sections 45101, 45114, 45115, 45117, 45298, and 45308 are amended or rescinded,

either party may reopen negotiations on layoff procedures and at such time the parties will negotiate

matters which are within the scope of negotiations pertaining to layoff and reemployment rights.

19.12 Where the District determines to add instructional aide hours at a site where aides were reduced in hours

or laid off within the time period as stated in applicable law, and so long as it is consistent with the


59

instructional program, such additional hours will be offered to the aides whose hours were reduced or

who are on layoff status.

ARTICLE 20: EXTRA ASSIGNMENTS DURING DISTRICT RECESSES

20.1 Extra assignments during District recesses will be through an established seniority list of bargaining unit

members who have submitted the District Extra Assignment during District Recesses Request Form

available in the Human Resources Department.

20.2 When and where the District offers extra assignments during district recesses that are within the

jurisdiction of the CSEA bargaining unit, such work shall be offered first to the bargaining unit member

with the highest seniority within the given classification where the work is to be assigned and does not

result in overtime. Such assignment shall be considered as a temporary extended work year. Assigned

bargaining unit members will be placed in the extra assignment at the number of hours required for the

job.

20.3 If no qualified bargaining unit member within the given classification accepts the assignment, the District

shall offer the position in the following order: (1) on the basis of seniority in like or similar classifications

within job family; or (2) on the basis of District seniority to interested bargaining unit members who have

the qualifications such as skills, experience and, if applicable, appropriate licenses or certifications.

20.4 A bargaining unit member who accepts a recess extra assignment in their regular classification shall

receive, on a pro rata basis, no less than the compensation and benefits applicable in classification during

the regular work year.

ARTICLE 21: PERSONNEL FILES

21.1 The official personnel file of a bargaining unit member shall be kept in the central administrative office of

the District.


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21.2 All material placed in an employee's file shall be dated and signed by the person who caused the material

to be prepared.

21.3 In accordance with applicable laws, all personnel files shall be maintained in confidence by the District,

subject only to use as required for the administration of the affairs of the District, including, but not limited

to, supervision of the employee who is the subject of the file.

21.4 Bargaining unit members shall have the right to inspect and obtain a copy of their personnel file except for

those materials which are specifically excluded by Education Code Section 44031(b), i.e., tests, ratings,

examinations, or other material which may be lawfully withheld from bargaining unit members.

21.5 An Association representative may review the bargaining unit member's file with written authorization

from the bargaining unit member or may accompany the bargaining unit member in his/her review of the

file. Derogatory materials in excess of two (2) years of age may not be used as the basis for supporting

any adverse employment action against the bargaining unit member.

21.6 The bargaining unit member shall have the right to enter and have attached to any material placed in the

file his/her own comments.

21.7 Such review, and any preparation of comments in response to the material and/or statement, shall take

place during normal business hours, and the bargaining unit member shall be released from duty for a

reasonable period for this purpose without salary reduction.

21.8 All documents, communications and records dealing with the processing of a grievance shall be filed

separately from the personnel files of the participant(s).


61

21.9 Any material which has not been reduced to writing within a reasonable period of time following the event

or occurrence may not be added to the file.

21.10 Any material, with the exception of payroll or work attendance records, prepared by the bargaining unit

member's supervisor or other administrative staff not placed in the bargaining unit member's personnel

file may not be used in any action which affects the employment status of the bargaining unit member.

21.11 Any grievance regarding application of this Article shall be filed at the Personnel Administrator level of the

grievance process.

ARTICLE 22: NON-DISCRIMINATION 22.1 In the administration of this Agreement, the District shall not discriminate against a unit member in their

employment relationship with the District for any reason prohibited by state or federal discrimination

statutes.

22.2 This Article shall be interpreted in accordance with applicable federal and state law.

ARTICLE 23: PUBLIC CHARGES

23.1 For purposes of this Article, any reference to "day" shall mean any regularly scheduled workday for the

bargaining unit member against whom the complaint has been made.

23.2 Complaints received by the site administrator, supervisor, a central office administrator or Board member

regarding a bargaining unit member will be reported to the unit member within seven (7) days of

knowledge of the complaint, with the exception of criminal charges which shall be reported to the

appropriate authority.


62

23.3 Prior to lodging a complaint, and within seven (7) days of the complainant's knowledge of the event giving

rise to the complaint, the complainant shall attempt to discuss the complaint with the specific bargaining

unit member(s) involved. If the complainant is unwilling or unable to meet with the bargaining unit

member(s), the site administrator or designee shall attempt to arrange a meeting between the

complainant and bargaining unit member(s). If the complaint is satisfactorily resolved at this step, then

the complaint procedure is deemed completed.

23.4 If the complaint is not resolved in the meeting between the complainant and bargaining unit member and

if the complaint is deemed to be of a nature that cannot reasonably be ignored, the complainant shall

place the complaint in writing and sign the complaint. If the site administrator or supervisor puts the

complaint in writing, he/she shall have it signed by the complainant. A copy of the complaint shall be

given to the bargaining unit member within three (3) days.

23.5 Except as provided herein, the bargaining unit member's site administrator or supervisor shall schedule a

meeting between the complainant and bargaining unit member within fifteen (15) days of the complaint

being brought to the administrator's or supervisor's attention. The bargaining unit member and/or

complainant may have a representative at any meeting. If, after an initial interview, it is the opinion of the

site administrator that a second meeting between the complainant and bargaining unit member would not

assist in resolving the matter, the site administrator may elect to conduct further discussion as an

intermediary.

23.6 Within fifteen (15) days of the meeting described in Section 23.4 taking place, the site administrator or

supervisor will prepare and serve a response to the complaint on both the complainant and the bargaining

unit member. The site administrator or supervisor may, at their discretion, interview other bargaining unit

members and/or individuals who have knowledge of the event or actions forming the basis of the

complaint.


63

23.7 No complaint or documentation prepared or gathered as the result of an investigation into a complaint

shall be placed in the personnel file of the bargaining unit member unless the allegations have been

substantiated by the site administrator or immediate supervisor. Additionally, the bargaining unit member

shall be advised of the decision to place the documents in the personnel file.

23.8 The bargaining unit member may appeal to the Superintendent or designee the decision to place in

his/her personnel file material or documents generated as a result of a complaint being lodged against the

bargaining unit member. This appeal must be filed within ten (10) days of receiving notice concerning the

placement of these documents in the unit member's personnel file. The Superintendent or designee will

review the matter and respond in writing to the bargaining unit member within fifteen (15) days.

23.9 The bargaining unit member shall be released from non-instructional duty time to review and/or respond

to a complaint and any material placed in the bargaining unit member's personnel file. The date and

length of the release time to be provided the bargaining unit member shall be subject to the approval of

the site administrator.

23.10 Nothing in the sections above shall be interpreted as precluding a complainant (other than another

bargaining unit member's complaint) from taking his/her complaint to the Superintendent or Governing

Board if he/she is not satisfied with the site administrator's resolution of the complaint.

23.11 Should a complainant make a request of the Governing Board to review his/her complaint and the Board

wishes to discuss the complaint brought against the bargaining unit member in closed session, the

bargaining unit member shall be given written notice of his/her right to have the complaint heard in open

session as opposed to closed session. The bargaining unit member shall be given this notice personally

or by mail at least seventy-two (72) hours before the time of the meeting.

23.12 This Article is subject to the grievance procedure (Article 6) to the extent the claim relates to following the

procedures contained in this Article. Nothing herein shall preclude the bargaining unit member from


64

contesting the substance of any documentation prepared in response to a complaint if subsequently used

in any disciplinary proceeding.

23.13 In compliance with state and federal law and notwithstanding any other provision of this Article, where a

complaint alleges sexual harassment by a bargaining unit member, the complainant shall not be required

to meet with the accused bargaining unit member.

ARTICLE 24: SAVINGS

24.1 Each section, part, term and provision of this Agreement shall be considered severable. If, for any

reason, any section, part, term or provision herein is determined to be invalid and contrary to, or in conflict

with any existing or future law or regulation of a court or agency having valid jurisdiction, such

determination shall not impair the operation or affect the remaining portions , sections, parts, terms or

provisions of this Agreement, and the latter shall continue to be given full force and effect and bind the

parties hereto. The invalid section, part, term or provision shall be deemed not to be part of this

Agreement.

In the event of such an invalidation of any section, part, term or provision of this Agreement, the parties

agree to meet and negotiate within thirty (30) days after such invalidation for the purpose of attempting to

arrive at a mutually satisfactory replacement for such a section, part, term or provision of this Agreement.

ARTICLE 25: EFFECT OF AGREEMENT; ENTIRE AGREEMENT

25.1 The rules, regulations, policies and practices of the District relating to wages, hours and other terms and

conditions that are within the scope of representation which are in effect at the time of this Agreement,

and which neither conflict with the terms of the Agreement nor abridge the rights of bargaining unit

members under this Agreement, shall remain in full force and effect unless changed by mutual agreement

of CSEA and the District.


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25.2 This written Agreement sets forth the full and complete agreement between the parties concerning the

subject matter hereof and supersedes all prior informal or formal agreements thereon. Rules and

regulations developed in the future to implement this Agreement shall be drawn in conformity with this

Agreement and shall be uniformly applied. There are no valid or binding representations, inducements,

promises or agreements, oral or otherwise, between the parties that are not embodied herein.

ARTICLE 26: SUPPORT OF AGREEMENT

26.1 The District and the Association agree that it is to their mutual benefit and to the benefit of the educational

program and the pupils of the District to encourage the resolution of differences through the meet and

negotiation process. Therefore, it is hereby agreed that the Association and the District will support this

Agreement for its term.

ARTICLE 27: COMPLETION OF MEET AND NEGOTIATION

27.1 During the term of this Agreement, the District and the Association expressly relinquish the right to meet

and negotiate further and agree that neither the District nor the Association shall be obligated to meet and

negotiate with respect to any matter, whether or not covered in this Agreement, even though such matters

may not have been known or anticipated by the parties at the time they met and negotiated on and

executed this Agreement, or even though such matter was proposed and later withdrawn.

27.2 Nothing herein shall preclude the parties from agreeing to reopen the Agreement to discuss an item of

mutual concern.

27.3 Executed at Hemet, California, on the date first above written.


66

APPENDIX A: CLASSIFIED JOB CLASSIFICATIONS AND SALARY RANGES

CLASSIFICATION RANGE CLASSIFICATION RANGE

CLERICAL INSTRUCTIONAL/CLASSROOM SUPPORT (Cont.)

Accountant 43 Secondary Breakfast Supervision Aide 24

Accounting Technician I 28 Site Facilitator 30

Accounting Technician II 30 Supervision Aide 19

Accounting Technician III 37 Technology Activity Specialist 21

Administrative Secretary I 29 Theatre Technician 34

Administrative Secretary II 31 Translator/Interpreter 30

Administrative Secretary III 36

Advance Path Academy Program Secretary 29 MAINTENANCE AND OPERATIONS

Advance Path Academy IT Specialist 26 Aquatics Specialist 35

Attendance Clerk 26 Athletic Equipment Manager 28

Charter Program Assistant 27 Custodian I 26

Clerk III 26 Custodian II 28

Common Core Resource Technician 28 Facilities Custodian/Groundskeeper 27

Data Entry Technician 30 Facilities Maintenance Custodian 30

Data Integrity Specialist: CALPADS 30 Grounds Equipment Technician 36

Learning Management System Technician 31 Groundskeeper I 26

Library/Media Technician I 23 Groundskeeper II 29

Library/Media Technician II 25 Groundskeeper III 30

Library/Media Technician III 27 Groundskeeper IV 31

Library/Media Technician IV 28 Head Custodian I 29

Media Center Technician 29 Head Custodian II 30

Payroll Support Specialist 40 Maintenance Crew Foreman 42

Preschool Site Clerk I/Health Aide 22 Maintenance Worker 31

Preschool Site Clerk II/Health Aide 26 Skilled Maintenance Worker II 35

Professional Development Academy Assistant 27 Skilled Maintenance Worker III 39

Professional Development Academy Assistant II 29 Swimming Pool Operator 28

School Office Manager 37

Secretary I 26 NUTRITION SERVICES

Secretary II 28 Bakery Technician 35

Secretary III 30 Cafeteria Manager I 22

Secretary IV 34 Cafeteria Manager II 23

Social Services Coordinator 24 Cafeteria Manager III 26

Student Body Activities Assistant 29 Cafeteria Manager IV 28

Student Welfare & Attendance Specialist 32 Cook/Baker 21

Cook/Chill Technician 35

HEALTH SERVICES Farm to School/Salad Bar Technician 33

Behavior and Mental Health Therapist 23 Fresh Pizza Technician 35

Certified Occupational Therapist Assistant 37 Nutrition Center Assistant 15

Health Services Technician I 31 Nutrition Services Assistant I 14

Mobile Health Unit Driver 22 Nutrition Services Assistant II 16

Speech and Language Pathology Assistant 40 Nutrition Services Production Coordinator 28

Nutrition Services Purchasing Clerk 28

INSTRUCTIONAL/CLASSROOM SUPPORT Nutrition Services Purchasing Specialist 34

Behavior Technician 23 Vending Technician 35

Campus Supervisor I 24

Campus Supervisor II 26 PURCHASING/WAREHOUSE/DELIVERY

Classroom Activity Specialist 21 Assistant Storekeeper/Delivery Driver 30

Classroom Enrichment Specialist 22 Buyer 36

Community Outreach Liaison 30 Delivery Driver 30

District Language Evaluator 25 Print Services Assistant 29

District/Community Liaison 30 Print Services Bindery Operator 24

District Translator/Interpreter 32 Print Services Specialist 39

Education Interpreter Aide 23 Print Services Technician 32

Elementary Breakfast Supervision Aide 19 Printing Assistant 28

English Learner Parent Liaison (Bilingual) 28 Purchasing Specialist 34

Health Instructional Aide 31 Purchasing Clerk 27

Instructional Aide (Bilingual) 21 Purchasing Clerk 27

Instructional Aide (Classroom) 20 Reprographics Technician 29

Instructional Aide (Severely Handicapped 21 Senior Buyer 43

Instructional Technician 26 Storekeeper 33

Intensive Behavior Intervention Assistant 23

Interpreter/Transliterator I 21

Interpreter/Transliterator II 25

Interpreter/Transliterator III 29

Parent Involvement Coordinator 24

Preschool Instructional Aide (Bilingual) 22

Preschool Instructional Aide (Classroom) 21

Program Coach SAFE Program 32

School/Community Liaison Aide 19


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TECHNICIAN SPECIALISTS

Computer Technician 39 Health Education Program Specialist - See Schedule 206/286

Database Technician 37 Occupational Therapist - See Schedule 206/286

Emergency Planning & Preparedness Technician 36

Help Desk Technician 39

Lead Computer Technician 45

Network Technician 41

Risk Management & Safety Technician 44

Safety Technician 38

Student Information Technician I 39

Student Information Technician II 41

TRANSPORTATION

Automobile Driver 21

Bus Driver 28

Delegated Behind the Wheel Trainer 29

Dispatcher 30

Lead Auto/Diesel Mechanic 42

Lead Bus Driver 29

Mechanic's Helper 28

Pay-to-Ride Clerk 28

School Bus Seat Repair Specialist 28

Transportation Facilitator 30

Transportation Planner 42

Transportation Specialist 37

Transportation Technician 28

Transportation Trainer 31

Vehicle Maintenance Mechanic I 32

Vehicle Maintenance Mechanic II 36

Vehicle Maintenance Mechanic III 40


68

Original to Immediate Supervisor

Copy Retained by Grievant

APPENDIX B: GRIEVANCE FORM – LEVEL II Submission of Complaint – All portions of this section must be completed by the grievant. Employee Name School/Work Site Statement of Grievance

Specific provision of the Collective Bargaining Agreement alleged to have been violated and date of said violation. Date of alleged violation Collective bargaining agreement provision

Remedy Sought

Date Signature Upon completion of this section, the grievant shall present the original to the immediate supervisor. A copy should be retained by the grievant.

Immediate Supervisor’s Response

________________________________

Date: ___________________ Signature: ______________________________

Upon completion of this section, the immediate supervisor shall retain the original, present a copy to the grievant and forward a copy to the Personnel Administrator and Association President. HUSD 004-009 (11/13/02)

Original to Immediate Supervisor Copy Retained by Grievant


69

APPENDIX C: GRIEVANCE FORM – LEVEL III Appeal to the Personnel Administrator – All portions of this section must be completed by the grievant. A copy of the complete Level II Grievance Form must be attached. Employee Name Reason for Appeal

Remedy Sought

______

_____ Date Signature Upon completion of this section, the grievant shall present the original to the immediate supervisor. A copy should be retained by the grievant.

Personnel Administrator’s Response

______

______ Date Signature

Upon completion of this section, the Personnel Administrator shall retain the original, forward a copy to the grievant with a copy of the completed Level II Grievance Form, forward a copy to the grievant’s immediate supervisor and a copy to the Association President. HUSD 004-008 (11/13/02)


70

1 2 3 4 5 8**

12 10.85 11.36 11.96 12.58 13.19 13.83

13 11.12 11.64 12.23 12.86 13.54 14.22

14 11.37 11.97 12.58 13.21 13.90 14.60

15 11.64 12.23 12.86 13.54 14.18 14.87

16 11.97 12.58 13.21 13.90 14.57 15.29

17 12.27 12.89 13.55 14.25 14.94 15.69

18 12.58 13.21 13.90 14.57 15.28 16.06

19 12.89 13.55 14.25 14.94 15.66 16.46

20 13.22 13.92 14.64 15.34 16.09 16.90

21 13.55 14.25 14.94 15.66 16.47 17.30

22 13.92 14.64 15.34 16.09 16.91 17.77

23 14.28 14.96 15.69 16.50 17.30 18.16

** PROFESSIONAL GROWTH 24 14.64 15.34 16.09 16.91 17.76 18.65

25 14.96 15.69 16.50 17.30 18.20 19.12

26 15.34 16.09 16.91 17.76 18.64 19.58

27 15.72 16.52 17.31 18.22 19.09 20.05

28 16.12 16.93 17.79 18.65 19.61 20.59

LONGEVITY STIPENDS 29 16.52 17.31 18.22 19.09 20.05 21.05

After 10 years = $500.00* 30 16.93 17.79 18.65 19.61 20.58 21.61

After 15 years = $750.00* 31 17.31 18.22 19.09 20.05 21.08 22.14

After 20 years = $1,000.00* 32 17.79 18.65 19.61 20.58 21.58 22.67

After 25 years = $1,250.00* 33 18.24 19.16 20.07 21.08 22.14 23.23

34 18.68 19.62 20.59 21.59 22.72 23.86

35 19.19 20.09 21.12 22.17 23.23 24.41

36 19.62 20.59 21.67 22.72 23.86 25.06

37 20.12 21.13 22.18 23.31 24.46 25.70

38 20.59 21.67 22.72 23.86 25.07 26.31

39 21.13 22.18 23.31 24.46 25.68 26.97

40 21.67 22.72 23.86 25.07 26.30 27.63

41 22.21 23.34 24.51 25.72 27.00 28.33

42 22.74 23.91 25.11 26.34 27.67 29.05

43 23.34 24.50 25.72 27.00 28.36 29.78

44 23.92 25.11 26.36 27.67 29.06 30.51

45 24.51 25.73 27.03 28.38 29.80 31.28

46 25.13 26.38 27.70 29.09 30.54 32.06

47 25.76 27.04 28.40 29.82 31.29 32.86

48 26.38 27.71 29.10 30.56 32.08 33.68

49 27.05 28.42 29.83 31.32 32.90 34.55

50 27.73 29.12 30.58 32.10 33.71 35.39

Three semester units, or 45 equivalent

clock hours required for eighth year

professional growth increment.

APPENDIX D: CLASSIFIED SALARY SCHEDULE w/DISTRICT PAID PERS

OCCUPATIONAL THERAPIST

* Requires service in a Permanent

Classified Position with the district.

50.84 53.29 55.83HEALTH EDUCATION PROGRAM SPECIALIST

44.17

2013-2014 SCHOOL YEAR

SALARY SCHEDULE: 215

EFFECTIVE DATE: 7/1/13

SALARY SCHEDULE FTE: 173.33

4.00% INCREASE

46.28 48.52


71

1 2 3 4 5 8**

12 11.50 12.04 12.68 13.34 13.98 14.66

13 11.78 12.34 12.96 13.64 14.35 15.07

14 12.05 12.69 13.34 14.00 14.74 15.48

15 12.34 12.96 13.64 14.35 15.03 15.76

16 12.69 13.34 14.00 14.74 15.44 16.21

17 13.01 13.66 14.36 15.10 15.84 16.64

18 13.34 14.00 14.74 15.44 16.19 17.02

19 13.66 14.36 15.10 15.84 16.60 17.45

20 14.01 14.75 15.52 16.26 17.05 17.91

21 14.36 15.10 15.84 16.60 17.46 18.33

22 14.75 15.52 16.26 17.05 17.93 18.84

23 15.14 15.85 16.64 17.50 18.33 19.25

** PROFESSIONAL GROWTH 24 15.52 16.26 17.05 17.93 18.83 19.77

25 15.85 16.64 17.50 18.33 19.29 20.26

26 16.26 17.05 17.93 18.83 19.76 20.76

27 16.67 17.51 18.34 19.31 20.24 21.25

28 17.09 17.95 18.86 19.77 20.79 21.83

LONGEVITY STIPENDS 29 17.51 18.34 19.31 20.24 21.25 22.31

After 10 years = $500.00* 30 17.95 18.86 19.77 20.79 21.82 22.91

After 15 years = $750.00* 31 18.34 19.31 20.24 21.25 22.35 23.47

After 20 years = $1,000.00* 32 18.86 19.77 20.79 21.82 22.87 24.03

After 25 years = $1,250.00* 33 19.34 20.31 21.28 22.35 23.47 24.63

34 19.80 20.80 21.83 22.89 24.09 25.29

35 20.34 21.30 22.39 23.50 24.63 25.87

36 20.80 21.83 22.97 24.09 25.29 26.57

37 21.33 22.40 23.51 24.70 25.93 27.24

38 21.83 22.97 24.09 25.29 26.58 27.89

39 22.40 23.51 24.70 25.93 27.22 28.59

40 22.97 24.09 25.29 26.58 27.88 29.29

41 23.55 24.74 25.98 27.26 28.62 30.03

42 24.11 25.34 26.61 27.92 29.33 30.79

43 24.74 25.97 27.26 28.62 30.06 31.56

44 25.36 26.61 27.95 29.33 30.80 32.34

45 25.98 27.27 28.65 30.08 31.58 33.16

46 26.63 27.97 29.36 30.83 32.38 33.99

47 27.31 28.66 30.11 31.61 33.17 34.84

48 27.97 29.37 30.85 32.39 34.01 35.70

49 28.67 30.13 31.62 33.20 34.87 36.62

50 29.39 30.87 32.41 34.03 35.73 37.51

HEALTH EDUCATION PROGRAM SPECIALIST46.82


SALARY SCHEDULE: 299

EFFECTIVE DATE: 7/1/13

SALARY SCHEDULE FTE: 173.33

4.00% INCREASE

49.06 51.43

Hemet Unified School District & Hemet Chapter 104, California School Employees Association - CSEA

Collective Bargaining Agreement

Three semester units, or 45 equivalent

clock hours required for eighth year

professional growth increment.

APPENDIX E: CLASSIFIED SALARY SCHEDULE Without DISTRICT PAID PERS

OCCUPATIONAL THERAPIST

* Requires service in a Permanent

Classified Position with the district.

53.90 56.49 59.18


72


CHILD CTR

PERMIT

AA or EQV+

CHILD CTR

PERMIT

80 UNITS +

CHILD CTR

PERMIT

BA + CHILD

CTR PERMIT

MA + CHILD

CTR PERMIT

1 30,832 33,188 34,871 36,537 39,886

2 32,426 35,031 36,768 38,504 42,066

3 34,004 36,732 38,522 40,347 44,086

4 35,722 38,522 40,471 42,368 46,230

5 37,565 40,400 42,456 44,493 48,604

6 39,443 42,296 44,387 46,442 50,483

7 41,374 44,316 46,354 48,374 52,467

8 43,413 46,283 48,338 50,394 54,451

9 45,379 48,285 50,359 52,379 56,419

AS CERTIFICATED EMPLOYEES REPRESENTED BY CSEA, PRESCHOOL TEACHERS ARE NOT ELIGIBLE FOR EMPLOYER PAID PERS.

SALARY SCHEDULE 115

EFFECTIVE 7/1/13

4% INCREASE

APPENDIX F: PRESCHOOL/HEADSTART TEACHERS


73

APPENDIX G: Classified Employee Leave Request


74

APPENDIX H: California School Employees Association Leave Request


75

APPENDIX I: Your Rights under FMLA


76

APPENDIX J: Classified Employee Job Performance Review


77


78

APPENDIX K-1: POSITION RECLASSIFICATION REQUEST


79

APPENDIX K-2: POSITION RECLASSIFICATION APPEAL

EQUES


80

APPENDIX L: REQUEST FOR APPROVAL OR VERIFICATION OF COMPLETION OF COURSE WORK/STAFF DELEVOPMENT ACTIVITY


81


82

APPENDIX M: HEALTH AND WELFARE BENEFITS

See the Hemet Unified School District’s website for the most current classified employee benefits information:

http://www.hemetusd.k12.ca.us/prsonnel/benfits/clssfied.html


83

APPENDIX N: Classified Lateral Transfer Request


84

INDEX Absences ..................................................................................................................................... See Leaves

Accident Leave ........................................................................................................................... See Leaves

Adverse Employment Action .............................................................................................................. 12, 57

Advisory Committee ....................................................................................................... See Transportation

Agency Shop ..................................................................................................... See Organizational Security

Agreement

Binding .................................................................................................................................................... 1

Effect of ................................................................................................................................................ 62

Effective Dates ........................................................................................................................................ 1

Support of.............................................................................................................................................. 62

Anniversary Date

Involuntary Transfer ............................................................................................................................. 25

Salary Advancement ............................................................................................................................. 19

Vacation Accrual .................................................................................................................................. 41

Assigned Time

Adjustment of........................................................................................................................................ 15

Assignments, Additional ........................................................................................................................... 16

Assignments, Extra During District Recesses .......................................................................................... 56

Association Leave ..................................................................................................................................... 29

Association Rights (Article 4) .................................................................................................................... 4

Basic Daily Assignment .................................................................................................. See Transportation

Benefits, Health and Welfare (Article 8) ............................................................................................ 16, 80

Bereavement Leave ..................................................................................................................... See Leaves

Bilingual Stipends ..................................................................................................................................... 21

Breaks ....................................................................................................................................................... 14

Bumping Rights ........................................................................................................................................ 23

Bus Driver Assignments ................................................................................................. See Transportation

Bus Driver Probationary Period ...................................................................................... See Transportation

Callback .................................................................................................................................................... 14

Claims for Damage/Loss........................................................................................................................... 19

Compensatory Time .................................................................................................................................. 13

Recording of.......................................................................................................................................... 21

Complaints Against Employees ..................................................................................... See Public Charges

Completion of Meeting and Negotiation (Article 27) ............................................................................... 62

Concerted Activities (Article 16) .............................................................................................................. 43

Contracting Out ........................................................................................................................................... 3

Court Appearance (Personal Necessity/Jury Duty/Subpoena) .......................................................... 27, 30

CSEA Dues ........................................................................... See Dues and Non-Response Fee Deductions

Day ........................................................................................................ See Grievances and Public Charges

Discipline (Article 18) .............................................................................................................................. 48

Hearings ................................................................................................................................................ 49

Letters of Reprimand ............................................................................................................................ 50

Progressive Discipline .......................................................................................................................... 48

Summary Discipline (less than 5 days) ................................................................................................. 50

Suspension (more than 5 days) ............................................................................................................. 48


85

Suspension, without pay ....................................................................................................................... 48

Written Notice ....................................................................................................................................... 49

District Functions or Trainings, Voluntary Attendance of ....................................................................... 16

District Rights (Article 3) ........................................................................................................................... 3

Dues and Non-Response Fee Deductions ................................................................................................... 6

Duties, Inconsistent ................................................................................................................................... 45

Employee Evaluation Procedures (Article 13) ......................................................................................... 34

Changes to ............................................................................................................................................. 34

Permanent Employees ........................................................................................................................... 34

Probationary Employees ....................................................................................................................... 34

Reasonable Grounds ............................................................................................................................. 34

Rebuttals To .......................................................................................................................................... 36

Right to Grieve ...................................................................................................................................... 36

Employee Rights/Membership.......................................................................... See Organizational Security

Effect of Agreement .................................................................................................................................. 62

Extra Assignments During District Recess (Article 20) ........................................................................... 56

Extra Trip Assignments .................................................................................................. See Transportation

Family and Medical Leave ........................................................................................................................ 31

Favored Nations ........................................................................................................................................ 21

Flexible Time Schedule ............................................................................................................................ 13

Grievances (Article 6)

a "day" ..................................................................................................................................................... 8

Definition ................................................................................................................................................ 8

Documents, Personnel Files .................................................................................................................. 58

Level I ................................................................................................................................................... 10

Level II .................................................................................................................................................. 10

Level III ................................................................................................................................................ 10

Level IV ................................................................................................................................................ 11

Level V.................................................................................................................................................. 12

Notice of Resolution - Level III ............................................................................................................ 11

Purpose and Scope .................................................................................................................................. 8

Release Time ........................................................................................................................................... 9

Representation......................................................................................................................................... 9

Time Limits ............................................................................................................................................. 9

Working Out of Class ........................................................................................................................... 45

Health and Welfare Benefits (Article 8) ................................................................................................... 16

Annual Contribution, District ............................................................................................................... 16

Eligibility For ........................................................................................................................................ 17

Employee Cost ...................................................................................................................................... 17

Full Time, Definition for Health Benefits Purposes ............................................................................. 17

Providers ........................................................................................................................ See Appendix M

Retirement Benefits .............................................................................................................................. 18

Health Examinations ................................................................................................................................. 30

Hearing Officers........................................................................................................................................ 50

Holidays .................................................................................................................................................... 42

Hours of Employment (Article 7) ............................................................................................................. 12


86

Illness Leave .............................................................................................................................. See Leaves

Inconsistent Duties .................................................................................................................................... 45

Incumbent Rights (Reclassified Position) ................................................................................................. 45

Industrial Illness Leave .............................................................................................................. See Leaves

Interview Panel ............................................................................................ See Transfers and Promotions

Interviews ..................................................................................................... See Transfers and Promotions

Invalidation of Portion of Agreement ....................................................................................................... 61

Involuntary Transfers ................................................................................................................ See Tranfers

Job Classifications .............................................................................................................. See Appendix A

Job Posting ................................................................................................................................................ 23

Jury Duty ................................................................................................................................................... 30

Layoff and Reemployment Rights (Article 19) ........................................................................................ 50

Assignment of Work Following Layoff ................................................................................................ 55

Definition .............................................................................................................................................. 50

Employee Rights ................................................................................................................................... 52

Notice of Layoff .................................................................................................................................... 51

Order of Layoff ..................................................................................................................................... 51

Procedure .............................................................................................................................................. 51

Reemployment Rights ........................................................................................................................... 53

Retirement in Lieu of Layoff ................................................................................................................ 55

Substitution ........................................................................................................................................... 55

Layover for Bus Drivers ................................................................................................. See Transportation

Leaves (Article 11) ................................................................................................................................... 25

Accident, Industrial ............................................................................................................................... 28

Association (CSEA) .............................................................................................................................. 29

Bereavement Leave ............................................................................................................................... 27

Catastrophic .......................................................................................................................................... 32

Discretionary Leave .............................................................................................................................. 28

Extended Illness or Injury Leave .......................................................................................................... 26

Family and Medical .............................................................................................................................. 27

Health Examinations ............................................................................................................................. 30

Industrial Illness and Accident Leave ................................................................................................... 28

Jury Duty ............................................................................................................................................... 30

Maternity Leave .................................................................................................................................... 29

Military ................................................................................................................................................. 32

Personal Necessity Leave ..................................................................................................................... 27

Personal Reasons .................................................................................................................................. 29

Retraining and Study............................................................................................................................. 29

Sick Leave ............................................................................................................................................. 25

Accumulated ..................................................................................................................................... 26

Accumulated, Involuntary Transfer .................................................................................................. 25

Extended Illness or Injury ................................................................................................................. 26

Illness of Child, Parent, or Spouse .................................................................................................... 26

Medical Verification ......................................................................................................................... 25

Reemployment .................................................................................................................................. 31

Unpaid ............................................................................................................................................... 31


87

Subpoena, non work related .................................................................................................................. 30

Lodging ..................................................................................................................................................... 20

Longevity Stipends ................................................................................................................................... 20

Longevity, When Paid .............................................................................................................................. 21

Lunch Breaks ............................................................................................................................................ 14

Maternity Leave .......................................................................................................................... See Leaves

Meals ......................................................................................................................................................... 20

Meet and Negotiate ................................................................................................................................... 62

Membership and Dues ...................................................................................... See Organizational Security

Mileage ..................................................................................................................................................... 20

New Positions or Classes of Positions ...................................................................................................... 44

Non Discrimination (Article 22) ............................................................................................................... 58

Non-Student Days ..................................................................................................................................... 15

Organizational Security (Article 5) ............................................................................................................. 5

Overtime

Extra Duty Distribution......................................................................................................................... 14

Flexible Schedule .................................................................................................................................. 13

Parties, Dates and Terms (Article 1) ........................................................................................................... 1

Personal Necessity Leave ........................................................................................................... See Leaves

Personal Property Damage/Loss ............................................................................................................... 19

Personnel Files (Article 21) ...................................................................................................................... 57

Inspection of.......................................................................................................................................... 57

Picketing ................................................................................................................................................... 43

Positions or Classes of Positions, New ..................................................................................................... 44

Probationary Period, Bus Driver ............................................................................................................... 37

Probationary Period, New Employee ........................................................................................................ 35

Probationary Period, Permanent Employee .............................................................................................. 35

Professional Growth............................................................................................................. See Appendix L

Promotional Probation .............................................................................................................................. 23

Public Charges (Article 23) ...................................................................................................................... 59

a ‘Day’ .................................................................................................................................................. 59

Complaints Against Employees ............................................................................................................ 59

Reclassification ......................................................................................................................................... 45

Appeals Process .................................................................................................................................... 47

Definitions............................................................................................................................................. 46

Request Process .................................................................................................................................... 45

Recognition (Article 2) ............................................................................................................................... 1

Reduction in Assigned Time) ....................................................................................................... 15, 50, 53

Reemployment .......................................................................................................................................... 53

With Less than Three Years of Service ................................................................................................ 30

With Three or More Years of Service ................................................................................................... 31

Reemployment (from layoff) .................................................................................................................... 54

Release Time ............................................................................................................................................... 9

Representation........................................................................................................................................ 1, 9,

Reprimand, Letters of ............................................................................................................................... 50

Responsibility Factor ...................................................................................................... See Transportation


88

Rest Breaks ............................................................................................................................................... 14

Retirement Benefits .................................................................................................................................. 18

Retraining and Study Leave ........................................................................................................ See Leaves

Return to Work Release ............................................................................................................................ 25

Routes Subject to Bid...................................................................................................... See Transportation

Safety Committee...................................................................................................................................... 33

Safety Conditions (Article 12) .................................................................................................................. 33

Salaries (Article 9) .................................................................................................................................... 19

Advancement ........................................................................................................................................ 19

Increases (Favored Nations) ................................................................................................................. 21

Placement of Reclassified Positions ..................................................................................................... 45

Placement on Reemployment ............................................................................................................... 30

Schedules ............................................................................................................. See Appendices D & E

Savings (Article 24) .................................................................................................................................. 61

Seniority .................................................................................................................................................... 22

Seniority Roster ...................................................................................................................................... 4

Transfers, Effect on ............................................................................................................................... 24

Shift Differential ....................................................................................................................................... 20

Shifts, Split ................................................................................................................................................ 16

Short Term Employees ............................................................................................................................... 2

Sick Leave ................................................................................................................................... See Leaves

Staff Development .................................................................................................... See Non-Student Days

Strikes ....................................................................................................................................................... 43

Subpoena ................................................................................................................................................... 30

Substitute Employees, Use of ..................................................................................................................... 2

Summary Discipline............................................................................................................... See Discipline

Support of Agreement (Article 26) ........................................................................................................... 62

Suspension ............................................................................................................................. See Discipline

Teacher Training and Conference Days ................................................................... See Non-Student Days

Thirty-Nine (39) Month Reemployment ................................................................................................... 53

Transfers and Promotions (Article 10) ..................................................................................................... 22

Lateral Transfers ................................................................................................................................... 22

Probationary Transfer ........................................................................................................................... 23

Reassignment .................................................................................................................................. 23, 24

Seniority ................................................................................................................................................ 24

Temporary ............................................................................................................................................. 24

Transfer Request ................................................................................................................................... 22

Transfers, Involuntary ........................................................................................................................... 23

Transfers, Voluntary ............................................................................................................................. 22

Transportation (Article 14) ....................................................................................................................... 36

Advisory Committee ............................................................................................................................. 40

Assignments, Bus Driver ...................................................................................................................... 38

Basic Daily Assignment ........................................................................................................................ 36

Cancelled Trips on Weekends/Holidays/Recess ................................................................................... 39

Employee's Lounge ............................................................................................................................... 40

Extra Time ............................................................................................................................................ 38


89

Extra Trip Driving Assignments ........................................................................................................... 37

Extra Trip Transparency ....................................................................................................................... 38

In-Service Training ............................................................................................................................... 39

License Renewal ................................................................................................................................... 39

Overnight Stays ..................................................................................................................................... 39

Permanent Route ................................................................................................................................... 36

Probationary Period, Bus Driver ........................................................................................................... 37

Regular Driver ...................................................................................................................................... 36

Responsibility Factor ............................................................................................................................ 39

Routes Subject to Bid............................................................................................................................ 37

Seniority ................................................................................................................................................ 36

Staff Meetings ....................................................................................................................................... 39

Standby Hours ....................................................................................................................................... 39

Substitute Driver ................................................................................................................................... 36

Terminal Seniority ................................................................................................................................ 40

Transportation on Layover .................................................................................................................... 40

Vacancies .............................................................................................................................................. 37

Uniform Allowance .................................................................................................................................. 20

Vacancies, Bus Drivers ............................................................................................................................. 37

Vacancies, Posting of ................................................................................................................................ 23

Vacations and Holidays (Article 15)......................................................................................................... 41

Computation of ..................................................................................................................................... 41

Eligibility for ......................................................................................................................................... 41

Entitlement ............................................................................................................................................ 41

Holidays ................................................................................................................................................ 42

Time for Using ...................................................................................................................................... 42

Vacation, Accumulated (Involuntary Transfer) .................................................................................... 25

Vacation, Accumulated/Carry-Over ..................................................................................................... 42

Vacation, New Employees .................................................................................................................... 41

Vacation, Use of.................................................................................................................................... 42

Voluntary Transfer ................................................................................................................... See Transfers

Work Stoppage.......................................................................................................................................... 43

Workday .................................................................................................................................................... 12

Scheduled, Number of .......................................................................................................................... 16

Workday/Workweek, Full-Time Employees ............................................................................................ 12

Workday/Workweek, Part-Time Employees ............................................................................................ 12

Working Out of Classification (Article 17) .............................................................................................. 44

Workweek ................................................................................................................................................. 14

Workweek Assignment ............................................................................................................................. 12