CSEA Orange Field Office2 Know Your Rights California School Employees Association Orange Field Office

Employment gives health, sobriety, and morals. Constant

employment and well-paid labor produce general

prosperity, content, and cheerfulness.

- Daniel Webster

CSEA Orange Field Office 2

Know Your

Rights

California School Employees Association

Orange Field Office


WagesWages

Classified Employees’

Earned Wages Are Their Property!

Classified Employees’

Earned Wages Are Their Property!

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Classified employees must receive their pay at least once a month.

Classified employees must receive their pay at least once a month.

Errors in salary must be corrected within five days following the verification of an error.

Errors in salary must be corrected within five days following the verification of an error.

Once you have earned your wages, you are entitled to receive them in full. You must be compensated for all hours worked. This includes all time you are on duty.

Once you have earned your wages, you are entitled to receive them in full. You must be compensated for all hours worked. This includes all time you are on duty.

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Upon initial employment or change in classification, classified employees must receive a copy of their job description, salary data, work location, work hours and work week.


You must accrue at least 5/6 of a day for each month you are in paid status.

After the initial six months of employment vacation becomes a vested right.

Classified Employees

Are Entitled to Vacation


Classified Employees Are Entitled To Holidays

All classified employees are entitled to eleven paid holidays provided they are in paid status during any portion of the working day immediately preceding or succeeding the holiday.

Classified employees are entitled to any day declared by the governor or president as a day of public fast, thanksgiving or holiday.



Mandatory holidays are: New Years Day, Martin Luther King Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Fourth of July, Labor Day, Admission Day, Veterans Day, Thanksgiving and Christmas.

Mandatory holidays are: New Years Day, Martin Luther King Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Fourth of July, Labor Day, Admission Day, Veterans Day, Thanksgiving and Christmas.

“Take full account of what excellencies which you possess, and in gratitude remember how you would hanker after them, if you had them not.”

- Marcus Aurelius


Classified Employees Are Entitled To

Sick Leave Classified employees are entitled

to twelve days leave of absence for illness or injury with full pay, for a fiscal year of service.

Sick leave is prorated for those employees who work less than full time.

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New employees are entitled to six days of sick leave for the first six months of employment.

The district must carry over into the new fiscal year all unused sick leave.

Sick leave is not a property right but can be transferred from one district to another and used to augment your PERS retirement.


Classified employees are entitled to additional sick leave for a period of up to five months, which runs concurrently with accrued sick leave.

Utilization of sick leave during this period could result in a salary deduction equal to an amount paid a substitute employee to fill your position during your absence.

Classified Employees Are

Entitled To Additional Sick

Leave


Classified employees may be entitled to 100 half-days of sick leave instead of the five months.

Classified employees are entitled to medical leave under the FMLA and CFLA.


Personnel Files and Related Matters

Personnel Files and Related Matters

Your personnel file is defined by law as any files, papers, records or other materials which may serve as a basis for affecting the status of your employment.

Your personnel file is defined by law as any files, papers, records or other materials which may serve as a basis for affecting the status of your employment.


You are not entitled to see ratings, reports, or information obtained prior to your employment and/or tests which would identify the person responsible for conducting the employment exam.

You are not entitled to see ratings, reports, or information obtained prior to your employment and/or tests which would identify the person responsible for conducting the employment exam.

Classified employees have the right to see their personnel files.

Classified employees have the right to see their personnel files.


• Personnel Files kept by supervisors are not an

employee’s official personnel file.

• Personnel Files kept by supervisors are not an

employee’s official personnel file.

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Classified Employees Are Entitled to

Leaves of Absence for

Industrial Accident and Illness

When an employee has suffered an industrial accident or illness, such employee shall be entitled to a paid leave of absence for not less than 60 working days in any one fiscal year for the same accident .


Industrial accident or illness leave may be coordinated with a workers compensation award.

Contact your Labor Relations Representative to insure your rights are protected.


Bereavement leave is either three days or five days if out of state travel is required.

Classified employees are entitled to bereavement leave for a death of an immediate family member.

“Immediate family member” is usually defined in your collective bargaining agreement.

Bereavement leave rights may be expanded via the negotiations process.

Bereavement leave is either three days or five days if out of state travel is required.

Classified employees are entitled to bereavement leave for a death of an immediate family member.

“Immediate family member” is usually defined in your collective bargaining agreement.

Bereavement leave rights may be expanded via the negotiations process.


Bereavement Leave

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Classified Employees May Be

Entitled To Pregnancy

and/or Family Medical Leave Leaves of absence for this purpose may or may not

be with pay.

Classified employees may also be entitled to twelve weeks of paid or unpaid leave each calendar year for care associated with the birth or adoption of a child, the placement of a foster child and care of a family member who is seriously ill. Health and welfare benefits must be provided during the leave on the same basis as if the employee were actively employed. Check your collective bargaining agreement.



Personal Leave Classified employees can use up to seven days

of sick leave for reasons of personal necessity.

Personal necessity can be used to expand bereavement leave, family care leave, to appear in any administrative forum, or when there has been an accident involving the employee, his/her property, or a member in their immediate family.

Check your collective bargaining agreement.


Classified Employees Are

Entitled To

Jury Duty Leave

Employees are generally required to turn into the district any juror pay received.

It is illegal for the district to directly or indirectly suggest that an employee seek an exemption from jury service.

Employees are generally required to turn into the district any juror pay received.

It is illegal for the district to directly or indirectly suggest that an employee seek an exemption from jury service.


This provision applies when there is a declared national or state emergency.

Within six months of honorable discharge, the employee is entitled to return to their position with the district.

This provision applies when there is a declared national or state emergency.

Within six months of honorable discharge, the employee is entitled to return to their position with the district.

Public Employees Are Entitled To

Military Leave


Discipline and Due ProcessEmployees Have The Right To Due Process

Employees may only be discharged for “cause”.

Employees have a property right to continuing employment in their classification.


Employees Must Receive Notice of Disciplinary Action Merit System districts have personnel

commission rules that govern the discipline process.

Employees Have The Right To Be Represented

In any meeting that could lead to

discipline, by their union or attorney.

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Sexual

Harassment Defined as any Unwelcome or Unwanted Sexual

Attention

...makes an employee feel uncomfortable and causes problems on the job

…requests for sexual favors and other continuous verbal or physical conduct of a sexual nature

… made either explicitly or implicitly as a term or condition of employment

… submission to or rejection of such conduct is used as the basis of employment decisions

… must be severe and pervasive enough to interfere with work performance

A great pleasure in life is doing what people say you cannot do.

- Walter Bagehot



Cannot be Denied Employment - Advancement for DISCRIMINATORY

REASONS


Cannot be Denied Employment - Advancement for DISCRIMINATORY

REASONS

• ... age, ancestry, disability, marital status, nationality, national origin, race, religion, sex, sexual orientation are protected

• … cannot be asked and do not have to answer questions about.

• … enforced through contract, EEOC (federal) and DFEH (state) Agencies

• … involve your Labor Relations Representative early

• Title VII of the Civil Rights Act (1964) and others.

• ... age, ancestry, disability, marital status, nationality, national origin, race, religion, sex, sexual orientation are protected

• … cannot be asked and do not have to answer questions about.

• … enforced through contract, EEOC (federal) and DFEH (state) Agencies

• … involve your Labor Relations Representative early

• Title VII of the Civil Rights Act (1964) and others.

Hours of Employment

Classified Employees Workweek and Workday Must Be Set Upon Employment

The district cannot alter the workweek or workday without fully negotiating the change with the exclusive representative.

The workweek may be no more than 40 hours and the workday no more than 8 hours unless an agreement for an alternative workweek schedule (A “4/10” or “9/80”.) has been negotiated.

Full time employees are entitled to a duty free meal period of not less than one half hour which shall occur near the midpoint of their shift.

Hard things are put in our way, not to stop us, but to call out our courage and strength. - Anonymous


Classified Employees Must Receive 45 Days Notice

Classified Employees Must Be Laid Off Based On Length of Service

Length of service can be based on their total hours in paid status or by date of hire.

Check your collective bargaining agreement.

Classified Employees May Have Displacement (“Bumping”) Rights

Laid Off Employees Are Entitled to Reemployment

Employees May Elect Retirement In Lieu of Layoff

“My centre is giving way, my right is in retreat; situation excellent. I shall attack.”

- Marshall Ferdinand Foch (1851-1929), supreme commander of allied forces in 1918.


Collective Bargaining

Rights

Classified Employees Have the Exclusive Right ...

... to form join and participate in the activities

of CSEA ...

…to be represented by CSEA in meetings

…


… to negotiate over wages, hours and

working conditions as a CSEA bargaining

unit …

District cannot negotiate with

individual employees

… to file Unfair Labor Practice Charges

with PERB …

District cannot threaten, retaliate,

interfere, or coerce because of

Union activity


Classified employees must be paid at one and one half times their regular rate of pay for all work “suffered or permitted” (allowed) in excess of 8 hours in a day and/or in excess of 40 hours in a week.

Less than full time employees must be paid for all time up to 8 hours in a day and 40 hours in a week at their regular rate of pay.

Classified employees may chose compensatory time (“comp time”) in lieu of paid overtime up to a maximum accumulation of 240 hours of ‘comp time’.

An employee cannot volunteer to work in his/her own classification.

Classified Employees Have a Right

To Overtime Pay


Health and

Safety

Public Employees

Are Entitled To a Safe

and Healthful Workplace

The district must provide and promote the use of safety devices and safeguards.

The district must do everything reasonable to protect employees’ lives, safety and health.

The employer must comply with CAL-OSHA standards.

Employees have the right to ask CAL-OSHA to inspect their workplace

Employees have the right to refuse to do unsafe work under certain conditions


Public Employees Must Be Covered By Workers Compensation Insurance

Workers Compensation covers employees with work related injuries or illnesses.

The cost of this insurance must be paid entirely by the employer.

WORKERS COMPENSATION


Public Employees Must File Workers Compensation Claims In A Timely

Manner

Claims must be filed within one year of the injury or accident.

Give the district written notice within 30 days of the occurrence.

Employees may pre-designate their treating physician.

The gem cannot be polished without friction, nor man perfected without trials.

-Chinese proverb

If the District has the legal power to lay off employees what can we do about it?

What power do we have to prevent the District from harming our members?

Tools and Techniques to Build Chapter Power and Empower CSEA Members to Protect Jobs and Prevent Districts from Balancing their Budgets on the Backs of Classified Employees.

Organizing to

Accomplish Our Goals

The Stages of a Direct Action Issue Campaign

Power is Built Through a Direct Action Issue Campaign By:

Members input Member Input (one-on-one/survey)

Strategic Planning Evaluate Member Input Identify Member Goals Tactics To Support Strategy


Chapter Develops a Strategy to Win the Issue

Identify The Target (Decision Maker/Opinion Leader)

Will The Members Support The Strategy? What Are Members Willing To Do

To Accomplish Chapter Goals? (Comfort Zone)

What Will A “Win” Look Like?

Plan Tactics to Support the Strategy

Member Education/Activism Job Actions Educate Public Focus On The Target


Stage Direct Encounters With the Decision Maker

Regular (Coffee) Meetings With Board Members Board Meetings Educate Others (Public, Parents, Unions,) Job Actions (Buttons, Bumper Stickers, Pickets) Media (Radio, Newspapers, Etc.)

Build Our Union Regular Member Input (Site Meetings, Surveys) Recruit And Train Volunteers Service Fee Conversions Victory Club Member Activists Voter Registration

Win, Regroup, Next Campaign


What Resources Do We Have?

• Site Representatives – Who are they?– Where are they?– How do we contact them?

• Job Stewards– Who are they?– Where are they?– How do we contact them?

• Member Activists• Chapter Leaders• Labor Relations

Representatives• Organizer• Field Office

• Site Representatives – http://pylcsea.com

• Chief Job Steward – Ray Tschudy

[email protected]• Chapter Leaders• President

- Ally Holt [email protected]

• Field Office http://www.cseaoc.com 326 West Katella Avenue, Suite E

Orange, CA 92867-4756(714) 532-3766/(800) 564-9979FAX (714) 771-8412

More Resources

• Field Office Trainings– Job Steward

• Chapter Training– Know Your Rights– Site Rep– Volunteer recruitment– Working With Coalitions ( Other

Chapters, Parents, CTA, Etc.)– Developing Literature/Messaging– Dealing With Job Stress

• What Happens to The Work?• What Rights Do We Have?

– Developing Chapter Strategic Action Plan

• Fight This Fight

• Organize Our Members

• Build A Stronger Union

• Protect Our Interests

• Weather This Storm

• Win

Documents

CSEA Orange Field Office2 Know Your Rights California School Employees Association Orange Field Office