Ratification of the Collective Bargaining Agreement between the

Pacifica School District
375 Reina Del Mar Avenue • Pacifica CA • 94044
MEMORANDUM
Administrative Services
TO: Susan Vickrey, Superintendent
for Members, Board of Trustees
FROM: Josephine Peterson, Chief Business Official
Agenda Item: 8d
Meeting of 4/14/2010
SUBJECT: Ratification of the Collective Bargaining Agreement between the Pacifica
School District and California School Employees Association Chapter 128
(Action)
Recommendation
It is recommended that the Board ratify the Collective Bargaining Agreement between the
Pacifica School District and the California School Employees Association Chapter 128.
Background
The July 1, 2009 – June 30, 2012 Collective Bargaining Agreement (Contract)
between the Pacifica School District (PSD) and the California School Employees
Association Chapter 128 (CSEA) has been approved by CSEA.
The only change in the contract is Article 16 Evaluation Procedures. The District and
CSEA mutually agreed to change timelines for evaluation procedures.
Approved for Board Presentation

Revised 11/09
/bd
Collective Bargaining Agreement
Between the
Pacifica School District
and the
California School Employees Association
Chapter 128
JULY 1, 2009 – JUNE 30, 2012

ARTICLE 1 - AGREEMENT ...................................................................................................................................... 5
ARTICLE 2 - EFFECT OF AGREEMENT ............................................................................................................... 6
2.1 COMPLETE UNDERSTANDING ........................................................................................................................... 6
ARTICLE 3 - SAVINGS PROVISION ....................................................................................................................... 7
ARTICLE 4 - RECOGNITION ................................................................................................................................... 8
4.1 RECOGNITION ................................................................................................................................................... 8
4.2 BARGAINING UNIT POSITION ............................................................................................................................ 8
4.3 EXCLUSIVE REPRESENTATIVE .......................................................................................................................... 8
ARTICLE 5 - UNION RIGHTS................................................................................................................................... 9
5.1 RIGHT TO JOIN/NO DISCRIMINATION ................................................................................................................ 9
5.2 UNION COMMUNICATIONS ............................................................................................................................... 9
5.3 USE OF FACILITIES ........................................................................................................................................... 9
5.4 UNION MEETINGS ............................................................................................................................................. 9
5.5 UNION REPRESENTATIVES ................................................................................................................................ 9
5.6 BOARD AGENDA .............................................................................................................................................. 9
5.7 INFORMATION ................................................................................................................................................ 10
ARTICLE 6 - DISTRICT RIGHTS ........................................................................................................................... 11
ARTICLE 7 - GRIEVANCE PROCEDURE ............................................................................................................ 12
7.1 PURPOSE ........................................................................................................................................................ 12
7.2 DEFINITIONS ................................................................................................................................................... 12
7.3 PROCEDURE .................................................................................................................................................... 12
7.4 GENERAL PROVISIONS .................................................................................................................................... 15
ARTICLE 8 - HOURS OF EMPLOYMENT ........................................................................................................... 17
8.1 WORK ASSIGNMENTS ..................................................................................................................................... 17
8.2 WORKDAY ..................................................................................................................................................... 17
8.3 MEAL PERIODS ............................................................................................................................................... 18
8.4 REST PERIODS ................................................................................................................................................ 18
8.5 CALL BACK TIME ........................................................................................................................................... 19
8.6 OVERTIME PAY .............................................................................................................................................. 19
8.7 WORK YEAR FOR CLASSIFIED EMPLOYEES ASSIGNED LESS THAN TWELVE MONTHS PER YEAR .................. 20
8.8 PAID HOLIDAYS ............................................................................................................................................. 20
8.9 TRANSPORTATION .......................................................................................................................................... 20
ARTICLE 9 - VACATION ........................................................................................................................................ 22
9.1 ELIGIBILITY FOR EARNED VACATION ............................................................................................................. 22
9.2 ACCRUAL RATES OF VACATION ..................................................................................................................... 22
9.3 VACATION APPROVAL .................................................................................................................................... 22
9.4 VACATION SCHEDULES FOR EMPLOYEES CRITICAL TO OPERATION OF SCHOOLS ........................................... 22
9.5 VACATION COMPENSATION FOR ELEVEN AND TWELVE MONTH EMPLOYEES ................................................ 23
9.6 VACATION FOR LESS THAN TWELVE MONTH EMPLOYEES ............................................................................. 23
9.7 VACATION ADVANCE ..................................................................................................................................... 23
9.8 MAXIMUM VACATION ACCUMULATION ......................................................................................................... 23
9.9 VACATION POSTPONEMENT WHILE ON LEAVE ............................................................................................... 23
9.10 HOLIDAY PAY DURING VACATION ................................................................................................................. 23
9.11 INTERRUPTION OF VACATION ......................................................................................................................... 23
9.12 VACATION PAY UPON TERMINATION ............................................................................................................. 24
ARTICLE 10 - COMPENSATION ........................................................................................................................... 25
10.1 COMPENSATION PHILOSOPHY ......................................................................................................................... 25
10.2 COMPENSATION PACKAGE ............................................................................................................................. 25
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10.3 PAYMENT PROCEDURES ................................................................................................................................. 26
10.4 INSURANCE BENEFITS .................................................................................................................................... 27
10.5 IRC CASH BACK BENEFIT PLAN ..................................................................................................................... 27
10.6 IRC 125 ......................................................................................................................................................... 29
10.7 DISTRICT CONTRIBUTION FOR CALPERS HEALTH INSURANCE ...................................................................... 29
10.8 LONGEVITY .................................................................................................................................................... 30
10.9 WORK OUT OF CLASSIFICATION ..................................................................................................................... 31
10.10 INSTRUCTIONAL AIDES .................................................................................................................................. 32
10.11 STEP PLACEMENT UPON DEMOTION .............................................................................................................. 32
10.12 STEP PLACEMENT UPON PROMOTION ............................................................................................................. 32
10.13 “Y” RATING INCUMBENTS ............................................................................................................................. 32
10.14 TIME OF SALARY PAYMENT ........................................................................................................................... 32
ARTICLE 11 - EMPLOYEE EXPENSES AND MATERIALS ............................................................................. 34
11.1 UNIFORMS AND SAFETY EQUIPMENT.............................................................................................................. 34
11.2 TOOLS ............................................................................................................................................................ 34
11.3 PHYSICAL EXAMINATION ............................................................................................................................... 34
11.4 REIMBURSEMENT FOR MILEAGE ..................................................................................................................... 34
11.5 DISTRICT PAID FEES ....................................................................................................................................... 34
11.6 MEAL AND OVERNIGHT EXPENSES ................................................................................................................. 35
ARTICLE 12 - LEAVES ............................................................................................................................................ 36
12.1 GENERAL STATEMENT ................................................................................................................................... 36
12.2 PROCEDURES FOR REQUEST AND APPROVAL OF LEAVE ................................................................................. 36
12.3 BENEFITS WHILE ON LEAVE ........................................................................................................................... 36
12.4 OUTSIDE EMPLOYMENT DURING LEAVE ........................................................................................................ 36
12.5 ASSIGNMENT ON RETURN TO WORK .............................................................................................................. 36
12.6 NOTICE REQUIRED TO RETURN TO WORK ...................................................................................................... 37
12.7 LEAVE OF ABSENCE WITH PAY ...................................................................................................................... 37
12.8 LEAVES OF ABSENCE WITHOUT PAY .............................................................................................................. 46
ARTICLE 13 - SICK LEAVE BANK ....................................................................................................................... 48
13.1 DEFINITION .................................................................................................................................................... 48
13.2 ASSOCIATION COMMITTEE ............................................................................................................................. 48
13.3 APPLICATION TO USE ..................................................................................................................................... 48
13.4 EMPLOYEE DONATIONS .................................................................................................................................. 48
13.5 ALLOCATION OF DAYS TO EMPLOYEE ............................................................................................................ 48
13.6 CHARGE OF USED TIME TO SICK LEAVE BANK .............................................................................................. 48
ARTICLE 14 - TRANSFER PROCEDURES .......................................................................................................... 49
14.1 DEFINITION .................................................................................................................................................... 49
14.2 UNIT MEMBERS DISTRICT EMPLOYEES .......................................................................................................... 49
14.3 EMPLOYEE INITIATED TRANSFER ................................................................................................................... 49
14.4 EMPLOYER TRANSFERS .................................................................................................................................. 49
14.5 TIMELINE FOR SCHOOL YEAR ASSIGNMENTS ................................................................................................. 50
14.6 RETENTION OF BENEFITS ................................................................................................................................ 50
14.7 FAIRNESS ....................................................................................................................................................... 50
14.8 MILEAGE COMPENSATION DURING TEMPORARY ASSIGNMENTS .................................................................... 50
ARTICLE 15 - SAFETY ............................................................................................................................................. 51
15.1 EMPLOYEE REPORTS OF UNSAFE CONDITIONS ............................................................................................... 51
15.2 TIMELINE ....................................................................................................................................................... 51
15.3 SAFETY COMMITTEE ...................................................................................................................................... 51
15.4 ACCIDENT REPORTS ....................................................................................................................................... 51
ARTICLE 16 - EVALUATION PROCEDURES ..................................................................................................... 52
16.1 PHILOSOPHY ................................................................................................................................................... 52
16.2 EVALUATORS ................................................................................................................................................. 52
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16.3 WHEN EVALUATED ........................................................................................................................................ 52
16.4 DISTRICT RESPONSIBILITIES ........................................................................................................................... 53
16.5 REQUEST TO REVIEW EVALUATION ................................................................................................................ 53
16.6 UNION RESPONSIBILITIES ............................................................................................................................... 53
16.7 PROCEDURE .................................................................................................................................................... 53
16.8 PERSONNEL FILES .......................................................................................................................................... 54
ARTICLE 17 - PROMOTION ................................................................................................................................... 55
17.1 FIRST CONSIDERATION ................................................................................................................................... 55
17.2 APPOINTMENT ................................................................................................................................................ 55
17.3 POSTING OF NOTICES ..................................................................................................................................... 55
17.4 NOTICE CONTENTS ......................................................................................................................................... 55
17.5 FILING ............................................................................................................................................................ 55
17.6 DISTRIBUTION OF JOB INFORMATION ............................................................................................................. 56
ARTICLE 18 - LAYOFF AND REEMPLOYMENT .............................................................................................. 57
18.1 REASON FOR LAYOFF ..................................................................................................................................... 57
18.2 DEFINITION OF CLASS .................................................................................................................................... 57
18.3 SENIORITY ...................................................................................................................................................... 57
18.4 NOTICE TO EMPLOYEES .................................................................................................................................. 57
18.5 ORDER OF LAYOFF ......................................................................................................................................... 57
18.6 DISPLACEMENT RIGHTS ................................................................................................................................. 58
18.7 REEMPLOYMENT RIGHTS ................................................................................................................................ 58
18.8 MISCELLANEOUS PROVISIONS ........................................................................................................................ 59
18.9 HEALTH BENEFIT CONTINUATION UPON RESIGNATION OR LAYOFF ............................................................... 59
ARTICLE 19 - ORGANIZATIONAL SECURITY ................................................................................................. 60
19.1 CHECK OFF .................................................................................................................................................... 60
19.2 DUES DEDUCTION .......................................................................................................................................... 60
19.3 NEW EMPLOYEES ........................................................................................................................................... 60
19.4 RELIGIOUS OBJECTION ................................................................................................................................... 60
19.5 DEDUCTION AND PAYMENT OF CHARITABLE CONTRIBUTIONS ....................................................................... 60
19.6 HOLD HARMLESS CLAUSE .............................................................................................................................. 61
19.7 CHANGES IN DUES AND SERVICE FEE SCHEDULE ........................................................................................... 61
ARTICLE 20 – DISCIPLINE .................................................................................................................................... 62
20.1 IMPOSITION OF DISCIPLINE FOR JUST CAUSES ................................................................................................ 62
20.2 DEFINITION .................................................................................................................................................... 62
20.3 NON-DISCRIMINATION ................................................................................................................................... 63
20.4 PROGRESSIVE DISCIPLINE............................................................................................................................... 63
20.5 NOTICE ........................................................................................................................................................... 64
20.6 PRE-DISCIPLINARY CONFERENCE (SKELLY) ................................................................................................... 65
20.7 FORMAL HEARING ........................................................................................................................................... 66
20.8 DISCIPLINARY SETTLEMENT ........................................................................................................................... 67
20.9 MISCELLANEOUS PROVISIONS ........................................................................................................................ 67
ARTICLE 21 - JOB STEWARDS ............................................................................................................................. 68
21.1 STATEMENT OF PURPOSE ................................................................................................................................ 68
21.2 METHOD OF SELECTION AND NOTIFICATION TO DISTRICT ............................................................................. 68
21.3 RELEASE TIME ............................................................................................................................................... 68
21.4 ACCESS TO WORK LOCATIONS ....................................................................................................................... 68
ARTICLE 22 – CONTRACTING OUT .................................................................................................................... 69
ARTICLE 23 - TRAINING ........................................................................................................................................ 70
23.1 IN-SERVICE TRAINING PROGRAM ................................................................................................................... 70
23.2 IN-SERVICE TRAINING TIME ........................................................................................................................... 70
ARTICLE 24 - SENIORITY ..................................................................................................................................... 71
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24.1 SENIORITY IN A CLASSIFICATION .................................................................................................................... 71
24.2 DATE OF HIRE ................................................................................................................................................ 71
24.3 EMPLOYEES HIRED BEFORE JUNE 17, 1992 .................................................................................................... 71
24.4 REEMPLOYMENT AND RECALL RIGHTS .......................................................................................................... 71
ARTICLE 25 - GENERAL COMPLAINT PROCEDURE ..................................................................................... 72
25.1 PURPOSE ........................................................................................................................................................ 72
25.2 DEFINITIONS ................................................................................................................................................... 72
25.3 PROCEDURE .................................................................................................................................................... 72
25.4 LEVEL OF PRINCIPAL OR SUPERVISOR (LEVEL I) ............................................................................................ 72
25.5 LEVEL OF SUPERINTENDENT (LEVEL II) ......................................................................................................... 73
25.6 LEVEL OF BOARD OF TRUSTEES (LEVEL III) ................................................................................................... 73
25.7 MISCELLANEOUS PROVISIONS ........................................................................................................................ 73
ARTICLE 26 -PROFESSIONAL GROWTH INCREMENT (PGI) PROGRAM .............................................. 75
ARTICLE 27 - VACANCIES ................................................................................................................................... 77
27.1 VACANCY NOTIFICATION ............................................................................................................................... 77
27.2 QUALIFYING PROCESS .................................................................................................................................... 77
27.3 SELECTION PROCESS ...................................................................................................................................... 78
27.4 SELECTION COMMITTEE ................................................................................................................................. 78
ARTICLE 28 - PROBATIONARY PERIOD ......................................................................................................... 80
ARTICLE 29 - RECLASSIFICATION ................................................................................................................... 81
ARTICLE 30 - STATUS OF EMPLOYMENT ........................................................................................................ 83
APPENDICES
A. BARGAINING UNIT CLASSIFICATIONS
B. CLASSIFIED JOB FAMILIES, JOB TITLES, RANGES, AND ASSIGNED WORKDAYS
C. CSEA HOLIDAYS
D. SALARY SCHEDULE “A” FOR EMPLOYEES PARTICIPATING IN PERS
E. SALARY SCHEDULE “B” FOR EMPLOYEES NOT PARTICIPATING IN PERS
F. INSURANCE BENEFITS CAPS
G. CALPERS MEDICAL INSURANCE OPTIONS AND RATES
H. CAPPED ANNUITY
I. SELECTION OF PREDESIGNATED PROVIDER FORM (WORKERS’ COMPENSATION)
J. D.O. 290 REQUEST FOR TRANSFER – CLASSIFIED
K. CLASSIFIED SUPPLEMENTAL APPLICATION FOR REGULAR DISTRICT EMPLOYEES
L. REQUEST FOR IN-SERVICE TRAINING – CLASSIFIED
M. GRIEVANCE STATEMENT FORM – FORMAL LEVEL 1
N. LANGUAGE OF SECTION 45103.1
O. APPLICATION FOR APPROVAL OF COURSES
P. EMPLOYEE ABSENCE REPORT
Q. ATTENDANCE AT CONFERENCES, WORKSHOPS AND MEETINGS
R. PUPIL TRANSPORTATION DIFFERENTIAL
SIDE LETTERS
Copies of any Side Letter agreed to between the District and CSEA can be obtained from either
the Chief Business Official or any of the CSEA Board Members.
4

ARTICLE 1 - AGREEMENT
1.1 This Agreement is made and entered into this 1st day of June, 2009, between the Board of
Trustees of the Pacifica School District (hereinafter referred to as “District”) and the
California School Employees Association and its Pacifica Chapter No. 128 (hereinafter
referred to as “Union”), as provided for in Government Code Section 3544, et. seq.
1.2 During the term of this Agreement, the District and the Union regard this Agreement as
complete, covering the obligation to meet and negotiate unless the parties mutually agree
to discuss a topic and make a change. Also, it is understood that a subsequent Agreement
may be negotiated while the current Agreement is in effect.
1.3 The District and the Union both enter into this Agreement in good faith and agree that
during the term of the Agreement neither party will sponsor or participate in any activities
that will interfere with the operations of the District (i.e., lockout, strike, work stoppage,
slowdown, whether such acts be related to sympathy with another group of employees or
be related to matters wholly within the District) with the exception of the period of the
reopener.
1.4 This Agreement shall remain in full force and effect from July 1, 2009, up through and
including June 30, 2012. Nothing herein shall preclude a negotiated wage increase being
retroactive to July 1. Further, that it be agreed to have automatic annual reopeners for
Article 10, Compensation. Moreover, each party agrees to allow one additional reopener
annually during the course of the Contract. The parties may mutually agree to additional
reopeners.
1.5 The District shall print copies of the contract for distribution to unit members within sixty
days of ratification by the parties.
5

ARTICLE 2 - EFFECT OF AGREEMENT
2.1 Complete Understanding
Complete Understanding: The District and the Union mutually agree that the terms and
conditions set forth in this Agreement represent the full and complete understanding and
commitment between the parties. The terms and conditions may not be altered, changed,
added to, deleted from, or terminated and supersedes those past practices, agreements,
procedures, traditions and rules or regulations inconsistent with any matters covered
herein. The parties agree that during the negotiations which culminated in this Agreement,
each party enjoyed and exercised without restraint, coercion, intimidation or other
limitation, the right and opportunity to make demands and proposals and counterproposals
with respect to any matter not reserved by a policy or law from compromise through
negotiations and that the understanding and agreements arrived at after the exercise of that
right and opportunity are set forth herein.
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ARTICLE 3 - SAVINGS PROVISION
3.1 If any provision of this Agreement or any application thereof to any classified employee is
held by a court of competent jurisdiction to be contrary to law, then such provision or
application will be deemed invalid, to the extent required by such court decisions, but all
other provisions or applications shall continue in full force and effect.
3.2 The District agrees to inform the Union in writing of any change in the enforcement of
this Agreement or either party's rights and duties under it necessitated by a decision of a
court of competent jurisdiction or by California State or United States Federal statutory
enactments.
3.3 Maintenance of Standards
Except as otherwise provided herein, the District shall not, during the term of this
Agreement, change those written policies, regulations or district wide standard practices
which fall within the scope of bargaining without prior notification to and negotiations
with the Union.
7

ARTICLE 4 - RECOGNITION
4.1 Recognition
The District recognizes the Union as the exclusive representative for the classified
employees as defined in the unit to be appropriate by Board action previously adopted and
certified to the PERB on May 7, 1976.
4.2 Bargaining Unit Position
Pursuant to the rules of PERB, all current bargaining unit classifications (Appendix A),
except those that are lawfully designated by the Board as management, confidential, or
supervisory shall be assigned to the bargaining unit. Should other classifications be
established during the terms of this contract they shall be added to the unit. The
bargaining unit classifications are incorporated by reference herein. Disputed cases shall
be submitted to the PERB for resolution.
4.3 Exclusive Representative
The Union shall represent the classified employees in their employment relations with the
District. No other group, or organization, or representative thereof shall be recognized or
permitted to engage on behalf of any classified employee included in the bargaining unit
in any activities concerning wages, hours, or terms and conditions of employment.
8

ARTICLE 5 - UNION RIGHTS
5.1 Right to Join/No Discrimination
Every classified employee employed in the bargaining unit shall have the right freely to
join and support the Union activities for the purposes of engaging in collective bargaining
or negotiations with the Employer. Neither the Employer nor the Union will, directly or
indirectly, unlawfully discourage, deprive, or coerce any classified employee in the
enjoyment of any rights relating to his/her rights to engage or not engage in Union
Activities on non-duty time except as provided for in this contract.
5.2 Union Communications
The Union shall have the right to post notices of activities in matters of Union concern on
any employee organization bulletin board, at least one of which shall be provided at each
school site, the District Office and the Maintenance building. The Union shall be
permitted to use the District inter-school mail service and employee mailboxes for
communications to classified employees regarding matters with which the Union is
lawfully involved. Items placed in school mail must be signed by the responsible
individual or organization.
5.3 Use of Facilities
The Union shall be given the same rights as other school/community organizations in the
use of school buildings and equipment.
5.4 Union Meetings
The second Wednesday of each month shall be designated as CSEA Chapter 128 meeting
night. All buildings will be closed to community use that evening to enable all chapter
members to attend.
5.5 Union Representatives
The CSEA agrees that authorized representatives of the Union shall conduct normal Union
business at times other than the representative employee’s working hours. Authorized
Union representatives shall have access to employee work locations, providing there is not
interference with the work responsibilities of the employee and the procedures for
acknowledging presence in the building required of all citizens are followed. The Union
shall provide a means of identifying all individuals who are duly authorized
representatives of the Union.
5.6 Board Agenda
The District shall place on the agenda at each regular Board meeting under the appropriate
order of business any matters brought to its consideration by the Union, provided that the
item is received by the District by closing time for placing items on the agenda, as
provided in Board policy, or without such notice if both parties agree that an emergency
situation exists. Two copies of the agenda and non-confidential supporting materials will
9

e provided the Union at least 48 hours in advance of a Board meeting. The copies shall
be provided, one each, to the CSEA president and vice president.
5.7 Information
The District shall, upon written request, provide information of a non-confidential nature,
including copies of each version of the District budget, proposed policies and
amendments, administrative regulations and other public documents necessary for the
Union in its role as the exclusive representative.
5.7.1 Requests for Information
Requests for non-confidential information may come only from the President of
CSEA Chapter 128. The District shall comply with requests for information within
ten working days following receipt of the request, or will inform the President of
CSEA Chapter 128 within five additional days why it is not possible to do so and
the approximate date for his/her receipt of requested information.
5.7.2 List of Bargaining Unit Employees
The District, shall, upon written request, provide the Union with a complete list of
all bargaining unit employees by classification, hire date, and job site within thirty
days of the effective date of this Agreement. The District shall also provide the
Union with a current listing of additions and deletions to the bargaining unit upon
request.
5.7.3 List of Bargaining Unit Classifications
The District shall, upon written request, provide the Union with a list by
classification showing placement of classified employees on the salary schedule as
of the first of October each year.
5.7.4 Copy of Agreement
The District shall provide each bargaining unit member a copy of the contract and
any written changes agreed to by the parties within sixty days after its final
execution with charge. Any employee who becomes a member of the bargaining
unit after execution of this contract shall be provided a copy of the contract within
ten days of employment.
10

ARTICLE 6 - DISTRICT RIGHTS
It is understood and agreed that the District has all the customary and usual rights, powers,
functions, and authority to discharge its obligations. Any of the rights, powers, or authority which
the District had prior to the execution of this Agreement are retained except as those rights,
powers, and functions or authority are specifically abridged or modified by this Agreement or by
any supplement to this agreement arrived at through the process of collective bargaining.
11

ARTICLE 7 - GRIEVANCE PROCEDURE
7.1 Purpose
The purpose of this procedure is to provide for the prompt and equitable resolution of
grievances in the interpretation and/or the application of this Agreement, preferably at the
lowest possible level.
7.2 Definitions
A “grievance” is a complaint or a written allegation by CSEA or any one or more
employees that the party has been adversely affected by an unsatisfactory adjustment or
failure to adjust a claim or dispute concerning a violation, misinterpretation or
misapplication of any specific section(s) or article(s) of this Agreement or Administrative
Regulation Complaint Procedure No. 4004.
7.2.1 Grievant
A “grievant” is an employee, group of employees or the Union covered by this
Agreement who claim having been adversely affected by a violation,
misinterpretation or misapplication of this contract, and who file a grievance.
7.2.2 Conferee
7.2.3 Day
A “conferee” is a person chosen by either or both parties, but is not a party to the
grievance.
A day is any day in which the District Office is open for business.
7.2.4 Immediate Supervisor
7.3 Procedure
An “immediate supervisor” is that lowest level administrator having immediate
jurisdiction over the grievant who has been designated by the Employer to adjust
grievances.
The grievant(s) shall be entitled to request representation by the Union at all levels of this
procedure. When Union representation is requested, the Chairperson of the Union
Grievance Committee shall be provided a copy of the written grievance statement and
written responses and/or appeals at each level of the procedure. In grievances where the
Union does not represent the grievant(s), the District shall not agree to a final resolution of
the grievance until the Union has received a copy of the grievance and the proposed
resolution and has been given the opportunity to file a response.
12

7.3.1 Informal
Initially, before filing a written grievance, the grievant(s) shall attempt to resolve
the matter by an informal conference with his/her immediate supervisor either
directly or through the grievant’s(s’) representative.
7.3.2 Level of Immediate Supervisor (Level I)
If the informal discussion does not resolve the grievance, the grievant(s) shall
submit a statement of his/her grievance in writing to his/her immediate supervisor
or the classified grievance-form (Appendix M) within twenty working days
following the act or omission giving rise to the grievance. This statement shall
include: the section of this Agreement alleged to have been violated; the
circumstances on which the grievance is based; the persons involved; the decisions
rendered at the informal conference; the remedy sought; an outline of actions taken
to adjust the grievance. Classified grievance forms shall be available at the
District Office and each job site.
7.3.2.1 Conference
Either grievant(s) or the immediate supervisor shall have the right to
request a conference in order to resolve the grievance. Either party to the
conference may bring a Union representative or conferee of his/her choice,
provided reasonable prior notification is given.
7.3.2.2 Communication of Decision
The immediate supervisor shall communicate his/her decision to the
grievant(s) and the Union in writing within five working days after
receiving the written grievance.
7.3.3 Level of Superintendent (Level II)
The grievant(s) may appeal in writing a Level I decision to the Superintendent
within five working days after receiving the Level I decision. The appeal shall
utilize the grievance form (Appendix M) and include a copy of the original
grievance, the decision rendered at Level I, and a clear concise statement of the
reason for the appeal to Level II. A copy of the appeal shall be furnished by the
grievant(s) to his/her immediate supervisor, who shall forward the appeal and a
report to the Superintendent.
7.3.3.1 Conference
The Superintendent or the grievant(s) may request in writing that a
personal conference be held before the Level II decision is rendered by
the Superintendent. The Superintendent may send a designated
representative in lieu of personal attendance at this conference. Either
party to the conference may bring a Union representative or conferee of
his/her choice, provided reasonable prior notification is given.
13

7.3.3.2 Communication of Decision
The Superintendent shall communicate in writing his/her decision to the
grievant(s) and the Union within five working days after receiving the
appeal.
7.3.4 Level of Board of Trustees (Level III)
If the grievance is not satisfactorily resolved at Level II, or if the time limits expire
without issuance of the Superintendent's or designee's written reply, the grievant(s)
may utilize the grievance form (Appendix M) and to request to the Superintendent a
hearing before the Board of Trustees within ten working days after receipt of the
Level II decision or expiration of the timelines.
7.3.4.1 Requirements for Appeal to Board of Trustees
The appeal shall include a copy of the original grievance, the decisions
rendered at Levels I and II, and a clear concise statement of the reasons for
the appeal to Level III and the remedy sought.
7.3.4.2 Timelines for Hearing and Notification
The Board of Trustees shall hear the grievance within twenty working days
after receipt of the appeal. The Board of Trustees shall render a decision in
writing to the parties in interest within ten working days following the
hearing. A copy of the Board's decision shall be sent to the grievant(s) and
to the Union.
7.3.5 Level of Arbitration (Level IV)
If the grievant(s) is not satisfied with the disposition of the grievance at Level III, the
Union, within ten working days, may submit the grievance to arbitration. The Union
shall utilize the grievance form (Appendix M) to inform the District by certified mail
or by hand delivery to the person authorized by the District to receive such notices.
The parties shall request a list of arbitrators from the State Mediation and
Conciliation Service.
7.3.5.1 Determination of Arbitrability of Grievance
If any question arises as to the arbitrability of the grievance, such question
shall be initially ruled upon by the arbitrator.
7.3.5.2 Scope and Timelines of Arbitration Hearing
A hearing shall be held before the arbitrator at a mutually agreeable time as
soon as reasonably possible following the arbitrator's appointment. The
arbitrator shall have no authority to add to, subtract from or modify the
terms of this Agreement or make any decision which requires the
commission of any act prohibited by law or which violates the terms of this
Agreement.
14

7.4 General Provisions
7.3.5.3 Arbitrators Decision Final
The Arbitrator's decision will be in writing and will set forth the
arbitrator's findings of fact, reasoning and conclusions of the issues
submitted. The arbitrator's decision shall be final and binding.
7.3.5.4 Responsibility for Expenses Related to Arbitration Hearing
Fees and expenses of the arbitrator and court reporter shall be shared
equally by the District and the Union. All other expenses shall be borne
by the party incurring them and neither party shall be responsible for the
expenses of witnesses called by the other. If any party requests a
transcript of the proceedings, that party shall bear the full cost for that
transcript. If the parties request one transcript, the total costs of the
transcript shall be divided equally between the District and the Union.
When the parties mutually agree, confidentiality at any and all levels of the grievance
procedure shall be maintained.
7.4.1 Disclosure of Nature of Complaint and Source of Information
No employee shall be held accountable for any action or behavior based upon
information provided by an unidentified person(s), group or hearsay unless
otherwise admissible pursuant to the California Rules of Evidence.
No grievance shall be considered or acted upon against an employee unless the
complaint is first defined and the complainant is identified.
7.4.2 Adherence to Time Limits
Time limits shall commence on the first working day after receipt of written
decisions by the parties to the grievance. Time limits in these grievance procedures
may be modified by mutual agreement in writing by the parties involved. Failure
by the grievant(s) to appeal a decision within the specified time limits shall be
deemed an acceptance of the decision. Failure at any step of this procedure to
communicate the decision on a grievance to the grievant(s) within the specified
time limits shall permit lodging an appeal at the next step of the procedure within
the time allotted had the decision been given.
7.4.3 No Reprisals
There shall be no reprisals of any kind taken against any employee or his/her
authorized conferee because of their participation in the grievance procedure.
7.4.4 Maintenance of Grievance Materials
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All materials concerning an employee's grievance shall be kept in a file separate
from the employee's personnel file, which file shall be available for inspection
only by the employee, the Union representative and those management and
confidential employees directly involved in the grievance procedure.
7.4.5 Availability of Personnel File for Inspection
At times mutually convenient to the District and the employee, the employee's
personnel file shall be available for examination by the employee or Union
representative if authorized by the employee.
7.4.6 Grievance Involving Employees with Different Supervisors
If the grievance involves employees with different immediate supervisors, the
grievance may be filed at Level II.
7.4.7 Release Time
Should the scheduled conferences of any grievance require any employee to be
released from his/her regular assignment, he/she shall be so released without loss
of pay or benefits.
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ARTICLE 8 - HOURS OF EMPLOYMENT
8.1 Work Assignments
The regular workweek shall consist of five consecutive days Monday through Friday as
assigned, consisting of eight consecutive hours per day and forty hours per week exclusive
of meal period. This Article shall not restrict the extension of the regular workday or
workweek on an overtime basis when such is necessary to carry on the business of the
District.
8.1.1 Part-Time Assignment
8.2 Workday
Each Part-Time assignment shall be as designated by the District and the District
shall fix a minimum number of consecutive hours which shall consist of no less
than two hours per day.
The starting and ending times of the workday shall be designated by the District for each
classified assignment at the beginning of the school year. After the beginning of the year,
the starting and ending times may be varied by the principal or immediate supervisor for
Instructional Aides and/or Food Services workers by a maximum of two hours. The
District will meet and confer with CSEA regarding any time changes.
8.2.1 Additional Hours
When additional hours become available for Part-Time assignments on a
permanent basis, such hours shall be assigned to employees in the appropriate
classification on the basis of seniority. Employees in the same classification will
be contacted by telephone or in writing for positions as additional assignments if
the hours for the "old" and "new" positions are compatible. This paragraph shall
not apply to overtime which arises due to an emergency.
8.2.1.1 When additional hours over four hours per month become available for
Part-Time assignment on a temporary basis, such hours shall be assigned
to employees in the appropriate classifications at the work site on a
rotating basis. This paragraph shall not apply to additional hours which
arise due to an emergency. The Union shall receive notification of any
assignment of additional hours over four hours per month.
8.2.1.2 Any bargaining unit member who works a minimum of thirty minutes per
day in excess of his/her Part-Time assignment for a period of twenty or
more consecutive workdays shall have his/her assignment changed to
reflect the longer hours in order to acquire fringe benefits provided under
this contract.
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8.2.2 Summer School
Summer school positions will be offered to unit members who apply and qualify
for clerical, custodial and food services summer school positions by order of
seniority on a rotating basis, with the exception that the custodian at a summer
school site shall be given first opportunity to work the assignment. Positions
offered during summer school shall conform to regular job classifications.
8.2.2.1 If there are insufficient interested employees in the classification,
selection shall be made on the basis of seniority of employees who are
qualified to perform the duties of the position.
8.2.2.2 Permanent employees assigned for summer or recess employment in their
regular classification shall be compensated at the rate they would have
earned had the employment occurred during their regular assigned
period.
8.2.2.3 Permanent employees working on a summer or recess period assignment
in a lower classification shall be compensated at the rate equal to their
regular salary; provided that it does not exceed the maximum salary paid
for the lower classification.
8.2.2.4 Employment during summer or recess period in a higher classification
shall be compensated at the step in the salary range for the higher
classification that will provide a rate of no less than 5 percent above the
employee’s regular salary.
8.3 Meal Periods
All employees covered by this Agreement shall be entitled to a meal period after the employee
has been on duty for five hours or more. The meal period shall be no longer than one hour nor
less than one-half hour and shall be scheduled for full-time employees at or about the midpoint
of each work shift. The scheduling of the meal period will be done by mutual agreement of the
employee and immediate Supervisor at the beginning of each school year and may be changed
only by mutual agreement or in an emergency situation. Employees whose assigned hours are
not more than five hours per day may work through the designated lunch period and thereby
reduce the length of their workday, with the immediate Supervisor's approval. Employees who
work less than five hours shall not be required to take a lunch break.
8.4 Rest Periods
All employees shall be granted rest periods which, insofar as practicable to the District, shall
be near the middle of each work period. Employees shall be entitled to rest periods as follows:
• 4 - 6 hrs/day one 15 minute rest period
• over 6 - 8 hrs/day two 15 minute rest periods
Rest periods are a part of the regular workday and shall be compensated at the regular rate
of pay for the employee.
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8.5 Call Back Time
An employee called back to duty during the same day after completing a regular eight
hour shift, or on a Saturday or Sunday, shall receive a minimum compensation of two
hours at 1½ times the rate of the classification in which the time is worked. Holidays shall
be paid at 2½ times (including the regular pay for the holiday) the rate of the classification
in which the time is worked for a minimum of two hours.
8.6 Overtime Pay
Overtime is ordered and authorized working time in excess of eight hours in one day
and/or forty hours in one week. The only exception to the forty-hour workweek is that for
employees whose average workday is four hours or more the workweek shall consist of
five consecutive days with overtime rate to be paid for work on the sixth and seventh
days. Any work performed on a Sunday shall be paid at time and one-half. Work done on
a holiday shall be paid at time and one-half in addition to regular pay for the holiday.
8.6.1 Minimum Authorized Units
Overtime will be authorized in units of at least fifteen minutes.
8.6.2 Computation of Overtime Pay
For purposes of computing pay for overtime as herein above defined, holidays,
vacation, sick leave and other authorized absence from work with pay shall be
considered as time worked.
8.6.2.1 Overtime for classified employees shall be compensated at one and onehalf
times the regular rate of the classification in which the overtime is
worked for each hour of work in excess of an eight hour workday or forty
hour workweek. The employee shall have the choice of receiving cash
payment for the time worked or vacation credit at time and one-half to be
taken at a later date. When an employee is required to work on a holiday,
he/she shall be paid the regular rate, and in addition, shall be paid, or
given compensatory time off, at the rate of time and one-half of his/her
regular rate of pay. Compensatory time off may be taken at any time
mutually agreed upon.
8.6.2.2 In cases where an employee's duty hours are not consecutive (split shift),
if eight hours of assigned time are not completed within a ten hour
period, overtime rates shall apply to all time worked beyond the ten hour
period.
8.6.2.3 For purposes of defining the regular rate of pay to determine the proper
overtime rate, the District shall take the employee’s hourly rate of pay
and add any differential rates, premium rates, or longevity increments
received by the employee to arrive at the employee’s regular rate of pay
for calculating overtime.
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8.6.3 Availability of Overtime
Scheduled overtime shall be first offered on a rotating basis to bargaining unit
employees in the appropriate classification at their primary work location. If
bargaining unit employees are not available at their primary location to work
overtime than it will be offered on a rotating basis by seniority in the appropriate
classification. This paragraph shall not apply to overtime which arises due to an
emergency.
8.7 Work Year for Classified Employees Assigned Less Than Twelve Months Per Year
The work year for classified employees will be as specified in Appendix B. Modifications
to the work year shall be negotiated in consultation with CSEA.
8.7.1 Specially Funded Positions
8.8 Paid Holidays
Specially funded positions--shall begin no later than the first day of scheduled
instruction if funding is confirmed prior to this date. The work year for specially
funded positions shall be designated within five working days from the date
funding is determined. The work year shall be continued through the last day of
instruction. CSEA shall be notified when funding is determined.
All unit members shall be granted the paid holidays specified in Appendix C providing
they fall between their first day of service and their last day of service during the school
year. Employees who work less than eight hours per day shall be granted prorated time
calculated by averaging the number of hours worked on the days preceding and following
the holiday.
8.8.1 Additional Holidays
If additional holidays are decreed during a school year, an employee will be paid
only if it is a day, which the employee is scheduled to work.
8.8.2 Impact of Calendar on CSEA Holidays
8.9 Transportation
District agrees to consult with CSEA regarding the effect of calendar adoption in
such manner that consideration for CSEA paid holidays and/or vacation periods
are properly and satisfactorily addressed.
Any Bus Driver whose assigned shift contains one or more periods of unpaid time whose
total exceeds one hour shall be paid a shift differential premium of 5 percent above the
regular rate of pay for all hours worked.
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8.9.1 Assignment of Hours
Daily hours shall be assigned to Bus Drivers on the basis of seniority.
8.9.2 Special Trip Assignments
Special trip assignments shall be distributed and rotated as equally as possible
among Bus Driver(s) in the bargaining unit.
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ARTICLE 9 - VACATION
9.1 Eligibility for Earned Vacation
All regular classified employees, permanent and probationary, shall earn paid vacation at
the regular rate of pay earned at the time the vacation is commenced. Vacations shall be
earned on a fiscal year basis, commencing July 1 st each year and ending the following
June 30 th , as provided in this Article.
9.2 Accrual Rates of Vacation
Employees who are in paid status for more than one-half of the working days each
calendar month in such fiscal year shall be credited with vacation credit for each calendar
month of service in conformance with the following schedule:
Years of Service Vacation Days Accrued per Year
1 - 3 1.0833 days per month 13 working days
4 - 12 1.4166 days per month 17 working days
13 - 19 1.8333 days per month 22 working days
20 - up 2.0833 days per month 25 working days
Based on a forty hour week for full time twelve month employees. Vacation time is prorated
for employees working less than twelve months per year of eight hours per day.
Increases in days shall be calculated from the employee’s anniversary date.
9.3 Vacation Approval
Employees shall be given the opportunity of indicating their preference for vacation time,
but vacation requests shall be subject to approval of the Administration. An effort shall be
made to enable vacations to be taken at times convenient to the employee, consistent with
the needs of the service and the workload of the department. (Appendix P)
9.4 Vacation Schedules for Employees Critical to Operation of Schools
Employees critical to the operation of schools will not normally be allowed to utilize
vacation days except during periods when school is not in session. Exceptions to the
above scheduling provisions may be made with mutual agreement of both the employee
and the immediate supervisor.
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9.5 Vacation Compensation for Eleven and Twelve Month Employees
Compensation for vacation for eleven and twelve month employees shall be in the form of
time off at the regular rate of pay, as arranged with and approved by the immediate
supervisor.
9.6 Vacation for Less than Twelve Month Employees
All classified employees working less than twelve months may utilize vacation days when
school is in session, subject to approval of their immediate supervisor and D.O.
Administrator. Such vacation shall be requested in writing at least five working days prior
to the first requested vacation day. The District shall set aside a pool of funds sufficient to
pay for the cost of providing substitute coverage during the scheduled vacation.
9.7 Vacation Advance
Vacation shall be available for use by employees when earned. However, vacation may
be advanced to the employee with approval of the Superintendent or his/her designee.
The amount of vacation credit advanced to the employee cannot exceed the amount of
vacation credit that will be earned during the current fiscal year.
9.8 Maximum Vacation Accumulation
The maximum vacation credit that may be accumulated by a classified employee shall be
thirty days.
9.9 Vacation Postponement While on Leave
If an employee’s vacation becomes due during a period when he/she is on leave due to
illness or injury, he/she may request that his/her vacation date be changed. The employee
may elect to have his/her vacation rescheduled in accordance with the vacation schedule
available at that time as requested by the employee, or may request to carry over his/her
vacation credit up to the thirty days maximum accumulation.
9.10 Holiday Pay During Vacation
When a holiday, as defined in this agreement, occurs during the scheduled vacation of an
employee, the employee will receive pay at the regular rate of pay for the holiday and
shall not be charged a vacation day for absence on the holiday.
9.11 Interruption of Vacation
An employee shall be permitted to interrupt or terminate vacation leave in order to begin
another type of paid leave provided by this Agreement without a return to active service
provided the employee supplies notice and supporting information regarding the basis for
such interruption or termination.
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9.12 Vacation Pay Upon Termination
When an employee who has completed the six month probationary period is terminated
for any reason, he/she shall be entitled to all vacation pay accrued and not used up to and
including the effective date of the termination.
9.12.1 Probationary employees who have served less than six months do not have vested
vacation rights.
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ARTICLE 10 - COMPENSATION
10.1 Compensation Philosophy
The District and Union recognize the concept that wages paid to classified employees
should be on parity with those paid in other districts and private industry within San
Mateo County and that total compensation, which includes paid benefits should be
considered when making comparisons.
10.2 Compensation Package
All employees participating in District paid PERS will be paid in accordance with Salary
Schedule A (Appendix D).
For 2005-2006 the Classified/CSEA unit shall receive a 1 percent increase, effective July
1, 2005. In addition, the Classified/CSEA unit shall receive a 2 percent increase effective
January 1, 2006. The Association agrees to include 1 percent of this increase in the total
compensation negotiations for the successor contract.
10.2.1 PERS Contribution
The Employer agrees to pay bargaining unit employees' share of PERS
contribution.
10.2.1.1 Calculation of District Paid PERS Contribution
The District's obligation to pay the employees' share of PERS
contributions shall be calculated as follows: the employee’s nonovertime
monthly earnings less $133.33 times 7 percent.
10.2.1.2 District Obligation of PERS Rate Increases Above 7 Percent
CSEA agrees that if the PERS rate for employees' contributions increases
from 7 percent of the employee’s non-overtime monthly earnings less
$133.33, the salary schedule will be adjusted downward by a dollar
amount equivalent to the increase. CSEA and the District agree to meet
and negotiate within thirty days after the PERS increase is announced or
implemented for the purpose of reaching agreement as to what constitutes
a dollar amount equivalent to the PERS increase for the purpose of
adjusting the salary schedule.
10.2.1.3 Compensation for Employees Not Participating in PERS
Employees who are not covered by PERS and employees, who do not
participate in District paid PERS, shall be paid in accordance with Salary
Schedule B (Appendix E), which shall be adjusted to compensate the
employee in lieu of District-paid PERS.
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10.2.2 Initial Salary Placement
All new regular classified employees shall be compensated at the approved salary
range for the classification. The hiring rate shall be the first step (A) of the
schedule. However, upon recommendation by the Chief Business Official and
approval by CSEA, a new employee may be provided with advanced step
placement up to and including the third step (C).
Advanced step placement shall be based upon such factors as:
10.2.2.1 Additional related education at the college level beyond the
educational requirements established for entry into the classification
(limited to no more than one step for each two years of college
education).
10.2.2.2 Additional skills or qualifications that make the candidate especially
qualified for the position. Verifiable facility and/or equipment
experience shall be credited on the basis of two years non-district
experience equaled to one step.
10.2.2.3 Possession of a valid journeyman certificate for positions in the
building trades.
10.2.2.4 Successful school district work experience in an equivalent
classification including limited term assignments in Pacifica School
District on a year for year basis.
10.2.2.5 Years of relevant volunteer work.
10.2.2.6 Difficulty experienced in recruitment.
10.2.3 Anniversary Date
10.3 Payment Procedures
Effective July 1, 2003, bargaining unit employees shall move to the next higher
step of the appropriate salary range each year on either July 1 or January 1,
whichever date most closely precedes the employee’s date of hire.
All employees in the bargaining unit shall be paid on a monthly basis, payable on the last
day of each month worked, unless such payment is prevented by circumstances beyond
the control of the District. If the last day of the month falls on a weekend or holiday, the
paychecks shall be issued on the preceding workday.
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10.3.1 Impact of Direct Deposit on Pay Date
10.4 Insurance Benefits
While it may be possible to provide a paycheck on the last day worked, i.e. June
or December, direct deposits shall be made on the last business day of the month.
Regular employees who work seven to eight hours per day will receive a flat dollar
amount (Appendix F) to be applied at the option of the employee towards the cost of the
CALPERS Health Premiums and Delta Dental Insurance as listed in Appendix G.
10.4.1 Proration of Benefits for Part Time Employees
Regular employees who work four to seven hours per day will receive a prorated
amount of money (Appendix F) to be applied at the option of the employee to any
one or combination of the plans listed in Appendix G. Employees working less
than four hours per day shall receive fully paid Delta Dental Insurance.
Enrollment in the Delta Dental Plan is mandatory for all new employees.
10.4.2 Payment of Benefits During Summer Months
The District will continue to pay the same prorated amount of money for selected
benefits during the summer months for ten month employees hired prior to
February 1 of any given year.
10.4.3 Continuation of Benefits During Unpaid Leave
Employees on unpaid leave of absence status may continue coverage under
District insurance policies where the insurance policy allows this, by paying, in
advance, the monthly rate for each month they are on such status. When an
employee is in paid status in excess of ten working days of any month, the District
shall continue to pay for such coverage.
10.4.3.1 Payments for health insurance must be paid directly to CalPERS;
payments for dental insurance must be paid directly to the District.
10.4.4 Out of Pocket Expenses for Insurance Premiums
When the cost of selected insurance coverage exceeds the District contribution, the
annual excess amount will be paid through payroll deductions in ten equal
installments from paychecks issued September through June.
10.5 IRC Cash Back Benefit Plan
In lieu of health and welfare benefits, the District will distribute a predetermined amount of
money as exhibited in Appendix H - “Cash Back Benefit Plan” to the employee in the form
of an IRC 125 Cash Back Benefit Plan. This money will be disbursed along with the
employee’s regular salary in their monthly paycheck for a period of ten months. To qualify
for the IRC 125 Cash Back Benefit Plan an employee must have had a District funded
27

annuity in place on June 30, 1990. The Cash Back Benefit amount will be reduced by any
reduction in hours that were subsequent to the date of this agreement. If an employee
purchases additional insurances subsequent to the date of the agreement with Cash Back
Benefit funds, the cash back amount will be reduced by the amount of the insurance
premium. Employees also have the option to purchase additional insurance through payroll
deductions.
Beginning with the 2002-2003 school year, a full-time employee may elect to take cash
back at 50 percent of his/her eligible District contribution for medical insurance. The
employee may elect to take the cash back in the form of cash or an annuity effective on a
date authorized by CalPERS but no later than January 1, 2003.
10.5.1 Employees Hired After July 30, 1990 Are Ineligible To Participate In The
IRC 125 Cash Back Benefit Plan Payments
Effective July 1, 1990, any new employee or a retired employee of the
District will be ineligible to participate in the District paid Cash Back
Benefit Plan.
10.5.2 Freeze on District Paid Cash Back Amounts for Cash Back Benefit Plan
All Cash Back Benefit amounts paid to an employee will not exceed the
contribution level that was in effect on June 30, 1990. Under no circumstance will
these amounts increase but can decrease as a result of family status changes and/or
a reduction in assignment hours. Once an amount is reduced it cannot be
reinstated. If an employee is working more hours than they were on June 30, 1990
and they decide to purchase other insurances, the cost of those insurances will be
deducted from the eligible Cash Back entitlement. Employees also have the option
to purchase additional insurance through payroll deduction.
10.5.3 Required Documentation
By October 15 th of each year, the following documentation must be completed to
authorize the continuation of an employee’s participation in the Cash Back Benefit
Plan. A reminder notification regarding the required documentation will be sent to
classified employees that participate in Cash Back Benefit Plan by the District on
or before September 15 th .
* Annual proof of medical insurance for the employee and the employee’s family
members is required.
* Birth certificates for dependent children are required for the original
implementation of the Cash Back Benefit Plan.
* A copy of the employees Form 1040 which identifies all qualified dependents is
required to continue two and three party benefits. The financial information
should be blocked out.
* A copy of the dependent’s college registration if the dependent is between the
ages of 19 and 23.
* Changes that effect any of these documents must be submitted to the Business
Office within thirty days of such change.
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If the required documentation is not received by October 15 th , payments for the
Cash Back Benefit Plan will cease as of the November paycheck. Payments will
not be reinstated until all of the completed required forms are received. The
District will not generate any back payments as a result of submission of
incomplete forms or lack of submitting all the required paperwork.
10.5.4 Dependent Qualifications (As defined by the District)
Qualified dependents are defined as an employee’s legally married spouse and
children who are under the age of 19 (natural, adopted and stepchildren). An
individual over the age of 18 but less than 23 years of age and enrolled full-time
(twelve or more units) at a college is considered a qualified dependent.
10.5.5 District Disbursements
The District will disburse the IRC Section 125 Cash Back Benefit Plan payments
tenthly starting with the month of September and conclude with the last day of
June payroll.
10.5.6 Leave of Absence
10.6 IRC 125
If an employee that is eligible for an IRC Section 125 Cash Back Benefit Plan
requests a Leave of Absence and it is approved by the Administration, their Cash
Back Benefit Plan will be reinstated upon returning to work at the District. The
Cash Back Benefit Plan will be at the same level that it was when they began their
leave assuming they work the same number of hours. If they return and work less
hours their Cash Back Benefit Plan would be reduced accordingly.
The District will maintain an Internal Revenue Code Section 125 plan for voluntary
participation by the Association members.
10.7 District Contribution for CalPERS Health Insurance
The District will pay one hundred ninety two dollars ($192) per year directly to CalPERS
for each eligible retiree for medical insurance. To be eligible for this benefit the employee
must retire from the District and retire under PERS within 120 days of separation.
10.7.1 District Paid Early Retiree and Dental Insurance
To be eligible for District paid single party medical (Kaiser) and dental coverage, a retiree
shall have been employed with the District ten full years, shall retire under PERS, retire
between age 50 and 65 and shall make election to participate in the District Paid Early
Retiree and Dental Insurance benefit at the time of retirement. Employees receiving the
IRC Cash Back Benefit must enroll in a district medical plan prior to or at the time of
retirement. District paid benefits shall continue for ten years or until age70, whichever
occurs earlier. When eligible for Medicare, the payment for medical will be reduced to an
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10.8 Longevity
amount sufficient to cover the supplementary plan (the amount will not exceed the cost of
Kaiser North). This section shall remain in effect until such time as the District and the
Laguna Salada Education Association negotiate a different retiree benefit at which time
this article shall be immediately re-opened.
10.7.1.1 Retiree Health and Dental Insurance Benefits
In addition to the $192 per year paid for all employees who retire under
PERS, the District will pay an additional amount directly to the early
retiree, as specified in 10.7.1 above, which results in a total District
contribution that equals the same dollar amount towards single party
medical and dental coverage as that provided to active employees (see
Appendix F). This payment will be made quarterly, in advance. The
amount contributed for retirees who worked less than full time will be in
proportion to the assignment worked at the time of retirement.
10.7.1.2 Continuation of Coverage at Age 70
The retired employee shall have the option of continuing coverage for legal
dependents by paying directly to CalPERS the appropriate premium for
health insurance and to the district, in advance on a semi-annual basis for
dental insurance. When retired employees reach age 70 they may continue
in the CalPERS plans offered for retirees by making payments directly to
CalPERS. Continued coverage for dental insurance will be available
through COBRA for eighteen months. The appropriate premiums for dental
insurance must be paid in advance semi-annually. These provisions shall be
in effect only if acceptable to the insurance carriers.
10.7.1.3 Retirement Packet
The District shall make available to all employees a comprehensive
packet of information regarding the retirement process and shall
provide the packet to all employees giving notice of intent to retire.
The packet shall include all necessary instructions and forms for
retirement and retirement related benefits.
As recognition of longevity with the District, a unit member's base salary will be adjusted
by the following percentage upon attainment of years of service. Longevity is defined as
years of service in the District regardless of the hours worked per day from the initial date
of employment.
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Years of Service Percentage
8 Years 1.3%
12 Years 2.6%
15 Years 3.9%
18 Years 5.2%
21 Years 6.5%
24 Years 7.8%
The longevity increment shall be granted on the unit member’s anniversary date at the
following years of service 8, 12, 15, 18, 21, 24.
The specific formula is base salary multiplied by percentage. Base salary is defined as
assigned days multiplied by hours worked (see Appendix D). Base salary is stated in your
annual Classified Salary Contract.
This longevity increment will be included with the unit member's regular pay. Longevity
will be recalculated to include any negotiated salary schedule increase.
Longevity is contingent upon a unit member continuing to perform assigned duties
satisfactorily.
10.9 Work Out of Classification
No employee shall be required to perform duties that are not fixed or prescribed for
his/her classification, per the employee’s job description (incorporated into this
Agreement by reference). An exception to this will be made if a situation arises which
could adversely affect the safety of students. In case of such an event, available employees
can be assigned such duties, in rotational order, on a temporary, emergency basis
providing that the District will:
a) First make every effort to find an available classified employee within the same
classification/position.
b) Offer the assignment to all available qualified substitutes.
c) Ask all available qualified employees to volunteer for the assignment.
10.9.1 Any employee who works out of classification for one full day or more shall be
compensated at not less than 5 percent increase in pay for the time performing
these duties.
10.9.2 If a situation arises where the same position needs to be involuntarily filled three
or more times within thirty calendar days, at CSEA's request the District and the
Union agree to meet and negotiate a solution to correct such a situation to the
extent permitted by law and the good will of the parties.
This section shall not apply to disputes properly subject to Article 29 -
RECLASSIFICATION.
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10.10 Instructional Aides
Instructional aides, assigned to the resource program, shall be paid at the rate of time and
one-half if they work with RSP students on a pull out basis when the RSP teacher is
absent for at least one-half of a day.
In the alternative, an RSP aide may elect to work with RSP students in a regular
classroom.
The District reserves the right to hire a substitute for the RSP teacher or require the
students remain in the regular teachers’ classroom and the aide would assist RSP students
while in the regular classroom.
10.11 Step Placement Upon Demotion
A bargaining unit employee who is demoted to a classification with a lower salary range,
including demotion in lieu of layoff or the exercise of displacement rights in lieu of layoff,
shall be placed on the step of the salary range for the lower classification which
corresponds to the step at which previously compensated. Movement to a lower
classification shall not affect the anniversary date of the employee.
10.12 Step Placement Upon Promotion
Placement upon promotion shall be at the step no less the 5 percent greater than received
at the time of promotion.
10.12.1 Employees receiving a promotion and who would have been entitled to a step
increase in their old classification within three months of the date of promotion
shall have their promotion step placement calculated using the higher step
placement they would have held had they remained in the former classification.
10.13 “Y” Rating Incumbents
The effects of downward range adjustments shall be mitigated by the “Y” rating of the
impacted incumbents’ current salary until the new lower salary rate equals or exceeds the
incumbents’ so that the Y-rated incumbent receives no general cost of living or salary step
increase until his/her rate is equaled or exceeded by the new rate. The rate shall be
discontinued when the employee is promoted, separated or refuses appointment to a
higher classification. It will also be discontinued whenever the salary range for the
classification is increased so that it encompasses the employee’s current rate. In this case,
the employee’s rate will be adjusted to the next higher level in the new range.
10.14 Time of Salary Payment
10.14.1 Bargaining unit employees shall be paid at least once per month no later than
the last working day of the month in which the employee was in paid status.
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10.14.2 Any payroll error resulting in insufficient payment to a bargaining unit
employee shall be corrected and a supplemental warrant issued not later than
five working days after the bargaining unit employee provides notice to the
payroll department. In situations where a payroll error results in overpayment
to a bargaining unit employee, the District and the affected employee shall
meet and develop a reasonable repayment schedule.
10.15 At least once every three years commencing in 2004-2005, a salary survey shall be
completed by the District with the following criteria:
a) The compensation for each benchmark classification will be compared with the
compensation for similar classifications using eight San Mateo County districts.
b) Comparisons will be of hourly rates for the comparison districts, adjusted for the
number of hours worked per week and employer-paid PERS.
c) The benchmark positions shall be:
1) Cafeteria Assistant
2) Instructional Aide
3) Custodian-II
4) School Secretary
5) Account Clerk
6) Maintenance Worker
d) The comparison districts shall be:
1) Bayshore ESD
2) Brisbane ESD
3) Burlingame ESD
4) Jefferson ESD
5) Redwood City ESD
6) San Bruno Park ESD
7) San Carlos ESD
8) San Mateo-Foster City ESD
e) The salary maximum shall be used as the basis for comparison.
f) The survey shall use the benchmark system.
g) Results of the survey will be utilized to show how our District compares to the
mean (average) ranking of each classification.
h) CSEA will receive a copy of the survey prior to negotiations.
i) Salary surveys may include recommendations for adjustments; the results of the
survey are negotiable.
j) Changes resulting from this survey will be retroactive to the previous July 1,
unless otherwise negotiated.
k) Salary surveys will be conducted for all benchmark positions once every three
years starting with the first survey in 2004-2005, followed by the next survey in
2008-2009 and every three years thereafter.
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ARTICLE 11 - EMPLOYEE EXPENSES AND MATERIALS
11.1 Uniforms and Safety Equipment
11.2 Tools
The District shall pay the full cost of the purchase, lease, rental, cleaning and maintenance
of uniforms, equipment, identification badges, emblems and cards required by the District
to be worn or used by bargaining unit employees if required during the term of this
Agreement. If any special clothing or equipment is required by CAL-OSHA regulations
for the safety of an employee, the District shall provide or pay for such items. Employees
shall be required to use/wear equipment or clothing during the performance of duties
where such equipment or clothing is required by CAL-OSHA regulations. Such required
equipment is to be used only in the performance of duties required by the District.
Requests for such required safety equipment shall be submitted to the Superintendent or
his/her designee.
The District agrees to provide all tools, equipment and supplies necessary to bargaining
unit employees for performance of employment duties. In determining what tools and
equipment are necessary, the District shall consult with the employee. Employees shall be
responsible for the tools and equipment assigned to them. The District shall conduct an
inventory of tools and equipment not less than once a year.
11.3 Physical Examination
The District agrees to provide the full cost of any medical examination required as a
condition of employment or continued employment, including but not limited to, the
provisions outlined in Education Code Section 49406 or its successor provided that the
examination is performed by the District designated agency or physician. If an employee
utilizes a private physician for any medical examination required as a condition of
employment or continued employment, the District will reimburse the employee the
amount which would have been charged by the District designated agency or physician.
11.4 Reimbursement for Mileage
Employees who are requested to use their own vehicles in the performance of their duties
shall be reimbursed at the Internal Revenue Service authorized rate per mile.
11.5 District Paid Fees
The District agrees to either provide or reimburse bargaining unit members for expenses
when required by the District to maintain his/her employment status. The following fees
will be paid by the District:
11.5.1 First Aid Training
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The District will provide for a First Aid instructor to provide First Aid training
once every three years.
11.5.2 Tuberculosis Test
The District will pay the fee for a Tuberculosis skin test, or a chest X-Ray if required.
Provider to be determined by District.
11.5.3 Requirements for California School Bus Drivers’ Certificate
The District will pay for tuition and materials fee for the classroom instruction
hours required by law to renew a California School Bus Driver's Certificate.
11.6 Meal and Overnight Expenses
Any bargaining unit employee, who, as a result of a work assignment, must be lodged
away from home overnight, shall be reimbursed by the District for reasonable costs of
such lodging and meals. Such requests shall be made on District form DO 100 (Appendix
Q). The District shall reimburse the employee for lodging and/or meal expenses within
thirty days after the employee has submitted a valid expense claim.
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ARTICLE 12 - LEAVES
12.1 General Statement
A leave of absence is an authorization for an employee to be absent from duty, generally
for a specific period of time and for an approved purpose. Leaves of absence shall be
granted by the District in accordance with the provisions in this Article. Application shall
be made in advance, if possible, for short-term leaves (five working days or less), or
application shall be made according to specific deadlines for long-term leaves (six
working days or more). An employee shall not take unauthorized leave except in
emergency situations.
12.2 Procedures for Request and Approval of Leave
Applications for leave shall be submitted in writing, first to the immediate supervisor who
will forward such requests with his/her recommendation to the administration for review
and appropriate action. Leaves of absence for a period of five working days or less (i.e.,
short-term leaves) may be granted by the Superintendent or his designee. Leaves for a
longer period of time (i.e., long term leaves) shall be submitted to the Board of Trustees
for action.
12.3 Benefits While on Leave
Time on paid leave status shall be considered the same as time worked with benefits
continuing to accrue.
12.3.1 Seniority While On Unpaid Leave
Time on unpaid leave status shall not be credited time. Upon return to work the
individual shall maintain all previously earned rights and benefits.
12.4 Outside Employment During Leave
An employee, while on unpaid leave of absence, may not accept other gainful employment
with another employer, except military service or Peace Corps service, without prior
approval of the Board of Trustees.
12.5 Assignment on Return to Work
An employee granted a leave of absence without pay has the right to return to his/her
position or a position in the same classification at the expiration of his/her leave of
absence, or before the concurrence of the Board of Trustees, providing he/she is
physically and legally capable of performing the duties. If the leave has been granted
because of illness, a statement from a licensed medical advisor which indicates ability to
physically perform duties must be provided before reporting for work.
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12.6 Notice Required to Return to Work
In the case of long-term leaves, an employee must give written notification at least two
weeks prior to the expiration of a leave that it is his/her intention to return to active
service.
12.7 Leave of Absence With Pay
A Leave of Absence shall be provided to employees for the reasons stated in this Article.
Employees shall be required to complete a leave verification form (Appendix P).
12.7.1 Bereavement:
A regular employee shall receive necessary leave of absence not to exceed three
days, or five days if out-of-state travel or travel over 400 miles one-way is
required, in the event of death of spouse, son, son-in-law, daughter, daughter-inlaw,
brother, sister or grandchild of the employee, and the mother, father,
grandmother, grandfather of the employee or of the spouse of the employee,
anyone who over a period of time held the position of such a member, or any
person living in the immediate household of the employee. If needed, additional
absence without loss of salary will be allowed in accordance with Personal
Necessity provisions. If additional time is needed, the employee may request the
use of accrued vacation time or personal leave time. (Appendix P)
12.7.1.1 Funeral of Personal Friend or Other Relative
12.7.2 District Examinations
A regular employee may receive time up to one day with full pay to
attend the funeral of a personal friend or relative not listed above.
An employee shall be permitted time to take a District examination for which
he/she is qualified without deduction of pay or other penalty if given during his/her
regular working hours. The employee shall give at least two days notice of the
pending absence to his/her immediate supervisor.
12.7.3 Industrial Injury and Illness
Medical care shall be provided by the District designated agency or physician,
unless the employee had previously designated a personal physician on a District
provided form (Appendix I).
12.7.3.1 Salary Continuation and Limitations
A classified employee, absent from duty because of industrial injury
or illness resulting from his/her regular assignments, including
authorized overtime, and qualifying under the provisions of the
Worker's Compensation Insurance Law, shall be allowed for each
injury or illness full salary from the first day of absence to and
37

including the last day of absence, not to exceed sixty working days in
any one fiscal year for the same industrial accident. This leave shall
not be accumulated from year-to-year, and when any leave overlaps a
fiscal year, the employee shall be entitled to only that amount
remaining at the end of the fiscal year in which the injury or illness
occurred.
12.7.3.2 Daily Rate Limitation on Compensation
Payment for industrial injury or illness leave on any day shall not,
when added to an award granted an employee under the worker's
compensation laws of this State, exceed the normal wages for the day.
The normal wages for the day shall be based on the regularly
assigned time of the employee.
12.7.3.3 Benefit Checks
Benefit checks received under State Worker's Compensation Laws
shall be endorsed by the employee payable to the District unless the
combined payments total less than the normal full salary. The
District shall issue to the employee appropriate warrants and
payments of wages or salary and shall deduct normal retirement and
all authorized contributions. Final allowance for permanent industrial
disability settlements shall not be subject to remittance to the District.
12.7.3.4 Paid Industrial Injury/Illness Leave Not Deducted from Sick Leave
Paid industrial injury or illness leave shall be reduced by one day for
each day of authorized absence regardless of the temporary disability
allowance made under worker's compensation. Days absent while on
paid industrial injury or illness leave shall not be deducted from the
number of days of regular sick leave to which an employee may be
entitled.
12.7.3.5 Exhaustion of Paid Industrial Injury/Illness Leave
If the classified employee is still unable to return to duty after
exhausting paid industrial leave, the employee shall be placed on paid
leave for which he is eligible. Accumulated leave will be reduced
only in the amount necessary to provide a normal, full day's wage or
salary when added to worker's compensation benefits.
12.7.3.6 Exhaustion of All Paid Leave Privileges
After the exhaustion of all paid leave privileges, an employee who is
unable to return to work, as determined by a licensed medical advisor,
may be granted additional leave without pay for one year. Such leave
may be extended for one additional year for good and sufficient
cause.
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12.7.3.7 Assignment on Return to Work
12.7.4 Jury Duty
Upon return to service from any paid or unpaid leave resulting from
an industrial injury or illness, the employee shall return to his/her
position without suffering any loss of status or benefits.
(Ref. EC § 45192)
If an employee in the Classified Service is necessarily absent because of a call for
service on a jury, a deduction will not be made from the employee's salary because
of such absence provided that any fee for jury duty (not including any payment for
transportation, meals, parking) shall be collected by the employee and remitted to
the District. If an employee called for service on a jury is excused from jury duty
prior to the end of his/her work day, the employee shall notify the District at the
earliest feasible time and shall report, when practical, back to work. (Appendix P)
12.7.5 Military
All classified employees shall be entitled to all the rights and privileges regarding
military leaves of absence provided by State law, including Section 389 and 395 of
the Military and Veterans Code. (Appendix P)
12.7.6 Personal Necessity
A maximum of seven days of sick leave credited to an employee may be used
during any given year at his/her election, in cases of personal emergencies which
come under the following categories: (Appendix P)
a) Death of a member of his/her immediate family, if needed in addition to
Bereavement Leave.
b) Accident or sudden illness in the immediate family.
c) Accident involving his/her person or property, or the person or property of a
member of his/her family.
d) Appearance in court or before an administrative agency as a litigant, except
where the District is a party. (A copy of the court order or other official
evidence must be submitted as verification.)
e) Adoption of a child.
f) Religious Observance.
g) Observance of religious holidays.
h) Attendance at graduation exercises, wedding or award ceremony involving an
employee or a member of his/her immediate family.
i) Conducting personal business which cannot be cared for outside of work hours.
12.7.6.1 Immediate Family
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Immediate family is defined as mother, father, grandmother,
grandfather or grandchild of the employee or the spouse of the
employee; and the spouse, son, son-in-law, daughter, daughter-inlaw,
brother or sister of the employee, or any person living in the
immediate household of the employee. Also anyone who, over a
period of time, has held the position of such a member may be
considered a member of the immediate family.
12.7.6.2 Written Verification
Written verification from a medical advisor is required if an absence
for accident or sudden illness is more than five days duration.
12.7.6.3 Time Off Without Pay if Sick Leave Not Used
If an employee does not elect to use sick leave for any of the
preceding purposes, a deduction shall be made from his/her salary at
the daily rate. Absence for other personal reasons may be granted but
shall be subject to salary deduction at the individual’s daily rate.
12.7.6.4 Prior Approval
Prior written approval is required except for emergency situations,
which can be approved verbally and written approval obtained at a
later date. The employee requesting the leave should submit form
DO-200 accompanied by the required substantiating materials at the
earliest feasible date, preferably at least one week before the leave is
needed.
12.7.6.5 Determination of Applicable Category
In the event it is unclear which category of personal necessity leave is
appropriate, the Superintendent or his designee shall determine the
appropriate category after checking with the employee to ascertain
relevant facts.
12.7.7 Leave for Non-Designated Purposes (Appendix P)
12.7.7.1 Unit members are entitled to three (3) days of leave for nondesignated
purposes per school year. Non-Designated Leave will not
be used for employment or an extension of a holiday or break.
12.7.7.2 Days utilized for non-designated leave will be deducted from sick
leave. If a unit member elects not to use sick leave, a deduction will
be made from salary at the daily rate.
12.7.7.3 The site administrator will be given advance notice of the leave,
including the duration, to the extent that emergencies or
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12.7.8 Sick Leave (Appendix P)
circumstances beyond the unit member's control do not preclude such
notice.
Sick leave shall be granted under the following conditions:
a) Employee's own illness or injury.
b) Employee's medical disability, including disabling conditions caused by
pregnancy and/or childbirth, as verified by a licensed medical advisor.
c) Employee's exposure to contagious disease.
d) Employee's dental, eye and other physical or medical examinations or
treatment by a licensed medical advisor. Employees are encouraged to make
appointments outside their regular working hours whenever feasible, and if
working four hours or less per day, may have their working hours adjusted if
approved by their supervisor.
e) A bargaining unit member may use accrued sick leave, equal to the number of
days accrued by the bargaining unit member in a six month period, for the
purpose of attending to a sick parent, spouse, or child. (AB 109 Knox)
12.7.8.1 Allocation of Sick Leave
Classified employees shall be entitled to sick leave without loss of pay
at a rate of one working day per month of employment per year. The
full amount of sick leave granted under this section shall be credited to
each employee at the beginning of each fiscal year, in accordance with
Education Code Section 45191. Credit for sick leave need not be
accrued prior to taking such leave and such leave may be taken at any
time during the year. Employees working less than twelve months per
year shall receive credit for each month they work more than one-half
of the working days, plus paid holidays, in a given month. Eight hours
shall be considered as one working day; employees working a lesser
amount of time shall accumulate sick leave on a pro-rated basis based
on the percentage of hours worked to an eight hour day. Deductions for
Part-Time employees shall be on an hourly basis, according to the
assigned hours for the day absent. The unused sick leave shall be
cumulative. New employees may use up to six days at any time during
the first six months of employment.
12.7.8.2 Benefits While on Paid Sick Leave
An employee who is absent due to illness and receiving full pay
because of accrued sick leave shall be entitled to all employment
benefits.
12.7.8.3 Requirement for Written Verification After Five Days
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After hospitalization or an illness of more than five consecutive
working days, the employee shall obtain and present a written
statement from a licensed medical advisor verifying the illness and
stating when the employee is physically and emotionally able to return
to full duty. This statement shall be provided prior to the time the
employee returns to work.
12.7.8.4 Extended Sick Leave
When a regular employee is absent due to illness and has used all of his
sick leave, the employee shall be paid extended sick leave through the
fifth month at the rate of 50 percent of his/her regular pay.
12.7.8.4.1 Holiday Pay
During the time the employee is receiving extended sick
leave at 50 percent pay, he shall be paid for any holidays
occurring within this period and will accrue sick leave,
vacation time, increment time, and health insurance benefits.
12.7.8.4.2 Unpaid Leave of Absence
An employee whose illness extends beyond the five-month
period may, on written advice from a licensed medical
advisor, be granted a leave of absence without pay for a
period of one year. Such leave may be extended for one
additional year for good and sufficient cause.
12.7.8.4.3 Anniversary Date
Upon return to work, the anniversary date of the individual’s
increment will be changed to make adjustments for time not
worked and not covered by sick leave.
12.7.8.5 Limited Term and Emergency Employees
Emergency and limited-term employees will not earn sick leave credit
unless they are subsequently appointed into permanent positions
without a break in service.
12.7.8.6 Exhaustion of All Leaves
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If at the conclusion of all leaves of absence, paid or unpaid, the
employee is still unable to assume the duties of his/her position, he/she
shall be placed on a reemployment list for a period of 39 months.
12.7.8.6.1 Re-employment Rights
12.7.8.7 Unlimited Accumulation
If at any time, during the prescribed 39 months, the
employee is able to assume the duties of his/her position,
he/she shall be reemployed in the first vacancy in the
classification of his/her previous assignment. The
employee’s reemployment will take preference over all
other applicants except for those laid off for lack of work or
funds under Ed Code Section 45298 in which case he/she
shall be ranked according to his/her proper seniority. Upon
resumption of his/her duties, the break in service shall be
disregarded and the individual shall be fully restored as a
permanent employee with all rights and benefits.
Unlimited accumulations shall be allowed in all sick leave benefits.
However, the cumulative aspect of sick leave from year-to-year is
based on accrual at the rate of one day's sick leave per whole calendar
month of employment or major fraction thereof.
12.7.8.8 Transfer of Earned Sick Leave from California School District
Any employee who was previously employed by another California
school district shall be entitled to transfer sick leave credit earned
during previous employment.
12.7.8.9 Conversion to Retirement Credit
An eligible worker may convert unused sick leave to retirement credit
in accordance with Government Code Sections 20862.5, et seq. if the
worker meets the eligibility requirements of those sections and is filing
a request for retirement.
12.7.8.10 Disposition of Earned Sick Leave on Termination
If an employee leaves the District, accumulated sick leave will not be
credited to the employee's final payment, but said employee shall be
entitled to accrued sick leave if the employee was subject to a layoff
because of lack of work or lack of funds, and is reemployed within 39
months of being laid off.
12.7.8.11 Notification of Absence
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12.7.9 Study Leave
An employee absent because of illness or injury shall notify the school
or the District Office at the time he/she expects to be absent and the
time he/she expects to return to work, such notice to be provided
according to the instructions of his/her supervisor.
After seven consecutive years of service in the District, study leave may be granted
to a classified employee for a period of not more than one year to permit study for
improvement in service and/or increased proficiency within a classification. A
study leave with pay must be for the purpose of training, which relates to the
employee's present or immediate prospective work assignment, and which is
justified by the employee in terms of development of increased skill, competence,
or productivity in such work assignment.
12.7.9.1 Maximum to be Authorized
In a given year, up to two percent of the classified staff may be
permitted to take a leave for the purpose of study.
12.7.9.1.1 Application Procedure
Applications for study leave must be submitted to the
employee's immediate supervisor prior to May 1 of the year
preceding the fiscal year in which the leave will be taken. A
planned program must be submitted by the employee with
his application for study leave.
The Superintendent shall be responsible for reviewing the
application and submitting a recommendation to the Board
of Trustees.
12.7.9.1.2 Study Requirement
The classified employee shall complete at least 24 semester
units or equivalent of work during the year of study leave,
not less than 8 semester units of which shall be completed
during each semester while on such leave.
Transcripts or other evidence of completion of the approved
program shall be submitted to the Chief Business Official
within sixty days of the classified employee's return to duty.
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12.7.9.1.3 Service Credit While on Study Leave
Any leave of absence granted under this article shall not be
deemed a break in service for any purpose, except that such
leave shall not be included as service in computing service
for the granting of any subsequent leave under this article.
12.7.9.1.4 Schedule Variation
Study leave may be taken in separate six-month periods or
any other appropriate periods, rather than for continuous
one-year periods, provided that the separate periods of leave
of absence shall be completed within a three-year period.
12.7.9.2 Compensation While on Study Leave
12.7.10 Witness
While on study leave, the employee shall be compensated at one-half of
the salary for which he was eligible at the effective date of the leave.
12.7.9.2.1 Salary Schedule
Compensation while on a study leave shall be in accordance
with the Pacifica School District classified salary schedule
in effect during the period of the leave.
12.7.9.2.2 Bond Requirement/Obligation for Future Service
Salary payments will be paid to an employee on study leave
in the same manner as if the employee were working for the
District, upon furnishing a suitable bond indemnifying the
Governing Board of the District against loss in the event the
employee fails to render at least two years of service in the
employ of the District following his/her return from study
leave. In lieu of posting a bond, the employee may pledge
credit union shares or furnish a certificate of deposit on
funds in a bank or other savings institution to the Pacifica
School District Board of Trustees.
12.7.8.2.3 Retirement Deductions
The actual salary received by the employee on study leave
shall be subject to normal deductions for retirement
purposes.
In the event a classified employee is subpoenaed as a witness in court for the
Federal or State government or any of its subdivisions, no deduction shall be
made from his/her salary during the term of absence from duty.
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12.7.10.1 Procedure for Approved Absence
The classified employee shall submit a written request and supporting
documents for an approved absence prior to the beginning date as a
witness. If the employee receives a fee, he/she shall reimburse the
District for this amount, less any transportation, parking and/or meal
allowance. If the case is canceled or postponed, the employee shall
notify the District at the earliest feasible time and shall report, when
practical, back to work.
12.8 Leaves of Absence Without Pay
Leave of absence without pay may be granted to a permanent classified employee upon
the following: a) written request of the employee to his immediate supervisor, stating the
specific reason for the leave; b) approval of the Board of Trustees.
12.8.1 Length of Leave
A leave of absence without pay may be granted for any period not exceeding one
year, except that a leave of absence for military service shall be granted as
provided by the Education Code and the Military and Veterans Code, and a leave
of absence for service in the Peace Corps may be granted for a period not to
exceed twenty-four months.
12.8.2 Personal Leave
A personal leave of absence without pay may be granted by the District
Superintendent or his designee for a period of five working days or less. If
possible, the request should be made one week in advance.
12.8.3 Compensation and Benefits While on Leave
While on leave of absence, without pay, deduction for salary will be made at the
per diem rate of the individual’s current salary. If the individual works in excess
of ten working days during a calendar month, applicable insurance benefits for the
month will be paid by the District. In order to keep insurance policies from
lapsing, the individual may pay the premiums. If the individual is on leave for less
than one month, the payment, on request, will be deducted from the next month's
payroll. However, if the leave is for a longer period of time, the individual must
submit to the Payroll Department the required amount of money prior to the
beginning of each month for which the insurance must be paid.
12.8.4 Child Rearing Leave
In the case of a birth of a child, or adoption of a child, any employee parent shall
have the right to apply for a leave without pay for child rearing purposes.
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12.8.4.1 Husband and Wife Both District Employees
In cases where both husband and wife are employees in this school
system, only one of said persons shall be entitled to such leave.
12.8.4.2 Effective Date for Female Employee
In the case of female employees, the application for child-rearing
leave shall become effective on the date medical disability terminates,
as verified by a licensed medical advisor. Child rearing leave may be
granted for a period of up to the end of the school year in which the
birth or adoption occurs, but such leave may, at the option of the
Board upon the request of the employee, be extended for up to two
additional school years. Requests for extensions of such leave must
be made by March 1 of the preceding school year.
12.8.4.3 Application Date
An application for child rearing leave shall be filed at least three
months before the anticipated birth of the child. In case of adoption,
application for child rearing leave shall be filed at the earliest feasible
time.
12.8.4.4 Board Approval of Leave Dates
12.8.5 CSEA Annual Conference
The date for the commencement and termination of child rearing
leave shall in all cases be subject to and based upon a finding and
determination by the Board that such leave will not substantially
interfere with the administration of the school or with the education
of the pupils.
Up to three Association members, no two from one department, shall be allowed
leave for four days to attend the CSEA annual conference. The leave shall be at
no cost to the District. If the District employs a substitute to replace an absent
member then the absent member shall be paid his/her daily rate less the cost of
substitute. The absent member may elect to use vacation to make up the
difference. This agreement is in effect until June 30, 2010. If there is no renewal
then Article 12.8.5 reverts to the original language in the 2006-2009 contract.
12.8.6 Leap Year Work Schedule
Beginning with the 2003-2004 school year and for all subsequent leap years,
bargaining unit members, except those who work actual school days only, shall
receive one floating unpaid holiday as compensation for the extra day in their leap
year work schedule. The floating holiday shall be taken prior to June 30 of the
leap year. The holiday may be scheduled at any time prior to June 30 of the leap
year, with prior approval of the immediate supervisor.
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ARTICLE 13 - SICK LEAVE BANK
13.1 Definition
Catastrophic illness or injury means an illness or injury that is expected to incapacitate the
unit member for an extended period of time, or that incapacitates a member of the
employee's family so that the employee is required to take time off from work for an
extended period of time to care for that family member.
13.2 Association Committee
A CSEA Leave Bank Committee comprised of one alternate and three CSEA members in
good standing will determine a unit member’s eligibility. The committee will ensure that
procedures and forms are established, accurate records are kept, responsibility for its fair
implementation, and be bound by appropriate rules of confidentiality.
13.3 Application to Use
An employee who has exhausted all regular full pay (workers' compensation, vacation,
sick leave) benefits may apply to CSEA to use donated sick leave from the Sick Leave
Bank (SLB). CSEA president and SLB committee shall review each request for use of
donated sick leave and approve or disapprove the request which decision shall not be
subject to the grievance procedure.
13.4 Employee Donations
Employees may donate to the SLB when requested, up to 8 hours (one day) of sick leave
for each year of employment.
13.5 Allocation of Days to Employee
Employees who receive donated sick leave shall be paid at 100 percent (50 percent
extended sick leave and 50 percent from the SLB) of their regular rate of pay, if donated
sick leave is available from the SLB. Payment from donated SLB on any day shall not,
when added to extended sick leave pay, exceed normal wages for the day. After extended
sick leave has expired the case will be re-evaluated by the SLB committee and may
continue with SLB payments. Employees who receive donated sick leave shall continue
in paid status and shall continue to accrue vacation, holidays, sick leave and have
applicable medical benefits paid.
13.6 Charge of Used Time to Sick Leave Bank
The Sick Leave Bank shall be reduced by one hour for each hour paid out.
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ARTICLE 14 - TRANSFER PROCEDURES
14.1 Definition
A transfer is defined as a change of work location, but within the same classification.
14.2 Unit Members District Employees
Bargaining unit members are employed for the District rather than for a particular location
or, school.
14.3 Employee Initiated Transfer
Members of the Bargaining Unit may submit to the Superintendant or his/her designee, a
written request for transfers within their current classification on the District form
(Appendix J). Employee initiated transfers shall be considered prior to filling vacancies
with outside applicants. The filing of a request for transfer by an employee shall not
jeopardize the present assignment. The employee may at any time, in writing, withdraw
his/her transfer request prior to official confirmation that the transfer has been made.
Administrative Services shall establish a transfer request log.
14.3.1 Notification of Vacancies
The Superintendant or his/her designee will notify bargaining unit employees
requesting a transfer of any vacancies and will refer all such bargaining unit
employees to the appropriate administrator. Consideration will be given to all
applicants who meet the qualifications for the vacancy by seniority. The final
selection shall be made by the District. Probationary employees shall not be
considered for employee initiated transfers.
14.3.2 Conference When Transfer Not Granted
14.4 Employer Transfers
All Bargaining Unit members who requested and were denied a transfer shall
have the opportunity to schedule a meeting with the Superintendant or his/her
designee, to discuss the specific reason(s) for the denial of the transfer. If the
employee requests, the specific reason(s) for the denial of the transfer will be put
into writing.
Any Bargaining Unit member may be transferred by the Employer based upon reasonable
District needs, provided that such transfer shall not result in the loss of pay or benefits to
the employee. The employee shall meet with the Superintendant or his/her designee and
be given the specific reason(s) for the transfer and such reason(s) shall be placed in
writing if requested by the employee.
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14.5 Timeline for School Year Assignments
The District shall complete all tentative personnel assignments for the fall by June 1, and
will notify employees of their assignment.
14.6 Retention of Benefits
Transfers shall be made without change in classification status, anniversary date, or
accumulated vacation credit.
14.7 Fairness
Transfers shall not be arbitrary, punitive or disciplinary in nature.
14.8 Mileage Compensation During Temporary Assignments
Any employee required to work at a work site on a temporary assignment which is more
than three miles from his/her normal work site, will be compensated for the total mileage
difference between the normal work site and the temporary work site at the Internal
Revenue Service authorized rate per mile.
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ARTICLE 15 - SAFETY
15.1 Employee Reports of Unsafe Conditions
The safety of pupils and employees is of the utmost concern to the District and the Union.
To ensure that exposure to unsafe conditions is minimized, classified employees are
encouraged to be safety conscious in their own actions to report immediately, verbally and
in writing, any alleged unsafe or potentially unsafe conditions to their immediate
supervisor. A copy of this report shall be given to the President of the Union.
15.2 Timeline
If not correctable at the site, the immediate supervisor shall forward such report to the
District Office within five working days, and the District Office shall respond in writing to
the employee and the immediate supervisor within ten working days after receipt of the
report as to whether or not action shall be taken on the reported unsafe or potentially
unsafe condition. If no action is to be taken, the District Office shall indicate to the
employee, the immediate supervisor, and the Union, in writing, the reasons for such
inaction.
15.3 Safety Committee
A Safety Committee shall be formed composed of two members appointed by the
Superintendent and two members appointed by the President of the Union. The
committee shall review safety and sanitary conditions and make recommendations to the
Board of Trustees for improvements.
15.3.1 The Safety Committee shall inspect each work site once during each year and
make written recommendations between November 15 and December 15 to both
the Superintendent and the Union concerning the safety of those sites. If the
Superintendent and Union mutually agree, follow-up inspections may be held.
15.4 Accident Reports
Any accident to an employee during his/her hours of employment by the District must be
reported to the principal or immediate supervisor. Accidents shall be reported
immediately, for the protection of the employee and the District.
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ARTICLE 16 - EVALUATION PROCEDURES
16.1 Philosophy
The District and the Union accept as a fundamental premise for a successful evaluation
program the necessity for mutual respect and confidence to exist between the evaluator
and those evaluated. The District and the Union agree that the major reasons for
evaluation are: To provide the employee with information regarding the status of his/her
employment and the quality of work and to provide the District and the immediate
supervisor with current reports and permanent records on the performance of the
employee. Evaluation shall not be used for purpose of discipline, absent supporting
documentation.
16.2 Evaluators
Each classified employee shall be evaluated by his or her immediate supervisor as
determined by the Superintendent. The immediate supervisor shall base his/her evaluation
on direct knowledge of the employee's work. Under no circumstances shall bargaining
unit employees evaluate other bargaining unit employees.
16.3 When Evaluated
Permanent employees continuing in their same classification and location shall be
formally evaluated at least once each year, between January 1 and April 30 for the first
three years. Employees continuing in the same classification and location after three years
shall be evaluated every other year provided there are no ratings of three or four. An
employee whose evaluation contains a rating of three or four shall be evaluated yearly
until all ratings are satisfactory. The performance evaluation form shall be provided at the
performance evaluation conference to be conducted at the assigned work site during
scheduled work time. In cases where employees are assigned to multiple sites with
multiple supervisors, evaluations will be given at each site by each supervisor. In cases
where the employee is assigned to multiple sites with one supervisor, the site will be
chosen by the employee and immediate supervisor. Employees who transfer to a new
location shall be subject to an annual evaluation in their first year. A change in job
classification is subject to evaluation per section 16.3.1.
16.3.1 Probationary Employees
Probationary employees shall be formally evaluated at the end of the first and
fifth months of employment. The evaluation at the end of the fifth month shall
include a statement of the acceptability or non-acceptability of the individual as
a permanent employee. Assuming service has been satisfactory, a regular
employee shall become a permanent regular employee at the conclusion of six
months of service.
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16.3.2 Interim Evaluation
16.4 District Responsibilities
Interim evaluation(s) may be made by an employee's immediate supervisor if
the supervisor observes deterioration in work performance. Any evaluation
rating of three or four shall contain recommendations to bring the rating to a
satisfactory level of two.
Evaluations shall be based upon direct knowledge and observation by the evaluator of the
employee's performance of assigned duties and responsibilities. The evaluator shall take
the responsibility for making positive and constructive suggestions to the employee which
may benefit and provide assistance to help the employee improve his/her job performance,
particularly regarding any deficiencies noted in the evaluation. In the event of an
unsatisfactory evaluation, either party may request an additional evaluation(s).
16.5 Request to Review Evaluation
If the employee disagrees with the content of the evaluation, he/she shall have the right to
submit within ten working days a statement presenting additional facts, information,
explanations, and/or viewpoints which shall be attached to each copy of the evaluation.
The employee may request a conference with the Chief Business Official to review the
evaluation.
16.6 Union Responsibilities
The Union shall accept responsibility for giving assistance to any classified employee
receiving an unsatisfactory evaluation should the classified employee request such
assistance for improving his/her performance. When the Union and the District mutually
agree on a plan for assistance, the District will help facilitate the plan.
16.7 Procedure
Standard evaluation forms provided by the District administration shall be used for
recording the evaluation. The form shall be completed in triplicate and shall be distributed
as follows:
a) One copy to the employee
b) One copy to the supervisor
c) One copy to the Superintendent or his/her designee for review and placement in the
personnel file of the employee in the District Office.
16.7.1 Requirement to Sign
All copies shall be signed by both the evaluator and the employee evaluated. By
signing the evaluation form, the evaluator certifies that he/she has met with the
employee and discussed job performance, including strengths, progress, and
weaknesses or problems, and needed areas of improvement noted therein. The
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employee's signature on the evaluation indicates only acknowledgment of having
seen the form and having had an opportunity to discuss it with the evaluator, not
necessarily agreement or disagreement with the statements on the form.
16.7.2 Responsibility to Comply With Improvement Suggestions
16.8 Personnel Files
Following each evaluation, the employee will be responsible for complying with
the specific suggestions for improvement as made by the employee's immediate
supervisor.
Copies of official evaluations and supportive statements are to be maintained in the
employee's confidential personnel file in the District Office. Employees shall have the
right to examine all materials in their personnel files, except material obtained prior to
their employment in the District, by requesting an appointment with the Superintendent or
his/her designee providing that the request is made at a time when such employee is not
actually required to render services to the District. If the employee desires, he/she may be
accompanied by a CSEA representative. The contents of personnel files shall be
considered as privileged and access shall be limited to authorized personnel on a
professional need-to-know basis.
16.8.1 Review and Response to Personnel File Contents
Information of a negative or derogatory nature shall not be placed in an
employee's personnel file until the employee has been notified and given an
opportunity to make an appointment with the Superintendent or his/her designee
to review such material, and to prepare a written response to it. Such review
shall take place during normal business hours and the employee shall be released
from duty for this purpose without salary reduction. Any written response shall
be attached to the material included in the file. All written material placed in an
employee's personnel file shall be dated and signed by the individual who
prepared the item. Evaluation information will not be released to prospective
employers.
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ARTICLE 17 - PROMOTION
17.1 First Consideration
Employees in the bargaining unit who apply for a job vacancy in the bargaining unit shall
be given first consideration in filling any job vacancy within the bargaining unit, which
can be considered a promotion after the announcement of the position vacancy.
17.2 Appointment
When a vacancy occurs in a regular classified position, the names of the eligibles having
the first three ranks highest on the appropriate eligibility list and who are ready and
willing to accept appointment shall be referred to the appointing authority, except in case
of a reemployment list. When fewer than three ranks of candidates are available for
certification, the appointing authority may choose not to appoint any of them and may
request a new examination.
17.3 Posting of Notices
Notice of all job vacancies within the bargaining unit shall be posted on bulletin boards in
prominent locations at each District work site.
17.3.1 Posting Period
17.4 Notice Contents
17.5 Filing
The job vacancy notice shall remain posted for a period of six full working days,
during which time employees within the unit may file for the vacancy.
The job vacancy notice shall include the job title, a brief description of the position and
duties, the number of hours per day, regular assigned work shift times, days per week, and
months per year assigned to the position, the salary range, and the deadline for filing to fill
the vacancy.
Any employee in the bargaining unit may file for a vacancy by submitting written notice
to the Chief Business Official within the filing period.
17.5.1 Notification of Vacancy While on Vacation or Leave
Any bargaining unit employee who has submitted a request in writing to the Chief
Business Official prior to any vacation or leave of absence that he/she be notified
of a job vacancy while on vacation or leave of absence shall be mailed a copy of
the notice of job vacancy by First Class Mail on the date the position is posted.
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17.5.2 Authorization for Job Steward to File
Any bargaining unit employee on leave or vacation may authorize his/her job
steward to file on the employee's behalf.
17.6 Distribution of Job Information
Upon initial employment and each change in classification, the individual employee shall
receive a copy of his/her applicable job description, a specification of the monthly and
hourly rates applicable to his/her position, a statement of the duties of the position,
regularly assigned work shifts, the hours per day, days per week, and months per year.
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ARTICLE 18 - LAYOFF AND REEMPLOYMENT
18.1 Reason for Layoff
Classified employees may be laid off for the following reasons:
a) Lack of work
b) Lack of funds
18.2 Definition of Class
"Class" refers to each of the classifications set forth in Appendix A. "Class" may consist
of a single position.
18.3 Seniority
Seniority shall be determined by the provisions contained in Article 24 of the current
collective bargaining agreement. This provision shall be applied so that no employee who
as of the date on which this contract is signed is senior to one or more other employees
shall lose such seniority.
18.4 Notice to Employees
Employees affected by layoffs shall be given notice as set forth below:
18.4.1 Employees shall be given written notice of layoff not less than 45 days
prior to the effective date of the layoff. The District may elect to either
send the notice of layoff by certified mail or hand deliver it. If the notice is
hand delivered a signed receipt shall be obtained.
18.4.2 The notice of layoff shall contain the following:
a) A statement of the effective date of layoff;
b) A statement that the employee may have displacement (Bumping)
rights;
c) A statement of reemployment rights;
d) A reason for the layoff;
e) A statement advising the employee of his/her possible right to
unemployment benefits;
f) A notification of the locations of the seniority list for the employee’s
review.
18.5 Order of Layoff
Employees shall be laid off by classification in inverse order of seniority in the class. In
the event that two or more employees have equal seniority the order of seniority shall be
determined by original date of hire. In the event the original date of hire is the same, the
order of seniority shall be determined by lot.
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18.6 Displacement Rights
Employees whose positions are eliminated maintain the right to displace (bump) other
employees in the same class with less seniority.
18.6.1 In lieu of layoff, employees have the right to a vacant position in a lower class,
equal class or higher class in which they have previously served. Absent such
vacant position, laid off employees may exercise bumping rights over employees
with less seniority in a lower class, equal class or higher class provided the senior
employee has previously served in that class. The laid-off employee may exercise
his/her seniority rights to displace the least senior employee with an equal hourly
position or may elect to bump a less senior employee in position of less hours.
18.6.2 Any employee who is displaced (bumped) from his/her position shall have the
same displacement (bumping) rights as set forth in (18.6.1) above.
18.6.3 An employee may elect layoff in lieu of exercising bumping rights, but this
election shall operate to waive any reemployment rights to lower classes.
18.6.4 Displacement rights must be exercised within at least five (5) working days of
notice of layoff.
18.6.5 The District shall notify unit members receiving layoff notices of all known
options re: Displacement Rights. Unit members shall be allowed to choose from
the available options by order of seniority.
18.6.6 The District may call a meeting of affected unit members or contact them
individually to determine their preferences regarding exercise of displacement
rights.
18.7 Reemployment Rights
Unit members who have been laid off are eligible for reemployment to their previous class
for a period of 39 months and shall be reemployed in preference to new applicants. Laid
off employees will be reemployed in the inverse order that they were laid off.
18.7.1 Unit members who have been laid off shall also have the right to apply for open
positions.
18.7.2 The District shall fulfill its duty to communicate an offer of reemployment by
sending the employee a certified letter to the last address that the employee has
provided to the Business Office.
18.7.3 If the District does not receive a response within fourteen calendar days of the
postmark date of the offer, the unit member shall be considered as having
declined the offer of reemployment.
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18.7.4 A unit member who accepts an offer of reemployment shall be given at least
seven calendar days from the date of such acceptance to report to work. The
District may establish a time for return to work that is greater than seven calendar
days. By mutual agreement the unit member may report for work within less than
seven calendar days.
18.7.5 A unit member who accepts reemployment shall be restored to his/her previous
step on the salary schedule. However, service credit (longevity) and benefits shall
not accrue during the period of layoff.
18.8 Miscellaneous Provisions
Unit members who are laid off may request placement on the substitute list and shall be
given preference for hiring as substitutes. Pay for work performed, as a substitute shall be
at the regular substitute rate of pay for the classification in which the work is performed.
18.8.1 For any laid off employee who is currently receiving health and welfare benefits,
the District shall pay one additional month of those benefits provided that the
employee has served five or more continuous years with the District. District
contributions paid as cash back to an annuity are not covered under this
provision.
18.8.2 The District shall notify CSEA, Chapter 128, in writing of any impending layoff
of bargaining unit employees prior to publication of the agenda of the Board of
Education meeting at which the layoff is to be considered.
18.8.3 This article shall serve to satisfy the District's obligation for negotiating the
effects of layoffs, which may occur during the term of this agreement except for
the transfer of work that was being performed by laid off employees.
18.9 Health Benefit Continuation Upon Resignation or Layoff
Under Federal law, the District is required to offer employees and their families the
opportunity for a temporary extension of health coverage at a group rates (COBRA) in
certain instances where coverage under the health plan would otherwise end.
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ARTICLE 19 - ORGANIZATIONAL SECURITY
19.1 Check Off
The Union shall have the sole and exclusive right to have membership dues deducted for
employees in the bargaining unit. The District shall, upon appropriate written
authorization from any employee in the unit, deduct and make appropriate remittance for
dues or programs specified in 19.3 below. The District shall pay to the designated payee
within thirty days of the deduction sums so deducted. Such authorization shall continue in
effect unless revoked in writing.
19.2 Dues Deduction
The District shall deduct, in accordance with the attached Union dues and service fee
schedule, dues from the salaries of all employees who are, or become, members of the
Union and who have submitted dues authorization forms to the District. The District shall
immediately notify the Union if any member revokes a dues authorization. Dues shall be
deducted in ten equal installments each fiscal year.
19.3 New Employees
Employees, in classifications within the bargaining unit, shall be required, within thirty
days of the date of their employment to apply for membership or pay a service fee. The
District shall deduct this service or membership fee from the employee's wages, provided
that the employee has voluntarily executed a written authorization form and presented it to
the District allowing such deduction by the District. Should any employee refuse to
authorize payroll deduction for this fee, the Union and the District shall jointly take
appropriate action to collect the monetary obligation.
19.4 Religious Objection
Any employee covered by this Agreement who is a member of a religious body whose
traditional tenets or teachings include objections to joining or financially supporting any
employee organization, shall not be required to join, maintain membership in or
financially support any employee organization as a condition of continued employment
except that once such an employee has submitted evidence to the Union which proves that
he/she sincerely holds such beliefs will be required, in lieu of a service fee to pay sums
equal to such service fee either to a non-religious, non-labor organization, charitable fund
exempt from taxation under Section 501 (d)(3) of Title 26 of the Internal Revenue Code,
chosen by such employee from the following:
a) American Cancer Society
b) Heart Association
19.4.1 This section is applicable only to those employees who have been hired since the
original ratification of the shop agreement set forth in Section 19.3 of this Article.
19.5 Deduction and Payment of Charitable Contributions
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Evidence that such an employee belongs to a religious body described herein shall, within
thirty days of the date of this Agreement, or their initial employment, present proof to the
Union that they are a member of such religious body and shall execute a written
authorization for the payroll deduction in an amount equal to the service fee payable to
one of the two organizations, listed under this section of this Agreement, or in the
alternative, such employee shall provide proof to the District that such payments have
been made on an annual basis as a condition of continued exemption from the requirement
of financial support to the exclusive representative. If such employee who holds
conscientious objections pursuant to this section requests the employee organization to use
the grievance procedure or arbitration procedures on the employee's behalf, the employee
organization is authorized to charge the employee for the reasonable cost of using such
procedure.
19.6 Hold Harmless Clause
The Union shall indemnify and hold the District harmless from any and all claims,
demands, or suits, or any other action arising from the organizational security provisions
contained herein.
19.7 Changes in Dues and Service Fee Schedule
Should the dues and service fee schedule be changed by appropriate action of the Union,
the new schedule shall, upon the effective date, be substituted upon written notice from
the Union to the District. However, the District shall not be obligated to put into effect
any new, changed or discontinued deduction until the pay period commencing at least
thirty days following such notification.
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ARTICLE 20 – DISCIPLINE
20.1 Imposition of Discipline for Just Causes
Discipline shall be imposed by the District on classified unit members for cause.
20.2 Definition
Discipline is suspension, demotion or dismissal. Progressive discipline is applied. The
following causes shall be grounds for disciplinary action.
20.2.1 Causes
a) Incompetency – A pattern of below standard work performance.
b) Inefficiency – The continued inability to perform the assigned duties of the
position.
c) Insubordination – Refusing to perform lawful and reasonably assigned duties.
d) Inattention to or dereliction of duty – A pattern of continued neglect or
dereliction in the performance of assigned duties.
e) Discourteous, offensive or abusive conduct or language toward other
employees, students or the public, or any other failure of good conduct which
detracts from the image of the District.
f) Ethnic, racial, religious, or sexual harassment of another. (Sexual harassment
is defined as unwelcome sexual advances, requests for sexual favors and other
verbal, visual or physical conduct of a sexual nature, made by someone from
or in the workplace).
g) Theft, stealing, misusing, destroying, or mishandling District property.
h) Intentional and persistent violation of relevant Education Code or written
procedures of the District.
i) Knowingly falsifying or withholding any material information given to the
District, including but not limited to information on application forms and
employment records.
j) Possession of opened alcoholic beverage containers on District property,
drinking alcoholic beverages on District property, or being intoxicated while
on duty.
k) The use or possession, while on duty, of illegal or restricted dangerous drugs,
other than those prescribed by a licensed physician.
l) Conviction of a felony or serious crime or a record of one or more convictions
which indicate that the individual is a poor employment risk for the job held.
A plea verdict, or finding of guilty, or a conviction following a plea of nolo
contendere is to be deemed a conviction within the meaning of these rules.
m) Conviction of a sex offense as defined in Education Code Section 44010.
n) Conviction of a narcotics offense as defined in Education Code Section
44011.
o) Engaging in political activities during assigned hours of duty.
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20.3 Non-Discrimination
p) Repeated unexcused absence or tardiness, abuse of sick leave, or absence
without notification of leave.
q) Physical or mental incapacity to perform duties of the position or
classification to which assigned.
r) Abandonment of Position – Absence of five consecutive work days
without reasonable cause.
s) Offering or accepting any service or an object of value in exchange for
special treatment in connection with the employee’s employment.
t) Cancellation or suspension of a license required for the performance of
assigned duties.
u) Advocacy of the overthrow of federal, state, or local government by force.
No classified unit member shall be disciplined or discriminated against because of race,
sex, national origin or ancestry, religion, or union activity. No classified unit member
shall be disciplined because of his/her marital status, age, political of religious acts,
opinions or affiliations except pursuant to reasonable District Administrative
Regulations, or applicable State or Federal law.
20.3.1 No unit member shall be held accountable for any action or behavior based
upon information provided by any unidentified person(s) or group.
20.4 Progressive Discipline
The following progressive discipline steps will be applied except where the serious
nature of the offense may require the District to impose more severe discipline.
Whether or not the serious nature of the offense warranted bypassing the progressive
steps may be appealed to the Superintendent or designee in the case of written warning
or written reprimand and to the Grievance Procedure in the case of suspension without
pay, demotion or dismissal.
20.4.1 Verbal Counseling/Warning
The immediate supervisor shall inform the unit member that this is the first step
of progressive discipline. Verbal counseling/warning may result in a postconference
summary memorandum. Post conference summary memorandum
will not be placed in the unit member’s personnel file.
20.4.2 Written Warning
Before discipline is imposed, the immediate supervisor will give written
warning to the unit member whose work or conduct is of such character as to
incur discipline and give a reasonable period of time to permit the unit member
to correct the deficiency without incurring discipline. Written warnings will not
be used unless the unit member has received a verbal warning about similar
actions within the last twelve months. Written warnings will be given within
three working days of the incident by the immediate supervisor. Written
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20.5 Notice
warnings will not be placed in the unit member’s personnel file. Such written
notice will state in ordinary and concise language the reasons, acts, and/or
omissions, underlying any intention the supervisor may have of recommending
disciplinary action. A copy of the warning notice will be sent to the Union
Representative.
20.4.3 Written Reprimand
Written reprimands will not be used unless the unit member has received a written
warning about similar actions within the last twelve months. All written reprimands
will include the following statement, “A copy of this document will be placed in your
personnel file. You have ten days from receipt of this document to submit in writing
any response or comments. Any written response and/or comments received will be
attached to this document for placement in your personnel file.” The unit member will
sign the reprimand to acknowledge receipt. A copy of the written reprimand will be
sent to the Union Representative.
20.4.4 Emergency Suspension With Pay
Emergency situations can occur involving the health and welfare of students, the
public, or unit members. In circumstances where the District believes that the unit
member’s conduct may constitute a hazard to, or a clear possibility of a hazard to,
students, unit members, the public, property, or involves job-related dishonesty or
gross misconduct, the unit member may be immediately placed on administrative
leave with pay for not more than thirty days while an internal investigation is
conducted. The immediate supervisor will immediately notify the District of the
emergency and recommend that the District’s Chief Business Official place the unit
member on administrative leave. The unit member and the Union will be given
written notice of the action within three days. The unit member shall be given the
opportunity to respond verbally to the charges.
20.4.5 Suspension Without Pay
Suspension without pay will not be used unless the unit member has received a
written reprimand about similar actions within the last twelve months. No unit
member will be suspended without pay for more than fifteen working days
during the school year. In all instances, however, the length of the suspension
will be related to the severity of the action and suspension history of the unit
member.
Notice of a suspension or term of suspension, demotion, or notice of intent to discharge
will be made in writing and served in person or by registered mail to the unit member at
his/her last known address, by the Chief Business Official. A copy will be provided to the
Union Representative. The notice shall include the following information:
20.5.1 A statement in ordinary and concise language of the specific charge(s) against the
unit member, where applicable, a description of the specific acts and omission
(including location, times and dates) upon which the action is based.
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20.5.2 Nature of the proposed action (suspension, demotion, dismissal, etc.)
20.5.3 Where applicable, the Education Code section, policy, rule, regulation, or directive
violated.
20.5.4 Proposed effective date of the disciplinary action.
20.5.5 Employee’s rights to see and obtain copies of all relevant evidence and
documentation.
20.5.6 Employee’s right to representation.
20.5.7 Statement advising the unit member of his/her rights to be heard at a predisciplinary
conference.
20.5.8 Employee’s right to request a meeting with the Superintendent or his/her designee to
dispute the charges and/or proposed action within five days of service.
20.5.9 Employee’s right to respond to charges either orally or in writing.
20.6 Pre-Disciplinary Conference (Skelly)
Upon receipt of the written notice provided under 20.5 above and prior to the imposition
of discipline, the bargaining unit member shall be offered the opportunity to meet with the
Superintendent or designee. The unit member has the right to representation by the Union
at such conference. The unit member may waive in writing the pre-disciplinary conference
within three days of the conference date. If the unit member waives the conference or if
the unit member is dissatisfied with the results of this conference the unit member may
appeal the matter to the Governing Board.
20.6.1 The unit member and the Union will be notified in writing of the results of any
such conference within ten working days.
20.6.2 A copy of any notice of discipline shall be delivered to the Union within twentyfour
hours after service on the unit member.
20.6.3 An employee against whom disciplinary action is proposed, shall receive
in writing the notice (including charges) and conference results either in person or
by United States registered mail with postage prepaid, addressed to the unit member
at his/her last known place of address, a copy of the charges, conference results, a
copy of his/her rights to a hearing before the Governing Board. A form shall be
provided to the employee, the signing of which shall constitute a demand for a
hearing and denial of all charges. The employee may request a hearing in writing,
either by mail or personal delivery, within five business days after service of the
statement of charges. In the absence of a request for a hearing with five business
days, the disciplinary action shall be effective to the date set forth in the written
notice.
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20.7 Formal Hearing
20.7.1 Scheduling of Hearing
A formal hearing shall be held within a reasonable period of time after the filing
of a request for a hearing.
20.7.2 Failure to Request a Hearing
If the employee does not request a hearing within five business days following
receipt of the charges, disciplinary action may be taken without a hearing.
20.7.3 Use of Evidence at a Hearing
Technical rules of evidence shall not apply at the hearing.
20.7.4 Impartial Hearing Officer
Should disciplinary action be recommended to the Board of Education, the Union
shall have the right to refer such action to an impartial hearing officer selected by
mutual agreement of the District and the Union prior to its being presented to the
Board of Education, and the effective date of the proposed disciplinary action
shall be held in abeyance pending the decision of the hearing officer. The decision
of the hearing officer shall be final and binding.
If the District and the Union cannot agree upon a hearing officer, the State
Mediation and Conciliation Service will be requested to supply a list of five
names. Each party will alternately strike from the list until only one name
remains. The order of striking will be determined by lot. The District and Union
will share the cost, if any, of the hearing officer.
20.7.5 Board of Education Hearing
20.7.5.1 If the Union does not refer the matter to a hearing officer, the
bargaining unit employee shall have the right to appeal the proposed
discipline to the Board of Education in accordance with the following
section.
20.7.5.2 In the event a hearing officer is not utilized, the Board of Education
shall conduct a hearing and the decision of the Board of Education
shall be final
20.7.6 Representation
Unit members shall have the right to be accompanied by a representative or
conferee of his/her choice at any level of the appeals process.
20.7.7 Right to Review Materials
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Unit members shall have the right to examine and obtain copies of all materials
on which proposed disciplinary action is based.
20.7.8 Right to Testify and Call Witnesses
20.8 Disciplinary Settlement
The employee shall have the right to personally appear and testify, to call
witnesses, to cross-examine witnesses called by the administration, and to
present documentary evidence before a hearing officer or the Board of
Education appeal hearing.
A disciplinary settlement may be reached at any time following the service of notice of
discipline. The terms of the settlement shall be reduced to writing. An employee offered
such a settlement shall be granted five business days to accept or reject such disciplinary
settlement.
20.9 Miscellaneous Provisions
20.9.1 Burden of Proof
The burden of proof in any disciplinary hearing rests with the District.
20.9.2 Time Limitation
With respect to permanent unit members the District shall not initiate any disciplinary
action for any cause alleged to have arisen prior to the unit member becoming
permanent for any cause alleged to have arisen more than two years preceding the date
that the District files the notice of disciplinary action unless the cause was concealed or
not disclosed by the employee.
20.9.3 Probationary Release
Unit members who are not permanent classified employees be dismissed by
written notice (terminated from probation) by the District without cause and have
no right to appeal.
20.9.4 Permanent unit members who have been promoted to a higher classification may
be demoted involuntarily to the unit member’s former classification during the
probationary period in the higher classification. The unit member shall be notified
in writing of the action and the reason or cause upon which the action is based. If
dissatisfied, the unit member may appeal the demotion as a disciplinary action.
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ARTICLE 21 - JOB STEWARDS
21.1 Statement of Purpose
The District recognizes the need and affirms the right of the Union to designate Job
Stewards from among the employees in the bargaining unit. It is agreed that the Union in
appointing such Stewards does so for the purpose of promoting an effective relationship
between the District and employees by helping to settle problems at the lowest level of
supervision.
21.2 Method of Selection and Notification to District
The Union reserves the right to designate the number and the method of selection of Job
Stewards. The Union shall notify the District in writing with the names of the Job
Stewards and the group they represent. If a change is made, the District shall be advised
in writing of such change.
21.3 Release Time
Job Stewards shall be granted a reasonable amount of release time for the purpose of
representing a bargaining unit member at a grievance conference or at a disciplinary
conference or appeal. The Job Steward shall notify the immediate supervisor in advance
if their presence is requested at such a conference or hearing. Job Stewards shall also
receive release time of two hours per grievance for investigation and processing.
21.3.1 Unit members shall make every effort to resolve work related concerns/issues
during non-work hours.
21.4 Access to Work Locations
Authorized Job Stewards shall have access to employee work locations, providing there is
no interference with the work responsibilities of the employee, and the procedures for
acknowledging presence in the building required of all citizens are followed. Job
Stewards shall be entitled to seek and obtain assistance from Union staff personnel.
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ARTICLE 22 – CONTRACTING OUT
The District may only contract out services in accordance with Education Code section
45103.1 (see Appendix N for the language of Section 45103.1), except that no classified unit
member may be required to accept employment with a private contractor in lieu of continuing
as a District employee.
The District agrees that in any event, contracting out for services will not result in the lay-off,
demotion, involuntary transfer to a new classification, or reduction in compensation for any
unit member.
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ARTICLE 23 - TRAINING
23.1 In-Service Training Program
The District shall provide a program of in-service training for employees in the bargaining
unit designed to maintain a high standard of performance and to increase the skills of
employees in the bargaining unit. Employees may request in-service training by
submitting a written request on the Request for In-Service Training - Classified form
(Appendix L) to the Chief Business Official, and the Union. The District shall consult
with a representative(s) of the Union to review requests and plans for in-service training
program.
23.2 In-Service Training Time
Any required in-service training shall take place during regular working hours at no loss
of pay or benefits to employees. Nothing herein shall preclude the District from making
available to employees in-service training programs, which are strictly voluntary outside
of regular working hours.
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ARTICLE 24 - SENIORITY
24.1 Seniority in a Classification
All service in a classification, plus higher classifications, shall count as seniority within
the classification. Time served in a lower classification is not counted toward seniority in
a higher classification regardless of how the assignment to the lower classification was
made; i.e., bumping, reinstatement, voluntary demotion, etc.
24.2 Date of Hire
Seniority shall be calculated by date of hire in the classification. If two or more employees
are hired on the same day, the determination shall be based on original date of hire in the
District. If the original date of hire is the same, the determination shall be by lot.
24.3 Employees Hired Before June 17, 1992
Except that: for employees hired before June 17, 1992 seniority shall be calculated by
hours in class and date of hire, exclusive of overtime. This calculation shall produce a
numbered ranking list in class and hire which when appended to the date of hire list will
produce an overall seniority ranking for both classes and district seniority.
24.4 Reemployment and Recall Rights
Reemployment and recall rights of laid off employees will be in accordance with the
provisions of the California Education Code.
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ARTICLE 25 - GENERAL COMPLAINT PROCEDURE
25.1 Purpose
This complaint procedure is provided for the prompt and equitable adjustment of
differences relating to matters other than interpretation of any ratified contract or alleged
Article 12 (Leaves) violations. The most effective solution is found when these
differences are resolved at, or close to the point or origin. The following procedures and
definitions have been established to implement a spirit of professional working
relationships.
25.1.1 Nothing in this procedure should be construed as denying to any employee the
opportunity to consult with any supervisory or administrative officers in the
District, but not as a means to circumvent the channels outlined.
25.2 Definitions
Problem -- A problem is a complaint or a misunderstanding on the part of an employee(s),
which arises from the application and interpretation of Board of Trustees Policies, state
laws, administrative regulations, and/or building procedures.
25.2.1 Complaint -- A complaint is an unresolved, aggravated problem which is acted
upon when either party to a disagreement states that it exists and requests that the
procedures contained herein be invoked.
25.2.2 Conferee -- A conferee is a person chosen by the aggrieved but is not a party to
the complaint.
25.3 Procedure
The individual with a problem shall first discuss the matter with the employee involved.
He may go directly or be accompanied by a third party of his choice with the objective of
resolving the matter informally at the point of origin.
25.3.1 If the problem is not resolved informally at a private conference, then either
party may declare that a complaint exists and the following procedures invoked.
25.3.2 The procedures outlined in Levels I through III shall apply to all employees
except that where a staff member's superior is someone other than a building
principal, that person shall constitute authority at Level I. Where the
Superintendent is the aggrieved immediate supervisor, the procedure shall begin
at Level II.
25.4 Level of Principal or Supervisor (Level I)
Any employee shall present a statement of complaint in writing to his principal or
supervisor within ten working days following the act or stated condition, which is the
basis of his/her complaint. This statement shall include the circumstances on which the
complaint is based; the persons involved; the decisions rendered at the informal
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conference; the remedy sought, an outline of actions taken to adjust the complaint. Copies
shall be sent to any conferee.
25.4.1 Either party to the complaint shall have the right to request a conference with or
without a conferee in order to resolve the complaint.
25.4.2 The principal or supervisor shall communicate his decision to the employee in
writing within ten school days after receiving the complaint.
25.5 Level of Superintendent (Level II)
An employee may appeal in writing a Level I decision to the Superintendent within ten
working days after receiving it. A copy of the appeal shall be furnished to the principal or
supervisor who shall forward a report to the Superintendent. The Superintendent shall
acknowledge receipt of the appeal.
25.5.1 The Superintendent or his designated representative shall investigate the details
of the complaint and confer with the employee within ten working days. The
employee, at his/her discretion, may bring in a conferee of his/her choice.
25.5.2 The Superintendent shall communicate in writing the outcome of the
conference(s) to those directly involved, within ten working days.
25.5.3 While it is recognized that an employee may seek assistance from his employee
organization at any stage in the complaint procedure, it is recommended that
such assistance be sought before going on to Level III.
25.6 Level of Board of Trustees (Level III)
The employee may appeal the Level II decision directly to the Board of Trustees in
writing, within ten working days after the receipt of it. A copy of the appeal shall be
furnished to the Superintendent and the principal or supervisor. The Superintendent shall
acknowledge receipt of the appeal.
25.6.1 Upon receipt of the appeal, the Superintendent shall, within ten working days,
furnish a full report to the Board of Trustees. This report shall include the
employee's statement of complaint and all other pertinent materials, which shall
include report of the findings and opinions of all other levels.
25.6.2 The Board of Trustees shall study the details of the complaint and confer with
the employee within twenty working days. The employee, at his own discretion,
may bring in a conferee of his choice.
25.6.3 The decision of the Board shall be communicated in writing to those directly
involved. The decision of the Board of Trustees shall be binding to the extent
that no rights of the aggrieved to further legal action are abrogated.
25.7 Miscellaneous Provisions
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No employee shall be held accountable for any action or behavior based upon information
provided by any unidentified person(s) or group.
25.7.1 No complaint shall be considered or acted upon against an employee unless the
complaint is first defined and the complainant is identified.
25.7.2 Time limits given in these procedures may be modified by agreement in writing
of all parties involved.
25.7.3 There shall be no reprisals of any kind taken against any employee or his
authorized conferee because of their participation in the complaint procedure.
25.7.4 If a complaint arises from the action of authority higher than the principal of a
school or supervisor, organizations may present such complaint at the
appropriate step of the complaint procedure.
25.7.5 Failure at any step of this procedure to communicate the decision on a complaint
within the specified time limits shall permit lodging an appeal at the next step of
the procedure within the time allotted had the decision been given. Failure to
appeal a decision within the specified time limits specified in this procedure may
be extended in any specific instance, by mutual agreement in writing.
25.7.6 The complaint procedures provided in this Agreement shall be supplementary or
cumulative to any procedures or remedies afforded to any employee by law,
either State or Federal, (including right to legal representation).
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ARTICLE 26 -PROFESSIONAL GROWTH INCREMENT (PGI) PROGRAM
26.1 Intent
The District and the Union recognize that professional planned growth activities
contribute to the competencies of employees. The District shall develop and
maintain a professional growth increment program, which provides for salary
advancement.
The program is designed to recognize, through provision for salary training credit,
that workshops, District committees, and conference experience contribute to
improving the competencies of unit members. To obtain salary training credit, the
activity (including but not limited to workshops, District Committee work or
conferences) must be directly related to at least one of the following criteria:
a) implementing state or District standards,
b) planning and/or implementing District sanctioned programs related to the
District’s Strategic Plan,
c) increasing one’s repertoire of effective job related strategies,
d) polishing and refining one’s job related skills,
e) improving the classroom learning environment,
f) contributing to the health and safety of students and staff.
26.1.1 PGI Credit Requirements
Classified employees may receive credit in the amount of $26.52 per
semester unit per year, effective September 1 of the year of completion
of the unit, with a limitation of six units per semester and twelve units
per year, and total limitation of sixty units within a given classification.
This amount will be paid to each classified employee regardless of
whether his/her assignment is full time or part-time. For units approved
and completed before June 30, 1976, the total limitation is 36 units.
Course work must relate directly to the employee's specific area of
employment in the District or to a classification to which he/she could
be promoted, or be on the list of general education classes for all
classified employees. A passing grade is required for credit to be
granted.
26.1.1.1 Credit will not be given for activities that are compensated
for in the form of pay or time off from regular duties.
Official transcripts or a statement from the instructor
describing the work completed must be on file in
Administrative Services by the first working day of the
school year. No credit will be given for workshops or units
taken prior to July 1, 1971.
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26.1.1.2 The individual desiring the credit must request approval in
advance on form DO-225 (Appendix O). The Principal or
Department Head shall review the application and approve or
deny.
26.1.1.3 If the approval of the course is denied, the individual
involved may submit it to the Superintendant or his/her
designee. If denied, the individual may appeal to the
Superintendent, whose decision shall be final.
26.1.1.4 Nonstandard Proposals
The Chief Business Official will review proposals for
unusual activities and approve or reject these proposals. The
decision of the Chief Business Official is final.
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ARTICLE 27 - VACANCIES
27.1 Vacancy Notification
27.1.1 The District shall post a job vacancy bulletin at least seven calendar days prior to
the application deadline. This would include confidential and classified
management positions.
27.1.2 Notices will normally be posted at all work locations. During summer recess the
District will make reasonable efforts to notify all potential applicants not working
during the recess period. Employees may request to be notified by the Chief
Business Official of any vacancies that occur during summer recess.
27.1.3 The notice will set forth the minimum qualifications for the vacancy and
application procedures.
27.1.4 Unless CSEA and the District mutually agree otherwise, the District shall fill
vacancies within sixty calendar days of posting. During the sixty day period, the
District may fill the vacancy with a substitute employee. Nothing shall preclude
the District from offering another bargaining unit employee the temporary
assignment.
27.2 Qualifying Process
27.2.1 All eligible bargaining unit applicants with the exceptions noted below will take a
qualifying examination. It will be related to the particular job and will be
administered by the Chief Business Official. A practical demonstration of skills
may be included or may be administered later in the selection process.
27.2.1.1 Testing shall be waived only for those individuals who are applying
for transfer or demotion and meet the following criteria:
a) A demotion within the same job family who has, while working for
the District, demonstrated the ability to perform the duties set forth
in the job description. This ability is to be verified by a written
statement from the applicant’s immediate supervisor or the Chief
Business Official.
b) An employee who has successfully completed the probationary
period for the classification for which they are now applying.
27.2.1.2 These test scores will be valid for 18 months unless the examination
has been changed. A bargaining unit employee may choose to use the
current test score on file or retake the examination as the opportunity
occurs.
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27.3 Selection Process
27.3.1 The Chief Business Official shall paper screen all applications and select those
who meet the stated qualifications for testing.
27.3.2 All qualified applicants shall be given the opportunity to take a thorough and
rigorous content matter and/or performance test that conforms to the appropriate
state and/or federal standards.
27.3.3 All test-takers who score above the cut score for the administered test(s) shall be
ranked with the person earning the highest score being ranked first.
27.3.4 If there are three or more bargaining unit employees who qualify for a bargaining
unit vacancy, all bargaining unit applicants who have successfully completed the
qualifying procedures set forth in Section 27.3 shall be interviewed by the
selection committee and/or supervisor or administrator. Employees shall be offered
the position until the number of qualified bargaining unit applicants falls below
three, in which case, Section 27.3.5 below becomes effective. Tie decisions
between bargaining unit employee finalists shall be determined by seniority.
27.3.5 If less than three bargaining unit employees qualify for a vacancy, the District may
include qualified outside applicants with the qualified bargaining unit applicants in
the selection process.
27.3.6 If a bargaining unit employee is not selected, the bargaining unit employee may
request in writing a written explanation for the District’s decision. If the successful
candidate is not a bargaining unit employee, then that candidate must be more
qualified than any bargaining unit employee in that selection process.
27.3.7 All employees who pass the test shall be interviewed.
27.4 Selection Committee
27.4.1 The selection committee shall include the immediate supervisor and may include a
co-worker (certificated or classified) with whom the new employee will work.
27.4.2 CSEA Chapter 128 President shall appoint one bargaining unit employee
as a member of the selection committee.
27.4.3 Barring emergency circumstances, the selection committee and/or supervisor or
administrator will remain the same throughout the selection process for a particular
vacancy.
27.4.4 Bargaining unit employees who have been appointed to serve on a selection panel
shall receive compensation under the following procedures:
a. If the employee serves on the panel during his/her regular work hours, there
shall be no additional compensation.
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. If the employee serves on the panel during times that he/she is not required or
expected to be on duty, that employee may elect to receive PGI points or comp
time on an hour-for-hour basis.
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ARTICLE 28 - PROBATIONARY PERIOD
28.1 The probationary period for a new bargaining unit employee shall be six months in paid
status in each position held.
28.2 Such probationary bargaining unit employee may be dismissed at any time during the
probationary period and such action shall not be subject to the grievance or discipline
procedures of this Agreement.
28.3 A bargaining unit employee who is hired into a classification in which he/she has not
previously attained permanency shall serve a probationary period of six months in paid
status in the new classification.
28.4 A permanent bargaining unit employee who is serving a probationary period and who
subsequently fails that probation in the new position shall be reinstated in permanent
status to his/her former position. Such action shall not be subject to the grievance or
discipline procedure of this Agreement, but the bargaining unit employee may appeal the
action to the superintendent whose decision shall be final.
28.5 Any probationary period may be extended beyond six months upon the mutual written
agreement of the District and the Union, but shall not exceed one year.
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ARTICLE 29 - RECLASSIFICATION
29.1 Reclassification
29.1.1 For the purpose of this article, the following definitions shall apply:
Classification: Classified positions having similar duties, the same title, job
description and the same salary range.
Job Description: A general description of the classification that outlines the scope
of the position. The job description shall include a sample of typical job duties, the
knowledge, skills, and abilities required to perform the duties at a satisfactory
level, and the minimum requirements for education and experience.
Reclassification: The process by which major changes to the job duties assigned
to positions are recognized by changes in the classification to which those
positions are designated.
29.1.2 Request for Reclassification: A request for classification review may be submitted
by the employee, supervisor/administrator, or the CSEA to the Chief Business
Official. All requests shall be submitted using the appropriate classification
review forms available from the Chief Business Official. A copy of the request
shall be forwarded by the Chief Business Official to the President of CSEA and the
requestor.
29.1.2.1 The Chief Business Official, or designee, shall issue a written
recommendation regarding the request within forty working days to the
employee and to the President of CSEA.
29.1.2.2 If CSEA and/or the employee(s) agree with the recommendation or no
appeal is made, the Chief Business Official shall follow procedures
leading to full implementation in a timely fashion as mutually agreed
upon by the parties. The effective date of the reclassification shall be the
date the recommendation was agreed to or such other date mutually
agreed upon by the parties.
29.1.2.3 If CSEA and/or the employee(s) disagree with the recommendation, they
may request a second review. The effective date of the reclassification
shall be negotiated to the extent permitted by law and the good will of the
parties.
29.1.2.4 If after the second review CSEA and/or the employee disagree they may
appeal the recommendation beginning at Level III of the grievance
procedure within ten working days.
29.1.2.5 If the dispute is not resolved at Level III the Union may submit the
grievance to Level IV.
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29.1.3 If the District intends to change the classification of a position or positions as a
result of a new job analysis, reorganization and/or other reasons, the District shall
notify the President of CSEA in writing (or orally if acceptable to both parties).
The CSEA will either:
a) Submit its written or oral argument with the change(s), or
b) Submit a written or oral rebuttal and negotiate the proposed change(s) or
effects of the change(s), to the extent permitted by law and the good will of
both parties, or
c) Submit a written or oral statement of "no position" with regard to the
change(s).
Upon receipt of CSEA written or oral agreement with the change(s) or "no
position" statement, the Chief Business Official shall then follow procedures
leading to full implementation in a timely fashion as mutually agreed upon by the
parties. The effective date of the reclassification shall be negotiated to the extent
permitted by law and the good will of the parties.
If the recommendation is rebutted by the CSEA and negotiation is requested, the
parties shall meet within twenty working days to resolve any differences and reach
agreement. The effective date of the reclassification shall be negotiated to the
extent permitted by law and the good will of the parties.
29.1.4 By mutual agreement of both parties, timelines may be altered.
29.2 Agreement
29.2.1 The District agrees to meet and negotiate with CSEA in regard to the effect of and
the actual decision to:
a) set salary ranges for newly created classifications,
b) allocate positions to classifications.
c) revise job descriptions,
d) transfer work from one classification to a different or newly created
classification,
e) transfer work from one classification to another.
29.2.2 The District agrees to negotiate the effects of the decision to:
a) create a new classification to perform functions not previously performed,
b) abolish a classification thus ceasing to engage in functions previously
performed.
29.2.3 If agreement is not reached in 29.2.1 or 29.2.2 above the dispute shall be referred
to PERB’s impasse resolution process.
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ARTICLE 30 - STATUS OF EMPLOYMENT
30.1 Classified Employee –The District shall fill vacancies in non-certificated positions with
classified employees except as specified below. Each position shall have a designated title, a
regular minimum number of assigned hours per day, days per week, and months per year.
The salary to be paid to each unit position is set forth in Appendix D/E.
30.2 Short-Term Employee – Any person who is employed to perform a service for the District,
upon the completion of which, the services required or similar services shall not be extended
or needed on a continuing basis.
30.2.1 Before employing a short-term employee, the governing board, at a regularly
scheduled board meeting, shall specify the service/duties required to be performed
by the employee, and shall certify the ending date of the service.
30.2.2 If the District intends to hire a short-term employee, it shall notify CSEA in writing
of the job, the person, the work site and the duration of the job.
30.2.3 The ending date may be shortened or extended by the governing board, but shall not extend
beyond 75 percent of the school year.
30.3 Substitute Employee – A substitute employee is any person who is replacing a classified
service employee who is temporarily off work on any leave of absence.
30.3.1 If a person serves as a substitute in a vacant position for longer than sixty calendar
days, the District shall notify CSEA of the position and the reason that a substitute is
necessary, and CSEA shall sign off on the notice. If the District does not notify
CSEA, the substitute shall become a classified service employee at the expiration of
the sixty days.
30.3.2 If the substitute or short-term employee works more than 195 days in a school year
he/she shall become a member of the classified service and serve a three month
probationary period.
30.4 Student – To be exempt from the classified service as a student, the person shall be a full
time student employed part time, or a part time student employed part time in a work-study
program, community service, or work experience education program conducted by the high
school or the college or the community college district. The District shall provide CSEA,
upon written request, with a list of the names of the persons hired as students. If CSEA has a
dispute that a particular person is legitimately a student, the District shall provide to CSEA
the information that it has collected from the student showing entitlement to student status.
30.5 Professional Experts – The District may hire professional experts on a temporary basis for a
specific project regardless of length of service. Such professional experts are not a part of
the classified service.
30.6 Playground Supervisors – The District may hire persons to supervise pupils on the
playground. Playground supervisors are exempt from the classified service. If a playground
supervisor is also employed in a classified service position, his/her time served as a
playground supervisor shall be considered as part of the classified service. All time served
shall be the basis for computing vacation time, eligibility for health and welfare benefits and
sick leave.
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