CSEA Contract

UnionNegotiatingTeam

KianaThomas,Chair

DistrictNegotiatingTeam

AngieAvlonitis

HectorAlfaro ChristineHarrison

KarenAndrews

LaTonyaBarton

KimberlyHuyck

ErinEdgar KimMorgan

KenWhittemore

MonicaWhalen LaneiaGrindle

SandiFallon

ShawanaGrace,LRR UnionExecutiveBoard

SandiFallon

GoverningBoardMembers

CraigWilson President President

GeneBaker

HelenTilley 1st Vice President, Support Clerk

KianaThomas

JackFlynn 2nd Vice President, Clerical Board Member

MarisaRamirez

JudyHoneychurch Chief Union Steward Board Member

VandoraRussell-Bradley

AnaPetero Treasurer Board Member

BrianDoyle

PerryPolk Sergeant at Arms Board Member

FaunSchlosser

BethanySmith Chapter Public Relations Officer Board Member

HeatherBaker

Member-at-Large

MeghanBaker

Chapter Secretary

Preamble

This agreement is entered into this 30th day of June, 2023 between the Fairfield-Suisun Unified School District, hereinafter “the District,” and the California School Employees Association Fairfield-Suisun Chapter #302, hereinafter “the Union.”

Article 1 - Recognition

1.1 Acknowledgement

The District hereby acknowledges that the Union is the exclusive bargaining representative for all employees holding those positions described in Appendix A, attached hereto and incorporated by reference as a part of this agreement. All newly created positions that fall within the scope of this unit, except those that are lawfully certificated, management, confidential, or supervisory shall be assigned to the bargaining unit. Disputed cases shall be submitted to PERB for resolution.

1.2 Scope of Representation

The scope of representation shall be limited to matters relating to wages, and hours of employment and other terms and conditions of employment. Terms and conditions of employment mean health and welfare benefits, leave and transfer policies, safety conditions of employment, discipline, procedures to be used for the evaluation of employees, organizational security, procedures for processing grievances and any other matters determined by PERB to be within scope. Nothing herein may be construed to limit the right of the District to consult with the Union on any matters outside the scope of representation.

1.3 Management Rights and Responsibilities

1.3.1 The Board on its own behalf and on behalf of the electors of the District hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and the constitution of the State of California; to the executive management, organization and administrative control of the District and its properties and facilities, and the activities of its employees, to determine their qualifications, dismissal or demotion; and to promote, assign and transfer all such employees, to establish educational policies, to determine staffing patterns; to determine the number and kinds of personnel required in order to maintain the efficiency of district operations; 10

to build, move or modify facilities, establish budget procedures and determine budgetary allocations.

1.3.2 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion therewith shall be limited only by the specific and the expressed terms of this agreement.

Article 2 - No Discrimination

2.1 Discrimination Prohibited

No employee in the bargaining unit will be illegally favored or discriminated against in wages, hours, or other terms and conditions of employment as set forth in this agreement because of their:

1. Age

2. Ancestry

3. Lawful Union activities

4. Marital status

5. Membership in the Union

6. National origin

7. Physical handicap

8. Political affiliations

9. Political opinions

10.Race

11.Religion

12.Sex

13.Sexual orientation

2.2 Sexual Harassment

Sexual harassment is prohibited and may be subject to disciplinary action.

Article 3 - Check-Off and Organizational Security

3.1 Check-Off

The Union shall have the sole and exclusive right to have membership dues deducted for employees in the bargaining unit by the District. The District may, upon appropriate written authorization from any employee, deduct and make appropriate remittance for insurance premiums, credit union payments, savings bonds, charitable donations, or other plans or programs jointly approved by the Union and the District. 11

3.2 Dues Deductions

The District shall deduct dues in accordance with the current and future Union dues schedule from the wages of all employees who, before or after the date of execution of this agreement, become members of the Union and submit a dues deduction form.

3.2.1 Pursuant to Government Code section 3546(a), employees who hereafter come into the bargaining unit shall apply for membership and execute an authorization for dues deduction on a form provided by CSEA.

3.3 Withdrawal

Current unit members who wish to withdraw will contact CSEA directly

3.4 Indemnification

CSEA shall indemnify, defend, and hold harmless the District, its representatives, and the Governing Board from any claims made of any nature and against any lawsuit instituted against the District, Board members, and authorized agents arising from the District’s actions pursuant to its obligations contained in this article.

Article 4 - Evaluation, Probationary Periods, Conflict Resolution, Personnel Files

4.1 Probationary Employees

4.1.1 Probationary Employees New to the District

4.1.1.1

4.1.1.2

The probationary period for a new employee is 130 days of paid service from the date of hire. New employees who do not pass probation will be considered to work as substitutes for the District.

During the first 65 days of work, bargaining unit member, and their supervisor shall meet at least three (3) times to: discuss expectations of the position, offer guidance and instruction to the unit member, and to provide feedback on their progress in the position. Each supervisory feedback meeting held in the 65 days shall be documented in writing and provided to the unit member Lack of documentation of three (3) feedback meetings shall not be grounds to challenge a probationary release. 12

4.1.1.3 Probationary employees may be released from employment without cause at any time during the probationary period and without resort to the grievance procedure except as provided for in Article 16.1.2 (Discipline).

4.1.2 Promoted Probationary Employees

4.1.2.1 The probationary period of a promoted probationary employee is 130 days of paid service from the date of promotion. During the first 65 days of work, the bargaining unit member and their supervisor shall meet at least once to discuss expectations of the position and to assess the employee.

4.2 Evaluation Procedures

Introduction: The District and the Association believe evaluations should be meaningful to the employer and employee, foster success and accountability in job performance, and provide an effective communication process. This process should provide struggling employees with a plan regarding areas in need of improvement. It should also enable successful employees and their supervisors to discuss an employee's job performance, their professional goals as they relate to the goals of school sites/departments, information about employee contributions, and District support in the workplace.

The evaluation form shall not be used in place of the disciplinary procedure. Information in the document may be referenced as it pertains to the specific disciplinary issue(s).

The following procedure is intended to meet these purposes by establishing two kinds of evaluation. First, the FORMAL EVALUATION system is for newer employees, employees in need of improvement, and employees (or supervisors) who request a more structured process. Second, the INFORMAL EVALUATION system is for employees who meet or exceed requirements in all performance areas listed on the formal evaluation form. A successful employee may remain in the Informal Evaluation process for an indefinite length of time, subject to Section 4.2.2 below.

4.2.1 Permanent employees shall be evaluated annually on a July 1 to June 30 schedule. Permanent employees under 10-month and 10.5 month contracts shall have their evaluations completed by May 1. Permanent employees under 11-month or 12-month contracts shall have their evaluations completed prior to June. 1. 13

4.2.2 Formal evaluations shall be made when the supervisor deems appropriate or when requested by the employee.

4.2.3 When an incident occurs during the course of the work year that may result in a "needs improvement" or "unsatisfactory" rating on an evaluation, it shall be brought to the attention of the employee and documented in writing, unless the incident occurs within twenty (20) workdays of the evaluation. Members who receive an unsatisfactory or needs improvement rating shall go through an interactive process with the evaluating manager to improve the unsatisfactory or needs improvement rating.

4.2.4 Except in instances deemed serious by the supervisor, problems will be communicated to the employee before making a notation of the deficiency.

4.2.5 Any area the supervisor marks as "needs improvement" or "unsatisfactory" shall also give, in writing, the specific reason why so marked and shall give the employee specific suggestions for meeting the standard of the position.

4.2.6 Information of a derogatory nature except ratings, reports or records which were obtained prior to employment, or were obtained in connection with a promotional examination, shall not be entered or filed in the personnel file until the employee is given notice and an opportunity to review and comment.

4.2.7 If the employee believes that the evaluation contains factual errors, they may request a meeting with the evaluator and the evaluator's supervisor The opinion of the supervisor does not constitute fact. The meeting shall be scheduled within ten (10) days and held within thirty (30) days of the request. Continued disagreement over facts may then be submitted to grievance.

4.2.8 All evaluations shall be on the District's form attached hereto as Appendix D.

4.2.9 All evaluations shall be reviewed and discussed by the evaluator with the employee.

4.2.10 The person being evaluated and the evaluator shall sign the evaluation. The employee's signature indicates only receipt of the evaluation and does not necessarily indicate agreement with all factors of the evaluation.

4.2.11 The original copy of the evaluation shall be placed in their personnel file and another copy shall be given to the employee. The employee shall have the right to respond to any part of the evaluation within ten (10) workdays prior to the evaluation being placed in the personnel file. Such response shall be attached to the evaluation.

4.2.12 All evaluative material over three years old will be sealed in an employee's file provided the employee makes this request in writing to the Assistant Superintendent of Human Resources or their designee. Upon receipt of such a request, an appointment will be scheduled with the unit member to review and seal all material over three years old. The sealing of one item shall require the sealing of all material of equal or greater age.

4.3 Conflict Resolution

4.3.1 The parties recognize the need for a procedure that provides a foundation for positive, non-adversarial resolution of potential disciplinary actions involving unacceptable employee performance or behavior

4.3.2 The expressed intention of this procedure is for all parties to engage in a candid, non-adversarial review of incidents and issues which may lead to more formal discipline. It is also intended to reduce employee/management and to resolve specific conflict areas.

4.3.3 This procedure is not intended to circumvent the District’s ability to impose appropriate disciplinary action for just cause. The District may skip this procedure in the event of a serious breach of District rules or law including, but not limited to; theft, assault, use of alcohol or illegal controlled substances, insubordination, child abuse, unauthorized personal use of district property, provision of false oral or written information to the District, or any act of moral turpitude.

4.3.4 Procedure

4.3.4.1

4.3.4.2

Upon initial assessment of an employee performance or behavioral problem, the employee or first line supervisor shall contact the Chapter Chief Shop Steward/designee to implement this procedure (this provision does not include routine evaluations).

Upon notification, the Chief Shop Steward or designee shall schedule a meeting within five (5) working days to meet with the employee and their supervisor. The employee and their supervisor shall draft a separate list of issues to be discussed at the meeting. The lists should be exchanged

between the employee and the supervisor at least three (3) days prior to the scheduled meeting.

4.3.4.3 The meeting should be conducted in an atmosphere conducive to conflict resolution and in a non-adversarial manner. Each participant should be given ample opportunity to discuss the items on their list. The discussion should occur in a candid, non-hostile, non- threatening environment.

4.3.4.4 The parties agree to reduce to writing a description of goals and objectives reached as a result of this procedure and shall develop a timeline for each specific goal or objective. The timelines should not exceed sixty (60) calendar days.

4.3.4.5

Upon expiration of the timelines, the employee, their supervisor and the Chief Shop Steward or designee shall meet to review the goals and objectives set at the original meeting.

4.4 Personnel File

4.4.1 There shall be a single personnel file of each employee. Personnel files shall be kept in the central administrative office of the District.

4.4.2 An employee shall have the right, at mutually convenient times, to examine and/or obtain one copy of any material from their personnel file. Such a review shall take place during normal business hours and the employee shall be released from duty for this purpose without salary reduction.

4.4.3 Any person who prepares written material for placement in an employee’s file shall sign and date the material. Such material shall not be placed in the file until the employee has had an opportunity to attach their comments.

4.4.4 Access to evaluation material shall be limited to members of the District administration or their authorized agent on a need-to-know basis, and any person authorized in writing by the employee.

5.1 Union Rights

Article 5 - Organizational Rights

5.1.1 The Union shall have the right of access at reasonable times to areas in which employees work. Authorized representatives of the Union shall be permitted to transact official business on school sites at reasonable

times, providing first that they contact the building principal or site administrator to receive approval of their presence on the site, and that said activity does not interfere with or interrupt normal school operations as determined by the site administrator The right of access shall not be unreasonably denied.

5.1.2 The Union shall have the right to post notices of activities and matters of Union concern on bulletin boards designated by the District for the Union notices. Such bulletin board areas will be identified by the immediate supervisor of the facility and labeled “Union Business.”

5.1.3 The Union shall have the right to use the District mail service and employee mailboxes, or the District electronic mail system for the UNION communications to unit members to the extent allowable by law

5.1.4 The Union shall have the right of up to twelve (12) days of release time for employees who are Union state officers to conduct necessary state or regional Union business provided the Union reimburses the District for the cost of substitutes used for the absent employee if they hold a position that normally uses a substitute and if a substitute is actually hired for that position.

5.1.5 The president or their designees shall be released upon request for a maximum of eight (8) hours per month for official Union business provided the Union reimburses the District for the cost of substitutes used for the absent employee if they hold a position that normally uses a substitute and if a substitute is actually hired for that position. Additional hours may be added by mutual agreement.

5.1.6 The Union shall have the right of release time for five (5), or maximum allowed by state headquarters, Union chapter delegates to attend the Union Annual Conference provided the Union reimburses the District for the cost of substitutes used for the absent employee if they hold a position that normally uses a substitute and if a substitute is actually hired for that position. Additional delegates may be added by mutual agreement.

5.1.7 The Union shall have the right to conduct an orientation session on this agreement for bargaining unit employees during regular working hours not to exceed one hour and the time of the meeting shall be determined by mutual agreement.

5.1.7.1 All participants in New Employee Orientation (NEO) shall be paid their regular wages for the duration of the orientation.

5.1.8 Within thirty (30) days after the execution of this contract the District will electronically post within 30 days any agreed upon and ratified contractual adjustments. The District will produce seventy-five (75) copies, any additional copies requested would be at a cost to CSEA.

5.1.9 The District authorizes the Union to use the District’s facilities and buildings at times other than normal working hours and hours of student instruction as long as the Union submits the appropriate Civic Center Act form to the immediate supervisor of the facility or building. In emergencies, the District may authorize the Union to use the District’s facilities and buildings during normal working hours as long as the Union declares in writing that the use of such facilities and buildings constitutes an emergency and as long as the use of such buildings and facilities does not interfere with the instructional program.

The immediate supervisor of the facility or building may grant the Union use of District equipment as long as such use is in accordance with the procedures provided for in the Civic Center Act and as long as the use of such equipment does not interfere with the normal student instruction or work production of the District. The Union shall pay for the cost of all materials and supplies incident to each use.

The Union agrees to leave facilities, buildings, and/or equipment used in a clean and orderly condition.

5.1.10 The District shall not conduct negotiations with any other organization that claims to represent the employer-employee relations interest of employees in any of the classifications identified by the District in the official Union recognition document.

5.1.11 The Union shall be provided with an up-to-date list of all unit members within thirty (30) days of ratification. Thereafter, the Union shall be provided with a list of all new unit members once a month. The list shall include the unit member’s name, classification, worksite, and home address.

5.1.12 The Union shall have the right to represent all unit members at any meeting which could have an adverse effect on their employment. The unit member shall be advised of this right.

5.1.13 The CSEA Union President and/or designee may attend all new employee orientations.

5.1.14 The Union will be granted one (1) hour of release time for the CSEA Clerical Vice President to conduct Site Rep training twice a year (once in the Spring and one in the Fall).

5.1.15 The Union Chapter Officers shall be provided up to one and one-half (1½) hours of release time for conducting elections each year as needed.

Article 6 - Union Stewards

6.1 Union Representatives

6.1.1 The Union may designate Union Stewards for the purpose of processing grievances. The Union shall immediately notify the District in writing of those members of the Union designated as Job Stewards and any subsequent changes.

6.1.2 Each Union Steward shall be released upon request for processing grievances and one (1) hour quarterly for scheduled CSEA contract education meetings. The Union Steward shall notify their immediate supervisor and shall report in upon return to duty That release shall not be unreasonably denied.

6.1.3 Upon entering another work location, the Union Steward shall identify themselves if possible to the supervisor in charge of that location and state the purpose and expected duration of the visit.

6.1.4 The Union Steward may be denied permission by the District’s representative to talk to the employee on their duty time if it will unduly interfere with the employee’s work. Any disagreement over this access shall be immediately referred to the Assistant Superintendent of Human Resources for determination.

Article 7 - Hours and Overtime

7.1 Work Week

7.1.1 The workweek shall consist of five (5) consecutive days, Monday through Friday. This article shall not restrict the District’s right to extend the regular workweek or work day when it is deemed necessary to carry on the business of the District on an overtime basis.

7.1.2 Full-Time Employees: Full-time employees serve the District eight (8) hours per day and forty (40) hours per week.

7.1.3 Part-Time Employees: Part-time employees serve the District fewer than eight (8) hours per day or fewer than forty (40) hours per week.

7.1.4 Workweek Adjustments: Full-time employees in this unit shall have a normal work week of Monday through Friday for forty (40) hours per week and eight (8) hours per day. Other workweeks may be established when needed by the District’s work requirements, subject to prior negotiated agreement with the Union.

7.1.5 An employee or group of employees may with the approval of the supervisor(s) work four days each week, working one-fourth of the contracted hours each day, provided: (1) that no employee shall be compelled to participate in such a workweek, (2) that no employee shall be assigned to work more than ten hours per day, and (3) that employees assigned to schools shall not adopt four-day weeks during the weeks that school is in session.

7.2 Workday

7.2.1 The length of the workday shall be designated by the District for each employee in accordance with the provisions set forth in this agreement. Each bargaining unit position shall be assigned a regular minimum number of hours. Once such hours have been assigned, they shall not subsequently be reduced except as provided for in Article 17.

7.2.2 The regular workday shall be eight (8) hours per day, excluding not less than one-half (1/2) hour or more than one (1) hour for an uninterrupted lunch break.

7.2.3 Swing and grave shift employees will be on the worksite for eight (8) hours per day including one-half (1/2) hour paid time for lunch.

7.3 Increase In Assigned Time: Any employee in the bargaining unit who works a minimum of thirty (30) minutes or more per day in excess of their regular part-time assignment for a period of twenty (20) consecutive working days or more shall have their regular assignment adjusted upward to reflect the longer hours effective with the next pay period for purposes of calculating all contractual benefits.

7.4 Increase In Hours: All increases in hours, whether permanent or temporary, shall be assigned in the following order of priority:

7.4.1 Incumbent, then other employees in the same class who apply in response to a vacancy notice shall be considered before outside candidates.

7.4.2 Employees who are on the 63 month reemployment list as a result of having suffered a reduction in hours.

7.5 Shift Differential: Compensation

7.5.1 Any bargaining unit employee whose normal work shift has at least one-half (1/2) of the shift time scheduled after 6:00 p.m. shall receive a premium of two and one-half (2 1/2) percent above the regular rate of pay for the appropriate classification.

7.5.2 Any bargaining unit employee whose normal work shift has at least one-half (1/2) of the shift time scheduled after 12:01 a.m. shall receive a premium of five (5) percent over the regular rate of pay for all hours worked.

7.6 Rest Periods

7.6.1 All bargaining unit employees shall be granted fifteen (15) minute rest periods which, insofar as practicable, shall be in the middle of each work period. The rest period shall be scheduled at the mutual consent of the employee and the supervisor. Rest periods are a part of the regular workday and shall be compensated at the regular rate of pay.

7.6.2 An employee whose regular assignment is four (4) or more hours per day but less than six (6) hours per day shall be entitled to one (1) rest period. An employee whose regular assignment is six (6) hours or more shall be entitled to two (2) rest periods

7.6.3 Full-time employees who work grave or swing shifts shall be granted a rest period during each four (4) hour work period.

7.6.4 The rest period is intended to be a recess to be preceded and followed by an extended work period. Thus, it may not be used to cover an employee’s late arrival to work or early departure or extended lunch period. It may not be regarded as accumulative if not taken.

7.7 Lunch Periods: All employees covered by this agreement shall be entitled to an uninterrupted lunch period. The length of time for such lunch periods shall be for a period of no longer than one (1) hour nor less than one-half (1/2) hour at a reasonable time, around the middle of the workday, and may be extended with the prior approval of the immediate supervisor. Employees who work less than five (5) hours per day shall not be required to take a lunch period.

7.8

Overtime, Compensatory Time

7.8.1 All hours worked in excess of eight (8) hours per day shall be compensated at one and one-half (1 1/2) times the regular rate of pay

7.8.2 All hours worked in excess of forty (40) hours during any workweek shall be compensated at one and one-half (1 1/2) times the regular rate of pay

7.8.3 Employees employed on Saturday or Sunday shall be compensated at one and one-half (1 1/2) times the regular rate of pay for the hours worked on weekends after five (5) consecutive days of paid status.

7.8.4 All hours worked during shifts which began on legal holidays or other holidays established by this agreement shall be compensated at one and one- half (1 1/2) times the regular rate of pay.

7.8.5 An employee in the bargaining unit shall have the option to elect to take compensatory time off in lieu of cash compensation for overtime at a rate of time and one-half times the overtime hours worked. Compensatory time shall be taken at a time mutually acceptable to the employee in the bargaining unit and the District. The District will pay out all accrued unused compensation time, as of December 31 of each year and June 30 of each year, paid the month following. December will be paid in January and June will be paid in July.

7.8.6 Overtime-Equal Distribution: Overtime shall be distributed and rotated equally among employees in the bargaining unit within classes at each work site.

7.8.7 Right of Refusal: Any unit member shall have the right to refuse to work overtime or to be called back unless there are no volunteers.

7.9 Split Shift Pay: An employee whose work shift is divided with three (3) or more unpaid hours between work periods shall be paid an additional two dollars ($2.00) per day

7.10 Call-Back Time: Members of the bargaining unit called back to duty after regular working hours for emergency duty shall be paid for one and one-half (1 1/2) hours of time of work of thirty (30) or fewer minutes. If the emergency assignment lasts longer than thirty (30) minutes, the employee shall be paid for two and one-half (2 1/2) hours or for the number of hours worked, whichever is longer All hours worked under this section shall be compensated at one and one-half (1 1/2) times the regular rate of pay

7.11 Stand-By Time: Any bargaining unit employee required to be on stand-by shall be compensated on a straight time or overtime basis depending on previous hours worked (Article 7.8 - Overtime, Compensatory Time).

7.12 Temporary Shift Changes: An employee who has their shift changed to substitute for an absent employee shall receive pay at the rate of time and one-half of their

regular salary for the number of hours worked over eight (8) hours in a 24-hour period.

7.13 Hours Worked: For the purpose of computing the number of hours worked, all time during which an employee is in paid status shall be construed as hours worked.

7.14 Summer Work Assignments:

When work normally and customarily performed by employees is required to be performed at times other than during the regular August - June academic year, the work shall be assigned to unit employees in the appropriate classifications as provided in this section.

7.14.1 When necessary to assign employees not regularly so assigned to serve during a summer school period, the assignment shall be made on the basis of qualification for employment in each classification of service which is required, but no employee shall be required to accept such assignment.

7.14.2 An employee who accepts a summer assignment in accordance with the provisions of this section shall be paid at the classification of the position they accept and be paid on the same pay step that they held in the previous academic year.

7.14.3 All hours assigned to an employee for a summer school assignment shall be considered “hours in paid status” for the purpose of this agreement.

7.14.4 All known summer positions shall be posted no later than ten (10) days prior to the end of the school year

7.15 Beginning and Ending Times for a Shift: Once beginning and ending times for a shift have been established, they shall not be changed except as follows:

7.15.1 Up to a one hour change may be implemented on a permanent or temporary basis by mutual agreement between the unit member and their supervisor

7.15.2 Permanent changes of up to half an hour may be imposed on the employee no more than twice a year provided one week’s written notice is given.

7.15.3 Any changes other than those above shall not be implemented without prior agreement with the Union.

7.16

Substitute Pay

Employees called upon by the District to work as a substitute employee in their classification (for example, when working during their “off track” time at a school operating on a multi-track year-round calendar) shall be paid for such substitute work at their regular rate of pay.

Article 8 - Pay and Allowances

8.1 Regular Rate of Pay

Beginning July 1, 2022, Appendix A will constitute the CSEA Salary Schedule Job Classification List and Appendix B will constitute the modified CSEA Salary Schedule.

In addition to the lane and step modifications made to the salary schedule, the parties agree to the following:

● For the 2023-2024 school year, the parties agree to a three and a half (3.5) percent salary increase to the Clerical Salary Schedule effective July 1, 2023.

● At 20 years or more of service with FSUSD, employees will receive a one (1) percent longevity increment of their base salary each year.

● All agreed upon salary increases shall also increase Professional Growth.

8.2 Step Increases

All employees shall, if eligible, have a salary increment which may include step/longevity/vacation increases on July 1 of each year except those hired between April 1 and June 30, which shall advance on July 1 of the subsequent fiscal year not to exceed 15 months.

Part-time and hourly rate employees shall be governed by the same rules as apply to the regular monthly employees.

8.3 Paychecks

8.3.1 All regular paychecks of employees in the bargaining unit shall be itemized to include all deductions.

8.3.2 All paychecks will include items required by law; in addition, the stubs shall include reference to accumulated sick leave and vacation leave.

8.3.3 Effective July 1, 1995, employees covered by this agreement employed by the District for fewer than twelve (12) months will have their earned salary paid in twelve (12) equal monthly installments.

8.4 Payroll Errors

Any payroll error resulting in insufficient payment for an employee in the bargaining unit shall be corrected and a supplemental check issued not later than five (5) working days after the employee provides notice of the error to the payroll office (Education Code Section 45167).

8.5 Lost Checks

Any paycheck for an employee in the bargaining unit which is lost after receipt or which is not delivered within five (5) days of mailing, if mailed, the District shall report such loss to the County on the day the District is notified by the employee and shall be replaced as soon as the County processes said check.

8.6 Pay Adjustment

Any payroll adjustment resulting from temporary work out of class, re-computation of hours worked, or other non-procedural errors shall be paid no later than the payroll period next following the period during which the work is required.

8.7 Temporary Promotion (Substitution)

First consideration will be given to a bargaining unit member to substitute for an absent employee or in a vacant position in a higher or different classification. They shall be paid on the range of the employee/position whose duties they assume at the lowest step which would give them an increase in salary. In no event shall an employee promoted under this section be given less than a 5% increase.

8.8 Out-of-Class

Employees who are required to work out-of-class in either a higher or lower classification shall be paid five percent (5%) of their current salary, or step 1 of the position they are filling, whichever is greater. Out-of-class payment will be based on working out-of-class for a minimum of fifty percent (50%) of an employee’s workday.

8.9 Promotions

An employee who is promoted to a higher classification shall be placed on the same step of the new salary range. They shall receive this higher salary on the first day they assume their new duties.

8.10 Reimbursements

8.10.1 Mileage: Any employee in the bargaining unit required to use their vehicle on District business shall be reimbursed at the established District rate.

8.10.2 Meals: Any employee in the bargaining unit who, as a result of work assignment, must have meals away from the District shall be reimbursed for the cost of the meal up to the maximums established by District policy. (See Administrative Regulation 3350 which is attached as Appendix C). Reimbursements for meals without an overnight stay will be paid through next available payroll and taxed in accordance with Internal Revenue Service (IRS) guidelines.

8.10.3 Lodging: Any employee in the bargaining unit who, as a result of a work assignment, must be lodged away from home overnight shall be reimbursed by the District for the full cost of such lodging. Where possible, the District shall provide advance funds to the employee for such lodging.

8.11 Medication Administering Stipend

A Clerical employee shall be designated each year by the site administrator for the purpose of assisting in the intake and administering of student medication(s) at all school sites. This stipend will be $500.00. Payment shall be made each year at the end of May.

If two (2) clerical employees at a site are designated, the stipend shall be split equally A payroll justification must be completed and turned in to Human Resources at the beginning of each school year

8.12 Bilingual Stipend

The site administrator/site supervisor/district office administrator will be able to designate a clerical employee who utilizes a needed second language during the course of their routine duties to support the school/site/district/office/department to receive a $500.00 stipend to be paid each year at the end of May.

If two (2) employees are designated at each site, the stipend shall be split equally A payroll justification must be completed and turned into Human Resources at the beginning of each school year

8.13 Educational Degree

New and continuing employees will receive a stipend for holding an educational degree from an accredited university or college. An employee may receive only

one degree stipend per year The stipend will be divided by the number of months the employees are paid in accordance with their regular assignment. Official transcript(s) must be submitted to the Human Resources Department in order to receive the stipend.

Associates Arts Degree $543.00

Bachelor's Degree $814.00

Masters Degree $1,847.00

Doctorate Degree $2,290.00

Late hires and early resignations/retirements will have the stipend prorated based on the percentage of time worked within each school year

Article 9 - Employee Expenses and Materials

9.1 Uniforms

Uniforms shall be furnished to those employees requiring them by the District. The uniforms are the property of the District and, therefore, must be returned to the District when replacements are needed and when an employee leaves the service of the District.

9.2 Reimbursement for Damaged or Stolen Property

An employee may be reimbursed for items of personal property damaged or stolen in the line of duty without fault of the employee. The amount of the reimbursement shall be the actual value of the property or the cost to repair the property whichever is less. The value of the property shall be determined at the time the property is damaged or stolen. In order to be eligible for reimbursement, written approval for the use of the property must have been given before the property is brought to the work location by the appropriate school administrator or supervisor. That administrator or supervisor shall maintain a listing of the personal property which the employee is using in their work. (See Board Policy 4156.3/4256.3/4356.3, Replacement of Damaged, Destroyed, or Stolen Personal Property.)

In the event there is a dispute, it can be resolved by the Assistant Superintendent of Human Resources or the Assistant Superintendent of Business Services.

9.3 Safety and Health Equipment

Should the employment duties of an employee in the bargaining unit require use of any equipment or gear to insure the safety or health of the employee or others, the District agrees to furnish such equipment or gear provided it is determined as necessary by the District or the Safety Committee. The District or employee may consult with a physician as appropriate.

9.4 Medical Examinations and Certifications

The District agrees to provide the unit member’s full out-of-pocket cost, such as “co-pay,” of any tests, x-rays, medical examinations, TB verifications, First Aid certifications, or CPR certifications required as a condition of continued employment, including, but not limited to, the provisions outlined in Education Code Section 45122 or its successor.

9.5 Hold Harmless Clause

The District shall hold harmless from and protect classified employees as required by Education Code Section 35303.

Article 10 - Health and Welfare Benefits

10.1 Eligibility

10.1.1 Effective January 1, 2023, the cap on health care benefits will be adjusted to $914.00. Any amount not expended will not accrue to the employee. Any employee selecting a health insurance plan that exceeds the District’s contribution shall have that amount deducted from his/her paycheck. District benefit contributions to employees shall be prorated as provided in section 10.1.2, below

Any employee selecting a health insurance plan that exceeds the District’s contribution shall have that amount deducted from his/her paycheck.

Effective January 1, 2024, the cap on health care benefits will be adjusted to $1,021.41. Any amount expended will not accrue to the employee. Any employee selecting a health insurance plan that exceeds the District’s contribution shall have that amount deducted from his/her paycheck. District benefit contributions to employees shall be prorated as provided in section 10.1.2, below.

10.1.2 For employees hired before December 8, 1994, those working twenty (20) hours or more per week shall be considered to be “full time” employees for medical benefit contribution purposes. Those working less than twenty (20) hours will receive a prorated contribution of fringe benefits based upon an eight (8) hour workday, forty (40) hour workweek.

Employees hired after December 8, 1994, will have their health and welfare benefits prorated based upon an eight (8) hour workday, forty (40) hour workweek.

10.1.3 Cash Payment In Lieu of Benefits In lieu of medical coverage and upon annual proof of other medical coverage, each employee eligible for medical insurance contributions may elect to receive two hundred and thirty-three dollars ($233) paid to them per month as a taxable cash benefit. This benefit will be provided consistent with Article 10.1.2.

10.2 Retiree Benefits

The District will pay one-half (1/2) the cost for the District’s current HMO/PPO for medical insurance and vision insurance for each retiree, employee only, from the date of retirement for five (5) years (60 months), or until Medicare eligibility begins. One-half (1/2) the cost for dental insurance will be paid for each retired subscriber and dependents from the date of retirement for five (5) years (60 months). These benefits will be available pro rata to part-time employees who retire. A forty (40) hour work week will be considered full-time employment.

To become eligible for these continuing benefits at the active group rates, the following requirements must be met by the employee at the time of retirement:

1. Employed in the District fifteen (15) years.

2. Fifty-five (55) years of age or older

3. Continue insurance coverage in the same plans chosen during the last year of employment, except when the District discontinues that particular coverage or the retiree moves out of the appropriate geographical area. In these circumstances, or should other qualifying events occur, the retiree may choose from other existing insurance carriers, per CalPERS Regulations.

4. Must be working twenty (20) hours or more per week at the time of retirement and will be prorated based upon a forty (40) hour week.

5. In accordance with CalPERS Regulations, unit members who do not meet the service requirement of fifteen (15) years employed in the District as stated in #1 above, shall be permitted to purchase medical, dental and vision benefits at the active group rates. In order to exercise this option, the retired unit member must pay such premiums at least thirty (30) days in advance to the District. Failure to make such payments will result in cancellation of the insurance benefits.

After Medicare eligibility age, the employee may elect to continue benefits by paying the total premium according to procedures established by the District.

Continuance of such benefits shall be dependent upon the benefits being provided by the insurance carrier.

The retiree may continue the current group coverage for his/her spouse provided the retiree pays all costs of the current monthly premiums in advance and provided the carrier(s) of the District plan(s) so allow

10.3 Dental Plan

The District agrees to pay the premium for each eligible employee and their dependents for dental insurance.

The District agrees to contribute the amount necessary for the following coverage to be provided by the Delta Dental Plan:

1. One hundred percent (100%) dental coverage for employee and dependents.

2. Crowns and case restorations up to one hundred percent (100%).

3. Yearly maximum of one thousand five hundred dollars ($1,500).

4. No waiting period on prosthodontics and orthodontics.

5. Orthodontics coverage to include dependent children at 50% with a maximum coverage of $500.

10.4 Life Insurance

The District shall provide $25,000 in term life insurance for each unit member on paid status at the time of death. The District will determine the carrier and shall have the freedom to change carriers or become self-insured.

10.5 Vision Service Plan

Employees hired before December 8, 1994 will receive the Vision Service Plan (VSP) benefit for themselves and their dependents. Employees hired after December 8, 1994 will have their VSP benefit prorated based upon an eight (8) hour workday, forty (40) hour workweek.

10.6 Retention of Benefits

Unit members and/or their dependents who lose benefit coverage under this article shall be entitled to purchase the same programs as are available to other employees for the period prescribed in the Consolidated Omnibus Budget Reconciliation Act (C.O.B.R.A.). The cost to individuals exercising this right shall be no more than 102% of the premium. The District shall be responsible for notifying all affected individuals of their rights under this section and the C.O.B.R.A. amendments to the Public Health and Safety Code.

The Governing Board and the CSEA Clerical Unit agree that the District will start deducting the employee’s PERS contribution before calculations for taxes are completed.

Article 11 - Holidays

11.1 Holidays

11.1.1 An employee covered by this agreement must be in paid status on the day preceding or the day following a holiday to be paid for the holiday

11.1.2 Employees eligible under 11.1.1 above shall be paid for the following holidays:

Independence Day

Labor Day

Veterans’ Day

Day before Thanksgiving (in lieu of Admission Day)

Thanksgiving Day

Day following Thanksgiving Day

Day before Christmas

Christmas Day

Day after Christmas (in lieu of Friday before Easter)

Day before New Year’s Day

New Year’s Day

Martin Luther King Day

Lincoln’s Day

President’s Day

Memorial Day

Juneteenth

11.1.3 Each holiday shall be celebrated on the day provided by law, by presidential or gubernatorial proclamation, or by the Governing Board as is appropriate in each case.

11.2 Holidays on Saturday or Sunday

When a holiday falls on a Saturday, the preceding workday not a holiday shall be deemed to be that holiday When a holiday falls on Sunday, the following workday not a holiday shall be deemed to be that holiday

When a holiday as defined in this agreement occurs during the scheduled vacation of a bargaining unit employee, the employee will receive pay at the regular rate of pay for the holiday and shall not be charged a vacation day for the absence on the holiday.

Employees working less than a full day shall have their holiday pay based upon their regular workday.

11.3 Teacher Training Days

Any day granted as a teacher training day, teacher institute, or teacher-parent conference day by whatever name for whatever purpose is a regular workday for all classified employees who are a part of the bargaining unit.

Article 12 - Vacation Plan

12.1 Eligibility

All employees shall work a minimum of six (6) months before becoming eligible for vacation or any vacation pay upon termination of employment. Eligibility to take vacation will commence on the first day of the pay period following completion of six (6) months of paid service in a regular assignment.

12.2 Accumulation

12.2.1 Members of the bargaining unit shall earn vacation when in paid status in accordance with the following schedule:

Vacation is paid out monthly for members who work between 182 and 202 days, inclusive. This includes members on L-182E, L-182S, and L-192 calendars. These members will accrue vacation hours, prorated per 8-hours FTE, according to the following schedule:

12.2.2 Vacation is based on twelve (12) months employment. Vacation for less than twelve (12) months employment is prorated in the schedule.

12.2.2.1 Employees who work 224 or more contracted work days per year will accrue and take vacation. Employees in this category will be encouraged to submit a vacation calendar to their supervisor in which vacation is utilized during Spring Break, Presidents Week Break, Winter Break, and the days prior to Thanksgiving as vacation time. Bargaining unit members who submit calendars to work during any of the above mentioned breaks must have that time approved by their supervisor

12.2.2.2 Employees who work between 203 and 223 days, inclusive, and who were employed prior to July 1, 2021, shall retain the right to accrue and take vacation. Employees in this category may be encouraged to take Spring Break, Winter Break, and the days prior to Thanksgiving as vacation time. Those employees who work between 203 and 223 days, inclusive, who are hired on or after July 1, 2021, will be paid their vacation monthly and will be ineligible to take vacation.

12.2.2.3 Employees who work between 182 to 202 days, inclusive, will be paid their vacation monthly and will not have the option of taking vacation.

12.2.3 Vacation time is accrued, accumulated, and scheduled in terms of working hours. Vacation may be taken at a lesser rate than one day at a time.

12.2.4 The rate at which vacation is paid shall be at the employee’s current rate. An employee whose vacation is earned and begun under a given status shall suffer no loss of earned vacation salary by reason of subsequent changes in conditions of employment.

12.2.5 The District will allow an employee, with advance approval of their supervisor, to take days off without loss of pay in anticipation of the future accrual of vacation, subject to the following requirements:

a. Eligibility shall begin with the initial date of hire in the District and shall terminate on June 30th of the fiscal year following the fiscal year in which the employee was initially hired.

b. Any days used must not exceed the amount of annual vacation which can be accrued by the employee.

c. Any “negative balance” will be offset by future monthly vacation accruals.

d. An employee who is separated from employment with the District with a “negative balance” of vacation shall be required to pay back to the District the value of the excess paid days off taken.

12.3 Scheduling of Vacation Time

12.3.1 The District reserves the right to schedule vacation at times least disruptive to the normal work routine. In cases of conflict, vacation shall be approved according to seniority only when a vacation calendar is turned in prior to the start of the work year All vacation will be subject to the approval of the immediate supervisor and shall not be unreasonably denied.

12.3.2 Vacation may, with the approval of the employee’s immediate supervisor, be taken any time during the school year, provided that it is not taken during the first six (6) months of employment, but each employee may schedule two (2) days of vacation without the approval of their supervisor provided that: (a) the two (2) days are not taken consecutively, (b) the days are not used for concerted organizational activities, and (c) that the employee informs the supervisor with as much advance notice as possible but in no case less than the provisions of 13.1.5 shall apply.

12.3.3 Written approval or denial of a vacation request shall be provided within five (5) workdays of the request.

12.3.4 In the event of unforeseen circumstances affecting pre-scheduled vacation time, notice of changes or cancellations should be given to the immediate supervisor at least twenty-four (24) hours in advance, when possible, so that a substitute can be canceled if necessary.

With proper notice of cancellation, the employee may work their regularly scheduled hours. Their vacation balance shall not be deducted as long as they work their regularly scheduled hours.

Employees may then submit a revised vacation calendar to their supervisor for approval and scheduling.

Seniority does not apply if vacation has been rescheduled or if the employee did not turn in a vacation calendar prior to the start of the work year

12.3.5 Vacation changes can be made by an employee at any time during the calendar year, subject to the approval of the supervisor. Vacation changes shall not affect previously scheduled vacation of any other bargaining unit member. Employee requests for vacation changes shall be decided by the supervisor within five (5) days absent unforeseen circumstances or emergencies.

12.4 Vacation Carry-Over

Vacation balances over 20 days as of June 30, 2023, will be paid out to the employee before the August pay warrant. On June 30, 2022, vacation balances over 30 days will be paid out on the August pay warrant.

12.5 Vacation Pay on Termination

On separation from service, an employee shall be entitled to compensation for all earned, unused vacation. The compensation will be paid as a lump sum. The rate of pay for such compensation shall be at the rate prevailing at the time of termination.

When a holiday falls during the scheduled vacation of any bargaining unit employee, the holiday shall not be charged against the employee’s vacation.

12.6 Interruption of Vacation

Any classified employee who has six (6) months or more of service and who commences their prescribed vacation period and subsequently becomes ill or is bereaved before their vacation period has been completed shall be placed on sick leave or bereavement leave under the following conditions:

12.6.1 If the illness or bereavement is such that had the employee been working they would have been absent on sick or bereavement leave.

12.6.2 If the request is filed with the District within two (2) weeks.

12.6.3 The District may require proof of illness or bereavement as in accordance with Article 13.1.8 (Leaves).

12.6.4 If approved, the employee’s vacation is to be converted to illness or bereavement leave, and the appropriate vacation credit shall be restored to the employee’s earned vacation balance. If possible, they shall be granted an opportunity to consume this vacation credit.

12.7

Accrued Vacation and Cash Out

Employees may receive payout for accrued vacation time as follows:

A. This option is only for permanent employees. For any part-time or less than twelve-month employees, only those who are eligible to accrue and take vacation may exercise this option.

B. Employees will have one mandatory payout of vacation accrual that exceeds thirty (30) days at the end of the fiscal year (June 30). This payout shall occur on July 31.

C. Employees may submit a request to cash out vacation accrual not to exceed eighty (80) hours, nor reduce the vacation balance below 40 hours. This can be done once during the fiscal year

D. The request for cash out of accrued vacation must be submitted by the 5th of the month to be received in the next pay period.

E. Employees who promote may carry forward up to 80 hours of earned vacation. The remaining vacation balance shall be paid out prior to the new assignment start date.

Article 13 - Leaves

13.1 Sick Leave

Sick leave is the absence of an employee because of illness or injury

13.1.1 A regular employee (probationary and permanent) shall earn paid sick leave at the rate of twelve (12) days per year for full-time employees. Employees working less than full-time shall earn sick leave on the ratio their work year and/or workday bears to full-time. Unused sick leave may be accumulated without limit. Sick leave may be taken at any time during the work year

13.1.2 At the beginning of each fiscal year, the sick leave credit of the employee shall be increased by the number of days of paid sick leave which they would normally earn in the ensuing fiscal year. An employee’s sick leave credit shall be adjusted if a change of assignment alters that amount of sick leave earnable. Pay for any hour(s) or day(s) of illness or injury need not be accrued before leave is taken.

13.1.3 A new employee with probationary status shall not be eligible to take more than six (6) days, or the proportionate amount to which they may be entitled under this section, until the first day of the calendar month after six (6) months of active service with the District.

13.1.4 Pay for any day of sick leave shall be the same pay the employee would have received if they had worked that day

13.1.5 In order to be eligible for payment during absence for illness or injury, members of the bargaining unit must notify their immediate supervisors and/or departments of the intent to be absent, the nature of the illness or injury, and the anticipated duration of the disability not later than one (1) hour before the start of the work shift during which the absence will occur Supervisors or the Assistant Superintendent of Human Resources may waive notification in extreme emergencies.

13.1.6 At least one (1) day prior to their expected return to work, the employee shall notify their supervisor in order that any substitute employee may be terminated. If the employee fails to notify their supervisor and both the employee and the substitute report, the substitute is entitled to the assignment, and the employee shall be charged with a day of sick leave.

13.1.7 Members of the bargaining unit requesting paid illness or injury leave in excess of three (3) days in succession may be required at the discretion of the District to provide medical certification of disability/illness on forms supplied by the District.

13.1.8 The District, when it has reasonable cause to believe abuse of sick leave is occurring, may require a verification of illness, accident, or quarantine from the employee’s physician or health consultant.

13.1.9 When members of the unit are required by the District to submit to a medical examination, the cost shall be borne by the District.

13.1.10 Members of the bargaining unit may use earned vacation after they have exhausted accumulated sick leave.

13.1.11 Any unused sick leave may be converted to retirement credit according to the rules and regulations of the Public Employees Retirement System in effect at the time of retirement.

13.1.12 Members of the bargaining unit may apply to the Assistant Superintendent of Human Resources for use of up to 75% of accumulated leave for illness and injury to tend to medical emergencies in the immediate family; the decision of the Assistant Superintendent of Human Resources on such applications shall be final. For the purposes of this section, the immediate family shall consist of relatives by blood or marriage.

13.2 Entitlement to Other Sick Leave

When an employee is absent from their duties on account of illness or accident for a period of one hundred (100) workdays or less, whether or not the absence arises out of or in the course of employment of the employee, the amount deducted from the salary due them for any month in which the absence occurs, shall be 50% of base pay after all other leave is exhausted.

Entitlement to sick leave provisions under this section shall be used after entitlement to all regular sick leave and must be accompanied with a leave request form with medical certification of the need for absence. Use of accumulated compensatory time and vacation would be an employee option. Provisions of this leave will be allowable under industrial accident and injury leave.

13.3 Termination of Sick Leave

13.3.1 After exhaustion of all paid leave, a permanent employee may be placed on an additional leave upon request and with the approval of the Board. The additional leave may be paid or unpaid and may be extended for any period not to exceed eighteen (18) months. If placed on unpaid leave, the employee shall not again become eligible for paid leave because of the commencement of a new fiscal year until they have rendered service.

13.3.2 An employee who has been placed on paid or unpaid sick leave may return to duty at any time during the leave provided that they are able to resume the assigned duties and, if the leave has been for more than twenty (20) working days, provided that they have notified the District of their return at least three (3) working days in advance. An employee shall continue to receive seniority credit when on such paid or unpaid sick leave.

13.3.3 If, at the conclusion of all sick leave and additional leave, paid or unpaid, under this section, the employee is still unable to assume the duties of their position, they will be placed on a reemployment list for a period of thirty-nine (39) months in the same manner as if they were laid off for lack of work or lack of funds.

13.4 Transfer of Sick Leave

Any classified employee of any school district or county superintendent of schools who has been employed for a period of one (1) calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with this school district within one (1) year of such termination of their former employment shall

have transferred with them to this District the total amount of earned leave of absence for illness or injury to which they are entitled under Education Code Section 45191. In any case where an employee was terminated as a result of action initiated by the employer for cause, such a transfer may be made if agreed to by the governing board of the District.

13.5 Industrial Accident and Illness Leave

13.5.1 Members of the bargaining unit who sustain an injury or illness arising directly out of and in the course and scope of employment shall be eligible for the equivalent to a maximum of sixty (60) working days paid leave, which is tracked in hourly increments, for the same accident/illness. Claims must be approved by the District’s insurance carrier to qualify under this section. This leave shall not be accumulated from year to year. Industrial accident or illness leave will commence on the first day of absence.

13.5.2 Payment for wages lost on any day shall not, when added to an award granted under the Workers’ Compensation laws of this state, exceed the employee’s full salary for the month. Industrial accident and illness leave shall be reduced by one day for each day of authorized absence regardless of a compensation award made under the Workers’ Compensation. When an industrial accident or illness leave occurs at a time when the leave will overlap into the next fiscal year, the employee shall be entitled to only that amount of leave remaining at the end of the fiscal year in which the industrial injury or illness occurred for the same illness or injury.

13.5.3 Industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave will be used. If, however, the employee continues to receive temporary disability indemnity under the Workers’ Compensation laws of this state at the time of the exhaustion of benefits under this section, the employee may elect to take as much of the employee’s accumulated and available sick leave which, when added to the Workers’ Compensation, results in a payment of not more than the employee’s regular salary.

13.5.4 An employee requesting industrial accident or illness leave benefits shall be required to comply with the medical verification and reporting provisions of the sick leave section of this article.

13.5.5 Upon complying with District medical release requirements and receiving District authorization to return to work, an employee on industrial

accident or illness leave shall be reinstated in a position in the same class without loss of status or benefits.

13.6 Catastrophic Leave Bank

Classified employees covered under contract with FSUSD may become members of the Catastrophic Leave Bank by voluntarily contributing one (1) sick leave day for the establishment and operation of the Bank. This Bank is to assist employees who have long-term illnesses or disabilities, or need time to care for an immediate family member who has experienced a catastrophic condition, requiring the employee to provide care for the family member. Donation forms may be obtained in the Human Resources Department. Catastrophic Leave is defined in Article 26.

a. An employee must have exhausted all of their sick leave to qualify for use of the Catastrophic Leave Bank for their own long-term illness or disability

b. An employee must have exhausted 75% of their accumulated leave for illness or injury as described in Article 13.1.12, in order to care for an immediate family member prior to being eligible for application to the Catastrophic Leave Bank. For this circumstance, “Immediate family” is described as follows: employee’s spouse, registered domestic partner, child, mother, father, mother-in-law, father-in-law, step-daughter, step-son, or foster child, or any person living in the immediate household of the unit member

c. Days in the Catastrophic Leave Bank will accumulate year to year.

d. Enrollment in the Bank occurs as follows:

i. New employees must notify the Human Resources Department, in writing, of their desire to enroll in the Bank within six (6) weeks of the date of hire.

ii. Permanent employees who are not current members of the Bank and who would like to be, must notify the Human Resources Department, in writing, of their desire to enroll in the Bank by July 1st for that fiscal year

iii. Permanent employees who are enrolled in the Bank will automatically continue their participation year to year unless there is a break in service, or they notify the Human Resources Department, in writing, of their intent to terminate their participation in the Bank. Such termination from the Bank will be effective June 30th of that fiscal year, and will not result in reinstatement of the time contributed to the Bank.

e. Employees will see contributions to the Bank deducted from their sick leave based on the following schedule: 12-month employees - July 31st; 11-month employees - August 31st; 10.5-month employees - August 31st.

f. Should a break in service occur (eg: placement on the 39-month rehire list) the member must re-enroll (pursuant to 13.6.d.i).

g. If the Bank accumulates more than 12,000 hours, the yearly donation (to remain in the bank) will be suspended until the bank balance falls below 12,000 hours. The following two (2) exceptions of donated leave will continue regardless of the bank balance:

i. Employees who are new to the District.

ii. Permanent Employees who wish to enter the bank (when the new year rolls over on July 1) and are not already a member of the bank.

h. No unit member may donate eligible leave credits unless they have a minimum of ten (10) days of accumulated sick leave on record with the District. Leave credit may be donated only in normal workday units. One day is equal to your daily contracted hours.

i. All transfers of sick leave into the Bank are irrevocable.

j. Only the individuals who are currently contributing to the Bank will be eligible for benefits. The maximum anyone can contribute to the bank is one (1) sick leave day per school year.

k. The maximum cumulative number of days, which one person can be granted from the Bank per year of employment with the District is thirty (30) days. A member who makes a withdrawal from the Bank will be paid at his/her regular daily rate of pay Sick leave from the Bank may not be granted for periods of disability when monies are being paid to the unit member under Workers Compensation, Social Security benefits, paid disability, paid time under the Family Medical Leave Act or any other fully paid benefits.

l. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the committee is under no obligation to provide days and the District is under no obligation to pay the participant any funds whatsoever If the committee denies a request for withdrawal because of insufficient days to fund the request, they will notify the participant, in writing, of the reason for denial.

m. Participants applying to make a withdrawal from the Bank will be required to submit a physician’s verification (with the withdrawal application) explaining the catastrophic illness or injury that is expected to incapacitate the employee, or the employee’s immediate family member as described in 13.6 (b). The physician’s verification shall also articulate the anticipated duration.

n. Applicants for benefits from the Bank must make an application through the Catastrophic Leave Bank Committee.

o. Unit members who are retiring or leaving the employ of the District may contribute their unused sick leave to the Catastrophic Leave Bank. This contribution is irrevocable and shall be made within ninety (90) days prior to leaving the District.

13.7 Administration of the Bank:

The committee shall consist of three (3) members from CSEA and two (2) members of the District Administration. The Chapter 302 Executive Board shall appoint all unit members. The Superintendent or designee shall appoint the Committee members.

a. The Catastrophic Leave Bank Committee shall meet as necessary to administer the Catastrophic Leave Bank. The District shall maintain the records of transfer into and out of the Bank.

b. The Committee will have the responsibility of receiving withdrawal requests, verifying the validity of requests, approving or denying the requests and communication of its decision(s), in writing, to the applicant, participants on the committee and to the District within ten (10) days of receipt of the withdrawal request from the applicant.

c. The Committee’s authority will be limited to administration of the Bank.

d. The Committee will keep all records confidential and will not disclose the nature of the illness/disability.

e. Any Worker’s Compensation injury/illness claim covered by an award shall be excluded.

f. No Catastrophic Leave Bank days shall be granted after Long Term Disability begins.

g. Upon the seventh (7th) week of the new school year, the District shall notify the Committee of the following:

i. The total number of accumulated days in the Bank on June 30th of the previous school year

ii. The number of days contributed by the unit members for the current year

iii. The names of the participating unit members.

iv The total number of hours available in the Bank.

h. The District will maintain current information for the Committee on the following:

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i. The names of any participants who have terminated participation in accordance with this article.

ii. The names of any additional unit members who have joined the Bank.

iii. The total number of days in the Bank.

iv The total number of days awarded, and to whom they were awarded.

i. If the Catastrophic Leave Bank is terminated for any reason, the days remaining in the Bank will be returned to the then current members of the Catastrophic Leave Bank proportionately.

j. The decision of the Catastrophic Leave Committee is final.

13.8 Donation of Leave

Members may donate no more than two (2) days of sick leave and/or two (2) days of vacation leave from one member to another should a member exhaust all leave time.

The member donating the time must submit the form to the Chapter #302 President who will verify and then submit the form to the Human Resources Department for processing.

The member must denote the amount of time, leave type, and to whom the donation will be awarded.

The transaction will remain confidential between the member donating the time, the member receiving the time, and the Human Resources Department.

13.9 Bereavement Leave

13.9.1 A unit member shall be granted leave of absence for the death of a member of the immediate family without loss of pay or deduction from other leave benefits found in this article.

The District agrees to grant five (5) days of paid leave of absence to an employee for the following:

i. Death of an employee's spouse, registered domestic partner, child, mother or father.

ii. Death of other immediate family members.

Other immediate family shall include, but not be limited to, the following: mother-in-law, stepmother, father-in-law, stepfather, son-in-law, stepson, daughter-in-law, stepdaughter, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, foster 43

child, grandparent, grandchild, legal guardian or ward, niece, nephew, aunt or uncle, or first cousin of the unit member or spouse, or any person living in the immediate household of the unit member

13.9.2 Leave may be granted to the employee by the Assistant Superintendent of Human Resources for any individual not listed herein.

13.9.3 A member of the bargaining unit may request permission of their immediate supervisor to be absent without pay on account of the death of any relative not designated as immediate family.

13.9.4 Members of the bargaining unit shall be required to contact their immediate supervisors or department offices one (1) hour prior to the start of their regular work shift to request bereavement leave. A supervisor may waive notification in extreme emergencies.

13.9.5 Verification of Bereavement Leave: Members of the bargaining unit shall be required to complete a leave verification form providing such proof of eligibility for bereavement leave as the District may require.

13.9.6 Under special circumstances, up to five (5) days additional bereavement leave may be granted by the Assistant Superintendent of Human Resources.

13.10 Jury Duty

13.10.1 Leave of absence for jury service shall be granted to any unit employees who have been officially summoned to jury duty in local, state, or federal court. Leave shall be granted for the period of the jury service. The employee shall receive full pay while on leave provided that the jury service fee for such leave is assigned to and the subpoena or court certification is filed with the District. Requests for jury service should be made by presenting the official court summons to jury service to the Assistant Superintendent of Human Resources or their designee. Upon completion of jury service, the employee shall provide to their site administrator or designee a copy of the official court documentation indicating attendance at jury duty.

Any employee whose regular shift starts before 8:00 am, will be considered to have started their work day, on a jury service day, at 8:00 am.

13.10.2 Leave of absence to serve as a witness in a court case shall be granted to an employee when they have been served a subpoena to appear as a witness, not as the litigant in the case. The length of the leave granted

shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court. The employee shall receive full pay during the leave period provided the witness fee for such leave is assigned to and the subpoena or court certification is filed with the District. Requests for leave of absence to serve as a witness should be made by presenting the official court summons to the Assistant Superintendent of Human Resources or their designee.

13.10.3 The jury service fee and witness fee referred to in the above two paragraphs, respectively, do not include reimbursement for transportation expenses.

13.10.4 An employee whose regular shift begins at or after 2:00 p.m. (swing shift) shall not be required to report for work on the specific day of jury service, after serving for more than forty hours of jury duty; the employee shall be paid the difference between their regular rate of pay and jury duty pay.

13.11 Military Leave

An employee shall be entitled to military leave to which they are entitled under law Employees shall be required to request military leaves in writing and, upon request, to supply the District with copies of their orders and status reports.

13.12 Personal Necessity Leave

In cases of personal necessity, an employee may use, at their election, their sick leave for the following reasons. No more than seven (7) days of such accumulated sick leave may be used in any school year for the purpose enumerated below:

13.12.1 Death of a member of their immediate family when additional leave is required beyond that provided beyond bereavement in this article.

13.12.2 Accident involving a person or property, or the person or property of a member of their immediate family.

13.12.3 Appearance in any court or before any administrative tribunal as a litigant, party, or witness under subpoena or any order made with jurisdiction.

13.12.4 An illness of a member of the employee’s immediate family as defined under bereavement leave, sudden or serious in nature, which under the circumstances the employee cannot reasonably be expected to disregard and which require the attention during their assigned hours of service.

13.12.5

13.12.6

The birth or adoption of a child making it necessary for an employee who is the father of the child to be absent from their position during their assigned hours of service.

Imminent danger to the home of an employee, occasioned by a factor such as flood or fire, serious in nature which under the circumstances the employee cannot reasonably be expected to disregard, and which requires the attention of the employee during their assigned hours of service.

13.12.7 Religious activities involving the observance of specific religious holidays or occasions.

13.12.8

Personal necessity is not limited to reasons enumerated above. Unit members may use personal necessity to attend to personal business which cannot be attended to during non-school hours provided the unit member is granted permission to use this leave not less than two (2) days in advance. Personal matters which would prove embarrassing need only be communicated orally to the Assistant Superintendent of Human Resources or their designee and need not be written on the form requesting personal necessity. All other requests shall be in writing.

13.12.9

13.12.10

One (1) day of personal necessity leave may be used at the employee’s discretion. Approval may not be denied for such leave, neither must a specific reason be given. This leave may not be used for Union-related political activities, demonstrations, or causes. Advance notification of at least one (1) day is required.

All personal necessity leave on Mondays, Fridays, the day before a break, and the day after a break must have prior supervisor approval.

This is exclusive of Articles 13.11.1, 13.11.2, 13.11.3, and 13.11.6

13.13 Pregnancy Disability Leave

13.13.1

13.13.2

Paid Leave: An employee who is pregnant may utilize sick leave during the period of time they are disabled. Disability shall begin at the written request of the employee accompanied by a statement from a duly licensed physician indicating the period of time the employee shall not be physically able to perform their duties.

Unpaid Leave: Unpaid leave may be granted to pregnant employees who have exhausted their regular leave benefits during their eligible California Pregnancy Disability period. Health benefits during unpaid leave will be continued at no cost to the employee if

such unpaid leave does not exceed twenty (20) workdays. Health benefits may be continued beyond the twenty (20) workdays of unpaid leave if the employee pays for their portion of premiums. The employee will pay for their portion of premiums beginning on the twenty-first (21st) workday This leave will comply with regulations of the Family Medical Leave Act, Pregnant Disability Leave Act, and California Family Relief Act.

13.14 Unpaid Child-Rearing Leave

13.14.1

13.14.2

A member of the bargaining unit shall be entitled to an unpaid child-rearing leave for the purpose of caring for a natural or adopted infant for a maximum of one (1) year.

Unpaid leaves must be requested in writing to the immediate supervisor a minimum of two (2) weeks before the leave is proposed to begin. An employee returning from an unpaid leave of absence lasting more than thirty (30) days shall notify their supervisor at least two (2) weeks before the end of the leave.

13.15 Paid Parental Leave

Paid Parental Leave: Parental Leave shall be defined as benefits provided for by section 45196.1 of the California Education Code for absences necessitated by birth of a child of the employee, or placement of a child with an employee in connection with the adoption or foster care of the child by the employee.

13.15.1 An employee shall first use their sick leave for purposes of parental leave for up to twelve (12) weeks.

a. Pursuant to Education Code section 44977.5, in order to be eligible for Parental Leave, the employee must have worked for FSUSD for at least twelve (12) months, but are not required to have at least 1,250 hours of service during the previous one year (twelve months) period.

13.15.2

Each employee holds the right to request Parental Leave via these provisions.

During the designated twelve (12) weeks paid Parental Leave, should an employee exhaust all sick leave available to them, the employee shall then receive fifty percent (50%) of base pay for the duration of the twelve (12) week period of Parental Leave.

a. The twelve (12) weeks of Parental Leave shall be reduced by any period of sick leave, including all accumulated sick leave, taken during the period of Parental Leave.

i. For mothers, the twelve (12) week Parental Leave shall commence at the conclusion of any pregnancy disability leave.

ii. For non-birthing parents, the twelve (12) week Parental Leave shall commence on the first day of such leave.

b. An employee may not be provided more than one twelve (12) week period for Parental Leave during any twelve (12) month period.

c. An employee may take their Parental Leave in intermittent periods within the twelve (12) month period; however, the aggregate amount of leave taken shall not exceed twelve (12) work weeks within the twelve (12) month period. Should intermittent leave be taken it must be taken in two week increments.

d. If a school year concludes before the twelve (12) work week period is exhausted, the employee may take the balance of their twelve (12) work week period in a subsequent school year, as long as the twelve (12) month period of time has not ended.

e. Pursuant to the California Family Rights Act (CFRA), Parental Leave must be completed within one year of the birth, adoption, or foster placement of a child.

f. Paid Parental Leave and Unpaid Child-Rearing Leave will run concurrently.

13.16 Family Medical Leave:

An eligible employee shall be entitled to up to twelve (12) workweeks of unpaid leave within a twelve (12) month period for family and medical reasons under the federal Family and Medical Leave Act of 1993 and the California Family Rights Act ("family medical leave").The following provisions shall be interpreted in accordance with those statutes and their regulations.

13.16.1 An employee is eligible if they have been employed by the District for at least twelve (12) months and have provided service at least 1250 hours over the previous twelve (12) months.

13.16.2 Family medical leave shall be available for the following purposes: 48

a. Birth of the employee's child.

b. Placement of a child with the employee for adoption or foster care.

c. Care for the employee's child, spouse or parent with a serious health condition.

d. The employee's own health condition that keeps the employee from performing their job function.

13.16.3 Family medical leave will run concurrently with other paid and unpaid leave if the reasons for the leave meet the requirements of family medical leave. However, family medical leave shall not run concurrently with paid leave taken for Pregnancy Disability, and childbirth, but rather shall be available after the exhaustion of paid leave.

13.16.4 An employee may substitute accrued vacation or other paid leave in place of his or her family medical leave entitlement. The District may require the employee to substitute accrued vacation for the unpaid family medical leave entitlement.

13.16.5 An employee may be required to provide medical certification whenever a serious health condition of their family member is the reason for the leave. Failure to obtain medical certification when necessary may delay the granting of the leave request until such certification is provided. For the employee's own serious health condition, the medical verification rules of sick leave, extended illness leave, or other applicable leave will apply.

13.16.6 When advance notice is possible, an employee must provide thirty (30) days advance written notice of the need for the leave. If the need for leave is unforeseen, written notice must be given as soon as possible. Failure to provide advance written notice may delay the granting of leave.

13.16.7 An employee taking family medical leave will continue to participate in the District provided health plan under the same terms and conditions which applied to the first day of the employee's leave. An employee is required to make premium payments to the same extent made by the employee prior to the leave to maintain their health benefits during the leave period. If the employee fails to return from the leave for any reason other than the recurrent or continuance of a serious health condition, the employee will be liable to the District for premiums paid for maintaining the employee's health coverage. An employee may at

their expense participate in all other employee benefit plans offered by the employer during the leave.

13.17 Absence for Examination

Every employee in the bargaining unit shall be permitted to be absent from the person’s duties during working hours in order to take any examination for promotion in the District without deduction of pay or other penalty provided that the person gives two (2) days’ notice to the person’s immediate supervisor.

13.18 Retraining/Study Leave

A unit member may request an unpaid leave for the purpose of obtaining additional training for work available in the District, or for work the District anticipates may become available. Unit members meeting the following criteria are eligible to request this type of leave:

a. Three (3) years of consecutive service to the District, and

b. Three (3) most recent years of consecutive service are deemed to be “satisfactory” based on evaluations during these three (3) years in their position.

c. The District shall have sole discretion to approve this type of leave and a decision to not approve such leave will not be grievable. If a request for such leave is denied an appeal to the Assistant Superintendent of Human Resources or designee may occur. If the leave is granted, it shall not be considered a break in service. Unit members taking such a leave may purchase benefits as provided in Article 10.6.

Article 14 - Workload Committee

14.1 Workload Committee

A Workload Committee comprised of three (3) Union appointees and three (3) District appointees shall be formed to establish workload guidelines including, but not limited to: use of substitutes, number of District employees/District Office staff, ADA/school staff, etc. Total membership of this committee shall not exceed six (6).

Once established, the guidelines may be implemented at the discretion of the District. This committee shall be implemented no later than three (3) months after ratification; thereafter, the committee shall meet upon request of either party

Article 15 - Transfer and Promotion

15.1 Definitions for Purposes of This Article

15.1.1 Voluntary Transfer is defined as a change in work location, but not in job classification or salary schedule placement, which is initiated at the employee’s request.

15.1.2 Involuntary Transfer

The District may transfer employees from one work site to another, but no employee shall be transferred without their consent until:

a. The employee has been notified in writing that the transfer is to be made; notice shall include an explanation of the causes of the transfer.

b. The employee has had five (5) days while continuing to work on their original work site to confer with a supervisor or with the Assistant Superintendent of Human Resources. At the employee’s request, a written summary of each conference shall be provided.

c. If an emergency requires a transfer before the expiration of the five (5) working day limit provided above, the District shall pay the transferred employee a transfer differential of 2.5% for the first five (5) days on the new site.

15.1.3 Vacancy is when a new unit position is created or an existing position is to be filled even if it is a temporary vacancy

15.1.4 Promotion is defined as an upward movement on the salary schedule.

15.2 Notice of Vacancy

15.2.1 A notice of job vacancy shall be posted for five (5) working days at all sites.

15.2.2 Employees who are not full year employees or employees absent from duty for vacation, leave, etc., who wish to apply for job vacancies during the period of their absence may do so by submitting their name and address and dates of their absence to the Human Resources Department. The employee shall supply the Human Resources Department with self-addressed stamped envelopes and will be mailed a copy of vacancy notices within two (2) days after it is posted. It shall be the responsibility of the employee to notify the Human Resources

Department of any change of status. Any employee on leave shall have the right to have their job steward file for transfer on their behalf.

15.3 Procedures for Filling Vacancies

15.3.1 Transfer: The District shall first offer an opportunity to transfer to bargaining unit employees serving in the same classification within the District. In the event one of these candidates is not selected, the District shall consider other qualified internal applicants and may consider non-unit applicants. Unsuccessful applicants who are employees of the District shall, upon request, be given appointments with the Assistant Superintendent of Human Resources or designee.

15 3 2 Promotion: The District shall first offer an opportunity for promotion to bargaining unit employees who have satisfactorily proven their ability to perform the duties delineated in the job description. In the event one of these candidates is not selected, the District shall consider other qualified internal applicants and may simultaneously consider non-unit applicants.

a. Should a classified unit member desire feedback on a particular interview, they may request such feedback from the Assistant Superintendent of Human Resources or designee within seven (7) workdays of the interview

b. The District will make every effort to notify all applicants of their selection or denial through District electronic communication. The hiring manager may also contact applicants directly to notify them of the hiring decision.

15.3.3 A permanent employee who is promoted to a position in a classification in which they have not previously completed a probationary period shall be considered probationary in that class for a period of 130 days of paid service. If the member is released from their promotional position, then they shall have the right to return to their former class. They will not have the right of appeal in accordance with Article 4.1.1.3 - Probationary Employees.

15.4 Selection Panels for Transfer and Promotion

15.4.1 The Office/Technical/Business Services Unit will provide the Human Resources Department with a list of not less than twelve (12) union members who have the union’s approval to serve on interview panels when panels are convened to select qualified candidates to fill vacant classified unit positions in the clerical unit.

15 4 2 On or prior to the posting date of a position to be filled, the District shall email the members from 15.4.1. The members shall have forty-eight (48) hours to respond via email. Each selection panel shall have at least one (1) person from the email response participating in the selection panel. Where possible, the person selected to serve on a particular panel should have worked in the class or similar classification of the position being filled. In the event that the CSEA panel members do not respond, the Clerical Vice President and/or Chapter President will be notified and the panel may proceed without any CSEA panel designee.

15.4.3 The Clerical Unit Vice President, Chapter President, or designee, will receive training with regards to the District’s interview process and interview instruments utilized by the District.

Article 16 - Discipline

16.1 General

16.1.1 Discipline shall be imposed upon bargaining unit members whether permanent or probationary only pursuant to this article and only for just cause.

16.1.2 Release of a probationary employee is not discipline under the procedures in this article and may not be appealed unless the employee is terminated for stated just cause other than failure to satisfy the conditions of probation.

16.1.3 Disciplinary action is deemed to be any action which deprives any employee in the bargaining unit of any classification or employment in which the employee has permanence and includes, but is not limited to: reprimand, dismissal, demotion, suspension, reduction in hours or class, or any action mutually agreed to, which may include transfer, except a layoff for lack of work or lack of funds.

16.1.4 Progressive steps shall be utilized in handling discipline and the discipline shall be commensurate with the offense, and evidence of the offense. The following actions will be taken in order:

Verbal reprimand

Written reprimand

Discipline less than dismissal

Dismissal

The District shall have the right to skip any step of the progressive discipline in that event the District determines, by a preponderance of

the evidence, that the unit member has committed a serious offense including, but not limited to: job abandonment (as defined in Article 26.1.6); danger or threats to person(s) or property; theft; crimes of moral turpitude; immoral conduct; personal non-permissive use of District property; conviction of a felony; falsifying information to the District; dishonesty; sexual harassment, bully or harassment; willful refusal to comply with District policies and/or regulations, and/or other statutory or regulatory authority; and/or possessing or ingesting illegal substances, and/or drinking alcoholic beverages while on duty or in such close time proximity thereto as to cause any detrimental effect upon the employee or upon other persons associated with them.

The Superintendent or designee for reasons stated in writing and sent to the Union may skip one or more steps of the disciplinary process for the reasons set forth in this article.

a. At any meeting which results in disciplinary action, including a verbal warning or written reprimand, the impacted unit member shall be advised of their right to representation.

b. For any meeting which results in disciplinary action, including a verbal warning or written reprimand, the date, time, and reasoning for the discipline shall be documented.

c. The impacted member has the right to submit a written rebuttal to any disciplinary action, including a verbal warning. That rebuttal shall be attached to the documentation of the disciplinary action.

d. Any documentation of a verbal warning shall not be placed in the member’s personnel file, unless used to support a subsequent written reprimand.

If the employee wishes to appeal the written reprimand, they shall within ten (10) working days of the reprimand submit in writing the reasons for appeal to the Assistant Superintendent of Human Resources or designee. The written response shall be placed in the file. The Assistant Superintendent of Human Resources or designee, after reviewing the response, may elect to remove and destroy the reprimand. In order to effect removal, the reprimand shall not be placed in the file until after ten (10) days have elapsed.

16.1.5 The District shall not initiate any disciplinary action for any cause alleged to have arisen more than two (2) years preceding the date that the District files the notice of disciplinary action.

16.1.6 In all discussions and hearing sessions, the employee may be accompanied by representative(s) of their choice.

16.2 Procedures Following Written Reprimand

16.2.1 The Superintendent or a designee shall prepare a written charge specifying the conduct for which the employee is to be disciplined in sufficient detail to permit defense, and the discipline to be imposed. The charge shall include reference to the right of the employee to appeal the decision, and shall have attached to it a form for making such an appeal heard. The form shall indicate the time and the place that the appeal is to be filed. If the employee is not on the job site the day the charge is prepared, that document shall be mailed, certified, to their address of record.

16.2.2 The employee shall have a right to discuss the charge with the Superintendent or their designee and to recommend alternative action(s). If the employee does not request such a discussion within five (5) working days, the right is waived.

16.2.3 If the employee does not appeal the discipline, the Superintendent shall present the charge to the Governing Board at its next regular meeting. The Board may discuss the charge in closed session but must act by motion in open session if it chooses to impose discipline.

16.2.4 After the Governing Board acts on the Superintendent’s recommendation, its decision shall be communicated to the employee by certified mail or personal, acknowledged delivery

16.2.5 Where the District determines that it may skip a step in the progressive disciplinary process, as set forth in 16.1.4, the Superintendent or their designee may suspend the employee with pay pending the outcome of the process prescribed herein.

16.3 Appeal

16.3.1 If the employee appeals, the matter shall be referred to a hearing officer selected by mutual agreement of the parties; the hearing officer must be an attorney licensed to practice law in the state of California for at least five years. If the parties agree to have the matter heard by the Governing Board, the employee may request an open or closed hearing and the Board shall honor either request. In the absence of a request, the Board shall conduct a hearing in closed session.

16.3.2 The employee may offer a defense and present witnesses at the hearing. The rules of evidence shall not apply The burden of proof of the charge shall rest on the District.

16.3.3 The Board must act in open session even if the hearing is in closed session.

Article 17 - Layoff and Reemployment

17.1 Reasons for Layoffs

The Governing Board may lay off unit members for lack of work or lack of funds. Such layoffs shall be initiated by resolution; a copy of any such resolution recommended by the administration shall be sent to the Union before it is presented to the Board.

17.2 Notice of Layoff

Procedures for layoff notice and right to hearing are set forth in Ed Code section 45117. A copy of each such notice and the names and addresses of the employees to whom it is sent shall be sent to the Union.

17.3 Negotiation of Impact

In the event the District determines that it is necessary to lay off unit members due to lack of work or lack of funds, it shall notify the Union in writing (president and agent). This notice should be before or at the same time as employees are given the notice specified in section 17.2. Negotiations over the impact of layoffs shall commence within ten (10) days of receipt of the notice if either party wishes to modify the provisions below. In the event no agreement is reached on impact within fifteen (15) days of the first negotiating session, the provisions listed below will be implemented. Notwithstanding implementation of the procedure, negotiations shall continue for a reasonable period of time in order to exchange information and proposals and endeavor to reach agreement on variation of the procedure or impacts not covered by this article.

17.4

Order of Layoff

17.4.1 Every layoff shall be in reverse order of seniority within classification; seniority shall be by hire date.

17.4.2 The employee in the classification to be laid off with the least seniority in classification and higher classifications by date of hire shall be laid off first. If two or more employees have the same seniority, seniority status shall be assigned by lot.

17.5 Reemployment Rights

17.5.1 This article will take effect after the provisions of Article 15 - Transfer and Promotion have been exhausted with current unit members.

17.5.2 Employees who have been laid off shall be retained on a reemployment list for thirty-nine (39) calendar months and shall be recalled to service in reverse order of layoff in the following manner: (1) to fill classifications from which laid off, (2) to fill classifications which were previously held, (3) the three most senior employees by date of hire will be interviewed for positions in which they meet the qualifications - one of these employees will be chosen, (4) if less than three laid-off employees qualify, these employees will be interviewed before outside candidates are considered.

17.5.3 Management, along with employee’s input, will decide if the employee meets the qualifications of the position. It is the employee’s responsibility to inform the District of their qualifications and of any upgrade in qualifications which would qualify them for other positions.

17.5.4 When notified of a vacancy by certified mail, an employee has seven (7) working days to accept or reject the position. If the District contacts the person directly (including by telephone), they have five (5) working days to respond. Rejections of an offer of reemployment shall not endanger an employee’s position on the reemployment list.

17.5.5 If an employee on the reemployment list accepts the position offered, they shall have three (3) weeks to separate from interim employment and be ready for work.

17.5.6 All notices of vacancies issued while there is a reemployment list and information regarding the reemployment of persons thereon shall be sent to the Union president; delivery to the Union of reemployment notices shall acquit the District of its notification responsibility.

17.6

Bumping Rights

An employee laid off from their present classification may bump into a lateral position for which they have seniority or the next lowest classification in which the employee has greater seniority considering their seniority based on hire date as defined by 17.4. The employee may continue to bump into lower classifications to avoid layoff.

17.7

Voluntary Demotion

An employee who takes a voluntary demotion in lieu of layoff shall be, at their option, returned to a position in the former class when a vacancy becomes available, and with no time limit except that such employee shall be ranked in accordance with their seniority on any valid reemployment list.

17.8 Reduction In Hours

Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present position rather than be reassigned shall retain eligibility for reemployment for a total of sixty-three (63) months provided they meet the minimum qualifications.

Reduction of hours shall be by order of seniority Any reduction of hours shall not cause any reduction of District-paid health and/or dental benefits for the year in which the reduction took place.

17.9 Retirement In Lieu of Layoff

An employee may retire in lieu of layoff or any alternative thereto without losing their rights to reemployment as provided by law. The District shall not hire another employee during the time required to process return to work from retirement papers if the employee accepts reemployment within the notification period defined in 17.5 above.

17.10 Improper Layoff

Any employee who is improperly laid off shall be reemployed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits.

17.11 Reassignments

Employees holding positions that are eliminated at specific work sites when the District has not declared a layoff shall be reassigned as follows:

17.11.1 The employee shall have the option to be placed on the thirty-nine (39) month reemployment list.

17.11.2 The employee shall be given an opportunity to express up to three preferences for assignment to vacant positions (if three positions are available).

17.11.3 The administrators with vacant positions shall meet with the employees expressing first, second, or third preferences for those positions and shall prepare a list of preferred assignments.

17.11.4 The Assistant Superintendent of Human Resources shall assign the displaced employee to a vacant position (unless the preservation of hours required the bumping of another employee) considering the assignment, the expressed preferences of the employee, the preferences of the administrators, and the length of service in the District.

17.11.5 The procedure shall only be implemented in consultation with the Union.

17.12 Opportunity to Substitute

At the time of layoff, all affected employees shall be offered placement on the substitute list(s); those who decline may subsequently request placement on the list. Laid off employees must notify the District substitute office, in writing, of their intent to substitute. Employees on the reemployment list shall be offered substitute work in their classification and in other classifications for which they qualify. Pay for substitute work in the class from which laid off shall be at the range and step paid at the time of layoff; pay for the substitute work in other classes shall be at the substitute rate. The substitute clerk shall attempt to contact substitutes on the reemployment list before contacting other persons.

Article 18 - Grievance Procedure

18.1 Purpose

This grievance procedure shall be used to process and resolve grievances arising under this agreement. The purpose of these procedures is:

18.1.1 To equitably resolve grievances informally at the lowest possible level.

18.1.2 To provide an orderly procedure for reviewing and resolving grievances promptly.

18.2 Definitions

18.2.1 “Grievance” means an alleged violation, misinterpretation or misapplication of the express terms of this agreement.

18.2.2 “Grievant” is the Union, a member or members of the representation unit(s) covered by this agreement who files the grievance.

18.2.3 “Immediate Supervisor” means the person at the lowest administrative level who has been designated management or supervisory and who assigns, evaluates or directs the work of the employee. The immediate supervisor shall not be a member of the bargaining unit.

18.2.4 “Day” is any day in which the District Office is open for business.

18.3 Time Limits

Every effort shall be made to complete action within the time limit contained within the grievance procedure; time limitation may be shortened or extended by written stipulation of both parties.

18.4 Service

Decisions and appeals shall be served by personal service or by certified mail. If served by mail, the response must be postmarked no later than the deadline date.

18.5 Representation

Any employee may at any time present grievances to the District and have such grievances adjusted, without the intervention of the Union, as long as the adjustment is reached prior to arbitration and the adjustment is not inconsistent with the terms of the contract provided that the District shall not agree to a 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.

18.6 Informal Discussion

The alleged violation shall be discussed informally with the immediate supervisor During this informal discussion, the grievant shall have the right to have a representative of the Union present.

18.7 Formal Grievance - Level I (Immediate Supervisor)

18.7.1 If an alleged violation is not resolved in an informal discussion to the satisfaction of the grievant, a formal grievance may be initiated. A formal grievance may be initiated no later than thirty (30) workdays after the event or circumstances occasioning the grievance if the employee knew or should have known of the event or circumstances.

18.7.2 A formal grievance shall be initiated in writing on a form prescribed by the District and approved by the inclusive representative and shall be filed with the immediate supervisor This formal statement shall be a clear, concise statement of the circumstances giving rise to the grievance, citation of the specific article, section and paragraph of this agreement that is alleged to have been violated, misinterpreted, or misapplied, the decision rendered at the informal conference, and the specific remedy sought.

18.7.3 Within ten (10) workdays after the filing of the formal grievance, the immediate supervisor shall investigate the grievance and give their decision in writing to the grievant. Either the grievant or the supervisor may request a personal conference within the above time limits and such request shall be honored.

18.8 Formal Grievance - Level 2 (Assistant Superintendent)

18.8.1 In the event the grievant is not satisfied with the decision at Level 1, the grievant may appeal the decision to the Assistant Superintendent within ten (10) days. The appeal shall include a copy of the original grievance, the decision rendered at Level 1, and a clear, concise statement of the reasons for the appeal.

18.8.2 The Assistant Superintendent or designee shall conduct an investigation into the allegations and shall communicate their decision in writing to the employee and the grievance and the decision to the Union within ten (10) days after receiving the grievance.

18.8.3 Either the grievant or the Assistant Superintendent may request a personal conference within the above time limits and such a request shall be honored.

18.9 Formal Grievance - Level 3 (Superintendent)

18.9.1 In the event the grievant is not satisfied with the decision rendered at Level 2, the Union may appeal the decision to the Superintendent within ten (10) days.

18.9.2 This statement should include a copy of the original grievance, the decision rendered at Level 1 and 2, and a clear, concise statement of the reasons for the appeal.

18.9.3 The Superintendent or designee shall conduct an investigation into the allegations and shall communicate their decision in writing to the employee and the grievance and the decision to the Union within ten (10) days after receiving the grievance.

18.9.4 Either the grievant or the Superintendent or designee may request a personal conference within the above time limits and such a request shall be honored.

18.10 Formal Grievance - Level 4 (Arbitration)

18.10.1 If the grievant is not satisfied with the decision rendered in Level 3, the Union may within ten (10) workdays from the receipt of the decision

submit a request in writing to the Superintendent for arbitration of the disputes.

18.10.2 The Superintendent or their designated representative shall make arrangements for the selection of an arbitrator The arbitrator shall be selected jointly by the Union and the District. If no agreement can be reached, they shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.

18.10.3 All fees for the services of an outside arbitrator shall be split between the District and the Union.

18.10.4 The arbitrator shall convene a hearing at the earliest practicable date after their selection. They shall establish their own procedures. They shall review the written statements submitted by the parties to the grievance. The Union and the District may request the presence of witnesses. The arbitrator shall be empowered to direct the attendance of any District employee at the hearing without loss of salary to the employee.

18.10.5 The hearing shall be conducted in an informal manner with only those having legitimate interest in the problems at issue, as determined by the arbitrator, admitted. The arbitrator may admit evidence and testimony regarding incidents and occurrences that antedate the event giving rise to the grievance if they conclude that they have sufficient relevance as background information. The hearing shall be conducted in accordance with fundamental rules of fairness and due process.

18.10.6 The arbitrator shall render written findings, conclusions, and their decision within thirty (30) working days of the termination of the hearing. The findings, conclusions, and recommendations shall be sent to the Union and to the Superintendent.

18.10.7 The findings, conclusions, or recommendations of the arbitrator shall be binding on the Board of Education and the Union.

The arbitrator shall be subject to the following limitations:

18.10.8 The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this agreement.

18.10.9 The extent of the arbitrator’s ability to make a financial award shall be limited to ordering reinstatement of lost wages and/or payment of out-of-class or temporary promotion pay

18.10.10The arbitrator shall have no power to recommend or evaluate issues involving the content of evaluation except as provided for in Article 4.2.7 (Factual Disputes Over Evaluation). As a remedy to such a dispute, the arbitrator may extend probation but may not grant permanent status.

18.10.11 Expenses incurred by the arbitrator shall be shared equally by the District and the Union. All other expenses shall be borne by the party incurring them. The grievant, witnesses, and the Union representative shall have release time to attend the arbitrator hearing

18.10.12The fact that the grievance has been considered by the parties in the preceding steps of the grievance shall not constitute a waiver of jurisdiction limitations upon the arbitrator in this agreement.

18.10.13No probationary employee may use the grievance procedure to appeal release from probation.

18.11 Miscellaneous

18.11.1 No reprisals of any kind will be taken by the Superintendent or any member or representative of the administration or by the Board against participants in the grievance procedure by reason of such participation.

18.11.2 All documents, communications, and records dealing with the process of a grievance will be filed in a separate file and will not be kept in the personnel file of any of the participants.

18.11.3 The limits for appeal provided in each level shall begin the day following receipt of written decision by the parties in interest.

18.11.4 If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal or immediate supervisor, the grievant shall submit such grievance in writing to the Superintendent directly, and the process of such grievance shall be initiated at Level 3.

18.11.5 Implementation of any proposed resolution of a grievance at any formal level will take place within ten (10) working days giving the Union this number of days to respond.

Article 19 - Working Conditions

19.1 Professional Training Time

Professional training that is required by the District whenever possible will take place during regular working hours at no loss of pay or benefits. If training is mandatory after hours the employee will be paid at normal wage and overtime rates. All effort shall be made by the district to offer training(s) throughout a 12-month calendar year.

Probationary Employee Training shall occur within the first sixty-five (65) days of work in conjunction with Article 4.1.1.2.

This article and Section 7.8.7 of Article 7 may be waived upon mutual agreement between the Assistant Superintendent of Human Resources and the appropriate Clerical Unit designee. It is understood that the appropriate pay rate be allotted according to the overtime provisions of this contract.

19.2 Job Description Terminology

Other duties as assigned or its equivalent is mutually understood to mean tasks which are directly related to the position and are of incidental nature.

Article 20 - Safety

20.1 Reports of Unsafe Conditions

Each employee shall report, in writing, any unsafe condition in their working environment to the immediate supervisor That supervisor shall, within ten (10) working days, respond in writing to their employee stating what will be done to make the condition safe or, if no action will be taken, the reason(s) why

20.2 District Safety Committee

The District shall conform to and comply with all health, safety, and sanitation requirements imposed by state or federal law or regulation adopted under state or federal law which is applicable to the District. A District Safety Committee as described in Administrative Regulation 3515.5 shall be established to include at least one clerical unit member. The Committee shall make recommendations to the District concerning improvement in health, safety, sanitation, and working conditions. The Committee shall conduct safety programs at District expense to provide employees with training in general safe work practices and specific training with regard to hazards unique to any job assignment, including training and information about the potential health hazards of materials and chemicals workers use or to which they may be exposed.

20.3 Unsafe Work

All employees shall have the right, without recrimination, to refuse to perform work they reasonably consider to be unsafe.

Article 21 - Contracting and Bargaining Unit Work

During the life of this contract, no bargaining unit work that is solely routinely and/or customarily performed by unit workers shall be performed by any non-unit individual except under the provisions of this article. When such consultation does not result in agreement, the matter shall be referred to the Labor-Management Committee. This section shall not apply to substitutes or temporary employees as defined in Article 26 or student workers, nor shall it apply to government-sponsored work programs where a negotiated agreement with the Union has been reached.

Article 22 - Severability

22.1 Savings Clause

If any provisions of this agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

22.2 Replacement for Severed Provision

In the event of suspension or invalidation of any article of this agreement, the parties agree to meet and negotiate within thirty (30) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section.

Article 23 - Negotiations

23.1 Notification and Public Notice

If either party desires to alter or amend this agreement, it shall, not less than one hundred and twenty (120) days prior to the termination date set forth under the Duration Article, provide written notice and a proposal to the other party of said desire and the nature of the amendments and cause the public notice provisions of law to be fulfilled. The responding party will also put their response through the public provisions of the law

23.2 Commencement of Negotiations

Negotiations shall, within ten (10) days of satisfaction of the public notice requirement, commence at a mutually-acceptable time and place.

23.3 Release Time for Negotiations

The Union shall have the right to designate six (6) employees who shall be given a reasonable amount of release time (historically reasonable has been up to 160 hours) to participate in negotiations. Either party may institute impasse procedures in accordance with the rules of the Public Employment Relations Board.

23.4 Ratification of Additions or Changes

Any additions or changes in this agreement shall not be effective unless reduced to writing and properly ratified and signed by both parties.

Article 24 - Labor/Management Committees

The purpose of the Labor/Management Committee shall be to facilitate and improve labor/management relations by providing a forum for free discussions of mutual concerns and problems.

Within thirty (30) calendar days after the effective date of this agreement, a Labor/Management Committee, hereinafter referred to as the Committee, comprised of four (4) representatives of the Union and up to four (4) representatives of the District’s management, shall be formed with the aforementioned representatives being selected by their respective parties. This Labor/Management Committee shall be the same as provided in Article 24 of the Support Contract. Total membership of this Committee shall not exceed ten (10).

This Committee shall meet once each month at a pre-scheduled time and location. Additional meetings may be called by mutual agreement of Committee members.

Article 25 - Pre-Eminence of Agreement

Any individual contract between the Board and an individual employee within the representational unit of this contract heretofore executed shall be subject to and made subject to and consistent with the terms of this or subsequent agreements to be executed by the parties. If an individual contract contains any language inconsistent with this agreement, this agreement, during its duration, shall be controlling.

This agreement shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of the agreement shall be incorporated into and be considered part of the established policies of the Board.

This agreement may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties in a written and signed amendment to this agreement.

Article 26 - Definitions

26.1 Definitions

For the purpose of this agreement, the following shall be the definitions:

26.1.1 Catastrophic Leave: Is defined as a leave for an illness or injury, as verified by a physician, that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s immediate family (as defined in Article 13.8.1) whose incapacitation requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because they have exhausted all of their sick leave.

26.1.2 Class: A group of like classifications. For the purposes of this agreement, the classes shall be: Accounting, School Secretarial/Clerical, District Office Secretarial/Clerical and Library

26.1.3 Classification: A specific job title.

26.1.4 Emergency: An emergency is any situation which, if not addressed immediately, would impede the safe functioning of the District in meeting the needs of students and staff or pose a serious or imminent threat to District property or equipment.

26.1.5 Employee: Member of the bargaining unit.

26.1.6 Job Abandonment: Failure to report to work as scheduled for five (5) consecutive business days or more.

26.1.7 Permanent: An employee who has completed probation in their first position in the District.

26.1.8 Probationary: An employee who has not completed the first six (6) months of employment after their initial hire.

26.1.9 Short-Term Employee: An employee hired to perform a specific task with a designated starting and ending date.

26.1.10 Substitute: A non-unit worker who temporarily replaces an employee who temporarily vacates a position.

26.1.11 Supervisor: An individual responsible for supervision, direction of work, evaluation, discipline, and resolution of first level grievances who shall not be a member of this or the certificated bargaining unit but who shall be a District employee.

26.1.12 Temporary Employee: An employee hired to fill a vacancy that has been advertised and who is employed for no more than sixty (60) calendar days.

26.1.13 Reclassification: Potential upward movement to a reclassification/class of positions due to:

i. Significant new job duties and/or responsibilities permanently added to the job description by the supervisor which requires additional skills, greater responsibility, decision-making requirements, hazardous functions, and/or physical requirements.

26.1.14 Upgrade: Potential upward movement to a classification/class of positions due to:

i. The position is improperly placed on the salary schedule in relation to a similar class or positions (i.e., clerical, maintenance, paraprofessionals).

ii. An extraordinary need has been identified, such as a shortage of applicants, excessive turnover, unique skills or a change of market value.

26.1.15 Workload: Means the volume or amount of work assigned to be completed within a given period of time; i.e., if the amount of work increases, but the job duties are the same, there is no basis for reclassification.

26.1.16 Like Districts: May include components including, but not limited to, geographic location, socio economic development, demographics, population, funding, salaries, and comparable job descriptions.

Article 27 - Duration

27.1 Length of Contract

The contract shall be in effect from July 1, 2023 through June 30, 2026, or until the next successor contract is ratified.

The parties agree to reopen the contract in January 2024 and January 2025 on salary and fringe benefits for the 2024-2025 and 2025-2026 school years respectively

The parties agree to reopen negotiations for two (2) contract articles per party for the 2024-2025, and then two (2) contract articles for the 2025-2026 school years. Additional articles may be added upon mutual agreement of the parties.

Article 28 - Professional Growth

28.1 Eligibility

28.1.1 All permanent employees are eligible to enter the professional growth program; probationary employees may enroll in course work but shall not receive credit until they achieve permanent status.

28.1.2 If employees terminated for reductions in force are subsequently re-employed within thirty-nine (39) calendar months, they are entitled to all previously earned professional growth awards.

28.1.3 Employees laid off shall not be eligible to participate in the program until they return to regular employment.

28.2 Criteria for Awards

28.2.1 Professional growth units may be earned through participation in any of the following categories of activity:

28.2.1.1 University and community college courses. (Each semester college credit is equal to one unit. Each quarter college credit is equal to .67 of one unit.)

28.2.1.2 Adult school courses (15 hours is equal to one unit)

28.2.1.3 Trade schools (including business colleges, 15 hours is equal to one unit)

28.2.1.4 Job-related workshops, institutes, seminars, and conferences (15 hours is equal to one unit)

28.2.1.5 Individual research: development of a project to be used to improve the performance of assigned duties based on a written plan for the study of a subject that will add to the efficiency and quality of work of the District by all employees or by one or more specific classifications of employees or by the person undertaking the project. (15 hours of approved work is equal to one unit)

28.4.2 Such course work or training shall relate to the following skill areas:

28.2.2.1 Communication skills (speech, English, bilingual ability, etc.)

28.2.2.2 Interpersonal relations skills (management, psychology, sociology, etc.)

28.2.2.3 Technical skills (shorthand, typing, data processing, carpentry, gardening, nutrition for food service employees, etc.)

28.2.2.4 Safety (first aid, CPR, etc.)

28.4.3 It is anticipated that course work shall be related to improvement of job performance in the position occupied by the employee or to meeting the requirements of a position to which the employee reasonably aspires.

28.3 Approval Procedure

28.3.1 Basic approval of course work will be by the Assistant Superintendent of Human Resources or designee. If the Assistant Superintendent of Human Resources or designee denies a course for professional growth credit, the employee may appeal to the Review Committee.

28.3.2 The Review Committee shall consist of two (2) permanent employees from the bargaining unit chosen thereby and two (2) administrators appointed by the Superintendent.

28.3.3 The employee appealing the process may make an oral or written presentation to the committee; the Assistant Superintendent of Human Resources or designee shall have the same opportunity

28.3.4 The Review Committee may review the course in question and make a final decision as to whether or not the course is to be accepted for increment credit. The decision of this committee shall be final and not subject to the provisions of Article 18 (Grievance).

28.4 General Rules and Regulations

28.4.1 An employee may receive credit for no more than twelve (12) professional growth increments; each increment shall represent ten (10) semester units or equivalent.

28.4.2 The professional growth pay schedule will be increased by the same percent applied to any agreed upon changes to the classified salary schedule.

28.4.3 Course work in progress at the end of one professional growth increment period may be carried over to the next period.

28.4.4 A grade of "C" or better is required in order to receive credit for formal courses where a grade is given or a “pass,” if a pass/fail system is used; for other activities, a certificate of successful participation is required.

28.4.5 Courses for professional growth credit may not be repeated for credit, except for those that require periodic update, unless special circumstances exist.

28.4.6 Approval must be obtained from the Assistant Superintendent of Human Resources or designee on a form provided by the Human Resources Department before courses or other activities are undertaken.

28.4.7 Salary credit must be completed and transcripts or grade reports forwarded to the Human Resources Department. Increments submitted that move an employee to the next professional growth plan will become effective the second full month after submittal. Employees must be on paid status to receive any portion of the payment and all such payments shall cease when employment is terminated for any reason.

28.4.8 An employee may advance no more than three plans or increments per fiscal year, however, the yearly increments are cumulative and will continue as long as the employee remains in the District.

28.5 Amount of Increments

28.5.1 Professional growth increments shall be paid according to the salary schedule hereto as Appendix B, and subsequent increases as described in Article 28.4.2.

28.5.2 A full increment shall be paid to qualifying employees who work thirty (30) or more hours per week. Employees who work at least twenty (20) but fewer than thirty (30) hours per week shall be paid three-fourths (75%) of a full increment. Employees who work fewer than twenty (20) hours per week shall be paid one half (50%) of a full increment.

29.1

28.5.3 All increments shall be paid in equal installments for the number of months that the employee is usually paid.

Article 29 - Reclassification / Upgrade

Definitions for the Purposes of this Article

29.1.1 Reclassification is defined as a change in title and/or job description for any of the following reasons:

a. Significant new or different duties/tasks which are not currently in the job description.

b. Increased responsibility, complexity of current technical and/or decision-making skills.

29.1.2 Upgrade is defined as a change in lane placement of a position or class of positions for any of the following reasons:

a. The position is improperly placed on the salary schedule in relation to a similar class or positions (i.e.,clerical,maintenance, paraeducators, etc.).

b. The position is out of line with similar positions in Like Districts as to its placement on the salary schedule.

c. An extraordinary need has been identified, such as a shortage of applicants, excessive turnover, unique skills, or change of market value.

29.2 Placement in Class

Every position shall be placed in a class.

29.3 Request for Reclassification/Upgrade

Every even year, clerical unit employees are entitled to request that their individual position be reclassified or the entire classification be upgraded. Reclassification/upgrade application forms will be available on the District’s website or in the Human Resources Department no later than December 1st. The form shall provide an opportunity for the employee to present facts and evidence, as well as a space for the supervisor to comment in writing with respect to the request. The form shall be submitted to the Human Resources Department no later than January 31st.

29.4 Screening Committee

29.4.1. All requests shall be screened in February by a committee comprised of two (2) CSEA members and two (2) District representatives. The Screening Committee shall be appointed, respectively, by the CSEA Chapter President and the Superintendent (or Superintendent’s designee).

29.4.2. The Screening Committee shall notify the employees who requested reclassification or upgrade of the results within fifteen (15) days of completion of the committee’s work.

29.4.3. If a majority of the members of the Screening Committee determine that a request meets the criteria for reclassification or upgrade, the application shall be reviewed by the Review Panel.

29.5 Review Panel

29.5.1 All requests which meet the criteria shall be reviewed by a panel comprised of two (2) CSEA appointees, two (2) District appointees, and one (1) neutral chosen by both parties.

29.5.2 The Review Panel shall meet at least once a year in March or April, provided there are applications to be reviewed that year.

29.5.3 The employee(s) requesting the reclassification or upgrade shall present their facts to the Review Panel with any substantiating evidence. If the employee(s) cannot be present due to extenuating circumstances, the presentation shall consist only of a written packet to the Review Panel.

29.5.4 The panel may ask the supervisor or applicant for additional information, either orally or in writing.

29.5.5 When considering reclassification or upgrade, the Review Panel shall maintain the internal consistency/integrity of the salary schedule and shall have the authority to recommend the following:

a. Range placement

b. Changes to the job description

c. Title changes

d. Creation of a new classification and/or range

29.5.6 The review Panel shall work independently, and all information shall be kept confidential.

29.5.7 The review Panel shall by majority vote, make its recommendations to the Superintendent or designee no later than April 30. The Superintendent or designee shall, within ten (10) working days, notify each employee of their final decision. The decision shall be binding and not subject to the grievance procedure.

29.6 New Classification: New classifications shall be assigned to the salary schedule pending negotiations on the appropriate placement of the new classification. Such negotiations shall be completed within sixty (60) working days of establishing the new classification.

Upon reclassification upward or upgrade of a position or class of positions, the position(s) shall be assigned a lane at least one lane higher than the former lane. The incumbent(s) in the position(s) shall be reclassified or upgraded with the position(s) and shall retain their step placement.

The effective date of an approved reclassification/upgrade shall be July 1 of the calendar year of submission.

With mutual consent of both parties, a change in title only may take place without a lane change. Positions with special circumstances may be brought to the negotiations table by either party, if the need arises.

Article 30 - School Closures

In the event any District facility is ordered to close (by an outside agency or as determined by the District), or any District operations are curtailed due to natural disaster, pandemic, or other catastrophic event, CSEA bargaining unit employees will not suffer any loss of pay or benefits relative to their regular schedules for the period of closure or curtailment. Thus, for example, the District will continue to pay bargaining unit employees even if they are unable to work due to a reduction in use of District facilities.

Any employee scheduled to work that day will not have vacation, sick leave, or any other accrued leave deducted. Any employee currently on leave or vacation shall remain on that approved status even if members are sent home. Employees may be assigned remote work to perform from home for the duration of the facility closures.

Article 31 - Entirety of Agreement

The parties acknowledge that during the negotiations which resulted in this agreement each has had the unlimited right to make demands and proposals with respect to any subject or matter not removed by law from the area of collective negotiations. They, therefore, voluntarily and without qualifications waive the right for the life of the agreement to negotiate collectively with respect to any subject or matter not specifically referred to and/or covered by this agreement except that, if the scope of negotiations under the law is broadened, negotiations may be reopened.

This agreement shall constitute the full and complete commitment between both parties and shall supersede and cancel all previous agreements, both written and oral. This agreement may be altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of the parties in a written and signed amendment to the agreement.

All prior memoranda of understanding shall remain in full force and effect.