CSEA - Support - Operations Contract - July 1, 2023 - June 30, 2026

Page 1


UnionNegotiatingTeam

DistrictNegotiatingTeam

GeneBaker,Chair AngieAvlonitis

LisaBryant ChristineHarrison

KathleenDodge

MarisaRamirez

ElizabethRiveraCruz

ErinEdgar

PaulSpeed KenWhittemore

AllisonSmith LaneiaGrindle

PatrickSpringer

SandiFallon

ShawanaGrace,LRR

UnionExecutiveBoard

GoverningBoardMembers

SandiFallon 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 and its 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; 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 his/her:

1. Political opinions

2. Political affiliations

3. Race

4. National origin

5. Religion

6. Marital status

7. Age

8. Sex

9. Physical handicap

10. Membership in the Union

11. Lawful Union activities

12. Ancestry

13. Sexual Orientation

2.2 Harassment Prohibited

Harassment in all forms is prohibited. Harassment includes behavior that creates an intimidating, hostile, or offensive work environment for an employee.

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.

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.

3.3 Withdrawal

Requests to withdraw from CSEA shall be referred to the Labor Relations Representative. The District shall not discontinue dues deductions until CSEA has notified the District to do so.

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.

3.5 Membership Information

3.5.1. The District shall take all reasonable steps to safeguard the privacy of CSEA members’ personal information, including but not limited to members’ Social Security Numbers, personal addresses, personal phone numbers, personal cellular phone numbers, and status of a union member.

3.5.2. The District shall only post on the public portion of its website work email addresses for employees whom the public needs to contact. The District shall make the determination of which employees the public needs to contact.

Article 4 - Probation, Evaluation, Conflict Resolution and Personnel Files

4.1 Probationary Employees

4.1.1. Probationary Employees New to the District

4.1.1.1 The probationary period for a new employee is 130 days of paid service from the date of hire. New employees who do

4.1.1.2

4.1.1.3

not pass probation will be considered for employment as a substitute.

During the first four (4) months of work not counting months not on duty, bargaining unit members and his/her supervisor shall meet at least three 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.

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).

4.1.1.4

Probationary employees may apply at any time during their probationary period for promotions for which they are qualified. A member on probation who applies for and is selected for another position will not have the guaranteed right to return to their previous position if they fail to pass probation in their new position; however, the District may offer to return the member to a position in their previous classification if such a vacancy exists. An employee who returns to a prior classification and position in which they had not yet completed probation shall resume their probationary period where they left off. Management shall advise the member of the risk of changing positions while on probation.

4.1.2 Promoted Probationary Employees

4.1.1.5

4.1.3

4.1.1.6

The probationary period of a promoted probationary employee is 130 days of paid service from the date of promotion. During the first four (4) months of work not counting months not on duty, the bargaining unit member and his/her supervisor shall meet at least once to discuss expectations of the position and to assess the employee.

Promoted probationary employees who are not recommended for permanent status in the new classification shall have the right to return to their prior classification. Promoted probationary employees may be returned to their prior classification without resort to the grievance procedure except as provided for in Article 16.1.2 (Discipline).

Notification of Probationary Period

4.1.3.1

Every employee, whether new to the District or new to a classification, shall be notified of the date on which they become a permanent employee. If permanent status is delayed because of employee absence (i.e. employee has not worked at least 50% of work days in a month), then the District shall notify that employee of the revised probationary end date.

4.2 Evaluation Procedure

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, his/her 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 within thirty (30) work days of his/her anniversary date in their current classification or their original date of hire.

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 negative rating on an evaluation, it shall be brought to the attention of the employee within ten (10) workdays of its occurrence.

4.2.4 Except in instances deemed serious by the supervisor, problems will be discussed with employees on their first occurrence before making a notation of the deficiency

4.2.5 No incident will be put on an Evaluation Report without the employee being given a written notice of deficiency, unless the incident occurs within twenty (20) workdays preceding an Evaluation Report.

4.2.6 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 requirements of the position.

4.2.7 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.

4.2.8 If the employee believes that the evaluation contains factual errors, he/she 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.

4.2.9 All evaluations shall be on the District's form attached hereto as Appendix E.

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

4.2.11 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.

4.2.12 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.

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

4.3.4.2 Upon notification, the Chief Union Steward or designee shall schedule a meeting within five (5) working days to meet with the employee and his/her supervisor The employee and his/her 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 his/her 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, his/her supervisor and the Chief Union 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 his/her 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.

Article 5 - Organizational Rights

5.1 Union 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 he/she hold a position that normally uses a substitute and if a substitute is actually hired for that position.

5.1.5 The president or his/her designee 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 he/she 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) 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 he/she 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.

5.1.8 The District will produce seventy-five (75) hard copies of the successor contract upon CSEA ratification and Board approval. Any additional copies requested by CSEA will be produced at shared cost between the Parties.

A digital copy of the contract will be available online upon completion and will be updated online upon each contractual update.

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.

5.1.10The 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.

5.1.12The 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.

5.1.13Chapter President and/or designee shall attend new employee orientation.

5.1.14The Union Chapter Officers shall be provided up to one and one-half (1 ½) hours of release time for conducting elections each year.

Article 6 - Union Stewards

6.1 Union Representatives

6.1.1 The Union may designate Union stewards for the purpose of processing grievances and one (1) hour quarterly for scheduled CSEA contract education meetings. The Union shall immediately notify the District in writing of those members of the Union designated as Union Stewards and any subsequent changes.

6.1.2 Each Union Steward shall be released upon request for processing grievances. The Union Steward shall notify his/her 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 himself/herself 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 his/her 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

7.4.1 The work week 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.

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

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

7.4.4 Work Week 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 work weeks may be established when needed by the District’s work requirements subject to prior negotiated agreement with the Union except that variances in positions currently being implemented (March 20, 1987) may continue.

7.2 Work Day

7.2.1 The length of the work day 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 be subsequently reduced except as provided for in Article 17 - Layoff and Reemployment.

7.2.2 The regular work day 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 his/her regular part-time assignment for a period of twenty (20) consecutive working days or more shall have his/her regular assignment adjusted upward to reflect the longer hours, effective with the next pay period for purposes of calculating fringe 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) minutes 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 work day 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.

7.6.5 No transportation employee shall schedule the rest period(s) provided in this section during a run or at a time which conflicts with or delays his/her run or any other run.

7.6.6 Employees shall be permitted to take his/her rest periods at a location of their choice.

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 work day, and may be extended with the prior approval of the immediate supervisor. The exception to this section is the Food Service employees who may take their lunch period any time during their shift with the approval of their 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 work week 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 begin 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 (1 1/2) 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 compensation time on December 30 of each year

Denial of comp time will be given within forty-eight (48) hours of the request. No response will be deemed approved.

7.8.6 Overtime-Equal Distribution: Overtime shall be offered on a rotating basis among employees equally within classes at each work site who volunteer to accept overtime. Upon request, monthly records of the rotation may be provided to the Union.

7.8.7 The District shall maintain a list/roster of volunteers for all classes, which shall be updated once every six (6) months. Any unit member shall have the right to refuse to work overtime or be called back unless there are no volunteers.

Any permanent employee in the class who elects to be added to the list/roster after the six (6) month update will need to skip one (1) full rotation before being eligible to be considered for overtime.

When there are no volunteers, the District may require that overtime be worked and it shall be assigned on a rotating basis among all employees at a work site.

7.9 Split-Shift Pay

An employee whose work shift is divided with one and one-half (1 1/2) 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 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 at their workstation 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 his/her shift changed to substitute for an absent employee shall receive pay at the rate of time and one-half (1 1/2) of their regular salary for the number of hours worked over 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 September-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 employees 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:

8.1

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 his/her supervisor

7.15.2 Temporary changes of up to one hour may be imposed on the employee on no more than two days a month provided one week’s written notice is given.

7.15.3 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.

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

Article 8 - Pay and Allowances

Regular Rate of Pay

For the 2024-2025 school year, the parties agree to a one percent (1%) salary increase to the Support Salary Schedule effective July 1, 2024.

For the 2025-2026 school year, the parties agree to a one and one-half (1.5) percent salary increase to the Support Salary Schedule effective July 1, 2025.

● 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.

● If the COLA for the 2024-2025 or 2025-2026 school year comes in at three (3) percent or higher in the final approved California State Budget, the parties will return to the table to bargain.

● A one-time $500.00 bonus for a one (1.0 FTE) full-time equivalent which will be professional to the percentage the employee works will be paid out prior to June 30, 2024. For example, a .50 employee will be paid $250.00. The members who will receive this bonus have to be on the employee rolls May 15, 2024.

8.2 Step Increases

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

Beginning July 1, 2024, CSEA proposes adding STEP 27 to the CSEA Support Salary Schedule. Adding Step 27 honors the long-term service of our classified staff. Step 27 will be three (3) percent above the current Step 24.

8.3 Part-Time/Hourly Employees

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

8.4 Paychecks

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

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

8.4.3 Regular employees covered by this agreement employed by the Board for fewer than twelve (12) months will have their earned salary paid in twelve (12) equal monthly installments.

8.5 Payroll Errors

An error by the Payroll Department 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). Employee failure to report hours worked shall not constitute a payroll error

In the event an employee receives an overpayment of wages, a repayment plan shall be developed by the employee and the District. The employee shall be entitled to union representation at a meeting where a repayment plan will be discussed and/or developed. The unit member shall be informed of this right.

8.6

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, shall be reported by the District 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.

8.7 Pay Adjustment

Any payroll adjustment resulting from temporary work out of class, recomputation 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.

8.8 Temporary Promotion (Substitution)

A bargaining unit employee who substitutes for an employee in a higher classification shall be paid on the range of the employee whose duties he/she assume at the lowest step which would give him/her an increase in salary In no event shall an employee promoted under this section be given less than a 5% increase.

8.9 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. (Notate MOU on Out-of-Class pay for CN II - as an appendix)

8.10 Promotions

An employee who is promoted to a higher classification shall be placed on the same step of the new salary range. He/She shall receive this higher salary on the first day he/she assumes the new duties. He/She shall receive his/her future increments on his/her original anniversary date.

8.11

Reimbursements

8.11.1 Mileage: Any employee in the bargaining unit required to use their vehicle on District business shall be reimbursed at the Internal Revenue Service (IRS) rate for all miles driven on behalf of the District.

8.11.2 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 BP/AR 3350 - Travel Expenses which is attached as Appendix D). Reimbursements for meals without an overnight stay will be paid through the next available payroll and taxed in accordance with Internal Revenue Service (IRS) guidelines.

8.11.3 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.

8.12 Educational Degree

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

receive only one (1) 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 transcripts must be submitted to the Human Resources Department in order to receive the stipend. Associates

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 services of the District. At the employee’s option, employees who are required to wear uniforms shall have them cleaned and maintained by the District.

9.2 Tools: The District shall provide the specialized hand tools and power tools. If an employee is required to use his/her own tools, reimbursement shall be made in accordance with Section 9.3.

9.3 Reimbursement for Damaged or Stolen Property: In order to be eligible for reimbursement, written approval for the use of personal 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 his/her work. Reimbursements shall be made in accordance with district policy.

9.4 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.

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

9.6 Hold Harmless Clause: The District shall hold harmless from and protect classified employees as required by Education Code Section 35203.

9.7 Reimbursement for Use of Tools: The Director of Transportation will arrange with mechanics who own tools not required for the job to rent such tools from said mechanics when they would otherwise be rented from another vendor, but each use of each tool must be approved in advance. Compensation shall be on a vendor warrant and will not be included on the mechanic's regular payroll check.

9.8 Required certifications for unit members, including new requirements and regular re-certifications, shall be attained during paid work hours and considered in-service training.

Article 10 - Health and Welfare Benefits

10.1 Eligibility

Effective January 1, 2025, the cap on health care benefits will be adjusted to the equivalent of the Single Kaiser amount per month per employee or $1,122.00 for health benefits based on whichever amount is less. 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.

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, 2026, the cap on health care benefits will be adjusted to the equivalent of the Single Kaiser amount per month per employee or $1,234.00 for health benefits based on whichever amount is less. 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 Employees working less than forty (40) hours a week will receive medical and dental benefits on a prorated basis.

Employees who, as of February 9, 1995, worked twenty (20) hours per week or more, shall continue to receive medical and dental benefits as if they were full-time as long as these employees continue to work twenty (20) hours per week. The employees who qualify under this provision are listed in Appendix C. These employees shall be treated as full-time employees for all benefits

described in this article. If an employee in Appendix C ceases to work twenty (20) hours or more per week, their benefits will be prorated.

Employees currently working less than twenty (20) hours per week who have their hours increased to twenty (20) hours or more will receive medical and dental and vision benefits on a prorated basis.

10.1.3 Cash Payment in Lieu of Benefits: A full-time forty (40) hour per week, eight (8) hour per day employee, who provides the District with proof of other health insurance coverage and does not enroll in a District medical plan, may elect to receive a taxable cash benefit of $233 per month.

A unit member employed at twenty (20) hours or more per week but not full time, who provides the District with proof of other health insurance coverage and does not enroll in a District medical plan, may elect to receive a taxable cash benefit of $75 per month.

Employees hired on or after January 1, 2004, shall not be eligible for any cash in lieu of benefits identified in this section.

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 for five (5) years (60 months) from the date of retirement. These benefits will be available pro rata to part-time employees who retire, except for those employees listed on Appendix C, who are considered full-time employees. 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 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 his/her 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. Orthodontic coverage to include dependent children at fifty percent (50%) with a maximum coverage of five hundred dollars ($500).

10.4 Vision Service Plan

The District shall provide a vision insurance plan for employees and any dependents taking District medical insurance.

10.5 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.

10.6 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.

10.7 State Disability Insurance

All Support Unit members shall be enrolled in SDI and shall have the full cost of SDI deducted from their monthly pay warrant, except for Transportation Department employees, who will continue to have 53% of the cost of their SDI covered by the District.

An employee who files a disability claim may request to use sick leave, vacation, and other paid leaves in order to remain in paid status during the seven (7) day waiting period.

After the waiting period, and once the claim is awarded, the employee may request on a Leave Request Form to use sick leave, vacation, and other paid leaves in order to supplement their income through disability payments. Employees who exhaust his/her regular sick leave may use their 100 days of extended sick leave for this supplemental purpose.

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 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

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 work day not a holiday shall be deemed to be that holiday. When a holiday falls on Sunday, the following work day not a holiday shall be deemed to be that holiday.

11.3 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 absence on the holiday.

11.4 Employees working less than a full day shall have their holiday pay based upon their regular work day

11.5 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 work day for all classified employees who are a part of the bargaining unit.

Article 12 - Vacation

12.1 Eligibility

Employees may take vacation when earned.

12.2 Accumulation

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

12.2.3 Employees who work less than twelve (12) months a year shall have the option of taking vacation during their work year or being paid over the course of the year This option shall be exercised during the fourteen (14) days prior to the commencement of their work year

12.2.4 The rate at which vacation is paid shall be at the employee’s current rate.

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 Paid Vacation: 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 months of employment, but each employee may schedule two days of vacation without the approval of his/her supervisor provided that: (a) the two days are not taken consecutively, (b) the days are not used for concerted organizational activities, and (c) that the employee inform the supervisor at least 24 hours in advance, when possible, so a substitute can be

obtained if necessary (13.1.5) If such notification is not possible, the provisions of the half-hour notice shall apply (31.1.4)

12.4 Vacation Carry-Over

12.4.1

A. Employees may carry over twenty-five (25) vacation days through June 30 of each year Employees may carry over more than twenty-five (25) days of vacation if they request and are denied the opportunity to take vacation during the year that would have avoided the excess carry over Notification of vacation denials will be in writing.

B. Employees for whom this vacation carry-over limit would cause, create or result in a hardship shall be exempt from these provisions upon a satisfactory showing of unusual, unexpected emergency or unpredictable circumstances. In those cases, a determination will be made by the Senior Director of Human Resources or designee regarding the amount of vacation the employee may carry over from year to year and the number of years they may continue to carry over excess vacation. Determination of the amount of the vacation carry-over causing a hardship may be subject to the grievance procedure.

12.4.2 If the employee is not permitted to take his/her full annual vacation, the amount not taken shall accumulate for use in the next year or be paid for in cash at the option of the District. However, it is the responsibility of the supervisor to maintain control over the amount of vacation accumulated by employees in their departments. Supervisors and employees will make every effort to use all their vacation each year. Vacation balances over 25 days as of June 30 each year will be paid out to the employee before 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, except those employees who have not completed six (6) months service shall not receive any compensation for vacation. The compensation may be taken as paid time or as a lump sum. The rate of pay for such compensation shall be at the rate prevailing at the time of termination.

12.6 Holidays During Vacation

When a holiday as defined in this agreement occurs during the scheduled vacation of a bargaining unit employee, the holiday shall not be charged against the employee’s vacation.

12.7 Interruption of Vacation

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

12.7.1 If the illness or bereavement is such that had the employee been working he/she would have been absent on sick or bereavement leave.

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

12.7.3 The District may require proof of illness or bereavement as in accordance with Article 13.1.8 - Leaves.

12.7.4 If approved, the employee’s vacation is to be converted to illness or bereavement leave and the appropriate vacation credit shall be restored to his/her earned vacation balance. If possible, he/she shall be granted an opportunity to consume this vacation credit.

12.8 Accrued Vacation & Cash

Employees may receive payout for accrued vacation time as follows:

12.8.1 This option is only for permanent employees. For any part-time or less than twelve-month employees, only those who have taken the option to take and accrue vacation, as per section 12.2.3, may exercise this option.

12.8.2 Employees will have one mandatory payout of vacation accrual that exceeds thirty (30) days at the end of the fiscal year (June 30). Shall be paid on July 31st.

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

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

12.8.5 Employees who promote may carry forward up to eighty (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, injury, medical, dental or vision appointment.

Amount of Sick Leave:

13.1.1 A regular employee (probationary and permanent) shall earn paid sick leave at the rate of 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 work day 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 he/she would normally earn in the ensuing fiscal year An employee’s sick leave credit will 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 Pay for any day of sick leave shall be the same pay the employee would have received if he/she had worked that day

13.1.4 In order to be eligible for payment during absence for illness or injury, members of the bargaining unit must notify the designated person in his/her department of his/her intent to be absent, and must also report his/her absence to the District’s electronic absence tracking system, no later than one-half (1/2) hour before the start of the work shift during which the absence will occur Notice shall include the anticipated duration of the disability making the absence necessary

Swing shift custodial shall notify the designated person in his/her department of his/her intent to be absent, and must also report his/her absence to the District’s electronic absence tracking system, no later than two (2) hours prior to the start of the work shift.

Transportation Department employees will be required to notify the designated person in his/her department of his/her intent to be absent, and must also report his/her absence to the District’s electronic absence

tracking system, no later than one (1) hour prior to the start of the work shift during which the absence will occur Supervisors may waive notification in cases of emergency.

13.1.5 At least one day prior to his/her expected return to work, the employee shall notify his/her supervisor in order that any substitute employee may be terminated. Upon such notification, the District will make reasonable efforts to cancel or reassign the substitute employee previously called to complete the shift. If the employee fails to notify their supervisor and both employee and the substitute report, the substitute is entitled to the assignment, and the employee shall be charged with a day of sick leave.

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

13.1.7 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.

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

13.1.9 Members of the bargaining unit may use earned vacation after he/she has exhausted accumulated sick leave.

13.1.10 Members of the bargaining unit may apply to the Assistant Superintendent/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/Human Resources on such applications shall be final. For the purposes of this section, the definition of immediate family shall be 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

13.2 Entitlement to Other Sick Leave

A regular classified employee shall once a year be credited with 100 working days of paid sick leave, including days to which he/she are entitled under section 13.1.1, above. Such days of paid sick leave in addition to those provided under section 13.1.1 shall be compensated at 50 percent (50%) of the employee's regular salary.

Entitlement to sick leave provisions under this section shall be used after 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 for absences related to 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 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 he/she has 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 he/she are able to resume the assigned duties and, if the leave has been for more than 20 working days, provided that he/she have notified the District of his/her return at least three working days in advance. An employee shall continue to receive seniority credit when on such paid leave.

13.3.3 If, at the conclusion of all sick leave and additional leave, paid or unpaid granted under this section, this employee is still unable to assume the duties of his/her position, he/she will be placed on a reemployment list for a period of 39 months in the same manner as if he/she 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 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 year of such termination of his/her former employment, shall have transferred with him/her to this District the total amount of earned leave of absence for illness or injury to which he/she 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 transfer may be made if agreed to by the Governing Board of the District.

13.5

Catastrophic Leave Bank

Classified employees covered under contract with the 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 illness 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 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 from 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 hours to fund a withdrawal request, the committee is under no obligation to provide hours 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 hours to fund the request, they will notify the participant, in writing, of the reason for denial.

m. Participants applying to withdraw 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.

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 Catastrophic Leave Bank.

b. The Committee will have the responsibility of receiving withdrawal requests, verifying the validity of requests, approving or denying the requests, and communicating 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 or 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 will notify the committee of the following:

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

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

3. The names of the participating unit members.

4. The total number of days available in the Bank.

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

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

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

3. The total number of days in the Bank.

4. 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.

13.6 Industrial Accident and Illness Leave

13.6.1 Members of the bargaining unit who sustain an injury or illness arising directly out of and in the course and scope of his/her employment shall be eligible for the equivalent to a maximum of sixty (60) working day paid leave, which is tracked in hourly increments, for the same incident. 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.

13.6.2 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.

13.6.3 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 award, results in a payment of not more than the employee's regular salary

13.6.4 An employee requesting industrial accident and illness leave benefits shall be required to comply with medical verification and reporting.

13.6.5 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.

13.6.6 When an employee has been released to return to work, but has follow-up medical or therapy appointments arising out of the industrial injury or accident, the employee is encouraged to schedule such appointments during non-work time. If that is not feasible, then any absences from work due to such appointments shall be charged to the employee’s available sick leave, if any. The employee will be charged only for the time he/she is absent from work. Prior to leaving for any appointment the employee must provide reasonable advance notice to his/her immediate supervisor and must notify the same supervisor if possible upon returning.

13.7 Bereavement Leave

13.7.1 A unit member shall be granted leave of absence for the death of any 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:

a. Death of an employee's spouse, registered domestic partner, child, mother, father, mother-in-law, father-in-law, step-daughter, step-son, or foster child.

b. Death of other immediate family members as outlined below.

Other immediate family shall include, but not be limited to, the following: step- mother, step-father, son-in-law, daughter-in-law, brother, brother-in-law, step-brother, sister, sister-in-law, step-sister, 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.

13.7.2 A member of the bargaining unit may request permission of his/her immediate supervisor to be absent without pay on account of the death of any relative not designated as immediate family

13.7.3 Members of the bargaining unit shall be required to contact his/her immediate supervisor or department offices a half (1/2) hour prior to the start of their regular work shifts to request bereavement leaves. A supervisor may waive notification in extreme emergencies.

13.7.4 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.

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

13.8 Jury Duty

13.8.1 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/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 a.m. will be considered to have started their work day, on a jury service day, at 8:00 a.m.

13.8.2 Leave of absence to serve as a witness in a court case shall be granted an employee when he/she has 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 that 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/Personnel or designee.

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

13.8.4 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 duty service, after serving for more than four hours of jury duty

13.9 Military Leave

Members of the bargaining unit shall be granted 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.

13.10 Personal Necessity Leave

In cases of personal necessity, an employee may use, at his/her election, his/her 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 purposes enumerated below:

13.10.1 Death of a member of his/her immediate family when additional leave is required beyond that provided beyond bereavement in this article.

13.10.2 Accident, involving his/her person or property, or the person or property of a member of his/her immediate family.

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

13.10.4 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 requires the attention of the employee during his/her assigned hours of service.

13.10.5 The birth of a child making it necessary for an employee who is the father of the child to be absent from his position during his assigned hours of service. The birth or adoption of a child making it necessary for him/her to be absent from his/her position during his/her assigned time.

13.10.6 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 his/her assigned hours of service.

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

13.10.8 Certified emergency workers that are called out to serve in the event of disaster or other calamity shall be granted the right to use personal necessity leave. Emergency workers must be pre-registered with Human Resources.

13.10.9 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/Personnel or designee and need not be written on the form requesting personal necessity. Personal business matters shall, at the request of the employee, be considered confidential at all administrative levels. Details beyond those necessary to establish the legitimacy of the reason for personal necessity need not be divulged.

13.10.10 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.

13.10.11 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 13.10.1, 13.10.2, 13.10.3, 13.10.6, and 13.10.10.

13.11 Pregnancy Disability Leave

13.11.1 Paid Leave: An employee who is pregnant may utilize sick leave during the period of time she is 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 her duties.

13.11.2 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, Pregnancy Disability Leave Act, and California Family Relief Act.

13.12 Unpaid Child-Rearing Leave

13.12.1 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.

13.12.2 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 his/her supervisor at least two (2) weeks before the end of the leave.

13.12.3 Eligible employees under this unpaid leave will receive benefits under Family Medical Leave, if it applies.

13.13 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.

13.13.1 An employee shall first use his or her 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.

13.13.2 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.

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

2. 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

13.14 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.

13.14.1 An employee is eligible if he/she has been employed by the District for at least twelve (12) months and has provided service at least 1250 hours over the previous twelve (12) months.

13.14.2 Family medical leave shall be available for the following purposes:

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 his/her job function.

13.14.3 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, but rather shall be available after the exhaustion of paid leave.

13.14.4 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.

13.14.5 An employee may be required to provide medical certification whenever a serious health condition of his/her 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.

13.14.6 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.

13.14.7 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 his or her 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 his or her expense participate in all other employee benefit plans offered by the employer during the leave.

13.15 Reproductive Loss Leave

An eligible employee shall be entitled up to five (5) days of unpaid leave for a reproductive loss event under California Reproductive Loss Leave (SB848).

13.15.1 Reproductive Loss definitions:

a. “Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.

b. “Failed surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy

c. “Miscarriage” means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.

d. “Reproductive loss event” means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.

e. “Stillbirth” means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.

f. “Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy

13.15.2 Reproductive Loss Leave is to be taken within three (3) months of the event.

13.15.3 Notwithstanding 13.17.2, if, prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave from work pursuant to Government Code 12945, 12945.2, or any other leave entitlement under state or federal law, the employee shall complete their reproductive loss leave within three (3) months of the end date of the other leave.

13.15.4 The employer shall allow the days an employee takes for reproductive loss leave to be nonconsecutive.

13.15.5 If an employee experiences more than one reproductive loss event within a 12-month period, the employer is not obligated to grant a total amount of reproductive loss leave time in excess of twenty (20) days within a 12-month period.

13.15.6 An employee may use other leave balances otherwise available to the employee, including accrued and available paid sick leave.

13.15.7 It is unlawful employment practice for an employer to retaliate against an individual, because of the individual’s exercise of the right to reproductive loss leave or the individual’s giving of information or testimony as to reproductive loss leave.

13.15.8 The employer will maintain employee confidentiality relating to reproductive loss leave.

13.16 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.

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.

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 days' notice to the person's immediate supervisor.

Members may donate no more than two (2) days of sick/vacation leave from one member to another should a member exhaust all leave time. Unit members may initiate this process through discussions with the Chapter #302 Executive Board. The Chapter #302 Executive Board will then contact Human Resources on behalf of the unit member requiring donations.

The Chapter #302 Executive Board will determine the need of the unit member and will coordinate this need with donations provided by other unit members. The donating members’ donations will be formalized in writing and provided to the Human Resources Department by the Chapter #302 Executive Board. The information provided will include: the donating unit member’s name, the last four (4) digits of the donating unit member’s social security number, the amount of hours to be donated and from which account it will be deducted (sick/vacation leave), the name of the unit member to whom the leave will be donated.

The transaction will remain confidential between the member donating the time, the member receiving the time, the Chapter #302 Executive Board member facilitating the process and the Human Resources Department.

Article 14 - Workload Committee

14.1 A workload committee comprising three Union appointees and three District appointees shall be formed to establish workload guidelines including, but not limited to: use of substitutes, custodial area, paraeducator/student ratio, food service worker/meals served ratio, driver/miles driven ratio. Once established, the guidelines may be implemented at the discretion of the District. This committee shall be implemented no later than three months after ratification; thereafter, the committee shall meet quarterly.

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 is defined as a change in work location, but not in job classification or salary schedule placement, which is initiated by the District and which may only occur under the provisions of Article 16Discipline and/or Article 17 - Layoff and Reemployment.

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 a change in job classification or increased salary as the result of accepting a different assignment.

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 his/her absence may do so by submitting his/her name and address and dates of his/her absence to the Personnel Office. The employee shall supply the Personnel Office 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 Personnel Office of any change of status. Any employee on leave shall have the right to have his/her job steward file for transfer on his/her 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. Unit member(s) must have passed probation to apply for a transfer Applicants must have satisfactory evaluations prior to the vacancy occurring. If an employee is making a change in job classification, the provisions of Article 15.3.2 Promotion shall apply In the event no evaluation has been completed, the unit member may request that the bargaining unit and District mutually agree to allow the unit member to apply for transfer

15 3 2 Promotion: The District shall first offer an opportunity for promotion to bargaining unit employees who have satisfactorily proven their abilities to perform the duties delineated in the job description through testing and/or verification. The three (3) most senior (based on initial date of hire) applicants who have had satisfactory evaluations prior to the vacancy shall be considered first. 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. In the event no evaluation has been completed, the unit member may request that the

bargaining unit and District mutually agree to allow the unit member to apply for promotion.

15.3.3 A permanent employee who is promoted to a position in a classification in which he/she has not previously completed a probationary period shall be considered probationary in that classification for a period of 130 days of paid service. At any time during the probationary period, he/she may be returned to his/her former classification without right of appeal in accordance with Article 4.1.2.2 - Probationary Employees.

15.4 Selection Panels for Transfer and Promotion

15 4 1 CSEA will provide the Human Resources Department with a list of not less than twenty-five (25) union members who have the union’s approval to serve on transfer and promotion panels when the panels are convened to select qualified candidates to fill vacant classified unit positions in the support unit. The CSEA President and the Senior Director of Human Resources will confer to keep the list up-to-date.

15 4 2 The list submitted by the Union shall include main occupational groups; i.e., paraeducator, food service, security, custodian, transportation and maintenance.

15 4 3 Each selection panel shall have at least one person invited to participate on the selection panel from the list above. Two attempts will be made to contact the selected union member. The union member selected from the list must be familiar with the duties and performance requirements of the position to be filled. Where possible, the person selected to serve on a particular panel should have worked in the classified or similar classification of the position being filled. If contact is attempted twice and the CSEA President is notified, a panel may proceed with no CSEA designee.

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 or any corrective steps and includes, but is not limited to: reprimand, dismissal, demotion, suspension, reduction in hours or class or transfer or reassignment, except a layoff for lack of work or lack of funds.

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

Verbal warning

Written reprimand

Discipline less than dismissal

Dismissal

The District shall have the right to skip any step of progressive discipline in the 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), 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, bullying 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 him/her

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, he/she shall, within ten (10) working days of the reprimand, submit in writing the reasons for appeal to the Assistant Superintendent/Human Resources or designee. The written response shall be placed in the file. The Assistant Superintendent/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 his/her 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 his/her address of record.

16.2.2 The employee shall have a right to discuss the charge with the Superintendent or his/her 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 personally acknowledged delivery

16.2.5 Where the District determines that it may skip a step in the progressive disciplinary process, as set forth in Article 16.1.4, the Superintendent or his/her 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 (5) years. If the parties mutually 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. Probationary employees shall also be assigned a seniority date based on his/her first date of hire as a regular employee.

17.4.2 The employee in the classification to be laid off with the least seniority in that 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 Promotions have been exhausted with current unit members.

17.5.2 Employees who have been laid off shall be retained on a reemployment list for 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 the 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, he/she 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 his/her present classification may bump into a lateral position for which he/she has seniority or the next lowest classification in which the employee has greater seniority, considering his/her 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 his/her option, returned to a position in the former classification when a vacancy becomes available, and with no time limit except that such employees shall be ranked in accordance with his/her 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 his/her present position rather than be reassigned shall retain eligibility for reemployment for a total of 63 months provided he/she meets 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 District shall provide as much advance notice as is reasonably possible to employees who are to be impacted by this section. However, the parties recognize that, in certain circumstances (for example, relocation of a program or service from one school site to another), advance notice may not be possible.

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

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

17.11.4 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.

17.11.5 The Assistant Superintendent of Human Resources or designee 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.

17.11.6 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 are:

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 expressed 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 limits contained within the grievance procedure; time limitation may be shortened or extended by written stipulation of both parties.

18.4 Service: Submissions, decisions and appeals shall be served by personal service, email, or by certified mail. If served by mail, the response must be postmarked no later than the deadline date. Both parties shall confirm when a submission, decision, or appeal has been received via email.

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 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) work days 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 exclusive 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) work days after the filing of the formal grievance, the immediate supervisor shall investigate the grievance and give his/her 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 II (Department Level Administrator)

18.8.1 In the event the grievant is not satisfied with the decision at Level I, the grievant may appeal the decision to the Department Level Administrator within ten (10) days.

18.8.2 This statement should include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal.

18.8.3 The Department Level Administrator or designee shall conduct an investigation into the allegations and shall communicate his/her decision in writing to the employee and to the Union within ten (10) days after receiving the grievance.

18.8.4 Either the grievant or the Department Level Administrator may request a personal conference within the above time limits and such a request shall be honored.

18.9 Formal Grievance - Level III (Assistant Superintendent/Personnel)

18.9.1 In the event the grievant is not satisfied with the decision at Level II, the grievant may appeal the decision to the Assistant Superintendent /Personnel or designee within ten (10) days.

18.9.2 This statement should include a copy of the original grievance, the decisions rendered at Level I and II, and a clear, concise statement of the reasons for the appeal.

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

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

18.10 Formal Grievance - Level IV (Arbitration)

18.10.1 If the grievant is not satisfied with the decision rendered at Level III, the Union may within ten (10) work days from the receipt of the decision submit a request in writing to the Superintendent for arbitration of the dispute.

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 his/her selection. He/She shall establish his/her own procedures. He/She 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 he/she concludes that he/she has 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 his/her 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.

18.11 The arbitrator shall be subject to the following limitations:

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

18.11.2 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-ofclass/temporary promotion pay.

18.11.3 The arbitrator shall have no power to recommend or evaluate issues involving the content of evaluation except as provided for in Article 4.2.9 (Factual Disputes over Evaluation). As a remedy to such a dispute, the arbitrator may extend probation but may not grant permanent status.

18.11.4 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.

18.11.5 The 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.

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

18.12.1 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.

18.12.2 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.

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

18.12.4 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 processing of such grievance shall be initiated at Level III.

18.12.5 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 Inservice Training Time

Unit members shall not incur a loss of pay or benefits as a result of inservice training.

Inservice training that does not meet the requirements of overtime shall be paid at the unit members’ regular rate of pay as extra hours.

19.2 Job Description Terminology

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

19.3 Custodian Duties: Custodians ordinarily shall not be required to clean or maintain the personal property of teachers or other District employees. However, reasonable exceptions to this general limitation may be developed by a site administrator, in consultation with the custodian. The custodian may include a union representative in such consultations.

Article 20 - Safety

20.1 Reports of Unsafe Conditions

Each employee shall report, in writing, any unsafe condition in his/her working environment to the immediate supervisor That supervisor shall, within ten (10) working days, respond in writing to his/her 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 shall be composed of at least two members appointed by the District, at least two members appointed by the Union, and representatives from other units. 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 may be exposed to.

20.3 Unsafe Work

All employees shall have the right, without recrimination, to refuse to perform work he/she reasonably considers to be unsafe.

20.4 Heat Stress

When the ambient temperature and humidity are of such levels as to bring on the onset of heat stress, employees should take adequate personal preventative measures to prevent the onset. Bus drivers would be expected to follow established emergency procedures.

20.5 Safety Boots

The District will reimburse bus mechanics for purchase or repair of steel-toed safety boots. In addition, the District Safety Committee currently provides for the purchase or repair of steel-toed safety boots for maintenance employees and warehouse employees. In the event this practice is discontinued, the District and the Association will meet to discuss alternatives. The District also currently provides rain gear for use by maintenance employees who are required to work in inclement weather. In the event this practice is discontinued, the District and the Association will meet to discuss alternatives.

20.6 Rain Gear

The District will make available light duty rain gear, in varying sizes appropriate for current site personnel, for intermittent use due to inclement weather for bus drivers, custodians, mechanics, and Technology Support Service computer technicians.

20.7 Wildfires

When the air quality metric PM2.5 is above 151 (according to AirNow.gov or PurpleAir.com), the District will monitor working conditions for safety and follow appropriate CalOSHA regulations.

N95 masks shall be readily available and offered to any bargaining unit members assigned to work on-site when the air is unsafe, whether indoors or outdoors.

Article 21 - Contracting and Bargaining Unit Work

21.1 During the life of this contract, no bargaining unit work that is routinely and/or customarily performed by unit workers shall be performed by any non-unit individual except under the provisions of this article. Capital outlay projects are not considered work routinely performed by unit members but may be assigned to unit members at the discretion of the Director of Maintenance and Operations. Each time such a project is to be put out for quotes, a copy of the solicitation shall be provided to the Union steward. After consultation with the steward at the maintenance yard, the Director of Maintenance and Operations may contract work normally performed by bargaining unit members. 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 provide written notice and a proposal to the other party of said desire and the nature of the amendments prior to the termination date set forth under the Duration Article. This shall cause the public notice provision of law to be fulfilled. The responding party will also put their response through the public notice provision of the law.

23.2 Commencement of Negotiations

Negotiations shall commence at a mutually acceptable time and place after satisfaction of the public notice requirement.

23.3

Release Time for Negotiations

CSEA shall have the right to designate seven (7) employees, who shall be given release time to participate in negotiations.

23.3.1 CSEA may have one (1) employee who participates in negotiations and whose regular shift begins at or after 2:00 p.m. shall not be required to report for work on the specific day of negotiations, after participating for more than four hours.

23.4

Ratification of Additions or Changes

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

Article 24 - Committees

24.1 The purpose of the Labor/Management Committee and Employer-Employee Relations Committee (EERC) shall be to facilitate and improve labor relations with the District by providing a forum for free discussion of mutual concerns and problems.

Within thirty (30) calendar days after the effective date of this agreement, a Labor/Management Committee and EERC, comprised of up to five (5)

representatives of the Union (President, Vice Presidents, Chief Union Steward or Secretary), and up to five (5) representatives of the District’s management, shall be formed. Total membership of these Committees shall not exceed ten (10).

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

24.2 The chairperson of the Committee shall be chosen from among the members of the Committee.

24.3 Members of the Committee shall notify the chairperson not less than 24 hours in advance of a meeting for placement of items on a meeting agenda. However, additional items may be raised at a meeting of the Committee, but the decision to discuss such items shall be voted upon by members of the Committee.

24.4 Minutes of the meeting will be taken and distributed to Committee members prior to the next scheduled meeting.

24.5 The meetings of the Committee shall not be a forum to modify and/or amend this agreement.

Article 25 - Pre-Eminence of Agreement

25.1 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.

25.2 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.

25.3 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 that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employees 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 include: Grounds, Maintenance, Child Nutrition Services, Custodial, Paraeducators, Transportation, Technology Support Services (TSS).

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.

26.1.5 Employee: Member of the bargaining unit.

26.1.6 Job Abandonment: Failure to report to work as scheduled or call in for three (3) 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, paraeducators).

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 - Professional Growth

27.1 Eligibility

27.1.1 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.

27.1.2 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.

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

27.2 Criteria for Awards

27.2.1 Professional growth credits may be earned through participation in any of the following categories of activity:

27.2.1.1 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.)

27.2.1.2 Adult School courses (15 hours is equal to one unit).

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

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

27.2.1.5 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).

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

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

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

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

27.2.2.4 Safety (first aid, CPR, etc.)

27.2.3 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.

27.3 Approval Procedure

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

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

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

27.3.4 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).

27.4 General Rules and Regulations

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

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

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

27.4.4 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.

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

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

27.4.7 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.

27.4.8 An employee may advance no more than three (3) plans or increments per fiscal year; however, the yearly increments are cumulative and will continue as long as the employee remains in the District.

27.5 Amount of Increments

27.5.1 Professional growth increments shall be paid according to the salary schedule hereto as Appendix B, and subsequent increases as described in Article 27.4.2.

27.5.2 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.

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

Article 28 - Entirety of Agreement

The parties acknowledge that during the negotiations which resulted in this agreement each has had the unlimited right to make 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 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.

Article 29 - Duration

29.1

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.

29.2 The parties agree to reopen the contract in January 2024 and January 2025 on salary and fringe benefits.

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

Article 30 - Transportation

The provisions in this article apply only to unit members in the job classifications of Bus Driver and Bus Driver Trainer.

30.1 Bus Routes

a. The Director of Transportation shall establish bus routes that meet the transportation needs of the District; he/she shall determine the number of hours normally required for each route. The District agrees that it shall make every effort to establish as many route assignments as close to eight (8) hours as possible.

b. Bus drivers will bid on the route assignments in order of his/her seniority as defined in Article 30.2.

c. The Director of Transportation may alter routes and assignments when the transportation needs of the District change; when possible, increases in transportation shall be addressed by increasing the hours assigned to current drivers, and as practical such increases shall be made available to the drivers on the basis of seniority as defined in Article 30.2.

d. Routes that are increased by one(1) hour or more from bid day shall be placed up for bid shall be placed up for bid by seniority immediately, regardless of incumbency internally

e. In accordance with Article 7.6.1, the rest periods for bus drivers shall be scheduled at the mutual consent of the employee and supervisor. Bus drivers shall not schedule any rest period(s) during a run, or at a time which conflicts with or delays his/her run, or any other run.

f. The District shall include all daily duties when establishing route time. However, the District need not list all daily duties on the route information.

Route duties shall include: Pre-check (thirty (30) minutes per bus per day); end of day Post-check (to include shut down, cleaning of bus, paperwork and turn in of keys - ten (10) minutes).

30.2 Seniority

By August 1 of each year, the Director of Transportation shall prepare a seniority list of school bus drivers.

Seniority will be based on the hire date as a permanent school bus driver. If two or more unit members have the same hire date in the permanent classification, then the tie breaker in seniority will be determined by the first date of behind the wheel training within this department. Should a tie still remain, seniority will be determined by lottery draw

This list shall be used for route bidding, Activity Trip assignments, and other instances where determining priority by seniority is required. Unit members hired

after the list has been prepared shall be added to the bottom of the list in accordance with the process above.

30.3 Route Bidding

a. Route bidding will occur no later than five (5) work days prior to the beginning of each school year. Routes shall be prepared for drivers review and made available no later than four (4) work days before the bid day. Drivers shall be given 10 minutes to bid on routes and/or ask any questions pertaining to routes.

b. The District will prepare anticipated routes as completely as possible, to include: street locations, times, bus stops and schools. If applicable, the Director of Transportation will include relevant and available special needs information for riders (wheelchair, aide/nurse, etc.). Routes will be developed as accurately as possible given all the available information. Vacant routes will be reassessed for accurate route time prior to being posted.

c. Routes will be developed to include AM, mid-day and PM runs.

d. Vacant or newly created routes shall go up for bid internally by seniority within one week of occurrence. Drivers must indicate their interest within the posted deadline (five (5) work days). Any subsequently vacated routes due to this process shall be bid on in the same manner. A driver who successfully bids on this vacant or newly created route shall have their assignment adjusted upon commencement of said route.

e. Any bus driver who voluntarily bids on a route that has total work time that is fewer hours than his or her position when routes with more hours are available, shall be given a sixty (60) day notice of layoff to officially record the reduction of hours for the employee’s position.

f. If a unit member’s assignment is temporarily reduced, the supervisor may assign additional duties to fill the hours in the unit member’s assignment.

g. The number of itinerant bus driver positions shall be determined before each bid day Drivers shall bid on these positions by seniority

h. Should a driver bid on a route with hours greater than the driver’s contracted hours, the driver’s contracted hours shall be adjusted to reflect the bid upon hours. The greater bid upon hours shall become the drivers and positions contracted hours immediately upon bid.

30.4 Route Review Committee

a. There shall be a Route Review Committee (RRC) established that is comprised of two (2) CSEA representatives (designated by CSEA), and two (2) District management representatives (designated by the District). The District shall present its current routes with information from the current electronic route system to the Route Review Committee eight (8) days prior to Bid-Day and work with the Director to suggest any needed adjustment to the route prior to the routes being bid upon.

b. The Route Review Committee shall have seven (7) working days from the receipt of the District’s routes to review the routes and make comments to the District. Within five (5) working days from receipt of the CSEA Route Review Committee’s comments, the District shall discuss with the Route Review Committee that it will: 1) incorporate the suggested changes as revisions in whole or part; 2) reject the suggested changes; or 3) propose alternative routes. Within ten (10) days from receipt of the District’s notice on the routes, CSEA can either 1) accept the District’s action, and/or 2) offer additional alternatives for the District to consider.

c. The Route Review Committee may also meet as necessary, on a mutually agreeable schedule, to review any complaints about the routes, underestimation of times, insufficient time allocation for non-driving duties, additions or reductions to established routes, failure to rebid on vacancies, and challenges to the award of bids to individuals.

30.5 Overtime

a. The supervisor may require a unit member to perform work or to be on duty for time not required by their assignment.

b. Unit members shall be paid for such work in accordance with their salary placement.

c. Unit members shall be paid in accordance with their salary placement and for extra work time required by breakdowns, accidents, student discipline problems, weather, and in every case of delay, the unit member shall notify the supervisor and shall take action as directed.

30.6 Filling Temporary Assignments of Mid-Day Route

When a mid-day route needs to be covered on a temporary basis, the following procedure shall be used in assigning a driver to that route:

A roster of all drivers willing to cover mid-day routes will be established at the beginning of the school year, listed in order of seniority Drivers will be selected from the roster on a rotating basis. Drivers who accept, then subsequently 79

refuse, the temporary assignment, shall be removed after the second occurrence. This procedure is predicated on management having sufficient time after notification of the requirement to contact the drivers according to the roster

30.7 Exceptions

a. Drivers who would enter overtime status as a result of driving a mid-day route will not be eligible for the temporary assignment unless no other unit members are available.

b. If an itinerant or substitute driver has been called to cover a route for the day, any mid-day route associated with that route will be driven by that itinerant driver.

c. Any consenting driver may be given a mid-day assignment as the result of a short notice requirement that does not allow time to follow these procedures.

d. Itinerant drivers will have duties and schedules assigned by seniority

e. If an itinerant driver bids on and accepts a vacant route, they are no longer considered itinerant.

30.8 Split-Shift Pay

Each bus driver shall receive a yearly stipend of $720 to account for “Split-Shift” time.

30.9 Activity Trip Roster

a. At the beginning of each school year, the Director of Transportation shall create/maintain a roster of drivers who desire extra work on Activity Trips, Saturday, Sunday, and holiday driving. The names of eligible drivers shall be placed on the roster in the order they appear on the seniority list prepared pursuant to Article 30.2. Any new driver may elect to be added to the roster after they have passed probation. Any permanent driver who elects to be added to the roster after school has started will need to skip one (1) full rotation before being eligible to bid on a trip.

b. Rosters shall be maintained following the provisions set forth in (a) above.

1. One roster shall be maintained for the purpose of weekday/evening trips. Drivers will be offered trips on a rotating basis. Drivers shall indicate on the Activity Trips roster using number sequence in order of choice. Drivers who do not indicate a choice shall be assumed to have declined any trips.

a. If a posting comes in too late to offer to drivers on the regular Activity Trips roster or a trip which was assigned to a driver who subsequently cannot work the trip for any reason, the trip shall be offered by seniority, on a rotating basis, to those who have placed their name on a “Will Call” roster The original Activity Trips list shall not be affected as defined in 30.9 (d).

2. One roster shall be maintained for the purpose of weekend/holiday trips. Drivers will be offered trips on a rotating basis. Drivers shall indicate on the Activity Trips roster using number sequence in order of choice. Drivers who do not indicate a choice shall be assumed to have declined any trips.

a. If a posting comes in too late to offer to drivers on the regular Activity Trips roster or a trip which was assigned to a driver who subsequently cannot work the trip for any reason, the trip shall be offered by seniority, on a rotating basis, to those who have placed their name on a “Will Call” roster. The original Activity Trips list shall not be affected as defined in 30.9 (d).

c. Activity Trips shall be posted each week; the Director of Transportation may establish special criteria for individual trips (snow experience/mountain driving, etc.). The rotation through the roster shall be in seniority order.

A driver may reject an offered assignment without losing his/her position on the roster. A driver who is absent on the last regular work day before an Activity Trip (excluding mid-day, union/district business, and jury duty), for any reason, may not perform the assignment and the assignment will be filled from the “Will Call” roster.

A driver who, by virtue of his/her regular route assignment, cannot meet the timelines of the Activity Trips, except as outlined above, may not perform the assignment and the assignment will be filled from the “Will Call” roster

Drivers may have the flexibility to bid on a trip and switch buses with another driver, who is in agreement with the switch, as long as the trip and the trip times are accommodated.

Drivers may also have their mid-day covered by another driver, so that a driver may take the Activity Trip.

d. Activity Trips opportunities shall be posted by 12:00 p.m. on Monday of the week prior to trip date and shall be taken down at the end of the office work day the following Tuesday after Drivers shall indicate their preferences for trips on the field trip roster If an Activity Trip comes in after 12:00 p.m. on Monday, the trip shall be added to the field trip roster If a trip comes in after 5:00 p.m. the following Wednesday, then the trip shall be offered according to the “Will Call” roster Drivers who do not indicate a choice on the field trip roster shall be assumed to have declined any trips.

e. Trip sheets for Activity Trips shall be placed in drivers' boxes no later than 1:00 p.m. on Thursday If special circumstances make it impossible to meet this deadline, the supervisor shall place the sheets in the boxes as soon as possible and shall attempt to contact the drivers involved.

f. A driver who accepts an assignment and does not report for duty shall be removed from the roster for two (2) full rotations. A driver who misses an assignment because of illness, bereavement, another District assignment, or another reason compelling his/her attention shall miss that rotation but shall be left on the roster.

g. If an Activity Trips is canceled after a driver has accepted it, the driver shall be given the first choice on the next week’s Activity Trip roster unless he/she has been paid for the assignment pursuant to Article 30.11. If more than one Activity Trips is canceled, the choice on the next week’s Activity Trip roster will be selected in seniority order.

h. If all drivers on the roster are assigned trips at the same time, the transportation supervisor may assign trips to qualified drivers; for the purpose of this clause, qualified means successful completion of probation.

30.10 Reimbursement of Expenses

Cash advances are permissible upon request for meal and trip expenses one day prior to trip. Employees must sign a Payroll Deduction Authorization form allowing the District to deduct any unreconciled cash advance amounts from the employee’s payroll check within one month of the activity date. All employees must submit pertinent reimbursement forms to account for cash advances, and for any other “out-of-pocket” expenses related to the trip. The District will reimburse the driver upon presentation of receipts for such out-of-pocket expenses pursuant to District’s travel and reimbursement policies.

30.11 Trip Cancellation Pay

Should a driver report to work on a non-work day and find that an assigned trip has been canceled, the driver will receive two (2) hours pay at the appropriate

pay scale. If, on a non-work day, a driver checks out a bus and drives to a pick-up point and finds that the trip has been canceled, the driver will receive three (3) hours pay If a driver is notified of a trip cancellation prior to reporting to work on a non-work day, although the driver will receive no pay, he/she shall be given first choice of next trip per Article 30.9 (g).

30.12 Extended School Year Employment

Assignments for extended school year employment shall be posted as soon as possible, but no later than five (5) work days prior to the scheduled work or prior to the end of the student school year Unit members requesting extended school year work shall bid on route assignments on the basis of: (1) seniority as defined herein; (2) ability to operate required equipment; and (3) availability for the duration of the assignment.

30.13 Compensation for Training Time

Unit members who attend training classes to satisfy requirements for renewal of school bus driver certificates shall be paid for the training time. Whenever management directs a unit member to train or to practice on a District vehicle, the unit member shall be paid for the training time. Whenever a unit member requests to train or practice on a District vehicle, the unit member shall not be entitled to compensation for training time.

The District and/or a qualified trainer will supervise training for unit members as needed to renew school bus driver certificates and designate times and equipment to be used by unit members involved in such training.

30.14 Mandatory Meetings

Mandatory meetings and in-services shall be posted at the beginning of the student school year.

When meetings are canceled with less than two (2) hours’ notice, drivers shall be compensated for one (1) hour of time.

30.15

Make-Up Time

Drivers may be assigned make-up time to fulfill their work shift.

Make-up time can be assigned due to: absent students, minimum days, non-student days.

Assigned tasks during make-up time can be, but not limited to: cleaning buses, submission of required documents, in-service, dry runs, and other related duties.

Article 31 - Reclassification/Upgrade

31.1 Definitions for the Purposes of This Article

31.1.1 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.

31.1.2 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 a change of market value.

31.2 Placement in Class

Every position shall be placed in a class.

31.3 Request for Reclassification/Upgrade

Every odd year, support unit employees are entitled to request that his/her 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 1. 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 31.

31.4 Screening Committee

31.4.1 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).

31.4.2 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.

31.4.3 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.

31.5 Review Panel

31.5.1 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.

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

31.5.3 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.

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

31.5.5 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

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

f. 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) 85

working days, notify each employee of their final decision. The decision shall be binding and not subject to the grievance procedure.

31.6 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.

31.7 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.

31.8 The effective date of an approved reclassification/upgrade shall be no earlier than february 1 and not later than July 1 of the calendar year of submission.

31.9 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 32 - 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 leaves 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.

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APPENDIX

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