California School Employees Association
NEGOTIATIONS CONTRACT
BETWEEN
SANTEE SCHOOL DISTRICT
AND
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION
CHAPTER 557
Effective
July 1, 2013 – June 30, 2016
1
TABLE OF CONTENTS
ARTICLEPAGE
1AGREEMENT...... 1
2RECOGNITION...... 2
3MANAGEMENT RIGHTS AND BOARD POWERS...... 4
4ASSOCIATION RIGHTS...... 5
5ORGANIZATIONAL SECURITY...... 8
Hold Harmless Provision ...... 9
6EMPLOYEE RIGHTS...... 10
Personnel Files ...... 10
Employee Review of Personnel Files ...... 10
Reemployment of Permanent Employees...... 10
Discipline ...... 10
7GRIEVANCE PROCEDURE...... 14
General Provisions ...... 14
Definitions ...... 14
Informal Level ...... 15
Formal Grievance Procedure ...... 15
Level I ...... 15
Level II ...... 15
Level III...... 16
Level IV ...... 16
8PROCEDURE FOR EVALUATION...... 19
9SAFETY...... 21
Safety Committee ...... 21
Report of Accident ...... 21
Unsafe Working Conditions ...... 21
Use of Own Physician ...... 21
Extreme Conditions...... 21
Uniforms...... 21
Table of Contents (Continued)
10HOURS...... 23
Workweek/Workday ...... 23
Alternate Workweek ...... 23
Overtime ...... 23
Average Workweek ...... 24
Meal Period ...... 24
Work Year ...... 24
Rest Periods ...... 24
Standby Time ...... 24
Call Back Time ...... 25
Compensatory Time Off ...... 25
Reduction Adjustment in Assigned Time ...... 25
Leaving Assigned Job Sites ...... 25
Summer Assignments ...... 25
Out-of-School Time Programs...... 26
Transportation Department Procedures...... 26
Assignment of Bus Routes...... 26
Modification of Routes after Initial Bidding...... 27
Trip Assignments...... 27
Training...... 29
Health & Welfare Benefits…………………………………………….29
Secretary II (School) and Student Attendance Clerk Work Year...... 29
11LAYOFF, REEMPLOYMENT, INVOLUNTARY REDUCTION IN
HOURS, AND THE IMPACTS AND EFFECTS OF SUCH MATTERS.....31
Reasons for Layoff...... 31
Procedure for Overstaffed Schools or Departments...... 31
Notice of Layoff...... 31
Order of Layoff...... 32
Bumping Rights and InvoluntaryReductions in Assigned Time...... 32
Layoff in Lieu of Bumping...... 33
Equal Seniority...... 33
Voluntary Demotion or Voluntary Reduction in Hours...... 33
Impacts and Effects of Layoff...... 33
Table of Contents (Continued)
Improper Layoff...... 34
Election of Retirement Reemployment Rights...... 34
12HOLIDAYS...... 35
13VACATION...... 36
14TRANSFERS...... 39
District-Initiated Transfer ...... 39
Employee-Initiated TransferRequests...... 40
Consideration of Voluntary Transfer Requests Prior to Public Posting .41
Posting of Notice ...... 41
Medical Transfers ...... 41
Interview Process…………………………………………………………….41
Notification of Selection……………………………………………………..41
15PROMOTION...... 43
16LEAVE PROVISIONS...... 44
General Provisions ...... 44
Specific Provisions ...... 44
Bereavement Leave ...... 44
Child Care Leave ...... 45
Industrial Accident and Illness Leave ...... 45
Judicial and Official Appearance Leave ...... 46
Maternity Leave ...... 48
Military Leave ...... 49
Paternity Leave ...... 49
Personal Necessity Leave ...... 49
Sick Leave ...... 52
Sick Leave Donation...... 54
17COMPENSATION...... 55
Salary Placement and Classification ...... 55
Reclassification ...... 55
Length of Work Year for Step Advancement Purposes ...... 57
Longevity ...... 57
Professional Growth Program ...... 57
Compensation ...... 57
Units Required...... 58
Limitation...... 58
Table of Contents (Continued)
Grade Requirement ...... 58
Eligible Units...... 58
Course Requirements...... 58
Procedures ...... 58
Salary Schedule ...... 59
Employee Mileage Reimbursement ...... 59
Promotion to Higher Classification ...... 59
Working Out of Classification ...... 59
2015-16 Compensation Increase……………………………...... 59
3121 Alternative Social Security Plan……………………………...... 59
18HEALTH AND WELFARE BENEFITS...... 61
General Provisions ...... 61
Maximum District Contribution Toward Employee
Health and Welfare Benefits ...... 61
Required Coverage ...... 61
Optional Benefits Coverage ...... 61
Unused Benefit Monies ...... 61
Plans and Carriers...... 62
Cost in Excess of District Contribution...... 62
Terminating Employees ...... 62
New Employees ...... 62
Benefit Selection Sheets ...... 62
Insurance Plans ...... 62
Retired Employees' Health Benefits ...... 62
Classified Employees Flexible Spending Account Plan ...... 63
Intent of the Flexible Spending Account Plan ...... 63
Flexible Spending Accounts ...... 64
District Contribution to the Flexible Spending Account Plan ..64
Forfeiture of Funds ...... 64
Administration of Plan ...... 64
Opt Out Program …………………………………………………...... 64
19NO LOCKOUT...... 66
20CONCERTED ACTIVITIES...... 67
Table of Contents (Continued)
21CONTRACT PROVISIONS...... 68
22TERM...... 69
APPENDIXES:
Ranges and Classification revised 12/20/11...... 70
2015-2016 Salary Schedules...... 71-72
Sick Leave Donation Guidelines...... 73
Jury Duty Deferral Form...... 74
Performance Evaluation for Probationary Classified Employees Form...... 75-76
Performance Evaluation for Permanent Classified Employees Form...... 77-78
Grievance Forms...... 79-80
Side Letter of Agreement 11/28/00...... 86
Side Letter of Agreement 5/11/01...... 87
Side Letter of Agreement 3/14/05 …………………………………………………..88-89
Side Letter of Agreement 10/26/12………………………………………………….90-91
Side Letter of Agreement 10/14/13………………………………………………….92-93
1
ARTICLE 1
AGREEMENT
This Agreement and the provisions contained herein constitute a bilateral and binding Agreement by and between the Board of Education of the Santee School District, hereinafter referred to as the "District," and California School Employees Association and its Chapter 557, hereinafter referred to as "CSEA." This Agreement is entered into pursuant to Chapter 10.7, Sections 3540 - 3549 of the Government Code.
It is understood and agreed that the specific language in the agreement shall prevail over District practices and procedures. To the extent the Agreement grants rights in addition to those covered by State law, the Agreement shall prevail.
ARTICLE 2
RECOGNITION
The Board recognizes the CSEA as the sole and exclusive bargaining agent for those classified non-management employees occupying the following positions:
Accounting Series: Accountant: Finance, Accounting Assistant I, Accounting Assistant II, Accounting Assistant III, Buyer/Accounting Assistant II, and Senior Buyer/Logistics Specialist;
Assistant Series:Adult ESL Assistant, Bilingual Braille Transcriber, Bilingual HIPPY Assistant, Bilingual HIPPY Assistant II, Campus Aide, Child Assistant, Child and Family Attendance Specialist, Early Childhood Assistant I, Early Childhood Assistant II, Early Childhood Group Leader I, Early Childhood Group Leader II, Instructional Assistant, Instructional Assistant I, Instructional Assistant II, Instructional Assistant-Computer Lab, Instructional Assistant-LEP, Instructional Assistant-Special Education I, Instructional Assistant-Special Education II, Instructional Assistant-Visually Impaired, Interpreter for the Hearing Impaired, Out-of-School Time Assistant Site Leader, Out-of-School Time Group Leader, Out-of-School Time Group Leader Specialist, Out-of-School Time Regional Leader, Out-of-School Time Site Leader, Project SAFE Assistant, and Student Support Assistant;
Clerical Series:Bilingual Clerical Assistant, Bilingual Project Assistant, Bilingual Assistant to Program Coordinator, Bilingual Community Liaison, Clerk Typist I, Clerk Typist II, Community Liaison, District Instructional Media Technician, District Receptionist/Clerk, Health Clerk, Instructional Media Technician, Personnel Assistant/Substitutes, Personnel Technician, Personnel Technician (Benefits), Student Attendance Clerk, and Transitional Second Language Clerk/Data Specialist;
Custodial Series:Custodian I, Custodian II, Lead Custodian, and Site Custodian;
Food Service Series: Child Nutrition School Site Lead, Child Nutrition Lead, CNS Accounting Assistant III/Secretary II (Dept), Food Service Clerical Assistant, Food Service Utility Worker, Food Service Warehouse/Delivery Driver, Food Service Worker I, Food Service Worker I-A; Food Service Worker II, Food Service Worker III, Food Service Worker III-A, Food Service Worker IV, and Food Service Worker V;
Grounds Series:Grounds Maintenance Worker I, Grounds Maintenance Worker II, and Grounds Maintenance Worker III, and Lead Grounds Maintenance Worker;
Maintenance/Craftsworker I, Craftsworker II, Craftsworker III, Craftsworker I
Warehouse Series:/Storekeeper, Craftsworker I/Warehouse Worker/Delivery Driver, HVAC Technician II, HVAC Technician III, Lead Warehouse Worker/Delivery Driver, Maintenance Buyer, and Maintenance and Operations Lead;
Nursing Series:Licensed Vocational Nurse, Occupational Therapist, and Occupational Therapy Assistant;
Secretarial Series:Program Secretary/Student Enrollment, School Office Receptionist/Clerk, Secretary I (Department); Secretary II (Department), and Secretary II (School), and Secretary/Computer User Specialist;
Technology and Communication Series:
Computer Support Technician I, Data Specialist, Electronics Technician II, Electronics Technician III, Network Specialist, Technology Assistant, Publications Technician I, Publications Technician II, and Web Development Specialist;
Transportation Series:Assistant Mechanic, Bus Attendant, Bus Driver I, Bus Driver II, Bus Driver III, Bus Driver/Driver Instructor, Dispatcher/Driver Instructor, and Heavy Duty Diesel Mechanic;
And, excluding all other positions not specifically enumerated above.
The Association, in turn, recognizes the Board as the duly elected representative of the people and agrees to negotiate exclusively with the Board's Negotiating Team through the provisions of the Rodda Act, SB-160, Chapter 10.7, Section 3540 - 3549 of the Government Code. All newly created positions, except those that lawfully are certificated, management, confidential, or supervisory shall be assigned to the bargaining unit.
ARTICLE 3
MANAGEMENT RIGHTS AND BOARD POWERS
A.Description Rights
The Board on its own behalf and on behalf of the electors of the District hereby retain and reserve unto itself without limitation, all powers, rights, authorities, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of California and of the United States including, but without limiting the generality of the foregoing, the right:
1.To direct the executive management organization and administrative control of the District and its properties and facilities, and the activities of its employees.
2.To direct the work of its employees, determine the time and hours of operation, determine classification of positions, determine the kinds and levels of services to be provided, and the methods and means of providing those services, including entering into contracts with private vendors for services.
3.To hire all employees and, subject to the provisions of the law, to determine their qualifications and the conditions for their continued employment, discipline, dismissal, or demotion, and to promote, assign, and transfer all such employees.
4.To establish educational policies, goals, and objectives, to insure rights and educational opportunities of students, to determine staffing patterns, to determine the number and kinds of personnel required in order to maintain the efficiency of District operations.
5.To build, move, or modify facilities, establish budget procedures and determine budgetary allocation, determine the methods of raising revenue, and take action on any matter in the event of an emergency.
B.Exercising Rights
The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the Board, adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of California and the Constitution and laws of the United States and is expressly excluded from the provisions of Article 7, "Grievance Procedure".
C.In Cases of Emergency
The District retains its right to amend, modify, or rescind policies and practices referred to in this Agreement in case of emergency. An emergency shall be defined as an unforeseen combination of circumstances which calls for immediate action. The determination of whether or not an emergency exists is solely within the discretion of the Board and is expressly excluded from the provisions of Article 7, "Grievance Procedure".
1
ARTICLE 4
ASSOCIATION RIGHTS
CSEA shall have the following rights in addition to the rights contained in any other portion of this Agreement.
1.Use of Facilities.
CSEA shall have the right to make use of school buildings for meetings when: (1) an authorized CSEA representative obtains permission from the Superintendent or designee(s) regarding the time, place, and type of activity to be conducted, and (2) the Superintendent or designee(s) can verify that such requested use of facilities and activities will not interfere with the school programs and/or duties of unit members. School or department staff meetings shall not be used for employee organization business.
2.Use of Institutional Bulletin Boards.
Each site administrator or department head shall designate a portion of one (1) bulletin board for use by CSEA. CSEA shall be responsible for the content of all its information posted on school bulletin boards. CSEA will not post information which is derogatory or defamatory of the District or its personnel on District property. CSEA shall be responsible for maintaining neatness and order of the bulletin board space designated for CSEA use. One (1) copy of all organizational material to be posted on the designated bulletin board space shall be provided to the Superintendent or designee. One (1) copy of all organizational materials to be posted on the designated bulletin board shall be provided to the site administrator or department head or designee. All material to be posted shall include the name of the organization, the name of the responsible officer of the organization, and date.
3.Use of District Internal Mail Systems.
CSEA shall have reasonable use of the District internal mail systems, including electronic mail, to distribute materials which emanate from the Association office for communication to its unit members provided that such materials include the name of the Association and date. CSEA understand and agrees that there is no expectation of privacy or confidentiality in the use of the District’s internal mail systems, including electronic mail. Distribution of District materials shall have priority over distribution of organizational materials. Distribution of Association materials shall be subject to the workload of the District mail delivery service. The Association is responsible for the content of all information sent using the District’s internal mail systems. One (1) copy of the materials to be placed in employee mailboxes shall be provided by the Association to the Superintendent or his designee prior to distribution. One (1) copy shall be provided the site administrator or department head of each location to which materials are sent. Distribution of materials in mailboxes shall be done by a designated member of the organization outside of regular duty hours.
4.Access to Employees.
Authorized CSEA representatives shall have the right to transact official business on school property provided that: (1) an authorized CSEA representative obtains permission from the Superintendent or designee(s) regarding the specific time, place, and type of activity to be conducted, (2) upon arriving at a site the authorized CSEA representative reports to the site administrator or department head or designee to announce his/her presence and purpose, (3) such visits shall be scheduled only during the employee's duty free lunch period or non-duty hours, and (4) that no CSEA views on matters relating to management-employee or District-CSEA relations will be discussed in the presence of students by the CSEA representative or members of the bargaining unit.
5.The right to use without charge institutional equipment, facilities, and buildings, at reasonable times, for the purpose of processing grievances and matters related thereto.
6.The right to review employees' personnel and payroll records, by appointment, pursuant to the provisions of Article 6, "Employee Rights," page 10, when accompanied by the employee or on presentation of written authorization signed by the employee.
7.The right to be supplied with a complete "hire date" seniority roster of all bargaining unit members within sixty (60) calendar days following the effective date of this Agreement and annually thereafter. All references to seniority within this Agreement shall be interpreted as "hire date" seniority. Seniority within the District shall be defined as the first date of paid service in a position that is a part of the classified service. Seniority within a classification shall be defined as the first date of paid service within that classification, and seniority within a classification shall include service in that classification plus service in any higher classification(s).
8.The right to receive, upon request, without cost, copies of any public materials related to wages, hours and other terms and conditions of employment which are relevant for CSEA to fulfill its duties and obligations as the exclusive representative of bargaining unit members covered by this Agreement.
9.Names, addresses and available telephone numbers of bargaining unit members shall be provided without cost to CSEA no later than December 1 of each school year.
10.The right to review at reasonable times, by appointment, public material in the possession of or produced by the District, which relate to wages, hours and other terms and conditions for bargaining unit members.
11.The right to conduct an orientation session on this Agreement for bargaining unit employees during regular working hours subject to approval of the District Superintendent or designee.
12.Distribution of the Contract: The District shall print or duplicate and provide without charge up to twelve (12) copies of this contract,and any subsequent written changes agreed to by the Parties, for CSEA leadership. In addition, the District shall make an electronic version of this contract, and any subsequent written changes agreed to by the Parties, available and easily accessible to every existing and new employee in the bargaining unit. The District shall provide without charge a printed copy of this contract, and any subsequent written changes agreed to by the Parties, to any existing or new employee requesting it.
13.Upon request, the District will grant paid release time for two (2) delegatesfor the first 150 members and one (1) additional delegate for each 100 members or fraction thereof to attend the annual state conference of CSEA. Granting of release time for the additional delegates shall not unduly interfere with the smooth and efficient operation of the District as determined by the immediate supervisor of each selected delegate. All conference expenses shall be paid by CSEA or the unit member.
14.CSEA Chapter 557 (“Association”) shall have one hundred eighty (180) hours per fiscal year (July 1 – June 30) of paid release time for Association Business. No one individual shall have more than four (4) hours of paid release time in any week and release time shall be subject to prior approval of the Assistant Superintendent of Human Resources or designee. The Association shall submit written request for all such release time sufficiently in advance but not less than two (2) working days prior to the intended absence to ensure substitute coverage, if appropriate. The District and the Association shall work together to monitor and record the use of release time provided for in this Article and resolve discrepancies. Release time under this section shall not be used for any activity in violation of the Agreement, or for any purpose unrelated to the Association’s obligations as the exclusive representative of the Bargaining Unit.
15.Chapter members shall be granted paid release time in accordance with and subject to Education Code section 45210 provided that reasonable notice has been provided by the State Association and the number of chapter members released is reasonable. The State Association shall be responsible for providing reimbursement to the District for all costs incurred by the District for such release time billed to the State Association in accordance with the aforementioned stature.
ARTICLE 5
ORGANIZATIONAL SECURITY
A.Classified unit members shall be required as a condition of continued employment to either join the recognized employee organization or pay the organization a fair share service fee within the first thirty (30) days of employment.