CONTRACT BETWEEN
STOCKTON UNIFIED SCHOOL DISTRICT
AND
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION (CSEA)
AND ITS
STOCKTON CHAPTER #318
UNIT A
July 1, 1999
Through
June 30, 2002
AGREEMENT BETWEEN
STOCKTON UNIFIED SCHOOL DISTRICT
AND
CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION
Unit A
FOR THE DISTRICT: FOR THE ASSOCIATION:
Jess Serna, Director of Labor Relations Sharon Furlong, CSEA Sr. LLR
Dorothy Landsberg, Legal Counsel Helen Hernandez, President, Chapter 318
Karen Natal, Legal Counsel Joe Cruz, Co-Chair
Art Hand David Knight
Mark Kralj Kathy Elsholz
Loralie Chain Anita Goss
Teri Arguijo Larry Montgomery
Josie Hernandez
Chuck Walker
TABLE OF CONTENTS
ARTICLE PAGE
Preamble.........................................................................................................................................8
1. Recognition...........................................................................................................................9
Acknowledgement
Non Discrimination
2. Procedures for Evaluation...................................................................................................10
Procedures
Personnel Files
3. Dues and Service Fee..........................................................................................................12
Employee Rights
Association Members' Obligation to Exclusive Representative
Definition of Service Fee
Verification of Service Fee by Association
Procedure for Association Members who Contest the Amount of the Service Fee
Payment Method
District's Obligation
Hold Harmless and Indemnity Provision
4. Organization Rights and Responsibilities............................................................................15
Access
Use of Facilities
Bulletin Boards
Seniority Roster
Personnel Files
Right of Review
Board Agenda
Delegate Release Time
State Officer Release Time
Contract Distribution
President's Release Time
5. Job Stewards.......................................................................................................................18
Assignment of Job Stewards
Duties and Responsibilities of Job Stewards
6. Definitions..........................................................................................................................19
District Seniority
Notice
Permanent Employee
Parties
Substitute Employee
Short-Term Employee
TABLE OF CONTENTS
(Continued)
ARTICLE PAGE
7. Hours and Overtime............................................................................................................20
Workyear
Workweek
Workday
Reduction in Assigned Time
Adjustment of Assigned Time
Increase in Hours
Lunch Periods
Rest Periods
Rest Facilities
Overtime
Pay Differentials
Shift Differentials
Weekend Differential
Compensatory Time Off
Distribution of Overtime
Right of Refusal
Call Back Time
Hours Worked
8. Pay and Allowances............................................................................................................24
Rate of Pay
Progression on Salary Schedule
Pay Date
Mileage
Out of District Travel
Professional Growth
Compensation for an Employee Working out of Classification
Salary Placement for Employee Who Resigns And Is Reemployed
Paraprofessional Increments
Payroll Errors
Longevity
Promotional Placement
Reclassification
9. Employee Expenses and Materials......................................................................................27
Uniforms
Physical Examinations
Employee Achievement Awards
Tools
Hold Harmless
10. Fringe Benefits....................................................................................................................28
Benefit Specifications
Retiree Insurance Coverage
ARTICLE PAGE
11. Holidays..............................................................................................................................30
Scheduled Holidays
Additional Holidays
Holidays on a Saturday or Sunday
Teacher Training Days
Holiday Eligibility
12. Vacation Plan......................................................................................................................32
Eligibility
Paid Vacation
Accumulation
Maximum Vacation Earnings Per Year of Service
Vacation Pay
Vacation Pay Upon Termination
Vacation Postponement
Exceptions to Section 12.7
Vacation Scheduling
Interruption of Vacation
13. Transfer/Promotions............................................................................................................36
Definitions
Transfer
Promotional Opportunities
Voluntary Demotion
Vacancy
General Provisions
Procedure
Lateral Transfers
Involuntary Transfers
Promotional Opportunities
14. Layoff and Reemployment..................................................................................................40
Layoff Procedures
Reemployment Rights
Seniority Rights
15. Leaves.................................................................................................................................43
Bereavement Leave
Military Leave
Sick Leave
Industrial Accident And Illness Leave
Break in Service
Personal Necessity Leave
Emergency Leave
Child-Rearing Leave
TABLE OF CONTENTS
(Continued)
ARTICLE PAGE
Leaves (Continued)
Adoption Leave
Dependent Leave
General Leave
Verification Of Illness
Judicial Leave
Extended Illness Leave
Jury Duty
Civic/Community Offices
FMLA/CFRA
Catastrophic Leave Bank Program
16. Leave of Absence for Retraining and Study........................................................................49
17. Disciplinary Procedures......................................................................................................50
For Just Cause Discipline
Cause For Suspension Or Termination Cause For Discipline Shall Include
Procedure For Suspension Or Termination
Preliminary Written Notice
Notice Of Suspension Or Dismissal
Administrative Leave
Sex Or Narcotics Offenses
Compulsory Leave
Appeal Procedure
Hearing Authority
Notice of Hearing
Rights of Employee
Evidence
Exclusion Of Witnesses
Burden of Proof
Findings And Decision
Report Of Hearings
Transcripts Of Hearings
18. Grievance Procedure...........................................................................................................55
Definition
Preliminary Step-Solution of Potential Grievance
Grievance Procedure
Level I
Level II
Level III
General Provisions
19. Working Conditions............................................................................................................59
Licenses
First Aid And CPR Certificates
Compensation For Required Training
TABLE OF CONTENTS
(Continued)
ARTICLE PAGE
20. Safety Conditions of Employment.......................................................................................60
21. Contracting and Bargaining Unit Work...............................................................................61
Notice to The Association
District and The Association Obligations
22. Severability.........................................................................................................................62
Savings Clause
Replacement For Severed Provision
23. Relationship of Agreement to Bargaining Obligation..........................................................63
24. Management Rights............................................................................................................64
25. No Strike/No Lockout.........................................................................................................65
26. Year Round Elementary Schools.........................................................................................66
Assignment
Vacancies
Increase in Hours
Substitution
12-Month Positions
Holidays
YRS Committee
Reopening Of Negotiations
Vacation Scheduling
Calendar
Payment
Assignments in Initial Year
Work Days
27. Duration of Agreement.......................................................................................................69
APPENDICES…………………………………………………………………………………...70
A. Salary Schedules
B. Longevity
C. Professional Growth Program
D. Year Round School Calendar
E. Operations Calendar
F. Traditional School Calendar
G. Complaint from Parents or Citizens
SIDE LETTERS
PREAMBLE
This agreement is made and entered into this October 24, 2000 by and between Stockton Unified School District, hereinafter referred to as the DISTRICT, and California School Employees Association and its Stockton Chapter 318 or its successors, hereinafter referred to as The Association pursuant to Government Code Section 3540, et. seq.
ARTICLE I: RECOGNITION
1.1 Acknowledgement:
The District hereby recognizes California School Employees Association as the exclusive bargaining representative for all classified employees in Unit A, as described in Appendix A Attachments are made hereto and incorporated by reference as part of this agreement. All newly created positions, except those that are lawfully certificated, management, confidential, or supervisory, shall be assigned to the appropriate bargaining unit. The determination of management, confidential, or supervisory employees shall be by mutual agreement between the District and The Association. In the absence of mutual agreement, disputed cases shall be submitted to the PERB for resolution. The bargaining units described in Appendix A may be expanded to other classes by mutual agreement of the parties, subject to the rules of PERB.
1.2 Non Discrimination:
The district shall not discriminate against Association bargaining unit members on the basis of race, color, creed, age, sex, sexual orientation, national origin, political affiliation, marital status, physical handicap, veteran status, membership and/or participation in an employee organization or activities as it applies to the language of this agreement.
ARTICLE II: EVALUATION AND PROBATIONARY PERIOD/PERSONNEL FILES
2.1 Evaluations and Probationary Periods
2.1.1 Evaluations shall be made based primarily upon the direct observation and knowledge of the evaluator. Any negative evaluation shall include specific recommendations for improvements and provisions for assisting the employee in implementing any recommendations made.
2.1.2 Association members of permanent status shall be evaluated once each year thirty (30) days prior to the last working day of the employee. Such evaluation shall consist of an overview of the prescribed period of time.
2.1.3 Any bargaining unit member or the Association shall have the right to utilize the grievance procedure regarding violations of the procedural aspects of evaluations arising under the provisions of this article.
2.1.4 Every new bargaining member of probationary status shall be evaluated in writing at two (2) months and at four (4) months. In lieu of not recommending permanent status at the end of the six month probationary period the District may, after consultation with the Association Representative and bargaining unit member, extend the probationary period up to a maximum of six (6) additional months, with one additional evaluation.
2.1.4.1 The probationary period for promotional positions shall be six months.
2.2 Procedures:
2.2.1 Employees shall be given the opportunity to review and comment on any evaluation before it is entered into the District personnel file.
2.2.2 Association members shall be required to sign all formal written evaluations; however, the signing of such evaluation shall only acknowledge that The Association member has seen the document. An Association member shall receive a copy of the evaluation.
2.2.3 If an Association member disagrees with the substance of the evaluation, The Association member shall be able to appeal the substance of the evaluation with the next higher level of supervision.
2.2.4 At any meeting between a District representative and an Association member to discuss a negative evaluation, upon request the Association member is entitled to have a CSEA representative present.
2.3 Personnel Files:
2.3.1 Association members shall be provided with copies of any derogatory written materials and have an opportunity to comment within six (6) working days before it is placed in the Association member's personnel file. The Association member shall be given no more than 2 hours release time without loss of pay to review and comment on any negative material placed in the personnel file.
2.3.2 Any person who places written material or drafts written material for placement in an Association member's file shall sign the material and signify the date on which such material was drafted. Any written materials placed in a personnel file shall indicate the date of such placement.
2.3.3 No disciplinary action shall be taken for any cause which arose prior to the bargaining unit member becoming permanent, nor for any cause which arose more than two years preceding the date of the filing of the notice of cause unless such cause was concealed or not disclosed by such Association member when it could be reasonably assumed that the Association member should have disclosed the facts to the District.
2.4 The personnel file of each Association member shall be maintained at the District's central administration office. No adverse action of any kind shall be taken against a bargaining unit member based upon materials which are not in the District personnel file.
2.5 All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the Association member.
2.6 Upon request of a bargaining unit member, derogatory written materials in the personnel file which are more than two (2) years old (other than the official evaluation) will be placed in a sealed envelope. If there is additional derogatory material that is less than two (2) years old, the District representative and the Association representative will meet to determine how to handle the sealing. The envelope may only be opened by the Director of Labor Relations and designated management level staff in the Human Resources Department and a notation will be made on the envelope upon each opening indicating the date, time, name and reason for the opening.
2.7 The employee or authorized (in writing) representative may also have access to the material. There are no restrictions placed upon the use of the material other than those otherwise imposed by law. Disputes over the application of this provision may be submitted to the contractual grievance procedure beginning at Level II.
ARTICLE III: DUES AND SERVICE FEE
3.1 Employee Rights:
3.1.1 The District and the Association recognize the right of employees to form, join and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights.
3.1.2 Accordingly, membership in the Association shall not be compulsory. An Association member has the right to choose, either: to become a member of the Association; or, to pay to the Association a fee for representation services, or to refrain from either of the above courses of action upon the grounds set forth in Section 3.3.5 below. The District will provide payroll deductions for dues for those Association members who chose to be members of the Association.
3.2 Association Members' Obligation to Exclusive Representative:
3.2.1 An Association member who does not fall within one of the exempted categories as set forth in Section 3.3.5 below, and who has not voluntarily made application for membership in the Association within thirty (30) days of either the date upon which this Agreement is executed, or the date upon which said Association member has been employed by the District, whichever is later, must, as a condition of continued employment in the District pay annually or monthly to the Association a service fee in exchange for representation services necessarily performed by the Association in conformance with its legally imposed duty of fair representation on behalf of said Association member.
3.3 Definition of Service Fee:
3.3.1 The service fee to be collected from non-Association unit members shall be the amount authorized by Section 3540.1 (i)(2) of the California Government Code.
3.3.2 Any dispute as to the amount of the representation fee shall be resolved pursuant to the provisions of Section 3.3.6 herein.
3.3.3 Association members on voluntary leave without pay, and Association members who are on laid-off status shall be exempt from these provisions herein; except that the election as to membership or payment of a fee as set forth in 3.2.1 herein must be exercised within the first ten (10) work days upon return to paid status.
3.3.4 Verification of Service Fee by Association:
The Association shall submit a copy of the detailed financial report to any Association member who contests the amount of the fee. The report shall be that which the Association must make available to the Public Employment Relations Board pursuant to Government Code Section 3546.5.
3.3.5 Association members exempted from obligation to pay any Association member may be exempted from payment of any service fees to the Association if that person is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting an "employee organization" as defined in Section 3540.1(d) of the Government Code. Such exempt Association members shall, as an alternative to payment of a service fee to the Association, pay an amount equivalent to such service fee to the United Way.
The District, upon written request from the Association, shall require such exempt Association member to submit a written affidavit to the Association verifying the existence and nature of the allowable objection to payment of a service fee and in addition, shall require such exempt Association member to submit proof of payment of amount equivalent to such service fee to the organization listed above.
3.3.6 Procedure for Association Members who Contest the Amount of the Service Fee:
The parties agree that, in order to provide a uniform definition of the amount of the service fee, any such disputes involving the amount of such fee must first be deferred to the Public Employment Relations Board for determination, provided that the parties have first complied with the other provisions of this Section.
If, at any time, the Public Employment Relations Board determines that some or all of the representation service fees deducted shall be held in escrow pending a determination of the correct amount of the fee, the District will deposit the amount in an interest bearing escrow account. The monies held in escrow shall be released to the appropriate party upon the rendering of a final decision by the PERB.
3.4 Payment Method
3.4.1 An Association member may voluntarily sign and deliver to the District a written authorization to deduct the properly established service fee as defined in Section 3.3 above. Upon receipt of a voluntary authorization duly completed and executed, the District will deduct from the pay of Association members and pay to the Association the normal and regular monthly service fee.
3.4.2 In the event that a bargaining unit member who is not exempted from payment under Section 3.3.5 does not pay annually the service fee directly to the Association pursuant to Section 3.3.1 or does not voluntarily sign and deliver to the District an authorization pursuant to Section 3.4.1 above, the Association shall request in writing that the District deduct from the pay of the Association member and pay to the Association the normal and regular monthly service fee without the approval of the Association member. In such case, the District shall begin automatic payroll deduction as provided in Education Code Section 45168 for service fee due from the date of ratification of this Agreement or first date of the Association member's employment, whichever is later. There shall be no charge to the Association for such mandatory service fee deductions.
3.4.3 Prior to beginning of such payroll deduction pursuant to Section 3.4.2, The Association will certify to the District in writing that the Association member whose pay is to be affected by the deduction has (1) not joined the Association; (2) not voluntarily tendered the amount of the service fee as defined herein; and (3) has not qualified for an exemption under Section 3.3.5 herein. The Association shall also notify the Association member in writing that due to the Association member's failure to fulfill any of the above three (3) requirements the Association has requested the District to begin automatic payroll deduction of the service fee. The Association shall provide the District with a copy of said written notice to the Association member. Thereafter, the District will begin the automatic deductions.
3.4.4 The District is under no obligation to make payroll deductions for periods during which a Association member is either terminated from employment or not on the District's payroll for any reason, including, but not limited to, layoff and voluntary leave of absence for more than thirty (30) days.
3.4.5 Upon the rehiring of any Association member, the District will treat such Association member as a Member Profile for purposes of this article.
3.5 District's Obligation:
The District's sole and exclusive obligations under this Article are to notify any Association member who has failed to comply with the provisions of this Article that, as a condition of employment in the District, such Association member must either become an Association member, pay a service fee, either through voluntary or involuntary deductions, or establish an exempt status and make payment pursuant to Section 3.3.5 of this Agreement, and to make payroll deductions pursuant to Section 3.4.1 or 3.4.2 of this Agreement. Under no circumstances shall the District be required to dismiss any unit member for failure to fulfill the obligations to pay fees established herein.
3.6 Hold Harmless and Indemnity Provision:
The Association as defined in this Agreement shall hold the District harmless, and shall fully and promptly reimburse the District for any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes, challenges, which are actually brought against the District or any of its agents, in connection with the administration or enforcement of any Section in this Agreement pertaining to service fees. Such reimbursement shall include, but not be limited to, court costs, litigation expense, and attorney's fees incurred by the District which were reasonably necessary to defend the District's interests. The District will provide the Association an accounting of the precise costs incurred by the District.
ARTICLE IV: ORGANIZATION RIGHTS AND RESPONSIBILITIES
4.1 Access:
Bargaining unit members shall have the right of access at reasonable times to areas in which employees work. Authorized representatives of the Association shall be permitted to transact official business on school sites at reasonable times as agreed to by the parties.
4.2 Use of Facilities:
The Association and its members shall have the right to make use of District facilities, equipment and buildings at reasonable hours as agreed to by the parties.
4.3 Bulletin Boards:
In school sites frequented by bargaining unit members, one bulletin board or section of a bulletin board shall be designated as the official bulletin board available for the Association to post notices of activities and matters of Association concern. The Association may use the District mail service and employee mailboxes for communications to employees. A copy of all material placed on the bulletin board shall be submitted to the principal/site administrator and shall be distributed only by Association representatives.
4.4 Reports:
3.3.1 Seniority Rosters:
The District shall provide the Association with a Seniority Roster quarterly. The Seniority Roster shall indicate all bargaining unit members present classification and current work location.
4.4.2 Service Fee Payer List:
The District shall provide the Association with a Service Fee Payer List monthly. The list shall include the bargaining unit members' name, social security number, number and amount of deduction, and work location.
4.4.3 Exceptions List
The District shall provide the Association with an Exceptions List monthly. The list shall indicate all bargaining unit member's social security number, name, date of hire, and work location.
4.5 Personnel Files:
The Association shall have the right to review bargaining unit members personnel files and other records dealing with bargaining unit members when accompanied by the bargaining unit member or on presentation of a written authorization signed by the concerned bargaining unit member.
4.6 Right of Review:
The Association shall have the right to review, at reasonable times, material in possession or produced by the District which is relevant and necessary for the Association to fulfill its role as the exclusive bargaining representative. The District agrees to provide the Association with copies of all public information which shall be made available upon request.
4.7 Board Agenda:
The District shall provide the Association three copies of the Board's agenda and three copies of the agenda back-up material for each Board meeting. The materials shall be made available to the Association without cost.
4.8 Delegate Release Time:
The District agrees to provide release time without loss of compensation for the Association chapter delegates to attend the Association Annual Conference.
4.9 State Officer Release Time:
The District agrees to provide release time for association members who are Association State Officers to conduct necessary Association business without loss of compensation as agreed to by the parties.
3.10 Negotiation Release Time
The members of the CSEA negotiation teams shall be granted release time with pay to participate in contract negotiations with District officials. Negotiations release time shall not exceed 1200 cumulative hours per fiscal year. The Director of Labor Relations shall authorize additional release time hours as required.
4.11 Contract Distribution:
3.10.1 Within thirty (30) working days after ratification by the Association, the District shall provide a copy to the Association for review of errors. Upon District’s receipt of the executed signature sheet from the Association, the District agrees to provide each bargaining member with the copy of the agreement printed at the District’s expense no later than thirty (30) working days from the date the signature page is received.
4.11.2 The District agrees to provide newly hired bargaining unit members a copy of this Agreement, printed at District expense, within seven (7) work days of ratification of their employment by the Governing Board.
4.12 President’s Release Time:
The Association Chapter President, or designee (s), shall be granted one hundred twenty (120) days of leave over a period of three (3) years to conduct business pertinent to Association affairs. The District shall grant the Association member paid leave for the first thirty (30) days and will continue to bear the cost of all fringe benefits for the full one hundred twenty (120) days. The Association shall reimburse the District for one-half (1/2) the Association member’s salary for each day use beginning with the thirty-first (31st) day. The Association shall reimburse the District for the Association member’s full salary for each day beginning with the ninety-first (91st) day. The Association Chapter President shall not use job steward release time except when specifically designated as the job steward in advance in writing under the following circumstances: due to a vacancy in job steward position, the absence of a job steward, or a request from grievant that President act as job steward on the bargaining unit members behalf.
ARTICLE V: JOB STEWARDS
5.1 Assignment of Job Stewards:
The Association shall designate job stewards and shall notify the District in writing of their names and the group they represent. Changes in permanent stewards and/or specific alternatives must be designated in advance by written notification to Human Resources Department, except in an emergency.
5.2 Duties and Responsibilities of Job Stewards:
4.1.1 A job steward shall be granted a reasonable amount of time to participate in the investigation, preparation, writing, and presentation of grievances. The job steward shall arrange with the grievant’s supervisor for a mutually agreeable suitable time to conduct such business. The leave utilization form shall be submitted upon return to the work site when verbal approval is granted. Prior notification to the immediate supervisor/manager/administrator shall be in writing. If a supervisor/manager/administrator is unavailable the steward shall notify the Director of Labor Relations or his/her designee.
Those designees are:
Personnel Operations & Equal E