SUMMERVILLE ELEMENTARY

SCHOOL DISTRICT

SUMMERVILLE ELEMENTARY CLASSIFIED

EMPLOYEES UNION, CTA/NEA

AGREEMENT

2018-2021

TABLE OF CONTENTS

Agreement Between Summerville Elementary School District and Summerville Elementary Teachers Association, CTA/NEA

AGREEMENT BETWEEN

SUMMERVILLE ELEMENTARY SCHOOL DISTRICT

AND

SUMMERVILLE ELEMENTARY CLASSIFIED EMPLOYEES UNION, CTA/NEA

ARTICLE 1 – AGREEMENT

1.1        Bilateral and Binding Agreement

The Articles and provisions contained here constitute a bilateral and binding agreement (Agreement) by and between the Governing Board of the Summerville School District (District) and the Summerville Elementary Classified Employees Union/ CTA/NEA, an employee organization.

1.2        Right to Bargain

This Agreement is entered into pursuant to Chapter 10.7, sections 3540-3549 of the Government Code (Act).

1.3        Length of Contract

Three years: July 1, 2018 - June 30, 2021; to include two (2) re-openers each for SECU and the District, and annual negotiations on Salaries and Benefits.

ARTICLE 2 – RECOGNITION

2.1        Employees Represented

The parties to this Agreement recognize that the duties and work performed by the classified employees in the bargaining unit described above shall be performed only by unit members unless there are no unit members who are qualified and/or interested in performing the work, in which case the District may utilize non-bargaining unit personnel.

2.2        Composition of Unit

The District and the SECU agree that the composition of the bargaining unit is appropriate and neither party will seek a clarification or amendment of any kind, either as the inclusions or exclusions, during the terms of this Agreement.

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3.9        Immediate Family

Members of the Immediate Family shall include the mother, father, mother-in-law, father-in-law, grandmother, grandfather, or grandchild of the unit member or the spouse of the unit member, and the spouse, domestic partner, son, son-in-law, daughter, daughter-in-law, brother, or sister of the unit member, or any relative living in the immediate household of the unit member.

3.10        Negotiable Items

Negotiable Items means all items and matters as defined under section 3543.2 of the Act. 3.11 Negotiate in Good Faith

Negotiate in Good Faith means a serious and honest effort on the part of each party to reach agreement, including, but not limited to, the duty of each party to provide the other with all information, records, data worksheets, and budgetary materials which may be relevant to the negotiations, and to meet and negotiate as provided by the Act.

3.12        Paid/Unpaid Leave of Absence

Each Paid/Unpaid Leave of Absence granted, except as otherwise provided in this Agreement, will carry its own unique benefits set each time by the District.

3.13        Per Diem

“Per Diem” or “Daily Rate of Pay” means the amount of salary derived by dividing the Unit Member’s normal annual salary by the number of days in his/her classification’s normal work year.

3.14        Permanent

“Permanent” as used in the phrase “permanent employee” or “permanent Unit Member” refers to permanent status in the classification in which the regular Unit Member passed the required probationary period.

3.15        Position Description

“Position description” is the description of the duties, responsibilities, minimum qualifications, and authority of positions in a class.

3.16        Probationary Employee

“Probationary employee” or “Probationary Unit Member” is a regular employee who will become permanent upon completion of a prescribed probationary period. The prescribed

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probationary period is nine (9) months from the first date of paid service as a probationary employee unless extended as set forth in Section 12.3.

3.17        Promotion

“Promotion” is a change in the assignment of an employee from a position in one class to a position in another class with a higher maximum salary rate.

3.18        Reclassification

“Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position.

3.19        Registered Domestic Partner

“Registered Domestic Partner” is defined by the State of California. Whenever “spouse” is referred to, it will also apply to registered domestic partners.

3.20        Regular

“Regular” as used in the phrase “regular classified employee” or “Regular Unit Member” or any similar phrase, refers to a classified employee who has probationary or permanent status.

3.21        School Day

School Day means the amount of time students are required to be in school, unless otherwise provided for in this Agreement.

3.22        Seniority

Seniority is defined as the unit member's initial date of paid service to the District as a probationary classified employee in a classified bargaining unit position.

3.23        Supplemental Pay

The District shall pay Supplemental Pay rates for those positions listed in section 9.10, Supplemental Pay Schedule, of this Agreement.

3.24        Unit Member

“Unit Member” means any employee who is included in the non-certificated bargaining unit as defined in Article Two, sometimes referred to as “Member” or “Employee.”

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3.26        Working Days

Working Days means days during which unit members are required to be present at school.

ARTICLE 4 - ASSOCIATION RIGHTS

4.1        Mail Facilities

The Association shall have the right to use the District unit member mailboxes for communications to unit members without interference, censorship, or examination of such communications by the District to the extent permitted by Education Code section 7054.

4.2        Bulletin Boards

The Association shall have the right to post notices of activities and matters of Association concern on Association’s bulletin boards as provided. The Association will restrict its bulletins to the Associations designated bulletin boards.

4.3        Use of Building and Equipment

The Association shall have the right to use school facilities and equipment during all reasonable hours for meetings and other Association activities. Any additional costs above normal shall be borne by the Association.

4.4        Access to Work Areas

Authorized representatives of the Association shall have the right to transact official Association business on school property and utilize District facilities at all reasonable times provided that such activities or use do not interfere with classroom instruction.

4.5        Time and Place of Negotiations

At-the-table negotiation meetings between the parties shall take place at mutually convenient times and places. The District shall grant a reasonable amount of release time without loss of compensation to no more than four (4) official negotiators of the Association for meeting and negotiating with official District negotiators.

4.6        Right to Consult

The Association has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks.

4.7        Right to Attend School Board Meetings

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The SECU President or designee, if scheduled to work during a Board Meeting, must gain his or her supervisor’s approval in order to flex his or her time to attend a regular or a special board meeting. The SECU President’s or designee’s supervisor shall not arbitrarily deny such a request.

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ARTICLE 6 - ACCESS TO INFORMATION

6.1        Requests

The District, upon request by the Association, agrees to furnish to the Association, within fifteen

15. days, all available information concerning the financial resources and professional staffing of the District. Such information shall include, but not be limited to: Annual financial reports and audits, register of certificated personnel, tentative budgetary requirements and allocations, agendas and minutes of all Governing Board meetings and appropriate attachments thereto at the time of distribution to the Governing Board, census and membership data, names and addresses of all unit members, salaries paid thereto, graduate units beyond B.A. degree, and other information that may be used in negotiations and processing grievances. In addition, the District, upon request, agrees to provide any other information necessary to fulfill the Association role as exclusive representative.

ARTICLE 7 - GRIEVANCE PROCEDURE [Parties have not reached agreement}

7.1        The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare of working conditions of unit members as provided in this Agreement. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

7.1.1        “A Grievance is a formal written allegation by a unit member, group of members, or the Association that there has been a violation, misinterpretation, misapplication, or misimplementation of a term or condition of the contract, except as provided in Sections 13.1.2.4 and 15.3.”

7.2        Pre-grievance Procedure

7.2.1        Prior to the filing of any grievance (contents of grievance set forth at Section 7.3.1.1), the unit member(s) or official representative of the Association shall schedule a conference with the administrator to discuss the problem that could precipitate a grievance. The administrator shall have five (5) working days to consider the problem. The administrator shall schedule a conference and/or present in writing a proposed solution.

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7.2.2        If the representative of the Association meets with the administrator at this level, he/she shall clearly identify the individually affected unit member in order to permit the administrator to understand, clarify, and study a possible remedy.

7.2.3        An Association representative may accompany the unit member at all conference stages of the grievance procedure.

7.3        Formal Level

7.3.1        Level I - Immediate Supervisors Level

7.3.1.1 Within twenty (20) working days after the occurrence of the act or omission giving rise to the grievance or after the grievant knew or should have known of the occurrence of the act or omission giving rise to the grievance, the grievant must present his/her grievance in writing to his/her immediate supervisor. This statement shall be a clear, concise statement of the grievance, the circumstances involved, the decision rendered at the informal conference, and the specific remedy sought.

7.3.1.2 The supervisor shall communicate his/her decision and the reasons therefore to the grievant in writing within five (5) working days after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level.

7.3.1.3 Within the above time limits, either party may request a personal conference.

7.3.2        Level II - Superintendent/Principals Level

7.3.2.1 If the grievant is not satisfied with the decision at Level I, he/she may, within five (5) working days, appeal the decision in writing to the Superintendent or his/her designee.

7.3.2.2 The statement shall include a copy of the original grievance, the decisions rendered, and a clear, concise statement of the reasons for the appeal.

7.3.2.3 The Superintendent or his/her designee shall communicate his/her written decision to the grievant within five (5) working days. Either the grievant, the Superintendent, or his/her designee may request a personal conference within the above time limits. If the Superintendent or his/her designee does not respond within the time limits provided, the grievant may appeal to the next level.

7.3.2.4 If the Superintendent’s decision is acceptable to the grievant, the Superintendent shall take appropriate action to implement the decision.

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7.3.3        Level III - Grievance Mediation

In the event that the grievant is not satisfied with the Superintendent’s decision, the grievant may appeal the decision by requesting, in writing, that the grievance be submitted to mediation. Upon receipt of the written request for mediation, the parties shall request the services of a mediator from the State Mediation/Conciliation Service. The mediator shall attempt to resolve the grievance by exploring settlement options with the parties, although such settlement options shall not be binding on the parties. It is the intent of the parties that the services of the mediator be secured from the State Mediation/Conciliation Service without cost. In the event there is a cost for the mediator, the parties shall discuss alternative options for receiving the services of a mediator.

7.3.4        Level IV - Advisory Arbitration

7.3.4.1 If the parties are unable to reach a settlement in mediation, the Association may, within ten (10) days, appeal the matter to arbitration.

7.3.4.2 The parties shall request a list of arbitrators from the American Arbitration Association. The parties shall follow the selection procedures specified by the American Arbitration Association.

7.3.4.3 The arbitrator shall have no authority to add to, subtract from, or modify the terms of this Agreement, and the arbitrator shall interpret this Agreement in accordance with accepted arbitral standards of contract interpretation.

7.3.4.4 All costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrators travel and subsistence expenses, and the cost of preparing a hearing transcript, shall be borne equally by the District and the Association. All other costs shall be borne by the party incurring them.

7.3.4.5 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this Article.

7.3.4.6 The arbitrator’s award shall be advisory only to the Board which may accept, reject, or modify.

7.4        Time Limits

7.4.1        Time limits provided for at each level shall begin the working day following receipt of the grievance, grievance appeal, or written decision.

7.4.2        Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be considered maximums and every effort should be made to expedite the process. The time limits may, however, be extended by mutual agreement.

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7.4.3        In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following school year, could result in harm to an aggrieved person, the time limits set forth herein will be reduced so that the procedure may be exhausted prior to the end of the school year or as soon as it is practicable.

7.5        Rights of Representation

The unit member alleging a grievance must always be present at the Level I grievance proceeding. An Association representative may always accompany the unit member at all stages of the procedure if requested by the individual unit member.

7.6        No Reprisals

No reprisals of any kind will be taken by the Superintendent or by any member or representative of the administration or the Board and no reprisals of any kind will be taken by any individual unit member, group of unit members, the Association, or any other participant in the grievance procedure by reason of such participation.

ARTICLE 8 – HOURS OF EMPLOYMENT AND OVERTIME

8.1        Initial Employment

Upon initial employment, each Unit Member shall receive a copy of the applicable job description, a specification of the pay rate applicable to his/her position, a statement of the duties of the position, and the Unit Member's regular work site, regularly assigned work shift, days per week, and months per year.

8.2        Work Day and Work Week

8.2.1        The length of the work day and work year shall be designated by the District for each classified position. The starting and ending time of each work day for a position may be changed by mutual agreement between the appropriate supervisor and member assigned to the position.

8.2.2        The hours of a regular full-time Unit Member are eight (8) hour a day, exclusive of lunch, and forty (40) hours a week consisting of five (5) days per week (Monday - Friday). Other flexible forty (40) hour weeks may be established by the District upon consultation with SECU and affected employees. Ten (10), eleven (11) and twelve (12) month employees are considered full-time if they are on a forty (40) hour week.

8.2.3        The District may establish a work day of less than eight (8) hours or a work week of less than forty (40) hours for part-time employees.

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8.2.4        All hours in paid service (e.g., holidays, sick leave, vacation, compensatory time off, and paid leaves) shall count toward meeting the above work week requirements. [E.C. 45128]

8.3        Lunch Period

All unit members having a work day of four (4) hours or more shall be entitled to an unpaid duty-free lunch period of not less than one-half (½) hour. The lunch period for full-time unit members shall be scheduled by the District at or about the midpoint of each work shift. [ E.C. 45180 (b)]

8.4        Rest Breaks

8.4.1        Unit members who are scheduled to work four (4) or more consecutive hours per day are entitled to a 15 minute paid rest period for each 4 hours worked. The break shall be scheduled by the immediate supervisor as appropriate.

8.4.2   Unit members who are employed in two (2) or more positions in the District shall be entitled to the rest breaks herein based on their total daily hours of service.

8.4.3        The District shall make available at each work site an adequate lunch room and rest room facilities.

8.5        Additional Time and Flex Time

8.5.1        Additional time applies to part-time employees only. Any additional time worked, at the request of the District, which does not cause the employee to work over eight (8) hours per day, will be paid at their regular rate. If the additional time is in a different classificatioin, the employee will be paid at Step 1 for that classification, but not less than his or her regular rate of pay.

8.5.2        Flex time is an adjustment of an employee’s regularly scheduled work hours to accommodate occasional personal needs. Unit members may adjust their work schedule by up to 60 minutes per day with the prior approval of their supervisor. Any adjustment of time must be reconciled within five (5) working days. Flex time cannot be used to create overtime.

8.6        Overtime

8.6.1        Overtime is defined to include any District authorized time required to be worked in excess of eight (8) hours in any one (1) day or an excess of forty (40) hours in any calendar week. [E.C. 45128]

8.6.1.1   Additionally, any Unit Member having a work day of four (4) hours or more and a work week of five (5) consecutive days shall receive overtime for any

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work performed on the sixth (6th) or seventh (7th) day of the week. [E.C.

45131]

8.6.1.2 Additionally, a Unit Member having a work day of less than four (4) hours during the work week shall receive overtime for any work required to be performed on the seventh (7th) day following the commencement of the work week. [E.C. 45131]

8.6.1.3  All hours worked in excess of the Unit Member’s regular assignment

shall be approved in advance by the immediate supervisor.

8.6.2        Overtime shall be compensated at the rate of pay equal to one and one-half (1-1/2) times the Unit Member’s regular hourly rate of pay for the overtime work. Shift and special assignment differentials regularly received by the Unit Member shall be included in determining his/her regular rate of pay.

8.6.3        All hours worked on authorized holidays shall be compensated at one and one-half (1-1/2) times the Unit Member’s regular rate of pay in addition to the regular pay. [E.C. 45203, 45205]

8.6.4        A Unit Member may be compensated for overtime by compensating time off as described below.

8.6.5        Overtime work shall be distributed among employees of the same job classification as equally as is practical consistent with District needs.

8.7        Compensatory Time Off

8.7.1        When overtime work is authorized, the District and the Unit Member may agree in advance of the time being worked to provide compensatory time off in lieu of cash. An appropriate form must be completed by the Unit Member and approved by the immediate supervisor in advance.

8.7.2        Compensatory time off shall be granted at the same rate as the appropriate rate of overtime.

8.7.3        Compensatory time off shall be scheduled with the approval of the supervisor.

8.7.4        Compensatory time off shall be taken within twelve (12) months following the month overtime was worked. Any compensatory time off not taken within twelve (12) months after being earned shall be paid in cash. [E.C. 45129]

8.8        Call In, Call Back, and On-Call Time

8.8.1        A Unit Member called to work on a day he/she is not scheduled to work, or called back to work after completion of his/her regular work shift, shall receive a minimum of two

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2. hours pay at either the regular rate or at the overtime rate, as appropriate under the circumstances.

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The current salary schedule for all Unit Members is listed on Appendix A.

9.2        Additional Payments

Any additional pay due a Unit Member as a result of working out of class, recomputation of hours, or for reasons other than procedural errors shall be adjusted to the next regular paycheck.

9.3        Lost Checks/Void Checks

9.3.1        Any paycheck for a Unit Member which is lost after receipt or which is not received within five (5) days, if mailed, shall be replaced no later than five (5) working days following the Unit Member's demand of the payroll department for replacement of the check except when precluded by circumstances beyond the control of the District. The Unit Member must sign for receipt of the replaced check.

9.3.2        Any paycheck which has not been cashed within six (6) months after the date of issuance is void and is no longer a District liability.

9.4        Initial Placement on Salary Schedule

9.4.1        New members with previous school experience shall be given up to 7 years of credit. Previous experience must be in the same classification in which the new unit member is being employed. Otherwise, initial step placement on the salary schedule shall be on step 1 except in cases where the applicant has exceptional experience or when unusual recruitment conditions prevail.

9.4.2        Employees who are voluntarily changing to an equal or higher paid classification shall be placed on the closest step which would not result a loss of pay.

9.4.3        If the unit member is returning to a previously held classification he/she will be placed on the salary schedule based on their years of service in the district plus their initial placement in that classification. Example: A Paraprofessional who has worked in the position for three years moves over to become a School Secretary for two years and then moves back to the Paraprofessional position. That employee would get service credit for the three years as a Paraprofessional plus the two years as a School Secretary when placed on the salary schedule for the Paraprofessional position (5 years of service credit).

9.5        Step Advancement

A Unit Member must be in paid status three-fourths (3/4) of the applicable work year (i.e., full-time or part-time) to receive a step increase at the beginning of the next fiscal year.

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9.6        Monthly Pay Period

All Unit Members shall be paid on a monthly basis payable on or before the last working day of the month. Each Unit Member may elect to have his/her annual pay prorated into either ten

10. or twelve (12) equal payments.

9.7Payroll Errors

Any payroll errors resulting in insufficient payment shall be corrected upon request and a supplemental check issued within five (5) work days. If an overpayment is made to a Unit Member, the District Administration shall provide written notice to the unit member of the overpayment and the reason(s) for the overpayment. If requested, the District Superintendent or designee shall meet with the unit member to explain the overpayment. A repayment schedule shall be agreed upon between the Parties. Except in extenuating circumstances, repayment shall occur within the same tax year.

9.8        Salary Warrants

Unit Members shall be permitted to receive salary warrants in one of the following ways to be determined at the first of the school year: mailed to home, picked up at the District Office, or direct deposit.

9.9        Deduction for Retirement and Social Security

Contributions to P.E.R.S. and O.A.S.D.I. shall be deducted from Unit Member paychecks as required by law.

9.10        Authorized Payroll Deductions

The District shall, upon appropriate written authorization from any Unit Member, deduct and make appropriate remittance for Association dues and fees, insurance premiums, credit union payments, savings bonds, charitable donation, negotiated plans or other plans or programs approved by the District. The Unit Member may revoke, cancel or change

any authorization by providing written notice prior to the first of each month for the end of month paycheck.

9.11        Taxes Withheld

A Unit Member may change the amount of W-4 deductions at any time during the year.

ARTICLE 10 – BENEFITS

10.1        Health, Dental, and Vision Care Benefits

10.1.1        The District agrees to provide the benefits set forth in Appendix A through the California Valley Trust (“CVT”). The Parties agree to be bound by the rules,

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regulations, and procedures established by CVT.

10.1.2 Conditions for Unit Member’s participation including enrollment requirements, eligibility of family members, and coverages are governed by CVT’s master contract of insurance for each plan.

10.1.3        The District shall contribute the amount set forth in Appendix A toward benefit plan premiums for each full-time unit member. The District shall contribute a prorated portion of the amount set forth in Appendix A for each bargaining unit member who works less than a full-time equivalent. The District shall determine the prorated portion of the amount set forth in Appendix A using the following example: A 7-hour employee shall receive 7/8ths of the benefit received by an 8-hour employee.

10.1.3.1.1        A full-time employee is defined as an employee working 8-hours per day.

10.1.3.1.2        A unit member whose regular assignment is less than 4-hours per day is not entitled to any portion of the CAP amount set forth in Appendix A.

10.1.4        In the event that a unit member’s benefit plan premiums exceed the amount contributed by the District as set forth in Section 10.1.3, the District shall deduct the excess cost for benefits in equal monthly installments from the unit member’s pay warrant.

10.1.5        The Parties recognize that CVT is willing to grandfather those current full-time unit members who are not taking insurance through the District’s provider. All other full-time unit members must take medical, dental, and vision through CVT.

members who (1) are over the age of 65, (2) using the District’s Medical CAP to pay for supplemental insurance to Medicare, and (3) the District is unable to arrange a “comparable” plan through CVT.

10.2        Commencement/Duration of Benefits

10.2.1        New unit members are eligible for health insurance benefits the first month in which they commence work.

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10.2.2        Unit members who terminate their employment prior to the close of the school year shall receive a prorated share of the CAP for their last month of paid service with the District. Because the District prepays for insurance through CVT, the unit member’s coverage shall expire at the end of the month following the month in which the unit member resigns.

10.2.3        Should a unit member’s employment terminate on June 30th of a school year, the unit member shall be entitled to continue paid coverage, at his or her full expense, through the end of the month of August of the ensuing school year. The Unit Member shall not receive any portion of the CAP for the month of July.

10.2.4        Unit members on a District-approved unpaid leave of absence shall have the option to purchase District insurance coverage for the period of the unpaid leave of absence. However, the unit member shall not receive any portion of the CAP set forth above. Further, to maintain coverage, the District must receive the monthly premium from the unit member on an unpaid leave of absence prior to the 20th day of the month proceeding the month for which insurance coverage is desired.

10.2.4.1        Section 10.2.4 does not apply to unit members placed on the 39-month reemployment list.

ARTICLE 11 - WORKING CONDITIONS

11.1        Working Conditions

11.1.1        Unit members shall not be required to work in unsafe conditions or to perform tasks that endanger their health or safety.

11.1.2        If, in the opinion of a unit member, a condition is unsafe or hazardous, the unit member shall report the condition in writing to his or her supervisor. Upon notification, the supervisor shall investigate and take appropriate action.

11.1.3        The District will at all times, within the limits of its ability to do so, comply with the California Occupational Safety and Health Act and regulations pertaining to school safety. The District shall provide the Association with a copy of any citation issued by CAL-OSHA rules and will apprise the Association of any new developments regarding the status of the matter, as they occur.

11.1.4        The District shall reimburse the actual cost to replace a unit member’s personal equipment or personal property damaged destroyed, or stolen while on school property as long as the unit member had the prior written approval from the District Superintendent to the use of his/her personal equipment or property at school. The administration shall have full rights to investigation of the loss, as well as rights to recover. (Personal autos are excluded.) The District is entitled to any reimbursement from the unite member’s insurance. The District shall provide pre-approval forms. In an

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emergency situation, the District shall reimburse unit members for the actual cost of replacing personal effects that are lost or damaged in the course of performing duties.

11.1.5        Unit members shall report as soon as possible cases of assault suffered by them in connection with their employment to their immediate supervisor who will take appropriate action to provide for the unit member’s safety. In case of a battery, the action shall include a report of the battery to the Superintendent and to the proper legal authority, as appropriate.

11.2        Miscellaneous Conditions

11.2.1        No unit member shall be required to provide Specialized Health Care Service if the task exceeds the unit member’s training or experience.

11.2.2        Unit members shall not be required to perform Specialized Health Care Services without the expressed authorization from the District, except in an emergency.

ARTICLE 12 – EVALUATION PROCEDURES

12.1        Definitions

12.1.1 Evaluator - An administrator or immediate supervisor designated by the Superintendent to perform evaluations.

12.2        General

12.2.1        The District shall assure uniformity of evaluation standards.

12.2.2  Evaluator and employee will set goals and review job requirements.

12.2.3        As part of the overall evaluation, all performance assessments shall be conducted by the evaluator and shall be based upon his/her direct observation, personal knowledge, or verification by the Unit Member of the work performed by the Unit Member being assessed.

12.2.4        The District shall not require any member of the Bargaining Unit to evaluate another member of the bargaining unit.

12.3        Probationary Employee

12.3.1        The probationary period shall be 9-months from the first date of paid service as a

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probationary employee.

12.3.1.1        The probationary classified unit member’s supervisor may extend the

probationary period to 12-months from the first date of paid service as a probationary employee. Such notice of extension shall be provided to the unit member before the expiration of the 9-month probationary period.

12.4        Evaluation

12.4.1        At a minimum, an evaluation shall be made twice during the probationary period. The District may make interim evaluations whenever necessary. Informal review shall be made by the Superintendent when requested by either party.

12.4.2        The classified evaluation form for probationary employees shall be the instrument of evaluation.

12.4        Termination

12.4.1        A probationary employee may be released at any time during the probationary period without cause and without due process rights.

12.5        Permanent Employee

12.5.1        A unit member shall be evaluated once every two (2) years.

12.5.2        A meeting shall be held between the employee and evaluator to discuss the written evaluation.

12.5.3        Informal review may be made by the Superintendent if requested by either the evaluator or evaluatee. When requested by either party the representative of the Association may be present.

12.5.4        If the employee's performance needs improvement, the evaluator shall initiate a plan for improvement and shall thereafter evaluate annually until the unit member receives a satisfactory evaluation.

12.5.5        Employees who are employed in two (2) different classifications shall be evaluated for each separate classification.

12.5.6        The classified evaluation form for permanent employees shall be the instrument of evaluation.

12.6        Evaluation Placed in Personnel File

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A copy of the completed evaluation, signed by the evaluatee and evaluator, shall be placed in the Unit Member’s file at the District Office. The signing of such document shall not imply agreement with its contents.

12.7        Right of Rebuttal

The Unit Member has the right to submit a written reaction to the evaluation within ten (10) calendar days of receipt of such evaluation. Such response shall become a permanent attachment to the copy of the evaluation in the Unit Member’s personnel file. If such response is filed within ten (10) calendar days of the written evaluation, the evaluation document may be modified or corrected accordingly by the evaluator.

ARTICLE 13 - PUBLIC AND PARENTAL COMPLAINT PROCEDURES [Not sure if Union has agreed to this language]

13.1        Complaints concerning Unit Members shall be made, when appropriate, directly by the complainant to the person whom the complaint is lodged. The complaint must be brought to the unit member’s attention within 30- calendar days of the date when the complainant knew or should have known of the event giving rise to the complaint.

13.2        If the complaint is not resolved pursuant to Section 13.1, the complainant shall arrange, within 5-calendar days of his or her meeting with the unit member, to meet with the unit member’s immediate supervisor to discuss the complaint. The Unit Member shall be informed of the complaint and provided an opportunity to informally respond to his or her immediate supervisor. The immediate supervisor may have the two parties meet if the immediate supervisor believes that would facilitate resolution of the complaint. The immediate supervisor shall notify both parties of his or her suggested resolution to the problem.

13.3        If the complaint is not resolved pursuant to Section 13.2, the complainant shall, within 5-calendar days of the receipt of the immediate supervisor’s suggested solution, put the complaint into writing and submit it to the District Superintendent.

13.4        Failure of the complainant to put the complaint into writing shall result in the complaint being dropped.

13.5        Upon receipt of the completed and signed complaint, the Superintendent shall notify the affected Unit Member(s) in writing and provide the Unit Member(s) with a copy of the complaint. The Superintendent shall investigate, review, and respond to all parties within 30-calendar days of receipt of the complaint. The Superintendent’s decision shall be final.

13.6        Thereafter, in the event the District determines to take adverse action against the Unit Member, such action shall be taken in accordance with the discipline policy.

ARTICLE 14 - DISCIPLINARY PROCEDURES

14.1        Termination of Probationary Employment

14.1.1  At any time prior to the expiration of the probationary period, which is defined in Section 12.3, the Superintendent or designee may, at his/her discretion, dismiss a

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probationary classified employee from district employment. A probationary employee shall not be entitled to a hearing.

14.2        Involuntary Suspension Without Pay, Demotion, Reduction of Pay Step in Class, or Dismissal of

Permanent Classified Employees

14.2.1        Permanent classified employees shall be subject to personnel action (suspension without pay, demotion, reduction of pay step in class, dismissal) only for cause. The Governing Board's determination of the sufficiency of the cause for disciplinary action shall be conclusive.

14.2.2.1.8        Possessing or being under the influence of a controlled substance at work or away from work, or furnishing a controlled substance to a minor.

14.2.2.1.9        Conviction of a felony, conviction of any sex offense made relevant by provisions of law, or conviction of a

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ARTICLE 15 - PERSONNEL FILES

15.1        There shall be a single personnel file for each unit member placed in a District-designated office.

15.2        Materials in the personnel file of a unit member, except as noted below, shall be made available, and an Association representative may review the unit member’s file or accompany the unit member in his/her review of the file. Material, which may be excluded from inspection, shall be limited to ratings, reports, or records, which were obtained prior to the employment of the unit member involved. Unit members shall have the right to obtain a copy of personnel file materials, upon request.

15.3        Information of a derogatory nature, except material excluded in accordance with section 15.2 above, shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. Unit members shall have the right to enter, and have attached to any such derogatory statement, their own comments thereon, within ten (10) working days of discovery. Such review, and any preparation of comments in response to the material and/or statement, shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction at a mutually agreed upon time. If the unit member or the Association determines that the Administration or the Governing Board has violated any provision in this Article, the unit member or the Association may file a grievance pursuant to Article 7. Until any such grievance is resolved, the material shall not be entered or filed unless and until such grievance is resolved. In the event the unit member or the Association’s grievance is upheld, the District may not use such material in any disciplinary action against the unit member.”

15.4        All material placed in a unit member's personnel file shall be dated and signed by the person who caused the material to be prepared.

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15.5        Documents must be signed and dated by the person or persons who draft and/or place material in a unit member’s personnel file.

15.6        Access to a unit member's personnel file shall be limited to a need to know basis. Appropriate administrators shall have access to the file. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the persons who have requested to examine a personnel file, as well as the dates such requests were made. Such log shall be available for examination by the unit member or authorized Association representative.

15.7        Whenever a personnel file is reviewed, an authorized representative of the District shall be present to monitor the safekeeping of its contents.

ARTICLE 16 - TRANSFER/REASSIGNMENT

16.1        Vacancies

A “vacancy” is any unit position that is unfilled and is proposed to be filled by the District.

16.1.1        The District shall post in all work sites for at least five (5) calendar days each vacancy announcement containing at least the following information. A copy of the vacancy announcement shall be provided to the Association at the same time.

16.1.2  The District shall notify all Unit Members during summer recess, or other periods when employees are not on duty, of any vacancies which may arise during the period.

16.1.3        Upon request of the Unit Member, the District shall provide, in writing, the reasons for the Unit Member not receiving the assignment.

16.2        Reassignment

16.2.1        A “reassignment” is a movement of a unit member from one (1) position to another position in the same classification at the same site.

16.2.2        A Unit member may submit a request for a reassignment to the District at any time, whether or not a vacancy exists. A Unit Member may also submit a request for a

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reassignment subsequent to the posting of a vacancy notice pursuant to the posting procedures of this Article.

16.2.3        Involuntary reassignments shall only be made for the following reasons: a decrease in the number of students which requires a decrease in the number of Unit Members, elimination or reduction of program(s) or school closings, an opportunity to succeed in lieu of separation from the District, or in other situations determined to be in the best interest of the students.

16.2.4  If a decrease in the number of students or the elimination of program(s) occurs, the District shall seek volunteers prior to making any involuntary reassignment.

16.2.5        When necessary, the District shall provide assistance in the moving of the Unit Member’s material and equipment whenever a Unit Member is reassigned.

16.2.6        The District may initially assign and reassign unit members. The Superintendent shall consult with all affected employees and the Association before making a reassignment.

16.2.7        Each unit member shall be given written notice at least five (5) calendar days prior to a reassignment.

16.3        Seniority

16.3.1        Seniority, for purposes of Section 16.4 of this article, is defined as the Unit Member’s first date of paid service in a classification and higher classifications in the bargaining unit with the following provisions:

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16.4.1        All qualified applicants for vacant or new bargaining unit positions shall be given full consideration based upon the comparison of experience, evaluations, references, and the interview process

16.4.2        Unit Members shall receive priority consideration for any vacancy unless the District determines, based upon the above listed criteria, that an outside applicant is more qualified.

16.4.3        In the event that the District determines that two (2) or more Bargaining Unit applicants are the most qualified, and the qualifications are substantially the same, the applicant with the greatest seniority shall be given the position.

ARTICLE 17 – REDUCTION IN FORCE

17.1        Seniority by First Date of Paid Service in Classification:

17.1.1        Unit members shall be subject to layoff for lack of work or lack of funds. Whenever a unit member is laid off, the order of layoff within the class shall be determined by length of service in that classification and higher classifications. The unit member who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of layoff (EC 45308).

17.1.2        The definition of seniority is defined by “length of service” to mean the first date of paid service as a probationary classified employee within a classification

17.2        Displacement Rights:

17.2.1        A unit member who receives a layoff notice shall have the right to bump a less senior unit member in that classification. If the unit member, who receives the layoff notice, is the least senior unit member in his or her current classification, the unit member may bump a less senior unit member in an equal or lower classification in which he or she has worked during his or her current employment with the District. The unit member must first attempt to bump into the most recently worked classification.

17.2.2        A unit member, whose assignment has been eliminated, reduced, or taken by another unit member with more seniority, may bump any less senior unit member as long as the unit member is able to work the assignment into which he or she wishes to bump. The unit member must be able to bump into the full assignment, not partial hours. The unit member may bump any assignment within the classification regardless of the hours of the assignment.

17.2.3        A laid-off unit member who is unable to bump into a classification in which he or she has seniority shall have preferential reemployment rights to available positions for which the unit member meets the minimum qualifications over any new outside applicants.

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ARTICLE 18 - LEAVES OF ABSENCE

18.1        Illness and Injury Leave

18.1.4        Verification

18.1.4.1        After any absence due to illness or injury, the bargaining unit member

shall verify the absence by submitting a completed and signed District absence form to the Superintendent/Principal.

18.1.4.2        The District may require written verification by the unit member’s

doctor or practitioner of the unit member’s incapacity if the unit member has been on illness and injury leave for three (3) or more consecutive working days. Such verification shall be required whenever a unit member's absence record shows a pattern of absences or whenever the District suspects that an absence may not be related to illness or injury. For purposes of this section, a pattern of absences shall be considered whenever consistent days of absences occur, specifically including, but not limited to, absences occurring on Fridays, Mondays, and days before and/or after holidays.

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18.1.5        Return to Work

Before returning to work, a unit member who has been absent from work because of a surgery, hospitalization, work-related injury, or any other extended non-industrial medical leave of absence may be asked to submit a release from the unit member’s doctor stating that the unit member is able to return to perform the essential duties of his or her assignment and comment on any needed accommodations or any required restrictions. Based on a reasonable suspicion on the part of the Superintendent/Principal that a unit member may not be fit to return to service, the District may, at the District’s expense, require a second opinion by a physician chosen by the District.

18.1.5.1        For the purposes of this Article, the phrase “extended non-industrial

medical leave of absence” means an absence of five (5) or more consecutive work days.

18.1.6        Notifications

Unit members shall notify the District of their need to be absent as soon as such need is known, so that substitute services may be secured. This notification shall include an estimate of the expected duration of absence. If the absence becomes longer than estimated, the unit member shall again notify the District of the need for a substitute. If the duration of absence is unknown or becomes shorter than estimated, the unit member shall notify the District of his/her intent to return by at least 6:00 p.m. of the working day preceding the day he/she returns.

18.1.7        Transfer of Sick Leave

In addition to all illness/injury leave entitlement that a unit member may accumulate within the District, the unit member may be entitled to all unused illness/injury leave which may have been accumulated while employed in a classified position in another school district, a county office of education, or the State Department of Education, which meets the requirements of Education Code section 45202.

18.2        Use of Sick Leave to Care for an Immediate Family Member

18.2.1        A permanent unit member may use his or her current and accrued Paid Sick Leave to care for an immediate family member’s injury or illness.

18.2.1.1        The phrase “immediate family member” is defined in Section 3.9.

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18.2.2        A probationary classified employee may, subject to the limitations set forth at Education Code section 45191, use the amount of Paid Sick Leave for which they were credited for that school year to care for an immediate family member’s injury or illness.

18.2.2        No unit member may use Paid Differential Leave to care for an immediate family member.

18.3        Differential Illness or Accident Leave

18.3.1        When a person employed in the classified service is absent from his duties on account of illness or accident for a period of five months or less, whether or not the absence arises out of or in the course of employment of the employee, the amount deducted from the salary due him for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill his position during his absence.

18.3.2        The District shall provide each unit member with an accounting of the number of days of illness/injury leave he/she has accumulated, plus the number of days to which the unit member is entitled for the current school year by September 30 and January 31.

18.4        Industrial Accident and Illness Leave

18.4.1        Such leave shall not exceed sixty (60) working days in any one (1) fiscal year for the same accident.

18.4.2        Allowable leave shall not be accumulated from year to year.

18.4.3        Industrial accident or illness leave will commence on first day of absence.

18.4.4  Industrial accident leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under Workers Compensation.

18.4.5        When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the unit member shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.

18.4.6        When entitlement to industrial accident or illness leave has been exhausted, entitlement to other statutory sick leave will then be used; but if a unit member is receiving workers compensation, he/she shall be entitled to use only so much of his/her accumulated or available sick leave, or other available leave which, when added to the workers’ compensation award, provides for a full day’s wage or salary.

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18.4.7        Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California unless the District authorizes the unit member to travel outside the State.

18.4.8        A unit member shall be deemed to have recovered from an industrial accident or illness,

and thereby able to return to work, at such time as the unit member and his/her physician or a Workers’ Compensation-designated physician agree that there has been such a recovery.

18.5        Personal Necessity Leave

18.5.1        Each school year, a unit member may use all of the Paid Sick Leave for which he or she was credited on July 1st of that school year for any reason with the following restrictions and conditions:

18.6        Bereavement Leave

18.6.1        Each unit member is entitled to a leave of absence, not to exceed three (3) days, or five

5. days if the unit member is required to travel 300 miles or more (one way) (Los Angeles included) on account of death of any member of his/her immediate family. No deduction shall be made from the salary of such unit member nor shall such leave be deducted from other leaves.

18.7        Jury Duty Leave

18.7.1        Unit members shall be granted leave, without loss of pay, to appear in court as a witness, other than as a litigant, or to respond to an official court order from duly authorized government agencies, or to serve as a juror.

18.7.2        Any compensation, less any mileage expenses, received for appearance as a witness or from serving as a juror under this section shall be endorsed over to the District so that the unit member’s compensation for any days of absence for the above purposes shall not be in excess of, nor less than, the unit member’s regular pay.

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18.7.3        As a matter of general policy, the District does not normally encourage unit members to seek exemption from or postponement of jury duty except when extenuating circumstances create a hardship for the unit member or the District.

18.7.4        A unit member on jury leave for one (1) semester or less shall be entitled to return to the same assignment held at the time such leave commenced, unless such assignment had been discontinued, in which case the unit member shall be entitled to a comparable position. A unit member on jury duty for more than one (1) semester shall be entitled to return to an assignment comparable to the assignment held at the time such leave commenced. In any case, the assignment of the unit member upon return to work shall be comparable to that held at the time jury leave began.

18.8        Discretionary Leave

18.8.1        Unit members shall be entitled to use five (5) days of paid sick leave for personal (no tell) leave included in the ten (10) days provided in section 18.1.1 of this Article.

18.8.2        Unit members shall notify their immediate supervisor at least two (2) days prior to the

beginning date of the leave except when extenuating circumstances make this impractical or impossible.

18.8.3        Such leave may be used at the discretion of the unit member who shall not be required to explain the reason.

18.8.4        Leave shall be granted based on availability of substitutes. Normally no leave shall be granted on first day of school.

18.9        Personal Leave Without Pay

18.9.1        A unit member may apply and shall be granted an unpaid leave of absence for the remainder of the current school year. The unit member shall furnish the District, upon request, a physician's verification of his/her need for such leave. Such leave may be extended for an additional twelve (12) months, provided that the unit member submits a request by March 1st.

18.9.2        The District may grant a unit member, upon request by March 1st, an unpaid leave of absence for up to one (1) school year to pursue personal endeavors such as, but not limited to, study, exchange teaching, Peace Corps, Vista, or other personal interests. Such leave may be extended for an additional twelve (12) months, provided that the unit member submits a request by March 1st. The District agrees to consider requests for extensions submitted after March 1st.

18.9.3        Personal leaves up to a maximum of two (2) weeks may be granted by the Superintendent. Leaves over two weeks shall require Board approval. Personal leaves shall be granted at the discretion of the Superintendent and/or the Governing Board.

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18.9.4        Unit members granted an unpaid leave of absence should be allowed to continue the District’s fringe benefits at their own expense if the insurance carriers permit such an arrangement.

18.10        Family Medical Leave Act (“FMLA”)/California Family Rights Act (“CFRA”)

18.10.1 General Guidelines

18.10.1.1        The parties hereby incorporate the Federal and State regulations governing FMLA and the Military Caregiver Leave Act (hereinafter collectively referred to as “FMLA”) and the CFRA into this section for eligible bargaining unit members which are not inconsistent with or take away from the agreed upon rights of this contract.

18.10.1.2        These sections referenced herein are not meant to fully set forth the rights and duties of both parties under the FMLA or CFRA.

18.10.1.3        The sections contained herein are not meant to expand or restrict those statutory rights.

18.10.1.4        Before a unit member may initiate any civil or administrative action for the violation of one or more of the rights for a unit member in the FMLA or CFRA, the unit member must first exhaust the contractual grievance process.

18.10.2 Eligibility for FMLA/CFRA

18.10.2.1        In order to be eligible for an FMLA Leave, the unit member must:

18.10.2.1.1        Have been employed for at least 12 months by the District. District shall count any prior service within the last five (5) years unless the Governing Board grants a leave of absence for more than seven (7) years.

18.10.2.1.1.1        If a unit member does not qualify for an FMLA Leave because of the 12-month requirement, the unit member becomes eligible under this section once he or she has been with the District for 12 months even if the unit member is on a non-FMLA Leave at the time [The unit member must have worked 1250 hours before the commencement of the non-FMLA Leave in order to meet the requirements of

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Section 18.9.3.2].

18.10.2.1.2        Have actually worked, not just remained in paid status, for 1250 hours1 with the employer during the 12-month period preceding the leave.

18.10.2.1.3        The District shall count military service within the 12-month period preceding the leave.

18.10.2.2        All public agencies are covered by the FMLA regardless of the number of unit members.

18.10.3 Amount of Unpaid FMLA/CFRA Leave

18.10.3.1        An eligible employee's FMLA Leave entitlement is limited to a total of twelve (12) workweeks2 of leave during any 12-month period for any one, or more, of the following reasons set forth in Section 18.9.5.

18.10.4 Calculation of 12-Month Period

18.10.4.1        For purposes of calculating the 12-month period, the District shall use a “rolling” 12-month period measured backward from the date an employee uses any FMLA Leave.

18.10.5 Qualifying Reasons for Leave

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2

18.10.5.1        The Summerville School District shall grant an eligible unit member an unpaid FMLA Leave of Absence for the following reasons:

18.10.5.1.1        For the birth of the unit member’s son or daughter and to care for the newborn child.

18.10.5.1.2        For the placement of a son or daughter with the unit

member for adoption or foster care.

18.10.5.1.3        To care for the unit member’s spouse, domestic

A full-time classroom instructor is presumed to work 1250 hours per year. All other bargaining unit members must actually work 1250 hours during the previous twelve-month period.

Eligible part-time unit members are entitled to a pro rata share of twelve-work weeks of leave.

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partner3, parent, son, or daughter with a serious health condition.

18.10.5.1.4        When the unit member is unable to work due to the unit member's own serious health condition.

18.10.5.2        Equal application. The right to take leave under FMLA applies equally to male and female unit members. A father, as well as a mother, may take unpaid FMLA/CFRA Leave for the birth, placement for adoption, or foster care of a child.

18.10.6 Unit Member’s Notice Requirements for Foreseeable FMLA Leave

18.10.6.1        A unit member must provide the District with at least thirty (30) calendar days advance notice before FMLA Leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or the planned medical treatment for a serious health condition of the unit member or of a family member.

18.10.6.2        If thirty (30) days’ notice is not practicable, such as because of a lack of knowledge of approximately when the leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.

18.10.6.2.1        “As soon as practicable” means as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case. When a unit member becomes aware of a need for FMLA Leave less than thirty (30) days in advance, it should be practicable for the unit member to provide notice of the need for leave either the same day or the next business day. In all cases, however, the determination of when a unit member could practicably provide notice must take into account the individual facts and circumstances.

18.10.7 Certification

18.10.7.1        An employer may require that a unit member's leave to care for the unit member's covered family member with a serious health condition, or due to the unit member's own serious health condition that makes the unit member unable to perform one or more of the essential functions of the unit member's position, be supported by a certification issued by the health care provider of the unit member or the unit member's

• Domestic Partners are covered only under State Law, not Federal Law. Thus, a certificated employee may use CFRA leave to care for a Domestic Partner.

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family member.

18.10.8 Intermittent Leave

18.10.8.1        A unit member may take FMLA Leave on an intermittent or reduced schedule basis when medically necessary due to the serious health condition of a covered family member or the unit member.

1810.8.2        When a unit member takes FMLA Leave on an intermittent or reduced leave schedule basis, the employer must account for the leave using an increment no greater than the shortest period of time that the employer uses to account for use of other forms of leave provided that it is not greater than one hour and provided further that a unit member's FMLA leave entitlement may not be reduced by more than the amount of leave actually taken.

18.9.9        Unit member’s right to Reinstatement to an Equivalent Position

18.10.9.1        On return from an FMLA Leave, a unit member is entitled to be returned to the same position the unit member held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.

18.10.9.2        A unit member is entitled to such reinstatement even if the unit member has been replaced or his or her position has been restructured to accommodate the unit member's absence.

18.9.10 Compensation While on a FMLA/CFRA Leave of Absence

18.10.10.1        Although a FMLA/CFRA Leave of Absence is an unpaid leave of absence, the District may require or the employee may request to use sick leave (Section 18.1) and differential paid leave (Section 18.2) concurrently with a FMLA/CFRA leave of absence.

18.10.10.2        If a unit member is ineligible to use his or her sick leave or differential leave during the FMLA/CFRA leave because the unit member’s leave is to take care of an immediate family member, the unit member shall continue to receive the same level of health benefits the unit member received prior to the leave as long as the unit member continues to pay his or her portion, if any, of the health benefit premiums.

18.11        Unpaid Military Leave for FMLA-Eligible Employees

18.11.1 General Guidelines

18.11.1.1        On January 28, 2008, President Bush signed into law the National Defense Authorization Act (“NDAA”). The NDAA created two types of

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military leave.

18.11.1.2        The first is referred to as “Qualifying Exigency Leave.”

18.11.1.3        The second kind of Military Leave created by the NDAA is known as “Military Caregiver Leave.”

18.11.2 The parties hereby incorporate into this Agreement the Department of Labor’s (DOL) regulations under the National Defense Authorization Act (NDAA) addressing the two new types of military leave: (1) qualifying exigency and (2) military caregiver leave.

18.11.3 The parties attach, as Appendix C, a copy of DOL’s Frequently Asked Questions concerning the two types of Military Leave.

18.12        Pregnancy-Related Disability Leave

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18.15        Spouse/Domestic Partner on Leave from Military Deployment

18.16        Labor Code section 233 Leave

18.16.1 During any calendar year, a unit member may use up to one half of the sick leave he or she receives for the current school year to attend to an illness of a child, parent, spouse, or domestic partner of the unit member.

ARTICLE 19 - HOLIDAYS

19.1        Eligibility

All Unit Members shall be entitled to the paid holidays listed below provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holidays.

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19.2        Scheduled Holidays

The District agrees to provide all Unit Members with the following paid holidays as set forth on the school year calendar:

New Year’s Day

Martin Luther King Day

Lincoln’s Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Veterans’ Day

Thanksgiving Day (Classified 12-month employees shall not work the Friday after Thanksgiving)

Christmas Day

19.3        Additional Holidays [Not sure if parties are in agreement on this Section]

Based on eligibility stated in Article 19.1, all days declared by the President, Governor of this state, or the Governing Board to be days of public feast, Thanksgiving or holidays applicable to public school employees shall be considered paid holidays.

19.4        Recess Period Holidays

19.4.1        School recess during the Christmas and Easter periods shall not be considered paid holidays for Unit Members except for Christmas Day and New Year’s Day as provided in section 19.4.2.

19.4.2        Regular employees of the District who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two (2) holidays provided they were in paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.

19.5        Weekend Holidays

When a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday shall be

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deemed to be the holiday in lieu of the day observed.

19.6        Holiday Pay

When a Unit Member is required to work on any of the paid holidays, he/she shall be paid compensation or given compensating time off for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half (1-1/2) of his or her regular rate of pay.

ARTICLE 20 - Classified Retirement Benefits

20.1        Eligibility for the Retirement Benefit

The unit member must be 60 years of age or older at the time of retirement.

20.2        Benefit for Number of Years of Service

20.2.1        Fifteen (15) Years of Service

Upon retirement, an eligible member who has worked 8 hours per day (full-time) during the entire course of his or her employment with the District shall receive retirement health and welfare benefits equal to the District’s monthly contribution (at the time the employee retires from CalPERS) for the employee age sixty (60) or older for one year or until eligible for Medicare coverage, whichever comes first.

20.2.2        Twenty (20) Years of Service

Upon retirement, an eligible member who has worked 8 hours per day (full-time) during the entire course of his or her employment with the District shall receive retirement health and welfare benefits equal to the District’s monthly contribution (at the time the employee retires from CalPERS) for the employee age sixty (60) or older for up to three

3. years or until eligible for Medicare coverage, whichever comes first. 20.2.3 Twenty-five (25) Years of Service

Upon retirement, an eligible member who has worked 8 hours per day (full-time) during the entire course of his or her employment with the District shall receive retirement health and welfare benefits equal to the District’s monthly contribution (at the time the employee retires from CalPERS) for the employee age sixty (60) or older up to five (5) years or until eligible for Medicare coverage, whichever comes first.

20.3        A classified employee who has not worked full time for his/ her entire course of employee or a part-time employee shall receive a prorated amount of the District’s monthly contribution limit at the time the unit member retires. Classified employees must be a .50 full-time equivalent (FTE or greater employee to be eligible for health and welfare benefits from the district.)

050619 Version

Any classified employee who elects to participate shall file a written notice of retirement (resignation) with the District office at least 30 days prior to the effective date of retirement. The resignation shall not be effective until the actual retirement date. Eligible classified employees must actually retire from the district to participate in this program.

ARTICLE 21 – LEFT VACANT

ARTICLE 22 - NEGOTIATION PROCEDURES

22.1        Beginning Date of Negotiations

The parties shall meet and negotiate in good faith on negotiable items on a successor Agreement at mutual agreeable times and places. Any Agreement reached between the parties shall be reduced to writing and signed by them.

22.2        Copies of Agreement

The District will assume responsibility for providing each bargaining unit member with copies of the complete Agreement at a time mutually agreed upon after ratification.

22.3        Release Time for Negotiations

The District shall provide reasonable release time for the Association negotiations team for the purpose of at-the-table negotiating.

22.4        Staff in Service

The Superintendent shall schedule a District-wide staff meeting within thirty (30) working days after ratification of this Agreement to in service the staff on the Agreement, its implementation, and the staffs and the Associations obligations to abide by the terms of the Agreement.

22.5        Annual Update

The same procedures described in section 22.4 shall be scheduled in each of the Agreement years.

ARTICLE 23 – NON-DISCRIMINATION

23.1        Discrimination

The District shall not discriminate against any unit member on the basis of, but not limited to, the following: race, color, national origin, religion, sex (including pregnancy, childbirth and related medical conditions), disability, age (40 and older), citizenship status, genetic information, marital status, sexual orientation, gender identity and gender expression,

Agreement Between Summerville Elementary School District

and Summerville Elementary Classified Employees Association, CTA/NEA

40

050619 Version

AIDS/HIV, medical condition, political activities or affiliations, military or veteran status, and status as a victim of domestic violence, assault, or stalking.

23.2        Application Forms

Application forms and oral interview procedures shall not refer to membership in or preferences for employee organizations.

ARTICLE 24 - CONCERTED ACTIVITIES

24.1        During the term of this Agreement, the Association agrees to not engage in any strike (Until it has exhausted the Impasse Process), work stoppage, work slowdown, or any picketing in furtherance of such activity; nor will the Association in any manner encourage any employees of the District to engage in such activities, including the honoring of any union-sanctioned picket lines at District facilities. Nothing in this provision shall prohibit informational picketing which is not in furtherance of any existing strike, work stoppage, or work slowdown which is done during unit member’s non-work hours. During the term of this Agreement, the District agrees not to lock out any unit member(s) of the classified bargaining unit. It is expressly understood that leave provisions of this Agreement shall not be used for any sickout, slowdown, or similar concerted activity.

ARTICLE 25 - MISCELLANEOUS PROVISIONS

25.1        No Reduction or Elimination of Benefits

If it becomes necessary to change the wording of this Agreement, the Association and/or the District shall so inform the other party and request a meeting to discuss and negotiate, if necessary, the proposed changes.

25.2        Agreement Supersedes District Rules and Regulations

25.2.1        This Agreement shall supersede any rules, regulations, or practices of the District, which are or may in the future be contrary to or inconsistent with its terms.

25.2.2        The District may adopt rules and regulations to implement the provisions of this Agreement. When rules and regulations are adopted, the District shall publish in ample time for understanding. A copy shall be sent to the president of the classified association.

25.3        No Arbitrary, Capricious, or Discriminatory Application

The provisions of this Agreement shall not be interpreted or applied in a manner, which is arbitrary, capricious, or discriminatory. Rules, which are designed to implement this Agreement, shall be uniform in application and effect.

25.4        Improvement in Benefits if Law Changes

050619 Version

If the laws of California or the federal government propose or cause possible changes in this Agreement, both teams shall meet and negotiate the implementation of those changes within fifteen (15) working days upon written request of either party.

25.5        Statutory Guarantees

Reduction or elimination of benefits which are brought about by the amendment or repeal of statutory guarantees incorporated into this Agreement shall obligate the parties within fifteen

15. working days of such amendment or repeal to negotiate the implementation of those changes within fifteen (15) working days upon written request of either party.

25.6        Individual Contracts

Any individual contract between the District and an individual unit member shall be subject to and consistent with the terms and conditions of this Agreement.

25.7        Rules of Negotiations

The District and the Association agree that the process of meeting and negotiating shall take place only between designated representatives of the District and the Association. The District, its agents, or representatives will not meet and negotiate with other than designated representatives of the Association; and the Association, its agents, or representatives will not meet and negotiate with other than designated representatives of the District.

ARTICLE 26 - SAVINGS

26.1        Law Changes

If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law by a court of competent jurisdiction, then such provision or application shall be removed from the Agreement. The Parties agree to meet and negotiate a replacement language within ten (10) calendar days of receipt of notification of the court’s decision. The remaining provisions and applications shall continue in full force and effect.

ARTICLE 27 – TERM OF AGREEMENT

27.1        Term of Agreement

This agreement shall take effect upon ratification by the Summerville Elementary School Employees Association and adoption by the Summerville School District Governing Board. This agreement shall be from July 1, 2018, through and including June 30, 2021, and thereafter shall continue in effect year by year until modified, amended, or terminated by action of law or the agreement of the Parties.

050619 Version

27.2        Reopeners

For the 2019-20 and 2020-21 school years, each party shall be permitted to open two (2) articles per school year in addition to Compensation (Article 9) and Benefits (Article 10).

18.2        Signed and entered into this ___________ ___, 2019.

050619 Version

SIGNATURE PAGE

REFLECTS APPROVAL BY A MAJORITY OF THE MEMBERSHIP OF THE ASSOCIATION OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT:

Date:

Chapter President

Summerville Classified Employees Union/CTA/NEA

REFLECTS APPROVAL BY A MAJORITY OF THE MEMBERSHIP OF THE SUMMERVILLE SCHOOL DISTRICT GOVERNING BOARD:

Date:

Board Clerk

Summerville School District Governing Board

050619 Version