contractual agreement el rancho chapter · pdf fileel rancho chapter 107 el rancho chapter 107...

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CONTRACTUAL AGREEMENT

by and between

EL RANCHO UNIFIED SCHOOL DISTRICT

and

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION

and it’s EL RANCHO CHAPTER 107

JULY 1, 2016 – JUNE 30, 2019

TABLE OF CONTENTS

PAGE

ARTICLE

PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

I. RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. DEFINITIONS OF EMPLOYMENT . . . . . . . . . . . . . . . . . . 2

III. NON DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

IV. CHECK OFF AND ORGANIZATIONAL SECURITY . . . . 7

V. EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

VI. MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . 12

VII. ORGANIZATIONAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . 13

VIII. JOB STEWARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

IX. HOURS AND OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . 17

X. COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

XI. EMPLOYEE EXPENSES AND MATERIALS . . . . . . . . . . . 25

XII. HEALTH AND WELFARE BENEFITS . . . . . . . . . . . . . . . 27

XIII. EARLY RETIREMENT BENEFIT PLAN . . . . . . . . . . . . . . 28

XIV. HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

XV. VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

XVI. LEAVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

XVII. TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

XVIII. LAYOFF AND REEMPLOYMENT . . . . . . . . . . . . . . . . . . . 53

i.

XIX. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . 57

XX. WORKING CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 63

XXI. SAFETY CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

XXII. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

XXIII. CONCERTED ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . 66

XXIV. DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

APPENDIX “A”

APPENDIX “B”

APPENDIX “B”

APPENDIX “C”

APPENDIX “D”

APPENDIX "E"

APPENDICES “F thru I”

APPENDIX “J”

APPENDIX “K”

APPENDIX “L”

BARGAINING UNIT CLASSIFICATIONS

CLASSIFIED SALARY SCHEDULE-MONTHLY

CLASSIFIED SALARY SCHEDULE-HOURLY

EARLY LEARNING PROGRAM SALARY SCHEDULE

MEMORANDUM OF UNDERSTANDING Substitute and Short-Term Employees

MEMORANDUM OF UNDERSTANDING Library Media Technicians and Assistants

MEMORANDA OF UNDERSTANDING Signed May 22, 2014, August 22, 2014, October 15, 2014, July 18, 2016.

CLASSIFIED PERSONNEL PERFORMANCE REPORT

PERFORMANCE EVALUATION REPORT – PARAPROFESSIONALS

CATASTROPHIC LEAVE APPLICATION

ii.

1

CONTRACTUAL AGREEMENT 1

by and between 2

EL RANCHO UNIFIED SCHOOL DISTRICT 3

and 4

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION (CSEA) 5

and its EL RANCHO CHAPTER 107 6

7

PREAMBLE 8

This Agreement is made and entered into this 1st day of July, 2016, by and between the EL 9

RANCHO UNIFIED SCHOOL DISTRICT, hereinafter referred to as the ‘’District’’ and the 10

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION (CSEA), and its EL RANCHO 11

CHAPTER 107, collectively hereinafter referred to as “CSEA’’. 12

13

ARTICLE I 14

RECOGNITION 15

The District recognizes the California School Employees Association (CSEA) as the exclusive 16

representative as defined in Government Code Section 3540.1 for all classified employees in 17

appendices attached hereto and incorporated by reference as a part of this agreement. The 18

District agrees that subsequent to this Agreement, if it creates new classifications it shall notify 19

CSEA of its action, describe the classification created including job title, job description, and 20

salary range and indicate whether the position is to be included within the bargaining unit. If 21

CSEA fails to demand to bargain the issue within ten (10) calendar days of notice, no further 22

action is required. If CSEA demands to bargain, the District agrees to meet and discuss whether 23

Top of the Article Table of Contents

2

CSEA has asserted a right to bargain as required by Government Code Section 3540 and as 1

required by the provisions of the Agreement. If there is no resolution of the matter each party 2

may elect those procedures provided by the Public Employment Relations Board (PERB) for the 3

resolution of the dispute(s). 4

5

ARTICLE II 6

DEFINITIONS OF EMPLOYMENT 7

Section 1 “Allocation” is the placement of a class on a salary schedule or rate. 8

Section 2 “Anniversary date” is the date upon which an employee is granted salary step 9

advancement earned by completion of a required six months’ probationary period 10

of service and annually thereafter until the maximum salary step is reached. 11

Section 3 “Bargaining unit work” shall mean those duties specified and/or implied in the 12

adopted job descriptions of those bargaining unit classifications reflected on the 13

bargaining unit salary schedule. 14

Section 4 “Bilingualism” is the ability to speak, read, and write in two languages in a 15

biliterate manner. 16

Section 5 “Bumping right” is the right of an employee to displace an employee with less 17

seniority in a class; said displaced person shall receive forty-five (45) days notice 18

of such bumping intention. 19

Section 6 “Business Days” mean calendar days exclusive of Saturdays, Sundays, and legal 20

holidays. 21

Section 7 “CSEA” is the California School Employees Association. 22


3

Section 8 “Class description” describes the nature and level of duties of positions in a class 1

and also states qualifications that an appointee must possess at the time of hire 2

and that are representative of the full working level for the class. 3

Section 9 “Classification” is the act of placing a position in a class. Each position in the 4

classified service shall have a designated title, a regular minimum number of 5

assigned hours per day, days per week, and months per year, a specified statement 6

of the duties required to be performed by the employees in each such position, 7

and the regular monthly salary ranges for each such position. 8

Section 10 “Compensatory (Comp) time” is authorized time off in lieu of cash for overtime. 9

Section 11 “Demotion” means a reduction from one class to a lower class involving a change 10

of position. (Revised 5/22/90) 11

Section 12 “Differential compensation” means either a reduction in the number of hours 12

required to be actually worked or an increase in salary. 13

Section 13 “Disciplinary action” as defined in Education Code Section 45101 (e) includes 14

any action whereby a permanent employee is deprived of any classification or any 15

incident of any classification in which he has permanence, including dismissal, 16

suspension or demotion, or any reassignment, without his voluntary consent, 17

except a layoff for lack of work or lack of funds. 18

Section 14 “Entry level qualifications” are required and desirable qualifications prescribed 19

for those who wish to compete in examinations for a specific class. 20

Section 15 “Fiscal year” is July 1st to June 30th. 21

Section 16 “Full-time employee” is an employee whose regular working assignment is for 22

forty (40) hours per week. 23


4

Section 17 “Grievant” means an employee or employees of the bargaining unit, CSEA or 1

Chapter 107. 2

Section 18 “Illness” is any pronounced deviation from a normal, healthy state which makes it 3

disadvantageous to the employer and/or detrimental to the employee for him/her 4

to be at work. (This Section added 3/8/83) 5

Section 19 “Incumbent” is an employee assigned to and serving in a position. 6

Section 20 “Industrial accident” is an injury or illness which arose out of and in the course of 7

employment with the District. 8

Section 21 “Involuntary demotion” is a demotion without the unit member’s voluntary 9

consent. 10

Section 22 “Paid status”. An employee is in paid status when receiving compensation for 11

services including vacation, holidays, sick leave or other paid leave of absence. 12

Section 23 “Part-time employee” is an employee whose regular working assignment is for 13

less than forty (40) hours per week. 14

Section 24 “Permanent employee” is a regular employee who has successfully completed the 15

required six months’ probationary period. 16

Section 25 “Personnel file” is the official personnel file maintained in the Human Relations 17

Office. 18

Section 26 “Probationary employee” is a regular employee who will not become permanent 19

until completion of a prescribed probationary period. 20

Section 27 “Promotion” is a change in the assignment of an employee from a position in one 21

class to a position in another class with a higher maximum salary rate. 22


5

Section 28 “Promotional list” is an eligibility list resulting from a promotional examination 1

limited to qualified, permanent employees. 2

Section 29 “Reallocation” is movement of an entire class from one salary schedule or hourly 3

rate to another salary schedule or hourly rate on the basis of either internal or 4

external alignment or a change in the salary-setting basis for the class. 5

Section 30 “Reclassification” is a change in work assignment that substantially changes the 6

kind or level of duties and responsibilities of a position. 7

Section 31 “Reemployment” is the return to duty of an employee who has been laid off. 8

Section 32 “Reemployment list” is a list of names of permanent employees who have been 9

laid off, and who are eligible within 39 months for reemployment without 10

examination in their class or former class. 11

Section 33 “Regular employee” is any employee who has probationary or permanent status. 12

Section 34 “Salary rate” is a specific amount of money paid for a specific period of service. 13

Section 35 “Salary schedule” is a complete list of ranges, steps, and rates of pay established 14

for the classified service. 15

Section 36 “Salary step” is one of the salary levels within the salary range or schedule of 16

rates. 17

Section 37 “Seniority’, for purposes of layoff and reemployment, shall be determined by date 18

of hire in a classification. “Seniority”, for all other purposes, including but not 19

limited to salary placement and longevity pay, shall be determined by date of hire 20

in the District. (Revised 7/9/96) 21

Section 38 “Short-time employee” as designated in Education Code Section 45103, means 22

any person who is employed to perform a service for the District, upon the 23


6

completion of which, the service required or similar services will not be extended 1

or needed on a continuing basis. 2

Section 39 “Student employee” is either a full-time student employed part time by the 3

District where he is enrolled, or a part-time student employed in the District 4

where he is enrolled in any secondary school or college work study program, or in 5

any state or federally-funded work experience program. 6

Section 40 “Substitute employee” is an employee engaged to perform the duties of a position 7

in the absence of the employee who is regularly assigned to that position. 8

Section 41 “Voluntary demotion” is the acceptance of a demotion in lieu of layoff entitling 9

the employee to extended reemployment rights. 10

11

ARTICLE III 12

NON DISCRIMINATION 13

Section 1 The District and CSEA agree not to discriminate in any manner against an 14

employee because of race, color, national origin, religion, ancestry, ethnic 15

heritage, creed, sex, sexual orientation, marital status, age, political persuasion, 16

pregnancy, physical infirmity and/or disability, to the extent prohibited by federal 17

and/or state law. This clause shall recognize the District’s responsibilities to 18

conduct its employment practice in a manner consistent with federal and/or state 19

mandated affirmative action requirements. The District shall consult with CSEA 20

in preparing any affirmative action plan for the District. (Revised 12/13/88) 21

22

23


7

Section 2 CSEA Activity, Grievance Procedure. 1

The District shall not impose or threaten to impose reprisals, to discriminate, or 2

threaten to discriminate against employees, or otherwise to interfere with, restrain, 3

or coerce employees because of their participation in the grievance procedure or 4

CSEA activity. 5

6

ARTICLE IV 7

CHECK OFF AND ORGANIZATIONAL SECURITY 8

Section 1 Except as expressly exempted herein, all bargaining unit members who do not 9

maintain membership in CSEA are required as a condition of continued 10

employment to pay service fees to CSEA. 11

Section 2 CSEA has the exclusive right to have membership dues and service fees deducted 12

by the District from the wages or salary of employees in the classified bargaining 13

unit in accordance with the provisions of this Article. 14

A. The District shall cause payroll deductions to be made in accordance with15

the District’s procedures and CSEA’s dues and service fees schedule of16

payments.17

B. The District shall, without charge, transmit to CSEA the sums deducted18

pursuant to this Article, except that the District shall transmit to a19

designated charitable fund sums deducted in lieu of service fees in the case20

of a bargaining unit member’s bona fide religious objection.21


8

C. The Human Resources Department shall provide CSEA membership1

applications and information as to their choice of the above options to all2

new bargaining unit employees.3

Section 3 Any unit member who has a bona fide religious objection, as defined in 4

Government Code Section 3546.3, to the payment of service fees in support of an 5

“employee organization,” as defined in Government Code Section 3540.1(d), 6

upon application to and approval by the CSEA Legal Department, shall not be 7

required to join, maintain membership in, or pay dues or service fees required as a 8

condition of employment. However such unit member shall be required, in lieu of 9

service fees required by this Article, to pay sums equal to such service fees to any 10

one of the following four designated nonreligious, non-labor, charitable funds 11

exempt from taxation under Section 501 (c) (3) of Title 26 of the United States 12

Internal Revenue Code. 13

A. El Rancho High School Booster Club14 B. Inter-Community Blind Center15 C. American Parkinson’s Disease Association16 D. El Rancho Scholarship Fund17

Section 4 Any unit member claiming this religious objection shall furnish to the CSEA 18

Legal Department a written statement of objection along with verifiable evidence 19

of membership in a religious body whose traditional tenet of teachings set forth 20

objections to joining or financially supporting employee organizations. CSEA’s 21

Legal Department shall make the final determination as to the validity of a 22

religious objection. 23

Section 5 CSEA agrees to indemnify and hold harmless the District, its Governing Board, 24

officers and administrators against any and all claims, demands, costs, lawsuits, 25


9

including attorney fees incurred in defending said persons or District, or any other 1

form of liability or expense, including but not limited to, all court or 2

administrative agency costs, that may arise out of or by reason of action taken by 3

the District for the purpose of complying with this Article. The District shall 4

promptly notify CSEA of any civil, administrative or other action taken against 5

the District as a result of its compliance with this Article. 6

7

ARTICLE V 8

EMPLOYEE RIGHTS 9

Section 1 Personnel Files. 10

Materials in personnel files of employees, which may serve as a basis for 11

affecting the status of their employment are to be made available for inspection of 12

the person involved. Such material is not to include ratings, reports, or records, 13

which (1) were obtained prior to the employment of the person involved; (2) were 14

prepared by identifiable examination committee members; or (3) were obtained in 15

connection with a promotional examination. Every employee shall have the right 16

to inspect such materials upon request, provided that the request is made at the 17

time which such person is not actually required to render services to the District. 18

Employees shall be provided with copies of any derogatory written material ten 19

(10) work days before it is placed in the employee’s personnel file. An employee20

shall have the right to enter and have attached to any such derogatory statement 21

his own comments thereon. Such review shall take place during normal business 22

hours, and the employee shall be released from duty for this purpose without 23


10

salary reduction. Upon written request by an employee, all derogatory materials 1

in that employee’s personnel file shall be sealed after remaining in the file for a 2

period of two (2) years. The seal may be removed pursuant to a court order or 3

upon receipt by the Director/Assistant Superintendent of Human Resources of a 4

written request by the employee or the Superintendent. 5

Section 2 Employee Evaluation Procedures. 6

A. General7

1. The procedures of evaluation are subject to Article XIX, Grievance8

Procedure, of this Agreement. Evaluations that are substantiated by9

facts are not a grievable matter. The District retains sole responsibility10

for the evaluation and assessment of performance of each unit11

member. No grievance arising under this section shall challenge the12

objectives, standards, or criteria determined by the evaluator or13

District, nor shall it contest the judgment of the evaluator.14

2. In addition to assessing the performance of the unit member, one of15

the purposes of evaluation is to promote open and honest16

communication between the unit member and his/her supervisor in17

hopes of achieving a mutual understanding of the expectations of both18

the unit member and the evaluator. All unit members shall be19

evaluated under the following procedures.20

B. Evaluator.21

The evaluator shall be the unit member’s immediate supervisor or next22

higher management level employee who is so designated by the District. The 23


11

evaluator shall not be a unit member. If the employee has more than one 1

immediate supervisor, the supervisors shall develop a composite evaluation with 2

input and consensus from both supervisors. 3

C. Evaluation Period.4

Probationary employees shall be evaluated in writing during their5

probationary period at the end of the second and fifth month of service to the 6

District. Permanent employees shall be evaluated at least once every 24 months 7

not later than May 1, unless the unit member has successfully completed 8

probation during the previous six (6) months. In the case of an unsatisfactory 9

evaluation, the evaluator shall conduct a follow-up evaluation within the 10

following semester. Special evaluations may be initiated by the evaluator when 11

the evaluator judges that some factor is unsatisfactory. 12

D. Written Evaluations.13

1. Each regular and special written evaluation shall be on the form14

approved by the District and CSEA. The unit member shall receive a15

copy of the evaluation at the end of the evaluation conference. A unit16

member may attach his/her written comments to the evaluation within17

10 work days after the evaluation conference. Each written evaluation18

shall be signed by the evaluator. The unit member being evaluated19

shall sign to acknowledge receipt of the evaluation with the20

understanding that such signature signifies receipt of the evaluation21

but not necessarily agreement with its contents. The signatures shall22

be dated. The unit member shall receive one copy of the evaluation,23


12

the evaluator shall retain one copy, and one copy shall be forwarded to 1

Human Resources for placement in the unit member’s personnel file. 2

2. The evaluator shall confer with the unit member regarding the3

evaluation. If the unit member is absent, the evaluator shall confer4

with the unit member upon the member’s return to work. If the5

evaluation of a unit member indicates that some factor is judged6

unsatisfactory by the evaluator, the evaluator shall provide7

recommendations for improvement and schedule a follow-up8

evaluation of the unit member within the following semester.9

(Revised 11/10/80, 6/11/85, 10/17/08)10

Section 3 Distribution of Contract. 11

Within thirty (30) days after the execution of this Contract, CSEA shall print or 12

duplicate and provide without charge a copy of this Contract to every employee in 13

the bargaining unit. Any employee who becomes a member of the bargaining unit 14

after the execution of this agreement shall be provided with a copy of this 15

Contract by CSEA without charge at the time of employment. Each employee in 16

the bargaining unit shall be provided by CSEA without charge a copy of any 17

written changes agreed to by the parties to this Contract during the life of this 18

Contract. (This Section added 3/8/83) 19

20

ARTICLE VI 21

MANAGEMENT RIGHTS 22

It is understood and agreed that the District has all the customary and usual rights, powers, 23

functions and authority to discharge its obligations. Any of the rights, powers or authority which 24


13

the District had prior to the execution of this agreement are retained except for those rights, 1

powers, and functions or authority which are specifically abridged or modified by this 2

agreement, or by any supplement to this agreement arrived at through the process of collective 3

bargaining. 4

5

ARTICLE VII 6

ORGANIZATIONAL RIGHTS 7

Section 1 CSEA shall have the right of access at reasonable times to areas in which 8

employees work and the right to use office equipment, District facilities, 9

institutional bulletin boards, mail boxes, school mail system, and other District 10

means of communication, subject to reasonable regulations. Such reasonable 11

regulations concerning the exercise of these rights shall be as follows: (1) that the 12

use of facilities or equipment will not interfere with the school or site programs; 13

(2) materials for posting shall not be of a derogatory or defamatory nature and 14

may be removed by the District; (3) a copy of all posted material shall be sent to 15

the Superintendent or designee and shall be identified as to organization source. 16

Section 2 A reasonable number of representatives of CSEA shall have the right to receive 17

reasonable periods of release time without loss of compensation when meeting for 18

the purpose of negotiating and for processing of grievances. A list of CSEA 19

representatives who will be in meetings for the purpose of negotiating and the 20

processing of grievances shall be furnished to the District. CSEA representatives 21

shall be permitted to review employee records during normal business hours when 22

accompanied by the employee or upon presentation of a verified written 23

authorization signed by the employee. CSEA representatives shall be allowed to 24


14

review all materials in the personnel record of the employee except matters 1

excluded by law. (Reference: Education Code Section 44031) 2

Section 3 The District shall grant release time to the President of CSEA or his/her designee 3

during his/her term of office on the basis of one day per month for the purpose of 4

conducting CSEA business, and said President shall provide the District with at 5

least three (3) days prior written notice on each such occasion. (This Section 6

added 12/13/88). The District agrees to provide release time to the 7

President/Designee and one (1) other unit member for the purpose of meeting 8

with the Superintendent on a monthly basis. 9

Section 4 CSEA may designate in writing site representatives at all work sites. 10

Section 5 The District shall provide CSEA in October of each year, and on an as-needed 11

basis upon written request from CSEA, a list of bargaining unit employees. This 12

list shall include the names, home addresses, telephone numbers, job 13

classification, site location, date of hire in the District, and date of hire in current 14

classification. 15

Section 6 CSEA shall have the right to appoint bargaining unit members to any District 16

level committee that needs classified employee representation. The District shall 17

provide the names of such committees to the CSEA chapter president and 18

appointment to such committees shall be determined by the president. 19

Section 7 The District shall not contract out work customarily and routinely performed by 20

bargaining unit employees. However, due to the magnitude and complexity of 21

certain work that may not be within the capability of District employees, the 22

District may consider contracting out work on an as-needed basis. 23


15

Section 8 The District agrees to provide up to one and a half hours of release time, inclusive 1

of travel time, for night custodians to attend CSEA chapter meetings and special 2

meetings. CSEA shall provide a copy of the notice of meeting to Human 3

Resources by email prior to the meeting. The custodians shall travel directly from 4

their work site to the meeting and promptly return to their work site at the 5

conclusion of the one hour meeting. If there is a vote to be taken at the meeting, 6

the custodians shall be given first priority for voting. 7

Section 9 The District shall notify the Chapter President or designee by email of the hiring 8

of employees placed in a vacant position as either temporary, short-term, or 9

substitute employees. When possible, the notification shall include the beginning 10

and ending dates of employment. 11

Section 10 The President or designee shall be released from duty without loss of pay to 12

attend quarterly employee orientations for new bargaining unit employees. 13

During the orientation, the President or designee shall receive approximately one 14

hour to conduct a presentation for new bargaining unit employees. New 15

employee orientations, if needed, shall take place quarterly on the first Tuesday of 16

the month with the first meeting of the year in September. 17

Section 11 The district shall provide employees with the position of their immediate 18

supervisor and/or evaluator at sites or departments with multiple administrators. 19

(This Section added 7/1/16). 20

21

22

23


16

1

ARTICLE VIII 2

JOB STEWARDS 3

Section 1 CSEA shall have the right to designate job stewards from among employees for 4

the purpose of assisting employees to settle problems at the lowest level of 5

supervision. 6

Section 2 CSEA shall designate ten (10) District classified employees to be job stewards, to 7

be selected from among the following areas: aides, cafeteria, custodial, 8

maintenance and grounds, secretarial/clerical, warehouse. CSEA shall notify the 9

District in writing of the names of the job stewards selected no later than thirty 10

(30) days following the signing of this Agreement. If a subsequent change is 11

made in the appointment of a job steward, the District shall be advised in writing 12

of such change. 13

Section 3 The following shall constitute the duties and responsibilities of the job stewards: 14

(1) after notifying his/her supervisor, the job steward shall be permitted to leave 15

his/her normal work area during reasonable times in order to assist in the 16

presentation of a grievance. Whenever possible, investigation of a grievance shall 17

occur outside of the employee’s normal working hours. However, should a 18

situation be deemed as requiring on-job investigation in order to achieve a fair 19

resolution of the problem, release time will be granted by a request from the job 20

steward to the Superintendent or his designee; (2) where a job steward’s request 21

to be released from his/her work assignment cannot be immediately granted 22

because his/her absence will adversely affect the level of service or the particular 23


17

job the employee has been assigned to complete, the job steward shall be 1

permitted to leave his/her normal work area no later than the next working day 2

from the date the job steward provided notification. (Revised 12/13/88). 3

ARTICLE IX 4

HOURS AND OVERTIME 5

Section 1 Work Week. 6

The work week shall consist of five (5) consecutive days of eight hours per day 7

and forty hours per week. This article shall not restrict the extension of the 8

regular work day or work week on an overtime basis when such is necessary to 9

carry on the business of the District. 10

Section 2 Work Day. 11

The length of the work day shall be designated by the District for each classified 12

assignment. Any new employees of the District shall be notified prior to the 13

commencement of his/her employment of the length of his/her work day. 14

Section 3 Part-Time Assignment. 15

Any member of the bargaining unit who works an average of thirty (30) minutes 16

or more per day in excess of his or her regular part-time assignment for a period 17

of twenty (20) consecutive working days or more shall have his or her regular 18

assignment adjusted to reflect the longer hours. 19

Section 4 Rest Periods. 20

All bargaining unit employees shall be granted rest periods which, insofar as 21

practicable, shall be in the middle of each work period at the rate of fifteen (15) 22

minutes per four (4) hours worked or major fraction thereof. Thus, an employee 23


18

working six (6) hours or more on a regular day shift assignment will receive a 1

fifteen (15) minute mid-morning rest period and a fifteen (15) minutes mid-2

afternoon rest period. Rest periods of a total of thirty (30) minutes on evening or 3

special work shifts may be scheduled to the mutual convenience of the employees 4

and supervisors. Certain specific time periods may be designated only when the 5

duties of the position require someone to be present at all times. 6

Section 5 Voting Time Off. 7

If an employee’s work schedule is such that it does not allow sufficient time to 8

vote, the District shall arrange to allow sufficient time for such voting by the 9

employee without loss of pay. 10

Section 6 Overtime. 11

All overtime hours as defined in this section shall be compensated at a rate of pay 12

equal to time and one-half the regular rate of pay of the employee for all work 13

performed. Overtime is defined to include any time required to be worked in 14

excess of eight (8) hours in any one day, or in excess of forty (40) hours in any 15

calendar week. All hours worked beyond the work week of five (5) consecutive 16

days shall be compensated at the overtime rate commencing on the sixth 17

consecutive day of work. When overtime is required and assigned at the 18

completion of the employee’s regular assignment, it shall be for a minimum of 19

two (2) hours. If work assignment is completed by employee prior to the two (2) 20

hour minimum, the employee may opt to leave earlier and be paid only for actual 21

time worked. When an employee is required and assigned to return to work after 22

the completion of his/her regular shift, the employee shall be compensated for a 23


19

minimum of three (3) hours pay at his/her regular base hourly wage rate or time 1

and one-half, whichever is greater. The employee shall be informed at least two 2

(2) hours before the completion of his/her shift if there is overtime. Employees 3

assigned to a job in which overtime is scheduled or required shall be given 4

preference for the overtime work. In no event shall this section be used or in 5

anyway circumvent Section 9, Recall Time, or used to replace any other Article or 6

Section of this Agreement. (Revised 11/10/80) 7

Section 7 For the purpose of computing the number of hours worked, the time during which 8

an employee is excused from work because of holiday, sick leave, vacation, or 9

other paid leave of absence shall be construed as hours worked. 10

Section 8 Distribution of Overtime. Overtime among classified personnel will be 11

distributed and rotated in order of seniority as is practically possible within a 12

classification. Regular onsite employees will have first priority for any overtime 13

at their site within their classification. The District shall utilize the classification, 14

which most closely describes the work to be performed, before utilizing any other 15

related classifications. The overtime rotation list will be made available for 16

review by CSEA upon request. 17

Section 9 Recall Time. 18

Any employee recalled to work at the completion of his/her regular assignment 19

shall be guaranteed and compensated for at least four (4) hours of work at his/her 20

appropriate pay rate under this Agreement. 21

Section 10 All hours on holidays designated by this Agreement shall be compensated at two 22

and one-half (2 ½) times the regular rate of pay. 23


20

Section 11 A seniority list shall be established, and overtime shall be offered to each 1

employee in order. If an employee refuses to accept an overtime assignment, said 2

employee shall rotate to the bottom of the list. No refusal of an assignment shall 3

constitute a loss of the right to be offered overtime. (This Section added 9/14/81) 4

Section 12 Hours Worked. 5

For the purposes of computing the number of hours worked, all time during which 6

an employee is in a paid status shall be construed as hours worked. 7

Section 13 Substitute and Short-Term Employees. 8

A. Substitutes and short-term employees, as defined in Education Code section 9

45103, employed and paid for less than 75 percent of a school year, shall not 10

be a part of the classified service. 11

B. If a short-term employee works more than 75 percent of a school year in the 12

same classification, defined in section 45103 as 195 working days, including 13

holidays, sick leave, vacation and other leaves of absence, irrespective of 14

number of hours worked per day, in the same classification, he/she shall be 15

made a permanent employee in that position, and shall receive all appropriate 16

PERS credits, vacation, sick leave, and other leaves retroactively from the first 17

day of employment. 18

C. The District shall make good faith efforts to fill vacant positions within sixty 19

(60) days. 20

21

22

23


21

ARTICLE X 1

COMPENSATION 2

Section 1 The District shall pay salaries as provided in Appendices B and C. 3

4

Longevity pay will be paid according to the following schedule: 5

No. of Years Worked: Pay/Month 10 $60.00 15 100.00 20 150.00 25 200.00 30 250.00

6 Longevity pay will be prorated in accordance with the number of hours 7

worked. 8

Section 2 Paychecks. All regular paychecks of members of the bargaining unit shall be 9

itemized to include all deductions, overtime, additional wage benefits, 10

differentials and longevity. 11

Section 3 Frequency – Twice Monthly. Members of the bargaining unit shall be paid not 12

less than twice per month, payable on the tenth (10th) and on the twenty-fifth 13

(25th) day of the month. If the normal pay date falls on a Saturday or Sunday, the 14

paycheck shall be issued on the preceding Friday. 15

Section 4 Overtime Pay. Any member of the bargaining unit entitled to compensation for 16

overtime worked shall receive the overtime pay on the paycheck for the pay 17

period in which the overtime was worked. 18

Section 5 Payroll Errors. Any payroll error for members of the bargaining unit shall be 19

corrected, and supplemental check issued not more than five (5) working days 20

after the employee provides notice to the Payroll Department of such error. 21


22

Section 6 Special Payments. Any payroll adjustments due a member of the bargaining unit 1

as a result of working out of classification, re-computation of hours, or other 2

reasons other than a procedural error shall be made and a supplemental check 3

issued not more than five (5) working days following notice to the Payroll 4

Department. 5

Section 7 Lost Checks. Any paycheck for a member of the bargaining unit which is lost or 6

not delivered within a reasonable period of time shall be replaced not more than 7

ten (10) working days following the employee’s request to the Payroll 8

Department for replacement of the check. 9

Section 8 Basic Wages. The basic rate of pay for every member of the bargaining unit shall 10

be in accordance with the rates established for each classification as provided for 11

in the regular District schedule which is attached hereto and by reference 12

incorporated as a part of this Agreement. 13

Section 9 When any member of the bargaining unit receives a promotion, which shall be a 14

change of assignment of an employee from a position in one class to a position in 15

another class with a higher salary rate, the employee shall be placed on the higher 16

range that reflects not less than a one (1) step increase on the salary schedule 17

(approximately 5.5%). The only exception to such placement would be in the 18

event the employee’s placement on the schedule would place him/her at a 19

longevity step for which he/she did not qualify. That is, an employee shall be 20

placed at Step 6 or 7 of the salary schedule only if the employee meets the years 21

of service requirements as set forth in the provisions (Appendix B, Step 6 and 22

Step 7) of this Agreement. 23


23

Section 10 Shift Differential. Any member of the bargaining unit whose assigned work shift 1

commences after, or any part of which extends beyond 5:00 p.m. and extends 2

through not later than 8:00 a.m. shall be entitled to a shift differential premium of 3

forty-five cents ($0.45) per hour. This differential shall apply to all hours worked 4

in the normal work shift. (Revised 7/1/89) 5

Section 11 Mileage. No bargaining unit member shall be required to transport students in 6

his/her personal vehicle. Any member of the bargaining unit required to use 7

his/her personal vehicle on District business shall be reimbursed at the rate of 8

fifty-eight and one-half cents ($0.585) per mile on a portal-to-portal basis for the 9

miles driven on behalf of the District. This mileage reimbursement may be 10

changed from time to time in accordance with current IRS regulations. This 11

amount shall be payable in a separate warrant drawn against District funds within 12

ten (10) working days of submission of the claim by the member of the bargaining 13

unit. (Revised 6/11/85, 3/07/02) 14

Section 12 Meals. Any member of the bargaining unit who as a result of an authorized work 15

assignment must have meals away from the District shall be reimbursed for the 16

full cost of the meal not later than twenty (20) working days after submission of 17

the expense claim. Meals will be paid in accordance with Board Policy. 18

Section 13 Bilingual Skills. The District and CSEA mutually agree that a person assigned to 19

the position of “School Secretary” at an elementary school, the position of 20

“Secretary” at a secondary school, or at one of the District Offices who are 21

classified employees and have direct contact with the public may have need of 22

bilingual skills. Therefore, for personnel assigned to the aforementioned 23


24

positions, one additional range on the salary schedule will be granted provided the 1

following conditions are met: 2

A. The administrator to whom one of the aforementioned positions is 3

assigned must submit in writing to Human Resources a signed statement 4

designating the position as bilingual, as well as the rationale for his/her 5

decision. 6

B. The person in the position so designated by an administrator must pass a 7

second language test in the areas of speaking, reading, and writing in order 8

to receive the additional compensation as specified above. 9

Section 14 Alternative Retirement Plan. The District and CSEA agree that the District shall 10

participate in an alternative retirement plan for those classified employees who 11

are not covered by Social Security or Public Employees Retirement Systems 12

(PERS). The alternative retirement plan shall be effective July 1, 1991 and is 13

presently administered by Keenan & Associates. The individual employee’s 14

contribution level shall be 6.2% and the District shall contribute 1.3% for a total 15

contribution of 7.5%. (This Section added 6/10/92) 16

Section 15 Reclassifications. The parties agree to continue their Reclassification and 17

Reallocation Committee to be comprised of District and CSEA representatives to 18

conduct studies on reclassification and reallocation requests submitted by either 19

party. Recommendations from such Committee shall be subject to the 20

negotiations process. The parties agree to work collaboratively and in a timely 21

manner to compile any/all data and information necessary and relevant to such 22


25

negotiations, which shall include, but not be limited to, relevant salary data and 1

job descriptions from other districts as identified by the parties. 2

Section 16 If a Behavior Technician, or an Instructional Aide of any classification, is 3

assigned to an individual student who is absent on any given day, that employee 4

shall be released to call the Special Education Department for possible 5

reassignment to another site for the day. If the employee is reassigned to another 6

site for the day, the District shall pay the employee an additional $1.00 per hour 7

for the reassigned time. If the employee does not have transportation to the 8

reassigned site, the employee shall still call the Special Education Department to 9

report the student’s absence so that he/she can be assigned appropriately at his/her 10

home site. Furthermore, when an employee is reassigned to another site, the 11

employee shall not be penalized for tardiness due to the reassignment as long as 12

they arrive at the reassigned site within thirty minutes of the start of the normal 13

school day at their home site. If the same employee is further reassigned to 14

another site on the same day, he/she shall be provided with additional transit time 15

of no more than thirty minutes. (This Section added 7/1/16). 16

17 18

ARTICLE XI 19

EMPLOYEE EXPENSES AND MATERIALS 20

Section 1 Uniforms. 21

(a) If uniforms or protective clothing are required for any unit employee, the 22

cost of purchase, lease, rental, or replacement of such clothing, equipment, 23

identification badges, emblems, and cards shall be borne by the District. 24


26

(b) The District will provide an additional $40.00 per month for each full-time 1

peace officer. Uniforms must be clean and in good repair at all times. All 2

peace officers shall be required to wear their uniforms while on duty. 3

Section 2 Tools. The District agrees to provide tools, equipment and supplies necessary for 4

the performances of duties as described by the employee’s job description. No 5

employee shall be required to use or provide tools or equipment or his/her 6

personal vehicle in the line of District employment. The District agrees to 7

compensate any employee for loss or damage should said employee be requested 8

to provide the same. 9

Section 3 Physical Examinations. The District agrees to provide the full cost of any medical 10

examination required as a condition of employment, promotion or continued 11

employment. 12

Section 4 Examination for Tuberculosis. All employees upon initial employment by the 13

District shall present evidence of having had an examination (x-ray, or tuberculin 14

skin test followed by an x-ray if the tuberculin test was positive) within the 15

previous sixty days which showed that the new employee was free from active 16

tuberculosis, and each employee must be reexamined every four (4) years for 17

active tuberculosis. Employees will first use the Los Angeles County Health 18

Clinic for a tuberculin skin test. If an x-ray is needed, the employee will be 19

directed to the California Chest X-Ray Mobile Unit. Any employee with a 20

previous record of a positive tuberculin skin test need only take a chest x-ray. 21

The employee shall be reimbursed by the District for the cost of any District-22

required chest x-ray or tuberculin skin test in an amount not to exceed the fee as 23


27

determined by the California Chest X-Ray Mobile Unit. (This Section added 1

11/27/84) 2

Section 5 First Aid Certificate. The District will reimburse the cost of a District-approved 3

Red Cross First Aid class to any employee required to maintain a valid First Aid 4

Certificate as a condition of employment. (This Section added 11/27/84) 5

6

ARTICLE XII 7

HEALTH AND WELFARE BENEFITS 8

Section 1 A. Effective October 1, 2001, the maximum annual amount paid by the 9

District for the cost of premiums for the health (medical, dental, and 10

vision) insurance plans offered by the District for each unit member who 11

works four (4) hours or more per day shall be the sum of the following 12

premiums: 13

1. The higher HMO family medical premium between Kaiser and 14

Health Net; 15

2. The highest single party dental premium; and 16

3. The highest single party vision premium. 17

If the plan selected by the employee is not the plan with the highest single 18

party premium, the employee may use the difference between the 19

premium for his/her plan and the highest premium towards dependent 20

coverage for medical and vision insurance. 21


28

B. The District shall absorb all increases to current plan expenses for the 1

2012-2013 plan year in accordance with the negotiated formula effective 2

October 1, 2001 as shown above. 3

C. In addition to the above, the District will provide $50,000 group term life 4

insurance for all benefit eligible employees beginning no later than 5

November 1, 1999. 6

Section 2 The District’s adopted health (medical, dental and vision) plans will encompass 7

and include all coverage as provided for under Blue Shield, Health Net, Kaiser 8

Foundation Health Plan, Delta Dental Plan, Safeguard Dental Plan, and Vision 9

Service Plan, inclusive of all riders, as currently in full force and effect for the 10

classified employees of the District, or the District shall provide the same level of 11

benefits or better under a different plan. District and CSEA will meet and 12

negotiate any changes in benefit programs or level of benefits. Participation in 13

full family Delta Dental coverage can be done on a voluntary basis at no 14

additional cost to the District. 15

Section 3 An advisory Insurance Committee shall be established for the purpose of 16

reviewing the District’s health plans. Recommendations from this committee 17

shall be submitted to the negotiating teams. 18

19

ARTICLE XIII 20

EARLY RETIREMENT BENEFIT PLAN 21

Effective October 1, 2001, for those unit members retiring on or after July 1, 2000: 22


29

Section 1 The Early Retirement Benefit Plan shall be provided for classified employees who 1

meet the following criteria: 2

A. Eligibility for early retirement under PERS guidelines.3

B. Must have attained age 50 or more.4

C. Employee must have a minimum of ten (10) or more years of continuous5

service in the El Rancho Unified School District.6

Section 2 Classified employees applying for the Early Retirement Benefit Plan must retire 7

and will not be able to continue making contributions to the State PERS 8

Retirement Fund. 9

Section 3 All applicants for the Early Retirement Benefit Plan will be approved by the 10

Board of Education, and no more than 10 percent of the classified employees will 11

be approved in any one year. If more than 10 percent of those eligible apply, 12

selection to the plan will be based upon seniority in the District. All requests for 13

early retirement must be submitted to the Superintendent no later than April 15 in 14

order to be considered for the following year. 15

Section 4 The District shall pay for the District’s health benefits for employees opting for 16

early retirement. Such coverage shall be equal to that of active bargaining unit 17

members and shall continue to age 65 or death of the retiree, whichever comes 18

first. The coverage shall be the same as provided for regular classified employees 19

during each year of participation in the program. 20

Section 5 Retired employees under this plan must provide written notice of their desire to 21

remain under this plan to the Superintendent on a semiannual basis (prior to July 22


30

31 and December 31); otherwise, their coverage will be discontinued. (This 1

Section added 11/10/80) 2

3

ARTICLE XIV 4

HOLIDAYS 5

Section 1 Classified employee shall have the following holidays: 6

New Year’s Eve 7 New Year’s Day 8 Martin Luther King, Jr. Day 9 Lincoln Day 10 Washington Day 11 Memorial Day 12 Independence Day 13 Labor Day 14 Admission Day 15 Veterans Day 16 Thanksgiving Day 17 Thanksgiving Holiday 18 Christmas Eve 19 Christmas Day 20 Post-Christmas Day 21 (Revised 3/8/83, 12/13/88) 22

23 Section 2 Additional Holidays. Every day declared by the President or Governor of this 24

State as a public fast, mourning, thanksgiving, or holiday, or any day declared a 25

holiday by the Governing Board under Education Code Section 37220, 45203-26

45206.5, shall be a paid holiday for all employees in the bargaining unit. 27

Section 3 When a holiday falls on a Saturday, the preceding work day shall be deemed to be 28

that holiday. When a holiday falls on a Sunday, the following day shall be 29

deemed to be that holiday. 30


31

Section 4 Except as otherwise provided in this Article, an employee must be in paid status 1

on the working day immediately preceding or succeeding the holiday to be paid 2

for the holiday. 3

4

ARTICLE XV 5

VACATION 6

Section 1 Vacation. Every regular classified employee, permanent and probationary, shall 7

earn vacation as part of his/her compensation; however, vacation may not be 8

taken while on probationary status. Regular employees who are serving in limited 9

term assignments shall earn vacation during such limited term assignments. 10

Vacation shall also be earned during any paid leave of absence. 11

Section 2 Twelve-month classified employees shall earn one (1) day of vacation for each 12

month worked up to a maximum of twelve (12) days during any school year, 13

except as set forth in Section 4 below. 14

Section 3 Ten month classified employees who are employed on a monthly basis shall earn 15

one (1) day of vacation for each month or major fraction thereof, up to a 16

maximum of ten (10) days during any school year, except as set forth in Section 4 17

below. Vacation pay balance at the close of school shall be paid at the end of this 18

fiscal year. (Revised 6/26/92) 19

Section 4 Based on years of service with the District, the following number of vacation days 20

shall be granted classified employees. This schedule is based on years of service 21

to reflect an increase of vacation days for such extended service. 22

23

24


32

Vacation Earned During Following Years of Service:

DAYS 12-Month

Employees: 11-Month

Employees: 10-Month

Employees: 1 – 3 12 11 10 4 – 5 15 14 13 6 – 9 16 15 14

10 – 15 18 17 16 16 – 20 20 19 18

21 & over 24 23 22 1 (Revised 11/10/80, 10/22/85, 10/24/91) 2

Section 5 Vacation Time may be taken during the year as earned if the probationary period 3

has been completed. Earned vacation pay balances as of June 30, 2013, must be 4

reduced to thirty (30) days by December 31, 2014. Employees shall request 5

vacation time off to use their balance down to thirty (30) days by December 31, 6

taking into consideration known work requirements. If a classified employee is 7

not permitted to take the requested vacation by his/her supervisor, the employee 8

and the supervisor shall notify the Payroll Department in writing that they wish 9

the employee to be paid for the leave balance in excess of thirty (30) days. This 10

section is not intended to include those employees who are working under a 11

special-funded program per Section 11 of this Article. (Revised 11/27/84, 12

10/24/91, 11/18/04) 13

Section 6 A vacation shall be scheduled at times requested by the classified employee so 14

long as the scheduling of said vacation does not interfere with District work 15

requirement at the time the vacation is scheduled to be taken. (Revised 11/10/80) 16

Section 7 When more than one member of the bargaining unit requests the same vacation 17

date and only one employee can be permitted vacation at that time, the employee 18

with the greatest seniority within the District shall receive first choice. (Revised 19

11/10/80) 20


33

Section 8 If a classified employee is not permitted to take his/her full annual vacation, the 1

amount not taken shall accumulate for use in the next year or be paid for in cash 2

at the option of the employee. (Revised 11/10/80) 3

Section 9 Upon separation from service, the employee shall be entitled to a lump-sum 4

compensation for all earned and unused vacation, except that employees who 5

have not completed six (6) months of employment in regular status shall not be 6

entitled to such compensation. 7

Section 10 Bargaining unit members requesting specific vacation dates shall make such 8

requests, in writing, to their immediate supervisor no later than October 1, and 9

approval or denial shall be given to said employee within fifteen (15) days by the 10

employee’s immediate supervisor. (Section added 11/10/80) 11

Section 11 Classified employees employed under State and federally-funded programs shall 12

be paid for their unused vacation entitlement at the end of the fiscal year. 13

(Section added 11/10/80) 14

15

ARTICLE XVI 16

LEAVES 17

Section 1 General Leaves. 18

A leave of absence may be granted to a permanent employee on a paid or unpaid 19

basis at any time upon any terms acceptable to the District and an employee. 20

(Revised 3/8/83) 21

22

23


34

Section 2 Bereavement Leave. 1

A. Employee shall be granted paid leave for bereavement. Such leave shall 2

be a minimum of three (3) days for any member of the immediate family 3

of the employee or spouse. Five (5) days shall be granted for out-of-state 4

travel. The immediate family shall be inclusive of foster or in-law mother, 5

father, grandmother, grandfather, grandchild, brother, sister, son, daughter, 6

uncle, aunt or any step family member. 7

B. One (1) day shall be granted in the event of death of nieces and nephews. 8

C. One (1) day unpaid leave of absence to attend the funeral of a person not 9

listed as a member of the immediate family may be granted not to exceed 10

six (6) days per year. (Revised 3/8/83) 11

Section 3 Judicial Leave. 12

A. Employees will be provided judicial leave for regularly called jury duty 13

and to appear as a witness in court, other than as a litigant. The employee 14

shall request for a leave under this section in writing within three (3) 15

calendar days after receipt of subpoena or jury duty notice. If the 16

employee is called for jury duty during the employee’s work year, the 17

employee may attempt to defer the jury duty for a time that poses less 18

inconvenience to the operation of the District. If summoned for jury duty, 19

a unit member will have the option to submit a District letter to the court 20

seeking postponement of service. 21

B. The employee, while serving as a witness or serving jury duty, will receive 22

pay in the amount of the difference between the employee’s regular 23


35

earnings and any amount received for witness or jury service. The 1

employee shall present the subpoena or jury service verification to his/her 2

immediate supervisor for inclusion as a part of the payroll record. An 3

employee who has received leave of absence under this rule shall make 4

himself/herself available for work during hours when his/her presence is 5

not required in court. 6

Section 4 Military Leave. 7

Employees who are members of any reserve corps of the Armed Services of the 8

United States or the National Guard, or who are inducted, enlisted, or are 9

otherwise ordered to active duty shall be granted such leave and military leave 10

pay as provided by law. 11

Section 5 Sick Leave. 12

A. Each employee shall be entitled to a leave of absence without loss of pay 13

for illness or injury computed on the basis of one (1) day per month for 14

each month worked. 15

B. Pay for any day of such absence shall be the same as the pay which would 16

have been received had the employee served during the day of the illness. 17

C. Credit for sick leave need not be accrued prior to taking such leave and 18

such leave may be taken at any time during the year. However, a new 19

employee of the District shall not be eligible to take more than six (6) days 20

until the first day of the calendar month after completion of six (6) months 21

of active service with the District. 22


36

D. If an employee does not take the full amount of leave allowed in any year 1

under this section, the amount not taken shall be accumulated from year to 2

year. 3

Section 6 Leave for Pregnancy Disability. 4

A. Employees are entitled to use sick leave as set forth in Article XVI, 5

Sections 5 and 9, for disabilities caused or contributed to by pregnancy, 6

miscarriage, childbirth, and recovery therefrom on the same terms and 7

conditions governing leaves of absence for other illness or medical 8

disability. Such leave shall not be used for child care, child rearing or 9

preparation for childbearing, but shall be limited to those disabilities set 10

forth above. The length of such disability leave, including the date on 11

which the leave shall commence and the date on which the duties are to be 12

resumed, shall be determined by the employee and the employee’s 13

physician. 14

B. Employees are entitled to leave or other benefits for disability because of 15

pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave 16

as set forth in Article XVI, Sections 5 and 9, has been exhausted. The date 17

on which the employee shall resume duties shall be determined by the 18

employee on leave and the employee’s physician. 19

C. The employee on leave for pregnancy disability shall be entitled to return 20

to the position held at the time the leave commenced. 21

Section 7 Personal Necessity Leave. 22


37

A. Any days of absence for illness or injury earned pursuant to Education 1

Code Section 45191 and Section 5(a) herein may be used by the employee 2

at his/her election in cases of personal necessity, including any of the 3

following: 4

1) Death of a member of his/her immediate family when additional 5

leave is required beyond that provided in Education Code Section 6

45191 and that provided, in addition thereto, as a right by the 7

governing board. 8

2) Accident, involving his/her person or property, or the person or 9

property of a member of his/her immediate family. 10

3) Appearance in court or before any administrative tribunal as a 11

litigant, party, or witness under subpoena or any order made with 12

jurisdiction, and for which no other leave is provided for in this 13

Agreement. 14

4) Imminent danger to the home of employee occasioned by a factor 15

such as flood or fire, serious in nature and which requires the 16

absence of the employee during his/her working day. 17

5) His/her attendance upon a member of his/her immediate family 18

who is seriously ill or requiring care or attendance. The employee 19

is expected to make other arrangements for the care of the ill 20

person as soon as practicable. 21

6) Any other significant event, personal to the employee, for which 22

paid leave of absence is not authorized, which under the 23


38

circumstances the employee cannot reasonably be expected to 1

disregard, and which requires the immediate attention of the 2

employee during his/her assigned hours of service. 3

B. An employee desiring to use leave provided herein shall submit District 4

Form No. D-28/B. 5

C. Use of personal necessity leave shall not exceed seven (7) days in any 6

school year. 7

Section 8 Industrial Accident and Illness Leave. 8

In addition to any other benefits that an employee may be entitled to under the 9

Workers’ Compensation laws of this State, employees shall be entitled to the 10

following benefits: 11

A. An employee suffering an injury or illness arising out of and in the course 12

and scope of his/her employment shall be entitled to a leave not less than 13

60 working days in any one fiscal year for the same accident or illness. 14

This leave shall not be accumulated from year to year; and when any leave 15

will overlap a fiscal year, the employee shall be entitled to only that 16

amount remaining at the end of the fiscal year in which the injury or 17

illness occurred. (Reference: Education Code Section 45192) 18

B. Industrial accident or illness leave will commence on the first day of 19

absence. 20

C. Payment for wages lost on any day shall not, when added to an award 21

granted the employee under the Workers’ Compensation laws of this 22

State, exceed the normal wage for the day. 23


39

D. The industrial accident or illness leave is to be used in lieu of formal sick 1

leave benefits. When entitlement to industrial accident or illness leave 2

under this Section has been exhausted, entitlement to other sick leave 3

under the Article may then be used. If, however, an employee is still 4

receiving temporary disability payments under the Workers’ 5

Compensation laws of this State at the time of the exhaustion of benefits 6

under this Section, he/she shall be entitled to use only so much of his/her 7

accumulated and available normal sick leave which, when added to the 8

Workers’ Compensation award, provides for a day’s pay at the regular rate 9

of pay. 10

Section 9 Entitlement to Other Sick Leave. 11

When a permanent employee is absent on account of illness or accident for a 12

period five months or less, whether or not the absence arises out of or in the 13

course of the employment of the employee, and the employee has exhausted all 14

earned sick leave benefits under Section 5, industrial accident and illness leaves 15

under Section 8, and/or vacation and compensatory time, he/she shall continue to 16

receive an amount equal to 50 percent of his/her regular pay. Upon return from 17

extended leave as set forth in above paragraph, the employee shall provide a 18

statement from a medical doctor or licensed practitioner stating the reason for the 19

absence and indicating an ability to return to his/her position without detriment to 20

the unit member’s physical and emotional well-being (Revised 3/8/83) 21

Section 10 Break in Service. 22


40

No absence under any paid leave provisions of this Agreement shall be considered 1

as a break in service, and all benefits accruing under the provisions of this 2

Agreement shall continue to accrue during such leave. 3

4

Section 11 Paternity Leave. 5

A two-day leave for paternity or adoption of a child shall be granted for each birth 6

or adoption without loss of pay or sick leave. 7

Section 12 Employment Rights. 8

When all available leaves of absence have been exhausted, and if the employee is 9

not medically able to resume the duties of his/her position, he/she shall, if not 10

placed in another position with his/her consent, be placed on a reemployment list 11

for a period of 39 months. At any time during the prescribed 39 months, the 12

employee shall have the right to be reemployed in any classification on his/her 13

previously held position assignment with his/her consent. His/her reemployment 14

shall take preference over all other applicants except those laid off for lack of 15

work, in which case he/she shall be ranked according to seniority. 16

Section 13 Leaves of Absence for Retraining and Study. 17

The District may grant any classified employee a leave of absence not to exceed 18

one (1) year for the purpose of permitting study by the employee or for the 19

purpose of retraining the employee to meet changing conditions with the District. 20

The Governing Board may provide that such a leave of absence be taken in 21

separate six-month periods or in any other appropriate periods, rather than for a 22


41

continuous one-year period; provided, that the separate periods of leave of 1

absence shall be commenced and completed within a three-year period. 2

Any period of service by the individual intervening between the authorized 3

separate periods shall comprise a part of the service required for a subsequent 4

leave of absence for study or retraining purposes. 5

No leave of absence shall be granted under this Article to any employee for study 6

purposes who has not rendered service to the District for at least seven (7) 7

consecutive years, or for retraining purposes who has not rendered service to the 8

District for at least three (3) consecutive years preceding the granting of the leave, 9

and no more than one such leave of absence shall be granted in each seven or 10

three year period, respectively. The District may prescribe standards of service, 11

which shall entitle the employee to this leave. Any leave of absence granted 12

under this Article shall not be deemed a break in service for any purpose, except 13

that such leave shall not be included as service in computing service for the 14

granting of any subsequent leave under this Article. Every employee granted a 15

leave of absence pursuant to this Article may be required to perform such services 16

during the leave as the Governing Board of the District and the employee may 17

agree upon in writing. 18

Section 14 Restrictions and Exceptions. 19

A leave of absence may be granted to a permanent classified employee upon the 20

written request of the employee and the approval of the Board of Education, upon 21

any terms acceptable to both parties, subject to the following restrictions: 22


42

A. Leave of absence may be granted for any period not to exceed one (1) 1

year except that leave of absence for military service shall be granted as 2

provided by the Education Code and the Military and Veterans Code, and 3

leave of absence for service in the Peace Corps may be granted for a 4

period not to exceed twenty-four (24) months. 5

B. The granting of a leave of absence gives the employee the right to return 6

to the same classification and number of hours as he/she had prior to the 7

leave, but not necessarily the same site. 8

C. Any employee who accepts gainful employment while on a leave of 9

absence for any period of time, automatically terminates his/her 10

employment. 11

D. A leave of absence will not be granted to any employee on a recurring 12

basis except in extreme and unforeseen personal emergencies. 13

E. An employee may make a written request to the Board to return to work 14

prior to the expiration date of the leave. 15

F. Failure to report for duty within three (3) working days after leave expires 16

shall be considered abandonment of the position, and the employee may 17

be terminated by the Board of Education thirty (30) days after notification 18

by Certified Mail at the last known address. (Section added 3/8/83) 19

Section 15 Release Time for Conference Delegates/Site Officers. 20

A. CSEA shall have the right of release time for employees who are State 21

officers to conduct necessary CSEA business. 22


43

B. CSEA shall have the right of release time for CSEA delegates to attend the 1

annual conference. 2

C. CSEA shall have the right to send delegates of their choice to the annual 3

conference for a maximum of five (5) days each without loss of 4

compensation. The number of delegates shall be determined on the basis 5

of two (2) delegates for the first 150 members and one (1) additional 6

delegate for each 100 members or fraction thereof, as reflected on the 7

roster of dues-paying members as of May 30 of each year. This number 8

may be amended if warranted by the membership as reflected on the June 9

30 roster. (Section added 3/8/83) 10

Section 16 Catastrophic Leave. 11

A. CSEA Sick Leave Bank Committee. 12

1. The CSEA Sick Leave Bank Committee shall manage and operate the 13

Sick Leave Bank. The Committee shall be responsible for determining the 14

appropriate amount of days, if any, to distribute to applicants. 15

2. The Sick Leave Bank Committee shall consist of the CSEA President, the 16

CSEA Vice President, and three (3) members at large. The decisions of 17

the Committee shall be final and binding and are not subject to the 18

Grievance Procedures of this contract. 19

3. The Committee may require additional information and validation of 20

illness or injury at the employee’s expense. 21


44

4. The Committee shall not authorize more than 50 days, or 50% of the total 1

available days in the Sick Leave Bank, whichever is less, to any one unit 2

member for a single catastrophic illness or injury. 3

5. The Committee shall receive information pertaining to the amount of days 4

in the bank, and a list of participating members upon request. 5

B. Eligibility, Participation and Membership. 6

1. An employee must have at least one work year’s allotment of sick leave 7

before he/she can participate in the Bank. 8

2. An employee must complete and submit the approved membership 9

application to the Committee by the first Friday in May. 10

3. In order to qualify for consideration for usage of the leave, an employee 11

must: 12

1) Be a current member of the Bank. 13

2) Contribute a minimum of one (1) day of sick leave per year to 14

maintain membership in the Bank. “One day” shall be defined 15

as the regular workday assignment of the employee donating 16

the day. 17

3) Membership in the Bank shall automatically continue from 18

year to year with the transfer of one (1) day from the enrolled 19

employee’s District sick leave to the Bank. Employees may 20

donate a maximum of one-half of their earned yearly sick leave 21

account in any given year provided that they notify the 22

Committee in writing by the first Friday in May. 23


45

4) Upon separation, CSEA employees who are not eligible to1

receive Public Employees’ Retirement System (PERS) service2

credit may elect to donate their unused sick leave days to the3

Catastrophic Leave Bank.4

C. Exclusions.5

The following categories are excluded from Sick Leave Bank benefits:6

Employees with pending and/or approved worker’s compensation claims and7

related illness leaves.8

Illnesses or injuries in the immediate family or anyone other than the9

employee.10

D. Membership Cancellation.11

1. Employees may discontinue participation in the Sick Leave Bank by12

submitting a letter to the Committee indicating their membership13

cancellation. The letter must be submitted by the first Friday in May.14

2. Donations of sick leave days to the Bank are irrevocable and15

nonrefundable.16

E. Request for Sick Leave Days.17

1. Employees who are seeking consideration of Sick Leave Bank days must18

fill out the approved application form and submit the form to the19

Committee. All information must be filled out completely. The20

Committee may reject applications for incompleteness.21


46

2. The Committee shall forward a copy of the application to the District and1

indicate on such application whether the request was approved or rejected2

and if approved, the number of days authorized by the Committee.3

3. In the event that an employee does not utilize all of the approved days, the4

unused days shall be returned to the Sick Leave Bank.5

4. The employee must have exhausted all fully paid leaves of absence,6

including approved workers compensation claims, prior to utilizing the7

Catastrophic Leave Bank.8

9

F. Catastrophic Leave Status.10

1. Employees shall be considered in regular paid status but shall not earn11

vacation or sick leave while utilizing days from the Sick Leave Bank.12

2. Employees shall receive their regular rate of pay for days authorized by13

the Committee.14

G. Sick Leave Bank Days.15

1. All donations of days shall be general in nature. A day donated by an16

employee shall be considered one day for the purpose of the Bank and17

shall not be prorated.18

2. Unused Sick Leave Bank days shall be carried forward to the following19

year.20

H. Hold Harmless.21

It is agreed that CSEA shall indemnify and hold harmless the District, the22

Board of Education and its members, and each member of management,23


47

against any and all claims, demands, lawsuits, or any other action arising from 1

or in connection with the Sick Leave Bank. 2

Section 17 COBRA Benefits. 3

Unit members on leave without pay shall be informed in writing of their 4

eligibility to purchase medical insurance in accordance with state and federal law 5

(COBRA). The unit member shall make arrangements for direct payment to the 6

District of such premiums. 7

8

Section 18 Family Care Leave. 9

Employees in the bargaining unit may utilize this leave consistent with the 10

following procedures: 11

A. An employee with more than one (1) year of service with the District, will12

be granted upon request, unpaid family care leave of up to 12 weeks13

during any 12-month period (leave need not be consecutive), pursuant to14

the provisions contained herein.15

For purposes of this section the term “family care leave” means either:16

1. The birth of a child or to care for a newborn of an employee;17

2. The placement of a child with an employee in connection with the18

adoption or foster care of a child;19

3. Leave to care for a child, parent or a spouse who has a serious20

health condition; or21

4. Leave because of serious health condition that makes the employee22

unable to perform the functions of his/her position.23


48

B. During an unpaid family care leave, an employee shall retain employee1

status with the District, and such leave shall not constitute a break in2

service. If the leave is because of a serious health condition of the3

employee, paid sick leave must be exhausted. The employee may elect to4

use other available leaves to which the employee is also entitled. An5

employee returning from an unpaid family care leave shall retain all6

previously accrued seniority and all accrued and unused leave time.7

C. If an employee’s need for an unpaid family care leave is foreseeable, the8

employee shall provide the District with at least 30 days advance notice;9

for unplanned absences, the employee shall provide the District with as10

much advance notice of the need for such leave as is practicable. If the11

employee’s need for such leave is foreseeable due to a planned medical12

treatment or supervision, the employee shall make a reasonable effort to13

schedule the treatment or supervision to avoid disruption to the operations14

of the District.15

D. When an employee’s request for an unpaid family care leave is due to the16

serious health condition of the employee, or is for the purpose of caring17

for an employee’s child, parent or spouse who has a serious health18

condition, the District may require written medical certification from the19

employee’s medical provider. This information shall be kept confidential20

and shall be maintained by the Human Resources Department. If21

additional leave is available and is required by the employee upon the22

expiration of the time estimated, the employee must request such23


49

additional leave and the District may require an additional medical 1

certification. 2

E. Definitions:3

“Child” – means a child under the age of eighteen (18) years of age, or 184

years of age or older who is incapable of self-care because of mental or5

physical disability. An employee’s child is one for whom the employee6

has actual day-to-day responsibility for care and includes a biological,7

adopted, foster or step-child.8

“Serious health condition” – means an illness, injury, or physical or9

mental condition that involves:10

• Any period of incapacity or treatment in connection with a hospital,11

hospice or residential medical care facility;12

• Any period of incapacity requiring absence from work of more than13

three (3) calendar days, that also involves continuing treatment by (or14

under the supervision of) a health care provider;15

• Continuing treatment of health care provider for a chronic or long-term16

health condition that is incurable or so serious that, if not treated,17

would likely result in a period of incapacity of more than three (3)18

calendar days; or19

• Prenatal care by a health provider.20

F. An employee granted a leave under this provision shall be returned to21

his/her same or comparable position (if it still exists), with the equivalent22

benefits, pay, and other working conditions provided by this Agreement; if23


50

the former position no longer exists, he/she shall be placed in a 1

comparable position with the equivalent benefits, pay, and other working 2

conditions provided by this Agreement; if the former position no longer 3

exists, he/she shall be placed in a comparable position with equivalent 4

salary, benefit, and working conditions. 5

G. An employee taking unpaid family care leave pursuant to this section shall6

continue to be entitled to District-provided health insurance benefits to the7

same extent and under the same conditions as applied at the time the leave8

was initiated. If the employee normally pays a share of the health9

insurance premium, he/she shall reimburse the District for the employee10

portion. If an employee fails to return to work after his/her leave11

entitlement has been exhausted or expires, the District shall have the right12

to recover its share of health plan premiums for the entire leave period,13

unless the employee does not return because of the continuation,14

recurrence, or onset of a serious health condition which would entitle the15

employee to leave, or because of circumstances beyond the employee’s16

control.17

18

ARTICLE XVII 19

TRANSFERS 20

Section 1 Job Site Transfers. To insure the efficient operation of the District, the 21

Governing Board may transfer an employee from one position to another in the 22

same class, provided that such action shall not be made for arbitrary or capricious 23


51

reasons. The transfer shall be made without change in salary rate, anniversary 1

date, accumulated illness leave, and accumulated vacation credit, or in any other 2

manner reflecting adversely upon the rights of the employee; however, transfer 3

shall not be used to alter the incidence of an impending layoff. Reasons for any 4

transfer which is not voluntary shall first be discussed with the employee by 5

his/her immediate supervisor giving consideration to the employee’s stated 6

concerns and/or needs including, but not limited to possible modification of the 7

supervisor’s intent. Upon request, the affected employee shall be provided with 8

the District’s reasons for such transfer. 9

Section 2 Lateral Transfers. When a new position is created or an existing position 10

becomes vacant, the District shall first offer the opportunity to transfer to 11

permanent employees serving in the same class or related class on the same salary 12

schedule. All vacancies shall be posted by the District for not less than six (6) 13

working days at all work locations prior to being filled. Any member of the 14

bargaining unit may apply for transfer to that position by filing a written notice 15

with the Human Resources Department of the District. An employee who has 16

been transferred shall be ineligible to again transfer until at least three (3) months 17

have elapsed from the last transfer. 18

All applications received will be referred to the supervisor under whom the 19

vacancy exists, who will then interview all interested applicants and make his/her 20

selection. 21

If there are three (3) or more transfer applicants, the supervisor will first interview 22

those applicants, although the supervisor is not obligated to make his/her selection 23


52

from the transfer applicants. If there are fewer than three (3) transfer applicants, 1

the supervisor shall utilize the top rank(s) of the appropriate eligibility list so that 2

at least three (3) individuals are interviewed. If the supervisor does not select one 3

of the individuals from either the transfer list or the first rank of the eligibility list, 4

he/she may then interview those individuals from the second rank on the 5

eligibility list. The supervisor may continue interviewing applicants in order of 6

ranking on the eligibility list until a selection may be made. This procedure must 7

be completed before any open or promotional examination may be posted. 8

Employee applicants who are not selected through the above process for either 9

transfer or promotion shall, upon request, be informed verbally with the reason(s) 10

they were not selected in order to improve their viability for future selection. 11

(Revised 11/10/80, 9/14/81, 7/27/94, 3/7/02) 12

Section 3 Medical Transfers. The District shall give less demanding work when the same 13

is available to an employee who has become medically unable, in the opinion of 14

the employee’s physician, to satisfactorily perform his/her regular job 15

classification duties. 16

Section 4 Transfer applicants may submit a resume and two letters of recommendation or 17

may elect to utilize their work history and past evaluations from the employee’s 18

personnel files. The Assistant Superintendent/Director of Human Resources shall 19

be responsible for gathering and submitting the information from the personnel 20

files to the appropriate individual(s). (This Section added 7/1/16). 21

22

23


53

ARTICLE XVIII 1

LAYOFF AND REEMPLOYMENT 2

Section 1 Except as otherwise provided in this Article, restricted, substitute, short-term, and 3

student employees shall not have permanence or seniority. 4

Section 2 Restricted, substitute, short-term, and student employees shall not be used to 5

displace members of the bargaining unit from their positions or deprive a member 6

of the bargaining unit of any incident of his/her employment. Further, a 7

bargaining unit member shall not be displaced by the District by virtue of the 8

assignment of a student teacher to a classroom teacher under and for whom the 9

bargaining unit member is assigned and employed. 10

The District will not abolish classified positions and use volunteers in place of 11

classified employees who are laid off. Volunteers will not be used to perform 12

work previously performed by classified employees. 13

The District may use volunteer aides to enhance its educational program but it 14

will not displace classified employees nor utilize volunteers in lieu of normal 15

employee requirements. 16

Section 3 Layoff shall occur only for lack of work or lack of funds. 17

Section 4 If, for any reason, the District finds it necessary to lay off any employees, the 18

District shall notify both CSEA and the affected employees in writing not later 19

than sixty (60) days prior to the effective date of layoff. Such notice shall specify 20

the reason(s) for layoff and identify, by name and classification, the employees 21

designated for layoff. Failure to give such written notice to the employee shall 22

invalidate the layoff. 23


54

Section 5 At least sixty (60) days prior to effecting a layoff, the District shall meet with 1

CSEA to review and respond to the order of layoff. The District and CSEA shall 2

negotiate the decision to reduce work hours of bargaining unit employees. Any 3

reduction in assigned time shall be accomplished in accordance with this Article. 4

Nothing in this Article or provided in this Agreement shall preclude a layoff for 5

lack of funds in the event of an actual and existing financial inability to pay 6

salaries of classified employees, nor layoff for lack of work resulting from causes 7

not foreseeable or preventable by the Governing Board without the notice 8

required by Section 4. Causes not foreseeable or preventable shall include natural 9

causes; for example, fire, flood and earthquake, or actual and existing financial 10

inability to pay salaries. 11

Section 6 Any layoff shall be effected within a class throughout the District irrespective of 12

the confidentiality of a position. The order of layoff shall be based on seniority 13

within that class throughout the District. 14

Section 7 An employee laid off from his or her present class may bump into his or her 15

former highest paid job class if he or she has greater seniority in the lower class 16

plus higher classes. The employee may continue to bump into lower classes, 17

where qualified, to avoid layoff. Salary placement when bumping to a lower class 18

shall be the highest step on the salary schedule which will not result in a salary 19

increase. 20

Section 8 An employee may accept a layoff in lieu of bumping, with no penalty. 21

Section 9 If two or more employees subject to layoff have equal class seniority, the most 22

senior employee will be determined on the basis of: 23


55

1) Greater hire date seniority; 1

2) Greater permanent status seniority;2

3) Greater hire date in District including substitute time;3

4) Determined by lot.4

Section 10 Laid off persons are eligible for reemployment in the class from which laid off for 5

a thirty-nine (39) month period and shall be reemployed in the reverse order of 6

layoff. Their reemployment shall take precedence over the employment of new 7

applicants for the affected classes. In addition, they shall have the right to apply 8

for promotional positions within the filing periods for such positions and use their 9

bargaining unit seniority therein for a period of thirty-nine (39) months following 10

layoff. 11

Section 11 Eligibles shall be taken from appropriate eligibility lists in the following order 12

when a vacancy exists: 13

First: Reemployment list – persons laid off or demoted for lack of work 14

or lack of funds. 15

Second: Transfer Request. 16

Third: Promotional eligibility list for the class in which the vacancy 17

exists. 18

Fourth: Reinstatement list for the class in which the vacancy exists. 19

Fifth: Open competitive eligibility list for the class in which the vacancy 20

exists. 21

(Section added 11/10/80) 22


56

Section 12 Employees who take voluntary demotions or voluntary reductions in lieu of layoff 1

or to remain in their current positions shall have the same rights enumerated in 2

Section 11 of this Article and shall be eligible for consideration for reemployment 3

for an additional period of up to twenty-four (24) months, provided that the same 4

tests of fitness under which they qualified for appointment to the class shall still 5

apply. 6

Section 13 Employees who take voluntary demotions or voluntary reductions in assigned 7

time in lieu of layoff shall be, at the employees’ option, returned to a position in 8

their former class or to positions with increased assigned time as vacancies 9

become available, and with no time limit, except that they shall be ranked in 10

accordance with their seniority on any valid reemployment list. 11

Section 14 For purpose of this Section, for service commencing or continuing after July 1, 12

1971, “length of service” means date of hire in the District. Nothing contained in 13

this Section shall preclude the granting of “length of service” credit for time spent 14

on military leave of absence, or unpaid illness leave, or unpaid industrial accident 15

leave. (Revised 6/14/93) 16

Section 15 The District shall maintain an updated seniority list indicating all employees’ 17

class seniority; such updated seniority lists shall be compiled and issued to CSEA 18

as of April 1. 19

Section 16 Any employee who is laid off and is subsequently eligible for reemployment shall 20

be notified in writing by the District to return to work. Such notice shall be sent 21

by registered mail to the last address given the District by the employee, and a 22

copy shall be given to CSEA by the District. 23


57

Section 17 An employee must notify the District of his/her intent to accept or refuse recall to 1

employment within five (5) working days following receipt of the recall notice. If 2

the employee accepts recall, he/she must report to work within thirty (30) working 3

days following receipt of the recall notice. A recalled employee need not accept 4

the recall to maintain his/her eligibility on the reemployment list, provided he/she 5

notifies the District of refusal of recall within five (5) working days from receipt 6

of the recall notice. 7

Section 18 Employees shall be recalled to their highest rated job classification in accordance 8

with their class seniority. Employees shall not be penalized in his/her advances 9

on the salary scale because of his/her layoff or demotion. When that employee is 10

recalled, he/she shall be given credit for time served in lower classifications 11

(whether demoted or recalled to such lower classifications) and such time shall be 12

added to his/her new classification so that he/she automatically moves upward on 13

the schedule. 14

Section 19 Any employee who is improperly laid off shall be recalled immediately upon 15

discovery of the error and shall be reimbursed for all time lost subsequent of the 16

layoff date. 17

18

ARTICLE XIX 19

GRIEVANCE PROCEDURE 20

Section 1 Definition. 21

A “grievance” is an allegation by one or more unit member(s) or CSEA that the 22

District has violated, misinterpreted or misapplied a provision of this contractual 23


58

Agreement. All other matters and disputes of any nature are beyond the scope of 1

these procedures. The filing or pendency of a grievance shall not delay or 2

interfere with implementation of any District action during the processing thereof. 3

Section 2 Purpose. The purpose of these procedures is to secure, at the lowest possible 4

administrative level, solutions to grievances. 5

Section 3 Responsibilities. (Informal Level) 6

A. CSEA agrees to encourage any unit member(s) to discuss any perceived7

grievance with the immediate supervisor. The immediate supervisor will,8

upon request of a member or CSEA, discuss the member’s grievance with9

him/her and, if requested, the CSEA representative(s), at a mutually10

satisfactory time.11

B. If unable to resolve the grievance, the immediate supervisor has the12

responsibility to:13

1) Inform the grievant of any limitation of the department’s authority14

to fully resolve the grievance; and15

2) Supply the grievant with the necessary information to process16

his/her grievance with the appropriate agency or authority.17

C. If the grievant is not satisfied with the response at this informal level, the18

grievant must then, within five (5) business days of that response, file in19

writing the formal grievance to the immediate supervisor.20

21

22

23


59

Section 4 Waivers and Time Limits. 1

A. Failure by Administration to reply to the grievance within the time limits2

specified automatically grants to the grievant the right to process the3

grievance to the next level.4

B. If the grievant fails to appeal from one level to the next level within the5

time limits established in this grievance procedure, the grievance shall be6

considered settled on the basis of the last decision and that particular7

grievance shall not be subject to further appeal or reconsideration.8

C. By mutual agreement, the grievance may revert to a prior level for9

reconsideration. Further, by mutual agreement, a grievance may be10

initially filed and processed at Level II consistent with the Level I initial11

filing time limit. In any event, by mutual agreement any relevant time12

limit may be extended to facilitate resolution of the matter in dispute.13

Section 5 Grievant Rights and Restrictions. 14

A. A unit member has the right to the assistance of a CSEA representative in15

the preparation of a grievance, and to represent him/her in formal or16

informal grievance meetings. Any employee who is a party to a CSEA17

grievance may be required by the District or CSEA to be present in18

meetings with Administration for purposes of discussing the grievance. In19

any event, no such unit member or CSEA Chapter # 107 representative20

shall lose compensation otherwise due them for time spent in the21

processing of grievances pursuant to these procedures.22


60

B. A unit member may present his/her grievance to Administration on 1

District time. In scheduling the time, place and duration of any grievance 2

meeting, all parties will give due consideration to the duties each has in 3

the essential operation of the relevant department(s). No grievant shall 4

lose his/her rights because of Administration-imposed limitations in 5

scheduling meetings. 6

C. Any unit member covered by this Agreement may at any time present 7

grievances to his/her employer and have such grievances adjusted without 8

the intervention of CSEA as long as the adjustment is not inconsistent with 9

the terms of this Agreement. The District shall not agree to a resolution of 10

the grievance until CSEA has received a copy of the grievance and the 11

proposed resolution and has been given the opportunity to file a response. 12

Neither the District nor CSEA may be held responsible for any costs, 13

expenses or attorney’s fee incurred by a unit member who elects to 14

process and handle his/her own grievance without the representation of 15

CSEA, and to that end, such grievance(s) shall be accompanied at the time 16

of initial filing by a signed statement to that effect which also formally 17

releases CSEA as the grievant’s representative. 18

Section 6 Procedures. 19

Level I – Supervisor. 20

A formal written grievance shall be filed within twenty (20) business days from 21

the occurrence of the matter on which a grievance is based, or within twenty (20) 22

business days after the grievant knew or should have known of such occurrence. 23


61

The written statement shall be a clear, concise statement of the grievance, 1

including the provisions of this contractual Agreement alleged to have been 2

violated, misinterpreted or misapplied, the circumstances involved, the decision 3

rendered at the informal conference, and the specific remedy sought. The 4

supervisor shall respond to the grievance in writing within five (5) business days. 5

Level II – Superintendent. 6

A. Within five (5) business days from his/her receipt of the decision resulting 7

from the previous level, the grievant may appeal to the Superintendent. 8

B. Within ten (10) business days from the receipt of the grievance, the 9

Superintendent or his/her designated representative who has not been 10

involved in the grievance in prior levels shall make a thorough review of 11

the grievance, meet with the parties involved, and give a written decision 12

to the grievant. 13

Level III – Mediation. 14

Within ten (10) business days from receipt of the decision from the 15

Superintendent or designated representative, the grievant shall request the service 16

of a mediator to be selected by the State Conciliation & Mediation Service. It is 17

the parties’ intent to provide a forum for discussion and possible resolution of the 18

grievance with the assistance of a neutral third party before the grievance 19

proceeds to the next level. 20

21

22

23


62

Level IV – Arbitration. 1

If CSEA is not satisfied with the results of the Level III mediation, CSEA may, 2

within ten (10) business days from the conclusion of mediation, request advisory 3

arbitration by submitting written notice to the District. 4

CSEA and the District shall request that the State Conciliation and Mediation 5

Service supply a panel of five (5) names. If the parties cannot agree upon a name 6

from the list, each party shall alternately strike a name until only one name 7

remains. The remaining panel member shall be the arbitrator. The order of 8

striking names shall be determined by lot. In the alternative, by mutual agreement 9

of the parties, a second list of names may be requested from the State Conciliation 10

and Mediation Service. 11

The arbitrator will hold a hearing as soon as mutually convenient for all 12

concerned. The written recommendation of the arbitrator shall, unless extended 13

by mutual written consent of the parties, be made within forty-five (45) calendar 14

days after the date of final submission. The recommendation of the arbitrator 15

within the limits herein prescribed shall be presented to the District and CSEA. 16

The arbitrator will have no power to add to, subtract or modify the terms of this 17

Agreement or any written policies, rules, regulations and procedures of the 18

District. 19

The costs for the services of the arbitrator, as well as those of the court reporting 20

and transcription services, if any, shall be paid equally by the District and CSEA. 21

22

23


63

Level V – Board of Education. 1

Within forty-five (45) calendar days from receipt of the arbitrator’s 2

recommendation, the Board of Education shall complete its review of the 3

recommendation and issue its written decision. 4

Section 7 Complaint Procedure. 5

Unit members who have a complaint that does not constitute a grievance as 6

defined, may be entitled to use the District’s Complaint Procedure as set forth in 7

the Board’s Administrative Regulations. 8

9

ARTICLE XX 10

WORKING CONDITIONS 11

Section 1 It is understood and agreed that the specific provisions contained in this 12

Agreement shall prevail over District practices and procedures, and all Board 13

policies affected by this Agreement shall be revised to conform with provisions of 14

this Agreement. Any proposed changes in Board policies covering topics falling 15

within the scope of representation not affected by this Agreement shall not be 16

made prior to notice, discussion and agreement with CSEA. Nothing in this 17

Agreement shall preclude CSEA from proposing such change. 18

Section 2 When it is necessary to work an employee out of class for a period exceeding five 19

(5) days within a fifteen (15) calendar day period, the fact shall be reported to 20

Human Resources. Compensation while working out of classification temporarily 21

will be made in the following manner: 22

A. When a regular employee works out of classification in a higher class, 23

his/her rate of pay shall be at the salary range assigned to the first highest 24


64

class at the step which will give him/her an increase above his/her regular 1

rate. The increased rate shall be effective from the first day to the last day 2

of the appointment. 3

B. If an employee receiving differential pay is required to work out of4

classification, he/she shall not lose such compensation if he/she is5

assigned to a shift not entitled to the differential pay, as long as the6

assignment is for 15 working days or less.7

C. Upon termination of the temporary assignment, the temporarily assigned8

employee shall be returned to his/her regular assignment as his/her9

previous rate of pay.10

D. All other limited-term employees shall be paid at the hiring rate of pay for11

regular appointments in the class, as per Education Code Section 45110.12

Section 3 A committee shall be formed of representatives appointed by CSEA to include 13

District peace officers, and District administration for the purpose of developing a 14

handbook of operations and procedures for the District peace officers. 15

ARTICLE XXI 16

SAFETY CONDITIONS 17

Section 1 The District shall be responsible for providing safe working conditions for unit 18

members and for prescribing appropriate safety standards. The District shall not 19

require or permit an employee to work in a place that does not meet the safety and 20

health standards mandated by the California Occupational Safety and Health Act. 21

Section 2 Unit members shall be responsible for complying with District safety standards, 22

including accident and safety reports, and for practicing basic safety measures. 23


65

Unit members shall report to their immediate administrator, preferable in writing, 1

suspected unsafe conditions. 2

Section 3 The District shall investigate all reports of suspected unsafe conditions, and shall 3

take necessary steps to correct conditions, which it identifies as being unsafe. 4

Section 4 The District shall arrange appropriate training for bargaining unit members who 5

customarily work with hazardous or pathogenic materials. 6

Section 5 The Safety Committee shall be composed of five members: two from the District, 7

two from CSEA. The fifth member shall be jointly appointed as chairperson. 8

Section 6 Responsibilities and Action. 9

A. Meet on a bimonthly basis to review any violation or new programs of10

safety.11

B. Inspection on site of possible violations and make recommendation to the12

proper supervisor for corrective action, to be taken in a timely manner,13

with a report to the Committee on completed correction.14

C. Violation may be brought to the Committee by individual employee15

without reprisal.16

Section 7 Any and all safety equipment reasonably necessary or required shall be furnished 17

by the District. 18

19

ARTICLE XXII 20

SEVERABILITY 21

Section 1 If any applicable law or rule, regulation or order in existence or subsequently 22

issued by a governmental authority renders invalid, restrains (compliance with or 23


66

enforcement of) any provision of this Agreement during the life of this 1

Agreement, such provision shall be immediately suspended and given no effect 2

hereunder so long as such law, rule, regulation or order shall remain in effect. 3

Such invalidation of a part of portion of this Agreement shall not invalidate any 4

remaining portions which shall continue in full force and effect. 5

Section 2 In the event of suspension or invalidation of any Article or Section of this 6

Agreement, the parties agree to contact each other within thirty (30) days after 7

such determination. 8

9

ARTICLE XXIII 10

CONCERTED ACTIVITIES 11

It is agreed and understood that there will be no strike, work stoppage, slow-down, picketing, 12

other concerted activities, or refusal or failure to perform job functions and responsibilities, or 13

direct interference with the operations of the District by CSEA or by its officers, agents, or 14

members during the term of this Agreement, including CSEA compliance with the request of 15

other labor organizations to engage in such activity. 16

CSEA recognizes the duty and obligation of its representatives to comply with the provisions of 17

this Agreement and to make every effort toward inducing all employees to do so. In the event of 18

a strike, work stoppage, slow-down or other interference with the operations of the Board by 19

employees who are represented by CSEA, CSEA agrees in good faith to make every effort 20

within its law and power to stop those unit members from participating in such activities. 21


67

It is understood that the rights enjoyed under this Agreement and applicable law shall not be used 1

to violate this Article. The District will not authorize or permit any lockout of members of the 2

unit during the term of this Agreement. 3

The District shall make reasonable effort to provide safe working conditions for unit members in 4

the event of a work stoppage, slow-down, picketing or other concerted activities by members of 5

another bargaining unit(s). The District may authorize the employees to return home without 6

loss of benefits until such time as the concerted activities cease. 7

8

ARTICLE XXIV 9

DURATION 10

Section 1 This shall be a three (3) year agreement effective July 1, 2016, and continuing to 11

June 30, 2019, and from year to year thereafter unless, at least one hundred 12

twenty (120) days prior to June 30, 2019, or at least one hundred twenty (120) 13

days prior to any subsequent anniversary date thereafter, either party serves 14

written notice upon the other party of its desire to terminate, amend or alter this 15

Agreement. If the notice given is one of a desire to alter or amend this 16

Agreement, the party serving such notice must deliver to the other party, at least 17

ninety (90) days prior to June 30, 2019, or at least ninety (90) days prior to any 18

subsequent anniversary date thereafter, a written document setting forth the 19

changes desired. 20

Section 2 Continuation. The Agreement will remain in full force and effect until a 21

subsequent contract is negotiated and ratified by both parties. 22


68

Section 3 Reopeners. For 2016-2017, the parties shall reopen negotiations on 1

Compensation, Health and Welfare Benefits, and one additional Article as 2

designated by each party. In addition, CSEA and the District will negotiate 3

implementation, if any, of the recommendations made by the Reclassification and 4

Reallocation Committee established by this Agreement. 5

Date of This Agreement: July 1, 2016 6


RANGE234567

1887 1991 2103 2217 2341 2472 260910.89 11.49 12.13 12.79 13.51 14.26 15.05

2122 2241 2365 2496 2638 2783 293712.24 12.93 13.64 14.40 15.22 16.06 16.94

2241 2365 2496 2638 2783 2937 310212.93 13.64 14.40 15.22 16.06 16.94 17.90

2496 2638 2783 2937 3102 3274 345714.40 15.22 16.06 16.94 17.90 18.89 19.94

2638 2783 2937 3102 3274 3457 364815.22 16.06 16.94 17.90 18.89 19.94 21.05

1984 2090 2207 2326 2457 2593 273711.45 12.06 12.73 13.42 14.18 14.96 15.79

*Step 6 Upon completion of seven years service in the District.

**Step 7 Upon completion of seventeen years service in the District.

EL RANCHO UNIFIED SCHOOL DISTRICTAPPENDIX "C"

2016-2017EARLY LEARNING PROGRAM SALARY SCHEDULE

(Additional 3.16% Increase Effective 7-1-16)

RANGE

NUMBER STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 *STEP 6 **STEP 7

Board Approved: August 18, 2016

Child Care AttendantClerk Typist IClerk Typist IISchool SecretarySchool Secretary/BilingualToddler Teacher Assistant

7

6

5

4

3

2

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