csea orange field office

Employment gives health, sobriety, and morals. Constant

employment and well-paid labor produce general

prosperity, content, and cheerfulness.

- Daniel Webster

Employment gives health, sobriety, and morals. Constant

employment and well-paid labor produce general

prosperity, content, and cheerfulness.

- Daniel Webster

CSEA Orange Field Office 4

Know YourKnow Your

RightsRights

California School California School Employees Association Employees Association

Orange Field OfficeOrange Field Office

CSEA Orange Field Office 5WagesWagesWagesWages

Classified Employees’

Earned Wages Are Their Property!

Classified Employees’

Earned Wages Are Their Property!

6

Classified employees must Classified employees must receive their pay at least once a receive their pay at least once a month.month.

Classified employees must Classified employees must receive their pay at least once a receive their pay at least once a month.month.

Errors in salary must be corrected Errors in salary must be corrected within five days following the within five days following the verification of an error.verification of an error.

Errors in salary must be corrected Errors in salary must be corrected within five days following the within five days following the verification of an error.verification of an error.

Once you have earned your Once you have earned your wages, you are entitled to receive wages, you are entitled to receive them in full. You must be them in full. You must be compensated for all hours compensated for all hours worked. This includes all time worked. This includes all time you are on dutyyou are on duty.

Once you have earned your Once you have earned your wages, you are entitled to receive wages, you are entitled to receive them in full. You must be them in full. You must be compensated for all hours compensated for all hours worked. This includes all time worked. This includes all time you are on dutyyou are on duty.

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Upon initial employment or Upon initial employment or change in classification, change in classification, classified employees must classified employees must receive a copy of their job receive a copy of their job description, salary data, work description, salary data, work location, work hours and work location, work hours and work week.week.


You must accrue at least 5/6 of a day You must accrue at least 5/6 of a day for each month you are in paid status.for each month you are in paid status.

After the initial six months of After the initial six months of employment vacation becomes a vested employment vacation becomes a vested right.right.

Classified Classified Employees Employees

Are Entitled toAre Entitled to VacationVacation


Classified Employees Are Entitled To HolidaysHolidays

All classified employees are entitled to eleven paid holidays provided they are in paid status during any portion of the working day immediately preceding or succeeding the holiday.

Classified employees are entitled to any day declared by the governor or president as a day of public fast, thanksgiving or holiday.



Mandatory holidays are: New Years Day, Martin Luther King Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Fourth of July, Labor Day, Admission Day, Veterans Day, Thanksgiving and Christmas.

Mandatory holidays are: New Years Day, Martin Luther King Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Fourth of July, Labor Day, Admission Day, Veterans Day, Thanksgiving and Christmas.

“Take full account of what excellencies which you possess, and in gratitude remember how you would hanker after them, if you had them not.”

- Marcus Aurelius


Classified Employees Classified Employees Are Entitled ToAre Entitled To

Sick LeaveSick Leave Classified employees are entitled Classified employees are entitled

to twelve days leave of absence to twelve days leave of absence for illness or injury with full pay, for illness or injury with full pay, for a fiscal year of service.for a fiscal year of service.

Sick leave is prorated for those Sick leave is prorated for those employees who work less than full employees who work less than full time.time.

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New employees are entitled to New employees are entitled to six days of sick leave for the six days of sick leave for the first six months of first six months of employment.employment.

The district must carry over The district must carry over into the new fiscal year all into the new fiscal year all unused sick leave.unused sick leave.

Sick leave is not a property Sick leave is not a property right but can be transferred right but can be transferred from one district to another from one district to another and used to augment your and used to augment your PERS retirement.PERS retirement.


Classified employees are entitled to additional sick leave for a period of up to five months, which runs concurrently with accrued sick leave.

Utilization of sick leave during this period could result in a salary deduction equal to an amount paid a substitute employee to fill your position during your absence.

Classified Classified Employees Are Employees Are

Entitled To Entitled To

Additional Sick Additional Sick LeaveLeave


Classified employees may be entitled to 100 half-days of sick leave instead of the five months.

Classified employees are entitled to medical leave under the FMLA and CFLA.


Personnel Files and Personnel Files and Related MattersRelated Matters

Personnel Files and Personnel Files and Related MattersRelated Matters

Your personnel file is defined by law as any files, papers, records or other materials which may serve as a basis for affecting the status of your employment.

Your personnel file is defined by law as any files, papers, records or other materials which may serve as a basis for affecting the status of your employment.


You are not entitled to see ratings, reports, or information obtained prior to your employment and/or tests which would identify the person responsible for conducting the employment exam.

You are not entitled to see ratings, reports, or information obtained prior to your employment and/or tests which would identify the person responsible for conducting the employment exam.

Classified employees have the right to see their personnel files.

Classified employees have the right to see their personnel files.


• Personnel Files kept by supervisors are not an

employee’s official personnel file.

• Personnel Files kept by supervisors are not an

employee’s official personnel file.

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Classified Employees Are Entitled to Classified Employees Are Entitled to

Leaves of Absence for Leaves of Absence for

Industrial Accident and IllnessIndustrial Accident and Illness

When an employee has suffered an industrial When an employee has suffered an industrial accident or illness, such employee shall be entitled accident or illness, such employee shall be entitled to a paid leave of absence for not less than 60 to a paid leave of absence for not less than 60 working days in any one fiscal year for the same working days in any one fiscal year for the same accident .accident .


Industrial accident or illness leave may Industrial accident or illness leave may be coordinated with a workers be coordinated with a workers compensation award.compensation award.

Contact your Labor Relations Contact your Labor Relations Representative to insure your rights Representative to insure your rights are protected.are protected.


Bereavement leave is either three days or five days if out of state travel is required.

Classified employees are entitled to bereavement leave for a death of an immediate family member.

“Immediate family member” is usually defined in your collective bargaining agreement.

Bereavement leave rights may be expanded via the negotiations process.

Bereavement leave is either three days or five days if out of state travel is required.

Classified employees are entitled to bereavement leave for a death of an immediate family member.

“Immediate family member” is usually defined in your collective bargaining agreement.

Bereavement leave rights may be expanded via the negotiations process.


Bereavement Leave

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Classified Classified Employees May Be Employees May Be

Entitled ToEntitled To Pregnancy

and/or Family Medical Leave Leaves of absence for this purpose may or may not

be with pay.

Classified employees may also be entitled to twelve weeks of paid or unpaid leave each calendar year for care associated with the birth or adoption of a child, the placement of a foster child and care of a family member who is seriously ill. Health and welfare benefits must be provided during the leave on the same basis as if the employee were actively employed. Check your collective bargaining agreement.



Personal Leave Classified employees can use up to seven days

of sick leave for reasons of personal necessity.

Personal necessity can be used to expand bereavement leave, family care leave, to appear in any administrative forum, or when there has been an accident involving the employee, his/her property, or a member in their immediate family.

Check your collective bargaining agreement.


Classified Employees AreClassified Employees Are

Entitled To Entitled To

Jury Duty LeaveJury Duty Leave

Employees are generally required to turn into the district any juror pay received.

It is illegal for the district to directly or indirectly suggest that an employee seek an exemption from jury service.

Employees are generally required to turn into the district any juror pay received.

It is illegal for the district to directly or indirectly suggest that an employee seek an exemption from jury service.


This provision applies when there is a declared national or state emergency.

Within six months of honorable discharge, the employee is entitled to return to their position with the district.

This provision applies when there is a declared national or state emergency.

Within six months of honorable discharge, the employee is entitled to return to their position with the district.

Public Employees Are Entitled To Public Employees Are Entitled To

Military Leave


Discipline Discipline and Due and Due ProcessProcessEmployees Have The Employees Have The Right To Right To Due ProcessDue Process

Employees may only be discharged for “cause”.

Employees have a property right to continuing employment in their classification.


Employees Must Receive Employees Must Receive Notice of Disciplinary ActionNotice of Disciplinary Action

Merit System districts have personnel commission rules that govern the discipline process.

Employees Have The Right To Employees Have The Right To Be RepresentedBe Represented

In any meeting that could lead to

discipline, by their union or attorney.

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Sexual

Harassment Defined as any Unwelcome or Unwanted Sexual

Attention

...makes an employee feel uncomfortable and causes problems on the job

…requests for sexual favors and other continuous verbal or physical conduct of a sexual nature

… made either explicitly or implicitly as a term or condition of employment

… submission to or rejection of such conduct is used as the basis of employment decisions

… must be severe and pervasive enough to interfere with work performance

A great pleasure in life is doing what people say you cannot do.- Walter Bagehot


Classified EmployeesClassified Employees

Cannot be Denied Employment - Advancement for DISCRIMINATORY

REASONS

Classified EmployeesClassified Employees

Cannot be Denied Employment - Advancement for DISCRIMINATORY

REASONS

• ... age, ancestry, disability, marital ... age, ancestry, disability, marital status, nationality, national origin, status, nationality, national origin, race, religion, sex, sexual race, religion, sex, sexual orientation are protectedorientation are protected

•… … cannot be asked and do not have cannot be asked and do not have to answer questions about.to answer questions about.

• … … enforced through contract, enforced through contract, EEOC (federal) and DFEH (state) EEOC (federal) and DFEH (state) AgenciesAgencies

• … … involve your Labor Relations involve your Labor Relations Representative earlyRepresentative early

• Title VII of the Civil Rights Act Title VII of the Civil Rights Act (1964) and others.(1964) and others.

• ... age, ancestry, disability, marital ... age, ancestry, disability, marital status, nationality, national origin, status, nationality, national origin, race, religion, sex, sexual race, religion, sex, sexual orientation are protectedorientation are protected

•… … cannot be asked and do not have cannot be asked and do not have to answer questions about.to answer questions about.

• … … enforced through contract, enforced through contract, EEOC (federal) and DFEH (state) EEOC (federal) and DFEH (state) AgenciesAgencies

• … … involve your Labor Relations involve your Labor Relations Representative earlyRepresentative early

• Title VII of the Civil Rights Act Title VII of the Civil Rights Act (1964) and others.(1964) and others.

Hours of EmploymentHours of Employment

Classified Employees Workweek and Workday Classified Employees Workweek and Workday Must Be Set Upon EmploymentMust Be Set Upon Employment

The district cannot alter the workweek or workday The district cannot alter the workweek or workday without fully negotiating the change with the without fully negotiating the change with the exclusive representative.exclusive representative.

The workweek may be no more than 40 hours and The workweek may be no more than 40 hours and the workday no more than 8 hours unless an the workday no more than 8 hours unless an agreement for an alternative workweek schedule (A agreement for an alternative workweek schedule (A “4/10” or “9/80”.) has been negotiated.“4/10” or “9/80”.) has been negotiated.

Full time employees are entitled to a duty free meal Full time employees are entitled to a duty free meal period of not less than one half hour which shall period of not less than one half hour which shall occur near the midpoint of their shift.occur near the midpoint of their shift.

Hard things are put in our way, not to stop us, but to call out our courage and strength. - Anonymous


Classified Employees Must Receive 45 Days Notice

Classified Employees Must Be Laid Off Based On Length of Service

Length of service can be based on their total hours in paid status or by date of hire.

Check your collective bargaining agreement.

Classified Employees May Have Displacement (“Bumping”) Rights

Laid Off Employees Are Entitled to Reemployment

Employees May Elect Retirement In Lieu of Layoff

“My centre is giving way, my right is in retreat; situation excellent. I shall attack.”

- Marshall Ferdinand Foch (1851-1929), supreme commander of allied forces in 1918.


Collective Collective Bargaining Bargaining

RightsRights

Classified Employees Have the Exclusive Right ...

... to form join and participate in the activities

of CSEA ...

…to be represented by CSEA in meetings

…


… to negotiate over wages, hours and

working conditions as a CSEA bargaining

unit …

District cannot negotiate with

individual employees

… to file Unfair Labor Practice Charges

with PERB …

District cannot threaten, retaliate,

interfere, or coerce because of

Union activity


Classified employees must be paid at one and one half times their regular rate of pay for all work “suffered or permitted” (allowed) in excess of 8 hours in a day and/or in excess of 40 hours in a week.

Less than full time employees must be paid for all time up to 8 hours in a day and 40 hours in a week at their regular rate of pay.

Classified employees may chose compensatory time (“comp time”) in lieu of paid overtime up to a maximum accumulation of 240 hours of ‘comp time’.

An employee cannot volunteer to work in his/her own classification.

Classified Classified Employees Have Employees Have a Righta Right

To Overtime Pay


Health Health and and

SafetySafety

Public Employees

Are Entitled To a Safe

and Healthful Workplace

The district must provide and promote the The district must provide and promote the use of safety devices and safeguards.use of safety devices and safeguards.

The district must do everything reasonable The district must do everything reasonable to protect employees’ lives, safety and to protect employees’ lives, safety and health.health.

The employer must comply with CAL-OSHA The employer must comply with CAL-OSHA standards.standards.

Employees have the right to ask CAL-Employees have the right to ask CAL-OSHA to inspect their workplaceOSHA to inspect their workplace

Employees have the right to refuse to do Employees have the right to refuse to do unsafe work under certain conditionsunsafe work under certain conditions


Public Employees Must Be Covered By Public Employees Must Be Covered By Workers Compensation InsuranceWorkers Compensation Insurance

Workers Compensation covers employees with work related injuries or illnesses.

The cost of this insurance must be paid entirely by the employer.

WORKERS COMPENSATION


Public Employees Must File Workers Public Employees Must File Workers Compensation Claims In A Timely Compensation Claims In A Timely

MannerManner

Claims must be filed within one year of the injury or accident.

Give the district written notice within 30 days of the occurrence.

Employees may pre-designate their treating physician.

The gem cannot be polished without friction, nor man perfected without trials.- -- Chinese proverb

Every position must be held to the last man: there must be no retirement. With our backs to the wall, and believing in the justice of our cause, each one of us must fight on to the end.- Earl Douglas Haig (1861-1928), British general and commander of the Expeditionary Force in World War I

A day dawns, quite like other days; in it, a single hour comes, quite like other hours; but in that day and in that hour the chance of a lifetime faces us.- Maltbie Babcock

Hard things are put in our way, not to stop us, but to call out our courage and strength.- Anonymous


Take full account of what excellencies which you possess, and in gratitude remember how you would hanker after them, if you had them not.- Marcus Aurelius

Determine never to be idle. No person will have occasion to complain of the want of time who never loses any. It is wonderful how much can be done if we are always doing.- -- Thomas Jefferson advising his daughter Martha, 1787.

The way to get things done is not to mind who gets the credit for doing them.- Benjamin Jowett (1817-1893), British theologian and classicist

The gem cannot be polished without friction, nor man perfected without trials.

-Chinese proverb

If the District has the legal power to lay off employees what can we do about it?

What power do we have to prevent the District from harming our members?

Tools and Techniques to Build Chapter Power and Empower CSEA Members to Protect Jobs and Prevent Districts from Balancing their Budgets on the Backs of Classified Employees.

Organizing Organizing

to to Accomplish Accomplish Our GoalsOur Goals

The Stages of a Direct Action Issue The Stages of a Direct Action Issue CampaignCampaign

Power is Built Through a Power is Built Through a Direct Action Issue Direct Action Issue Campaign By:Campaign By:

Members inputMembers input Member Input (one-on-one/survey)Member Input (one-on-one/survey)

Strategic PlanningStrategic Planning Evaluate Member InputEvaluate Member Input Identify Member GoalsIdentify Member Goals Tactics To Support StrategyTactics To Support Strategy

The Stages of a Direct Action Issue CampaignThe Stages of a Direct Action Issue Campaign

Chapter Develops a Strategy Chapter Develops a Strategy to Win the Issueto Win the Issue

Identify The Target Identify The Target (Decision Maker/Opinion Leader)(Decision Maker/Opinion Leader)

Will The Members Support The Strategy?Will The Members Support The Strategy? What Are Members Willing To Do What Are Members Willing To Do

To Accomplish Chapter Goals? To Accomplish Chapter Goals? (Comfort Zone)(Comfort Zone)

What Will A “Win” Look Like?What Will A “Win” Look Like?

Plan Tactics Plan Tactics to Support the Strategyto Support the Strategy

Member Education/ActivismMember Education/Activism Job ActionsJob Actions Educate PublicEducate Public Focus On The TargetFocus On The Target

The Stages of a Direct Action Issue CampaignThe Stages of a Direct Action Issue Campaign

Stage Direct Encounters Stage Direct Encounters With the Decision MakerWith the Decision Maker

Regular (Coffee) Meetings With Board MembersRegular (Coffee) Meetings With Board Members Board Meetings Board Meetings Educate Others (Public, Parents, Unions,)Educate Others (Public, Parents, Unions,) Job Actions (Buttons, Bumper Stickers, Pickets) Job Actions (Buttons, Bumper Stickers, Pickets) Media (Radio, Newspapers, Etc.)Media (Radio, Newspapers, Etc.)

Build Our UnionBuild Our Union Regular Member Input (Site Meetings, Surveys)Regular Member Input (Site Meetings, Surveys) Recruit And Train VolunteersRecruit And Train Volunteers

Service Fee ConversionsService Fee Conversions Victory ClubVictory Club Member ActivistsMember Activists Voter RegistrationVoter Registration

Win, Win, Regroup, Regroup, Next CampaignNext Campaign

The Stages of a Direct The Stages of a Direct Action Issue CampaignAction Issue Campaign

What Resources Do We Have?

• Site Representatives – Who are they?– Where are they?– How do we contact them?

• Job Stewards– Who are they?– Where are they?– How do we contact them?

• Member Activists• Chapter Leaders• Labor Relations Representatives• Organizer• Field Office

• Site Representatives – Who are they?– Where are they?– How do we contact them?

• Job Stewards– Who are they?– Where are they?– How do we contact them?

• Member Activists• Chapter Leaders• Labor Relations Representatives• Organizer• Field Office

More Resources

• Field Office Trainings– Job Steward

• Chapter Training– Know Your Rights– Site Rep– Volunteer recruitment– Working With Coalitions ( Other

Chapters, Parents, CTA, Etc.)– Developing Literature/Messaging– Dealing With Job Stress

• What Happens to The Work?• What Rights Do We Have?

– Developing Chapter Strategic Action Plan

• Fight This Fight

• Organize Our Members

• Build A Stronger Union

• Protect Our Interests

• Weather This Storm

• Win

293 to do list• Fight This Fight

• Organize Our Members

• Build A Stronger Union

• Protect Our Interests

• Weather This Storm

• Win

csea orange field office

Documents

permanent classified

new employees

wagesclassified employees

days of sick leave

unused sick leave

utilization of sick

accrued sick leave

veterans day