AGREEMENT
Between
OAK GROVE SCHOOL DISTRICT
And
THE CALIFORNIA SCHOOL EMPLOYEES' ASSOCIATION, CHAPTER 412
July 1, 2022 through June 30, 2025
TABLE OF CONTENTS
PAGE
AGREEMENT 1
ARTICLE 1 – RECOGNITION 1
1.1 1
1.2 1
1.3 . 2
1.4 . 2
ARTICLE 2 - DEFINITIONS 2
2.1 . 2
2.2 . 2
2.3 . 2
2.4 . 3
2.5 . 3
2.6 . 3
2.7 3
2.8 . 3
2.9 . 3
2.10 . 3
ARTICLE 3 - ORGANIZATIONAL SECURITY - EMPLOYEE RIGHTS 3
3.1 3
3.2 3
3.3 4
3.4 . 4
3.5 . 4
3.6 . 4
3.7 . 4
3.8 . 4
3.9 . 4
3.10 . 4
3.11 . 4
1.
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(CONTINUED)
PAGE
ARTICLE 4 - ORGANIZATIONAL RIGHTS 5
4.1 . 5
4.2 5
4.3 . 5
4.4 . 5
4.5 . 5
4.6 . 5
4.7 . 5
4.8 . 5
4.9 . 6
4.10 . 6
4.11 . 6
4.12 . 6
ARTICLE 5 - DISTRICT RIGHTS 6
5.1 . 6
5.2 . 6
ARTICLE 6 - HOURS AND OVERTIME 7
6.1 Workweek 7
6.2 Alternative Workweeks 7
6.3 Workday 8
6.4 Work Year 10
6.5 Lunch Periods 10
6.6 Rest Periods 10
6.7 Voting Time-Off 11
6.8 Blood Bank Time-Off 11
6.9 Overtime 11
6.10 Minimum Call-in Time 12
6.11 Right of Refusal 12
6.12 Call-Back Time 12
6.13 Examination Time 12
2.
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6.14 Testing Time 12
6.15 Training Time 12
6.16 Work Outside Regular Work Year 12
6.17 Noon Duty Supervision 13
ARTICLE 7 – PAY AND ALLOWANCES 13
7.1 Salary Increases 13
7.1 Consistent Hourly Rate 14
7.2 Employee Anniversary Date 14
7.3 Issuance of Payroll 15
7.4 Working Out of Classification 15
7.5 Payroll Errors 16
7.6 Mileage 16
7.7 Meals and Lodging 16
7.8 Longevity 16
7.9 Split Shift 17
7.10 Professional Growth Increments 17
7.11 Mentor Program 19
7.12 First Aid and CPR Certification 19
ARTICLE 8 - HEALTH AND WELFARE BENEFITS 19
8.1 Full-time employees 19
8.2 Part-time employees 21
8.3 Eligible Employees 22
8.4 I.R.S. Section 125 Cafeteria Plan 22
8.5 Waiver of Coverage 22
8.6 Extended Coverage 23
8.7 Benefits While On Unpaid Leave 23
8.8 Tax-Sheltered Annuity 23
8.9 Benefits After Retirement 23
8.10 Early Retirement Benefits 24
8.11 Joint Benefits Advisory Committee 24
3.
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PAGE
8.12 Government Health Plan Requirements/Benefits Reopeners 25
ARTICLE 9 - EMPLOYEE EXPENSES AND MATERIALS 25
9.1 Uniforms 25
9.2 Safety Equipment 25
9.3 . 25
9.4 No Child Left Behind 25
ARTICLE 10 - HOLIDAYS 26
10.1 Scheduled Holidays 26
10.2 Additional Holidays 26
10.3 Holiday on Saturday or Sunday 26
10.4 Holiday Eligibility 27
ARTICLE 11 - VACATIONS 27
11.1 Earned Vacation Days 27
11.2 Vacation Carryover 27
11.3 Vacation Deferral 27
11.4 Vacation Pay 28
11.5 Vacation Pay Upon Termination 28
11.6 Holiday Falling During Vacation 28
11.7 Vacation Scheduling 28
11.8 Interruption of Vacation 28
11.9 Longevity Entitlement 28
ARTICLE 12 - LEAVES 29
12.1 Bereavement Leave 29
12.2 Judicial and Official Appearance Leave 30
12.3 Military and Legislative Leave of Absence 30
12.4 Sick Leave 30
12.5 Industrial Accident and Illness 33
12.6 Personal Necessity Leave 33
12.7 Retraining and Study Leave 35
12.8 Leaves of Absence Without Pay 35
4.
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(CONTINUED)
PAGE
12.9 Unpaid Family Care Leave 37
12.10 Pregnancy Disability Leave 44
12.11 Paid Family Leave 47
12.12 General Provisions Governing Leaves of Absence 48
12.13 Sick Leave Bank/Catastrophic Leave 48
12.14 Parental Leave 51
ARTICLE 13 - TRANSFERS, PROMOTIONS AND DEMOTIONS 53
13.1 Definitions 53
13.2 Procedures for Filling Vacancies 54
13.3 Interview Process 58
13.4 Tests 59
13.5 Acceptance/Declination of Transfer/Promotion 59
ARTICLE 14 - EVALUATION PROCEDURES 59
14.1 Evaluation 59
14.2 Procedure for Evaluation 59
ARTICLE 15 - GRIEVANCE PROCEDURES 61
15.1 Definitions 61
15.2 Informal Level 61
15.3 Formal Level 61
15.4 Miscellaneous Provisions 63
ARTICLE 16 - SAFETY 64
16.1 . 64
16.2 64
16.3 65
16.4 65
16.5 . 65
16.6 65
16.7 65
ARTICLE 17 – RECLASSIFICATION 66
17.1 Reclassification, Definitions 66
5.
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PAGE
17.2 Procedures 66
ARTICLE 18 - DISCIPLINE 67
18.1 Progressive Steps 67
18.2 Causes 68
18.3 Written Notice 68
18.4 69
18.5 Emergency Suspension 69
18.6 69
18.7 69
ARTICLE 19 - LAYOFF PROCEDURES 70
19.1 Reason for Layoff 70
19.2 Decision to Layoff 70
19.3 Notice to Employees 70
19.4 Order of Layoff 70
19.5 Displacement and/or Transfer Rights 70
19.6 Effects of Layoff 71
19.7 Reemployment Rights 72
ARTICLE 20 - NEGOTIATION PROCEDURES 73
20.1 Notification and Public Notice 73
20.2 Commencement of Negotiations 73
20.3 Ratification of Additions or Changes 73
20.4 Release for Negotiations 74
ARTICLE 21 – SHARED ASSIGNMENTS 74
21.1 Approval 74
21.2 Proposal 75
21.3 Shared Duties and Responsibilities 76
21.4 Salary/Benefits 76
21.5 Fringe Benefits 76
21.6 Requests to Return to Full-time Assignment 76
21.7 Number of Shared Contracts 77
6.
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21.8 Duration of Shared Assignment Program 77
21.9 Substituting 77
21.10 Replacement of Job Share Partner During School Year 77
21.11 Tenure 78
21.12 Time Sharing 78
21.13 Workers’ Compensation 79
ARTICLE 22 - SEVERABILITY 79
22.1 Savings Clause 79
22.2 Replacement for Severed Provisions 79
ARTICLE 23 - SETTLEMENT OF DISPUTES 79
ARTICLE 24 - MAINTENANCE OF POLICIES 79
ARTICLE 25 - DURATION OF AGREEMENT 79
25.1 . 79
APPENDIX A OAK GROVE SCHOOL DISTRICT 81
APPENDIX B 83
APPENDIX C 94
7.
AGREEMENT
This Agreement is made and entered into on July 1, 2022, by and between the Oak Grove School
District, hereinafter referred to as the District, and the Oak Grove Chapter 412 of the California
School Employees Association, hereinafter referred to as CSEA or the Union.
ARTICLE 1 – RECOGNITION
1.1 The District confirms its recognition of CSEA as the exclusive representative for that unit
of employees as certified by the Public Employment Relations Board as follows:
Account Clerk I
Account Clerk II
Accounting Technician
Accounting Technician/Benefits Budgets
Administrative Secretary
Administrative Secretary - Biliterate
Attendance Clerk
Categorical Program Specialist
Child Care Development Center - Specialist I
Child Care Development Center - Specialist III
Computer Network Technician
Computer Technician
Data Processing/Accounting Analyst
District Community Liaison
District Community Liaison II
District Office Receptionist
Division Technology Support and Training Specialist
Executive Secretary
Fiscal Program Support Specialist
Guidance Secretary
Health Clerk - Biliterate
Health Clerk
Help Desk & Technology Support
Human Resources Technician and Return To Work Specialist
Instructional Assistant
Instructional Assistant - Biliterate
Instructional Assistant - Computer Lab
Instructional Assistant - Special Education
Instructional Assistant - Special Education - Biliterate
Instructional Assistant - Special Education - One-on-One
Instructional Assistant - Special Education - One-on-One - Medically Fragile
Instructional Assistant - Title I (inclusive of all Instructional Assistant positions)
Intensive Behavior Interventionist
Intensive Behavior Specialist
Interpreter-Special Education
Lead Publications Specialist
1
Lead Publications Technician
Library Clerk
Licensed Vocational Nurse
Mail Clerk
Media Clerk
Network Specialist/Network System Administrator
Occupational Therapist
Payroll Technician
Child Care Center Preschool Aide
Program Assistant
Program Assistant - Biliterate
Publications Equipment Operator
Purchasing Technician
Purchasing and Financial Technician
Receptionist/Account Clerk I
School Age Child Care Center Leader I
School Age Child Care Center Leader II
School Secretary
School Secretary - Biliterate
Secretary
Secretary - Biliterate
Supervisor of Social Worker Interns
Technology Support and Training Specialist
Volunteer Coordinator
1.2 Excluded from this bargaining unit are all positions lawfully designated as management,
supervisory or confidential, substitutes, limited term employees, and all other classified
employees not listed in Section 1.1.
1.3 If the District creates a new position within an existing class, the position shall be
assigned to the appropriate bargaining unit. If the District creates a new classification, the
assignment to the appropriate bargaining unit will be made after consultation with all interested
parties. Disputed cases may be submitted to PERB for final determination.
ARTICLE 2 - DEFINITIONS
2.1 “Days” means days during which the District Office is open.
2.2 “Pronoun inclusion” means that use of the pronoun he or his refers to all genders without
discrimination.
2.3 Within the purview of this Agreement, the terms “employee” and “unit member” mean
the same thing.
2.4 “Workday” means the days the District requires unit members to be present and perform
their duties.
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2.5 “Permanent employee” is a regular employee who successfully completes an initial
probationary period.
2.6 “Probationary employee” is a regular employee who will become permanent upon
completion of a prescribed probationary period. The probationary period shall be six work
months of service work for the District or 130 days in paid service, whichever is longer. The
period of time by which the probationary period shall be calculated shall expressly
exclude non-work summer months for 10 and 11 month employees and shall commence with
the employee’s first day of actual work/service with the District. In addition, the period of time
by which the probationary period shall be calculated shall expressly exclude periods of
time in which any bargaining unit employee is on a leave of absence for more than ten
consecutive work days, unless otherwise prohibited by applicable law.
2.7 “Substitute employee” is a person who is not part of the classified service, employed to
perform the duties of a position which is vacant or in the temporary absence of a regular
employee.
2.8 “Class” is any group of positions sufficiently similar in duties, responsibilities, and
authority that the same job title, minimum qualification, and salary range are appropriate for all
positions in a class.
2.9 “Classification” is the act of placing a position in a class and shall be construed to mean
that each position in the classified service shall have a designated title, a regular minimum
number of assigned hours per day, days per week, and days per year, a statement of the
specific duties required to be performed in each such position, and the regular monthly salary
range for each such position.
2.10 “Seniority” is based on date of hire into the classification. Service as a substitute prior to
date of hire into the classified service shall not count toward seniority. The “hire date
seniority” shall be adjusted to exclude any period of unpaid leave which exceeds 75% of one
school year. No adjustment will be made for periods when school is not in session.
ARTICLE 3 - ORGANIZATIONAL SECURITY - EMPLOYEE RIGHTS
3.1 The employee shall have the right to form, join, and participate in the activities of
employee organization(s) of their choice. The employee shall have the equal alternate right
to refuse to form, join, and participate in the activities of the employee organization.
3.2 The District will not interfere with or discriminate in respect to any term or condition of
employment against any employee covered by this Agreement because of membership in,
or legitimate activity as required in this Agreement on behalf of the members of this
bargaining unit.
3.3 CSEA recognizes its responsibility as exclusive bargaining agent and agrees to represent
all employees in the bargaining unit without discrimination, interference, restraint or
coercion.
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3.4 The District shall post the Agreement to the District’s website and will make available
one copy of the Agreement at each school site.
3.5 By no later than October 31 of each year, the District will publish at each work site of the
District a seniority list updated as of June 30 of the same year.
3.6 CSEA, as the exclusive representative, shall have the sole and exclusive right to have
membership dues and service fees deducted for employees in the bargaining unit by the
District.
3.6.1 The parties acknowledge that CSEA has provided a certified list of employees
who have authorized dues deductions. When providing the above
information, CSEA will provide it to the District’s Assistant Superintendent of
Human Resources and Director of Business Services. The District shall not
be obligated to put into effect any new or changed deductions/revocations
until the following month’s pay period after CSEA’s submission of the above
information.
3.6.2 CSEA shall not be required to submit to the District a copy of the unit
member’s written authorization, unless a dispute arises about the existence or
terms of the written authorization. In the event a dispute arises, the District
may request that the written authorization be provided to it.
3.7 Pursuant to the written certified list of employees in CSEA represented positions who
have authorized the deduction of dues from the unit member’s pay warrant, the District shall
deduct one-tenth (1/10) of such dues from the regular salary check of the unit member each
month for ten (10) months. Deductions for unit members who sign such authorization after
the commencement of the school year shall be appropriately prorated to complete payments
by the end of the school year. Payroll deductions shall be without cost to the unit members
or CSEA.
3.8 Nothing contained herein shall prohibit an employee from paying dues or service fees
directly to CSEA.
3.9 Information Furnished: CSEA agrees to furnish any information needed by the District
to fulfill the provisions of this Article. The District agrees to furnish any information
needed by CSEA to fulfill the provisions of this Article.
3.10 With respect to all sums deducted by the District pursuant to the certified list provided by
CSEA the District agrees promptly to remit such monies to CSEA accompanied by an
alphabetical list of unit members for whom such deductions have been made.
3.11 CSEA and the District specifically recognize that the enforcement of Sections 3.6
through 3.7 and 3.10 and following Sections may precipitate the bringing of legal action
against the District. It is the intent of CSEA and the District that the District shall incur no
expense whatsoever as a result of any legal challenge to Sections 3.6 through 3.7 and 3.10
and/or any applicable Government Code or Education Code section. Accordingly, CSEA shall
indemnify and hold the District harmless from any and all claims, demands, or suits, or any
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other action arising from the District’s compliance with Sections 3.6 through 3.9, including, but
not limited to, the District’s dues deductions made in reliance on CSEA’s certified list provided
to the District pursuant to this Article. Should it become necessary for the District to
incur legal expenses, including reasonable attorney's fees, as a result of such a challenge,
CSEA shall indemnify the District for any such expenses incurred.
ARTICLE 4 - ORGANIZATIONAL RIGHTS
4.1 CSEA shall have the right to represent members of the unit in employment relations with
the District as set forth in the Rodda Act (Government Code sections 3540-3549.3).
4.2 CSEA shall have the right to use institutional facilities including audiovisual equipment
at reasonable hours for meetings, scheduling such use with the principal, or the principal's
designee at the school, provided that this shall not interfere with nor interrupt normal or
scheduled school operations. Should special custodial services be required or should there
be any damage in excess of normal wear, the District shall make a reasonable charge for such
services or damage. In no event will CSEA meetings be held during the prescribed
workday of the unit members attending the meeting (excluding the duty-free lunch period.)
4.3 Duly authorized representatives of CSEA shall have the right to transact official CSEA
business on District property at all reasonable times provided that this shall not interfere with
nor interrupt normal District operations.
4.4 The District agrees to make available to CSEA in response to reasonable requests all
available public information and specific employee data pertinent to development of
collective bargaining items.
4.5 CSEA shall have the right to post notices of activities in matters of CSEA concern on the
institutional bulletin board which shall be provided in each school building in an area
frequented by unit members. CSEA shall be permitted use of the District mailboxes for
communications to unit members regarding matters with which CSEA is involved.
4.6 When the District forms committees for which the District requests representatives from
the classified service, CSEA shall have the right to appoint the number of unit member
representatives requested.
4.7 CSEA shall have the right to receive, upon request, two (2) copies of any
non-confidential, non-privileged public written reports submitted to any other governmental
agency without charge. This Section does not apply to any reports submitted to an agency
pursuant to legal proceedings of any kind except for documents which are required to be
served.
4.8 CSEA shall be able to access via the District’s online Board portal any budget or
financial material submitted as a part of the Board's Agenda at a regular meeting of the
Board.
4.9 CSEA be able to access via the District’s online Board portal all non-confidential
material presented at Governing Board Meetings.
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4.10 CSEA has the right to review at all reasonable times any other non-confidential materials
in the possession of or produced by the District necessary for CSEA to fulfill its role as the
exclusive bargaining representative.
4.11 Elected officers or designated representatives of CSEA shall be entitled to a collective
total of twenty-two (22) days per year of release time for professional business. A request for
release time is to be submitted on a Substitute Authorization form to the immediate
supervisor for approval two days in advance of the absence. The immediate supervisor has
the prerogative of rejecting the request if it is for a day on which it would be impractical for the
individual to be away from his/her assignment.
4.11.1 The District agrees not to require a substitute for designated CSEA
representative(s) who attend to CSEA business as outlined in Article 4.12 if a
substitute is not normally provided for the employee(s) during the normal
Work year. The District does retain its right to request a substitute if special
circumstances warrant a substitute for said employee(s).
4.12 Release Time for Negotiations: CSEA will be entitled to paid release time for purposes
of attending negotiation sessions with the District, as needed. Release time will be provided
only when negotiation sessions commence prior to the completion of the workday.
ARTICLE 5 - DISTRICT RIGHTS
5.1 It is understood and agreed that the District retains the right, duty, and authority to direct,
manage, and control the affairs of the school district to the extent of the law, which rights,
duties, and authority are to determine its organization; to direct the work of the employees;
to determine the kinds and levels of services to be provided; to establish the methods and means
of providing them; to determine the number and kinds of personnel required; to transfer
personnel; to establish budget procedures and determine budget allocation; to contract out
work in the manner authorized by and subject to the applicable provision of law; to build,
move or modify facilities, and the right to hire, classify, assign, evaluate, promote, terminate
and discipline employees.
5.2 The exercise of the foregoing rights, duties, and authority by the District shall be limited
by the specific and express terms of this Agreement.
In the event of any emergency which requires the District to effect immediate changes in
any of the matters set forth in this Agreement to continue the operation of the school
district, the District shall have the right to amend, modify or rescind the policies,
practices and provisions of this Agreement provided, however, any such action on the
part of the District under this provision shall remain in effect for the duration only for the
period of the emergency, or until negotiations on such matters are completed between the
District and CSEA, whichever is the earliest. Emergency is defined to be a sudden,
unexpected and unforeseen occurrence as a result of acts of God, floods or casualty.
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ARTICLE 6 - HOURS AND OVERTIME
6.1 Workweek
The workweek for full-time employees, except exempt employees and those employees
who are working alternative workweeks as set forth in Section 6.2, shall be five (5)
consecutive days, Monday through Friday of eight (8) hours per day and forty (40) hours
per week.
6.1.1 This Article shall not restrict the extension of the regular workday or
workweek on an overtime basis, nor shall it preclude the District from
designating a workweek of less than five (5) consecutive days or less than
eight (8) hours per day, forty (40) hours per week.
6.1.2 Any reduction in the hours of the assignment of unit members shall be in
accordance with applicable law.
6.2 Alternative Workweeks
6.2.1 Full-time permanent employees assigned to the District Office, with the
agreement of CSEA, shall be able to apply, utilizing a District form, to their
supervisor for one of two alternative workweek schedules. After receiving the
request for an alternative workweek, the supervisor shall have five calendar
days to provide a response to the employee’s request.
6.2.2 For the purpose of this Section, a full-time employee is defined as one who is
regularly scheduled to and works a forty (40) hour work week.
6.2.3 The two available alternative workweek schedules shall be a: (1) 10-hour per
day, four consecutive day workweek; or (2) 9-hour per day, 80-hour per 2
week schedule.
6.2.4 If the employee’s request is denied, the employee may appeal, in writing,
within five calendar days of receiving the supervisor’s decision to the
Assistant Superintendent responsible for the employee’s Department.
6.2.4.1 The appeal shall provide an explanation of why the employee
wants to work the alternative workweek and why such a schedule
would benefit the Department.
6.2.4.2 The Assistant Superintendent shall provide a final response to the
employee’s request within ten calendar days of receiving the
employee’s appeal. The Assistant Superintendent’s decision shall
not be grievable.
6.2.5 For an employee on a 4/10 workweek, overtime is defined as any time
required by the District to be worked in excess of ten hours per day. For an
employee on a 9/80 schedule, overtime is defined as any time required by the
7
District to be worked in excess of nine hours per day. All overtime hours as
defined in this Section shall be compensated at a rate of pay equal to time and
one-half (1½) the regular rate of pay of the employee for all work suffered or
permitted.
6.2.6 Holidays
6.2.6.1 On An Employee’s Regularly Scheduled Workday
When a paid holiday, as set forth in Article 6.1 or 6.2, falls on an
employee’s regularly scheduled workday, the employee will
receive holiday pay equivalent to one regularly scheduled
workday. Specifically, the employee will receive: (a) 10 hours of
holiday pay when the holiday is observed on a 10 hour workday;
(b) 9 hours when the holiday is observed on a 9 hour workday; and
(c) 8 hours when the holiday is observed on an 8 hour workday.
6.2.6.2 On An Employee’s Regularly Scheduled Day Off
When a paid holiday, as set forth in Article 6.1 or 6.2, falls on an
employee’s regularly scheduled day off, the employee’s manager
will designate another day for the employee to observe the holiday
within the same workweek.
6.2.7 If necessary, the District reserves the right to cancel an employee’s alternative
workweek schedule. In such a situation, the District shall provide written
notice to the affected employee(s) at least ten work days prior to canceling the
alternative workweek schedule.
6.2.8 An employee is eligible to cancel his/her alternative workweek schedule. In
such a situation, the employee shall provide written notice to the District at
least ten work days prior to canceling the alternative workweek schedule.
6.3 Workday
The length of the workday shall be designated by the District for each classified
assignment in accordance with the provisions set forth in this Agreement. Each
bargaining unit employee shall be assigned a fixed, regular, and ascertainable minimum
number of hours.
6.3.1 Once an Instructional Assistant-Special Education-One-on-One has been
assigned to a student, if the hours need to be increased to accommodate the
needs of the student, the District may increase the hours without reposting the
position.
6.3.2 Increase In Instructional Assistant-Special Education Assignment
6.3.2.1 Increase In Students
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If a Special Day Class in which an Instructional Assistant-Special
Education is assigned has an increase in the number of students to
fourteen or more, then the District may increase the assignment
related to that class by one hour, without reposting the position, in
accordance with the following procedure:
6.3.2.1.1 The District shall first offer the increase of one hour to
the most senior Instructional Assistant-Special
Education assigned to that class.
6.3.2.1.2 If the most senior Instructional Assistant-Special
Education assigned to the class declines the additional
one hour assignment, then that one hour increase shall
be offered to the most senior Instructional
Assistant-Special Education employee at that applicable
school site where the additional one hour assignment
does not conflict with the base assignment for that
employee.
6.3.2.1.3 The sole exception to the above process for who will be
offered the additional hour shall be if based upon a
student’s IEP and/or 504 plan, the most senior
employee is not able to provide the required services or
they cannot be provided by an employee currently
assigned to the class. In such a situation, the District
shall offer the additional hour to the most senior
employee who can provide the services required by the
IEP and/or 504 plan(s).
6.3.2.1.4 If the procedures outlined in 6.3.2.1.1 through 6.3.2.1.3
do not result in the additional one hour assignment
being taken, then the parties agree to meet and confer in
good faith to reach a mutually agreeable resolution
regarding assignment of the additional one hour.
6.3.2.2 Decrease In Number of Students
6.3.2.2.1 If the number of students in the applicable class drops
below fourteen students at any point during the school
year, the Instructional Assistant-Special Education shall
maintain the additional assignment as part of his/her
assignment for the remainder of that school year only.
6.3.2.2.2 If, however, the number of students in the applicable
class drops below fourteen students within the first 20
days of the increase in the assignment, the Instructional
Assistant-Special Education’s additional one hour
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assignment shall be reduced to the regularly assigned
hours prior to the increase.
6.3.2.2.3 At the end of the school year, the right of the
Instructional Assistant-Special Education to the
additional one hour shall end and he/she shall revert
back to his/her base assignment and shall not retain any
rights to the additional one hour assignment or the
benefits attached to that additional one hour
assignment.
6.3.2 A classified employee who works a minimum of thirty (30) minutes per day in
excess of his/her part-time assignment for a period of twenty (20) consecutive
working days or more by virtue of his/her supervisor shall have the work
assignment changed to reflect the longer hours in order to acquire fringe
benefits on a prorated basis.
6.4 Work Year
The number of duty dates (days in paid status) in the work year for each classification is
listed in Appendix B. Days in paid status include all days worked, paid holidays, paid
vacation days, and all days on paid leaves of absence. If the work calendar is not
followed, the principal/designee/ supervisor will meet and consult with each employee
whose work year is less than twelve (12) months (246 days) regarding the starting and
ending days for that employee's work year for the following year. The
principal/designee/supervisor and the employee will make a good faith effort to reach
mutual agreement on the starting date for the employee's work year, taking the needs of
the site into consideration; however, if the parties are unable to reach mutual agreement,
the Assistant Superintendent of Human Resources shall make the final determination
after meeting with both parties.
6.5 Lunch Periods
All employees who work six (6) hours or more on any day shall be entitled to an
uninterrupted lunch period. The length of time for such lunch period shall be for a period
of no longer than one hour (unless prior approval is granted by the immediate supervisor
for special exception) nor less than one-half (½) hour and shall be scheduled for full-time
employees at or about the midpoint of each work shift.
6.6 Rest Periods
All employees shall be granted rest periods which, insofar as practicable, shall be in the
middle of each work period.
6.6.1 Employees who work more than two (2) hours, but not over four (4) hours
during any workday shall be granted a fifteen (15) minute rest period.
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6.6.2 Employees who work more than four (4) hours, but not over six (6) hours
during any workday shall be granted a twenty (20) minute rest period.
6.6.3 Employees who work more than six (6) hours during any workday shall be
granted two fifteen (15) minute rest periods.
6.6.4 Rest periods are a part of the regular workday and shall be without loss of
compensation.
6.7 Voting Time-Off
If an employee's work schedule is such that it does not allow sufficient time to vote in
any federal, state, or local election in which the employee is entitled to vote, the District
shall arrange to allow sufficient time for such voting by the employee without loss of pay.
6.8 Blood Bank Time-Off
If an employee's work schedule is such that it does not allow sufficient time to donate
blood at the local blood bank or bloodmobile, the District shall arrange to allow sufficient
time for such donation by the employee without loss of pay.
6.9 Overtime
Except as otherwise provided herein, and for non-exempt employees, all overtime hours
as defined in this Section shall be compensated at a rate of pay equal to time and one-half
(1½) the regular rate of pay of the employee for all work suffered or permitted. Overtime
is defined to include any time in paid status in excess of eight (8) hours in any one day or
on any one shift or in excess of forty (40) hours in any work week, whether such hours
are worked prior to the commencement of a regularly assigned starting time or
subsequent to the assigned quitting time.
6.9.1 Any employee having an average workday of four (4) hours or more, during
the workweek shall be compensated for any work required to be performed on
the sixth or seventh day following the commencement of the workweek at a
rate equal to one and one-half (1½) times the regular rate of pay of the
employee designated and authorized to perform the work.
6.9.2 An employee having an average workday of less than four (4) hours during a
workweek shall, for any work required to be performed on the seventh day
following the commencement of his workweek, be compensated at a rate
equal to one and one-half times the regular rate of pay of the employee
designated and authorized to perform the work.
6.9.3 Compensation for all hours worked on a holiday shall be equal to one and
one-half times the regular rate of pay, plus the employee's regular pay.
6.9.4 Compensatory time off for overtime will be at the rate of one and one-half
times the hours worked. Compensatory time shall be taken or paid off within
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120 days of the time it was earned. Compensatory time may be used in hourly
increments with date and time subject to approval by the principal/supervisor.
No employee shall accrue more than 240 hours of compensatory time.
6.9.5 Specifically excluded from the definition of overtime and the provisions of
this Article 6.9, are employees who are working alternative workweeks set
forth in Article 6.2.
6.10 Minimum Call-in Time
Any unit member called in to work on a day when the unit member is not scheduled to
work shall receive a minimum of four (4) hours pay at the appropriate rate of pay under
this Agreement.
6.11 Right of Refusal
Any employee shall have the right to reject any offer of request for overtime or call-back,
on-call or call-in time.
6.12 Call-Back Time
Any employee called back to work after completion of his regular assignment shall be
compensated for at least two (2) hours of work at the appropriate rate, irrespective of the
actual time less than that required to be worked.
6.13 Examination Time
Any employee required by the District to take an examination shall be released for such
purposes without loss of pay.
6.14 Testing Time
Any employee wishing to test for a District position shall be permitted to do so without
loss of pay.
6.15 Training Time
Any training mandated by the District shall be on District time, as feasible and without
due hardship to the District.
6.16 Work Outside Regular Work Year
6.16.1 When work normally and customarily performed by bargaining unit members
is necessary at times other than the regular academic year, the District shall
assign for service during such session regular classified employees of the
District who are assigned to that class during the regular year.
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6.16.1.1 If the District is unable to fill a position with such a classified
District employee, it shall be filled by any qualified classified
employee who does not normally serve in the class.
6.16.1.2 Positions which remain unfilled following application of 6.16.1.1
may be filled by non-bargaining unit employees.
6.16.1.3 Seniority will be the determining factor when two (2) or more
equally qualified candidates request to be assigned for such
service.
6.16.1.4 Instructional assistants assigned to Summer School shall be
entitled to a preparation day, prior to the start of each Summer
School Program. One-to-one (1:1) Instructional Assistants shall
start on the first day their assigned student is scheduled to begin
and are exempt from receiving a preparation day.
6.16.2 When it is necessary to assign bargaining unit employees not regularly so
assigned, the assignment shall be made from within the appropriate
classification, but no employee shall be required to accept such assignment.
6.16.3 An employee who accepts a summer school assignment in accordance with
the provisions of this Section shall receive, on a prorata basis, no less than the
compensation and benefits applicable to that classification during the regular
academic year, and in no event shall his compensation and/or benefits be less,
on a prorata basis, than the compensation and benefits he was receiving
immediately prior to the commencement of the summer school assignment.
6.16.4 When an employee works a summer school assignment in a job classification
which has a higher salary range than the employee's regular class, the
provisions of Section 7.5 will apply.
6.17 Noon Duty Supervision
Unit members shall not be required to perform noon duty supervision.
ARTICLE 7 – PAY AND ALLOWANCES
7.1 Salary Increases
The specific salary for each classification represented in the CSEA bargaining unit is
listed on the appropriate Salary Schedule Ranges attached hereto as Appendix A.
7.1.1 2022-2023 School Year
For the 2022-2023 school year, the District agree to provide a 4.0% increase
to the salary schedule, retroactive to July 1, 2022. The District will provide
notice to CSEA on the date when the retroactive checks will be provided to
bargaining unit employees. On a non-precedential basis, the District agrees
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that if, for the 2022-2023 school year, the District and another bargaining unit
or unrepresented employees, e.g. confidential, management employees, etc.
agree on an ongoing salary increase greater than the 4.0% ongoing salary
increase received by CSEA, CSEA will receive the percentage difference
between 4.0% – which was received by CSEA – and the amount received by
the other bargaining unit or unrepresented employees, e.g. confidential,
management employees, etc.
7.1.2 2023-2024 School Year
The District agrees to provide a 4% increase to the salary schedule, effective
July 1, 2023.
7.1.3 2024-2025 School Year
The District agrees to provide a 5% increase to the salary schedule, effective
July 1, 2024.
7.1 Consistent Hourly Rate
7.2.1 Schedule 9 will be eliminated, and the District will use consistent hourly rates
for all employees effective as soon as possible following ratification of the
Agreement which begins July 1, 1989. The hourly rate will be calculated by
dividing the employees' regular monthly salary by 173.33.
7.2.2 Less than 12-month employees who have been paid a positive amount in
excess of the adjusted hourly rate will continue to be paid a schedule
adjustment which should be the exact amount of the difference between the
employee's monthly salary before and after the elimination of Schedule 9.
There will be no rounding of this adjustment. The adjustment will apply as
long as the employee remains in the position with the District; however, the
adjustment will not be subject to future cost-of-living increases.
7.2.3 When an employee receiving a schedule adjustment is promoted into a higher
classification, employee will be promoted in accordance with promotional
language outlined in Section 7.3.1 and the scheduled adjustment will be
eliminated.
7.2 Employee Anniversary Date
Beginning January 1, 1979, a new employee's anniversary date shall be his/her date of
hire.
All other employees will have a July 1 anniversary date and shall advance on the salary
schedule on July 1 of each year.
All employees will annually advance one step on the salary schedule until they reach Step
VI of their appropriate salary range. If the employee was hired on or before the fifteenth
day in the month in which his/her anniversary date falls, his/her salary shall be increased
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on the first day of the anniversary month. If the employee was hired after the fifteenth
day in the month in which their anniversary date falls, his/her salary shall be increased on
the first day of the following month.
When an employee is promoted, his/her anniversary date for salary purposes (excluding
professional growth and longevity increments) will be changed to the first workday of
his/her new assignment. The salary of the employee will be determined as follows:
7.3.1 When an employee is promoted, his/her salary will be determined to be the
higher of (the changes in Article 7.3.1.1 through 7.3.1.3 shall be retroactive to
July 1, 2022):
7.3.1.1 his/her initial placement on the new classification's range as if
he/she were a new employee, or
7.3.1.2 the step of the new classification's range which reflects a five
percent (5%)(approximate) base salary improvement. In the event
the new classification's range does not have a step which reflects a
five percent (5%)(approximate) base salary improvement,
placement will be at the next higher step, and
7.3.1.3 salary for the new classification shall begin on the effective date of
promotion.
7.3 Issuance of Payroll
All employees in the bargaining unit shall be paid once each month for each month
worked. Nothing herein excludes the right of an employee to elect to receive his/her pay
in twelve (12) equal payments.
7.4 Working Out of Classification
When an employee is directed to work in a job classification which has a higher salary
range, the employee shall have his/her salary adjusted upward to the salary range where
he/she is temporarily working beginning on the first day provided the individual works in
the higher classification during his/her regularly scheduled work hours for no less hours
than the employee’s regular workday or at least two (2) hours, whichever is less.
7.5.1 The adjusted salary shall be ten percent (10%) above the employee's regular
salary, or an amount not less than Step 1 of the temporary position, whichever
is greater, for all days he/she works out of classification.
7.5.2 When an employee is directed to work in a job classification that has the same
or lower salary range, the employee shall receive the same salary he/she
would have received in his/her regular job classification.
7.5.3 In an emergency and under the periodic supervision of an administrator or
credential designee, Special Education Instructional Assistants in an RSP
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(junior high school) or SDC assignment may maintain a class in the absence
of the regular Special Education teacher. The Special Education Instructional
Assistant shall receive work out of classification pay at a rate of 15 percent
(15%). The Special Education Instructional Assistant will not have sole
responsibility for maintaining the class in the absence of the regular classroom
teacher.
7.5.4 If the School Secretary is directed to work as both the School Secretary and
Health Clerk on a day when the Health Clerk is absent from work and a
substitute Health Clerk employee is not provided, then the School Secretary’s
salary will be adjusted by ten percent (10%) for the actual hours worked by
the Secretary as both the School Secretary and the Health Clerk.
7.5.5 Effective July 1, 2020, if a Health Clerk is directed to work as both the Health
Clerk and Secretary on a day when the School Secretary is absent from work
and a substitute, as applicable, School Clerk or Health Clerk is not provided,
then the following shall apply:
7.5.5.1 The Health Clerk shall be eligible to receive out of class pay in
accordance with Article 7.5.1 for all hours worked on that day in
the School Secretary position; and
7.5.5.2 The Health Clerk shall receive an additional ten percent (10%) for
the actual hours worked as both the Health Clerk and School
Secretary, e.g. if the Health Clerk is a 6 hour position and the
School Secretary position is an 8-hour position, and the Health
Clerk works the entire day in both roles, then the Health Clerk will
receive the additional 10% for 6 hours.
7.5 Payroll Errors
Whenever it is determined that an error has been made in the calculation for reporting in
any classified employee's payroll, or in the payment of any classified employee's salary,
the District shall, within five (5) working days following such determination, provide the
employee with a statement of any underpayment and a supplemental payment or if the
payroll error was an overpayment the reason and amount of the overpayment, and the
option(s) available to repay the overpayment to the District.
7.6 Mileage
Any employee in the bargaining unit required to use his/her vehicle on District business
shall be reimbursed for all miles driven on behalf of the District at the rate established by
the Board of Trustees, but in no event at a rate less than the amount allowed by the I.R.S.
7.7 Meals and Lodging
Any employee in the bargaining unit who, as a result of a work assignment, must have
meals and lodging away from the District shall be reimbursed to the extent previously
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agreed upon by the immediate supervisor. Where possible, the District shall provide
advanced funds to the employee for meals and lodging.
7.8 Longevity
Longevity salary advances shall be granted beginning the 9th year of employment
(anniversary date) with a five percent (5%) salary increase, the 14th year an additional
five percent (5%) the 19th year an additional five percent (5%), and the 24th year an
additional five percent (5%). These increments shall be compounded. For purposes of
longevity salary determination only, each employee's longevity date shall be July 1 of the
year in which the employee was hired.
7.9 Split Shift
Bargaining unit members required to work a split shift as part of one assignment will be
paid a five percent (5%) shift differential. A split shift shall be defined as a shift
requiring an employee to take more than a one-hour break without pay.
7.10 Professional Growth Increments
7.11.1 Professional Growth Increments will be awarded after the employee has
completed nine (9) units of approved study. One year must lapse from that
date before the employee is eligible for the next increment.
7.11.1.1 The nine (9) units required for a professional growth increment
should relate to the employee's classification or area of
employment in the District.
7.11.1.2 All courses must first be submitted to, and approved by, the
Assistant Superintendent, Human Resources or designee.
7.11.1.3 An employee may carry over units of approved credit from the
previous increment period.
7.11.1.4 Units of credit will be approved monthly and paid in accordance
with 7.11.7.1.1.
7.11.2 A maximum total of ten (10) Professional Growth Increments can be earned
by any employee.
7.11.3 Professional Growth Increments may be earned by completing the following
or a combination of the following:
7.11.3.1 Nine (9) units of work in Junior College, University or State
College.
7.11.3.2 Nine (9) units of work in adult education. (One unit for each
fifteen (15) hours of class time.)
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7.11.3.3 Nine (9) units of work in in-service training programs approved by
the Assistant Superintendent, Human Resources or designee. (One
unit for each fifteen (15) hours of class time.)
7.11.3.4 Nine (9) units of work in approved work study programs. (One unit
for each fifteen (15) hours of actual class time or time spent in
consultation with the instructor. Time spent on the job or on
"homework" will not qualify for unit credit.)
7.11.4 Any disagreement about course approval would be handled by a corrective
conference and, if it became necessary, by the grievance procedure.
7.11.5 Credit shall be granted for approved courses completed after September 1,
1970, or the initial employment with the Oak Grove School District,
whichever is the later.
7.11.6 Employees who have earned a Teacher's Assistant Certificate, an A.A., or a
higher degree shall be entitled to receive a maximum of one Professional
Growth Increment regardless of when the certificate or degree was earned.
7.11.6.1 The above Professional Growth Increment will be one of the ten
(10) increments granted under 7.11.2
7.11.7 Professional Growth Increments based on completion and approval of the
above requirements will be $325.00. This amount will be prorated by the
same ratio that the employee's weekly work hours bear to a forty-hour
workweek. This amount will be in addition to the employee's annual salary
for each subsequent year of employment.
7.11.7.1 The Professional Growth Increment(s) will be paid to the
employee with the October 31st payroll which follows approval of
the increment.
7.11.7.1.1 The employee shall turn in evidence that the employee
has completed nine (9) units of work no later than
September 30th in order to qualify for a Professional
Growth Increment in the October 31st pay warrant.
7.11.7.1.2 The District will continue its practice of providing unit
members with an annual statement showing
professional growth units and increments carried
forward. The statement will also show units earned
toward the next increment.
7.11.7.2 Professional Growth Increments earned by employees hired on or
before February 8, 1979, shall not be prorated.
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7.11.7.3 Employees hired on or before September 1, 1980, and who are
enrolled in a program to earn an Instructional Assistant Certificate
shall have the following option:
7.11.7.3.1 Submit completed units for a prorated Professional
Growth Increment in accordance with 7.11.1 and
appropriate sections of this Article.
7.11.8 Instructional Assistants hired on or after February 1, 2004, will be eligible for
professional growth units upon submitting evidence that they have completed
a preparation class.
7.11 Mentor Program
The District agrees to continue the Mentor Program. The Program is contingent upon the
availability of funding and will be reviewed annually by the parties to determine if it shall
continue.
7.12 First Aid and CPR Certification
The District agrees to pay for the cost of a certificate that an employee receives for
completing First Aid and/or CPR certification. This District’s agreement to pay for the
cost of the certificate is limited only to those bargaining unit employees who as part of
their job duties and responsibilities are required to maintain First Aid and/or CPR
certification.
ARTICLE 8 - HEALTH AND WELFARE BENEFITS
8.1 Full-time employees shall be entitled to the following health and welfare coverage:
8.1.1 The District pays a maximum monthly contribution toward the monthly
medical premium for each full-time bargaining unit employee for medical
coverage as follows:
Effective January 1, 2023, January 1, 2024, and January 1, 2025, the District
shall increase its contribution level to the District provided medical plans as
follows:
● The District will increase its monthly contribution by $100.00 for any
District offered benefit plan where the employee monthly contribution is
equal to or greater than $100.00.
● For any District offered benefit plan where the employee’s monthly
contribution is less than $100.00, the District will increase its contribution
so that it results in the employee having no monthly contribution, e.g. if an
employee’s monthly contribution is $70, then the District will provide a
monthly increase of $70 for its contribution amount.
● For any District offered benefit plan where there currently is no employee
monthly contribution, there will be no change to the current District
monthly contribution amount.
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8.1.1.1 Effective January 1, 2023, the following contribution amounts will
apply:
8.1.1.1.1 Kaiser Plans — A and B
8.1.1.1.1.1 Employee Only Coverage – $871.14/month
8.1.1.1.1.2 Employee Plus One Coverage –
$1,471.14/month
8.1.1.1.1.3 Family Coverage – $1,601.34/month
8.1.1.1.2 Kaiser Plans — D
8.1.1.1.2.1 Employee Only Coverage – $871.14/month
8.1.1.1.2.2 Employee Plus One Coverage –
$1,402.31/month
8.1.1.1.2.3 Family Coverage – $1,501.34/month
8.1.1.1.3 Sutter Health HMO and United HMO
8.1.1.1.3.1 Employee Only Coverage –
$1,001.66/month
8.1.1.1.3.2 Employee Plus One Coverage –
$1,471.14/month
8.1.1.1.3.3 Family Coverage – $1,601.34/month
8.1.1.1.4 United – PPO Traditional
8.1.1.1.4.1 Employee Only Coverage –
$1,138.07/month
8.1.1.1.4.2 Employee Plus One Coverage –
$1,335.23/month
8.1.1.1.4.3 Family Coverage – $1,465.44/month
8.1.1.1.5 United – PPO Plus
8.1.1.1.5.1 Employee Only Coverage –
$1,038.73/month
8.1.1.1.5.2 Employee Plus One Coverage –
$1,335.23/month
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8.1.1.1.5.3 Family Coverage – $1,465.44/month
If an employee selects a plan where the monthly premium for coverage is less
than the maximum monthly contribution required to be paid by the District,
the District shall not be responsible for paying to the applicable carrier or the
employee the difference between the monthly premium of the plan selected
and the District’s maximum monthly contribution. Bargaining unit employees
electing coverage with a cost greater than the amount paid by the District in
this Section, including by adding dependent coverage, are responsible for
timely paying the difference in the amount between the District’s maximum
monthly contribution and the amount of the full monthly premiums.
Employees may, through a voluntary payroll deduction, authorize payment of
the premium difference from his/her regular earnings. Contributions for
eligible part-time employees will be made on a pro-rata basis as set forth in
Article 8.2.
In addition, the parties agree that commencing with the 2017 calendar benefits
year, any increase to the District’s maximum monthly contribution will be
effective January 1st of each such year, unless the parties agree in writing to a
different effective date.
8.1.2 Fully-paid dental insurance (including dependents).
8.1.3 Fully-paid life and vision insurance (excluding dependents). Term life
insurance in the amount of $10,000 (double indemnity for accidental death)
for each employee will be paid by the District.
8.1.4 Domestic Partners Health Benefits
The District provides medical, dental, and vision benefits for registered
domestic partners of bargaining unit members to the same extent, and subject
to the same terms and conditions, as medical, dental, and vision benefits are
available to spouses of unit members under this Agreement. This coverage is
conditioned upon the domestic partnership meeting all the criteria of
California Family Code Section 297, et seq., and upon the unit member
presenting the District with proof that a valid declaration of domestic
partnership has been filed with the Secretary of State pursuant to Family Code
Section 297, et seq., registering the domestic partnership. Under IRS
regulations, health benefits provided to a domestic partner are taxable to the
employee.
8.2 Part-time employees
8.2.1 Eligible part-time employees, as described in Article 8.3, hired before June
30, 1994, shall be entitled to a prorated portion of the combined amount
(Kaiser family, life, vision, and dental) available monthly to full-time
employees for health and welfare benefits.
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8.2.2 Eligible part-time employees, as described in Article 8.3, hired after
December 1, 1994, shall be entitled to a prorated portion of the applicable
amount available monthly (selected health coverage-single, single plus one,
and family, vision, life, and dental) to full-time employees for health and
welfare benefits.
8.2.3 The amount of District contribution to health benefits to which the employee
is entitled shall be based upon the same ratio as the part-time employee's
weekly assigned work hours bear to a forty (40) hour week.
8.2.4 The order to enroll in health and welfare benefits is as follows:
8.2.4.1 Life and vision insurance
8.2.4.2 Medical insurance and/or
8.2.4.3 Dental insurance
8.2.5 If an employee selects a plan where the monthly premium for coverage is less
than the maximum monthly contribution required to be paid by the District,
the District shall not be responsible for paying to the applicable carrier or the
employee the difference between the monthly premium of the plan selected
and the District’s maximum monthly contribution. Bargaining unit employees
electing coverage with a cost greater than the amount paid by the District in
this Section, including by adding dependent coverage, are responsible for
paying the difference in the amount between the District’s maximum monthly
contribution and the amount of the full monthly premiums. Employees may,
through a voluntary payroll deduction, authorize payment of the premium
difference from his/her regular earnings. Contributions for eligible part-time
employees will be made on a pro-rata basis as set forth in Article 8.2.
8.3 Eligible Employees
All regular employees in the bargaining unit hired on or after January 1, 1992, who are
assigned four (4) or more hours per day and at least twenty (20) hours per week shall be
entitled to participate in the health and welfare program. All regular employees in the
bargaining unit hired on or before December 31, 1991, who are assigned two (2) or more
hours per day shall be entitled to participate in the health and welfare program. The
employees shall be enrolled in insurance programs on the first of the month following
fulfillment of the eligibility requirement and completion of the appropriate enrollment
forms.
8.4 I.R.S. Section 125 Cafeteria Plan
Any employee who must pay a portion of the premium cost or all of the premium cost for
dependent coverage may use pretax dollars through implementation of an I.R.S. Section
125 Cafeteria Plan to pay for the employee's contribution to health and welfare benefit
premiums or other approved expenditures (e.g., childcare, elder care, chiropractic care,
22
orthodontia). Any administrative charges for implementation of the I.R.S. Section 125
plan will be paid by the employee. Participation in the I.R.S. Section 125 plan is strictly
voluntary, and the employee may elect to participate or not to participate on an annual
basis.
8.5 Waiver of Coverage
Any eligible employee who certifies that: (i) the employee is enrolled in other
employer-provided medical coverage through the employee's own employer or through a
parent, spouse or domestic partner; or (ii) that the employee is enrolled in
government-provided medical coverage (such as MediCal, MediCare, CHAMPUS or
Tricare) may elect to waive the employee's right to medical coverage paid by the District.
Any eligible employee who certifies that: (i) the employee's spouse/registered domestic
partner is enrolled in employer-provided medical coverage through his or her
employment; or (ii) that the spouse or registered domestic partner is enrolled in
government-provided medical coverage may elect to waive the spouse or registered
domestic partner's right to medical coverage paid by the District. Government-provided
coverage does not include health insurance purchased on the health insurance
marketplace pursuant to the Affordable Care Act. The election to waive medical
coverage for the employee, spouse or registered domestic partner shall be made once a
year during the open enrollment period and cannot be changed until the next open
enrollment period unless otherwise permitted as a life event or special enrollment under
the Plan and applicable law and regulations. An employee who elects to waive his/her
own medical coverage and/or his/her spouse or registered domestic partner's medical
coverage shall be paid 80% of the 2004-2005 District contribution to medical benefits for
the coverage tier that is being waived (e.g., employee, employee plus spouse/registered
domestic partner). This payment is taxable. Employees may not add spousal/registered
domestic partner coverage in one year in order to increase the cash option by electing a
waiver in the following year. To waive coverage, the employee must complete and sign
under penalty of perjury a voluntary waiver form identifying the other employer or
government-provided coverage, the employer or government entity providing the
coverage, and the name, address and telephone number of a contact person for such
employer or government entity for purposes of verifying such coverage.
8.6 Extended Coverage
All employees who are absent on account of illness and who have exhausted their
accumulated paid leaves shall continue to receive full insurance coverage to be paid by
the District for that period of illness not to exceed one hundred (100) days following
exhaustion of said leave.
8.7 Benefits While On Unpaid Leave
Employees on District-approved unpaid leaves of absence may continue to receive health
and welfare benefits, if approved by the carrier, for the period of the leave if they wish to
purchase such benefit at the current group rates. Said payment will be paid quarterly in
advance by the employee to the District.
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8.8 Tax-Sheltered Annuity
Employees may participate in any 403(b) and/or 457 retirement plan on the approved list
of the Office of the County Superintendent. The District shall facilitate employee
contributions through payroll deductions.
8.9 Benefits After Retirement
The District shall continue to provide retired employees the opportunity to purchase
health/welfare insurance premiums for themselves and their dependents at the current
group rates, providing said employee has served five (5) consecutive years of service for
the District prior to retirement. Premiums shall be payable to the District one month in
advance. A District-approved leave shall constitute a year of service for the purpose of
eligibility for this benefit.
8.10 Early Retirement Benefits
The District agrees to make a premium contribution to an employee who retires on or
after July 1, 2011, an amount equal to 100% of the Kaiser subscriber only premium rate
regardless of coverage selected, for up to 5 years or to age 65, whichever comes first.
This payment shall be prorated based upon the employee’s FTE at the time of retirement.
For example, an eligible employee employed for 4 hours per day shall receive 50% of the
Kaiser subscriber only medical premium rate; an eligible employee employed 6 hours per
day shall receive 75% of the Kaiser subscriber only medical premium rate; and an
eligible employee employed 8 hours per day shall receive 100% of the Kaiser subscriber
only medical premium rate. The District payment shall cease 5 years from the
anniversary of retirement or when the retiree reaches the age of sixty-five (65), whichever
comes first.
8.10.1 Eligible employees must meet one of the following requirements:
8.10.1.1 If the employee retires on or after the employee's sixtieth (60th)
birthday, the employee must have been an employee of the District
for at least ten (10) years to be eligible for the aforementioned
benefit.
8.10.1.2 If the employee retires on or after the employee's fifty-fifth (55th)
birthday, and before reaching the age of sixty (60), the employee
must have been an employee of the District for at least twenty (20)
years to be eligible for the aforementioned benefit.
8.10.1.3 If the employee takes a PERS disability retirement before the
employee's fifty-fifth (55th) birthday, the employee must have
been an employee of the Oak Grove School District for at least
twenty (20) years to be eligible for the aforementioned benefit for
a maximum of no more than ten (10) years.
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8.10.1.4 Upon carrier approval, retirees who qualify for District-paid
medical benefits shall have the option to choose dental and/or
vision insurance in lieu of one-half medical paid.
8.10.2 The retired employee shall pay to the District all additional premiums for
health and welfare insurance benefits one month in advance.
8.11 Joint Benefits Advisory Committee
A Joint Benefits Committee shall evaluate and recommend improvements to the health
and dental benefits described in Article 8. After receiving recommendations from the
Joint Benefits Advisory Committee, the District and CSEA shall meet and negotiate
about any improvements or revisions to the Article.
8.12 Government Health Plan Requirements/Benefits Reopeners
8.12.1 To address health plan requirements (Government Health Plan Requirements)
adopted by the federal or state government(s), which impact the parties’
bargained agreement on health care coverage, the parties agree that the
collective bargaining agreement shall, upon request of either party, be
re-opened for negotiations to address health care coverage.
8.12.2 Article 8 of this Agreement may be reopened at the request of either party if
there are changes made to or implemented as a result of changes in the law or
regulations governing the Affordable Care Act, including, but not limited to,
changes to the subsidy requirements and if the affordability requirement no
longer applies to the District.
ARTICLE 9 - EMPLOYEE EXPENSES AND MATERIALS
9.1 Uniforms
The District shall pay the full cost of the purchase, lease rental of uniforms, equipment,
identification badges, emblems and cards required by the District to be worn or used by
unit members.
9.2 Safety Equipment
Should the District determine that any equipment or gear is necessary to ensure the safety
of the employee or others, the District agrees to furnish such equipment or gear.
9.3 The District agrees to provide the cost of any medical examination required as a
condition of employment or continued employment as outlined in Education Code section
45122.
9.4 No Child Left Behind
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In order for employees and the District to be in compliance with Federal law, the District
agrees to provide, free of charge, CODESP testing for current employees, employed on or
before February 1, 2004, who are on an Instructional Assistant seniority list, and (1) who
do not have an AA degree or higher; or (2) have at least 48 college semester units.
Instructional Assistants in any Instructional Assistant classification who become Title I
Instructional Assistants will take lateral seniority with them. For example, an employee
in the class of Instructional Assistant, Biliterate with ten years seniority who moves into
the classification of Instructional Assistant, Biliterate Title I School will move over with
the ten years seniority. Also, an Instructional Assistant assigned to a non-Title I School
whose position is eliminated will have rights to bump a less senior Instructional Assistant
at a Title I School if they possess the NCLB requirements.
ARTICLE 10 - HOLIDAYS
10.1 Scheduled Holidays
The District shall provide all employees in the bargaining unit with the following paid holidays:
o Independence Day
o Labor Day
o Veteran's Day
o Thanksgiving Day and the day following
o Winter Holidays (December 25 and the workday before or after December 25 - one
day is in lieu of Admission Day)
o New Year's Day and the workday before or after New Year's Day
o Martin Luther King, Jr. Day
o Lincoln's Day
o Washington's Day
o Spring Vacation Day
o Memorial Day
o Juneteenth
10.2 Additional Holidays
All bargaining unit employees in paid status shall also be entitled to the following
additional holidays:
10.2.1 All days appointed by the President as a public fast, thanksgiving, or holiday,
unless it is a special or limited holiday.
10.2.2 All days appointed by the Governor for a public fast, thanksgiving, or holiday
and all special or limited holidays on which the Governor provides that the
schools shall close.
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10.2.3 Any other day designed as a holiday by the Governing Board of the school
district.
10.3 Holiday on Saturday or Sunday
10.3.1 When a holiday falls on a Saturday, the preceding workday not a holiday shall
be deemed to be that holiday. When a holiday falls on Sunday, the following
workday not a holiday shall be deemed to be that holiday.
10.3.2 The implementation of Section 10.3.1 shall not cause any employee to lose
any of the holidays clearly indicated in this Article.
10.4 Holiday Eligibility
10.4.1 Except as otherwise provided in this Article, an employee must be in paid
status on their normal working day immediately preceding or succeeding the
holiday to be paid for the holiday.
10.4.2 Employees in the bargaining unit who are not normally assigned to duty
during the school holiday periods or Winter Holidays shall be paid for those
holidays provided that they were in paid status during any portion of the
working day of their normal assignment immediately preceding or succeeding
the holiday period.
ARTICLE 11 - VACATIONS
11.1 Earned Vacation Days
All employees in the bargaining unit shall earn paid vacation in accordance with this
Article. Vacation benefits are earned on a fiscal year basis, July 1-June 30. Any vacation
must be completed during the year following the one in which it was earned.
All employees, regardless of hours worked, shall be granted vacation on the basis of one
day per month worked. Each regular employee employed less than full-time will be
granted vacation in the same proportion as the employee's regular assignment bears to
full-time employment. No employee shall be entitled to use vacation leave until he/she
has been employed for a period of six (6) months. All permanent employees shall be
eligible to take earned vacation days as they accrue, with prior approval of the immediate
supervisor/principal. Such earned vacation shall not become a vested right until after the
completion of the initial six (6) months of service in the District.
11.2 Vacation Carryover
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Any employee in the bargaining unit on a twelve (12) month work calendar (work
calendar A) or an eleven (11) month work calendar (work calendar B, C, D, and F) who
has been employed for more than one year may carry over ten (10) days of vacation time,
with the prior approval of the immediate supervisor. Any employee in the bargaining
unit on a work calendar of less than eleven (11) months (work calendars E, G, H, and I)
who has been employed for more than one year may carry over five (5) days of vacation
time, with the prior approval of the immediate supervisor.
11.3 Vacation Deferral
If an employee is denied the opportunity to take vacation in the year following the year in
which it was earned, the employee shall be paid for all vacation days or shall have the
right to carry over a total of ten (10) days of vacation into the next fiscal year and receive
compensation at the appropriate rate for any unused vacation days.
11.4 Vacation Pay
In the event a unit member does not use all of his accrued vacation by June 30 and does
not have approval to carry over a maximum of five (5) such days to the next school year,
the unit member shall use all the vacation days in excess of the prior year’s accrual or
days in excess of the approved carryover no later than December 31 of the following
school year. The District shall pay the unit member for all such accrued vacation by no
later than August 1. Pay for vacation days for unit members shall be the same as that
which the employee would have received had he been in a working status.
11.5 Vacation Pay Upon Termination
When an employee who has completed the six (6) month probationary period is
terminated for any reason, he shall be entitled to all vacation pay earned and
accumulated, up to and including the effective date of the termination. If an employee is
terminated and had been granted vacation which was not earned at the time of the
termination of his services, the District shall deduct from the employee's final paycheck
the full amount of salary which was paid for such unearned days of vacation taken.
11.6 Holiday Falling During Vacation
If a holiday falls during an employee's scheduled vacation period, the holiday will not be
counted as a vacation day.
11.7 Vacation Scheduling
11.7.1 Vacation shall be scheduled at times requested by the unit member so far as
possible within the District's work requirements as determined by the District.
The District may not cancel a previously approved vacation schedule unless
such cancellation is agreed to by the employee.
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11.7.2 If there is any conflict between employees who are working on the same or
similar operations as to when requested vacations may be taken, the employee
with greater seniority shall be given his preference.
11.8 Interruption of Vacation
An employee in the bargaining unit shall be permitted to interrupt or terminate vacation
leave in the event of an accident or serious illness without a return to active service,
provided the employee supplies notice and supporting information, specifically a
physician's statement supporting the basis of such interruption.
11.9 Longevity Entitlement
All employees shall earn longevity entitlement for vacation at the following rates (for the
changes in the number of longevity vacation days, the District proposes that they be
effective the first full pay period following the full ratification of the parties’ successor
collective bargaining agreement to the one that expired on June 30, 2022):
11.9.1 All twelve (12) month employees shall be entitled to fifteen (15) days of
vacation after five (5) years of employment, eighteen (18) days of vacation
after ten (10) years of employment, and twenty-one (21) days of vacation after
fifteen (15) years of employment.
11.9.2 All eleven (11) month employees shall be entitled to fourteen (14) days of
vacation after five (5) years of employment, seventeen (17) days of vacation
after ten (10) years of employment, and nineteen (19) days of vacation after
fifteen (15) years of employment. Eleven (11) of those days are included in
the employee’s work calendar.
11.9.3 All ten (10) month employees shall be entitled to thirteen (13) days of
vacation after five (5) years of employment, sixteen (16) days of vacation
after ten (10) years of employment, and eighteen (18) days of vacation after
fifteen (15) years of employment. Ten (10) of those days are included in the
employee’s work calendar.
11.9.4 Unit members employed in the classifications of Special Education
Instructional Assistant One-on-One or One-on-One Medically Fragile shall be
paid for longevity vacation rather than taking such days off as vacation days.
The parties understand that vacation day is not considered creditable
compensation for purposes of PERS.
All other employees are expected to schedule accrued longevity vacation as
time off in accordance with provisions of Article 11.
ARTICLE 12 - LEAVES
12.1 Bereavement Leave
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12.1.1 A unit member is entitled to a paid leave of absence, without loss of pay, not
to exceed ten (10) days at the time of the death of a unit member's spouse,
mother, father, son or daughter, sibling, step-mother, and step-father. Any unit
member is entitled to a leave of absence, without loss of pay, not to exceed
five (5) days at the time of death, of any other member of the immediate
family not included above.
12.1.1.1 Any days of bereavement not used at the time of death may be
used at the time of religious, military, or governmental services for
the deceased.
12.1.1.2 Additionally, any days of bereavement not used at the time of
death may be used for legal proceedings related to the death that
cannot be taken care of outside work hours. An employee must
submit verification of their attendance at the legal proceeding in
order to use this provision.
12.1.2 Members of the "immediate family" shall be as defined in Section 12.6.5 of
this Article.
12.1.3 A unit member shall notify the District as soon as possible and also state the
expected duration of the absence to enable the District to secure a substitute.
12.1.4 Within five (5) working days of a unit member's return to work the unit
member must sign a District Absence Report to verify that bereavement leave
was used only for the purpose set forth in Section 12.1.1 above, or provide
other verification if requested.
12.1.5 Any days of bereavement not used at the time of death may be used at the
time of religious, military, or governmental services for the deceased.
12.2 Judicial and Official Appearance Leave
12.2.1 Unit members shall be entitled to paid leave of absence for jury duty or as a
witness in any court, or legal proceeding except in cases where the District is
a party, when the unit member's presence as a non-litigant is mandated by a
court or governmental agency and evidenced by a judicial subpoena, a
governmental agency summons, or an acceptable written notification for
appearance.
12.2.2 Any amount received for jury duty service or witness fees other than mileage,
shall be paid to the District or deducted from the unit member's salary.
12.3 Military and Legislative Leave of Absence
12.3.1 Leaves of absence for active military service shall be granted with pay under
the provisions of Section 395.01 of the Military and Veterans Code of the
State of California.
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12.3.2 Unit members elected to the State Legislature shall be granted a leave under
the provisions of Education Code section 44800.
12.4 Sick Leave
The District provides for its regular unit members protection against the loss of income
sustained because of illness or injury. Sick leave is to protect a unit member against
undue financial loss in the event of illness or injury. Sick leave shall not be used to
extend vacation periods or holidays.
12.4.1 Full-time unit members shall be entitled to twelve (12) days (one workday per
month worked) leave with full pay for each school year for purposes of
personal illness, injury, childbirth, or quarantine. Unit members who work
less than full time shall be entitled to that portion of the twelve (12) days (one
workday per month worked) leave as the number of scheduled duty hours per
week bears to the number of duty hours assigned to a full-time position. Unit
members who are employed for less than a full fiscal year shall be entitled to
that portion of the twelve (12) days as the number of months employed bears
to twelve (12).
12.4.1.1 Whenever possible, part-time employees shall schedule all
non-emergency doctor appointments outside their regular assigned
work hours.
12.4.2 Any unit member may use up to six (6) days of accrued sick leave per school
year to care for an ill spouse, child, parent, or domestic partner.
12.4.3 Extended Sick Leave
12.4.3.1 After all earned sick leave days at full pay have been exhausted
and the unit member continues to be absent due to illness or injury,
the unit member may elect to use his/her earned vacation days to
remain at full salary for as long as possible.
12.4.3.2 After the exhaustion of the unit member's earned sick leave days,
or earned sick leave and vacation days, the unit member shall be
entitled to a maximum of 100 days per year of differential pay,
which shall be the difference between his/her regular salary and the
salary actually paid the substitute.
12.4.3.3 Unused differential days shall not be accumulated from year to
year.
12.4.4 If a unit member does not utilize the full amount of leave as authorized in
Section 12.4.1 above in any year, the amount not utilized shall be accumulated
from year-to-year.
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12.4.5 The District may require a unit member to be examined by a physician hired
by the District. If the District requires a unit member to be examined by a
physician hired by the District after the unit member's physician has examined
the member and concluded in writing that the unit member may return to
work, and if upon the District's examination the unit member is found
medically capable of returning to work, the unit member shall suffer no loss of
pay or benefits as a result of the delay in returning to work caused by the
timing of the District's physician's determination. If, after examining the unit
member and consulting with the member's physician, the District's physician
determines that the unit member is not medically capable of returning to work,
the unit member shall continue on sick leave whether paid or unpaid until
further notice.
12.4.6 Barring unforeseen circumstances, a unit member must contact the Human
Resources Department at least two (2) hours prior to the start of the workday
to permit the District time to secure a substitute.
12.4.7 A unit member who is absent for less than a full workday will be charged in
quarterly hour increments, only for that portion of the day he/she is absent:
seven (7) minutes or less into that quarter results in no charge, more than
seven (7) minutes into that quarter results in a fifteen (15) minute charge.
12.4.8 A unit member who plans to return the following workday, (excluding the first
workday following a weekend) must notify the work site office before the
substitute has left the work site. The cost of the substitute's salary will be
borne by the District unless the unit member fails to notify the school in time
to release the substitute. If the unit member fails to notify the District in time
to release the substitute, an extra day's sick leave will be deducted from the
unit member's available sick leave. If the accumulated sick leave of the unit
member has been expended, the cost of the substitute will be deducted from
the unit member's salary.
12.4.9 Employees in classifications that do not fall within the exemption requirement
set forth in Labor Code section 245.5(a)(1) may use accrued sick leave for
sick and safe time reasons for themselves and for family members, as defined
below.
12.4.9.1 Family Member: The employee’s current spouse, child or
individual for which the employee stands in loco parentis, legal
guardian or ward, parent, parent-in-law, person who stood in loco
parentis status when the employee was a minor child, sibling,
grandparent, or grandchild. An employee’s domestic partner (as
defined by law), as well as the child and parent of a registered
domestic partner, are also considered an employee’s family
member. These familial relationships include not only biological
relationships, but also relationships resulting from adoption,
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step-relationships, and foster care relationships. The definition of
child applies irrespective of a child’s age or dependency status.
12.4.9.2 Safe time: Employees may take safe time if the employee is a
victim of domestic violence, sexual assault or staking and time off
is needed to attend to safety planning or other actions to assist the
employee, such as judicial assistance, medical attention,
counseling, etc.
12.4.9.3 Sick time: Employees may take sick time for themselves and their
eligible family members: (a) for diagnosis, care or treatment of an
existing medical condition; (b) for preventative care; (c) to attend a
medical or dental appointment; (d) to attend to or provide care for
a family member with a mental or physical illness; and/or (e) to
recover or recuperate from an injury or health condition.
If the need to use sick or safe time is foreseeable, an employee must provide
reasonable advance notice – either orally or in writing – to their direct
supervisor of an absence from work. If the need to use sick or safe time is
unforeseeable, an employee must provide notice – either orally or in writing –
to their direct supervisor of the need to use such time as soon as practicable.
An employee is responsible for specifying that the time off is for safe and sick
time purposes.
12.5 Industrial Accident and Illness
12.5.1 Unit members will be entitled to Industrial Accident Leave according to the
provisions in Education Code section 45192 for personal injury which has
qualified them for workers’ compensation.
12.5.2 Industrial accident or illness leave shall be allowed up to a maximum of sixty
(60) days during which the schools of the District are required to be in session
or when the employee would otherwise have been performing work for the
District in any one fiscal year for the same accident.
12.5.3 Allowable leave under this section shall not be accumulated from year to year.
12.5.4 Industrial accident or illness leave shall commence on the first day of absence.
12.5.5 Upon expiration of the leave, the unit member shall be assigned to the position
he/she left.
12.5.6 If a unit member has notified the District in writing prior to the date of the
industrial accident or injury that he/she has a personal physician, the unit
member shall be entitled to be treated for the industrial injury by that
physician at District expense. The District may designate a physician or
medical care facility to treat a unit member for an industrial injury if the unit
member has not submitted the prior written notice.
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12.6 Personal Necessity Leave
Personal necessity leave is to protect employees against undue financial loss in the event
of certain events which the unit member shall not be able to disregard.
12.6.1 Effective the first full pay period following the ratification of the parties’
successor collective bargaining agreement to the one that expired on June 30,
2022, up to ten (10) days of an employee's accumulated sick leave may be
used each year for personal necessity leave.
12.6.2 Personal necessity may only be taken for one of the following reasons:
12.6.2.1 Death of member of the immediate family.
12.6.2.2 Illness of a member of the immediate family.
12.6.2.3 Serious accident involving the property of a unit member, or a
serious accident involving the person or property of any member of
the unit member's immediate family.
12.6.2.4 Legal proceeding or appointments with an attorney which require
the unit member's presence, and which cannot be reasonably
scheduled outside the unit member's workday.
12.6.2.5 Appearance in court or before any administrative tribunal as a
litigant. Each date of necessary attendance under such an order
other than the date specified in the subpoena shall be certified by
the clerk or other authorized official of a body with jurisdiction.
12.6.2.6 Marriage of the unit member, unit member's children or
grandchildren.
12.6.2.7 Graduations from high school or college of the employee, spouse,
registered domestic partner, children or grandchildren.
12.6.2.8 Attendance at religious services and observances of religious
holidays. The unit member must hold a sincere, bona fide
religious belief as defined by the California Fair Employment and
Housing Act and Title VII of the U.S. Civil Rights Act.
12.6.2.9 Matters of compelling personal importance [maximum of six (6)
days per school year] are occurrences which require attention
during assigned working hours and which the employee determines
cannot reasonably be disregarded. The employee may meet with
the immediate supervisor to discuss this leave. This meeting shall
remain confidential. The employee needs to state the applicable
contract section only on the Leave Request Form.
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12.6.3 Under all circumstances, the unit member shall verify on the District Absence
Report that the personal necessity leave was used only for the purposes set
forth in this Section.
12.6.4 Barring unforeseen circumstances, unit members shall submit a request for
personal necessity leave approval on a "Leave, Other Than Personal Sick
Leave" form to his/her immediate supervisor not less than five (5) working
days prior to the beginning date of the leave. For reasonable cause, the
District reserves the right to require further information from a unit member
on the actual use made of the leave.
12.6.5 Members of the immediate family means, mother, father, stepmother,
stepfather, grandmother, grandfather or grandchildren of the employee, or the
spouse or registered domestic partner of the unit member; and the spouse,
registered domestic partner, son, stepson, son-in-law, daughter, stepdaughter,
daughter-in-law, brother, brother-in-law, sister, sister-in-law, children of a
registered domestic partner, and any person "in loco parentis" of the unit
member, or any relative living in the immediate household of the employee
and persons listed on the emergency card notification form.
12.6.5.1 In order to provide proper notice during emergencies, the names
listed on the emergency card shall be limited to four (4). The
designations on the emergency card can be changed at any time
during District business hours; however, in order to take leave for a
person listed on the emergency card notification form, that person
needed to have been listed on the card prior to the need for the
leave arising.
12.6.6 Barring unforeseen circumstances, unit members shall not be granted a
personal necessity leave on a day immediately before or after a holiday,
vacation period or during the first or last week of the school year.
Personal necessity leave shall not be used for extending vacation periods or
holidays, political activities or demonstrations, civic or organizational
activities, business or social trips, occupational investigation activities, and
concerted activities.
12.7 Retraining and Study Leave
Leaves of absence for study and/or retraining may be granted to one or more members of
the unit as specified in Education Code section 45380, et seq.
12.8 Leaves of Absence Without Pay
12.8.1 The District may, at its discretion, grant an unpaid leave of absence for the
following reasons:
12.8.1.1 The rest or restoration of health of a unit member.
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12.8.1.2 A matter of illness or hardship involving a member of the unit
member's immediate family.
12.8.1.3 Attendance at distinctly professional meetings or educational
groups and not as a District representative.
12.8.1.4 For the purpose of maternity, paternity, adoption, or child rearing.
12.8.1.5 For the purpose of educational improvement and advancement in
an accredited institution of higher learning as a full-time student.
12.8.1.6 For campaigning for an elected office or elected to public office
(for the tenure of the elected office).
12.8.2 Unit members taking an unpaid leave of absence shall retain all previously
earned salary step placement, advance increments, accumulated unused sick
leave, or other employment status earned while on active service to the
District.
12.8.3 No unit member shall be entitled to any compensation or increment while on
an unpaid leave of absence.
12.8.4 No days of absence taken on an unpaid leave of absence may count toward
credit for probationary status as an employee.
12.8.5 Unit members must submit a request to their immediate supervisor at least
thirty (30) calendar days prior to the date requested for the commencement of
the leave, which will not exceed beyond the school year in which the leave
commences.
12.8.5.1 Upon the request of the employee, the Board of Trustees may
extend the approved leave of absence for a maximum of one
additional school year.
12.8.5.1.1 Unit members who request and are granted leave
extension are not guaranteed reassignment to the same
work site.
12.8.6 The unit member must inform the Human Resources Department, in writing,
thirty (30) calendar days prior to the scheduled return date or the expiration of
the leave, whichever is the earliest, whether or not the unit member intends to
return to work. The District shall notify the unit member prior to the
notification date by mailing a notice to the last known address provided by the
unit member.
12.8.6.1 Failure to notify the District within the thirty (30) day period shall
be understood to be a notice of resignation from the unit member.
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12.8.7 Unit members on unpaid leaves of absence may elect to retain health and
welfare benefits during the period of the leave, subject to the approval of the
insurance carrier, provided, however, that the employee agrees to pay the
premiums monthly in advance. Failure to pay premiums in advance shall
result in the automatic cancellation of appropriate health and welfare benefits.
12.8.8 Upon expiration of the unpaid leave, the unit member shall be reassigned to
the assignment which he/she left provided that the unpaid leave is not
extended as provided for in Section 12.8.5.1. In order to minimize disruption,
a unit member who requests to return from unpaid leave of absence earlier
than the designated period of the leave is not guaranteed the right to return to
the assignment which he/she left, but may be placed in an alternate
assignment with equal hours for the balance of the school year during which
the leave was taken. The unit member may return to the assignment which
he/she left the following school year unless the leave is extended as provided
in Section 12.8.5.1. If a unit member is not reassigned to the position which
he/she left because of extension of a leave, early return from leave or other
valid reason, the unit member will be assigned to an alternative position with
equal hours in the same classification.
12.8.9 If the District determines that an unpaid leave request shall not be granted, the
District will provide the unit member requesting the leave notice of the denial
and the reasons therefore.
12.8.10 The unit member may appeal the Administrator's decision to the Board.
Should the Board deny the request, the District will give written notice of the
denial.
12.9 Unpaid Family Care Leave
12.9.1 To be eligible for leave under the FMLA and CFRA (collectively “FMLA
Leave”), employees must have completed one year of service for the District
(not necessarily consecutive) and have been employed for six (6) or more
hours per day or worked at least 1,250 hours over the previous 12 months as
of the start of the leave.
Bargaining unit members who are otherwise eligible for, but who are
employed for less than six (6) hours a day or less than 1,250 hours per year
shall be entitled to FMLA Leave, but without the District-paid benefit
contribution provided in Section 12.9.7 below.
12.9.2 Reasons for Leave
State and federal laws allow FMLA Leave for various reasons. Because an
employee’s rights and obligations may vary depending upon the reason for the
FMLA Leave, it is important to identify the purpose or reason for the leave.
FMLA leave and CFRA leave run concurrently except for the following
reasons: to care for a child without regard to age or dependency status, to care
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for a registered domestic partner or a child of a registered domestic partner,
parent-in-law, grandparent, grandchild, sibling, or designated person (CFRA
only), incapacity due to pregnancy or prenatal care as a serious health
condition (FMLA only), qualifying exigency leave (FMLA only) as defined
under the FMLA (Fed-FMLA only), qualifying exigency leave as defined
under the CFRA (CFRA only), and military caregiver leave (FMLA only).
FMLA Leave may be used for one of the following reasons, in addition to any
reason covered by an applicable state family/medical leave law:
12.9.2.1 the birth, adoption, or foster care of an employee's child within 12
months following birth or placement of the child (“Bonding
Leave”);
12.9.2.2 to care for an immediate family member (spouse, child, or parent
and for CFRA Leave: registered domestic partner, child of a
registered domestic partner, parent-in-law, grandparent, grandchild,
sibling, or designated person with a serious health condition)
(“Family Care Leave”);
12.9.2.3 an employee’s inability to work because of a serious health
condition (“Serious Health Condition Leave”);
12.9.2.4 a “qualifying exigency,” as defined under the FMLA, arising from
a spouse’s, child’s, or parent’s “covered active duty” (as defined
below) as a member of the military reserves, National Guard or
Armed Forces or as defined under the CFRA, related to the
covered active duty or call to covered active duty of an employee's
spouse, domestic partner, child, or parent in the Armed Forces of
the United States (“Military Emergency Leave”); or
12.9.2.5 to care for a spouse, child, parent or next of kin (nearest blood
relative) who is a “Covered Servicemember,” as defined below
(“Military Caregiver Leave”).
12.9.3 Definitions
12.9.3.1 “Child,” for purposes of Bonding Leave and Family Care Leave,
means a biological, adopted, or foster child, child of a registered
domestic partner, a stepchild, a legal ward, or a child of a person
standing in loco parentis, and for Fed-FMLA only, who is either
under age 18, or age 18 or older and incapable of self-care because
of a mental or physical disability at the time that Family and
Medical Leave is to commence.
12.9.3.2 “Child,” for purposes of Military Emergency Leave and Military
Caregiver Leave, means a biological, adopted, or foster child,
stepchild, legal ward, or a child for whom the person stood in loco
parentis, and who is of any age.
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12.9.3.3 “Designated Person,” for purposes of this Section, means any
individual related by blood or whose association with the unit
member is the equivalent of a family relationship. Unit members
may identify a designated person at the time they request CFRA
Leave. Unit members are limited to one designated person per
12-month period.
12.9.3.4 “Parent,” for purposes of this Section means a biological, adoptive,
step or foster father or mother, or any other individual who stood in
loco parentis to the person. This term does not include parents “in
law” except only under the CFRA. For Military Emergency leave
taken to provide care to a parent of a military member, the parent
must be incapable of self-care, as defined by the FMLA.
12.9.3.5 “Covered Active Duty” means: (1) in the case of a member of a
regular component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a foreign
country; and (2) in the case of a member of a reserve component of
the Armed Forces, duty during the deployment of the member with
the Armed Forces to a foreign country under a call or order to
active duty (or notification of an impending call or order to active
duty) in support of a contingency operation as defined by
applicable law.
12.9.3.6 “Covered Servicemember” means: (1) a member of the Armed
Forces, including a member of a reserve component of the Armed
Forces, who is undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is otherwise on the
temporary disability retired list, for a serious injury or illness
incurred or aggravated in the line of duty while on active duty that
may render the individual medically unfit to perform his or her
military duties; or (2) a person who, during the five (5) years prior
to the treatment necessitating the leave, served in the active
military, Naval, or Air Service, and who was discharged or
released therefrom under conditions other than dishonorable (a
“veteran” as defined by the Department of Veteran Affairs), and
who has a qualifying injury or illness incurred or aggravated in the
line of duty while on active duty that manifested itself before or
after the member became a veteran. For purposes of determining
the five-year period for covered veteran status, the period between
October 28, 2009 and March 8, 2013 is excluded.
12.9.4 Leave Length
12.9.4.1 The maximum amount of FMLA Leave will be twelve (12)
workweeks in any 12-month period.
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A 12-month period begins on the date of the employee’s first use
of FMLA Leave. Successive 12-month periods commence on the
date of the employee’s first use of such leave after the preceding
12-month period has ended. There is no carryover of unused leave
from one fiscal year to the next fiscal year.
12.9.4.2 The maximum amount of FMLA Leave for an employee wishing
to take Military Caregiver Leave will be a combined leave total of
twenty-six (26) workweeks in a single 12-month period. A "single
12-month period" begins on the date of the employee’s first use of
such leave and ends 12 months after that date.
If both spouses work for the District and are eligible for leave
under this Section, the spouses will be limited to a total of 26
workweeks off between the two when the leave is for Military
Caregiver Leave only or is for a combination of Military Caregiver
Leave, Military Emergency Leave, Bonding Leave and/or Family
Care Leave taken to care for a parent.
12.9.4.3 Under some circumstances, an employee may take FMLA Leave
intermittently—which means taking leave in blocks of time, or by
reducing the employee’s normal weekly or daily work schedule. If
an employee is taking FMLA Leave due to pregnancy or
pregnancy disability purposes, the Pregnancy Disability Leave
Section in this Article governs such leaves. Employees who take
leave intermittently or on a reduced work schedule basis for
planned medical treatment must make a reasonable effort to
schedule the leave so as not to unduly disrupt the District’s
operations. An employee must contact his/her manager and the
Human Resources Department prior to scheduling planned medical
treatment. If FMLA Leave is taken intermittently or on a reduced
schedule basis due to foreseeable planned medical treatment, the
District may require an employee to transfer temporarily to an
available alternative position with an equivalent pay rate and
benefits, including a part-time position, to better accommodate
recurring periods of leave.
If an employee’s request for intermittent leave is approved, the
District may later require an employee to obtain recertifications of
his/her need for leave.
12.9.4.4 To the extent required by law, some extensions to FMLA Leave
may be granted when the leave is necessitated by an employee's
work-related injury/illness, a pregnancy related disability, or a
“disability” as defined under the Americans with Disabilities Act
and/or applicable state or local law. In addition, in some
circumstances and in accordance with applicable law, an extension
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to FMLA Leave may be granted when the leave is taken to care for
a registered domestic partner and/or a registered domestic partner's
child. Certain restrictions on these benefits may apply.
12.9.4.5 The length of leave noted above represents the minimum available
unpaid leave. The employee may request additional unpaid leave
under Section 12.11.
12.9.5 Notice and Certification
12.9.5.1 Bonding, Family Care, Serious Health Condition Leave, and
Military Caregiver Leave Requirements
12.9.5.1.1 Employees may be required to provide: (1) when the
need for the leave is foreseeable, 30 days advance
notice or such notice as is both possible and practical if
the leave must begin in less than 30 days (normally this
would be the same day the employee becomes aware of
the need for leave or the next business day); (2) when
the need for leave is not foreseeable, notice within the
time prescribed by the District’s normal absence
reporting policy, unless unusual circumstances prevent
compliance, in which case notice is required as soon as
is otherwise possible and practical; (3) when the leave
relates to medical issues, a completed Certification of
Health-Care Provider form within 15 calendar days (for
Military Caregiver Leave, an invitational travel order or
invitational travel authorization may be submitted in
lieu of a Certification of Health-Care Provider form);
(4) periodic recertification; and (5) periodic reports
during the leave.
12.9.5.1.2 At the District’s expense, the District may also require a
second or third medical opinion regarding the
employee’s own serious health condition or the serious
health condition of the employee’s family member. In
some cases, the District may require a second or third
opinion regarding the injury or illness of a “Covered
Servicemember.” Employees are expected to cooperate
with the District in obtaining additional medical
opinions that the District may require.
12.9.5.1.3 When leave is for planned medical treatment, an
employee must try to schedule treatment so as not to
unduly disrupt the District’s operation. Please contact
your manager or Human Resources prior to scheduling
planned medical treatment.
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12.9.5.1.4 Recertifications After Grant of Leave
In addition to the requirements listed above, if an
employee’s FMLA Leave is certified, the District may
later require medical recertification in connection with
an absence that an employee report as qualifying for
FMLA Leave. For example, the District may request
recertification if: (1) the employee requests an
extension of leave; (2) the circumstances of the
employee’s condition as described by the previous
certification change significantly, e.g., an employee’s
absences deviate from the duration or frequency set
forth in the previous certification; the employee’s
condition becomes more severe than indicated in the
original certification; the employee encounters
complications; or (3) the District receives information
that casts doubt upon the employee’s stated reason for
the absence. In addition, the District may request
recertification in connection with an absence after six
months have passed since an employee’s original
certification, regardless of the estimated duration of the
serious health condition necessitating the need for
leave. Any recertification requested by the District
shall be at the employee’s expense.
12.9.5.2 Military Emergency Leave
Employees seeking to use Military Emergency Leave are required
to provide: (1) the District with as much notice of the need for
leave as is reasonable and practicable under the circumstances; (2)
a copy of the covered military member's active duty orders when
the employee requests leave and/or documentation (such as Rest
and Recuperation leave orders) issued by the military setting forth
the dates of the military member’s leave; and (3) a completed
Certification of Qualifying Exigency form within 15 calendar days,
unless unusual circumstances exist to justify providing the form at
a later date.
Certification forms are available from the Human Resources
Department.
12.9.5.3 Failure to Provide Certification and to Return from Leave
Absent unusual circumstances, failure to comply with these notice
and certification requirements may result in a delay or denial of the
leave.
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12.9.6 Generally, FMLA Leave is unpaid. The District may require employees to use
accrued vacation and/or sick leave during FMLA Leave. When accrued
vacation and/or sick leave is exhausted, the balance of the leave is unpaid.
The use of paid benefits will not extend the length of a FMLA Leave.
12.9.7 Benefits
12.9.7.1 The District will continue making contributions for an employee’s
group health benefits during the employee’s leave on the same
terms as if the employee had continued to work. This means that if
an employee wants his/her benefits coverage to continue during the
leave, the employee must also continue to make any premium
payments that he/she is now required to make. Employees taking
leave for a reason that is common to both Fed-FMLA and CFRA
and, therefore, leave is running concurrently -will generally be
provided with group health benefits for a 12 workweek period.
When employees take leave for a reason that is not common to
both Fed-FMLA and CFRA and, therefore, leave is running
consecutively, the District will continue the employee's health
insurance benefits for up to a maximum of 12 workweeks in a
12-month period during each applicable leave. Employees taking
Military Caregiver Leave may be eligible to receive group health
benefits coverage for up to a maximum of 26 workweeks. The
District may recover the premiums paid for the employee during
the leave if the employee fails to return from leave after the period
of leave has expired for a reason other than the continuation,
recurrence, or onset of a serious health condition that entitles the
employee to leave or other circumstances beyond the control of the
employee. Accrued benefits such as vacation and sick leave will
not accrue while on an unpaid FMLA Leave.
12.9.7.2 If an employee is on a FMLA Leave but is not entitled to
continued paid group health insurance coverage, the employee may
continue his/her coverage through the District in conjunction with
federal and/or state COBRA guidelines by making monthly
payments to the District for the amount of the relevant premium.
Please contact Human Resources for further information.
12.9.8 Job Reinstatement
12.9.8.1 Under most circumstances, an employee will be reinstated to the
same position held at the time of the leave or to an equivalent
position with equivalent pay, benefits, and other employment terms
and conditions. However, employees have no greater right to
reinstatement than if he/she had been continuously employed
rather than on leave.
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12.9.8.2 Prior to being allowed to return to work, an employee wishing to
return from a Serious Health Condition Leave must submit an
acceptable release from a health care provider that certifies the
employee can perform the essential functions of the job as those
essential functions relate to the employee's serious health
condition. For an employee on intermittent FMLA Leave, such a
release may be required if reasonable safety concerns exist
regarding the employee’s ability to perform his or her duties, based
on the serious health condition for which the employee took the
intermittent leave.
12.9.9 Entitlement to FMLA Leave for the purposes of the unit member's own illness
(except for pregnancy disability taken under FMLA instead of CFRA) shall be
satisfied by and run concurrently with leaves taken pursuant to Section 12.4
(Sick Leave), Section 12.4.2 (Extended Sick Leave), and Section 12.15
(Parental Leave).
12.9.10 Section 12.9 of this Agreement may be reopened at the request of either party
if further legislation or state or federal regulations are implemented.
12.9.11 Department of Labor Notice WH1420 is attached to this Agreement as
Appendix C.
12.10 Pregnancy Disability Leave
12.10.1 Any employee who is disabled by pregnancy, childbirth, or a related medical
condition is eligible for a Pregnancy Disability Leave of Absence. There is no
length of service requirement.
12.10.2 For purposes of this Section, an employee is disabled when, in the opinion of
the employee’s healthcare provider, she cannot work at all or are unable to
perform any one or more of the essential functions of the employee’s job or to
perform them without undue risk to herself, the successful completion of her
pregnancy, or to other persons as determined by a health care provider. This
term also applies to certain pregnancy-related conditions, such as severe
morning sickness or if an employee needs to take time off for prenatal or
postnatal care, bed rest, post-partum depression, and the loss or end of
pregnancy (among other pregnancy-related conditions that are considered to
be disabling).
12.10.3 Reasonable Accommodation for Pregnancy-Related Disabilities
12.10.3.1 Any employee who is affected by pregnancy may also be eligible
for a temporary transfer or another accommodation. There is no
length of service requirement. An employee is affected by
pregnancy if she is pregnant or has a related medical condition, and
because of pregnancy, the employee’s health care provider has
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certified that it is medically advisable for her to temporarily
transfer or to receive some other accommodation.
12.10.3.2 The District will provide a temporary transfer to a less strenuous or
hazardous position or duties or other accommodation to an
employee affected by pregnancy if: she requests a transfer or other
accommodation; the request is based upon the certification of her
health care provider as “medically advisable”; and the transfer or
other requested accommodation can be reasonably accommodated
pursuant to applicable law.
12.10.3.3 As part of this accommodation process, no additional position will
be created and the District will not discharge another employee,
transfer another employee with more seniority, or promote or
transfer any employee who is not qualified to perform the new job.
12.10.4 Advance Notice and Medical Certification
To be approved for a pregnancy disability leave of absence, a temporary
transfer or other reasonable accommodation, an employee must:
12.10.4.1 Provide 30 days’ advance notice before the leave of absence,
transfer or reasonable accommodation is to begin, if the need is
foreseeable;
12.10.4.2 Provide as much notice as is practicable before the leave, transfer
or reasonable accommodation when 30 days’ notice is not
foreseeable; and
12.10.4.3 Provide a signed medical certification from the employee’s health
care provider that states that the employee is disabled due to
pregnancy or that it is medically advisable for the employee to be
temporarily transferred or to receive some other requested
accommodation.
The District may require an employee provide a new certification
if she requests an extension of time for the leave, transfer or other
requested accommodation.
12.10.5 Duration
12.10.5.1 The District will provide an employee with a Pregnancy Disability
Leave of Absence for the duration of her pregnancy-related
disability for up to four (4) months. This leave may be taken
intermittently or on a continuous basis, as certified by her health
care provider. The four months of leave available to an employee
due to her pregnancy related disability is defined as the number of
days (and hours) the employee would normally work within four
calendar months or 17.33 workweeks.
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12.10.5.2 Any temporary transfer or other reasonable accommodation
provided to an employee affected by pregnancy will not reduce the
amount of Pregnancy Disability Leave time the employee has
available to her unless the temporary transfer or other reasonable
accommodation involves a reduced work schedule or intermittent
absences from work.
12.10.6 Reinstatement
12.10.6.1 If the employee and the District have agreed upon a definite date of
return from her leave of absence or transfer, she will be reinstated
on that date if she notifies the District that she is able to return on
that date. If the length of the leave of absence or transfer has not
been established, or if it differs from the original agreement, she
will be returned to work within two (2) business days, where
feasible, after she notifies the District of her readiness to return.
12.10.6.2 Before an employee will be allowed to return to work in her
regular job following a leave of absence or transfer, she must
provide Human Resources with a certification from her health care
provider that she can perform safely all of the essential duties of
her position, with or without reasonable accommodation. If she
does not provide such a release prior to or upon reporting for work,
she will be sent home until a release is provided. Any time an
employee is not allowed to work due to not having provided the
required release will be unpaid.
12.10.6.3 An employee will be returned to the same or a comparable position
upon the conclusion of her leave of absence or transfer. If the
same position is not available on the employee’s scheduled return
date, the District will provide her a comparable position on her
scheduled return date or within 60 calendar days of that return
date. However, the employee will not be entitled to any greater
right to reinstatement than if she had not taken the leave. For
example, if an employee would have been laid off had he/she not
gone on leave, or if the employee’s position has been eliminated
during the leave, then the employee will not be entitled to
reinstatement.
12.10.6.4 Failure to return to work at the conclusion of the leave of absence
may result in termination of employment, unless an employee is
taking additional leave provided by law or District policy or the
District has otherwise approved the employee to take additional
time off.
12.10.7 Integration with Other Benefits
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12.10.7.1 Pregnancy Disability Leaves of Absence and accommodations that
require an employee to work a reduced work schedule or to take
time off from work intermittently are unpaid. The District may
require employees to use accrued vacation and/or sick leave during
the leave. When accrued vacation and/or sick leave is exhausted,
the balance of the leave is unpaid. However, use of paid time off
will not extend the available leave of absence time. Vacation and
sick leave hours will not accrue during any unpaid portion of the
leave of absence, and an employee will not receive pay for official
holidays that are observed during her leave of absence except
during those periods when the employee is substituting vacation or
sick leave for unpaid leave. Entitlement to pregnancy disability
leave shall be satisfied by and run concurrently with leaves taken
pursuant to Section 12.4 (Sick Leave) and Section 12.4.2
(Extended Sick Leave).
12.10.7.2 Employees should apply for California State Disability insurance
(“SDI”) benefits. SDI forms are available from the District or the
employee’s health care provider. Any SDI for which an employee
is eligible will be integrated with accrued vacation, sick leave, or
other paid time off benefits so that she do not receive more than
100% of her regular pay.
12.10.8 Benefits
12.10.8.1 The District will maintain an employee’s health insurance benefits
during an employee’s Pregnancy Disability Leave for a period of
up to four months, as defined above, on the same terms as they
were provided prior to the leave time. If an employee takes
additional time off following a Pregnancy Disability Leave that
qualifies as California Family Rights Act (“CFRA”) leave, the
District will continue the employee’s health insurance benefits for
up to a maximum of 12 workweeks in a 12-month period.
EXAMPLE: An employee takes 17.33 workweeks off due to a
pregnancy disability. Assuming the employee is eligible for
FMLA and CFRA leave, her Pregnancy Disability Leave will also
be concurrently covered by FMLA and her group health insurance
coverage would continue for the entire 17.33 workweek period. If,
after the employee’s pregnancy disability leave and FMLA Leave,
has been completed, she wishes to take 12 additional weeks off
from work to bond with a new baby under CFRA, the District will
continue her health insurance benefits for the 12 workweek period.
12.10.8.2 In some instances, the District may recover premiums it paid to
maintain health insurance benefits if an employee fails to return to
work following her pregnancy disability leave for reasons other
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than taking additional leave afforded by law or District policy or
not returning due to circumstances beyond her control.
12.11 Paid Family Leave
12.11.1 Unit members may apply for Paid Family Leave (PFL) for up to six weeks in
a rolling 12 month period to care for a seriously ill child, spouse, registered
domestic partner or parent or to care for a newborn baby or newly-adopted
child. PFL provides the employees with partial pay, not full pay. Of the unit
member is also eligible for unpaid family leave under federal and state law
(FMLA/CFRA), that leave will run concurrently with the PFL.
12.11.2 There is a waiting period of 7 calendar days from the time the employee
requests the leave until the PFL begins.
12.11.3 The unit member shall use up to six (6) days of accrued sick leave under
section 12.4.2, and/or Personal Necessity Leave, or accrued vacation during
the 7-day waiting period. The unit member is then eligible for six (6) weeks
of PFL. The unit member will have the option to coordinate PFL with any
remaining days of the six (6) days of accrued sick leave available under
section 12.4.2 or any of the seven (7) days of Personal Necessity Leave under
section 12.6 or vacation in order to maintain full pay.
12.11.4 Unit members who are eligible for FMLA/CFRA (employees who have
worked at least 1250 hours in the previous year) will continue to receive the
District contribution toward health benefits during this PFL. Unit members
who are not eligible for FMLA/CFRA may continue their health insurance
coverage at their own expense while on PFL.
12.12 General Provisions Governing Leaves of Absence
12.12.1 The approval or denial of a leave of absence, except in cases where a leave of
absence must be granted by specific provisions of law and/or this Agreement,
shall be construed to be a right reserved by the District and Board. The
exercise of discretion by the District or Board shall not constitute a grievance
under the provisions of Article 15 of this Agreement, provided, however,
nothing herein shall deprive a unit member the right to pursue a grievance
relating to a violation of any other provisions of this leave Section.
12.12.2 If a unit member is on leave for more than 75% of his/her school year, the unit
member shall not be entitled to a year of service for salary placement
purposes.
12.12.3 An employee requesting a leave under this section must submit a request to
his/her immediate supervisor at least thirty (30) calendar days prior to the date
requested for the commencement of the leave.
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12.12.3.1 The request shall also include the length of the leave but will not
exceed beyond the work year during which the leave commences.
12.12.3.2 The immediate supervisor must promptly forward the request for
leave to the District Human Resources Department for approval.
12.12.4 An employee may, at the discretion of the Board of Trustees, be granted an
extension of an approved leave of absence for a maximum of one year.
12.12.4.1 Employees requesting an extension are not guaranteed
reassignment to the same work site.
12.12.5 Section 12.12, in its entirety, shall apply to all leaves granted under this
Article except as otherwise specified.
12.13 Sick Leave Bank/Catastrophic Leave
CSEA and the District agree to establish the CSEA Chapter 412 Catastrophic Leave
Bank.
12.13.1 Eligibility
12.13.1.1 Unit members who have exhausted applicable paid leaves provided
for in the collective agreement, including differential pay, may use
Catastrophic Leave as provided for in this Article.
12.13.1.2 To qualify for Catastrophic Leave, the employee must have
suffered an illness or injury that is expected to incapacitate the
employee for an extended period of time.
12.13.1.3 Catastrophic Leave is not to exceed a cumulative maximum of
eighty-five (85) days per individual or the maximum number of
days donated pursuant to this section, whichever is less.
Catastrophic Leave shall be taken in one (1) day increments, based
on FTE.
12.13.1.4 Participation in the Catastrophic Leave Bank is voluntary.
Employees who wish to participate will donate up one (1) sick or
vacation day beginning October 1, 2020. Bargaining unit members
who participated in the Catastrophic Leave Bank by making
donations in the 2018-2019 school year, will not be required to
donate any additional days in order to remain eligible as a
participant in the Catastrophic Leave Bank. Day(s) may be donated
from accrued sick leave and/or vacation days. New hires will have
thirty (30) calendar days from date of hire to elect to participate.
12.14.1.5 Unit members who do not join the Bank by October
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1, 2020, or within 30 days of hire, will have to wait until the next
open enrollment period which shall be October 1 of school year
and will not be eligible to receive a contribution from the Bank
until they have officially joined the Bank.
12.13.1.6 The Catastrophic Leave Bank Committee may solicit an additional
request for donations of sick leave and/or vacation days that is
mailed to members if the Bank falls below forty-five (45) days or
is deemed by the Catastrophic Leave Bank Committee to be low
on the number of days in the bank.
12.13.1.7 Membership may only be established in accordance with Section
12.14.1.4 and 12.14.1.5 and any transfer of sick leave or vacation
day donations to the Catastrophic Leave Bank are irrevocable.
12.13.2 Catastrophic Leave Bank Committee
The Catastrophic Leave Bank Committee shall be established consisting of
five (5) unit members: The President of CSEA Chapter 412, and a
representative of the other four groups comprising CSEA (If the president is
representing instructional aides, then a health clerk, secretary, library clerk,
and district office employee must be on the committee).
12.13.2.1 It shall be the responsibility of the Committee to administer the
Catastrophic Leave Bank in accordance with the Agreement and
applicable state law. The duties of the Committee are to:
a. Receive leave requests;
b. Verify the validity of requests;
c. Approve or deny requests;
d. Communicate its decision to affected employees and
the Superintendent;
e. Solicit donations of sick leave/vacation days from
members of the Catastrophic Leave Bank as needed.
12.13.2.2 The President of CSEA Chapter 412, or his/her designee, shall be
designated as the Chairperson.
12.13.2.3 The District shall cooperate with the Committee in establishing
appropriate record keeping procedures including the total number
of accumulated days in the Bank and the names of participating
members.
12.13.2.4 The Committee shall keep all records confidential and shall not
disclose the nature of any illness except as is necessary to process
the request for leave and appeals of denials.
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12.13.2.5 A quorum of the Committee shall consist of three (3) members.
Approval of a request shall require a majority vote of the members
present at a properly convened meeting of the Committee
consisting of at least a quorum.
12.13.3 Application Process
12.13.3.1 A member desiring Catastrophic Leave shall submit a request on
the appropriate form to the Catastrophic Leave Bank Committee,
stating the facts, which support a need for Catastrophic Leave
including verification. The Committee shall review the application
and make its decision within a reasonable period of time.
12.13.3.1.2When the Committee determines that the member is
eligible for Catastrophic Leave, it shall designate the
number of days of eligibility. No days may be granted
retroactively. The Committee may approve eligibility
in renewable increments not to exceed thirty (30) days.
If donated days of leave are available from the Bank,
members in accordance with the procedure outlines
may use them. If sufficient days are not available, the
Committee may solicit donations of days from
members of the Catastrophic Leave Bank in accordance
with the Agreement on the appropriate form approved
by CSEA Chapter 412 and the district.
If the Committee reasonably believes that the applicant
may be eligible for a disability allowance or disability
retirement under PERS or Social Security, the
Committee may request that the applicant apply for
such benefits. If the applicant refuses to submit a
complete application, including medical information
provided by the applicant’s physician, within twenty
(20) calendar days, he/she shall no longer be eligible for
days from the Catastrophic Leave Bank for the pending
application.
The applicant shall comply with any requests for
additional information from PERS or Social Security
with fifteen (15) calendar days, or his/her eligibility to
participate in the Catastrophic Leave Bank shall cease.
If denied benefits by PERS or Social Security, the
applicant must appeal, or his/her eligibility to
participate in the Catastrophic Leave Bank shall cease.
12.13.4 Miscellaneous
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12.13.4.1 All solicitations for donations to the Catastrophic Leave Bank shall
be made by the Committee on the appropriate form approved by
CSEA Chapter 412 and the District Business Manager.
12.13.4.2 Any employee who severs employment with the District shall have
the option to donate up to a maximum of six (6) days of accrued
sick leave and/or vacation. Donations must be made at time of
separation.
12.13.4.3 Unused days remaining in the Catastrophic Leave Bank shall carry
over from year to year.
12.13.4.4 Unit members using days granted to them from the Catastrophic
Leave Bank shall not accrue any other leave provided by this
Agreement or by law.
12.13.4.5 The Catastrophic Leave Bank is subject to appeal to the CSEA
Chapter 412 Executive Board only, and is not subject to review or
appeal under any other procedure.
12.14 Parental Leave
12.14.1 Operative Date
This Section shall become effective as of January 1, 2017.
12.14.2 Interpretation of Parental Leave Section
This Section is based on Education Code section 45196.1 and shall be
interpreted and implemented in compliance with Section 45196.1 as amended
by the California Legislature or interpreted by a court with jurisdiction over
the District and CSEA.
12.14.3 Definition of Parental Leave
For the purposes of this Section, “parental leave” has the same definition as
set forth in Education Code section 45196.1. Education Code section 45196.1
defines “parental leave” as “leave for reason of the birth of a child of the
employee, or the placement of a child with an employee in connection with
the adoption, or foster care of the child by the employee.”
12.14.4 Eligibility for Parental Leave
During each school year, when a unit member has exhausted all available sick
leave, including all accumulated sick leave, and continues to be absent from
the unit member’s duties on account of parental leave pursuant to Government
Code section 12945.2 and/or Education Code section 45196.1 for a period of
up to 12 work weeks, the amount deducted from the salary due the unit
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member for any of the additional 12 weeks in which the absence occurs shall
not exceed the sum that is actually paid a substitute employee employed to fill
the unit member’s position during the unit member’s absence. Effective
January 1, 2019, in no event, will a bargaining unit employee receive less than
50% of their salary while using leave under this Section.
In order to be eligible for leave under this Section, a unit member is not
required to have 1,250 hours of service with the employer during the previous
12-month period; however, the unit member must otherwise satisfy the
requirements set forth in Government Code section 12945.2(a) and Article
12.9.1.
12.14.5 Calculation of Parental Leave
For the purposes of this Section:
12.14.5.1 The 12-week period shall be reduced by any period of sick leave,
including accumulated sick leave, taken during a period of parental
leave pursuant to Government Code section 12945.2 and Article
12.9 if the unit member qualifies for such leave.
12.14.5.2 For unit members who have not worked 1,250 hours during the
previous 12-month period, but otherwise meet the requirements of
Government Code section 12945.2(a) and Article 12.9.1, the
12-week period shall be reduced by any period of sick leave,
including accumulated sick leave, taken during a period of parental
leave.
12.14.5.3 A unit member shall not be provided more than one 12-week
period per parental leave. If a school year terminates before the
12-week period is exhausted, however, the unit member may take
the balance of the 12-week period in the subsequent school year.
12.14.5.4 The aggregate amount of parental leave taken pursuant to this
Section and Section 12945.2 of the Government Code shall not
exceed 12 workweeks in a 12-month period. Leave taken under
this Section must be completed within 12-months of the birth,
adoption or placement of a child foster care.
12.14.5.5 Parental leave taken pursuant to this Section shall run concurrently
with parental leave taken pursuant to Government Code section
12945.2 and Article 12.9.
12.14.6 One 12-Week Leave Period Both Parents Employed by The District
When both spouses (registered domestic partners) of the child are employed
by the District and are eligible for leave under this Section, consistent with
Article 12.9.4.1, the spouses (or registered domestic partners) will be limited
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to a total of 12 workweeks off between the two of them when the leave is for
parental leave.
12.14.7 Governing Board Approval Not Required
This Section shall be applicable whether or not the absence from duty is by
reason of a leave of absence granted by the District’s Governing Board.
ARTICLE 13 - TRANSFERS, PROMOTIONS AND DEMOTIONS
13.1 Definitions
13.1.1 Definition of Transfer
13.1.1.1 The movement of an employee from one workstation/site to
another work station/site within the same classification.
13.1.1.2 The movement of an employee from one classification to another
classification in the same job family with the same salary range
designation.
13.1.1.3 The movement of an employee from a classification in one job
family to a classification in another job family with the same salary
range designation.
13.1.2 Definition of Voluntary Employee Transfer
A voluntary employee transfer is a transfer initiated by the unit member.
13.1.3 Definition of Administrative Transfer
Administrative transfer is defined as the District-initiated movement of an
employee from one work station/site to another within the same classification.
13.1.4 Definition of Job Family
For the purpose of this Section, job family shall be designated in the classified
salary schedule and are specifically the following: Secretarial, School Office,
and Clerical; Media Services; Instructional; Business Office and Child
Nutrition Services; Information Technology; and Child Care.
13.1.5 Definition of Promotion
Promotion is defined as the movement of an employee from one classification
to another classification with a higher salary range designation.
13.1.6 Definition of Demotion
Demotion shall be defined to mean the reassignment, voluntary or involuntary,
to a position which is of a lower salary range. In the case of a demotion, the
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employee shall receive the salary on the lower range and shall receive any
step (service) increment earned in the former position.
13.1.7 Definition of Opening
An opening is any position that is temporarily available because of an
employee on a leave of absence or a temporary reassignment.
13.1.8 Definition of Vacancy
A vacant position is created when an employee permanently leaves the
position or when the District creates a new position.
13.2 Procedures for Filling Vacancies
13.2.1 If the District decides to fill a vacant position, it will use the following process
to fill the position in descending order:
13.2.1.1 Administrative transfers or involuntary demotions.
13.2.1.2 Voluntary transfers submitted consistent with Article
13.2.4.1-13.2.4.3
13.2.1.3 Voluntary transfers submitted consistent with Article 13.2.5,
promotions or voluntary demotions.
13.2.2 The District shall have sixty (60) days to fill vacant or newly created
positions. If the District decides not to fill a vacant position within sixty (60)
days, the District will notify CSEA.
13.2.2.1 The sixty (60) days shall begin the first day of posting of a vacancy
notice or with the first day that the position is occupied by a
substitute employee, whichever occurs first. (A substitute shall be
any person not assigned to the position on a probationary or
permanent basis.)
13.2.2.2 If the position remains unfilled after the sixty (60) day period, the
District shall consult with CSEA on the problems in filling the
position, at which time CSEA may grant a thirty (30) day
extension.
13.2.2.3 If CSEA does not agree to an extension or if the position remains
unfilled at the conclusion of the extension period, the services of
the substitute shall be terminated immediately and the position
shall remain vacant.
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13.2.3 The District retains the right to determine the qualifications of candidates.
13.2.4 Filling Vacancies Via Voluntary Transfer Requests Without Posting
13.2.4.1 Permanent employees shall be eligible to submit a voluntary
transfer request and be considered for the vacancy as long as the
employee meets the requirements of Article 13.2.4.2 and 13.2.4.3
and: (a) meets the minimum qualifications of the position; (b) has
not accepted a voluntary transfer during that school year; and (c) is
not currently on a performance improvement plan. If an employee
meets the criteria set forth above, the employee will be interviewed
for the vacancy. Probationary employees are not eligible to submit
a voluntary transfer request.
13.2.4.2 Unit members may initiate a voluntary employee transfer request
by giving written notice to the Human Resources Department by
October 1st using the District provided Voluntary Transfer Form.
Transfer requests shall be active for a period of one year
subsequent to filing, unless the unit member withdraws the request.
13.2.4.3 Except for voluntary transfer requests submitted in accordance
with Article 13.1.1.1, written voluntary transfer requests shall
include specific work locations desired (up to four locations may
be selected); the number of hours the unit member desires;
qualifications, including experience; education, and special skills;
and, where applicable, the particular program desired. Employees
submitting a voluntary transfer request under Article 13.1.1.1 must
provide the information specified in the preceding sentence except
that they may choose to or not to provide their experience,
education, and special skills. Written voluntary transfer requests
shall be kept confidential until an appropriate vacancy occurs at
which time if the employee’s desired work location is vacant, the
vacancy has the requested number of hours and, if applicable, is
within the particular program and the bargaining unit employee
meets the requirements of Article 13.2.4.1, the employee will be
interviewed for the vacancy in accordance with the procedure set
forth in Article 13.3.
13.2.4.4 An employee who submitted a voluntary transfer request consistent
with the requirements of Article 13.2.4, who is interviewed for the
vacant position, and is not selected for the vacant position, may:
13.2.4.4.1 Request to meet with the hiring manager or Human
Resources to discuss the denial; or
13.2.4.4.2 May request, in writing, an explanation for why
he/she was not selected.
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13.2.5 Filling Vacancies Via Transfers Submitted During the Posting Of A Vacant
Position, Promotions, Voluntary Demotions, And External Candidates
13.2.5.1 If the vacancy is not filled by a voluntary transfer as set forth in
Article 13.2.4, the District will post the vacancy in each work site
for at least five (5) days prior to the vacancy being filled.
Employees who wish to be considered for such positions shall
complete the required application forms and procedures by the
stated deadline for the application.
13.2.5.2 The notice of the position openings shall include the job title and
position, description of duties, minimum qualifications, salary
range required for the position, work site, assigned work shift
hours, months (work calendar) per year, deadline to apply, and
projected starting date.
13.2.5.2 Notice of vacancies in the bargaining unit will be forwarded to
CSEA.
13.2.5.3 Except for promotional candidates, permanent employees shall be
eligible to apply for the vacant position as long as the employee:
(a) meets the minimum qualifications of the position; (b) has not
accepted a voluntary transfer during that school year; and (c) is not
currently on a performance improvement plan. If an employee
meets the criteria set forth above, the employee will be interviewed
for the vacancy in accordance with the procedure set forth in
Article 13.3. Probationary employees are not eligible to apply for
a transfer, promotion, or voluntary demotion. In the event a
permanent employee meets all other minimum qualifications of a
vacant position and other criteria set forth above but does not meet
the minimum words per minute typing requirements of a vacant
position, he/she shall be interviewed as long as he/she has
accurately tested within 10 words per minute of the required words
per minute minimum for that vacant position.
13.2.5.4 After the five working day posting period has ended, the District
may interview simultaneously internal and external candidates for
bargaining unit vacancies; however, internal candidates for
bargaining unit positions will be given preferential consideration
by being given additional points equal to 10% of the total possible
points by each member of the interview panel.
13.2.5.5 An employee who applies for a vacant or newly created position as
set forth in this Section, who is interviewed for the position, and
who is not selected for the position, may request:
13.2.5.5.1 To meet with the hiring manager or Human Resources
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to discuss the denial; or
13.2.5.5.2 May request, in writing, an explanation for why he/she
was not selected.
13.2.6 Administrative Transfers
13.2.6.1 Administrative transfers may be initiated by the Superintendent or
designee and shall be based on the work-related special needs of
the District and/or welfare of the employee involved.
13.2.6.2 In the event that circumstances require that an employee be
transferred on an administrative basis, the employee and CSEA
shall be informed of the reason(s) in writing prior to such action
and shall be afforded an opportunity to meet with the District
regarding the transfer.
13.2.6.3 An Instructional Assistant may make an administrative transfer in
order to accompany a teacher who is transferring if there is mutual
agreement between the District and CSEA. Any such transfer shall
not be considered a precedent. Administrative transfers made for
the purpose of keeping an Instructional Assistant/Teacher team
together will be considered on a case-by-case basis.
13.2.7 Promotions
13.2.7.1 When a vacant position is posted, employees must meet the
standards set forth in Article 13.2.5.3(a) and (c), including being a
permanent employee, to apply for a promotion.
13.2.7.2 An employee who is promoted must receive a satisfactory
evaluation by the end of the first six (6) months in order to become
a permanent employee in the new classification. If the employee is
unable to complete a successful evaluation period, the
administration may, at its option, extend the evaluation period an
additional three (3) months. If the employee is still unable to
obtain permanent status, he/she shall be immediately reclassified to
his/her previous classification and assigned to the first vacancy in a
position where the employee obtained permanent status. CSEA
and the District shall meet and confer concerning implementation
of this return to the prior class.
13.2.8 Involuntary Demotions
Involuntary demotion of an employee who has obtained permanent status in
his/her job classification requires the Superintendent’s approval.
13.3 Interview Process
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13.3.1 The members of the interview panel will independently rank applicants
without discussion and then shall discuss the rankings to determine the highest
rating candidate. If the interview panel determines that, between two internal
candidates, all other things are equal with respect to filling the vacancy, then
the person with the greatest hire date seniority shall be the highest ranked
candidate. The panel’s determination shall not be grievable.
13.3.2 The interview panel will forward the name of the highest-rated candidate to
the appropriate managers, subject to reference checks for outside candidates.
13.3.3 The interview panel may include a bargaining unit member from the
classification of the vacancy. CSEA shall provide the District with a list of
bargaining unit employees who wish to serve on interview panels by July 15th
of each fiscal year. The District will provide release time without loss of pay
to bargaining unit members who participate on the interview panel.
13.3.3.1 The District will contact employees within the classification of the
vacancy on the list provided by CSEA at least three workdays in
advance of the interview panel, unless otherwise agreed between
the District and CSEA.
13.3.3.2 If the District is not able to obtain a CSEA bargaining unit
employee to act as a panel member from the list provided by
CSEA, the District will notify the CSEA President or CSEA
Designated Executive Board Member, if the President is not
available. By 5:00 p.m. on the next workday after receiving notice
from the District, CSEA will notify the District of its intent to
appoint a CSEA bargaining unit employee to the panel or allow the
District to proceed with the interview panel without the
participation of a bargaining unit employee. If CSEA elects to
appoint an employee to the interview panel, it may select a CSEA
Officer or a bargaining unit employee from the classification of the
vacancy.
13.4 Tests
13.4.1 If an employee has previously passed a test for a position for which the
employee is currently an applicant, then the employee shall not be required to
retake the test if the same test was previously passed. The District, however,
reserves the right to require an employee to take a test he/she has previously
passed upon providing written notice to the employee. The District’s notice
must provide the basis for why it is requiring the employee to take such a test.
13.4.2 The results of an employee’s skills test will remain on file.
13.5 Acceptance/Declination of Transfer/Promotion
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13.5.1 For vacancies filled through the process set out in Article 13.2.4, 13.2.5, and
13.2.7, the District will provide the employee with notice that he/she has been
selected for the position via email and phone (if the employee does not
answer, the District will attempt to leave a message notifying the employee
he/she has been selected to receive the transfer or promotion, as applicable).
13.5.2 The employee will have until 4:00 pm the next workday from the District
providing notice to either accept or decline the transfer or promotion, as
applicable. If the employee does not respond in a timely manner, the
employee will no longer be eligible for that transfer or promotion and the
District will proceed to the next candidate or may, if necessary, repost the
position.
13.5.3 The District will provide written notice to the employee of the effective date
of the transfer or promotion, as applicable.
ARTICLE 14 - EVALUATION PROCEDURES
14.1 Evaluation
No evaluation of any employee shall be placed in any personnel file without an
opportunity for discussion between the employee and the evaluator. No evaluation shall
be made based upon hearsay statements without an attempt by the evaluator to verify the
information. Both the evaluator and the employee must sign the evaluation. Any
negative evaluation shall include specific recommendations for improvements and
provisions for assisting the employee in implementing any recommendations made.
Evaluation shall be as set forth in the Article and any forms adopted by the Governing
Board.
14.2 Procedure for Evaluation
14.2.1 The evaluation form is to be issued by the Program Manager/Supervisor
immediately responsible for the work of the employee. The employee may
request a person who exercises functional supervision to provide the Program
Manager/Supervisor with information regarding employee's performance.
14.2.2 The evaluation is used to rate each person against the requirements of his
position. This form will be placed in the employee's personnel file located in
the District Human Resources Office. Employees shall be allowed to review
evaluations contained in their personnel file.
14.2.3 All markings and comments must be typed or written in ink. In cases where
changes or corrections are necessary, they must be initialed by the employee
before being placed on file in the Human Resources Office.
14.2.4 Probationary employees should be evaluated prior to the end of the third and
the end of the fifth month of employment. If an employee fails to complete a
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successful probationary period as provided in this Section, the employee shall
be dismissed.
14.2.5 Permanent employees shall be evaluated at least once every two (2) years.
The employee's written evaluation is to be transmitted to the employee prior
to the last working day in March.
14.2.6 Information of a derogatory nature, such as unsatisfactory evaluation, shall not
be entered into a personnel file until the employee is given five (5) days’
notice and an opportunity to review and attach a written rebuttal to such
derogatory material.
14.2.7 If the evaluator determines that the employee's overall performance is
unsatisfactory, the evaluator shall give specific reasons in writing as to why
the employee's performance is deemed unsatisfactory and shall provide the
employee with a written Classified Assistance Plan to help improve the
employee's performance. The employee has the right to request CSEA
representation at any meeting about the Classified Assistance Plan. An
employee with an overall unsatisfactory evaluation shall be reevaluated after
two months on the Classified Assistance Plan. If insufficient improvement is
made and the employee receives a second overall unsatisfactory evaluation,
the employee shall not be eligible for a step increase, longevity pay increase,
overtime or summer work. The District shall provide CSEA with a written
notice of every recommendation to withhold a step increase or longevity pay
increase. The employee shall have the right to appeal to the Assistant
Superintendent, Human Resources or designee who will review every
recommendation for withholding a step or longevity increase, and the
employee shall be advised that he/she has the right to CSEA representation in
the appeal process. If the employee receives a third unsatisfactory evaluation,
the employee may be terminated in accordance with the procedures set forth
in Article 18. If the employee improves job performance to overall
satisfactory, the employee shall receive any applicable step increase or
longevity increase on a non-retroactive basis at that time, effective as of the
reevaluation date. After that the next step raise shall continue to be on the
employee's anniversary date. Nothing in this article shall preclude the District
from taking separate action under Article 18 of the Agreement.
ARTICLE 15 - GRIEVANCE PROCEDURES
15.1 Definitions
15.1.1 A "grievance" is a claim by one or more members of the unit, or a claim by
CSEA on behalf of one or more members of the unit, of an alleged violation,
misinterpretation or misapplication of the provisions of this Agreement.
15.1.2 A "day" is any day in which the central administration office of the District is
open for business.
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15.1.3 A "workday" is any day in which the employee is required to report for duty.
15.1.4 A "representative" shall be a person chosen by the aggrieved with the advice
and consent of CSEA to represent the aggrieved.
15.1.5 The "immediate supervisor" is the management person having immediate
jurisdiction over the grievant.
15.1.6 A "Party In Interest" is any person who might be required to take action or
against whom action might be taken in order to resolve the claim.
15.2 Informal Level
Before filing a formal written grievance, but within fifteen (15) days after knowledge of
the act or omission giving rise to the grievance, the grievant shall attempt to resolve it by
an informal conference with the grievant's immediate supervisor. The grievant must
identify in writing the meeting as an informal grievance conference.
15.3 Formal Level
15.3.1 Level I
Within ten (10) days after the informal conference, the grievant must present
such grievance in writing on the appropriate form to the immediate supervisor.
15.3.1.1 This statement shall cite the appropriate provision of this
Agreement alleged to have been violated, misinterpreted, or
misapplied, the circumstances involved, the decision rendered at
the informal conference, and the remedy sought.
15.3.1.2 The supervisor shall communicate a decision to the employee in
writing within ten (10) days after receiving the grievance.
15.3.1.3 Prior to the supervisor's decision either party may request a
personal conference with the other party.
15.3.2 Level II
15.3.2.1 In the event the grievant is not satisfied with the decision at Level
I, the grievant may appeal the decision on the appropriate form to
the Superintendent or his designee within the ten (10) days after
receiving it.
15.3.2.2 This statement shall include a copy of the original grievance, the
decision rendered at Level I, and a statement of the reasons for the
appeal.
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15.3.2.3 The Superintendent/designee, shall communicate a decision within
ten (10) days after receiving the appeal.
15.3.2.4 Either the grievant or the Superintendent/designee, may request a
personal conference with the other party within the above time
limits.
15.3.3 Level III
If the grievance is not resolved at Level II, CSEA may, within fifteen (15)
school days of the receipt of the decision from Level II, request in writing that
the grievance be submitted to arbitration. The arbitrator’s decision shall be
binding to both parties.
15.3.3.1 This level of appeal shall be in writing and addressed to the
Superintendent. It shall be hand delivered or mailed by certified
mail.
15.3.3.2 Within ten (10) days of submission of the written request for
arbitration, CSEA shall contact the California State Mediation and
Conciliation Service, naming both parties to the grievance. The
California State Mediation and Conciliation Service shall send a
list of five (5) arbitrators to each of the parties, who will follow the
prescribed procedures for agreement on an arbitrator in that each
party will alternately strike from the list until only one (1) name
remains. That person shall be the arbitrator. The order of striking
will be determined by lot. Failure to request a panel of arbitrators
within these time limits shall result in the grievance being
considered as waived.
15.3.3.3 The arbitrator shall be provided all available documents relating to
the grievance. If any question arises as to the grievability of this
grievance, such question will first be ruled upon by the arbitrator
prior to hearing the merits of the grievance. Parties in interest shall
be given at least two (2) school days prior notice of scheduled
hearings. Parties in interest and their conferees shall have the right
to be present at such hearings.
15.3.3.4 The arbitrator shall consider only those issues raised by the parties
in interest. The arbitrator shall be without the power or authority
to make any decision that requires the commission of an act
prohibited by law or that violates the terms of the Agreement. The
arbitrator shall be without the authority to add to, subtract from, or
modify the terms of this Agreement, and the arbitrator shall
interpret this Agreement in accordance with arbitral standards of
contract interpretation.
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15.3.3.5 The arbitrator’s decision shall be final and in writing. The decision
will set forth the arbitrator’s findings of fact, reasoning and
conclusions of the issues submitted. The decision shall be
submitted to the parties.
15.3.3.6 Any cost of the proceedings, other than those incurred unilaterally
by either party, will be shared equally by the parties. If the
arbitrator requests a transcript of the proceeding, the cost of that
transcript shall be divided equally between the District and CSEA.
If either party requests a transcript of the proceedings, that party
shall bear the full cost of that transcript. If both parties request a
copy of the transcript, the total cost shall be divided equally
between the District and CSEA.
15.4 Miscellaneous Provisions
15.4.1 Since it is important that grievances be processed as rapidly as possible, the
number of days indicated at each level should be considered as a maximum
and every effort should be made to expedite the process. The time specified,
however, may be extended by mutual consent.
15.4.2 In the event a grievance is filed at such time that it cannot be processed
through all the levels in this grievance procedure by the last working day of
the school year, the time limits set forth herein will be reduced so that the
grievance procedure may be completed prior to the end of the work year, or as
soon thereafter as is practicable.
15.4.3 Time limits given in these procedures may be modified by written agreement
of all parties involved.
15.4.4 Once a formal grievance has been filed, all proceedings shall be as private and
as confidential as possible except when the grievance relates to matters
affecting all members of the staff.
15.4.5 A member of the unit may be represented at all stages of the grievance
procedure by himself, and by a representative(s) of CSEA.
15.4.6 When the grievant is not represented by CSEA, CSEA shall have the right to
receive a copy of the grievance and any proposed resolution of the grievance,
and to file a response at all stages of the grievance procedure prior to a
resolution of the grievance by the District.
15.4.7 A decision rendered at any level shall be considered final unless an appeal is
registered within the time limit specified. If a decision is not given to the
grievant within the time limit, an appeal may be taken to the next level.
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15.4.8 No party in interest shall take reprisals against any member of the unit, party
in interest, any representative, or any other participant in the grievance
procedure by reason of such participation.
15.4.9 Forms for filing grievances and other related documents will be developed
jointly by the Superintendent and CSEA and shall be available at the District
Office, each school, and the CSEA office.
15.4.10 The parties in interest agree to make available to each other all pertinent
information not privileged under law or District policies in its possession or
control, and which is relevant to the issues raised by the grievance.
15.4.11 When a grievance meeting or hearing is held during the workday, the
following unit members shall be released for the duration of the meeting or
hearing without loss of compensation: the grievant(s), his representative(s),
and any unit member(s) who is required to appear as a witness.
15.4.11.1 If it is necessary to investigate during the workday the situation
giving rise to the grievance, or if an unusual amount of time is
necessary to compile data requested by the District following
discussion between the grievant, his representative and the
management person involved, the request for release time will be
forwarded to the Assistant Superintendent for Human Resources.
The Assistant Superintendent may grant the request and provide
necessary release time without loss of compensation to the grievant
and/or his representative.
ARTICLE 16 - SAFETY
16.1 The District is obligated by law to conform and comply with all health, safety and
sanitation requirements imposed by state or federal law or regulations adopted under state and
federal law.
16.2 It shall be the responsibility of unit members to report unsafe, hazardous or unsanitary
conditions as soon as possible to the building supervisor who shall report the condition to the
administration as soon as possible.
16.3 Unsafe, hazardous or unsanitary conditions shall be corrected as soon as possible.
16.4 In the event a hazardous, unsafe, or unsanitary condition exists within any building, unit
members will not be required to work in that portion of the building and may be reassigned to
other District work sites.
16.5 CSEA shall have the right to appoint one member to serve on the District Safety
Committee.
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16.5.1 Attendance at District Safety meetings shall be without loss of pay or loss of
other benefits when meetings are scheduled during the employee's assigned
duty hours.
16.6 VDT-Video Display Terminal Use
The following provisions apply to employees who regularly use a VDT for four (4) or
more hours per day:
16.6.1 The District will provide an antiglare screen upon written request from the
employee.
16.6.2 Alternative Work Period
Every employee using a VDT for four (4) or more hours per day shall have
the right to take a five (5) minute alternative work period away from the VDT
at the end of every one hour of continuous work on the VDT to perform other
assigned work within the job description. Employees are encouraged to
observe this five (5) minute alternative work period.
16.6.3 Employees who work at VDT's are encouraged to have regular eye
examinations. If the cost of tinting lenses prescribed for an employee is not
covered by the District's vision care plan, the District shall reimburse
employees who use a VDT for four (4) for more hours per day for the cost of
having corrective lenses tinted in order to reduce glare and eye strain. The
District is not obligated to reimburse an employee for the cost of tinting lenses
more often than once per work year. The employee shall provide the District
with a receipt from the optometrist or optician verifying the cost of tinting the
lenses.
16.6.4 In order to prevent focusing problems while driving, no employee shall be
required to operate a VDT for a period of fifteen (15) minutes prior to the end
of the shift.
16.7 Staff Development Committee
16.7.1 CSEA and the District agree to establish a committee to address specific areas
of staff development for employees.
16.7.2 The Committee will be comprised of four employees, appointed by CSEA, the
Assistant Superintendent, Human Resources or designee, and up to two
additional District Leadership Team Members or representatives, which would
represent areas being discussed.
16.7.3 The Committee will meet on an as needed basis to address: (1) staff
development areas as presented as need areas; (2) design and/or seek out
resources for training; and (3) review and evaluate staff development
effectiveness in meeting needs of employees.
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16.7.4 CSEA membership on the Committee is voluntary and CSEA and the District
agree to have as little impact on the day-to-day services employees provide.
ARTICLE 17 – RECLASSIFICATION
17.1 Reclassification, Definitions
17.1.1 The parties agree that changing conditions may warrant reclassification of
positions and/or class of a part of the bargaining unit. It is also recognized
that both the District and CSEA have vested interests in such reclassifications.
The purpose of this Article is to facilitate necessary reclassifications and to
provide an orderly process for effecting the same.
17.1.2 Reclassification means the redefining of a position or group of positions to a
different job class with a corresponding change in title and job description, to
account for changes in technology, duties or work that may alter the nature of
the job.
Reclassification is distinguished from a regrade in that regrade constitutes a
change in salary without changes in job title or job description.
17.1.3 The District and CSEA agree to form a Job Description Committee, made up
of two members from each group with the Human Resources Director as the
fifth member. The task of the committee will be to review job descriptions on
an ongoing basis.
17.2 Procedures
17.2.1 When either party seeks to effect a reclassification, the District/CSEA shall
submit to the other party the following data:
17.2.1.1 The class or position to be reclassified.
17.2.1.2 The existing job description and salary placement.
17.2.1.3 The proposed job duties and salary placement.
17.2.1.4 Employees affected by the proposal and the proposed disposition
of same.
17.2.1.5 The basis for the reclassification.
17.2.2 The District shall have fifteen (15) working days to respond to a CSEA
proposed reclassification. It may:
17.2.2.1 Advise that it approves the proposal.
17.2.2.2 Call for a negotiating session.
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17.2.2.3 Exercise its management prerogative and inform CSEA that it does
not agree with the need to reclassify at which point CSEA may not
demand a negotiating session.
17.2.3 CSEA shall have fifteen (15) working days from date of receipt of the
reclassification proposal to respond. It may:
17.2.3.1 Advise that it approves the proposal.
17.2.3.2 Not respond.
17.2.3.3 Call for a negotiating session.
17.2.4 In the event CSEA does not respond to a District initiated proposal, the
District shall be free to implement its proposal.
17.2.5 Within the fifteen (15) working days of either party calling for a negotiating
session, the parties shall meet and strive, in good faith, to reach agreement. If
the parties have not been able to reach agreement by the end of at least three
(3) bargaining sessions and forty-five (45) working days, the parties will
immediately implement the impasse procedures.
ARTICLE 18 - DISCIPLINE
The District may discipline permanent bargaining unit members for just cause.
Disciplinary action is defined as dismissal, suspension, reprimands (oral and written), and
demotion.
18.1 Progressive Steps
In handling disciplinary matters, it is intended that the discipline shall be commensurate
with the offense and that, whenever possible, progressive steps be utilized unless the
incident giving rise to the discipline is of such a nature that more severe action is
appropriate. Progressive steps may be as follows:
18.1.1 Warnings: Except in those situations where an immediate suspension is
justified under the provisions of the Agreement, an employee whose work or
conduct is of such character as to incur discipline shall first be specifically
warned in writing by the supervisor. The supervisor shall give a reasonable
period of advance warning to permit the employee to correct the deficiency
without incurring more severe disciplinary action. Such warning shall state
that recurrences of the conduct giving rise to the warning may lead to further
disciplinary action, and a copy of the warning shall be sent to the Chapter
President.
18.1.2 Suspension
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18.1.3 Dismissal or involuntary demotion
18.2 Causes
Permanent employees shall be subject to disciplinary action for cause(s) as stated in
Board Policy and/or Administrative Regulations including compliance with the Drug
Free Workplace Act, and/or such causes as are enumerated in the Education Code.
18.3 Written Notice
When a dismissal, suspension, demotion, or reassignment is proposed, the District will
provide the bargaining unit member with a Notice of Proposed Action in writing of:
charges, possible penalty, procedure to be followed, right to respond, right to
representation and right to appeal. The Notice of Proposed Action shall be served in
person or by certified mail to the employee at the last known address.
18.3.1 The Notice of Proposed Action shall include the following:
18.3.1.1 A statement of the specific charges against the employee written in
ordinary and concise language. These statements shall include the
specific acts and/or omissions, including times, dates and location,
on which the disciplinary action is based, a statement of cause(s)
for the action being taken and, if it is claimed that the employee
has violated a rule or regulation of the District, such rule or
regulation shall be set forth in the Notice.
18.3.1.2 The nature of the disciplinary action being proposed.
18.3.1.3 The materials upon which the charges are based.
18.3.1.4 A right to respond to the charges, either orally or in writing, at the
employee's discretion, to the Superintendent/designee and the right
to have representation at such a meeting.
18.3.1.5 Notice of appeal rights as set forth in this Article.
18.3.1.6 The CSEA Chapter President will be provided with a copy of this
notice.
18.3.2 Unit members will be given five (5) working days from receipt of notice to
request a meeting with the Superintendent/designee in order to respond to the
charges, either orally or in writing. The unit member shall have a right to
have representation at such a meeting. This meeting shall constitute the
"Skelly" hearing. Failure to request this hearing within the specified time will
constitute a waiver of the right to a hearing.
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18.4 After the Skelly meeting or the passage of the time to request a Skelly meeting, the
Superintendent/designee will make a recommendation to the Board. The unit member will
be given a written notice of the recommendation.
18.4.1 An employee who has requested a Skelly meeting pursuant to Section 18.4.2
may appeal the recommendation to the Board. A card shall be provided the
employee; the signing of the card and delivery to the Superintendent shall
constitute a request for a hearing before the Board and a denial of all charges.
Failure to request a hearing within ten (10) calendar days from receipt of the
recommendation will constitute a waiver of the right to a hearing before the
Board.
18.4.2 If a hearing is requested, it shall be held within a reasonable time but not less
than ten (10) calendar days after the delivery of the request. Consistent with
the District's policies, the unit member and/or his/her representative may
appear before the Board to seek to change the recommended action. Failure to
request a hearing within the time specified will constitute a waiver of the right
to appear before the Board. Hearings shall be held in closed session unless
the unit member requests an open hearing. The Board may sustain, reject or
modify the recommended disciplinary action. In the event the unit member
has been suspended pending a Board hearing on his/her dismissal, the hearing
shall be consolidated with the dismissal hearing.
18.5 Emergency Suspension
When danger to the safety of an employee, other employees, the public or children exists,
the District may suspend a bargaining unit member pending completion of the procedures
provided in Sections 18.4.1 and 18.4.2. The employee shall suffer no loss of pay
following completion of these procedures, if it is determined that the suspension was
without cause.
18.6 The procedures of this Article are subject to the grievance procedure (Article 15);
however, the sufficiency of the cause for disciplinary action shall be determined by the Board
of Education and the Board's determination of the sufficiency of the cause shall be
conclusive.
18.7 No disciplinary action shall be taken for any cause which arose more than two (2) years
preceding the date of the filing of the Notice of Proposed Action.
ARTICLE 19 - LAYOFF PROCEDURES
19.1 Reason for Layoff
19.1.1 Consistent with the law, bargaining members shall be subject to layoff for lack
of work or lack of funds only.
19.2 Decision to Layoff
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19.2.1 A decision to lay off classified employees for lack of work or funds is solely
within the discretion of the Board of Trustees.
19.2.2 Prior to a reduction in force affecting members of the bargaining unit, the
District intends to use attrition if possible to avoid layoffs of unit members.
This shall not be construed to require the District to keep unit members to
provide services the District has decided to discontinue.
19.2.3 If there is a need to reduce the hours of a One-on-One position, the parties
agree to meet and negotiate about the proposed reduction.
19.2.4 The District will notify the Union of impending layoffs as far in advance as
possible and will meet with the Union, if requested, in order to discuss the
reasons for and alternatives to the proposed layoff. The parties may also,
upon mutual agreement, meet over effects not covered by Section 19.6 of this
Agreement.
19.2.5 The parties agree to meet upon request by either party to discuss the workload
impact on remaining employees following the layoff.
19.3 Notice to Employees
19.3.1 Procedures for layoff notice and rights to a hearing, if applicable, are set forth
in Education Code section 45117.
19.4 Order of Layoff
Whenever a classified employee is laid off, the order of layoff within the class shall be
determined by length of service. The parties agree that length of service shall be
determined by hire date seniority, which means date of hire into the job classification as
adjusted by any period of time on unpaid leave which exceeds 75% of one school year.
The employee with the shortest length of service in the class shall be laid off first.
Reemployment shall be in order of seniority of employees on any given reemployment
list, starting with the most senior employee first.
19.5 Displacement and/or Transfer Rights
19.5.1 In providing notice to employees of their displacement rights, if applicable,
the District will notify bargaining unit employees:
19.5.1.1 That they are subject to layoff and explain their
displacement/bumping rights.
19.5.1.2 Provide a five (5) calendar day deadline for the bargaining unit
employee to exercise their displacement/bumping rights and an
explanation that if they do not exercise their displacement rights
that they will be subject to a layoff.
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19.5.2 Employees whose positions are eliminated, or employees who are displaced
by a more senior employee may displace the least senior employee in the
same class or equal class, or may fill a vacant position. Displaced employees
without seniority in a class may elect to displace the least senior employee in
the next lower class or in an equal class in which the senior employee had
previously served, provided that this employee has more seniority than the
employee being displaced. No such displacement is allowed if the senior
employee has not previously gained permanent status in the District.
19.5.3 Instructional Assistants in any Instructional Assistant classification who
become Title I Instructional Assistants will take lateral seniority with them.
For example, an employee in the class of Instructional Assistant, Biliterate
with ten years seniority who moves in the classification of Instructional
Assistant, Biliterate Title I School will move over with the ten years of
seniority. Also, an Instructional Assistant assigned to a non-Title I school
whose position is eliminated will have right to bump a less senior
Instructional Assistant at a Title I school if the employee satisfies NCLB
requirements.
19.5.4 The District shall make available to each employee being laid off and the
Union the applicable seniority lists, including employees' names and seniority
status (date of hire in the classification), and also including current base hours
if other than full time and location. In addition, a list of all current vacancies
will be maintained on the District website.
19.5.5 If two (2) employees subject to layoff have equal seniority in a class, the
determination as to who will be laid off shall be made on the lesser ranking on
the "hours in paid status" seniority list. If that is equal, the determination shall
be made by lot.
19.6 Effects of Layoff
19.6.1 The employee shall be entitled to pay, including all earned vacation pay,
earned wages, and overtime/compensatory time.
19.6.2 Laid off employees will have the following options regarding health and
welfare benefits: (a) two (2) calendar months following the effective date of
layoff of all health and welfare benefits normally received to be paid by the
District; or (b) three (3) calendar months following the effective date of layoff
of only the medical insurance coverage normally received to be paid by the
District.
19.6.3 Laid off employees shall be entitled to continue to participate in the District's
health and welfare programs commencing the month following the
termination of District paid benefits in accordance with Section 19.6.2 above,
for up to and including the balance of eighteen (18) calendar months
following effective date of layoff provided the employee pays the full cost of
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benefits he/she opts to extend by no later than the 20th day of the month
preceding each month of continued coverage, provided the District's health
and welfare insurance policies allow for such participation. The employee
must make the election to continue to pay for District health and welfare
insurance benefits within sixty (60) days following the effective date of layoff.
19.6.4 Laid off employees shall be provided first opportunity, prior to a person not
previously employed by the District, to substitute, occupy temporary
positions, or to fill vacancies, provided the employee is qualified to perform
the job. The District agrees to establish a sub rate for laid off employees at
Step I of the classification to which the person is assigned. Such employees
shall advise the District in writing of the classifications, hours, and days they
are available. Refusal or failure to respond to offers to substitute, work in
temporary positions or fill a vacancy for which the employee does not have
reemployment rights shall not result in removing the employee from the
reemployment list. However, employees who persistently refuse [three (3)
consecutive] such offers will be removed from the substitute list.
19.6.5 The provisions of this section shall constitute the full and complete agreement
between the parties concerning the effects of the layoff decision.
19.7 Reemployment Rights
19.7.1 Persons laid off because of lack of work or lack of funds are eligible for
reemployment for a period of thirty-nine (39) months in the class from which
they were laid off, and in the class(es) equal to or lower than the classes from
which they are laid off where the employee previously held permanent status;
persons on a reemployment list shall be reemployed in preference to new
applicants.
19.7.2 Laid off employees shall be employed according to seniority in the
classification. A laid off employee shall be entitled to be reemployed
according to the same number of hours the employee regularly worked at the
time of layoff. If the position offered to the laid off employee provides less
than the hours worked at the time of layoff, the employee has the right to: (1)
accept the position and still retain full reemployment rights until working the
number of hours worked at the time of layoff; or (2) refuse the offer and retain
full rights to be offered subsequent positions until working the hours worked
at the time of layoff.
19.7.3 Employees who take voluntary demotions or voluntary reductions in assigned
time in lieu of layoff shall be granted the same rights as persons laid off. They
shall retain eligibility to be considered for reinstatement in accordance with
their proper seniority for an additional period of up to twenty-four (24)
months provided they meet the same requirements as those under which they
qualified for appointment to class initially.
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19.7.4 If the District reemploys a unit member as a permanent employee under the
provision of this section, it shall disregard the break in service of the
employee and classify him/her as, and restore him/her all the rights, benefits
and conditions (sick leave restoration, seniority, step level, CSEA membership
status, and accrual level for vacation which the employee enjoyed at the time
of layoff) of a permanent employee in the class to which he/she is reinstated
or reemployed.
19.7.5 An employee shall notify the District of his/her intent to accept or refuse
reemployment within 48 hours following notice of an offer of reemployment.
If the employee accepts reemployment, the employee shall not be required to
report for work any sooner than ten (10) working days following acceptance
of reemployment. Failure to notify the District within the time limits given
shall be considered a refusal by that employee to accept the vacant position.
When employees fail to respond or refuse three (3) offers from one
reemployment list, their names shall be removed from that list. Refusal or
failure to respond to an offer providing less hours than the employee had prior
to layoff shall not be counted as one of the three (3) refusals/failures to
respond for the purposes of removing the employee from the list.
ARTICLE 20 - NEGOTIATION PROCEDURES
20.1 Notification and Public Notice
If either party desires to alter or amend this Agreement, it shall, on or about April 1st,
provide written notice and proposal to the other party of said desire and the nature of the
amendments and cause the public notice provisions of law to be fulfilled. The April 1st
date may be extended by mutual agreement.
20.2 Commencement of Negotiations
Within five (5) days of satisfaction of the public notice requirement, and not later than
forty-five (45) days following submission of the proposal, negotiations shall commence
at a mutually acceptable time and place for the purpose of considering changes in this
Agreement.
20.3 Ratification of Additions or Changes
Any additions or changes in this Agreement shall not be effective unless reduced to
writing and properly ratified and signed by both parties.
20.4 Release for Negotiations
The District acknowledges CSEA’s right to select CSEA bargaining team members. The
District agrees to provide paid release time for not more than one employee per school
site (or department if the site is the District Office) and to provide substitutes for up to
five (5) bargaining unit employees who are released for negotiations. CSEA and the
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District agree to meet and confer upon request if CSEA notifies the District that it desires
to have an additional member of the bargaining team released for negotiations.
ARTICLE 21 – SHARED ASSIGNMENTS
21.1 Approval
21.1.1 Shared assignments may be approved for up to one school year. Job shares
may be approved on a 50-50 share.
21.1.2 Classified staff participating in the shared assignment program will be deemed
to be placed on “shared assignment leave” until the end of the school year for
which the job share has been approved. The employee shall make a
commitment to serve in the share for the entire school year unless such service
is not possible due to an intervening event outside the employee’s control. Job
shares are subject to approval on an annual basis.
21.1.3 All shared assignment proposals must have the approval of the supervising
manager as a prerequisite for consideration by the Assistant Superintendent,
Human Resources or designee/Board of Trustees. If approval is denied by the
supervising manager, the employee(s) making the proposal shall be given a
written explanation and be provided with the opportunity to rewrite and
resubmit the proposal.
21.1.4 An administrative committee shall be appointed by the Assistant
Superintendent, Human Resources or designee prior to the third Friday in
April. The committee will review all shared assignment proposals approved
by the supervising managers and recommend approval, conditional approval
or denial of the proposal.
21.1.4.1 Proposals receiving conditional approval will be returned with a
written explanation of what changes must be made in the proposal
before it can be forwarded to the Assistant Superintendent, Human
Resources or designee /Board of Trustees for reconsideration.
21.1.4.2 Proposals will be provided a one-time opportunity for
reconsideration by the committee.
21.1.5 The Assistant Superintendent, Human Resources or designee shall review all
proposals recommended by the committee for approval and present
recommendations to the Board of Trustees for confirmation.
21.2 Proposal
Shared assignment proposals must be mutually agreed upon by the supervising manager,
(in consultation with the affected employee(s)), and the Assistant Superintendent, Human
Resources or designee prior to being submitted to the Board of Trustees.
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21.2.1 The schedule for submitting a shared assignment proposal is as follows:
21.2.1.1 Last Friday in March: New and renewal proposals submitted to
supervisor.
21.2.1.2 First week in April: Approved proposals submitted to HR by
supervisor.
21.2.1.3 Second/third week in April: Proposals reviewed.
21.2.1.4 Third Friday in April: HR notifies supervisor and employees of
approval/denial. Denial will include an explanation of reasons or
the denial.
21.2.1.5 Last Friday in April: Revised proposals submitted to HR.
21.2.1.6 First week in May: Revised proposals reviewed.
21.2.1.7 First week in May: HR notifies supervisor/employees of final
decision including explanation of reasons for denial.
21.2.2 The proposal shall include the following components, where applicable:
21.2.2.1 The specific work site of the shared assignment.
21.2.2.2 Individual work calendars showing the specific days and times
each participant will work for the entire year or term specified for
the shared contract.
21.2.2.3 Designated process for participants to communicate with each
other and with fellow employees (i.e., how will shared team
communicate?).
21.2.2.4 Attendance at required meetings, trainings, or in-services.
21.2.2.5 A written rationale regarding benefits to the employee and the
District/program.
21.2.2.6 An initial proposal may be submitted by an employee with a
request to post for a shared partner.
21.3 Shared Duties and Responsibilities
It is understood that all employees participating in a shared assignment will perform
those duties and responsibilities routinely assigned to employees within a school or
department which include and are not limited to the following:
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21.3.1 Be on duty during all scheduled District in-service days as required.
21.3.2 Attend site department meetings as scheduled on the respective “on-duty
days” and required in-service meetings unless otherwise directed by the
manager. Responsibility for communication of information disseminated in a
meeting rests with the “on-duty” team member.
21.4 Salary/Benefits
21.4.1 Each participating employee will receive one-half of the salary he would
receive if working full time, including proration of holidays.
21.4.2 Participants in a shared contract will receive one year of credit toward
advancement on a salary schedule for every two years of employment in a
half-time shared assignment.
21.5 Fringe Benefits
21.5.1 Medical, dental, vision and life insurance benefits shall be prorated and
provided at one-half (1/2) of the District’s contributions toward such benefits,
and leave benefits (sick leave) shall be prorated regardless of hire date. Upon
dissolution of a shared assignment, benefits will be prorated per Articles 8.2
and 8.3.
21.5.2 Each participating employee may maintain health and welfare benefits by
paying any additional premiums quarterly in advance.
21.5.3 Employees on shared assignments will contribute to the Public Employees’
Retirement System and will receive credit for one-half year of service toward
retirement.
21.6 Requests to Return to Full-time Assignment
An employee has the right to return to his/her previous position at the end of the school
year. If the District approves a second term in a shared contract, the person retains
entitlement to return to the original number of hours but does not retain the right to return
to the previous work site.
21.6.1 If, due to declining enrollment or to the reduction of services, the employee’s
previously held position is no longer available, then the employee shall be
assigned to a position in accordance with provisions of the CSEA collective
bargaining agreement.
21.6.2 This Shared Assignment Program does not preclude an employee from
receiving a layoff notice under the appropriate California Education Code
section.
21.7 Number of Shared Contracts
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The number of shared assignments will be at the discretion of the site manager/program
manager with the approval of the Assistant Superintendent, Human Resources or
designee.
21.8 Duration of Shared Assignment Program
Shared assignments shall be approved for up to one (1) school year. Job sharing shall be
reviewed and approved on an annual basis. Renewal requests must be submitted to the
immediate supervisor by the last Friday in March (See 21.2.1).
21.9 Substituting
21.9.1 When one member of a shared assignment team is absent for illness or other
paid leave, the remaining team member is encouraged to take over full-time
for the period of absence, subject to the provisions of 21.9.2 and to make
adjustments to the individual work calendar (21.2.2.2).
21.9.2 Changes in the individual workdays (21.2.2.2) other than illness, shall be
approved by the manager and limited to five such days for each member of the
team.
21.9.3 When a member of a shared assignment team is on an unpaid leave of absence
and the remaining team member to assume responsibilities for the assignment
during the unpaid leave, the remaining member shall receive his regular per
diem rate of pay and all regular benefits which accrue to the position.
21.10 Replacement of Job Share Partner During School Year
21.10.1 If one partner to an approved job share is terminated, resigns, or becomes too
ill or disable to continue with the job share and it is necessary to replace that
job share partner during the school year, the position will revert to its original
hours. If the person who held the full position originally is the person who
remains, that person has the right to revert to fill the full position.
21.10.2 If the person who originally held the full position leaves, the second person to
the job share will be offered the right of first refusal to the position and may
take the full position without a posting process being necessary.
21.10.3 If the person who remains in the job share wants to continue to fill only 50%
of the position, the other 50% of the position will be posted until the end of
the school year. At that time the share will be reviewed for possible renewal
and approval like any other job share.
21.10.4 If a job share ends by management decision, the original person in the position
will have the right to continue serving in the position at the full number of
hours for the position.
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21.10.5 If the District decides to end a job share where neither participant is the
original “owner” of the position, the position will be posted and either
participant may compete with other applicants for the position.
21.10.6 If a position is posted in accordance with these provisions, the posting shall
specify that the position will terminate at the end of the current school year.
21.10.7 An employee will be granted a leave of absence to hold a job share position
for one year only.
21.10.8 If half of a job share is vacated during a school year and the District ends up
filling the half of a share from outside, the employee will be hired as a
probationary employee. If the employee passes the probationary period and
becomes permanent during the course of serving in the job share, and the job
share is not approved for the following year, the position will be eliminated
and the person be subject to layoff in accordance with the Education Code
statutory procedures. If a share terminates, the person left without a position
will have statutory bumping rights if the person is a permanent employee and
will be placed on a 39-month reemployment list if the person must be laid off
as a result of the job share termination.
21.11 Tenure
Date of seniority will not be adjusted as per collective bargaining agreement as a share
does not exceed the 75% limit per school year. (CSEA contract section 19.4.21)
21.12 Time Sharing
12.12.1 Employees may share time equally, utilizing one of the following plans:
12.12.1.1 Person A: Monday, Tuesday, Alternative Wednesday
Person B: Thursday, Friday, Alternative Wednesday
Week 1: A A A B B
Week 2: A A B B B
Week 3: A A A B B
Week 4: A A B B B
12.12.1.2 Person A: Monday, Tuesday, Wednesday
Person B: Thursday, Friday, Monday, Tuesday, Wednesday
Week 1: A A A B B
Week 2: B B B A A
Week 3: A A A B B
Week 4: B B B A A
21.12.1.3 Alternating weeks.
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Half-time on a daily basis.
21.13 Workers’ Compensation
Workers’ Compensation benefits shall be paid in accordance with existing law.
ARTICLE 22 - SEVERABILITY
22.1 Savings Clause
If during the life of this Agreement there exists any applicable law or any applicable rule,
regulation, or order issued by a government authority other than the District which shall
render invalid or restrain compliance with or enforcement of any provision of this
Agreement, such provision shall be immediately suspended and be of no effect hereunder
so long as such law, rule, regulation, or order shall remain in effect. Such invalidation of
a part or portion of this Agreement shall not invalidate any remaining portions which
shall continue in full force and effect.
22.2 Replacement for Severed Provisions
In the event of suspension or invalidation of any Article or Section of this Agreement, the
parties agree to meet and negotiate within thirty (30) days after such determination for the
purpose of arriving at a mutually satisfactory replacement for such Article or Section.
ARTICLE 23 - SETTLEMENT OF DISPUTES
CSEA and the District agree that grievances and disputes involving the terms and conditions of
this Agreement are to be settled by the grievance or consultation procedures as provided for in
this Agreement without resort to strikes, lock-outs or any concerted refusal to perform work
duties as required in this Agreement.
ARTICLE 24 - MAINTENANCE OF POLICIES
The Board agrees not to amend or eliminate any of its written, published Board policies which
affect unit members in any matters not covered by this Agreement without first meeting and
consulting with CSEA with respect to any purpose of change in such policies.
ARTICLE 25 - DURATION OF AGREEMENT
25.1 The Agreement shall be effective from July 1, 2022, and shall continue in effect to and
including June 30, 2025. There shall be no reopening of the Agreement during its
duration, except as otherwise provided in the Agreement.
District CSEA
_________________________________ ____________________________________
_________________________________ ____________________________________
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CSEA
8
1
APPENDIX A
OAK GROVE SCHOOL DISTRICT
CSEA CLASSIFIED SALARY RANGES AND WORK CALENDAR
CLASSIFICATION
RANGE
WORK CALENDAR
SECRETARIAL, SCHOOL OFFICE & CLERICAL
Human Resources Technician/Return to Work Specialist
Licensed Vocational Nurse
Division Technology Support & Training Specialist
Executive Secretary
School Secretary (Biliterate)
School Secretary
Administrative Secretary (Biliterate)
Administrative Secretary
Secretary (Biliterate)
Program Assistant (Biliterate)
Guidance Secretary
Secretary
Program Assistant
Categorical Program Specialist
Health Clerk (Biliterate)
Health Clerk
Receptionist/Account Clerk I
Attendance Clerk
32
37
28
28
26
25
25
24
24
24
23
23
23
22
22
21
19
18
A/260
I/196
B/239
A/260
C/234; D/224
C/234; D/224
A/260; B/239; E/218
A/260; B/239; E/218
E/218
A/260; B/239; E/218; G/215; H/208
E/218
E/218
A/260; B/239; E/218; G/215; H/208
H/208
H/208
H/208
A/260
E/218
MEDIA SERVICES
Lead Publications Technician Publications
Equipment Operator Media Clerk
28
22
19
A/260
A/260
E/218
INSTRUCTIONAL
Supervisor of Social Worker Interns
District Community Liaison
District Community Liaison II
Occupational Therapist
Instructional Assistant-Special Education (Biliterate) / Title I
Instructional Assistant-Spec. Ed.-One-on-One, Medically Fragile / Title I
Instructional Assistant-Special Education / Title I
Instructional Assistant-Special Education-One-on-One / Title I
Instructional Assistant-Biliterate / Title I
Instructional Assistant-Computer Lab / Title I
Instructional Assistant / Title I
Library Clerk
Volunteer Coordinator
Exempt
23
Exempt
Exempt
20
20
19
19
19
18
18
18
17
Exempt
H/208
Exempt/205
H/208
H/208
I/196
H/208
I/196
H/208
H/208
H/208
H/208
H/208
BUSINESS OFFICE/CHILD NUTRITION SERVICES
Data Processing/Accounting Analyst
Purchasing & Financial Technician
Accounting Technician
Payroll Technician
Fiscal Program Support Specialist
Purchasing Technician
Program Assistant
Account Clerk II
Account Clerk I
Mail Clerk
32
28
27
30
24
24
23
22
19
17
A/260
A/260
A/260
A/260
A/260
A/260; B/239; E/218; G/215
A/260
A/260; G/215
A/260
A/260
82
83
INFORMATION TECHNOLOGY
Network Specialist/Network System Administrator
Computer Network Technician
Computer Technician
Technology Support and Training Specialist
Exempt
38
35
32
A
/
2
6
0
A
/
2
6
0
A
/
2
6
0
A
/
2
6
0
CHILD CARE
Child Care Development Center – Specialist I Child Care
Development Center – Specialist III
Preschool Child Care Center Aide
School Age Child Care Center Leader I
School Age Child Care Center Leader II
15
22
4
10
12
H
/
2
0
8
H
/
2
0
8
H
/
2
0
8
J
/
2
1
2
J
/
2
1
2
84
APPENDIX B
85
86
87
88
89
90
91
92
93
94
95
96
97
APPENDIX C
Department of Labor Notice WH1420
98
