GONZALES UNIFIED SCHOOL DISTRICT GONZALES, CALIFORNIA
AGREEMENT July 1, 2013 – June 30, 2016
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION
Chapter #756
AND THE
GONZALES UNIFIED SCHOOL DISTRICT
TABLE OF CONTENTS ARTICLE I
RECOGNITION
2
ARTICLE II
ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
2
ARTICLE III
CHECK-OFF AND ORGANIZATIONAL SECURITY
3
ARTICLE IV
HOURS AND OVERTIME
4
ARTICLE V
PAY AND ALLOWANCES
10
ARTICLE VI
HEALTH AND WELFARE BENEFITS
15
ARTICLE VII
HOLIDAYS
16
ARTICLE VIII
VACATION PLAN
18
ARTICLE IX
LEAVES OF ABSENCE
20
ARTICLE X
EMPLOYEE EVALUATION PROCEDURE
26
ARTICLE XI
TRANSFER PROCEDURE
27
ARTICLE XII
PROMOTION PROCEDURE
27
ARTICLE XIII
GRIEVANCE PROCEDURE
28
ARTICLE XIV LAYOFF AND REEMPLOYMENT
31
ARTICLE XV
33
PROFESSIONAL GROWTH
ARTICLE XVI DISCIPLINE OF EMPLOYEES
35
ARTICLE XVII SAFETY
38
ARTICLE XVIII DISTRICT RIGHTS
40
ARTICLE XIX SEVERABILITY
40
ARTICLE XX
40
MAINTENANCE OF OPERATIONS
ARTICLE XXI COMPLETION OF AGREEMENT
40
ARTICLE XXII JOB DESCRIPTIONS
41
ARTICLE XXIII PARENT COMPLAINT
41
ARTICLE XXIV DURATION AND REOPENERS OF AGREEMENT
42
APPENDIX A
SCHEDULE OF CLASSIFIED SALARY RANGES
44
APPENDIX B
SALARY SCHEDULE FOR CLASSIFIED BARGAINING UNIT MEMBERS
46
APPENDIX C
GRIEVANCE FORM
52
APPENDIX D
CLASSIFIED EVALUATION FORM
53
APPENDIX E
SIDE LETTER REGARDING AFTER SCHOOL POSITIONS
57
ARTICLE I. RECOGNITION The Gonzales Unified School District, a public school employer (hereinafter referred to as "District") recognizes the Gonzales Unified School District Classified Employees, and the California School Employees Association #756 (hereinafter referred to as "CSEA") as the sole exclusive bargaining representative for the following classified employees: A.
All persons who are members of the classified services as listed on Appendix A, excluding those persons lawfully excluded as management, supervisory, confidential or those recognized as a separate bargaining unit.
B.
During the life of this Agreement, all newly created classified positions shall be assigned or not assigned to this or any separate bargaining unit by the District Board of Trustees upon negotiation with CSEA representatives and representatives of any other classified unit. Disputed cases may be submitted to PERB for resolution as specified by PERB Rules.
C.
Current District classifications covered by the terms of this Agreement are listed in Appendix A, which shall include all new positions.
ARTICLE II. ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES CSEA shall have the following rights in addition to the rights covered by other portions of this Agreement: A.
The right to designate four (4) Job Stewards from among employees in the unit for the purpose of promoting an effective relationship between the District and employees by helping to settle problems at the lowest level of supervision. The CSEA shall notify the District in writing of the names of the Job Stewards.
B.
The Chapter Officers or Job Steward shall be allowed time when conferring with employees in the unit on processing grievances. The Job Steward shall be allowed a reasonable period of release time without loss of pay while meeting with administrators to resolve a grievance. Such time shall be deemed necessary in order to provide for a timely settlement of a formal grievance.
C.
The CSEA field representative may visit the District during operating hours for purposes consistent with this Agreement and afforded access to areas in which employees work, providing permission is obtained from the District Administrator.
D.
The right to hold meetings on District property provided permission is obtained from the District Administrator.
E.
The right to use institutional equipment with District approval and to reimburse the District for any cost incurred.
F.
The right to have designated, and use without charge, institutional bulletin board space at locations within the school, and use of the school mail system, distribution boxes, and other means of communications for posting or transmission of material dealing with proper or legitimate business material of CSEA. Notices must be signed by a CSEA officer or authorized representative. A copy of all such materials will be provided to the Superintendent or designee for approval prior to using District means of communication.
G.
The right to be supplied with a complete "hire date" roster of all bargaining unit members as provided in Article XIV – Layoff and Reemployment. The roster shall indicate the employee's present classification. (Rev’d 2/05) -2-
H.
Except as provided herein, the CSEA agrees that no employee will engage in CSEA activity during the time he/she is assigned to his/her regular duties without prior District approval.
I.
The right of paid release time for one CSEA chapter delegate to attend the CSEA Annual Conference, understanding that the conference begins the last week of July or the first week of August.
J.
The District agrees to allow one (1) CSEA executive board member to utilize one (1) personal necessity leave day to attend CSEA training, meeting or conference.
K.
The right to conduct an orientation session on this Agreement for bargaining unit employees during regular working hours, not to exceed two (2) hours. The District and CSEA will jointly be notified and CSEA will schedule the orientation.
L.
The right to meet with new bargaining unit employees within the first three months of employment to present an orientation of classified service and the CSEA. Orientation(s) shall be held at least biannually. New employees shall be released from their regular duties to attend. CSEA shall provide an attendance list to the District for internal accounting purposes. Any required coverage shall be provided by the District at no cost to CSEA.
ARTICLE III. CHECK-OFF AND ORGANIZATIONAL SECURITY A.
CSEA shall have the right to have membership dues and service fees deducted for employees in the bargaining unit and in accordance with CSEA dues structure.
B.
The District shall deduct dues from the wages of all employees who are members of CSEA on the date of execution of this Agreement.
C.
The District shall deduct dues from the wages of all employees who, after the date of this Agreement, become members of the CSEA and submit a dues authorization form.
D.
All employed unit members who are not CSEA members and who elect not to initiate a dues deduction authorization form shall pay service fees. The amount of such service fees must be consistent with current law, and shall be limited to CSEA's representational obligations. Any dispute between a service fee payer and the CSEA over the amount of the service fee shall be resolved consistent with current law including applicable regulations of the Public Employment Relations Board. Such service fees may be paid by payroll deduction submitting a service fee deduction authorization form to the District, by direct annual payment to the CSEA by October 1st of any school year, or by involuntary deduction from wages pursuant to Education Code section 45168(b) which is the sole remedy in this Article for failure to voluntarily pay the service fees.
E.
New employees, within thirty (30) days from the commencement of actual employment, must submit a dues or service fee deduction authorization form or shall make direct payment to the CSEA. Failure to do either shall mean involuntary deduction from wages pursuant to Education Code section 45168(b) which is the sole remedy in this Article for failure to voluntarily pay the service fees.
F.
Notwithstanding any other provision of this Article, any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in, or financially support any employee organization as a condition of employment; except that such employee is required, in lieu of payment of dues or service fees to CSEA, to pay an amount no greater than the current CSEA dues to any non-religious, non-labor organization, charitable funds -3-
exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code. In this regard, a District Scholarship Fund account will be maintained. Proof of payment to any fund shall be made on an annual basis to the CSEA. Any dispute over the eligibility of an employee under this Provision F Shall be resolved at any step in the following procedure: (1) investigation by the Association; (2) meeting(s) between the Association and the employee; (3) meeting(s) involving the District, the Association and the employee; and (4) the Grievance Procedure of this Agreement, except arbitration as it applies to this Article shall be binding. G.
CSEA shall indemnify and hold the District harmless from any and all claims, demands, or suits, or other action arising from the organizational security provisions contained herein.
H.
With respect to all sums deducted by the District pursuant to maintenance of Membership and Requirements above, whether for membership dues or service fee, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made, categorizing them as to membership or non-membership in the Association and indicating any changes in personnel from the list previously furnished. There shall be no charge to the Association for such deductions.
ARTICLE IV. HOURS AND OVERTIME A.
Workweek: The workweek shall consist of five (5) consecutive days, Monday through Friday, or eight (8) hours per day and forty (40) hours per week. The Article shall not restrict the extension of the regular workday or workweek on an overtime basis when such is necessary to carry on the business of the District.
B.
Workday: The length of the workday shall be designated by the District for each classified assignment at the time of employment. Each employee shall be assigned a fixed, regular, and ascertainable minimum number of hours.
C.
Adjustment Of Assigned Time: Any employee in the bargaining unit who works an average of thirty (30) minutes or more per day in excess of his/her regular part-time assignment for a period of twenty (20) consecutive working days or more shall have his/her regular assignment adjusted upward to reflect the longer hours, effective with the next pay period.
D.
Increase in Hours: When additional hours are assigned to a part-time position on a regular basis, the assignment shall be offered to the most qualified employee in the appropriate class. If the employee declines the assignment, it shall be offered to the remaining employees in the class until the assignment is made.
E.
Reduction In Assigned Time: Any reduction in assigned time shall be accomplished in accordance with applicable law.
F.
Lunch Periods: Employees shall be entitled to an uninterrupted lunch period after the employee has been on duty for four (4) hours. The length of time for such lunch period shall be for a period of no longer than one (1) hour nor less than one-half (1/2) hour and shall be scheduled for fulltime employees at or about the mid-point of each work shift.
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G.
Rest Periods: 1.
Employees shall be granted rest periods which, insofar as practicable, shall be in the middle of each work period at the rate of fifteen (15) minutes per four (4) hours worked or major fraction thereof.
2.
Specified periods may be designated when the operations of the District require someone to be present at the employee's work site at all times or when the District determines it is necessary for the efficient operation of the District. Such times shall be determined by the Supervisors after consultation with the employees involved.
3.
Rest periods are a part of the regular workday and shall be compensated at the regular rate of pay for the employees.
H.
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.
I.
Overtime: Overtime must have prior approval from the employee's supervisor. Employee will be entitled to overtime if it is “suffered or permitted” by immediate supervisor. Except as otherwise provided herein, all overtime hours as defined in this section shall be compensated at a rate of pay equal to time and one-half the regular rate of pay of the employee. Overtime is defined to include any time worked in excess of forty (40) hours in any calendar week, whether such hours are worked prior to the commencement of a regularly assigned starting time or subsequent to the assigned quitting time leading to the maximum eight (8) hours in any day or on any one shift or in excess of the forty (40) hour week. 1.
All four (4) hours-or-more-per-day employees’ hours worked beyond the workweek of five (5) consecutive days shall be compensated at the overtime rate commencing on the sixth (6th) or seventh (7th) consecutive day of work.
2.
All hours worked on the seventh (7th) consecutive day of work up to eight (8) hours shall be compensated at one and one-half (1 1/2) times the regular rate of pay.
3.
All hours worked in excess of eight (8) hours on the sixth (6th) and seventh (7th) consecutive day shall be compensated at two and one-half (2 1/2) times the regular rate of pay.
4.
All hours worked on holidays designated by this Agreement shall be compensated at two and one-half (2 1/2) times the regular rate of pay.
J.
Shift Differential -- Reduction In Hours: Any full-time employee whose assigned work shift commences between 2:30 p.m. and 4 a.m. shall receive a shift differential in the form of an assigned shift of seven and one-half (7 1/2) hours for which he/she shall be paid eight (8) hours at the regular rate.
K.
Overtime For Employees Receiving A Reduction In Hours As Shift Differential: An employee whose shift differential premium consists of a reduction in assigned hours shall be paid at the appropriate overtime rate for all hours worked in excess of seven and one-half (7 1/2) in any one day or on any one shift or in excess of thirty-seven and one-half (37 1/2) hours in any one calendar week, whether such hours are worked prior to the commencement of a regularly assigned starting time or subsequent to the regularly assigned quitting time.
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L.
Compensatory Time Off: 1.
An employee, with District approval, shall have the option to elect to take compensatory time off in lieu of cash compensation for overtime work. Such election shall be submitted in writing to the immediate supervisor within the pay period earned. Compensatory time off shall be granted at the appropriate rate of overtime.
2.
Compensatory time shall be taken at a time mutually acceptable to the employee and the District within twelve (12) months of the date on which it was earned. If the compensatory time has not been taken within twelve (12) months of the date on which it was earned, the District shall pay the employee in cash for all such time at the appropriate overtime rate based on the employee's rate of pay at the time it was earned.
3.
As long as the federal Fair Labor Standards Act or similar statute is applicable to the District, an employee, with District approval, may take compensatory time off in lieu of cash for overtime work, but an employee may accrue no more than 240 hours and must take compensatory time off within twelve months of the time of the overtime work.
M.
Overtime -- Equal Distribution: Overtime shall be distributed and rotated as equally as is practical among employees within each department.
N.
Minimum Call-In Time/Call Back Time: Employees who are called back to work after completing their regular workday or who are called in to work on a day for which they are not regularly required to work shall receive double the regular rate of pay for the first hour and appropriate rate of pay for the remainder of the actual time worked.
O.
Right Of Refusal: Any employee shall have the right to reject for a valid reason, except in the case of an emergency, any offer or request for overtime, call back, on call, or call-in time.
P.
Standby Time: All standby time shall be considered as regular hours worked and shall be compensated on a straight-time or overtime basis as are other hours worked.
Q.
Temporary Assignment During Summer School: 1.
When work normally and customarily performed by bargaining unit employees is required to be performed at times other than during summer school programs conducted by the District the work shall be offered to bargaining unit employees within the same classification on the basis of seniority. Such assignment shall be temporary only.
2.
Temporary assignments during summer school programs conducted by the District shall be assigned among employees within the same job classification. A temporary assignment may not extend the entire summer school program. In the event no employee within the same job classification accepts an assignment, the District shall offer the vacant assignment to other employees with experience in the same job classification who possess the necessary qualifications. If there are no such employees with the required experience who possesses the necessary qualifications, the District may offer the vacant assignment to any other employee of the District or outside of the District.
3.
Salary Schedules and employee placement on the salary schedules in effect for temporary assignments during summer school programs conducted by the District shall be the same as salary schedules and employee placement on the salary schedule in effect within the same job classification during the regular school year. If an employee is assigned to a higher classification during summer school programs he/she shall be paid no less than what he/she would have been paid in the regular classification. If an employee is assigned to a lower classification during summer school programs he/she shall be paid at -6-
the same step as he/she would have been paid in the regular classification. Employees, pursuant to Section 45102 of the Education Code, shall receive, in a pro-rata basis, the benefits earned during regular assignments. 4.
R.
Pursuant to Education Code Section 45103, employment of either full-time or part-time students in any college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
Assignment Of School Bus Routes: 1.
2.
Regular Assignments: a.
Bus routes shall be bid by regular bus drivers on the basis of seniority.
b.
Bus routes with the highest number of hours shall be offered for assignment to the bus driver with the greatest seniority for the full fiscal year. This principle shall be followed on all other assignments and routes in descending order of seniority.
Special Assignments: a.
Special trip assignments shall be distributed and rotated as equally as possible among any drivers, except that special trips outside the fifty (50) mile radius of Gonzales will only be assigned to bus drivers at the discretion of the Transportation supervisor and night trips shall generally be restricted to bus drivers with not less than one school year bus driving experience.
b.
A bus driver may decline a special assignment made under this section. When a bus driver with appropriate seniority declines an assignment, the bus driver with the next greatest seniority shall be given the assignment. The declining bus driver shall have the right to the next available assignment, but shall be able to exercise this option only once after declining the initial assignment. The District shall establish a procedure to equalize times spent on special assignment among the bus drivers during each school year.
c.
If a driver declines both the initial and special assignment and the option, they shall be assigned at the discretion of the supervisor.
d.
Notwithstanding any other provisions of this Agreement, if a special trip requires an overnight stay, the District shall be relieved of the obligation of payment for any hours between the time a bus driver is relieved of duties for the evening and the time duties resume the following morning. The driver shall receive reimbursement for the actual cost of meals up to a maximum of $5.50 for breakfast, $9.50 for lunch and $17.00 for dinner. The driver shall receive reimbursement for the actual costs of lodging if necessary. Reimbursement for any meals or lodging shall be made by the District only if the driver files within thirty (30) days receipts with the District.
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e.
3.
It is not the intent of the District or the CSEA to employ bus drivers on an overtime basis anymore than is absolutely required, nor is it the intent of the District or the CSEA to expend District funds impracticably. In this regard, the District may utilize properly licensed certificated staff on special occasions to drive their class on educational trips. Qualified certificated staff members may also be used to fill vacated regular bus driver positions on an interim basis when such occasion does not deny a regular bus driver the opportunity for more hours of work. The District shall make every effort to fill the vacant position with a classified employee as soon as possible.
Distribution Of Overtime: a.
In order to track the distribution of overtime, a chart shall be prepared listing the names of the eligible drivers. The list shall be prepared and posted by 11:00 a.m. each Tuesday.
b.
The order on the chart of drivers shall be descending order starting with the employee with the least number of overtime hours offered or worked for the year.
c.
Drivers shall initial and write yes or no by their name indicating acceptance or rejection to drive overtime trips for the week on the posted chart by 2:15 p.m. on Tuesday.
d.
By 11:00 a.m. on Wednesday of each school week the District shall post overtime trips scheduled. Overtime trips received after Wednesday shall be added to the posting as they become known.
e.
The first eligible driver on the chart shall select an overtime trip no later than 2:30 p.m. on Wednesday. All other drivers shall select as soon as possible but not later than the last scheduled check-in time of regularly scheduled runs on the day selection are to be made (Wednesday). Late trips offered shall be accepted as soon as possible following the posting.
f.
Overtime trips offered on the same day of the overtime trip, the Bus Driver may decline the trip and not be charged as though it was worked.
g.
If a driver is offered and declines an overtime trip they shall be charged with the hours as though it was worked, unless otherwise stated in this agreement.
h.
Drivers may decline overtime assignments for home to school or school to home and not be charged as time worked.
i.
Should all qualified drivers decline an offered overtime trip, the District shall have the right to assign the overtime trip to the first eligible driver on the overtime chart.
j.
All overtime offered or worked as a Bus Driver shall be charged on the chart, unless otherwise stated in this agreement.
k.
The Mechanic shall not be listed on the overtime trip chart but may be used in an emergency.
l.
Overtime slips shall be completed and placed in the proper folder prior to checking out following the overtime trip. -8-
m.
In an attempt to reduce unnecessary payment of overtime, the District will rotate bus driving trips to those employees in which at least 50% of the bus driving trip falls within their regular working hours. The bus driving trips will be rotated evenly among the bus drivers with a posted rotational schedule for each shift. This rotation will be adhered to unless it is determined by a supervisor that the rotation will interfere with the completion of a specific project. The regular trips will be worked around the overtime sign up board as not to interfere or overload any driver. The overtime trip board operation will not be affected as to it's operating procedure. What will be affected will be the current number of trips being posted to the overtime board.
4.
Additional Transportation Rules: a.
If an employee has a late trip that would cause him/her to not have 8 hours prior to reporting to duty the employee shall have the option to take comp time or adjust starting time to allow for 8 hours between shifts.
b.
If an employee is not able to adjust starting time because of his/her regular assignment the employee shall have no loss of pay and shall not be required to take comp time.
c.
If an employee could be in violation of the 16 hour rule that employee shall have the option to adjust his/her starting time so as not to work past 16 hours.
d.
If it appears the employee is going to go over 15 hours the employee shall notify the Transportation Supervisor or his/her designee to get a relief driver.
e.
ROP trips shall be combined for the week for the purpose of signing for the trip board.
f.
If an employee signs for ROP and his/her name comes up for the purpose of a longer trip, that employee shall have the option of declining the longer trip and be treated as a cancellation.
g.
If a trip is canceled the employee shall be placed at the top of the trip sign-up sheet the following week.
h.
Any new employee that is placed on the trip board shall be placed at the average of the hours from those that are on the trip board. If any employee signs YES on the trip board they shall not be allowed to cancel unless in an emergency.
i.
If an employee is not available or eligible for a trip it shall be treated as a cancellation.
j.
If a trip is scheduled for a Holiday and a regular driver can be scheduled to take the trip which would cause the trip not to be paid at the Holiday rate it shall be treated as a cancellation.
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k.
If two (2) or more trips are canceled in the same week the employee shall be placed at the top of the trip board in the same order they appear on the trip board prior to cancellations.
S.
Application of Fair Labor Standards Act. The District may take any action necessary to ensure compliance with the federal FLSA.
T.
Employees acting within the scope of employment shall not be required by the District to transport students in their private vehicles.
U.
The District shall not violate any law regulating the employment of students and the displacement of classified employees.
V.
Contracting: The District will not contract out work, which would normally be performed by employees in the bargaining unit, without first negotiating with CSEA.
ARTICLE V. PAY AND ALLOWANCES A.
Salary Schedule: The salary schedules for bargaining unit members shall be attached as Appendices C1-C4. 1. For 2013-14, the District shall increase the salary schedule by 4%, effective July 1, 2013. 2. Effective July 1, 2013, the “Non-PERS” salary schedule shall be eliminated. All employees will be on the same salary schedule, with the exception of pre-school as stated in #3 below. Employees who are CalPERS shall be responsible for paying the effective CalPERS member contribution rate. In consideration for this change, the District shall increase the salary schedule by 5%, effective July 1, 2013. (All increases are reflected in Appendix B1.) 3. The classifications of ECE Instructional Technician and ECE Instructional Leader shall be placed on a separate salary schedule entitled “ECE Salary Schedule”. (Appendix B4.) This schedule shall remain in place, with no changes, through June 30, 2016. The District agrees not to reduce classified hours during the term of this agreement unless State funding is reduced below current levels. 4. For 2014-2015, the District shall increase the salary schedule by 4%, effective July 1, 2014. (All increases are reflected in Appendix B2.) 5. For 2015-16, the District shall increase the salary schedule by 4%, effective July 1, 2015. (All increases are reflected in Appendix B3.) 6. Employees without a bus driver’s license shall be placed on ranges 10, 11, 18, or 22 as appropriate. Upon completion of six months of services as a fully trained and licensed school bus driver, the placement will advance two ranges from the original placement. (ie: if originally hired as custodian/bus driver range 10 without a license, at the end of the fully licensed 6-month service period, the placement will be range 12, etc.) The range increase shall be retroactive for the six months in which they served as a fully trained and licensed school bus driver. Employees currently receiving the $150 stipend will be automatically moved up two ranges on July 1, 2013, and will no longer receive the $150 stipend
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B.
Definition of Work Year 1. The annual salary for 12-month employees shall be calculated based on a 260-day work year and paid in equal installments monthly, although average actual work year will be 259-261 days, including holidays and vacation days. Employees work year-round on every weekday unless it is a holiday or vacation day. 2. The annual salary for 11-month employees shall be based on a 238-day work year, although the average will be 237-239 days, including holidays and vacation days. The work year is August 1st to June 30th, and employees work during school breaks (e.g. Winter and Spring breaks). 3. For the 2015-016 school year only, 12-month employees shall be allowed one day as a floating holiday to resolve issues with the work year. This floating holiday shall be deemed a compensatory day for the 262nd day in the work year. This floating holiday shall be scheduled on a non-instructional day by mutual agreement of the supervisor and employee, with the understanding that the District will seek to schedule this day at times with minimal impact on department workload. (Revised 7/08, 2/15) 4. The annual salary for 10 month employees shall be based on a 182 day work year and paid in equal installments monthly. 180 of the 182 work days shall be on student instructional days. The remaining two days shall be on the work days immediately preceding and/or following the student instructional year. 5. The annual salary for ECE Technicians shall be based on a 175 day work year and paid in equal installments monthly.
C.
Regular Rate Of Pay: The regular rate of pay for a position in the bargaining unit shall be in accordance with the rates established for each class as provided for in Appendix C which is attached hereto and by reference incorporated as a part of this Agreement. The regular rate of pay shall include any shift differential and/or longevity increment required to be paid under this Agreement.
D.
Promotions: When an employee is assigned to a position in a class with a higher maximum salary than his previous class, his salary shall be adjusted to the minimum (Step A) of the new classification; provided, however, that if the minimum of the new classification is lower than his existing salary, he shall be assigned to a step in the new class which is the next higher dollar amount above his existing salary.
E.
Reclassification: When a job class is moved from one salary schedule classification to another, all employees whose positions are allocated to the class shall be adjusted to the corresponding step in the new classification (i.e., Step A to Step A, Step B to Step B, etc.).
F.
Compensation For An Employee Working Out Of Classification: 1.
Classified employees shall not be required to perform duties which are not fixed and prescribed for the position, unless the duties reasonably relate to those fixed for the position, for any period of time which exceeds five working days within a fifteencalendar-day period except as outlined by law or this section.
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2.
A classified employee may be required to perform duties inconsistent with those assigned to the position for a period of more than five working days within a fifteen-calendar-day period provided that his/her salary is adjusted upward for the entire period he/she is required to work out of classification to the regular rate of pay for the higher classification at the same step of the regular classification.
G.
Paychecks: Regular paychecks of employees shall be itemized to include: regular pay, other pay, gross pay, federal withholding tax, social security deduction, retirement deduction, and other miscellaneous deductions, including health and welfare deductions as negotiated and within the capacity of the M.C.O.E.
H.
Payroll Errors: Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified employee's salary, the appointing authority shall, within five (5) work days following such determination, provide the employee with a statement of the correction and a supplemental payment drawn against any available funds.
I.
Payroll Adjustments: Any payroll adjustment due an employee, including, but not limited to, vacation pay, working out of class, overtime, additional regular pay, substitute pay, or approved other reasons, shall be paid by regular payroll check following the payroll adjustment. The District will make every effort to ensure the adjustment is included in the regular payroll immediately following the circumstances requiring payroll adjustment.
J.
Lost Or Destroyed Checks: 1.
Any paycheck, which is lost or destroyed after receipt by the employee, shall be replaced within three (3) working days after the filing of an affidavit by the employee that he had received a paycheck, which was subsequently lost or destroyed.
2.
Any paycheck not received by the employee shall not be considered to be lost or destroyed until seven (7) calendar days after the date of mailing to the employee or two (2) work days after date of delivery to the Payroll Technician of the District.
3.
After the seven (7) calendar days or two (2) work days waiting period, the employee, upon the filing of an affidavit, shall have his paycheck replaced within three (3) working days.
K.
Frequency: (once monthly) All employees in the bargaining unit shall be paid once per month payable on or before the last working day of the month. If the normal pay date falls on a holiday, the paycheck shall be issued on the preceding workday.
L.
Salary Step Advancement: Employees shall be eligible for a lateral salary step advancement by completion of a required period of service, which shall not exceed one calendar year from initial date of employment, the date of last salary step advancement, or, in the case of change in classification, the date of such change. Regular advancement on the first day of July, each calendar year. New employees are subject to a six month probation period.
M.
Reemployment: Any permanent classified employee who voluntarily resigns and is reinstated or re-employed within thirty-nine (39) months after his/her last day of paid service shall be placed in a classification position and have restored all rights, benefits, and burdens of a permanent employee in the class to which reinstated or re-employed. Placement on the salary schedule shall be at the range for the position assigned and step last reached at the time of resignation.
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N.
Longevity: The District agrees to increase the salary of employees who have been with the district 10, 15, 20 and 25 years by five percent (5%) as a longevity increment. The increase will become effective with the first day of the 11th, 16th, 21st, and 26th year of service.
O.
Extended Work Years Wages And Benefits: A regular employee who accepts an extended work year assignment in accordance with the provisions of this section shall receive, on a pro rata basis, no less than the compensation and benefits applicable to that classification during the regular work year, and in no event shall his/her compensation and/or benefits be less, on a pro rata basis, than the compensation and benefits he/she was receiving immediately prior to the commencement of the extended work year assignment.
P.
Replacing or Repairing Employee's Property: 1.
Reimbursement to employees for any verified loss, damage or destruction of personal property required for performing services for the District shall be made only if the value is more than $25.00 and the employee took all reasonable steps to protect such personal property. The maximum reimbursement for any one item is $200.00, except as provided for in provision a. a.
The maximum reimbursement for any vehicle damage shall be $250.00. Reimbursement for vehicle damages is strictly limited to actual use during and within the scope of employment.
b.
Except for personal tools of employees required to have tools, the total reimbursement for all loss, damage or destruction of personal property for all employees and/or all incidents under these provisions shall not exceed $2,500.00 in any fiscal year.
2.
A written request for reimbursement must be filed with the Superintendent by the employee within twenty (20) regularly scheduled workdays of the incident. The Superintendent or designee shall conduct such investigation as may be necessary. The burden of proof in all cases is with the employee seeking reimbursement.
3.
Reimbursement for verified loss, damage or destruction of personal property required for performing services for the District is provided only when written approval for the use of the personal property was given by the Superintendent before the property was used while performing services for the District. All such prior approval shall be in writing. This prior approval applies to all tools which are the personal property of an employee. Exceptions to such prior approval shall be vehicles, women's purses, eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee. The employee must take reasonable steps to protect all personal property. The Superintendent may cancel the approval at any time. The employee will be notified in writing of the cancellation of approval.
4.
If an employee receives any payment from an insurance carrier for any loss, damage or destruction for which the District gave reimbursement, the employee shall repay the District if such payment from an insurance carrier covers the same loss, damage or destruction covered by the District.
5.
This provision should not be construed as a restriction regarding an employee bringing personal property on District property at the employee's own risk.
6.
The District will reimburse for the actual value of the lost, damaged or destroyed personal property. Reimbursement may be made on the basis of repair cost if it is economical, feasible and not greater than the actual value. - 13 -
Q.
Compensation During Required Training Periods: An employee who is required and directed by the District to attend any training program or session shall be compensated at his/her appropriate rate of pay. This shall not include time spent by an employee for training or testing required by a licensing agency (such as DMV) to maintain a license or certificate required for the position.
R.
Voluntary Training: Compensation rate shall be ten [dollars] ($10.00) per hour. (State buy back day.)
S.
Physical Examinations, Fingerprints, X-Rays, Licenses, Fees:
T.
U.
1.
The District shall pay the full cost for physical examinations, fingerprinting, x-rays, licenses, fees, and any other costs associated with continued employment or reimburse the employee for any such cost incurred.
2.
Any employee who, as a condition of employment, incurs any expenses resulting from District-required examinations, fingerprinting, x-rays, licenses, fees, and other requirements shall be reimbursed for such costs on the first pay period following completion of six (6) months of service with the District.
Over-Payment Of Pay And Allowances: 1.
In the event of an over-payment of pay and allowances, the employee or the District shall notify the other as soon as practicable.
2.
In the event that the District learns of an overpayment, no deduction shall be made from any paycheck unless the employee is first notified about the specific reasons for the overpayment and the employee is given a reasonable opportunity to meet with a District representative to discuss the matter and present evidence in opposition to the finding of overpayment.
3.
Under no circumstances shall a deduction be made from any one paycheck that is greater than twenty-five percent (25%) of the employee's gross pay in a pay period. The sole exception to this rule shall be where an individual is no longer an employee of the District.
4.
Any employee adversely affected by a finding of overpayment may grieve such finding pursuant to the Grievance Procedure.
Reclassification: 1.
The Superintendent or designee shall study all job descriptions for employees in the bargaining unit at least every five years commencing in 2000. The purposes of any such study are to revise and to update job descriptions so that they are accurate and meet the needs of the District as determined by the Superintendent or designee. The District shall meet and negotiate with CSEA any proposed changes to existing job descriptions before presenting them to the School Board for adoption. Before the District takes any final action on a new job description, the CSEA will be given at least thirty (30) days to provide input to the Superintendent or designee concerning the new job description and shall negotiate the appropriate placement on the bargaining unit salary schedule.
2.
The reclassification of a position currently held by a member of the bargaining unit shall be considered by the following procedure:
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a.
A Request for Reclassification may be initiated by a member of the bargaining unit, the supervisor of the member of the bargaining unit or the Superintendent or designee. Requests must be submitted by January 1 for possible implementation by April 1, by April 1 for possible implementation by July 1, and by October 1 for possible implementation by January 1.
b.
A Request for Reclassification must be filed with the Superintendent or designee and the President of the CSEA, and must contain specific reasons for the request.
c.
The Superintendent or designee and three employees in the bargaining unit will review the request. Two of the three employees from the bargaining unit will be selected by the CSEA, and one will be selected by the Superintendent or designee. This group of three employees and the Superintendent or designee may request additional information from the employee, conduct their own investigation, or may determine to seek assistance from others.
d.
The final recommendation from the Superintendent or designee to the Board for its action will be reviewed with the member of the bargaining unit in the position and the group of three employees selected in provisions above. If either the member of the bargaining unit or the CSEA does not agree with the final recommendation, either or both may file a statement with the Superintendent who will attach it to the final recommendation to the Board.
e.
Only one Request for Reclassification per position may be initiated within any twenty-four month period.
ARTICLE VI. HEALTH AND WELFARE BENEFITS A. Any employee hired after December 1, 1990, who works six (6) hours or more per day and thirty (30) hours or more per week shall be eligible for the District contribution described below for the purchase of medical, dental, and vision plans. Eligible employees may purchase, through payroll deductions, additional coverage for their families, eligible domestic partners and their eligible dependents, subject to the terms established by the insurance carrier. Employees who are not eligible for a District contribution toward health benefits may purchase such benefits through payroll deductions subject to the terms established by the insurance carrier. (Rev’d 2/05, 1/06, 7/08, 6/13) 1.
The District shall fully pay for employee-only coverage under the PPO $20 Plan, or if that plan is discontinued the next higher available plan, and employee-only dental at the high plan with no orthodontia and vision plan option C, which means the District automatically picks up premium increases without negotiations so that there is no out-ofpocket contribution from the employee for employee-only coverage.
2.
Any employee hired prior to December 1, 1990 is eligible for a District contribution toward health and welfare benefits, medical, dental and vision, according to the following: a.
An employee who was hired to work in the Gonzales Union High School District, regardless of their current site assignment, is eligible for the employer contribution described in 1. above if they work five (5) hours or more per day and twenty-five (25) hours or more per week.
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b.
An employee who was hired to work in the Gonzales Elementary School District, regardless of their current site assignment, is eligible for the employer contribution described in 1. above if they work five and three-quarters (5.75) hours per day and twenty-eight and three-quarters (28.75) hours per week.
B.
Once a bargaining unit member voluntarily enrolls in any of the available plans, they must maintain advanced payment of benefit cost in effect, monthly in advance, to the District either through authorized voluntary payroll deduction or personal payment. Should a bargaining unit member enrolled in any of the elective health benefits fail to make any scheduled benefit payment, coverage shall cease. They shall be deemed to have waived coverage and access to all voluntary health benefit coverage referenced in this article. (Rev’d 2/05)
C.
The District agrees to allow employees, age 55 or more, who retire with ten (10) or more years of service, to continue health and medical benefits at the employee's expense until age 65, subject to the rules of the Insurance Carriers. The District shall prescribe the method of payment for the employee.
D.
All qualified employees shall receive benefits as required by law with employees providing the information necessary for the enrollment in these required benefits programs: 1. 2. 3. 4. 5.
PERS (Public Employees Retirement System) OASDI (Social Security) Unemployment Insurance Workman’s Compensation Insurance State Disability Insurance
E.
Any classified employee in the bargaining unit who becomes eligible for coverage under this Agreement shall be deemed eligible for 39 months to receive paid coverage if the entire group of employees’, in a particular job classification, as defined in Appendix D, hours are reduced.
F.
Should the premiums increase for any of the benefits provided in provision A above, the employee agrees to pay the amount over the current cap in cost until such time that another agreement may be reached in negotiations.
G.
Extra coverage may be purchased by an employee through payroll deduction, subject to the terms established by the insurance carrier.
ARTICLE VII. HOLIDAYS A.
Scheduled Holidays: A classified employee covered by this Agreement is entitled to the following paid holidays. Independence Day (4th of July) Labor Day(1st Monday in September) Veterans Day (November 11th) *Wednesday before Thanksgiving Day/Governing Board Holiday Thanksgiving Day *Friday following Thanksgiving/Governing Board Holiday **Christmas Eve (1/2 day)/In lieu of Admissions Day Christmas Day New Year's Day M.L. King, Jr.'s B'day Lincoln Day Washington Day **Cesar Chavez Day - 16 -
Good Friday (1/2 day) Spring Holiday Memorial Day *Governing Board declared Holiday **District paid Dates for the above listed holidays shall be negotiated with CSEA when preparing the school calendar. B.
Teacher Training Days: Any day granted as a teacher training day, teacher institute, or teacherparent conference day by whatever name for whatever purpose is a regular work day for all classified employees as part of this bargaining unit provided it is scheduled within the employee's work year.
C.
Additional Holidays: Each day declared by the President or Governor of the State as a public fast, mourning, thanksgiving, or holiday, or any day declared as a holiday by the Governing Board under applicable laws shall be a paid holiday for eligible employees.
D.
Holidays On Saturday Or Sunday: 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.
E.
Holiday Eligibility: 1.
An employee shall be in paid status on the working day immediately preceding or succeeding the holiday to be paid for the holiday.
2.
Employees who are not normally assigned to duty on the holidays of Christmas Eve, Christmas Day, or New Year's Day, shall be paid for those holidays provided that they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the winter holiday period.
F.
Compensation for Working on a Holiday: All hours worked on holidays designated by this agreement shall be compensated at two and one-half times (2.5) the regular rate of pay.
G.
Calendar: A committee consisting of 2 administrators, 3 members of GTA, 3 members of CSEA (one from each site), and 1 member of the Clerical Association shall meet in the fall to discuss the annual employee work calendar for the following school year. The committee shall develop more than one calendar option. Prior to selecting one of the options, it is understood that the members of the committee will present the options to their constituent groups for feedback. CSEA shall conduct an election for its members to vote on which option they prefer. After receiving feedback in the form of elections or other methods of polling, the committee shall vote on the calendar options. In order for the calendar to be approved by the committee, both administrators and at least 5 of the 7 employee members of the committee must vote for the calendar. If the committee is unable to reach agreement regarding the options, the committee may generate new options and begin the process anew. The calendar selected by the committee must be forwarded to the Board for approval no later than March 1st. If the Board does not approve the calendar, it shall be referred back to the committee for further consideration.
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This process shall be followed in lieu of individual negotiations with each unit. However, if the committee notifies administration that it has reached a deadlock on the calendar, the calendar shall be sent to the individual negotiating teams for resolution through negotiations. (Rev’d 1/06)
ARTICLE VIII. VACATION PLAN A.
Eligibility: All probationary and permanent employees in the bargaining unit shall earn paid vacation under this Article. Probationary employees shall not be eligible to use or be paid for earned vacation until successful completion of the initial six-month probationary period.
B.
Paid Vacation: Except as otherwise provided in this Article, paid vacation shall normally be granted no later than the year immediately following the year in which it was earned. Unused vacation days which cannot be taken as of the anniversary date in any one fiscal year may be carried over and taken before the following anniversary date or be paid for in cash at the option of the District. Unused vacation days may be carried over for an additional year with the prior approval of the Board of Trustees.
C.
Accumulation: Vacation time shall be earned and accumulated in accordance with the procedure listed below. The date for computing earned days of vacation shall be the anniversary date for 12-month employees; the date shall be June 30 or the last day worked in each fiscal year, whichever comes first, for less than 12-month employees. 1.
Employees regularly employed on a twelve (12) month basis are entitled to vacation days based on a 260-workday year as follows: Completed Years Of Service
Vacation To Be Taken During
0 -3 4 -9 10 11 12 13 14 2.
1st - 4th 5th -10th 11th 12th 13th 14th 15th
Days Of Vacation Earned 10 15 16 17 18 19 20
Vacation days shall be earned by employees who work less than a full work year on a pro rated basis. Calculations shall be computed by counting the employee's total annual assigned work days, plus holidays to determine the employee's work year (in days) and dividing by 260 (full work year), then multiplying by the appropriate number of vacation days earned based on the employee's completed years of service, as provided in #1., above. The resulting number (rounded off to the nearest whole number) is the employee's number of vacation days earned. Examples: Employees who have worked for the District less than three (3) years and who are assigned to work 184.5 days per year, plus being entitled to 14 holidays are credited with a 187-day work year: 198.5 x 10 = 7.63 260 Assume the employee in the example above has worked for the District at least eight (8) years: - 18 -
198.5 x 15 = 11.45 260 Assume the employee in the example has worked for the District at least twelve (12) years: 198.5 x 18 = 13.74 260 (Rev’d 5/06) D.
Vacation Pay: 1.
Pay for vacation days for all bargaining unit employees shall be the same as that which the employee would have received had he/she been in working status.
2.
Employees who are assigned to less than a ten (10) month work year shall not normally be granted a vacation period but shall be paid for their accrued vacation in their last paycheck for the school year worked. The District may approve a written request to take vacation if the reasons are justified.
E.
Vacation Pay Upon Termination: When an employee in the bargaining unit is terminated for any reason, he/she shall be entitled to all vacation pay earned and accumulated up to and including the effective day of the termination, except those employees who have not completed six (6) months of regular employment shall not be entitled to such compensation.
F.
Vacation Postponement: 1.
If a bargaining unit employee's vacation becomes due during a period when he/she is on leave due to illness or injury, he/she may request that his/her vacation date be changed, and the District may grant such request in accordance with vacation dates available at that time. The employee may request to have his/her vacation rescheduled in accordance with the vacation schedule available at that time or may request to carry over his/her vacation to the following year in accordance with Article VIII, Sec. B.
2.
With approval of the District Superintendent, an employee may carry over all or part of his/her annual vacation.
G.
Holidays: When a holiday falls during the scheduled vacation of any bargaining unit employee, such holiday shall not count as a day of vacation.
H.
Vacation Scheduling:
I.
1.
Vacations shall be scheduled at times approved by the immediate supervisor and the District office.
2.
If there is any conflict between employees who are working in the same or similar classification as to when vacations shall be taken, the employee with the greatest seniority shall be given his/her preference.
Interruption Of Vacation: An employee in the bargaining unit shall be permitted to interrupt or terminate vacation leave in order to begin sick leave provided the employee supplies notice and the explicit written statement of a licensed physician or the school nurse that the employee has contracted an illness.
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J.
Use Of Vacation: A permanent employee may be advanced vacation during the year even though not earned at the time the vacation days are used.
ARTICLE IX. LEAVES OF ABSENCE A.
Sick Leave: 1.
An employee employed five (5) days a week shall be granted twelve (12) days leave of absence for personal illness or injury, exclusive of all days he/she is not required to render service to the District, with full pay for a fiscal year of service.
2.
An employee employed five (5) days a week, who is employed for less than a full fiscal year, is entitled to that proportion of twelve (12) days leave of absence for personal illness or injury as the number of months he/she is employed bears to twelve (12).
3.
An employee employed less than five (5) days per week shall be entitled, for a fiscal year of absence, to the proportion of twelve (12) days leave of absence for illness or injury as the number of days he/she is employed per week bears to five (5). When such persons are employed for less than a full fiscal year of service, this and the preceding paragraph shall determine the proportion of leave of absence for personal illness or injury to which they are entitled.
4.
Pay for any day of such absence shall be the same as the pay for which would have been received had the employee served during the day of illness.
5.
At the beginning of each fiscal year, the full amount of sick leave granted shall be available to each employee. Credit for sick leave need not be accrued prior to taking such leave and such leave may be taken at any time during the year. However, a new employee of the District shall not be eligible to take more than six (6) days until the first day of the calendar month after completion of six (6) months of active service with the District.
6.
If an employee does not take the full amount of leave allowed in any year under this section, the amount not taken shall be accumulated from year to year.
7.
An employee who has unused leave of absence for accident or illness accumulated in another California school district, and such employment occurs within one (1) year of this previous employment, shall, upon request, be credited with the accumulated days.
8.
Any sick leave benefits earned but unused on the date of retirement may be converted to retirement credit if appropriate in accordance with applicable law.
B.
Verification Of Illness: Any classified employee absent on account of illness or injury, upon his/her return to work, shall file with their supervisor or Superintendent's office a signed statement giving the cause for absence. The Superintendent or his designee may require the employee to provide the District with a written verification of the illness, signed by his/her physician or other person licensed under the healing arts statutes.
C.
Extended Accident Or Illness Leave: A classified employee in the bargaining unit shall once a year be credited with a total of 100 working days of paid sick leave including the days of full paid service provided in paragraph A. Such days of paid sick leave after the exhaustion of all accumulated full paid sick leave shall be compensated at 50 percent of the employee's regular salary. This 50 percent paid sick leave shall be exclusive of any other paid leave, holidays, vacation or earned compensatory time. - 20 -
D.
E.
1.
The extended leave provisions pertain to each illness or accident of the employee and shall commence on the first day of absence from his/her duties.
2.
The extended leave provision applies to whether the accident or illness occurred on or off the job, except that if the accident or illness was suffered as a result of the job entitlement shall commence after the sixty (60) working days paid leave provided in Section J of this Article.
3.
An extended leave shall not be considered a break in service.
4.
At the conclusion of the 100 day period, an employee who is unable to resume his/her duties may request additional unpaid leave in six (6) month increments.
5.
An employee unable to resume his/her duties after an absence of eighteen (18) months shall be placed on a reemployment list of thirty-nine (39) months in accordance with the Education Code.
Personal Necessity Leave: A fiscal year limit of seven (7) days of accumulated sick leave may be utilized as Personal Necessity Leave for the following reasons: 1.
Appearance as a witness in court or as a litigant if prior notification is presented to the Superintendent.
2.
Serious illness or accident involving a member of the immediate family (as defined in Bereavement Leave, Section E) or necessary surgery for such a member.
3.
An accident involving an employee's personal property or that of his immediate family.
4.
Other family or personal emergencies not included in the above paragraphs if approved by the District. For the purposes of this regulation, an emergency is defined as an occurrence which could not be avoided by a prudent person through planning and could not be tended to outside the normal work pattern. Something which would be easier to do, but not necessary to do, during the normal work day is not considered as an emergency.
5.
Death of a member of the employee's immediate family when additional leave is required beyond normal bereavement limits.
6.
Other reasons approved by the District.
Bereavement Leave: 1.
Bereavement leave, without loss of pay, shall be granted up to five (5) days in the event of the death of any relative living in the immediate household of the employee, or the employee’s child or parent. (Rev. 3/07)
2.
Bereavement leave, without loss of pay, shall be granted up to three (3) days, five (5) days if round trip travel of 500 miles or more or if out-of-state, in the event of the death of members of the immediate family not covered by Section a. The immediate family for the purpose of this subsection is defined as brothers, sisters, parents-in-law, sons or daughters-in-law, grandparents, or grandchildren. (Rev. 3/07)
3.
For extenuating circumstances, up to six (6) days of sick leave in addition to bereavement leave may be utilized for this purpose if prior notification is presented to the District. (Rev. 3/07) - 21 -
F.
G.
4.
Bereavement leave to attend the funeral of a close friend or relative, not a member of the immediate family, will be granted for the time necessary to attend the funeral, up to onehalf (1/2) day if the funeral is in the Gonzales area, and up to one (1) day if the funeral is out of the immediate area.
5.
If an employee takes bereavement leave, without loss of pay, while on another paid leave of absence, the employee shall so indicate on the District's leave form upon return to work.
Pregnancy Disability Leave: 1.
Employees are entitled to use sick leave for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recovery therefrom. Such leave shall not be used for child care, child rearing, or preparation for child bearing, but shall be limited to those disabilities as set forth above.
2.
The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the employee and the employee's physician; however, the District management may require a verification of the extent of disability through consultation with the employee's physician or through a physical examination of the employee by a physician appointed by the District.
3.
The date on which the employee shall resume duties shall be determined by the employee on leave and the employee's physician; however, the District management may require a verification of the extent of disability through consultation with the employee's physician or through a physical examination of the employee by a physician appointed by the District as to the employee's ability to return to normal duty.
4.
The employee on leave for pregnancy disability shall be entitled to return to a position comparable to that held at the time the leave commences.
Maternity Leave: 1.
Employees may be granted maternity leave upon request: a.
For a time specified by the employee's doctor,
b.
For a period not to exceed six (6) months unless required under other provisions of this Agreement.
2.
Such leave shall be granted without pay; however, nothing in this policy shall be construed so as to deprive any employee of sick leave rights under any section of the Education Code for absences due to illness or injury resulting from pregnancy.
3.
The employee shall submit a written request, two (2) weeks in advance of such leave and shall include the approximate date of return.
4.
An employee may elect to return sooner than the granted leave period and may do so upon: a. b.
Written release from his/her physician. Notifying his/her employer at lease one (1) week in advance. - 22 -
H.
Application of State and Federal Family Leave and Medical Leave Acts: The District shall take any action necessary to ensure compliance with provisions of the State and Federal Family Leave and Medical Leave Acts. Information concerning Family Medical
Leave is available from the Human Resources Department. (Rev’d 1/06) I.
J.
Jury Duty: 1.
Leaves of absence for employees selected to serve on a jury shall be granted with no loss in pay, provided the employee endorses the fee received, exclusive of mileage allowance, to the District.
2.
An employee whose regular shift begins at 3:00 p.m. or after and is required to serve on a jury after 12:00 noon on any day or continued to the next day shall be relieved from work with pay.
Industrial Accident And Illness Leave: 1.
An employee shall be entitled to an industrial accident or illness leave of not less than sixty (60) working days during which the district school is required to be in session or when the employee otherwise would have been performing work for the District in any one fiscal year for the same accident.
2.
Allowable leaves shall not be accumulated from year to year.
3.
Industrial accident or illness leave shall commence on the first day of absence.
4.
Payment for wages lost on any day shall not, when added to an award granted the employee under the workers' compensation laws of this state, exceed the normal wage for the day.
5.
Paid industrial accident leaves shall be reduced one day for each day of absence regardless of the temporary disability allowance under worker's compensation.
6.
If an employee is unable to return to work after exhausting paid industrial leave, he/she shall be placed on sick leave if he/she is eligible. Sick leave will be reduced only in the amount necessary to provide a full day's wages or salary when added to the State Compensation Insurance disability payment.
7.
After sick leave is exhausted, an employee may choose to receive pay from vacation or earned compensatory time.
8.
After all paid leave privileges have expired, the Governing Board may place the employee on leave without pay. The total time of all benefits, including unpaid leave, shall not exceed thirty-six (36) months for one illness or accident.
9.
Upon return to service from any paid or unpaid leave, an employee shall be assigned to a position in his former classification without loss in status or benefits.
10.
When all paid or unpaid leaves have been exhausted and the employee is still not able to return to work, his name shall be placed on the re-employment list for a period of thirtynine (39) months.
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11.
Any employee who has been medically released for return to work and who fails to accept an appropriate assignment shall be dismissed. Appropriate assignment is defined as an assignment to the employee's former class, in his former status and time basis, and in assignment areas in which the employee has made himself available.
12.
At no time shall the employee's salary, while on paid industrial leave, exceed the employee's regular salary.
13.
During all paid industrial leaves, the employee shall endorse to the District all wage loss benefit checks received under State Workers' Compensation Insurance laws. The District shall issue to the employee appropriate warrants for payment of wages, loss of benefits, salary and/or leave benefits and shall deduct normal retirement and other authorized contributions.
14.
The employee should be aware that, regardless of the minor nature of an injury, at the time, it is to his advantage to report all injuries to his supervisor immediately and fill out the appropriate form. Once there is a record on file of the injury, should complications develop at a later date, the employee has retained all rights for medical and disability coverage.
15.
Any employee receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California unless the Governing Board authorizes travel outside the state.
K.
Medical Movement: The District may give temporary alternative work when the same is available to an employee who has become medically unable to satisfactorily perform his/her regular job class duties. The alternate work may constitute promotion, demotion, or transfer, but it will preferable be constituted by mutual agreement with the District and concurrence of the employee.
L.
General Leave: When no other leaves are applicable, a leave of absence may be granted to an employee on a paid or unpaid basis acceptable to the District and the employee.
M.
Retraining And Study Leave: 1.
The District may grant an employee a paid or unpaid leave of absence not to exceed one (1) year for the purpose of permitting study by the employee or for the purpose of retraining the employee to meet changing conditions within the District.
2.
The District may prescribe standards of service, which shall entitle the employee to leave of absence.
3.
Any leave of absence granted under this policy, shall not be deemed a break in service for any purpose, except that such leave shall not be included as service in computing service to the granting of any subsequent leave under this type of leave, nor shall employees earn vacation pay, sick leave, holiday pay, or other benefits provided under this Agreement.
4.
Position opportunity leaves may be granted to enable a classified employee to accept a position for personal or professional advancement.
5.
Should a paid leave be granted, the employee agrees to serve the District for a period of time, twice the time of the paid leave. Should an employee resign from the District or be discharged for cause within the required service period, the District shall deduct from any wages due the employee the amount that would have been earned had the employee met the service obligation. - 24 -
N.
Sick Leave Donation: On a case-by-case basis and with written agreement by the District, the CSEA and a bargaining unit member, any bargaining unit member may donate up to five (5) days accumulated and unused sick leave days to another specifically identified bargaining unit member who has suffered a catastrophic long term illness or disability and who has exhausted all fully paid leave. Donated catastrophic sick leave shall be converted for utilization on a day-for-day basis, meaning the recipient shall be paid at his/her regular rate of pay. The recipient shall utilize donated catastrophic sick leave in the order donations are received, exhausting all days donated by one bargaining unit member before beginning to utilize days donated by another bargaining unit member. Donated catastrophic sick leave not utilized by the recipient prior to return to service shall be returned to the donor. The CSEA agrees that it will not file, on its own behalf or on behalf of any member of the unit, any grievance, claim or lawsuit of any kind related to any attempt to retrieve or get back any donated sick leave, used by another bargaining unit member. This provision of the Agreement may be terminated at any time upon written notice from the District to the CSEA.
O.
P.
Military Leave: Employees shall be entitled to such leaves of absence with any pay and other benefits as are provided in Division II, Part I, Chapter VII of the Military and Veteran's Code, Section 389, et seq. Leaves of Absence Without Pay: 1.
Leave of absence without pay may be granted to a permanent classified employee upon written request of the employee and the approval of the Governing Board or its designated representative, subject to the following restrictions: a.
Leave of absence without pay, including training and study leaves for the purpose of improving job performance, for any period not exceeding one (1) year, except for military service; and
b.
The granting of a leave of absence without pay gives to the employee the right to return to his/her position at the expiration of his/her leave of absence, provided that he/she is physically and legally capable of performing the duties. The position may be filled with his/her classification only for the duration of the leave.
2.
The Governing Board may, for good cause, cancel any leave of absence by giving the absent employee due notification and a reasonable period of time to return to his/her job.
3.
An employee may make a written request to the Governing Board to return to work, prior to the expiration date of the leave. The Governing Board may approve or reject the request.
4.
Failure to report for duty within five (5) days after a mutually agreed to reporting time could be considered abandonment of the position unless prevented by illness or a personal emergency of which the District Superintendent has been notified.
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ARTICLE X. EMPLOYEE EVALUATION PROCEDURE A.
B.
General: 1.
Job performance matters between a classified employee and supervisor may be discussed at the time the issue is pertinent rather than holding it in abeyance until the time of written evaluation.
2.
Written evaluation will be made on the attached evaluation form, Appendix E, and incorporated by reference herein. Employee evaluations shall be made at the end of the 2nd and 5th months of service and annually thereafter during the sixty (60) day period preceding the employee's anniversary month.
3.
A satisfactory evaluation will serve as the basis for being granted an annual step increase.
Evaluation: 1.
Employee evaluations shall be placed in the personnel file of each employee and maintained at the District's central administration office.
2.
Upon receipt of copies of any derogatory material, any employee shall have ten (10) working days to respond before material is placed in employee's personnel file. The employee shall be given the opportunity during normal working hours to discuss the derogatory material with the Supervisor and provide a written response which shall be attached to the material prior to review by District administration.
3.
Any written evaluation material placed in an employee's file shall contain the date the material was reviewed with the employee, the signature of the evaluator, and the date the material is placed in the file.
4.
No unsatisfactory evaluation shall be based upon hearsay statements only.
5.
An employee shall have the right during normal working hours and at any reasonable time, without loss of pay, to examine and/or obtain copies of any material from the employee's personnel file with the exception of material that includes ratings, reports, or records which are obtained prior to the employment of the employee involved. The employee's personnel file shall be available for examination by the CSEA representative if written authorization is given by the employee.
6.
All personnel files containing evaluation material shall be kept in confidence and shall be available for inspection only to other employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the employee.
7.
When the immediate Supervisor presents the evaluation form to the employee, all items on the evaluation form shall be reviewed with the employee, including the "remarks" section and the "areas needing improvement" section. After the review, the employee shall sign and date the evaluation form at that time.
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ARTICLE XI. TRANSFER PROCEDURE A.
The term "transfer" shall mean a lateral movement within the job classification/same job title from one work position or station to another work position or station in the District.
B.
All new initial assignments or new placements of employees to work positions or stations are within the discretion of the District.
C.
Except in urgent situations where temporary transfers may be made, transfers of employees shall be completed pursuant to the following provisions: 1.
Voluntary Transfers: When a new position is created or an existing position becomes vacant, the District shall post the vacancy for no less than six (6) working days on bulletin boards in prominent locations where employees traditionally gather. A copy of the notice of a vacancy shall be provided to a CSEA Chapter President and the assigned Labor Relations Representative. Any employee may apply for transfer to that position by filing a written notice with the Superintendent of the District. If more than one employee wishes to be transferred and they both qualify and are equally qualified, the employee with the greatest seniority in class shall be transferred. In the event that two (2) or more employees have identical seniority, the selection shall be made by lot.
2.
Involuntary Transfers: Employees may be transferred within class by the District management at any time whenever such transfer is in the best interest of the District as defined by the District management. An employee affected by such transfer, and the local CSEA Chapter President, and the assigned Labor Relations Representative, shall be given notice as soon as administratively practical, and a conference will be held between the appropriate management person, and the employee and the CSEA in order to discuss the reasons for the transfer.
3.
Notice Contents: The notice of a vacancy shall clearly state the position that is vacant. The notice of vacancy also shall provide sufficient information about the position, which will provide reasonable opportunity to employees to determine whether they should file for the vacancy. If the position is a new position, the notice of vacancy shall include the hours, work year salary range and job classification.
D.
Medical Movement: The District may give temporary alternative work when the same is available to an employee who has become medically unable to satisfactorily perform his/her regular job class duties. The alternate work may constitute promotion, demotion, or transfer, but it will preferably be constituted by mutual agreement with the District and the concurrence of the employee.
E.
A qualified transfer applicant shall have preference over any qualified promotional applicant.
F.
To support fair access to all classified vacancies the District and CSEA agree to participate equally and jointly in job interviews and final recommendations of candidates.
ARTICLE XII. PROMOTION PROCEDURE A.
The term "promotion" shall mean a movement to a higher job classification or different job title in another work position or station in the bargaining unit. The term "promotion" shall not mean any reclassification or normal salary schedule advancement.
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B.
Any employee may apply for promotion to a vacant position by filing a written notice with the Superintendent of the District. If more than one employee wishes to be promoted and they both qualify and are equally qualified, the employee with the greatest seniority in class shall be promoted, In the event that two (2) or more employees have identical seniority, the selection shall be made by lot. This provision shall not supercede the right of employees to apply for transfer. All request for transfer shall be considered prior to consideration for promotion. Promotional offers shall only be made when there is no transfer request(s).
C.
Except in urgent situations where temporary promotions may be made, promotions of employees shall be completed pursuant to the following provisions: 1.
Promotions: When a new position is created or an existing position becomes vacant, the District shall post the vacancy for no less than six (6) working days on bulletin boards in prominent locations where employees traditionally gather. A copy of the notice of vacancy shall be provided to a CSEA chapter representative. Any employee may apply for promotion to that position by filing a written notice with the Superintendent of the District.
2.
Notice Contents: The notice of a vacancy shall clearly state the position that is vacant. The notice of a vacancy also shall provide sufficient information about the position, which will provide reasonable opportunity to employees to determine whether they should file for the vacancy. If the position is a new position, the notice of vacancy shall include the hours, work year salary range and job classification.
ARTICLE XIII. GRIEVANCE PROCEDURE A.
B.
Section 1 - Definitions: 1.
Grievance: A formal written allegation by a grievant that said grievant has been adversely affected by the interpretation, application, or alleged violation of the terms of this Agreement.
2.
Grievant: Any District employee covered by the terms of this Agreement and who claims that he/she has been personally adversely affected. The grievant shall have the right to carry the grievance individually or utilize the CSEA. The CSEA also shall have the right to file a grievance on behalf of bargaining unit employees.
3.
Day: A day as used herein shall mean a scheduled work day for the employee.
Section 2- Grievance Handling: 1.
Informal Level: Before filing a formal written grievance, the grievant shall attempt to resolve it by an informal conference with his immediate supervisor within ten (10) days after the grievant knew or should have known of the event or circumstances occasioning the grievance.
2.
Level I - Immediate Supervisor/Principal: a.
Within ten (10) days following the informal level meeting, the grievant must present his grievance in writing, using the Grievance Form attached as Appendix F, to his immediate supervisor/building principal if they are not one and the same. - 28 -
3.
4.
b.
The supervisor shall communicate his decision to the employee in writing within ten (10) days after receiving the grievance. If the supervisor does not respond within the time limits, the grievant may appeal to the next level.
c.
Within the above limits, either party may request a personal conference. Said conference shall be honored when requested.
d.
The employee who is designated as Job Steward and the grievant will exclusively receive time off from duties for the processing of grievances past Level I subject to the following conditions: (1)
Twenty-four (24) hours prior to release from duties with pay for grievance processing, the designated representative informs his immediate supervisor.
(2)
That such time off shall be limited solely to representing the grievant in a conference with a management person, beyond Level I, and in no way shall this limitation include use of such time for matters such as gathering information, interviewing witnesses, or preparing a presentation.
Level II - Superintendent: a.
If the grievant is not satisfied with the decision at Level I, he/she may, within ten (10) days, appeal the decision in writing to the Superintendent.
b.
This statement shall include a copy of the original grievance and appeal, the decisions rendered and a clear, concise statement of the reasons for the appeal.
c.
The Superintendent shall communicate his decision to the grievant within ten (10) days. If the Superintendent does not respond within the time limits provided, the grievant may appeal to the next level.
d.
Within the above limits, either party may request a personal conference. Said conference shall be honored when requested.
Level III - Board of Trustees: a.
If the grievant is not satisfied with the decision at Level II, he/she may, within ten (10) days, appeal the decision in writing to the Board of Trustees by filing said appeal with the Superintendent. Upon receipt of the appeal, the Superintendent or his designee shall prepare, within ten (10) working days, a full report for the Board of Trustees. This report shall include the statement of grievance and other pertinent materials. The grievant and the exclusive representative shall be given a copy of said report.
b.
If the Board of Trustees is unable to render a final determination on the record, it may reopen the record for the taking of additional evidence. The decision of the Board shall be communicated in writing within ten (10) days of the Board meeting at which the appeal was adjudicated.
c.
Copies will be provided by the Superintendent for distribution. The decision of the Board of Trustees shall be final unless pursued by the grievant through process made available to him/ her by law. - 29 -
d.
5.
6.
7.
Within the above limits, either party may request a personal conference. Said conference shall be honored when requested.
Alternate Level III - Advisory Arbitration: a.
If the grievant is not satisfied with the decision rendered pursuant to Level II, with the concurrence of CSEA, he/she shall submit a request in writing to the Superintendent for advisory arbitration of the dispute. Said request shall be made within ten (10) days.
b.
An impartial arbitrator shall be selected jointly by the grievant and the District within ten (10) days of receipt of the written request. In the event that the parties cannot agree, the State Conciliation Service shall be requested to supply a panel of five (5) names. Alternate names shall be stricken until only one remains.
c.
The fees and expenses of the arbitrator and a court reporter, if required by the arbitrator, shall be shared equally between the District and the grievant. Any additional expenses shall be borne by the party incurring such expenses.
d.
The arbitrator shall have no authority to add to, delete, or alter any provisions of this Agreement but shall limit his/her decision to the application and interpretation of its provisions.
e.
The arbitrator shall rule upon the arbitrability of issues before hearing the merits of the issues.
f.
After hearing the evidence, the arbitrator shall submit his/her findings and recommendations in writing to the District, the grievant and the CSEA.
Level IV - Board of Trustees: a.
If either party is not satisfied with the findings or recommendations of the arbitrator, he/she shall appeal the decision to the Board of Trustees within ten (10) days.
b.
The Board shall review the written record and render a final decision, except that nothing shall bar the right of the grievant to pursue legal avenues available.
c.
Additional evidence will be taken before the Board only if the Board determines that the record is not sufficiently complete to enable it to render its decision.
d.
The decision shall be rendered no later than the second regularly scheduled meeting after the filing of the appeal.
Miscellaneous: a.
Time Lines: The number of working days indicated at each level of this procedure, with the exception of the time limitations stated in B.1. of the Article, may be extended by mutual consent or due to unusual circumstances.
b.
Records: All documents, records, tapes or other matter relating to the findings, recommendations, or decisions occurring from the grievance hearings, after Trustee decision, shall be delivered to the Superintendent to be stored except pursuant to legal order to do so arising from a subsequent administrative or judicial proceeding held in connection with the matter. - 30 -
c.
Pay: The grievant(s) and his/her representative, who are employees required to absent themselves to participate directly at any level of the grievance procedure, shall not suffer any loss of pay.
d.
Initiate Grievance at Level II: If a grievance arises from action or inaction on the part of a member of the administration at a level above the immediate supervisor/principal, the grievant may submit such grievance in writing to the Superintendent and the processing of such grievance shall commence at Level II. The Superintendent shall have the prerogative of referring the grievance to Level I if, in his judgment, the grievance did not arise at the higher level.
e.
Multiple Grievance: If the same grievance is filed by more than one (1) grievant over the same issue, no more than two (2) grievants shall be granted release time to process the grievance.
f.
Reprisals: No reprisals shall be taken by or against any participant involved in the grievance procedure by reason of such participation.
ARTICLE XIV. LAYOFF AND REEMPLOYMENT (Rev’d 2/05) A.
Reason For Layoff: Layoff shall occur only for lack of work or lack of funds.
B.
Notice Of Layoff: The District shall notify the affected employees and CSEA in writing following formal action by the Board of Trustees, and no later than forty-five (45) days prior to any planned layoffs.
C.
Order Of Layoff: Any layoff shall be affected within a classification. An employee's seniority in a classification shall be measured by time served in that classification plus time served in any higher classifications. An employee with the least seniority within the affected classification shall be laid off first.
D.
Bumping Rights: An employee laid off from his or her present classification may bump into an equal or lower classification if the employee has previously earned permanent status in that classification, possesses the minimum qualifications for the classification at the time of bumping, and has sufficient seniority to bump another employee in that classification.
E.
Seniority: Seniority shall be calculated based on date of hire. If two (2) or more employees subject to layoff have equal years of seniority in a classification, the determination as to who shall be laid off will be made on the basis of actual day and month of hire and, if that be equal, then the determination shall be made by drawing lots. Process for Breaking Seniority Ties: (5/09) STEP 1: If two (2) employees will be drawing lots, four pieces of paper will be placed in a small container, one of the four pieces of paper will have a star printed on it. If three (3) employees will be drawing lots, six pieces of paper will be placed in a small container, and one of the six pieces of paper will have a star printed on it. If four (4) employees are drawing, eight pieces of paper will be used, etc. STEP 2: The first person to draw lots will be the individual with a birth date closest to January 1. If on the first drawing, this person does not draw the paper with the star, the second person will draw first on the next drawing. - 31 -
STEP 3: The person who selects the star will be deemed as having the most seniority. STEP 4: The above process shall be repeated until all ties are broken. This seniority ranking order shall be permanent. F.
Layoff in Lieu of Bumping: An employee who elects to accept a layoff and not exercise rights under item D above shall maintain all re-employment rights under this Agreement.
G.
Reemployment Rights: Laid off persons are eligible for reemployment in the classification from which laid off as well as any other lower classification in which the employee had earned permanent status for a thirty-nine (39) month period and shall be re-employed in the reverse order of layoff. Reemployment shall take precedence over any other type of employment, defined or undefined, in the Agreement.
H.
Demotion Or Reduction In Hours: Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the employee's option, returned to a position in their former classification or to positions with increased assigned time as vacancies become available with a sixty-three (63) month period. (Ed. Code §45298)
I.
Retirement In Lieu Of Layoff:
J.
1.
Any employee in the bargaining unit may elect to accept a service retirement in lieu of layoff, demotion, or reduction in assigned hours. Such an employee shall, within ten (10) workdays prior to the effective date of the proposed layoff, complete and submit a form provided by the District for this purpose.
2.
The employee shall be placed on thirty-nine (39) month reemployment list in accordance with Section G above.
3.
The District agrees that when an offer of reemployment is made to an eligible person retired under this Article, and the District receives within ten (10) working days a written acceptance of the offer, the position shall not be filled by any other person, and the retired person shall be allowed an additional ten (10) working days to terminate his/her retired status.
4.
An employee subject to this Section who retires and is eligible for reemployment and who declines an offer of reemployment equal to that from which he/she was laid off, shall be deemed to be permanently retired.
5.
Any election to retire after being placed on a reemployment list shall be retirement in lieu of layoff within the meaning of this Section.
Seniority Roster: The District shall provide CSEA an updated seniority roster annually during the month of November, indicating employees' class seniority in all classifications worked based on date of hire for each position. Such roster shall also be given to CSEA within 10 work days of request. The parties acknowledge that pre-1997 hours in paid status needed to determine seniority ranking for employees who transferred into the District from the former elementary or high school District have already been calculated and agreed upon by the parties and shall not be subject to challenge by CSEA, the District or an individual employee.
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K.
Notification Of Re-employment Opening: Any employee laid off subsequently eligible for reemployment shall be notified in writing by the District of an opening. Such notice shall be sent by certified mail to the last address given the District by the employee, with a copy to CSEA by the District which will acquit the District of its notification responsibility.
L.
Employee Notification To District: An employee shall notify the District of his or her intent to accept or refuse reemployment within five (5) working days following receipt of the reemployment notice. If the employee accepts reemployment, the employee must report to work within fifteen (15) working days following receipt of the reemployment notice. An employee may decline an offer of reemployment equal to that from which he/she was laid off for one time only; upon rejection of the second offer of equal employment, the employee shall be removed from the re-employment list.
M.
Reemployment In Former Classification: Employees shall be re-employed in the classification from which the employee was laid off in accordance with their seniority. Employees who accept a position at a lower classification or with fewer hours than the position from which the employee was laid off shall retain their original thirty-nine (39) month reemployment rights to the higher paid position for a period of sixty-three (63) months, measured from the original date of layoff. An employee offered employment in a position at a lower classification or with fewer hours than the classification held at the time of layoff may refuse or accept the employment and remain on the reemployment list for a position which restores the employee to his/her original classification and hours. A rejection of a position with fewer hours or at a lower classification shall not be counted as the one-time rejection referenced in Section L above.
N.
Improper Layoff: Any employee who is improperly laid off shall be re-employed immediately upon discovery of the error and made whole for all losses.
O.
Seniority During Involuntary Unpaid Status: Upon return to work, all time during which an individual is in involuntary unpaid status shall not be counted for seniority purposes and during such time the individual will not accrue vacation, sick leave, holidays, or other leave benefits.
ARTICLE XV. PROFESSIONAL GROWTH A.
Eligibility: All permanent employees shall be eligible to participate in the Professional Growth Program.
B.
Courses in areas suitable for the Professional Growth Award: 1. 2. 3. 4. 5. 6.
C.
Job related courses-related to the technical or specialized aspects of the employee’s position. Courses meeting requirement of the employee’s major. Courses of a general education value, which would improve the employee’s job performance level. General education courses when needed to complete the remaining 9 units for a degree. Physical Education courses will not count towards advancement, unless they are required to complete an AA, BA, or BS degree. All courses submitted must have a catalogue or course description attached.
Professional Growth Review Committee: A Professional Growth Committee shall be formed for the purpose of evaluating and approving or rejecting course work submitted by employees for application toward a professional growth increment.
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The Committee shall consist of four (4) employees of the District, two (2) management, and two (2) classified. Two (2) of these members shall be management, confidential, or supervisory employees named by the District and two (2) members shall be representatives of the classified employees. Committee members shall be appointed for two years, with the exception of the first year where one person will have a two year term and the other a one year term. The chairperson shall be elected by the Committee for a one (1) year period. The chairperson shall report to the District of his/her election. The Committee shall determine meeting schedules each month to consider acceptance or rejection of requests. The Committee shall convey its decision to the requesting employees in writing no later than one (1) week following the Committee’s meeting. In case of a two (2) to two (2) deadlock, an outside representative (certificated employee) will be added to the panel, for that specific purpose only; and after hearing arguments from both sides will cast the tie-breaking vote D.
Method: An employee shall be granted a two and one-half (2.5) percent salary increment upon successfully completing the equivalent of fifteen (15) semester units. (16-18 hours equals 1 unit) The employee has two (2) years from the date on intent to complete the units requested. However, if the units are completed prior to date of intent, the salary increment will begin in September or February. The employee shall provide the Chairperson with copies of transcripts to be sent to the District. Units earned by Instructional Aides for advancement from Aide I to Aide II and Aide III may not be applied toward Professional Growth increments. Units other than those used for advancement may be applied toward Professional Growth. The employee must fill out a “Declaration of Intent-Course Approval” form and submit it to the Professional Growth Committee for approval or rejection. If it is the employee’s responsibility to provide copies of all transcripts and course description to the Committee and District. Modifications and extension of the original declaration of intent due to illness of other extenuating circumstances may be granted by the Committee upon request. If an employee desires to change a course listed on the original declaration, a written request must be submitted for approval prior to beginning the course. There must be two (2) years lapse between the Professional Growth Awards. No one shall receive credit for workshops, institutes, lectures, or conferences if these are attended during the paid working day or at District expense.
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ARTICLE XVI. DISCIPLINE OF EMPLOYEES A.
A permanent employee may be disciplined by the District for just cause. The term "discipline" specifically does not include adverse or negative evaluations, warnings, directives and the implementation of other Articles in the Agreement such as the denial of any leave. The term "discipline" is limited to dismissal, suspension, demotion, or denial of a regularly scheduled anniversary step advancement on the salary schedule. Disciplinary action may not commence until after the completion of the evidentiary hearing except in all cases of dismissal; in all cases where the District determines that the safety of individuals and/or property is better served with the employee's absence; or in cases where no evidentiary hearing is requested in a timely manner.
B.
Prior to the taking of discipline, the Superintendent shall give written notice to the employee. This written notice of proposed disciplinary action shall be served by certified mail or personal delivery to the employee at least ten (10) calendar days prior to the date when discipline may be imposed. In emergency situations where it is deemed appropriate to remove the employee immediately, the employee shall not lose compensation prior to the date when discipline may commence. Loss of compensation in all cases may occur after the tenth (10th) calendar day following the date written notice was served. The written notice of proposed disciplinary action shall be served by personal delivery or by certified mail. Service by certified mail shall be deemed complete on the date of mailing. The contents of the written notice shall include at least the following: 1.
A statement in ordinary and concise language of the specific acts and omissions, upon which the proposed disciplinary action is based.
2.
The specific disciplinary action proposed.
3.
The cause(s) or reason(s) for the specific disciplinary action proposed.
4.
A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place.
5.
A statement that the employee has the right to respond to the matters raised in the written notice both orally and in writing, including the submission of affidavits, prior to the end of the ten (10) calendar days following the date the written notice was served.
6.
A statement that the employee, upon request, is entitled to appear personally before the Superintendent or designee regarding the matters raised in the written notice prior to the end of the ten (10) calendar days following the date the written notice was served. At such meeting the employee shall be granted a reasonable opportunity to make any representations the employee believes are relevant to the case.
7.
A statement that the employee, upon written request, is entitled to an evidentiary hearing before the Board, or before a neutral arbitrator if CSEA represents the employee and requests advisory arbitration, before any disciplinary action is final. A statement that no evidentiary hearing shall be held unless notice is delivered to the Superintendent within ten (10) calendar days after the date the written notice of proposed disciplinary action was served. Attached or enclosed with the written notice of proposed disciplinary action shall be a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. - 35 -
C.
Discipline under this Article for minor offenses normally will be taken only after the employee has received a warning or reprimand for the same or similar offense within the previous six months. A warning or reprimand shall not be subject to the Grievance Procedure of this Agreement.
D.
The term "just cause" shall include, but not be limited to, the following: 1.
Incompetence or inefficiency in the performance of assigned duties.
2.
Insubordination, including the refusal to perform assigned duties or the refusal to obey a lawful directive from a supervisor.
3.
Carelessness or negligence in the performance of assigned duties or in the care or use of District property.
4.
Discourteous, offensive, or abusive conduct or language toward other employees, pupils, or the public.
5.
Dishonesty.
6.
Drinking alcoholic beverages on the job, or reporting to work while intoxicated.
7.
Use of narcotics on the job, or reporting to work under the influence. The use of drugs under and consistent with the directions of a physician which does not impair the performance of an employee is not prohibited.
8.
No employee shall possess, consume or be under the influence of alcohol, illegal drugs or controlled substances at any workplace. The term workplace includes all District property including parking areas. No employee shall be under the influence of alcohol, illegal drugs or controlled substances at any place while the employee is acting within the scope of employment. Any employee who possesses, uses or is under the influence of alcohol, illegal drugs or controlled substances at any workplace or is under the influence of any of them while the employee is acting within the scope of employment is subject to discipline, up to and including dismissal, even for a first violation. Any employee who is convicted of driving under the influence of alcohol, illegal drugs or controlled substances while acting within the scope of employment may be dismissed, even for a first violation.
9.
Personal conduct unbecoming an employee of the District which may have adverse impact on the District.
10.
Engaging in political or union activity during assigned hours of employment unless otherwise authorized by this Agreement.
11.
Conviction of any felony or any crime involving moral turpitude.
12.
Unexcused absence or tardiness.
13.
Abuse of any leave or vacation.
14.
Falsifying any information supplied to the School District, including, but not limited to, information supplied on application forms, employment records, or any other School District records. - 36 -
15.
Persistent violation or refusal to obey safety rules and regulations made applicable to public schools by the governing board or by any appropriate federal, state, or local governmental agency.
16.
Offering of anything of value or offering any service in exchange for special treatment in connection with the employee's assigned duties, or the accepting of anything of value or any service in exchange for granting any special treatment to another employee or to any member of the public.
17.
Willful, negligent or intentional violation of any law concerning the District.
18.
Abandonment of position which shall be defined as failure by the employee to report an absence to the District for five (5) consecutive days.
19.
Advocacy of overthrow of federal, state, or local government by force, violence or other unlawful means.
20.
Any other action or lack of action that is detrimental to the District.
An employee who serves in a classification which includes bus driving as well as other job duties such as custodial or gardening (e.g., Custodian/bus driver) and who fails the renewal examination for the bus driving license will be allowed to retain his or her job for an additional 6 months if (1) it would not pose an undue hardship on the District or staff to reassign that individual’s bus driving duties to existing staff; and (2) the employee signs an agreement to resign at the end of the 6 months period if the employee has not renewed the license. If this provision is utilized, the District and CSEA will meet to discuss whether the employee will continue working the regularly assigned hours or whether such hours would be reduced by the amount of time normally spent performing the bus driving duties. However, if the reassignment of the bus driving duties to existing staff poses a hardship on the District, the District may proceed with the due process procedures for termination in accordance with the provisions of this Article.] (Rev’d 2/05) E.
CSEA may represent an employee in disciplinary conferences or hearing pursuant to this Article.
F.
The employee in the bargaining unit shall receive an evidentiary hearing on the proposed disciplinary action only if a written demand for such a hearing is delivered to the Superintendent within ten (10) calendar days after service of the written notice of proposed disciplinary action. If the employee is on an approved vacation or an approved extended leave of absence service shall be personal service to the employee or to a representative of the employee who has been designated as a representative in writing by the employee. In the absence of a timely demand for a hearing, the Board may act upon the proposed disciplinary action after the time period for hearing demand has expired. 1.
Unless CSEA requires that the hearing be before an arbitrator, the hearing will be held before the Board, or a hearing officer designated by the Board within forty-five (45) days of the hearing demand. The employee shall have a right to appear in person, with counsel or such other representation as determined by the employee. The District will have the burden of proof and shall first present evidence. Normal procedures shall be followed: i.e., charging party presentation, defense cross-examination, defense presentation, charging party cross-examination and rebuttal evidence from each party. Hearings will be recorded at the request of either party with such expense being borne by requesting party.
2.
With the written consent of the employee, CSEA may require that a hearing be before an arbitrator pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association. No hearing will be held before an arbitrator unless CSEA notifies the - 37 -
District that it requires such a hearing within ten (10) calendar days after the written notice of proposed disciplinary action was served on the employee. The decision of the arbitrator shall be advisory only. 3.
G.
The Board's determination of the sufficiency of the cause for disciplinary action shall be conclusive in all cases.
Probationary employees are not covered by this article.
ARTICLE XVII. SAFETY A.
The District shall comply with all safety requirements imposed by proper authority in assuming the responsibility for the safety of District employees while they are on and in the facilities provided in furtherance of the operation of the District.
B.
The District shall post rules for safety and the prevention of accidents, provide protective devices where they are required for the safety of employees and provide equipment where such equipment is necessary for the conduct of the educational program and the operations of the schools.
C.
All alleged violations of safe work conditions, shall be reported to the employee's immediate supervisor and/or in writing to the District Safety Officer. If the situation has not been resolved within a reasonable period of time, the employee may submit such alleged violation to the appropriate administrative agency, such as Cal-OSHA.
D.
Safe storage space shall be provided for an employee's tools and equipment approved by the District to be used in the regular course of employment. If an employee provides tools or equipment, it shall be done in accordance with District policy. In support of management, supervisory, and certificated personnel, employees shall have the authority and responsibility to ensure the safety of students under their supervision and facilities under their control or in their class proximity.
E.
Safety condition issues shall not be processed as grievances.
F.
Disciplinary Procedures- Transportation Employees: 1.
Drug and Alcohol Testing for Bus Drivers: CSEA agrees that the Gonzales Unified School District may participate in the Employee Testing Consortium sponsored by Keenan and Associates for the purpose of complying with the Omnibus Transportation Testing Act of 1991 and rules and regulations pertinent to the Federal Highway Administration. Any proposed changes to this agreement shall be negotiated with CSEA providing it meets all aspects of the law under the Rodda Act.
2.
Disciplinary Action – School Bus Driver: If testing for alcohol is positive with a blood alcohol content between .02 and .039, the employee shall receive a written warning concerning his/her problem. In addition, the employee shall be informed of other actions which may occur, be placed on sick leave for the remainder of the day and be paid accordingly. If the unacceptable behavior continues, the employee may be recommended to the Personnel Director, who after consulting with CSEA, may require the employee to participate in the Employee Assistance Program in accordance with the Progressive Discipline Procedure. Testing shall occur within 24 hours, if possible, prior to the employee’s return to work.
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3.
4.
If testing for controlled substances, as required by law, is positive or reveals a blood alcohol content of .04 or above, the employee shall be suspended without pay unless the employee has available sick leave and shall be required to report immediately to the Employee Assistance Program so that a drug or alcohol counselor can do an evaluation. a.
If an employee who has tested positive for drugs or .04 and above for alcohol, refuses to participate or refuses to complete the Employee Assistance program, the District may institute disciplinary action, which may include dismissal.
b.
An employee has had a positive drug and/or alcohol test of .04 or above, shall be required to submit to periodic testing while participating in, and for a reasonable period of time up to twelve (12) months after the completion of the Employee Assistance program. If positive testing occurs during this time, the District shall institute disciplinary action, which may include dismissal.
c.
The driver shall successfully complete the Employee Assistance Program, and provide written documentation from his/her counselor/medical advisor to the Personnel Director. This written documentation shall be submitted prior to consideration for written approval for the driver to return to work.
The District shall pay for pre-employment tests and for required testing including required random testing, where negative results are obtained. Should re-testing for follow-up testing produce positive results, the employee shall be responsible for reimbursement/payment.
G. Safety – Disciplinary Procedures: 1.
If a supervisor believes there is a reasonable suspicion that indulgence in alcohol or drugs exists, these provisions shall be followed: a.
First Occurrence – The employee shall be counseled by the supervisor, placed on administrative leave with pay for the full day, and shall be provided written information regarding the Employee Assistance Program.
b.
Second Occurrence – The employee shall receive written warning concerning his/her problem, informed of the other actions which may occur if the behavior continues, placed on sick leave for the remainder of the day, shall be paid accordingly, and may be recommended to the Personnel Director, who after consulting with the union, may required the employee to participate in the Employee Assistance Program.
c.
Third Occurrence - The employee shall be required to report to the Personnel director, the Union shall be immediately notified, the employee shall be required to report to the Employee Assistance Program so that a alcohol or drug counselor can do an evaluation. The evaluation shall not include drug testing of the employee. If it is the opinion of the alcohol or drug counselor, that the employee has a dependency on alcohol or drugs, the Employer shall inform the Union and may request the employee to enroll in an Employee Assistance Program, which shall be mutually agreed upon by the Employer and the Union for treatment.
- 39 -
d.
Attendance in Employee Assistance Program – An employee who enters treatment for alcohol or drug dependency under the Employee Assistance Program may be required to attend additional therapy, counseling and/or group meetings for a period of twelve (12) months beyond completion of the initial treatment through the Employee Assistance Program. The Union and the employer shall be entitled to receive information regarding the employee’s attendance in the required assistance treatment program. If the employee does not register and successfully complete the Employee Assistance Program but continues to indulge in alcohol or drugs, he/she may be subject to disciplinary action, which may include dismissal.
ARTICLE XVIII. DISTRICT RIGHTS It is understood that the District has all the customary and usual rights, powers, functions and authority to discharge its obligations. Any of the rights, powers, or authority which the District had prior to the execution of the Agreement are retained except as those rights, powers, and functions or authority which are specifically abridged or modified by this Agreement. The District has the right to make reasonable rules and regulations pertaining to employees consistent with this Agreement. In the event of an emergency, the District and the CSEA shall meet as soon as possible to determine the effect of the emergency declared by the Board of Trustees. This may include suspending pertinent provisions of this contract for the period of time necessary to correct the effect of the emergency.
ARTICLE XIX. SEVERABILITY A.
If any provisions of this Agreement are held to be contrary to any applicable law or any applicable rule, regulation, or order issued by governmental or judicial authority other than the District, such provisions shall be immediately suspended and be deemed invalid except to the extent permitted by law. Such invalidation of a part or portion of this Agreement shall not invalidate any remaining portions, which shall continue in full force and effect.
B.
In the event of suspension or invalidation of any part or portions of this Agreement, the parties agree to meet and negotiate within ten (10) working days after such determination for the purpose of arriving at a mutually agreed replacement for the invalidated part or portion.
ARTICLE XX. MAINTENANCE OF OPERATIONS A.
The CSEA agrees that there will be no concerted refusal to work during the term of this Agreement.
B.
The District agrees that it will not engage in any form of lockout of employees during the term of this Agreement.
ARTICLE XXI. COMPLETION OF AGREEMENT The District and the CSEA mutually agree that the terms and conditions set forth in the provisions of this Agreement, shall be in full settlement of all issues and items which have been negotiated and shall have no further obligation to meet and negotiate during the term of this Agreement except for re-openers, a provision expressly allowing negotiations or by written mutual consent. - 40 -
This Article shall not be interpreted to allow the District to change unilaterally policies within the scope of representation which are not contained, or referenced in this Agreement. The District does have the retained right to adopt or change practices to implement provisions of this Agreement as long as any practices are not in violation of this Agreement.
ARTICLE XXII. JOB DESCRIPTIONS The District shall prepare job descriptions for each classification during the term of this Agreement and shall update job descriptions in response to changes in jobs brought about by the District. If changes in the job description require a change in hours of employment or wages, the District will negotiate such matters upon demand by the CSEA.
ARTICLE XXIII. PARENT COMPLAINT A.
This Article is pursuant to the requirements of Education Code Section 35160.5(a)(3). The District and the Association agree that the provisions of this Article shall be interpreted as policies pursuant to the requirements of Education Code Section 35160.5(a)(3) and shall be reviewed annually consistent with any re-opener procedures in this Agreement.
B.
Informal (Oral) Complaints: No record of any informal (oral) complaint shall be placed in the personnel file of a member of the bargaining unit unless: 1.
The employee's immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a conference with the complainant, a District representative, the employee, and the employee's representative.
2.
The member of the bargaining unit has been given prior notice of the informal (oral) complaint, the identity of the complainant, and any record to be filed such that the member of the bargaining unit has a reasonable opportunity (ten calendar days) to present relevant information to his or her immediate supervisor or the Superintendent. The member of the bargaining unit also shall have a reasonable opportunity to attach a response to any derogatory material concerning the complaint before it is placed in member's personnel file.
C.
No record of any informal (oral) complaint shall be placed in the personnel file of a member of the bargaining unit if the allegation(s) or problem(s) in the complaint have been resolved to the satisfaction of all parties and the District determines not to discipline the member of the bargaining unit.
D.
If a formal (written) complaint has been filed against an employee, the informal procedure in provisions B and C may be utilized and the District may determine to place neither the complaint nor any record of the complaint in the personnel file of the member of the bargaining unit.
E.
Formal (Written) Complaints: The District shall forward within ten (10) workdays to the member of the bargaining unit any formal (written) complaint regarding that member. A member of the bargaining unit shall forward as soon as practicable to the immediate supervisor any formal (written) complaint received by the member regarding that member. No record of any formal (written) complaint or the complaint itself shall be placed in the personnel file of a member of the bargaining unit unless:
- 41 -
1.
The employee's immediate supervisor or a designee conducts an investigation about the complaint. Such investigation may include a conference with the complainant, a District representative, the employee, and the employee's representative.
2.
The member of the bargaining unit has been given prior notice of the formal (written) complaint and any record to be filed such that the member of the bargaining unit has a reasonable opportunity (ten calendar days) to present relevant information to his or her immediate supervisor or the Superintendent. The member of the bargaining unit shall also have a reasonable opportunity to attach a response to any derogatory material concerning the complaint before it is placed in member's personnel file.
F.
No disciplinary action shall be taken against a member of the bargaining unit by the District without adherence to Article XVI Disciplinary Procedure.
G.
No record of any complaint shall be placed in the personnel file of a member of the bargaining unit if an investigation by the District shows that the complaint has no merit, and/or the District believes that no record shall be maintained.
H.
If no record of any complaint is placed in the personnel file of a member of the bargaining unit by the end of the school year in which the complaint was made, the complaint may not be used as part of any evaluation in future year(s) or as a basis for any disciplinary action.
I.
Anonymous complaints shall not be processed pursuant to the provisions of this section.
ARTICLE XXIV. DURATION AND REOPENERS OF AGREEMENT A.
This Agreement shall be in full force and effect from July 1, 2013 except as otherwise provided in the Agreement, and shall remain in full force and effect up to and including June 30, 2016.
B.
Reopeners for 2013-14:
C.
1.
There will be no openers except that if the joint benefits committee makes a recommendation to change benefit providers, Article 6 Health and Welfare shall be opened.
2.
Salary may be reopened only if another employee group receives an on-schedule salary increase of greater than 4%.
Reopeners for 2014-15: 1. Article VI: Health and Welfare:
To continue exploration of alternatives to Monterey County Schools Insurance Group (MCSIG) as the health insurance provider, we propose to convene a joint benefits committee. In order to keep all options open, we will request that the Board file an “Intent to Withdraw” letter with MCSIG prior to the December 2014 deadline. 2. Retirement Benefits/Incentives: We are interested in providing retirement benefits and/or incentives for employees and will jointly explore options that would meet the needs of veteran employees.
- 42 -
APPENDIX A CSEA - Classified Ranges Title After School Aide After School Leader Assistant Cafeteria Manager Attendance Accounting Technician Bus Driver Campus Supervisor Child Care Provider Custodian Custodian/Bus Driver* Custodian/Bus Driver Custodian/Bus Driver (Lead)* Custodian/Bus Driver (Lead)** Dispatcher/Bookkeeper/Bus Driver* Dispatcher/Bookkeeper/Bus Driver Electronic/Computer Technician Food Service I Food Service II Food Service II Cook/Baker Gardener/Maintenance/Bus Driver* Gardener/Maintenance/Bus Driver Health Technician Instructional Aide I Instructional Aide - Sp Ed Instructional Aide – Special Education (Moderate to Severe) Lead Warehouse Technician Library Instructional Technology Specialist Library Technician Mail Clerk Maintenance/Bus Driver* Maintenance/Bus Driver Mechanic/Bus Driver* Mechanic/Bus Driver Migrant Services Aide Migrant Statistical Clerk Noon Duty/Yard Supervisor Office Clerk One on One IA - Special Education Plumber/Bus Driver*
Range 4 5 9 11 8 8 2 8 10 12 11 13 11 13 30 3 4 4 11 13 8 4 5
Title Plumber/Bus Driver Project Secretary Project Secretary II (pending) Project Secretary III Registrar/Systems Manager School Account Clerk School Secretary School Technology Aide Software/Computer Technician Speech and Language Assistant Van/Car Driver
12 13 11 8 2 11 13 18 20 8 8 2 11 10 22
STEP ADVANCEMENT: The District may award up to three (3) years experience credit on the salary schedule for employee who have specific work experience in the position for which they are hired. Employees will be advanced one step annually on the anniversary date of employment, the date of last salary advancement, or in the case of a change in classification, the date of such change. Step advancement is not automatic but based on satisfactory service. - 44 -
Range 24 12 30 15 13 11 11 30 6 6
See Salary Step Advancement in Article V, Item K * Employees without a bus driver’s license shall be placed on ranges 10, 11, 18, or 22 as appropriate. Upon completion of six months of services as a fully trained and licensed school bus driver, the placement will advance two ranges from the original placement. (ie if originally hired as custodian/bus driver range 10 without a license, at the end of the fully licensed 6-month service period, the placement will be range 12, etc.) The range increase shall be retroactive for the six months in which they served as a fully trained and licensed school bus driver. Employees currently receiving the $150 stipend will be automatically moved up two ranges on July 1, 2013, and will no longer receive the $150 stipend. ** Custodian/Bus Driver/Lead will receive a $150.00 per month stipend equaling $1,800.00 per year.
- 45 -
Governing Board Wendy Franscioni Sonia Jaramillo Elizabeth Gomez Funk Rebecca Rangel Hadley Jose Ramirez Superintendent & Secretary to the Board Elizabeth A. Modena
www.gonzales.k12.ca.us
Committed to Excellence CLASSIFIED SALARY SCHEDULE 2013/2014 EFFECTIVE JULY 1, 2013 Step Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
1
2
3
4
5
6
7
8
10.02 10.44 10.88 11.33 11.76 12.19 12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63
10.44 10.88 11.33 11.76 12.19 12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05
10.88 11.33 11.76 12.19 12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05 23.49
11.33 11.76 12.19 12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05 23.49 23.93
11.76 12.19 12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05 23.49 23.93 24.37
12.19 12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05 23.49 23.93 24.37 24.79
12.61 13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05 23.49 23.93 24.37 24.79 25.22
13.06 13.50 13.92 14.36 14.81 15.24 15.67 16.10 16.54 16.98 17.42 17.84 18.29 18.73 19.16 19.58 20.02 20.46 20.90 21.32 21.77 22.21 22.63 23.05 23.49 23.93 24.37 24.79 25.22 25.64
Longevity: 5% 10% 15% 20%
-
11th year 16th year 21st year 26th year
8/27/2013 Board Approved: _________________.
(This 2013/2014 salary schedule represents a 5% PERS increase & 4% additional increase over 2012/2013) 600 Elko Street P.O. Box G
Gonzales, California 93926 (831) 675-0100
-46-
Superintendent Fax (831) 675-2763 Business Fax (831) 675-1172
Governing Board Wendy Franscioni Sonia Jaramillo Elizabeth Gomez Funk Rebecca Rangel Hadley Jose Ramirez Superintendent & Secretary to the Board Elizabeth A. Modena
www.gonzales.k12.ca.us
Committed to Excellence ECE (PRESCHOOL) SALARY SCHEDULE 2013/2014 EFFECTIVE JULY 1, 2013 Step Range 16 29
Longevity:
1
2
3
4
5
6
7
8
15.91 21.36
16.33 21.77
16.75 22.17
17.16 22.60
17.59 23.01
18.01 23.43
18.43 23.84
18.83 24.24
5% 10% 15% 20%
-
11th year 16th year 21st year 26th year
CSEA – ECE (Preschool) Ranges
ECE Instructional Technician ECE Instructional Leader
16 29
Board Approved: 8/27/2013. (This 2013/2014 salary schedule represents a 5% PERS increase over 2012/2013)
600 Elko Street P.O. Box G
Gonzales, California 93926 (831) 675-0100
-47-
Superintendent Fax (831) 675-2763 Business Fax (831) 675-1172
Governing Board Sonia Jaramillo Wendy Franscioni Elizabeth Gomez Funk Rebecca Rangel Hadley Rosalie Sanchez Superintendent & Secretary to the Board Elizabeth A. Modena
www.gonzales.k12.ca.us
Committed to Excellence CLASSIFIED SALARY SCHEDULE 2014/2015 EFFECTIVE JULY 1, 2014 Step
1
2
3
4
5
6
7
8
Range
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Longevity:
10.42 10.86 11.31 11.78 12.23 12.68 13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54
5% 10% 15% 20%
-
10.86 11.31 11.78 12.23 12.68 13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97
11.31 11.78 12.23 12.68 13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97 24.43
11.78 12.23 12.68 13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97 24.43 24.89
12.23 12.68 13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97 24.43 24.89 25.34
11th year 16th year 21st year 26th year
12.68 13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97 24.43 24.89 25.34 25.78
13.12 13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97 24.43 24.89 25.34 25.78 26.23
13.58 14.04 14.48 14.94 15.40 15.85 16.30 16.74 17.20 17.66 18.11 18.56 19.02 19.47 19.93 20.36 20.83 21.28 21.73 22.18 22.64 23.10 23.54 23.97 24.43 24.89 25.34 25.78 26.23 26.67
Board Approved: 8/27/2013.
(This 2014/2015 salary schedule represents a 4% increase over 2013/2014) 600 Elko Street P.O. Box G
-48-
Gonzales, California 93926 (831) 675-0100
Superintendent Fax (831) 675-2763 Business Fax (831) 675-1172
Governing Board Sonia Jaramillo Wendy Franscioni Elizabeth Gomez Funk Rebecca Rangel Hadley Rosalie Sanchez Superintendent & Secretary to the Board Elizabeth A. Modena
www.gonzales.k12.ca.us
Committed to Excellence ECE (PRESCHOOL) SALARY SCHEDULE 2014/2015 EFFECTIVE JULY 1, 2014 Step Range 16 29
Longevity:
1
2
3
4
5
6
7
8
15.91 21.36
16.33 21.77
16.75 22.17
17.16 22.60
17.59 23.01
18.01 23.43
18.43 23.84
18.83 24.24
5% 10% 15% 20%
-
11th year 16th year 21st year 26th year
CSEA – ECE (Preschool) Ranges
ECE Instructional Technician ECE Instructional Leader
16 29
Board Approved: 8/27/2013. (This 2014/2015 salary schedule represents a 0% increase over 2013/2014)
600 Elko Street P.O. Box G
-49-
Gonzales, California 93926 (831) 675-0100
Superintendent Fax (831) 675-2763 Business Fax (831) 675-1172
Governing Board Sonia Jaramillo Wendy Franscioni Elizabeth Gomez Funk Rebecca Rangel Hadley Rosalie Sanchez Superintendent & Secretary to the Board Elizabeth A. Modena
www.gonzales.k12.ca.us
Committed to Excellence CLASSIFIED SALARY SCHEDULE 2015/2016 EFFECTIVE JULY 1, 2015 Step
1
2
3
4
5
6
7
8
Range
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Longevity:
5% 10% 15% 20%
10.84 11.30 11.77 12.25 12.72 13.18 13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48
-
11.30 11.77 12.25 12.72 13.18 13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93
11.77 12.25 12.72 13.18 13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93 25.41
12.25 12.72 13.18 13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93 25.41 25.88
12.72 13.18 13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93 25.41 25.88 26.36
11th year 16th year 21st year 26th year
13.18 13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93 25.41 25.88 26.36 26.82
13.64 14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93 25.41 25.88 26.36 26.82 27.28
14.13 14.60 15.06 15.53 16.02 16.49 16.95 17.41 17.89 18.37 18.84 19.30 19.78 20.25 20.73 21.17 21.66 22.13 22.60 23.06 23.55 24.02 24.48 24.93 25.41 25.88 26.36 26.82 27.28 27.74
Board Approved: 8/27/2013.
(This 2015/2016 salary schedule represents a 4% increase over 2014/2015) 600 Elko Street P.O. Box G
-50-
Gonzales, California 93926 (831) 675-0100
Superintendent Fax (831) 675-2763 Business Fax (831) 675-1172
Governing Board Sonia Jaramillo Wendy Franscioni Elizabeth Gomez Funk Rebecca Rangel Hadley Rosalie Sanchez Superintendent & Secretary to the Board Elizabeth A. Modena
www.gonzales.k12.ca.us
Committed to Excellence ECE (PRESCHOOL) SALARY SCHEDULE 2015/2016 EFFECTIVE JULY 1, 2015 Step Range 16 29
Longevity:
1
2
3
4
5
6
7
8
15.91 21.36
16.33 21.77
16.75 22.17
17.16 22.60
17.59 23.01
18.01 23.43
18.43 23.84
18.83 24.24
5% 10% 15% 20%
-
11th year 16th year 21st year 26th year
CSEA – ECE (Preschool) Ranges
ECE Instructional Technician ECE Instructional Leader
16 29
Board Approved: 8/27/2013. (This 2015/2016 salary schedule represents a 0% increase over 2014/2015)
600 Elko Street P.O. Box G
Gonzales, California 93926 (831) 675-0100
-51-
Superintendent Fax (831) 675-2763 Business Fax (831) 675-1172
APPENDIX C
GONZALES UNIFIED SCHOOL DISTRICT GRIEVANCE FORM (To be used to submit a grievance in writing)
_____________________________________________________________________________________________ NAME Last First Middle _____________________________________________________________________________________________ ADDRESS ______________________________________ HOME TELEPHONE ______________________________________ WORK LOCATION
______________________________________ REPRESENTATIVE (IF ANY)
______________________________________ IMMEDIATE SUPERVISOR
______________________________________ DATE GRIEVANCE OCCURRED
GRIEVANCE__________________________________________________________________________________ (concise statement of circumstances and grievance) _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ CONTRACT PROVISION(S) VIOLATED, MISAPPLIED OR MISINTERPRETED ________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ SPECIFIC REMEDY SOUGHT __________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ CONFERENCE REQUEST YES ________
NO ________
______________________________________ GRIEVANT’S SIGNATURE
______________________________________ DATE
********************************************************************** RECEIVED BY: ____________________________________ SIGNATURE
-52-
__________________________ TITLE
__________________ DATE RECEIVED
APPENDIX D
GONZALES UNIFIED SCHOOL DISTRICT Classified Evaluation Form
Name:___________________________________
Work Location:_________________________
Position:_________________________________
Evaluation Period:______________________
RATING SCALE
1.0 1.1
1.2
2.0 1.3
2.1
3.0 2.2
3.1
3.2
4.0 3.3
3.4
4.1
4.2
Meets District Standards
Below District Standards
Not Applicable
1.0
ATTENDANCE STANDARDS: 1.1 Attendance record reflects a minimum of absences. Actual absences ______ hours. 1.2 Punctuality: Employee consistently reports for work on time. 1.3 Employee consistently remains on the job after reporting for work. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
2.0
DEPENDABILITY STANDARDS: 2.1 Employee possesses the ability to consistently follow through for the completion of job and assignments. 2.2 Employee consistently adheres to time lines for the completion of job assignments. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
3.0
INITIATIVE STANDARDS: 3.1 Employee is consistently self-reliant in completing assignments. 3.2 Employee offers suggestions for work improvements and/or offers solutions for work problems. 3.3 Employee takes action for self improvement. (Professional Growth, e.g.) where applicable. 3.4 Employee consistently utilizes initiative in completing job-related tasks. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
4.0
QUALITY OF WORK STANDARDS: 4.1 Employee is consistently accurate and skilled in performing tasks and takes pride in a job well done. 4.2 Employee's work area and work product is consistently neat. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
-53-
RATING SCALE
5.0 5.1
6.0 5.2
6.1
6.2
7.0 6.3
7.1
8.0 7.2
8.1
8.2
9.0 8.3
8.4
9.1
9.2
Meets District Standards
Below District Standards
Not Applicable
5.0
QUANTITY OF WORK STANDARDS: 5.1 Employee consistently completes appropriate amounts of tasks relative to his or her skill level and the requirements of the position. 5.2 Employee consistently completes appropriate amounts of tasks relative to time lines and the requirements of the position. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
6.0
WORK PRACTICES STANDARDS: 6.1 Employee consistently follows work instructions in a complete and thorough manner. 6.2 Employee consistently follows proper recommendations for the use, care and safe operation of equipment. 6.3 Employee consistently complies with rules, regulations and policies. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________
7.0
PLANNING AND ORGANIZING WORK STANDARDS: 7.1 Employee consistently performs job tasks in a timely and thorough manner. 7.2 Employee consistently utilizes time and resources in an efficient and effective manner. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
8.0
ADAPTABILITY STANDARDS: 8.1 Employee possesses the ability to work under varying conditions and/or at different work sites. 8.2 Employee consistently demonstrates the ability to apply job knowledge and skills to new or unfamiliar work. 8.3 Employee sees variable work situations in a positive manner. 8.4 Employee consistently displays a positive attitude toward supervisor, staff, students and parents. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
9.0
JUDGEMENT AND DECISION-MAKING STANDARDS: 9.1 Employee demonstrates the consistent ability to effectively assemble data and facts in making decisions. 9.2 Employee consistently uses good decision-making skills in performing work assignments and duties. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
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RATING SCALE
10.0 10.1
10.2
10.3
11.0 10.4
10.5
11.1
11.2
11.3
12.0 11.4
12.1
12.2
12.3
12.4
Meets District Standards
Below District Standards
Not Applicable
10.0
PUBLIC CONTACT AND COMMUNICATION STANDARDS: 10.1 Employee is consistently honest, tactful, and courteous. 10.2 Employee consistently presents himself/herself in an appropriate manner to represent Gonzales Unified School District. 10.3 Employee consistently demonstrates the ability to handle difficult situations and confrontations. 10.4 Employee consistently demonstrates the ability to use oral and written language effectively 10.5 There is open communication and articulation between employee and supervisor(s). COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
11.0
HUMAN RELATIONS STANDARDS: 11.1 Employee consistently works effectively and in a participatory manner with supervisor(s). 11.2 Employee consistently works effectively and in a cooperative manner with fellow employees and other district staff. 11.3 Employee consistently interacts effectively and demonstrates concern and sensitivities towards students. 11.4 Employee interacts effectively and demonstrates concern and sensitivities towards parents and other community members. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
12.0
SUPERVISORY ABILITY STANDARDS: (ONLY FOR EMPLOYEES WHO SUPERVISE) 12.1 Ability to effectively coordinate the work of others. 12.2 Effectively plans and encourages the professional development of subordinates. 12.3 Maintains effective discipline, morale and approachability. 12.4 Consistently demonstrates sound decision making skills. COMMENTS:_______________________________________________________________________________ __________________________________________________________________________________________ ____________________
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GONZALES UNIFIED SCHOOL DISTRICT CLASSIFIED EVALUATION FORM Employee strengths:
Goals and Objectives for subsequent evaluation:
Comments:
_____________________________________________
________________________________
Supervisor signature (if applicable)
Date
____________________________________________________________________ Evaluator's signature
R
Meets District Standards
________________________________________________ Date
R Below District
R Recommend
Standards/ No step increase
Dismissal
ACKNOWLEDGEMENT I acknowledge that I have seen the above evaluation and have been provided with suggestions for improvement. I understand that my signature does not necessarily mean that I agree with this evaluation.
_____________________________________________ Employee's signature
________________________________ Date
GUSD (04/99)
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APPENDIX E
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