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This is an Agreement made and entered into this 1st day of by HC12072707412

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									 1   This is an Agreement made and entered into this 1st day of July, 2007, between the Vista
 2   Unified School District (hereinafter referred to as “District”) and the California School
 3   Employees Association (hereinafter referred to as “Association”) and its Vista Chapter
 4   #389.
 5
 6                                  ARTICLE 1 RECOGNITION
 7
 8   The District confirms its recognition of the Association as the exclusive representative for
 9   that unit of employees recognized by the District on April 30, 1976, as listed on Appendix
10   A-2.    This list specifically excludes limited-term employees, substitutes, noon duty
11   assistants, and student workers. Classification titles may be added/modified during the
12   term of this Agreement for newly created positions and for positions changed by
13   reorganization/reclassification. Changes in management or confidential designation will
14   be made only by mutual agreement of the District and the Association subject to the rules
15   of the Public Employment Relations Board (PERB).
16




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 1                                 ARTICLE 2 DISTRICT RIGHTS
 2
 3   It is understood and agreed that the District retains all of its powers and authority to direct,
 4   manage, and control to the full extend of the law. Included in those duties and powers are
 5   the exclusive rights to: determine its organization; direct the work of its employees;
 6   determine the times and hours of operation; determine the kinds and levels of services to
 7   be provided, and the methods and means of providing them; establish its educational
 8   policies, goals and objectives; ensure the rights and educational opportunities of students;
 9   determine staffing patterns; determine the number of kinds of personnel required;
10   maintain the efficiency of District operations; determine the curriculum; build, move or
11   modify facilities; establish budget procedures and determine budgetary allocation;
12   determine the methods of raising revenue; contract out work and take action on any
13   matter in the event of an emergency. In addition, the Board retains the right to hire,
14   classify, assign, evaluate, promote, terminate, and discipline employees. The exercise of
15   the foregoing powers, rights, authority, duties, and responsibilities by the District, the
16   adoption of policies, rules, and regulations and practices in furtherance therewith, shall be
17   limited by the specific and express terms of this Agreement and by applicable law. The
18   District retains the right to amend, modify, or rescind policies and practices referred to in
19   this Agreement in cases of emergency. An emergency is defined as a natural or man-
20   made catastrophe or action, which interrupts or terminates the normal and ordinary
21   conduct of school.
22




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 1                           ARTICLE 3 GRIEVANCE PROCEDURES
 2
 3   3.1   DEFINITIONS
 4         3.1.1 A GRIEVANCE is an allegation by a unit member, group of members, or the
 5               Association   who    claim   to       be   directly   affected   by   a   violation,
 6               misinterpretation, misapplication, or misimplementation of the specific
 7               provisions of this Agreement. For purposes of this procedure, a DAY is any
 8               day in which the Central Administrative Office of the District is open for
 9               business.
10         3.1.2 An IMMEDIATE SUPERVISOR, as pertains to this procedure, shall be the
11               first level Management Team member who is designated by the District to
12               adjust grievances.
13   3.2   PROCEDURE
14         3.2.1 Informal Level.   Before filing a formal written grievance, the grievant(s)
15               should attempt to resolve the grievance by an informal conference with
16               his/her Immediate Supervisor or designee not a member of the bargaining
17               unit. Nothing contained herein will be construed as limiting the right of any
18               employee having a grievance to discuss the matter informally with any
19               appropriate member of the Association provided the adjustment is not
20               inconsistent with the terms of this Agreement and the Association has been
21               given an opportunity to be present at such adjustment and to state its views.
22         3.2.2 Level I. Within twenty-five (25) days of the time the grievant(s) knew of or
23               reasonably should have known of the event or condition, which gave rise to
24               the grievance, the grievance must be presented in writing to the Immediate
25               Supervisor. The Supervisor shall communicate the decision in writing within
26               ten (10) days after receiving the grievance. Within the ten (10) day limit, the
27               parties shall hold a conference to attempt to resolve the grievance.
28         3.2.3 Level II. In the event the decision at Level I is not satisfactory with the
29               grievant(s), the decision may be appealed to the Superintendent or
30               designee(s) within ten (10) days. The Superintendent or designee(s) shall
31               communicate the decision in writing within ten (10) days after receiving the



                                                   3
 1                appeal. Within the ten (10) days after receiving the appeal, the parties shall
 2                hold a conference to attempt to resolve the grievance.
 3         3.2.4 Level III. In the event the decision at Level II is not satisfactory with the
 4                grievant(s), the decision may be appealed in writing to the Board within ten
 5                (10) days. The Board may schedule a conference to attempt a resolution of
 6                the grievance. In any event, the Board shall communicate the decision in
 7                writing within ten (10) days after receiving the appeal.
 8         3.2.5 Level IV. In the event the decision at Level III is not satisfactory with the
 9                grievant(s), the grievant(s) may, within ten (10) days, request in writing that
10                the Association submit the grievance to arbitration.        The Association, by
11                written notice to the Board, within twenty (20) days after the receipt of the
12                decision of the Board, may submit the grievance to arbitration.
13   3.3   ARBITRATION
14         3.3.1 The parties shall first attempt to mutually select an arbitrator.             If no
15                agreement is reached within five (5) days of the request to arbitrate, the
16                parties shall request a list of five (5) arbitrators from the American Arbitration
17                Association and shall select the arbitrator by the alternate strike method, the
18                first party striking to be determined by lot.
19         3.3.2 The arbitrator shall, as soon as possible, hear evidence and render a
20                decision of the issue or issues submitted.            Except for the issue of
21                arbitrability, if the parties cannot agree upon a submission agreement, the
22                arbitrator shall determine the issues by referring to the written grievance, the
23                answers thereto at each step and this Agreement. The hearing shall be
24                conducted by the arbitrator according to the Voluntary Labor Arbitration
25                Rules of the American Arbitration Association.
26         3.3.3 The arbitrator’s decision will be in writing and will set forth the finding of fact,
27                reasoning, and conclusions on the issues submitted. The arbitrator will have
28                no power to add to, subtract from, or modify the terms of this Agreement.
29                The decision of the arbitrator shall be based solely upon this Agreement, the
30                evidence and the arguments presented by the respective parties in the
31                presence of each other. Issues arising out of the exercise by the Board and



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 1               administration of its responsibilities under Article 2 of this Agreement,
 2               including the facts underlying its exercise of such discretion, shall not be
 3               subject to this procedure. The arbitrator will be without power or authority to
 4               make any decision which requires the commission of an act prohibited by
 5               law or which is violative of the terms of this Agreement. The arbitrator is
 6               empowered to include in any award such financial reimbursement as judged
 7               to be proper, provided that no award for punitive damages may be
 8               retroactive beyond the filing date as set forth in Section 3.2.2 herein, except
 9               for payroll errors which occurred within the past twelve (12) months. The
10               decision of the arbitrator will be submitted to the Board and the Association
11               and will be final and binding upon the parties of this Agreement.
12         3.3.4 Except for the cost incurred by the parties in presenting and preparing their
13               case, all costs of the arbitration, including but not limited to the per diem,
14               travel and subsistence expenses of the arbitrator, and the hearing room, will
15               be borne by the party designated by the arbitrator as not prevailing. The
16               arbitrator shall specify as part of the award which party did not prevail and
17               specifically which party should pay the above-mentioned costs of arbitration.
18         3.3.5 If, in the course of processing a grievance, the District raises the question of
19               arbitrability at Level I or Level II, such issue will first be submitted to an
20               arbitrator selected according to Section 3.3.1 herein; and that no arbitration
21               on the other issues of a grievance will be submitted until a written decision is
22               rendered by an arbitrator on the question of arbitrability. Such challenge
23               may only be made once by the District in the processing of an individual
24               grievance or consolidated grievance. Unless mutually agreed otherwise, the
25               arbitrator who decided the issue of arbitrability will not later sit as the
26               arbitrator on the other issues of the grievance.        Any time limits of this
27               procedure will automatically be extended in order to carry out the intent of
28               this Section. Costs will be paid as in 3.3.4 of this Section.
29   3.4   MISCELLANEOUS PROVISIONS
30         3.4.1 No reprisals of any kind will be taken by the Association or the
31               representative(s) of the Board against any aggrieved person, any party in



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 1         interest, any member of the Association, or any other participant(s) in the
 2         grievance procedure by reason of such participation.
 3   3.4.2 A grievant(s) may be represented at any stage of the grievance procedures
 4         by himself/herself, or at his/her option, by a representative selected by the
 5         Association. If a grievant(s) is not represented by the Association or its
 6         representative, the Association shall have the right to be present and the
 7         opportunity to file a response to any proposed resolution at Levels I, II and III
 8         prior to the final resolution. The Association shall receive a copy of said
 9         grievance and the proposed resolution.
10   3.4.3 At any level of this procedure, if the District representative fails to respond
11         within the specified time limits, the grievant(s) may automatically appeal to
12         the next level; and if the grievant(s) fails to act within the specified time
13         limits, such grievance shall be excluded from arbitration and considered
14         settled according to the last response made by the District.          Decisions
15         rendered at Levels I, II and III of the grievance procedure will be in writing
16         setting forth the decision and the reasons therefore, and will be transmitted
17         promptly to all parties in interest and to the President of the Association.
18         Time limits for appeal provided in each level shall begin the day following
19         receipt of written decision by the parties in interest.
20   3.4.4 For purposes of efficiency and ease of processing, the Association may
21         consolidate grievances of more than one (1) grievant provided such
22         grievants agree and are named and qualified as individuals and provided
23         that the issues in dispute are the same.
24   3.4.5 In the event a grievance is filed at such time that it cannot be processed
25         through all the steps in this grievance procedure by the end of the school
26         year and if left unresolved until the beginning of the following school year
27         could result in harm to an aggrieved person(s), the time limits set forth
28         herein will be reduced by mutual agreement so that the procedure may be
29         exhausted prior to the end of the school year or as soon as is practicable.
30   3.4.6 All documents, communications and records developed during and relating
31         to the processing of a grievance will be filed in a separate grievance file and



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 1         will not be kept in the personnel file of any of the participants. The form
 2         necessary for the implementation of the grievance procedure is attached as
 3         Appendix A-1. The costs of preparing such forms shall be borne by the
 4         Board.
 5   3.4.7 When it is necessary for grievance representatives designated by the
 6         Association to participate in the processing of a grievance, including the
 7         informal level, during the day, the representatives will be granted release
 8         time without loss of pay in order to permit such participation by mutual
 9         agreement between the representative and his/her Immediate Supervisor or
10         designee not a member of the bargaining unit.         The District and the
11         Association shall attempt to schedule the grievance meetings and hearings
12         at times which do not conflict with those regular hours. Any unit member
13         who is necessary as a witness for either party will be accorded the same
14         right of release time as set forth herein. In cases where formal hearings
15         cannot be scheduled outside regular hours, release time will be arranged for
16         those parties in interest.
17   3.4.8 If a grievance arises from action or inaction on the part of a member of the
18         administration at a level above Level I, the processing of such grievance
19         may commence at the appropriate level.
20




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 1               ARTICLE 4 EMPLOYEE RIGHTS/BARGAINING UNIT RIGHTS
 2
 3   4.1   At formal scheduled meetings of unit members for the purpose of contract
 4         interpretation, an Association representative shall be invited.
 5   4.2   The Association shall have the right to make use of school buildings for meetings
 6         without charge upon execution of proper request forms in accordance with facilities
 7         use regulations, provided that meetings do not interfere with school use.
 8   4.3   The Association shall have the right to a listing of officers, addresses, and
 9         telephone numbers in any general directory printed by the District.
10   4.4   The Association shall have the right to use school bulletin boards and school mail
11         or messenger service for official communications subject to procedures established
12         by the Superintendent.
13   4.5   Duly authorized representatives of the Association shall have the right to transact
14         official business on school property at all reasonable times, provided that this shall
15         not interfere with or interrupt normal school operations. It is further provided no
16         Association views on matters relating to Management-Employee or Board-
17         Association relationships will be discussed in the presence of students by members
18         of the bargaining unit.
19   4.6   Upon request, the Board shall furnish the Association within fifteen (15) days the
20         placement of personnel on the respective schedules as of November 1.
21   4.7   Upon request, names, addresses, and available telephone numbers of all classified
22         employees as of November 1, shall be provided without cost within fifteen (15)
23         days to the Association.
24   4.8   The Association President or designee(s) shall be granted up to a maximum of 280
25         hours release time each school year for Association business; whether or not a
26         substitute is required is determined by the District.     Actual substitute costs are
27         incurred by the District. The attendance by the President or designee(s) at District
28         required committee meetings will not count against these hours. No more than two
29         (2) designees or the President and one (1) designee may be released at any given
30         time. With mutual agreement, the parties may agree to additional release time
31         and/or designees.



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 1   4.9    The District agrees the Association shall have the right to conduct orientation
 2          session(s) on this contract for bargaining unit members during one (1) professional
 3          growth day each year, date and time to be mutually agreed upon.
 4   4.10   Discrimination Prohibited.      No employee in the bargaining unit shall be
 5          discriminated against because of his/her political opinions or affiliations, or because
 6          of race, national origin, religion, or sexual orientation, to the extent prohibited by
 7          law. No person shall be illegally discriminated against because of age, sex, or
 8          physical handicap. The District shall not interfere with, intimidate, restrain, coerce,
 9          or discriminate against unit members because of the exercising of their rights to
10          engage in union activities.
11   4.11   CSEA Conference Release Time.           The Chapter President and each Chapter
12          delegate (per CSEA formula) to the CSEA Annual Conference shall have four (4)
13          days of release time in order to attend the conference, provided that each day of
14          release time for the President and each delegate would have been an assigned
15          workday. The Association shall notify the District twenty (20) days in advance of
16          the dates required for attendance and the names of the delegates who will be
17          attending.   Additional days required for CSEA Conference attendance shall be
18          provided from the employees’ available leave if required.
19   4.12   DISTRICT/SITE SHARED DECISION-MAKING COMMITTEES
20          CSEA shall have the right to representation on all District decision-making
21          committees that impact CSEA bargaining unit members. CSEA shall decide the
22          selection process for CSEA representatives on said committees.              Classified
23          representation on site decision-making committees shall be a CSEA member
24          elected by the bargaining unit members at that site. In the event a CSEA member
25          is not elected at the site, CSEA Chapter 389 President shall appoint a
26          representative from the bargaining unit.
27   4.13   The District shall print and provide without charge a copy of this contract to every
28          employee in the bargaining unit. Any employee who becomes a member of the
29          bargaining unit after the execution of this Agreement shall be provided with a copy
30          of this Agreement by the District without charge at the time of employment. Each
31          employee in the unit shall be provided by the District without charge with a copy of



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1   any written changes agreed to by the parties to this Agreement during the life of
2   this Agreement. The provisions of this Section will not apply if the District posts
3   and maintains a current copy of the Agreement and any amendments on a web
4   site.
5




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 1         ARTICLE 5 LAYOFF, REEMPLOYMENT, VOLUNTARY DEMOTION IN LIEU OF
 2         LAYOFF, VOLUNTARY REDUCTION IN HOURS IN LIEU OF LAYOFF, AND THE
 3                      IMPACTS AND EFFECTS OF SUCH MATTERS
 4
 5
 6   5.1     The term “layoff” shall be interpreted as an involuntary separation of an employee
 7           in the bargaining unit because of a lack of funds, lack of work, and/or reduced
 8           workload.      The term “classification” shall mean each position in the classified
 9           service shall have a designated title, a regular minimum number of assigned hours
10           per day, days per week, and months per year, a specific statement of the duties
11           required to be performed by the employees in each such position and the regular
12           monthly salary ranges for each such position.
13   5.2     Classified employees shall be subject to layoffs for lack of work or lack of funds.
14           Whenever a classified employee is laid off, the order of layoff within the
15           classification shall be by seniority determined by “date of hire.” The employee who
16           has been employed the shortest time in the classification, plus equal and higher
17           classifications, shall be laid off first. Reemployment shall be in the reverse order of
18           layoff.
19           5.2.1 Nothing contained in this Section shall preclude the granting of “date of hire”
20                     credit for time spent on military leave of absence, or unpaid illness leave, or
21                     unpaid industrial accident leave.
22           5.2.2 “Date of hire” shall not be interpreted to mean any service performed prior to
23                     entering into a probationary or permanent status in the classified service of
24                     the District except service in restricted positions as provided by law.
25   5.3     The District shall notify employees pursuant to the paragraphs in this Section.
26           Notices shall be specific as to the date of layoff, or the number of hours reduced
27           and shall be sent by certified mail to the last known address of each employee.
28           5.3.1 When, as a result of the expiration of a specially funded program, classified
29                     positions must be eliminated at the end of any school year and classified
30                     employees will be subject to layoff for lack of funds, the employees to be laid
31                     off at the end of such school year shall be given written notice on or before
32                     April 29 informing them of their layoff, effective at the end of such school
33                     year and of their displacement rights, if any, and reemployment rights.


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 1                However, if the termination date of any specially funded program is other
 2                than June 30, such notice shall be given not less than forty-five (45) days
 3                prior to the effective date of their layoff.
 4         5.3.2 When, as a result of a bona fide reduction or elimination of the service being
 5                performed by any department, classified employees shall be subject to layoff
 6                for lack of work, affected employees shall be given notice of layoff not less
 7                than forty-five (45) days prior to the effective date of layoff and informed of
 8                their displacement rights, if any, and reemployment rights.
 9         5.3.3 Nothing herein provided shall preclude a layoff for lack of funds in the event
10                of an actual and existing financial inability to pay salaries of classified
11                employees, nor layoff for lack of work resulting from causes not foreseeable
12                or preventable by the Board, without the notice required by Subsection 5.3.1
13                or 5.3.2 hereof.
14   5.4   A classified employee who is laid off from a classification and who has previous
15         service in an equal or lower classification, shall have the right to bump an
16         employee with less seniority in that classification. Seniority shall include the total of
17         the previous service in the equal or lower classification, plus service in the
18         classification from which the layoff occurs and higher classifications.
19   5.5   A classified employee who will suffer a layoff despite his/her bumping rights may
20         accept a voluntary demotion to a vacant position in a lower classification or transfer
21         to an equal classification, provided that the employee is qualified to perform the
22         duties thereof. Said employee shall be placed at the salary range of the lower
23         classification, and then to that step of the lower range that comes closest to the
24         employee’s hourly salary rate in the higher classification without being more than
25         the previous hourly salary rate.
26   5.6   No regular classified employee shall be laid off from any position while employees
27         are serving in a probationary, limited term, provisional, or temporary positions in the
28         same or lower classification unless the regular employee declines said position.
29   5.7   Laid off employees are eligible for reemployment in the classification from which
30         laid off for a period of thirty-nine (39) months and shall be reemployed in the




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 1          reverse order of layoff. Such reemployment shall take precedence over any type of
 2          employment.
 3   5.8    Employees who take voluntary demotions or voluntary reductions in assigned time
 4          in lieu of layoff or remain in their present positions rather than be reclassified or
 5          reassigned, shall be granted the same rights as persons laid off and shall retain
 6          eligibility to be considered for reemployment for an additional period of up to
 7          twenty-four (24) months, provided that the same tests of fitness under which they
 8          qualified for appointment to the classification shall still apply. Employees who take
 9          voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall
10          be, at the option of the employee, returned to a position in their former classification
11          or to positions with increased assigned time as vacancies become available, and
12          without limitation of time, but if there is a valid reemployment list, they shall be
13          ranked on that list in accordance with their proper seniority.
14   5.9    Any employee who is laid off and is subsequently eligible for reemployment shall
15          be notified of an opening by the District by certified mail. It is the employee’s
16          responsibility to ensure that the District has a current address. If an employee
17          cannot be contacted, he/she will be considered to have waived reemployment.
18   5.10   An employee shall notify the District of his/her intent to accept or refuse
19          reemployment within ten (10) days of receipt of said notice.            If an employee
20          accepts reemployment, he/she must return to work within thirty (30) days of receipt
21          of said notice. An employee given notice of reemployment need not accept the
22          reemployment to maintain eligibility on a reemployment list provided that he/she
23          notifies the District within ten (10) calendar days of receipt of the notice.
24   5.11   Employees shall be reemployed in the highest related classification available in
25          accordance with their length of service in the classification from which laid off, plus
26          equal and higher classifications. Employees who accept a position in a lower or
27          equal classification shall retain their original thirty-nine (39) month rights to the
28          original or higher classification.
29   5.12   If two (2) of more employees subject to layoff have equal classification seniority,
30          the layoff determination shall be make by lot.          For bargaining unit members
31          employed in the Campus Security classification at the time that classification was



                                                   13
 1          first established, seniority for purposes of layoff will be calculated based on the
 2          date when they were first in paid status in any non-classified position in the District,
 3          not including temporary, substitute, provisional, and limited-term positions.         For
 4          purposes of seniority, all other rules, included but not limited to rules regarding
 5          breaks in service, applicable to bargaining unit members generally will apply to the
 6          Campus Security classification.
 7   5.13   For voluntary and involuntary layoff of bargaining unit employees, District fringe
 8          benefit coverage for said employees will continue for two (2) months following the
 9          effective date of the layoff at the level of benefits prior to layoff.
10   5.14   Any involuntary transfers that may be necessary due to layoffs and/or reductions in
11          hours shall be made on the basis of seniority. The unit member with the least
12          seniority in the affected classification shall be transferred first in the case of
13          involuntary transfers due to layoffs/reductions.
14   5.15   For those classified employees laid off, all earned and unused vacation shall be
15          paid off on the next payroll warrant following the employee’s release date.
16   5.16   Prior to any layoff, an employee shall be entitled to use personal necessity leave
17          days and/or accrued but unused vacation days to seek other employment.
18   5.17   Any employee who is improperly laid off shall be reemployed immediately upon
19          discovery of the error and shall be reimbursed for all loss of salary and benefits.
20   5.18   Election of retirement reemployment rights. Any employee laid off for lack of work
21          or lack of funds and who elects service retirement from the Public Employees
22          Retirement System shall be placed on an appropriate reemployment list.                The
23          District shall notify the Board of Administration of the Public Employees Retirement
24          System of the fact that retirement was due to layoff or lack of work or funds. If the
25          employee is offered, and accepts in writing, an appropriate vacant position, the
26          District shall maintain the vacancy until the Board of Administration has properly
27          processed the employee’s request for reinstatement from retirement.
28   5.19   During the time a laid off employee remains of a reemployment list, that employee
29          shall have preferential opportunities to be employed in a substitute, limited-term, or
30          provisional assignment in the classification from which he/she was laid off.




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 1   5.20   The parties agree that the above provisions in this Article represent the full and
 2          complete Agreement between the parties concerning layoff, reemployment,
 3          and voluntary demotion in lieu of layoff, voluntary reduction in hours in lieu of layoff,
 4          and the impacts and effects of such matters. A written summary of actions taken
 5          as outlined in this Article is to be submitted in writing with copies to the Association
 6          and the District.   The District agrees to inform CSEA in the event that layoffs
 7          become necessary for lack of work or lack of funds. The Association hereby clearly
 8          and unequivocally waives its rights to meet and negotiate all these matters during
 9          the term of the current Contract between them.
10




                                                   15
 1                          ARTICLE 6 ORGANIZATION SECURITY
 2
 3   6.1   REQUIREMENTS
 4         6.1.1 All bargaining unit members shall become CSEA members or service fee
 5               payers.
 6         6.1.2 It is the mutual intention of the parties that the provisions of this Article
 7               protect the rights of individual employees without restricting CSEA’s right to
 8               require every bargaining unit employee to pay a fair share of the cost of
 9               collective bargaining activities.
10         6.1.3 All employees in the bargaining unit who do not maintain membership in
11               good standing in CSEA are required, as a condition of continued
12               employment, to pay service fees to CSEA, in amounts that do not exceed
13               the periodic dues of CSEA.
14         6.1.4 No employee shall be obligated to pay dues or service fees to CSEA until
15               the first of the month following thirty (30) calendar days after the employee
16               first comes into the bargaining unit.
17         6.1.5 Any employee who is a member of a religious body whose traditional tenets
18               or teachings include objections to joining or paying service fees to employee
19               organizations, as determined by the State organization, shall not be required
20               to join, maintain membership in, or pay service fees to CSEA as a condition
21               of employment. However, such employee shall be required, in lieu of a
22               service fee required by this Agreement, to pay sums equal to such service
23               fee to a non-religious, non-labor organization, charitable funds exempt from
24               taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code.
25         6.1.6 Any employee claiming this religious exemption shall, as a condition of
26               continued exemption from the requirement of paying service fees to CSEA,
27               furnish CSEA with copies of receipts from the charity selected as proof that
28               such payments have been made, or shall authorize payroll deduction of
29               such payments.
30         6.1.7 CSEA shall provide the District with Membership Packets to be given to
31               employees upon hire.



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 1   6.2   DUES AND SERVICE FEE DEDUCTIONS
 2         6.2.1 CSEA has the sole and exclusive right to have employee organization
 3               membership dues and service fees deducted by the employer for employees
 4               in the bargaining unit.
 5         6.2.2 The employer shall deduct, in accordance with the CSEA dues and service
 6               fee schedule, dues, service fees, or payments to charity in lieu of service
 7               fees, from the wages of all employees who are members of the bargaining
 8               unit and who have submitted payroll deduction authorization forms to the
 9               District, if applicable.   Such authorizations shall remain in effect until
10               expressly revoked in writing by the employee.
11         6.2.3 The employer shall, without charge, pay to CSEA within fifteen (15) days of
12               the deduction, all sums so deducted, except that the employer shall pay to
13               the designated charity sums deducted in lieu of service fees from the wages
14               of employees who qualify for the religious exemption pursuant to this
15               Agreement.
16         6.2.4 Along with each monthly payment to CSEA, the employer shall, without
17               charge, furnish CSEA with an alphabetical list of all employees in the
18               bargaining unit, identifying them by name, social security number (last four
19               (4) digits), months per year in paid status, and annual salary, and indicating
20               the amount deducted, if any, and whether such deduction is for dues,
21               service fees, or charitable contributions. At least once a month, the District
22               shall provide, without charge, the Association President a list of all new
23               bargaining unit members’ names, addresses, home telephone numbers,
24               classification, and site where working.
25         6.2.5 Nothing contained herein shall prohibit an employee from paying service
26               fees directly to CSEA.
27         6.2.6 The employer shall immediately notify the CSEA Chapter Treasurer if any
28               member of the bargaining unit revokes a dues, service fee, or payment in
29               lieu of service fee deduction authorization.
30         6.2.7 The employer shall deduct and pay to CSEA service fees for each
31               bargaining unit employee who is not a CSEA member in good standing and



                                                17
 1         who is obligated to pay such fees, pursuant to this Agreement, unless CSEA
 2         notifies the employer that the employee is paying such fees directly to
 3         CSEA. A payroll deduction authorization form shall not be required for such
 4         deductions.
 5   6.2.8 The Association shall indemnify and hold the District harmless from any
 6         claims, demands, or lawsuits arising out of or from the Agency Service fee
 7         provisions contained in this Agreement.
 8   6.2.9 Bargaining unit members with payroll authorizations on file who are on leave
 9         of absence shall have said authorization continue in effect upon return to
10         active duty.
11




                                         18
 1                                 ARTICLE 7 TRANSFER POLICIES
 2
 3   7.1   Transfer of an employee from one position to another position not involving a
 4         change in classification may be made by the Superintendent or designee when the
 5         need arises for the efficient operation of the District; however, the employee will be
 6         given at least a forty-eight (48) hour notice prior to the transfer and the reasons
 7         why such transfer was necessary. Said transfer shall not be made for arbitrary or
 8         capricious reasons.
 9   7.2   It is the responsibility of the employee to submit a transfer request to the Classified
10         Human Resources Department on forms provided for this purpose. Requests for
11         transfer shall be valid for one (1) year from the date filed.
12   7.3   The filing of a request for transfer is without prejudice to the employee and shall not
13         jeopardize the present assignment. A request for transfer may be withdrawn by the
14         employee, in writing, at any time prior to official notification of transfer approval.
15   7.4   Applications from permanent personnel who meet the qualifications required for the
16         position sought shall be given consideration and an opportunity for an interview
17         before applicants from outside the District.
18   7.5   The District shall give the employee official notification of the disposition of the
19         application to transfer and upon written request of the unit member, the appropriate
20         District Manager will meet and provide feedback to the employee.
21   7.6   All equally qualified applicants who submit a request for transfer to the same
22         position   shall   be    referred   for   consideration   to    the   appropriate   school
23         administrator/manager.
24   7.7   Permanent personnel who have been involuntarily transferred due to staff or facility
25         reduction shall reserve consideration in returning to the schools from which they
26         were transferred as openings occur.
27   7.8   Medical Transfers. When possible, the District may transfer an employee who has
28         become medically unable to perform his/her regular job classification duties to
29         alternative work. Alternative work may constitute promotion, demotion, or lateral
30         transfer to a related classification. Such medical transfer shall only be implemented
31         by mutual consent of employee and District and the notification to the Association.
32

                                                     19
 1                               ARTICLE 8 LEAVE POLICIES
 2
 3   8.1   SICK LEAVE
 4         Unit members may utilize sick leave to attend to an illness of the employee, of a
 5         child, parent, or spouse of the employee.
 6         8.1.1 “Sick leave” means accrued increments of compensated leave provided by
 7               an employer to an employee as a benefit of the employment for use by the
 8               employee during an absence from the employment for any of the following
 9               reasons:
10               (A) The employee is physically or mentally unable to perform his or her
11                    duties due to illness, injury, or a medical condition of the employee.
12               (B) The absence is for the purpose of obtaining professional diagnosis or
13                    treatment for a medical condition of the employee.
14               (C) The absence is for other medical reasons of the employee, such as
15                    pregnancy or obtaining a physical examination.
16               (D) To attend to an illness of a child, parent, or spouse of an employee.
17         8.1.2 All classified employees who are employed on a ten (10) month basis will be
18               credited with ten (10) days sick leave per school year; those on eleven (11)
19               months with eleven (11) days, and those on twelve (12) months with twelve
20               (12) days. For purposes of proration, new employees whose first day in paid
21               status is prior to the 16th of the month will be granted a full sick day for that
22               month. New employees hired after the 15 th of the month do not receive sick
23               leave for that month. No more than six (6) days leave may be taken by a
24               new employee until six (6) months have elapsed.
25         8.1.3 Part-time employees, or those paid by the hour, will earn and be charged
26               sick leave as follows: For each full month worked (this will include
27               September and June for those working five (5) or more school months), the
28               assigned number of hours worked per day will accrue as sick leave hours.
29               Employees who work one-hundred eighty (180) days or less in a school year
30               will earn one (1) equivalent day for every eighteen (18) days in paid status.




                                                 20
 1         8.1.4 Sick leave pay will be made on the basis of the assigned number of hours
 2               per day.
 3         8.1.5 Extended Illness and Injury Benefits.          Each unit member shall, at the
                                                           st
 4               beginning of each fiscal year (July 1 ), be credited with a total of one
 5               hundred (100) workdays of sick leave in addition to sick leave provided for in
 6               this Agreement. Each day of sick leave provided by this Section shall be
 7               compensated at the rate of fifty percent (50%) of the unit member’s regular
 8               salary, and shall be available after all other sick leave entitlement has been
 9               exhausted, excluding sick leave donations. Sick leave donations are paid
10               concurrently with the one hundred (100) workdays at fifty percent (50%).
11               This sick leave is not cumulative from year to year. Unit members may use
12               vacation hours in conjunction with extended illness leave.
13         8.1.6 Employees who must be absent from work are required to notify the central
14               answering service or designated individual in advance of the absence so
15               that arrangements can be made for substitutes where necessary.
16         8.1.7 In case of a poor attendance record or questionable absences, classified
17               personnel absent from duty on sick leave may be required by the Assistant
18               Superintendent of Human Resources or designated Management Team
19               member to present proof of illness after an absence to qualify for pay during
20               the absence.
21         8.1.8 Unused sick leave allowances shall be cumulative from year to year.
22         8.1.9 Classified employees who have more than one (1) year of service with a
23               school district shall transfer unused sick leave to another school district if the
24               break in service was no longer than one (1) year.
25   8.2   LEAVE OF ABSENCE
26         8.2.1 Leave of absence without pay for up to thirty (30) working days duration for
27               valid reasons may be granted by the Superintendent upon recommendation
28               of the Immediate Supervisor or designee not a part of the certificated nor
29               this bargaining unit. Such leave will not involve loss of position, privileges,
30               or benefits.   If the request is denied by the Immediate Supervisor, the




                                                 21
 1                employee     can   appeal    to        the   next   level   Supervisor   with   the
 2                department/division. The decision at that level will be final.
 3         8.2.2 Leave of absence without pay and benefits for more than thirty (30) working
 4                days but not to exceed one (1) calendar year for valid reasons may be
 5                granted by the Superintendent upon the recommendation of the Immediate
 6                Supervisor and with concurrence of the Director of Classified Human
 7                Resources. Upon return from unpaid leave, the unit member shall be placed
 8                either in his/her former position, a position in the same classification, or in a
 9                related position with the same salary range. If the unit member objects to
10                the placement, he/she may request reassignment through the Transfer
11                Article.
12         8.2.3 The granting of leaves of absence is at the sole discretion of the District and
13                is expressly excluded from the provisions of Article 3, GRIEVANCE
14                PROOCEDURES.
15         8.2.4 A regular classified employee returning to duty from extended leave of
16                absence, not to exceed one (1) year, will be reinstated at the same salary
17                schedule step, but with a new anniversary date, and shall automatically be
18                entitled to all accumulated sick leave and shall not lose credit toward the
19                longevity in service required to qualify for additional vacation privilege, but
20                shall not be granted any accumulation of either sick leave or vacation for
21                that period of absence.
22   8.3   INDUSTRIAL ACCIDENT/ILLNESS LEAVE
23         An employee shall be granted a leave of absence with pay and benefits when
24         he/she is absent due to an industrial accident or illness in accordance with the
25         following regulations:
26         8.3.1 The accident or illness must have arisen out of or in the course of
27                employment of the employee and must be accepted as such by the Workers’
28                Compensation Agency. Such leaves shall be for a maximum of sixty (60)
29                working days per accident in any fiscal year. In the event that those sixty
30                (60) days will overlap into the next fiscal year, the employee shall be entitled
31                to the amount of the unused leave due him/her for the same injury or illness.



                                                    22
 1         Provisions of this Section may be used once for the same accident or illness
 2         in any one fiscal year.
 3   8.3.2 Allowable leave shall commence on the first day of absence and shall be
 4         reduced by one (1) hour for each hour of accumulated authorized absence.
 5         Such leaves shall not be cumulative from year to year.
 6   8.3.3 Salary received from the District during such leaves plus wage loss benefit
 7         checks received under Workers’ Compensation laws may not exceed the
 8         employee’s regular salary. Therefore, all benefit checks received by the
 9         employee under Workers’ Compensation shall be endorsed to the District
10         and the District shall pay the employee his/her normal salary during the
11         period of leave.
12   8.3.4 An employee receiving industrial accident/illness leave shall remain within
13         the state of California unless approval is given by the District.
14   8.3.5 The Board may require that the fact of job relatedness of the illness or injury
15         be established by the Workers’ Compensation Appeals Board. The Board
16         may require the employee to submit to a physical examination by a
17         physician selected by the Board at any time during the leave, at District
18         expense.
19   8.3.6 The employee shall be required to present to the District, before returning to
20         work, a statement indicating the attending physician’s approval for return to
21         work.
22   8.3.7 The industrial accident or illness leave of absence is to be used in lieu of
23         entitlement acquired under Education Code Section 45191.                When
24         entitlement to industrial accident or illness leave has been exhausted,
25         entitlement to other sick leave will then be used; but if any employee is
26         receiving Workers’ Compensation, the person shall be entitled to use so
27         much of the person’s accumulated compensatory time, vacation, extended
28         illness leave, or other available leave which, when added to the Workers’
29         Compensation award, provide a full day’s wage or salary.
30   8.3.8 When all paid leaves of absence have been exhausted by a classified
31         employee as a result of industrial accident/illness, and if the employee is not



                                           23
 1               medically able and released to assume the duties of the employee’s
 2               position, the employee shall be placed on a leave of absence without pay.
 3               Such leave is normally granted for a maximum of one (1) year only, but may
 4               be extended by the District for a maximum of one (1) additional year. When
 5               all available leaves of absence, paid or unpaid, have been exhausted and if
 6               the employee is not medically able and released to assume the duties of the
 7               employee’s position, the employee shall, if not placed in another position, be
 8               placed on a reemployment list for a period of thirty-nine (39) months. When
 9               available and medically able and released to assume the duties of the
10               employee’s position during the thirty-nine (39) month period, the employee
11               shall be employed in a vacant position in the classification of the employee’s
12               previous assignment over all other available candidates, except those
13               employees laid off under Article 5 of this contract. If an employee who was
14               classified as a permanent employee is rehired within thirty-nine (39) months
15               after his/her last day of paid service, the Board shall restore to him/her all
16               rights, benefits and burdens of a permanent employee, as provided by law.
17               An employee, including but not limited to an employee who has been placed
18               on a reemployment list as provided herein, who has been medically released
19               for return to duty and who fails to accept an appropriate assignment, shall be
20               dismissed unless the employee retires (if eligible) or resigns.
21   8.4   BEREAVEMENT LEAVE
22         Full pay and benefits will be granted an employee for the first five (5) days he/she
23         is absent on account of the death of the mother, father, husband, wife, son,
24         daughter, brother, brother-in-law, sister, sister-in-law, parent-in-law, son-in-law,
25         daughter-in-law, grandmother, grandfather, grandchild, or any relative living in the
26         immediate household of the employee. In the event more time is required for travel
27         of two hundred (200) miles or more one way, an additional two (2) days shall be
28         granted.
29   8.5   PREGNANCY DISABILITY LEAVE
30         Employees are entitled to use sick leave for disabilities caused or contributed to by
31         pregnancy, miscarriage, childbirth and recovery therefrom on the same terms and



                                                24
 1         conditions governing leaves of absence from other illness or medical disability.
 2         The length of such disability leave, including the date on which the leave shall
 3         commence and the date on which the duties are to be resumed, shall be
 4         determined by the employee and employee’s physician. The District may require a
 5         verification of the extent of the disability from the employee’s physician.
 6         Employees are entitled to leave without pay or other benefits for disabilities
 7         because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick
 8         leave has been exhausted. The District may require a verification of the extent of
 9         disability from the employee’s physician. The employee on leave for pregnancy
10         disability shall be entitled to return to the position held at the time the leave
11         commenced.
12   8.6   CHILD REARING LEAVE
13         Up to one (1) calendar year of unpaid leave may be granted to a male or female
14         employee who is a natural or adopting parent for the purpose of rearing his/her
15         child.   Arrangement for such leave must be made as soon as possible.               The
16         employee on child rearing leave shall be entitled to return to a position comparable
17         to that held at the time the leave commenced.
18   8.7   MILITARY LEAVE
19         8.7.1 Any employee who enters the active military service of the United States or
20                  the state of California, or such auxiliary services as the Merchant Marine or
21                  the American Red Cross, will be granted leave during the period of war or
22                  national emergency, and will receive regular salary for the first thirty (30)
23                  calendar days of such leave. The employee may return to a position within
24                  six (6) months after honorably leaving the service or being placed on
25                  inactive duty.
26         8.7.2 Members of the Armed Forces Reserve Corps or of the National Guard or
27                  Naval Militia are entitled to a temporary military leave, not to exceed one-
28                  hundred eighty (180) days, and will receive their regular salaries for the first
29                  thirty (30) calendar days of such leave. The employee shall make every
30                  effort to schedule the training duty at a time which will not conflict with
31                  regular school duties.    If duty is required during the school year, the



                                                   25
 1               employee is to notify the Human Resources Department five (5) days in
 2               advance of the assigned duty.
 3   8.8   PERSONAL NECESSITY LEAVE
 4         8.8.1 Any days of leave of absence for illness or injury allowed for sick leave may
 5               be used by the employee in cases of personal necessity.              Personal
 6               necessity leave shall be limited to:
 7               (1)    Death or serious illness of a member of the immediate family.
 8               (2)    Accident involving his/her person or property or the person or
 9                      property of a member of his/her immediate family.
10               (3)    Appearance in any court or before any administrative tribunal as a
11                      litigant, party, or witness under subpoena or any order made with
12                      jurisdiction.
13         8.8.2 The employee must submit to the Immediate Supervisor a completed
14               Personal Leave Request form within five (5) working days after returning
15               from leave.     One (1) copy of the request form, with the Immediate
16               Supervisor’s recommendation and comments, will be returned to the
17               employee.     One (1) copy will be forwarded to the District Office by the
18               Immediate Supervisor.
19         8.8.3 This provision is intended to comply with the requirements of Education
20               Code Section 45207 (personal necessity).
21   8.9   PERSONAL EMERGENCY LEAVE
22         8.9.1 A maximum of six (6) days accumulated sick leave may be used in any fiscal
23               year, upon prior notification, for personal emergency leave.         Personal
24               emergency leave shall be limited to: Circumstances that are serious in
25               nature and that the employee cannot reasonably be expected to disregard,
26               and that necessitate immediate attention, and cannot be taken care of after
27               work hours or on weekends. Personal emergency leave shall not be used
28               for such matters as vacation, recreational activities, or any matter pertaining
29               to an employee’s personal business involving an auxiliary income.
30         8.9.2 A maximum of six (6) days of accumulated leave may be used in any school
31               year for personal emergency leave. In the absence of an immediate



                                                 26
 1                emergency, the employee shall submit a completed Personal Leave
 2                Request form in triplicate to the Immediate Supervisor normally within three
 3                (3) working days prior to requesting the leave. If an immediate emergency
 4                prevents the filing of the Personal Leave Request form in advance, the form
 5                shall be filed within three (3) working days after return from the utilization of
 6                personal emergency leave. The Immediate Supervisor will verify the request
 7                for emergency leave before forwarding it to the District Office. One (1) copy
 8                will be retained by the Immediate Supervisor. One (1) copy of the request
 9                form, with the Immediate Supervisor’s recommendation and comments, will
10                be returned to the employee.
11          8.9.3 LEAVE
12                Bargaining unit members shall be allowed to utilize three (3) days of
13                personal emergency leave for personal days. This shall not require prior
14                explanation, but shall require a five (5) day prior notification of utilization of
15                this leave. The reason for the leave need not be given and the only reason
16                for refusal shall be lack of a substitute.
17   8.10   JUDICIAL LEAVE
18          8.10.1 Any employee of the classified service who is required to render jury duty
19                shall be granted temporary leave of absence for the duration of the duty plus
20                travel time as ordered by the court. Such leave shall be with pay up to the
21                amount of the difference between the employee’s regular earnings and any
22                amount he/she receives as juror’s fees.
23          8.10.2 If an employee is excused from jury service for all or part of a day, he/she
24                shall promptly notify his/her Immediate Supervisor, who will advise the
25                employee whether or not to report to work. Normally, the employee should
26                not be instructed to report for work unless he/she can reasonably be
27                expected to get back to work in time to perform at least three (3) hours of
28                work.
29          8.10.3 For payroll computation purposes, a night employee required to report for
30                work after being excused from jury service shall be considered a day shift




                                                   27
 1                 employee, that is, an employee eligible for jury pay who performs work on
 2                 the night shift will receive time and one-half (1 ½) for such work.
 3          8.10.4 When an employee is required to appear in court on behalf of this District,
 4                 no loss of salary shall be incurred. When an employee is required to appear
 5                 as a witness in court or to respond to a subpoena or an official order from
 6                 another governmental jurisdiction for reasons not brought about through the
 7                 connivance or misconduct of the employee, a leave without loss of salary
 8                 shall be granted up to the amount of difference between the employee’s
 9                 regular earnings and any amount he/she may receive as a fee up to ten (10)
10                 work days.
11          8.10.5 Bargaining unit members serving jury duty during their breaks or electing to
12                 postpone jury duty to a scheduled break will be compensated at fifty percent
13                 (50%) of their regular rate of pay for each day the individual reports to court.
14                 The employee must submit the court time sheet to the District to be
15                 reimbursed for his/her time for jury duty. Employees serving jury duty during
16                 non-work days will receive fifty percent (50%) of their regular rate of pay for
17                 each day of non-work time served. The daily compensation remitted by the
18                 court will be given to the District.
19   8.11   DONATION OF SICK LEAVE
20          8.11.1 Definition.
21                 When any illness, surgery or injury incapacitates a unit member or a
22                 member of the unit member’s immediate family, and is expected to continue
23                 for an extended period of time, the unit member may ask for a donation of
24                 sick leave.
25          8.11.2 Employee Eligibility.
26                 8.11.2.1       The employee must be a permanent employee of the District.
27                 8.11.2.2       The employee must complete an application for solicitation of
28                                sick leave. Applications shall be obtained from the Classified
29                                Human Resources Department. Completed applications are to
30                                be returned to the Classified Human Resources Department.




                                                    28
 1         8.11.2.3    The employee must provide a physician’s statement, which
 2                     includes the nature of the illness, surgery, or injury of the
 3                     employee or family member and the probable length of
 4                     absence from work.
 5         8.11.2.4    If an employee is unable to complete the application, the
 6                     employee’s agent or member of the employee’s family shall
 7                     complete    the   application   and   provide    the   appropriate
 8                     physician’s statement.
 9         8.11.2.5    In order to be eligible to receive a donation of sick leave
10                     through these provisions, the employee’s fully paid sick and
11                     vacation leave must be exhausted.
12         8.11.2.6    Any recipient of donated sick leave shall be required to
13                     exhaust accruing vacation and sick leave as credited to
14                     him/her during the sick leave donation period.
15         8.11.2.7    The provisions of this Section shall not be utilized to extend an
16                     employee’s industrial accident and illness leave benefits.
17   8.11.3 Donations by Unit Members.
18         8.11.3.1    No employee shall be allowed to donate sick leave to the
19                     extent that his/her accrued sick leave is reduced to less than
20                     twenty (20) days multiplied by his/her number of hours worked
21                     per day.
22         8.11.3.2    For purposes of this Section, sick leave donations shall be
23                     made in terms of hours and shall be utilized by the recipient in
24                     terms of hours.
25         8.11.3.3    Donations shall be credited to the recipient in the order
26                     received.
27         8.11.3.4    Donated sick leave not used by the recipient shall be returned
28                     to the individual donors. Donors shall receive notification of
29                     unused donated sick leave that is returned.
30         8.11.3.5    Administrative and certificated staff may receive and/or donate
31                     sick leave to a unit member.



                                         29
 1   8.11.4 Implementation of Donated Sick Leave.
 2         8.11.4.1     For purposes of this Section, sick leave donations shall be paid
 3                      to the recipient at the recipient’s hourly rate of pay, regardless
 4                      of the donor’s hourly rate of pay.
 5         8.11.4.2     For purposes of this Section, donated sick leave used by the
 6                      recipient shall be used concurrently with the one hundred (100)
 7                      days of sick leave provided in 8.1.5 of this Article. Donated
 8                      sick leave hours shall be used to cover the remaining hours
 9                      needed to equal a full day’s salary.
10         8.11.4.3     When a recipient under these procedures becomes eligible for
11                      the mandated long-term disability program, the unit member
12                      shall apply for such benefit.
13         8.11.4.4     When a recipient under these procedures becomes eligible for
14                      a disability under CalPERS and/or Social Security, the District
15                      shall apply for a disability retirement for the unit member as per
16                      Government Code 21153.
17         8.11.4.5     Receipt of mandated long-term disability payments, CalPERS
18                      disability or Social Security disability shall remove the
19                      employee from eligibility to the Donation of Sick program.
20   8.11.5 Donation of Sick Leave Procedures.
21         8.11.5.1     The District and the Association will make a good faith effort to
22                      maintain confidentiality regarding donations and use of sick
23                      leave at the written request of the employee requesting sick
24                      leave donations. However, there will be no liability or recourse
25                      if confidentiality is not maintained.
26         8.11.5.2     All completed forms and physician statements shall be
27                      returned to the Classified Human Resources Department.
28         8.11.5.3     The Director of Classified Human Resources or designee shall
29                      notify the CSEA Chapter President when requests for
30                      solicitations of sick leave donations are received.




                                          30
 1                 8.11.5.4      The CSEA Chapter President or designee shall notify the
 2                               requesting employee and the Payroll Department that the sick
 3                               leave donation request form has been received.
 4                 8.11.5.5      The CSEA Chapter President or designee shall provide the
 5                               Site Representative or CSEA designee at the site of the
 6                               requesting employee, with sufficient fliers soliciting sick leave
 7                               donations to be distributed to all employees. With the written
 8                               permission of the requesting employee, the CSEA Chapter
 9                               President or designee shall send notice to all other District
10                               sites soliciting sick leave donations for the requesting
11                               employee.
12                 8.11.5.6      The District shall keep confidential the names of donating
13                               employees unless written permission is received by the
14                               donating employee to reveal his/her name.
15   8.12   FAMILY CARE AND MEDICAL LEAVE
16          8.12.1 It is the intent of this provision to be consistent with the federal Family
17                 Medical Leave Act of 1993 (29 U.S.C. § 2601 et seq.) and the California
18                 Family Rights Act of 1991, as amended October 5, 1993 (Calif. Government
19                 Code § 12945.2). It shall be interpreted so that there will be no violation of
20                 state or federal law.
21          8.12.2 Full-time classified employees with more than twelve (12) months of
22                 continuous service with the District shall be granted an unpaid family care
23                 and medical leave for up to a total of twelve (12) work weeks in a school
24                 year (July 1 through June 30) pursuant to the requirements of this provision.
25                 Part-time classified employees who have completed at least 1,250 hours of
26                 service in the twelve (12) months preceding the leave shall be entitled to the
27                 same benefit. For purposes of this provision, the term “family care and
28                 medical leave” means either: (a) leave for reason of the birth of a child of the
29                 employee, the placement of a child with an employee in connection with the
30                 adoption of the child or foster care of the child by the employee, within one
31                 (1) year of such birth or placement; (b) leave to care for the employee’s



                                                   31
 1         spouse, child or parent with a serious health condition; or (c) leave because
 2         of a serious health condition of the employee that makes the employee
 3         unable to perform the functions of his or her position, except for leave taken
 4         for disability on account of pregnancy, childbirth or related medical
 5         conditions.
 6   8.12.3 For purposes of this provision, the term “child” means a biological, adopted,
 7         or foster child, a step-child, a legal ward, or a child of an employee standing
 8         in loco parentis who is either: (a) under eighteen (18) years of age, or (b)
 9         incapable of self-care because of a mental or physical disability. For
10         purposes of this provision, the term “parent” means biological, foster, or
11         adoptive parent, a step-parent or a legal guardian, or other person who
12         stood in loco parentis to the employee when the employee was a child. For
13         purposes of this provision, the term “serious health condition” means an
14         illness, injury, impairment, or physical or mental condition which involves
15         either of the following:
16         (1)    Inpatient care in a hospital, hospice, or residential health care facility;
17                or
18         (2)    Continuing treatment or continuing supervision by a health care
19                provider. For purposes of this provision, the term “health care
20                provider” means an individual holding either a physician’s and
21                surgeon’s certificate issued pursuant to applicable law, or an
22                osteopathic physician’s and surgeon’s certificate issued pursuant to
23                applicable law, or an individual who has been determined by the
24                United States Secretary of Labor to be capable of providing health
25                care services under the Family and Medical Leave Act of 1993.
26   8.12.4 An unpaid family care leave shall be treated as any other unpaid leave.
27         During the unpaid family care leave an employee shall retain employee
28         status with the District, and such leave shall not constitute a break in
29         service. An employee returning from an unpaid family care leave shall have
30         no less seniority than when the leave commenced.




                                           32
 1   8.12.5 If the employee learns of facts necessitating a family care and medical leave
 2         more than thirty (30) calendar days prior to the time the leave is needed, the
 3         employee shall provide written notice to the District immediately. A minimum
 4         of thirty (30) calendar days written notice is required.
 5   8.12.6 If the employee learns of facts necessitating the family and medical care
 6         leave less than thirty (30) calendar days prior to the time the leave is
 7         needed, the employee shall provide written notice to the District as soon as
 8         possible. The employee is required to provide the District with written notice
 9         within five (5) working days of learning of the need for the leave.
10   8.12.7 If the employee’s need for the leave is foreseeable due to a planned medical
11         treatment or planned supervision of the employee, or that of a child, parent,
12         or spouse with a serious health condition, the employee shall consult with
13         the District regarding the scheduling of the treatment or supervision so as to
14         prevent undue disruption to the operations of the District. Any scheduling of
15         treatment or supervision shall be subject to the approval of the health care
16         provider of the individual with the serious health condition. In any event,
17         thirty (30) calendar days written notice is required.
18   8.12.8 The District requires that an employee’s request for a family care and
19         medical leave be supported by a written certification issued by the health
20         care provider of the individual family member requiring care.
21         8.12.8.1      If the employee is requesting the leave to care for a child,
22                       parent, or spouse with a serious health condition, the
23                       certification shall include:
24                       (1)    The date on which the serious health condition
25                              commenced;
26                       (2)    The probable duration of the condition;
27                       (3)    An estimate of the time that the health care provider
28                              believes the employee needs to care for the individual
29                              requiring the care;




                                           33
 1                        (4)    A statement that the serious health condition warrants
 2                               the participation of the employee to provide care for the
 3                               employee’s child, parent, or spouse.
 4         8.12.8.2       If the employee is requesting the leave for his or her own
 5                        serious medical condition, the certification shall include:
 6                        (1)    The date on which the serious health condition
 7                               commenced;
 8                        (2)    The probable duration of the condition;
 9                        (3)    A statement that, due to the serious health condition,
10                               the employee is unable to perform the function of his or
11                               her position.
12         8.12.8.3       If additional leave is requested beyond the period stated in the
13                        certification, the District may require the employee to obtain
14                        recertification in accordance with the procedures set forth
15                        above.
16   8.12.9 In any case in which the District has reason to doubt the validity of the
17           certification provided for the employee’s own serious health condition, the
18           District may require, at the District’s expense, that the employee obtain the
19           opinion of a second health care provider, designated or approved by the
20           District, concerning any information certified under Section 8.12.8.2.
21   8.12.10 In any case in which the second opinion described in Section 8.12.9 differs
22           from the opinion in the original certification, the District may require, at the
23           District’s expense, that the employee obtain the opinion of a third health
24           care provider designated or approved jointly by the District and the
25           employee. The opinion of the third health care provider shall be
26           considered to be final and shall be binding on the District and the
27           employee.
28   8.12.11 As a condition of an employee’s return from leave taken because of the
29           employee’s own serious health condition, the employee shall obtain
30           certification from his or her health care provider that the employee is able
31           to resume work.



                                            34
 1   8.12.12 An eligible employee may elect, or the District may require the employee to
 2           substitute accrued paid leave, such as sick leave, differential pay sick
 3           leave, or any other paid leave, for any part of the twelve (12) work week
 4           period.
 5   8.12.13 Family care and medical leave taken because of the serious health
 6           condition of the employee of the employee’s spouse, child or parent may
 7           be taken intermittently or on a reduced schedule leave when medically
 8           necessary. Intermittent or reduced schedule leave shall not result in a
 9           reduction of the total amount of family care and medical leave to which the
10           employee is entitled pursuant to state and federal law. Leave taken
11           because of the birth of a child or placement of a child with the employee
12          shall not be taken intermittently or on a reduced schedule leave unless
13          expressly agreed to by the District and the employee.
14   8.12.14 If an employee requests intermittent leave, or a reduced schedule leave,
15           the District may require the employee to transfer temporarily to an available
16           alternative position. The alternative position must be one which the
17           employee is qualified for, which has equivalent pay and benefits, and better
18           accommodates the recurring periods of leave than the employee’s regular
19           position.
20   8.12.15 During any period an employee takes unpaid family care and medical
21           leave, the District shall maintain and pay for coverage for current health
22           and welfare benefits for a maximum of twelve (12) work weeks. The
23           District may recover the premium that it paid as required by this provision
24           for maintaining coverage for the employee under the group health plan if
25           both of the following conditions occur:
26           8.12.15.1   The employee fails to return from leave after the period of
27                       leave to which the employee is entitled has expired.
28           8.12.15.2   The employee’s failure to return from leave is for a reason
29                       other than the continuation, recurrence, or onset of a serious
30                       health condition that entitles the employee to family care and
31                       medical leave or other circumstances beyond the control of the



                                           35
 1            employee.
 2   8.12.16 If both parents are employed by the District, the District shall not be
 3           required to grant leave in connection with the birth, adoption, or foster care
 4           of a child that would allow the parents family care and medical leave
 5           totaling more than twelve (12) work weeks within a school year.
 6   8.12.17 Leave taken under the pregnancy disability provision set forth at Section
 7           8.5 runs concurrently with family care and medical leave under federal law,
 8           but not family and medical leave under California law. Consequently, an
 9           eligible employee may take a pregnancy disability leave of up to four (4)
10           months and a family care and medical leave of up to twelve (12) work
11           weeks, for a combination of four (4) months plus twelve (12) weeks
12           (approximately seven (7) months).
13   8.12.18 Leave taken under the industrial accident or illness disability runs
14           concurrently with family care and medical leave under both federal and
15           state law. An eligible employee may take a combined industrial accident or
16           illness and family care and medical leave for a maximum total of twelve
17           (12) work weeks in a school year.
18




                                           36
 1                                  ARTICLE 9 VACATIONS
 2
 3   9.1   All employees in the bargaining unit are provided paid vacations. Employees shall
 4         not be permitted to take vacation days during their probationary period (six (6)
 5         months).
 6   9.2   Employees shall receive a monthly rate of vacation, according to years of service,
 7         for each month they are in a paid status for more than one-half of the working days
 8         of the month.      The employee’s anniversary date shall be the basis for the
 9         computation of earned vacation for longevity in service.         For computational
10         purposes, 10.5 month employees will be treated as 11 month employees. Not
11         withstanding the above, employees who work one hundred eighty (180) days or
12         less in a school year will earn one (1) equivalent vacation leave day (in accordance
13         with 9.3 below) every eighteen (18) days in paid status.
14   9.3   Vacations are earned as follows:
15         1st through 5th year       1 day per month
16         6th through 8th year       1 ½ days per moth
17         9 years or more            1 ¾ days per month
18   9.4   Vacation shall be prorated for part-time employees according to the employee’s
19         regular workday.
20   9.5   Five (5) days of vacation are cumulative. Employees who have worked in the
21         District for at least five (5) continuous years may request to carry over to the next
22         fiscal year an additional five (5) days of earned and unused vacation (for a total of
23         ten (10) carryover), one (1) time every five (5) years. Employees who wish to carry
24         over vacation days per the above language must submit a request to payroll in
25         writing thirty (30) days prior to the end of the fiscal year. Employees who do not
26         request carryover as described above will be paid for current year unused
27         vacations days at the end of each fiscal year. Current year vacation days will be
28         used prior to the use of accumulated vacation days. Monitoring of accumulated
29         vacation and utilization of same shall be handled department by department. All
30         vacations must be taken at times which meet with the approval of one’s Immediate
31         Supervisor.



                                                37
 1   9.6   An employee terminating for any reason after six (6) months of service shall be
 2         paid for any unused vacation earned. The termination date will be the employee’s
 3         last day of service, and any unused vacation to be paid will be computed to that
 4         date.
 5   9.7   An employee may be permitted to interrupt or terminate vacation leave in order to
 6         begin another type of paid leave provided by this Agreement without a return to
 7         active service provided the employee supplies adequate notice and written relevant
 8         supporting information regarding the basis for such interruption or termination and
 9         provided the request is approved by the Superintendent or designee.
10   9.8   Vacation leave for the fiscal year shall be applied each July 1 st for all employees
11         with at least one (1) year of service with the District.
12   9.9   Should an employee leave their employment with the District after utilizing
13         unearned vacation leave, such unearned vacation leave shall be deducted from
14         their final paycheck with the District.
15




                                                     38
 1                                  ARTICLE 10 DUTY HOURS
 2
 3   10.1   LENGTH OF WORKDAY
 4          The workday for a full-time employee shall not be less than eight (8) hours of paid
 5          service per day.     Each employee shall be assigned a fixed, regular and
 6          ascertainable minimum number of hours. The hours of service shall be structured
 7          and directed by the Immediate Supervisor or designee. Any unit member for whom
 8          the starting and/or ending time of the assignment is changed may discuss the
 9          change with his/her Immediate Supervisor, including the reasons for the change,
10          the personal needs of the unit member which may be impacted by the change, and
11          options to the change. The unit member may appeal the Supervisor’s decision to
12          the District-designated administrator, whose decision will be final.        The unit
13          member will receive at least five (5) working days’ notice of the change.
14   10.2   LENGTH OF WORKWEEK
15          10.2.1       Regular Workweek. For employees working a regular workweek of
16                       four (4) hours or more per day, the regular workweek of four (4) or
17                       more hours per day during the workweek shall be five (5) consecutive
18                       workdays. Hours worked on the sixth or seventh day following the
19                       commencement of the workweek shall be paid at the regular overtime
20                       rate below.
21          10.2.2       Less Than Four (4) Hour Workweek. For employees working a
22                       regular workweek of less than four (4) hours per day, the workweek
23                       for employees working an average workday of less than four (4)
24                       hours per day during the workweek shall be at least three (3) days
25                       within the Monday though Friday workweek. Hours worked
26                       commencing on the seventh day following the beginning of the
27                       workweek shall be paid at the regular overtime rate below.
28          10.2.3       Alternative Workweek. Alternative workweek shall include, but not be
29                       limited to the ten (10) hours, four (4) consecutive day workweek.
30                       Participation in these programs must be mutually agreed upon by the
31                       employees and the District. Alternative workweeks will be scheduled



                                                  39
 1                        during specified times of the year as determined by the District.
 2                        Hours worked in excess of the established workweek under this
 3                        Section shall be compensated at the overtime rate.
 4   10.3   UPWARD ADJUSTMENT OF HOURS
 5          Any employee who works an average of thirty (30) minutes or more per day in
 6          excess of his/her regular assignment for a period of twenty (20) consecutive
 7          working days or more shall have his/her regular assignment adjusted upward to
 8          reflect the longer hours, effective with the next pay period.
 9   10.4   LUNCH PERIOD ALLOWANCE
10          All employees shall be entitled to an uninterrupted, unpaid lunch period after the
11          employee has been on duty for five (5) hours. The length of time for such lunch
12          period shall be at least thirty (30) minutes and shall be scheduled for full-time
13          employees at or about the midpoint of each work shift. The length of time for such
14          lunch period shall be at least thirty (30) minutes for part-time employees and shall
15          be scheduled by the Immediate Supervisor or designee. An employee required to
16          work during his/her lunch period shall receive pay at the appropriate rate provided
17          in the contract.
18   10.5   REST PERIODS
19          Employees working four (4) hours or more per day shall be entitled to one (1)
20          fifteen (15) minute rest period for each four (4) hour shift worked. The rest period
21          shall be scheduled, as far as possible, in the middle of each four (4) hour shift.
22          During the break period herein described, the employee may not leave the job site
23          without the approval of the Immediate Supervisor or designee.
24   10.6   OVERTIME/EXTRA TIME
25          10.6.1        Classified employees shall be compensated for all time worked in
26                        excess of eight (8) hours on a regular workday, or in excess of forty
27                        (40) hours in one (1) week, at one and one-half (1 ½) times the
28                        employee’s equivalent hourly rate of pay. For employees working on
29                        alternative schedules (Section 10.2), see Length of Workweek.
30          10.6.2        When an employee’s average workday is four (4) hours or more, the
31                        workweek shall be considered as not more than five (5) consecutive



                                                   40
 1                  days. Thus, time and one-half (1 ½) of the employee’s regular rate of
 2                  pay is required for hours worked on the sixth and seventh day. If the
 3                  average workday is less than four (4) hours, compensation for hours
 4                  worked on the seventh day shall be time and one-half (1 ½).
 5   10.6.3         The regular overtime rate of pay shall be one and one-half (1 ½)
 6                  times the regular rate of pay for the employee performing the
 7                  overtime assignment.
 8   10.6.4         The holiday overtime rate of pay is one and one-half (1 ½) times the
 9                  regular rate of pay plus the regular rate of pay, regardless of the
10                  hours worked on other days in that workweek.
11   10.6.5         Compensatory Time.
12            10.6.5.1     Work done beyond normal duty hours of which either
13                         overtime pay is given or compensatory time is given
14                         must have prior approval of the Immediate Supervisor or
15                         designee not a member of the bargaining unit.
16            10.6.5.2     Compensation for overtime may be in the form of cash
17                         payment or of compensatory time off of equivalent
18                         value to such cash payment. The request as to the
19                         method of compensation shall be made by the
20                         employee, subject to the approval of the Immediate
21                         Supervisor based on the operation requirements of the
22                         department. The employee shall have the right to
23                         appeal their Supervisor’s decision to appropriate
24                         administrator.
25            10.6.5.3     When compensatory time off is authorized in lieu of
26                         cash compensation, such compensatory time off shall
27                         be granted within twelve (12) calendar months following
28                         the month in which the overtime was worked and
29                         without impairing the services of the employing District.
30            10.6.5.4     Compensatory time will not be granted without a signed
31                         agreement by employee and supervisor. The



                                            41
 1                   agreement will include the date the work will be done,
 2                   the beginning and ending time, and the type of work
 3                   being performed. A timesheet will be completed when
 4                   the compensatory time is used. This timesheet will be
 5                   submitted to the Immediate Supervisor. Compensatory
 6                   time for overtime may be in the form of cash payment or
 7                   of compensatory time off of equivalent value to such
 8                   cash payment.
 9   10.6.6   Equal Distribution of Overtime. Overtime shall be distributed and
10            rotated as equally as is practical among employees in their respective
11            classifications at the job site.
12   10.6.7   Equal Distribution of Extra Work Time. Extra work time within an
13            eight (8) hour shift shall be distributed and rotated as equally as
14            practical among employees in their respective classifications at the
15            job site.
16   10.6.8   Each job site will post an overtime and extra work time rotational list
17            for the employees at their work site. The lists will be posted by job
18            classification.
19   10.6.9   Call-Back/Call-In to Work. An employee who is called back to work
20            after completion of his/her regular assignment, called in or called
21            back to work on a day when the employee is not scheduled to work,
22            shall be compensated for at least two (2) hours of work at the
23            appropriate rate, regardless of the actual time worked. In computing
24            overtime in connection with said situations, a reasonable amount of
25            travel time may be included.
26




                                        42
 1                              ARTICLE 11 PAY AND ALLOWANCES
 2
 3   11.1   WAGES AND WAGE RELATED COMPENSATION
 4          11.1.1         Initial Placement.
 5                         At the time of initial placement, newly hired unit members who have
 6                         prior experience of two (2) years or more in the job classification may
 7                         be placed on Level 3 of the Salary Schedule. Credit for experience is
 8                         limited to the last five (5) years.
 9          11.1.2         Salary Schedule.
10                         The regular rate of pay for each employee covered by this Agreement
11                         shall be the range and step, together with longevity, where applicable.
12                         The regular rate of pay for each employee covered by this Agreement
13                         shall be increased by two percent (2%), effective July 1, 2005, as set
14                         forth in the Salary Schedule (Appendix A-2).
15                   11.1.2.1     The parties also agree that the regular rate of pay for each
16                                employee covered by the Agreement as set forth in the Salary
17                                Schedule (Appendix A-2) shall be increased by two percent
18                                (2%), effective January 1, 2006.
19                   11.1.2.2     Anniversary Increments. Step increases will be granted in
20                                accordance with anniversary date of employment, or entry into
21                                a new classification within a class. Employees hired or
22                                entering into a new classification between the 1st and 15th of
23                                the month shall have their anniversary date established as the
24                                1st of the month, and when hired or entering into a new
25                                classification between the 16th and 30th of the month, their
26                                anniversary date shall be established as the 1st of the following
27                                month.
28                   11.1.2.3     Longevity. When a bargaining unit member has completed
29                                nine (9), fourteen (14), nineteen (19), twenty-four (24), and
30                                twenty-nine (29) years of continuous service, the unit member




                                                     43
 1                         shall receive a five percent (5%) longevity increase over their
 2                         current base salary, including previous longevity step
 3                         increases. Leaves of absence (paid or unpaid) or
 4                         reemployment by the District within thirty-nine (39) months
 5                         shall not be considered a break in service for purposes of this
 6                         Section.
 7            11.1.2.4     Promotional Placement. When a unit member is promoted,
 8                         he/she shall be placed on the next highest step which provides
 9                         at least five percent (5%) range above their former step.
10            11.1.2.5     Longevity and promotions will be applied independently of
11                         each other. When an employee’s longevity increase
12                         corresponds to a promotional increase, both increases shall be
13                         applied.
14   11.1.3         Additional Reimbursement.
15            11.1.3.1     Lodging and Meals. Any employee who, because of work
16                         assignment, must be lodged away from home overnight, shall
17                         be reimbursed for the actual and necessary costs of such
18                         lodging as well as meals as predetermined by the employer.
19                         Every effort will be made to process claims as soon as
20                         possible after receipt from the claimant.
21            11.1.3.2     Mileage. Any employee required to use his/her vehicle on
22                         District business shall be reimbursed at the approved I.R.S.
23                         rate.
24   11.1.4         Training Compensation. An employee who is required by the
25                  District to attend training sessions shall receive compensation
26                  as follows:
27            11.1.4.1     Training During Regular Hours. When the training occurs
28                         during the employee’s regularly assigned working hours, the
29                         employee shall be paid at his/her regular rate of pay and shall
30                         receive all benefits to which he/she is entitled.




                                            44
 1            11.1.4.2    Overtime During Training. When the regularly assigned hours
 2                        and the hours of training combined total in excess of eight (8)
 3                        hours on a regularly assigned work day, the employee shall be
 4                        paid at the overtime rate appropriate for the day and or time at
 5                        which the training occurs. The overtime rate shall be based on
 6                        the employee’s regular rate of pay.
 7            11.1.4.3    District to Pay Training Costs. All costs incurred under a
 8                        District mandated training program for employee
 9                        transportation, registration fees, and supplies shall be paid for
10                        by the District.
11            11.1.4.4    When the District requires an employee to attend training
12                        during non-work time, the District will pay the employee at their
13                        regular rate of pay.
14            11.1.4.5    Employees are permitted to voluntarily attend District provided
15                        training without compensation.
16            11.1.4.6    The District shall make a good faith effort to provide training for
17                        bargaining unit members during their regularly scheduled work
18                        hours.
19   11.1.5         Payment for Working Out-of-Classification.
20            11.1.5.1    The Board may require employees covered by this Agreement
21                        to perform duties not assigned to their position for up to two (2)
22                        days within a fifteen (15) day calendar period in an assignment
23                        at a higher range on the salary schedule without paying the
24                        employee at the higher range. Commencing on the third day
25                        within the same fifteen (15) day calendar period, the employee
26                        must be paid at the higher range and at his/her existing salary
27                        step for the entire number of days that they are required to
28                        work out-of-classification during the fifteen (15) calendar day
29                        period.
30            11.1.5.2    Minimum amount of said out-of-classification pay shall be five
31                        percent (5%).



                                             45
 1            11.1.5.3    No more than two (2) employees in a department or at a site
 2                        shall be asked to work out-of-classification to cover the same
 3                        vacancy in the department.
 4            11.1.5.4    The determination for out-of-classification work will be made by
 5                        the Immediate Supervisor prior to the work taking place.
 6                        Under normal circumstances, prior approval shall be in writing.
 7                        When out-of-classification work is assigned, the Supervisor, in
 8                        a timely manner, will complete the Classified Personnel
 9                        Requisition required for out-of-classification payment.
10   11.1.6          Professional Growth Program.
11            11.1.6.1    Purpose. A Professional Growth Program is established by this
12                        Section whose purpose is to provide continuous purposeful
13                        engagement in study and related activities by employees and to
14                        retain and extend high standards of performance by employees.
15            11.1.6.2    Definition. The Professional Growth Program shall include
16                        only courses and professional preparation taken outside the
17                        regular working hours of the employee. Classes or inservice
18                        programs taken on District time and for which the District
19                        pays the tuition and/or expenses will not be counted for
20                        professional growth credit.
21            11.1.6.3    Eligibility of Employees.
22                        11.1.6.3.1    Only employees who have served for one (1)
23                                      year with the District are eligible for participation
24                                      in the Professional Growth Program.
25                        11.1.6.3.2    No employee on leave of absence as a full-time
26                                      student will be eligible to participate in the
27                                      program, and any courses taken during such
28                                      leave shall not qualify for credit in the program.
29                        11.1.6.3.3    If an employee terminates employment with the
30                                      District and is subsequently reemployed by the




                                           46
 1                           District, he/she shall not be entitled to credit or
 2                           payment for any previous professional growth
 3                           increments.
 4              11.1.6.3.4   If an employee is hired with the stipulation that
 5                           he/she must complete a specific number of units,
 6                           attain a particular degree (high school graduation,
 7                           community college graduation, college graduation
 8                           or advanced degrees), or maintain a specific
 9                           certification, the studies necessary to meet these
10                           requirements shall not be counted toward the
11                           Professional Growth Program.
12              11.1.6.3.5   An employee must be in a paid status in order to
13                           receive any portion of the payment for
14                           professional growth increments under this
15                           program, and such payment will end when
16                           employment is terminated for any reason.
17   11.1.6.4   Courses to be Counted for Credit.
18              11.1.6.4.1   Credit for Courses. An employee wishing to take
19                           courses for credit may request consideration for
20                           such a course in writing from the Certificated
21                           Human Resources Department. If the course is
22                           denied, the employee may appeal the decision to
23                           the Inservice and Professional Growth Committee.
24                           If the Inservice and Professional Growth
25                           Committee recommends that credit for the course
26                           be given, the recommendation shall be valid only
27                           if the recommendation is approved by the Board.
28              11.1.6.4.2   Application for Credit. An employee wishing to
29                           enroll in this program must file a Request for
30                           Approval of a course to be taken with the
31                           Certificated Human Resources Department. If



                                47
 1                             permission is granted under the provisions of this
 2                             Article, payment for the course shall occur only
 3                             upon satisfactory completion of the course and the
 4                             filing with the Certificated Human Resources
 5                             Department of the appropriate verification. This
 6                             shall consist of an official grade card issued by the
 7                             institution giving the course, or an official
 8                             transcript. For approved courses not given by an
 9                             institution, the Certificated Human Resources
10                             Department shall establish the appropriate
11                             validation requirements.
12               11.1.6.4.3    Grade Requirements for Credit. Only courses
13                             with a grade of "C" or better will be accepted. If a
14                             "pass/fail" grade is issued instead of a letter
15                             grade, only a “pass/fail” grade will be accepted.
16               11.1.6.4.4    No more than nine (9) semester units will be
17                             allowed for professional growth under this
18                             program during any one (1) fiscal year (July 1-
19                             June 30). If more units are earned, the excess
20                             number may be carried over to succeeding
21                             increments.
22   11.1.6.5 Payment for Professional Growth Program.           Monies earned for
23            increments under the Professional Growth Program shall be paid in
24            addition to the employee's regular salary, and shall be subject to
25            the customary payroll deductions for retirements, social security,
26            and withholding taxes, as for usual salary payments.
27               11.1.6.5.1    Beginning July 1, 2000, each yearly increment
28                             shall be $300.00 for all bargaining unit members.
29                             All professional growth increments earned by
30                             bargaining unit employees prior or subsequent to
31                             July 1, 2000, shall be covered by this Section.



                                  48
 1              11.1.6.5.2    All increments payable under this Article shall be
 2                            increased by the percentage amount of the
 3                            general salary increase for each year of the life of
 4                            the contract.
 5              11.1.6.5.3    All increments shall be paid to bargaining unit
 6                            members proportionately on a monthly basis. (i.e.
 7                            twelve (12) month employees receive $25.00 per
 8                            month per increment; ten (10) month employees
 9                            receive $30.00 per month per increment.)
10   11.1.6.6   Time of Payment. Professional Growth increments which are
11              verified before the 10th of the month shall be paid on the first of
12              the month following, and thereafter, in each monthly warrant.
13   11.1.6.7   Professional Growth Increments. An increment consists of nine
14              (9) semester units of professional growth credit. In computing
15              this, the following shall be used:
16              11.1.6.7.1    Sixteen (16) hours of instruction will be considered
17                            equal to one (1) semester unit.
18              11.1.6.7.2    Of the nine (9) unit increments, at least
19                            seven (7) units must be job-related.      Two (2)
20                            of the units may be CSEA professional growth
21                            training, workplace relations and professional
22                            enhancement.
23              11.1.6.7.3    For purposes of calculation, fourteen (14) quarter
24                            units equal nine (9) semester units, and one
25                            hundred forty-four (144) actual instructional hours
26                            equal nine (9) semester units (for non-college
27                            courses).
28   11.1.6.8   Payment for Increments. The total number of increments which
29              can be earned and accumulated is seven (7).       A maximum of
30              one (1) increment will be approved for payment in any one (1)




                                  49
 1                         fiscal year. Units earned prior to July 1, 1994, are not
 2                         applicable to this program.
 3            11.1.6.9     District Professional Growth Committee. An Inservice and
 4                         Professional Growth Committee is hereby established
 5                         consisting of five (5) employees covered by this Agreement
 6                         appointed by the Association. The purpose of the committee is
 7                         to review disputed Professional Growth Program classes
 8                         which are appealed by an employee from a decision by the
 9                         Certificated Human Resources Department. The Certificated
10                         Human Resources Department shall appoint the chairperson
11                         of this committee.
12   11.1.7      Replacing or Repairing Employee's Property.
13            11.1.7.1     The District, in accordance and consistent with the
14                         following provisions, shall reimburse employees for any
15                         verified loss, damage, or destruction of personal
16                         property suffered while performing services to the District
17                         or while such personal property is on District premises.
18                         Reimbursement shall be conditioned upon the absence
19                         of negligence by the employee. The value of any item
20                         lost, damaged, or destroyed without fault of the
21                         employee shall be determined as of the time of the
22                         verified loss, damage, or destruction.
23            11.1.7.2     Reimbursement to employees for any verified loss,
24                         damage, or destruction of personal property suffered
25                         while performing services for the District or while such
26                         personal property is on District premises shall be made
27                         only to the extent that a unit member's Homeowner's
28                         policy deductible will not cover the claim. A unit
29                         member's Homeowner's policy is to be considered the
30                         primary insurer, and the District will only reimburse the
31                         unit member up to the deductible amount of that unit



                                            50
 1              member's policy (not to exceed $500). If the unit
 2              member does not have a Homeowner's policy, the
 3              District will not be liable for more than $500.
 4   11.1.7.3   When vehicles are damaged in the line of duty, the same
 5              maximum reimbursement shall apply ($500) and the unit
 6              member's automobile insurance will also be considered the
 7              primary insurer. Notwithstanding the above, in the event that an
 8              employee’s personal automobile insurance excludes coverage
 9              when the vehicle is used for business purposes, the following
10              paragraph shall apply: When a bargaining unit member is
11              required to use their personal vehicle in order to conduct District
12              business, the District liability insurance shall cover that vehicle
13              and employee.
14   11.1.7.4   A written request for reimbursement must be filed by the
15              employee within five (5) calendar days of the incident with
16              Business Services. Business Services shall conduct
17              such investigation as may be necessary. The burden of proof in
18              all cases is with the employee seeking reimbursement.
19   11.1.7.5   Reimbursement for verified loss, damage, or destruction of
20              personal property suffered while performing services for the
21              District or while such personal property is on District premises is
22              provided only when approval for the use of the personal
23              property in the schools was given before the personal property
24              was brought on District premises or before use while performing
25              services for the District. All such prior approval shall be in
26              writing. Exceptions to such prior approval shall be eyeglasses,
27              hearing aids, dentures, watches, and articles of clothing which
28              are damaged from a District caused accident.
29   11.1.7.6   Reimbursement for verified loss, damage, or destruction of
30              vehicles shall be absolutely limited to payment for verified loss,
31              damage, or destruction resulting from malicious acts of others. If



                                  51
 1                  a police report is taken, a copy of the report shall be provided to
 2                  Business Services. If there is damage or destruction of a
 3                  vehicle, two (2) written estimates from licensed repair facilities of
 4                  repair cost shall be provided to Business Services. The District
 5                  payment shall be limited to the amount of the lowest estimate
 6                  and shall be paid directly to the repair facility upon verification of
 7                  satisfactory completion of repairs.
 8            11.1.7.7     If an employee receives any payment from an insurance carrier
 9                         for any loss, damage, or destruction to personal property for
10                         which the District gave reimbursement, the employee shall
11                         repay the District if such payment from an insurance carrier
12                         covers the same loss, damage, or destruction covered by the
13                         District. In the event the District has provided reimbursement,
14                         the District shall assume the right from the employee to collect
15                         any appropriate damages related to this reimbursement and the
16                         employee shall execute all assignments and other documents
17                         and cooperate and perform all other acts as required by the
18                         District in pursuing their rights in such matter.
19   11.1.8         Physical Examinations. The District agrees to provide reasonable
20                  reimbursement of any medical examination required by law as a
21                  condition of continued employment, as outlined in Education Code
22                  45122 or its successor.
23   11.1.9         Newly Created Positions. The District agrees to notify the Association
24                  in writing of any proposed classified position, its placement in the
25                  bargaining unit and salary range placement.
26   11.1.10        Employer Paid PERS. The District shall pay the employee
27                  percentage share to PERS.
28   11.1.11        Employer Paid ARS. The District shall pay all 7.5% of the ARS
29                  (Alternative Retirement System) retirement.
30
31



                                              52
 1   11.2   DIFFERENTIAL PAY
 2          A classified employee assigned to work a regular, continuing schedule of eight (8)
 3          hours per day in which one-half (1/2) or more of the regular shift is worked after 6:00
 4          P.M., or a regular part-time employee who is assigned to work a regular continuing
 5          schedule in which four (4) or more hours are worked after 6:00 P.M., shall be entitled
 6          to shift differential pay. Such differential shall amount to placement on the step of the
 7          next higher salary range which is approximately two and one half percent (2-1/2%)
 8          above the employee's regular salary. If any employees enumerated above work four
 9          (4) or more hours between the hours of 1:00 a.m. and 7:00 a.m., he/she shall be
10          entitled to placement on the next higher full salary range, which is approximately five
11          percent (5%) above the employee's regular salary.
12   11.3   INSERVICE, MINIMUM DAYS
13          Inservice or minimum days shall be regular workdays for all unit employees and shall
14          be compensated at the employee's regular rate of pay.
15   11.4 SUMMER SCHOOL/EXTENDED YEAR ASSIGNMENTS
16          When the Board establishes temporary positions during Summer School/Extended
17          Year periods, those positions shall be offered to regular employees of the District not
18          regularly assigned during these periods. Appointment to these positions shall be on
19          the basis of seniority (except as noted below) among employees requesting summer
20          school/extended year employment in the classification to which the position has been
21          allocated by the Personnel Commission. If there are insufficient applicants for the
22          open positions in the classification, appointments shall be made on the basis of
23          seniority of employees who are qualified to perform the duties of the position, as
24          determined by the Director, Classified Human Resources.
25          11.4.1        The first priority to fill a school secretary vacancy during summer
26                        school/extended year shall go to the current school secretary assigned
27                        to that site that has applied for summer school/extended year work. If
28                        the site school secretary does not apply for a vacancy at his/her site,
29                        then the seniority process outlined in 11.4 above shall apply.
30




                                                   53
 1          11.4.2        The first priority to fill any instructional assistant/special education
 2                        assistant vacancy during summer school/extended year shall go to the
 3                        unit member that is on regular assignment to that particular
 4                        classification. If the instructional assistant/special education assistant
 5                        does not apply for the summer school/extended year vacancy, then the
 6                        seniority process outlined in 11.4 above shall apply.
 7          11.4.3        All employees requesting to work summer school/extended year must
 8                        complete an application form provided by the Classified Human
 9                        Resources Office.
10   11.5   MECHANICS TOOLS
11          Mechanics must provide and maintain their own working set of tools. The District will
12          provide mechanics a $75 per month tool allowance to cover the cost of necessary
13          repair and/or replacement.
14   11.6   Information Systems Salary. During the 2005-2006 school year, the District agrees
15          to review the classification study, dated October 3, 2001, as well as the new/current
16          duties and responsibilities of bargaining unit positions in the Information Systems
17          Department, and to develop salary adjustments as appropriate and justified. The
18          District agrees to fund any and all salary adjustments, effective upon completion of
19          the review, retroactive to July 1, 2005.
20   11.7   Salary/Classification Study.
21          11.7.1        It is the intent of the parties to develop a process to provide competitive
22                        classified salaries while recognizing the need for financial stability of
23                        the District. As a result of this understanding, during the 2005-2006
24                        school year, the CSEA and the District agree that the District will
25                        conduct a study to establish a process to review classified classification
26                        salary data with other comparable school districts. The mutual
27                        objective shall be to increase classified salaries up to the fiftieth (50th)
28                        percentile of comparable entities. The parties shall develop the
29                        mutually agreed upon process to achieve this goal. If the results of the
30                        process include recommendations for increases in salary for
31                        bargaining unit positions, the District agrees to set aside during the



                                                   54
 1            2005-2006 fiscal year and contribute $100,000 to begin implementation
 2            of the recommended increases, effective on the first of the month next
 3            following the date the study is complete (the date the District
 4            Governing Board receives the study). Implementation will begin first to
 5            bring up the salaries for those positions which the study shows to be
 6            paid the lowest as compared to the comparable entities. It is the intent
 7            of both parties that the recommendations of this study will be
 8            implemented without additional ratification.
 9   11.7.2   The District also agrees to contribute an additional $300,000 during the
10            2006-2007 fiscal year to continue implementation of the recommended
11            increases, effective July 1, 2006, provided the study is complete (as
12            defined above) by that date. Implementation will continue first to bring
13            up the salaries for those positions which the study shows to be paid the
14            lowest as compared to the comparable entities.
15   11.7.3   The $300,000 provided for in Section 11.7.2 will not be deducted from
16            or count toward any percentage increase to Appendix A-2 for that year
17            added as a result of meeting and negotiating.
18   11.7.4   Equity Clause. During the term of this Agreement, it is the intent of the
19            District to maintain salary increase equity for all employees in the Vista
20            Unified School District. In the event the District approves a percentage
21            cost-of-living salary/wage increase for the 2006-2007 school year for
22            employees in the certificated bargaining unit or for groups of
23            management or confidential employees (which has not already been
24            approved for CSEA bargaining unit), and if similar conditions apply,
25            CSEA bargaining unit members shall automatically receive a matching
26            salary increase. This increase would be effective the date of the
27            increase of the other bargaining unit(s). In the event the salary
28            increase is a direct result of the elimination/adjustment of a current
29            benefit/condition for another group of employees, the District and
30            CSEA shall meet to negotiate said increase.




                                       55
 1          11.7.5        Following the expiration of the 2004-2007 Agreement, the parties
 2                        agree to review progress toward implementation of the study and to
 3                        meet and negotiate regarding meeting the above-stated goal, including
 4                        but not limited to continued implementation of the study.
 5   11.8   Bilingual.   During the 2005-2006 school year, the parties agree to establish a
 6          bilingual committee, with representatives appointed by the CSEA and the District, to
 7          address issues relating to additional compensation for bilingual/biliterate usage. The
 8          committee will make recommendations to the parties. The District agrees that any
 9          compensation paid to unit members to use their bilingual/biliterate skills will be borne
10          by the District in addition to any general increase to the salary schedule.
11




                                                   56
 1                                    ARTICLE 12 HOLIDAYS
 2   12.1   HOLIDAYS.
 3          All employees who are a part of the bargaining unit shall be entitled to be paid for all
 4          legal and locally declared holidays provided that they were in a paid status during
 5          any portion of the work day preceding or succeeding the holiday period.            The
 6          holidays shall be:
 7                 New Year's Day
 8                 Martin Luther King Day
 9                 Lincoln's Day
10                 President's (Washington) Day
11                 Admissions Day (granted the 1st work day following Christmas Day)
12                 Friday of Spring Recess (granted the 2nd work day following Christmas Day)
13                 Memorial Day
14                 July Fourth
15                 Labor Day
16                 Veteran's Day
17                 Thanksgiving Day
18                 Friday after Thanksgiving
19                 Christmas Eve Day
20                 Christmas Day
21                 New Year’s Eve Day
22          Notwithstanding the adoption of separate work schedules for the certificated and the
23          classified services, on any school day during which pupils would otherwise have
24          been in attendance but are not and for which certificated personnel receive regular
25          pay, unit members shall also be required to work regular hours and receive regular
26          pay.
27   12.2   ADDITIONAL HOLIDAYS
28          Every day appointed by the President of the United States or the Governor of
29          California as a public fast, thanksgiving or holiday, or any day declared as a holiday
30          by the Board will be a paid holiday for all employees if they would otherwise have




                                                   57
 1          been in paid District status on the day of declaration and were in a paid District status
 2          on the day immediately before or after the day of declaration.
 3   12.3   CUSTOMIZED SCHEDULES
 4          For employees who are not twelve-month employees and have a work year assigned
 5          via a customized schedule, holidays will be assigned on a prorated basis according
 6          to the following formula: The prorated share of holidays (Section 12.1) granted to an
 7          employee will be equal to the percent of the work year listed on the employee's
 8          customized schedule based upon a 247 day work year. For purposes of determining
 9          partial allocation of holidays, discrepancies will be rounded up in the favor of the
10          employee. The customized schedule will reflect this prorated allocation.
11   12.4   HOLIDAYS THAT REQUIRE MAKE-UP OF TEACHER PREPARATION TIME
12          On a day when computer technicians or library technicians are required to provide
13          preparation time for teachers who missed their preparation time due to a holiday, the
14          District shall hire classified substitutes to assist the library and/or computer
15          technicians.   The intent is to allow the library and/or computer technician(s) to
16          continue with their regular assignment while the extra help supervises the students.
17




                                                   58
 1                          ARTICLE 13 EVALUATION PROCEDURES
 2
 3   Performance evaluations for all regular permanent and probationary employees shall be
 4   obtained at specific intervals during the work year.     Evaluations shall be reported on
 5   appropriate forms in accordance with the following provisions:
 6   13.1   PROCEDURES TO BE FOLLOWED
 7          An important part of each performance evaluation is the establishment of job targets
 8          (goals and objectives) for the coming evaluation period. Monitoring or "feedback"
 9          systems, if any, are to be discussed at this time. During the evaluation period, both
10          the employee and the evaluator will take an active role in assessing the progress
11          achieved in meeting the established job targets (goals and objectives). Periodic
12          conferences should be held where necessary.
13   13.2   Performance evaluations for all probationary employees shall be submitted at three
14          (3) months and five (5) months of employment during the probationary period.
15   13.3   Performance evaluations for all permanent employees shall be submitted every other
16          fiscal year concurrent with the employee’s anniversary date.
17   13.4   An evaluator may conduct a special evaluation for either a permanent or
18          probationary employee at times other than those regularly specified. An employee
19          may request and receive a special evaluation in their non-evaluation year.
20   13.5 The evaluation shall be prepared in triplicate and signed by the evaluator. The
21          evaluation shall also be signed by the Supervisor of the evaluator except in cases
22          where the designated evaluator is a member of the Management Team.                The
23          evaluatee shall be given reasonable notice in advance of evaluation review. The
24          evaluation shall be reviewed in private with the employee.        The evaluator and
25          evaluatee shall sign the evaluation during the evaluation meeting. The signature of
26          the employee does not mean agreement with the evaluation, but merely that the
27          evaluation has been discussed with the employee. In the event the employee elects
28          not to sign the evaluation, such will be noted on the evaluation by the evaluator. The
29          original of the completed evaluation shall be sent to the Classified Human Resources
30          Department, the second copy is to be retained by the evaluator, and the third copy is
31          to be given to the employee.



                                                  59
 1   13.6   If additional designated Lead employees or Management Team members are
 2          involved in evaluating an employee, their evaluation comments and/or ratings shall be
 3          included in the evaluation prepared by the evaluator. Any such comments and/or
 4          ratings will be identified as being made by those additional persons. The names of
 5          those additional designated Lead employees or Administrators who have provided
 6          such input shall be listed on the evaluation.
 7   13.7   Information of a derogatory nature shall not be placed in an employee's personnel
 8          file until the employee is given notice and an opportunity to review and make written
 9          comments thereon. Such review shall take place during normal business hours and
10          the employee shall be released from duty for this purpose without salary reduction.
11          If the employee elects to submit written comments with regard to an evaluation, this
12          must be submitted to the evaluator within ten (10) days after the evaluation has been
13          submitted to the employee. Such written comments will be attached to and become
14          part of the evaluation.
15   13.8   Employees with work deficiencies shall be given notice of the deficiency and
16          counseled with suggestions for improvement when it becomes apparent to the
17          evaluator that the deficiency could lead to an overall rating of "below requirements.”
18   13.9   The evaluation instrument is attached to this agreement designed as Appendix B.
19   13.10 The District and CSEA agree to meet and negotiate on the modifications to the
20          evaluation form.
21




                                                    60
 1                                ARTICLE 14 TRANSPORTATION
 2
 3   14.1   SENIORITY LIST
 4          The District shall use a system of seniority in the assignment of school bus routes.
 5          The District list will apply only to regular drivers and seniority determined by date of
 6          hire. Seniority for drivers employed on the same date will be determined by lot.
 7   14.2   DAILY ROUTE BIDDING
 8          14.2.1        The District will develop daily a.m./p.m. regular education and special
 9                        education routes for bid that support educational and operational
10                        requirements in the most efficient manner. These routes, showing
11                        length and school(s) served, will be posted for no less than five (5)
12                        working days prior to bid. Each route, mid-day run, and/or therapy run
13                        shall be posted by itself from the a.m./p.m. routes on a separate piece
14                        of paper.
15          14.2.2        Drivers shall be notified of routes available for bid prior to the beginning
16                        of the school year. Off-route drivers shall be notified by mail. Bidding
17                        shall commence on the sixth working day following posting.
18          14.2.3        Drivers shall be allowed to bid by proxy.
19          14.2.4        Drivers who do not exercise their right to bid shall be assigned a route
20                        by the Transportation Director according to seniority.
21          14.2.5        Mid-day regular education kindergarten runs and those special
22                        education runs (excluding routes associated with California Avenue)
23                        developed in 14.2.1 and /or therapy blocks will be available for driver
24                        selection by seniority. Once selected, the a.m./p.m. route and the mid-
25                        day run and/or therapy block will constitute the driver’s cumulative daily
26                        route. Drivers, when bidding on a new or vacated route, shall have the
27                        option to keep any mid-day regular education kindergarten runs and/or
28                        special education runs, provided the run fits within the new route time
29                        frame, in the appropriate vehicle and does not exceed eight (8) hours.
30          14.2.6        Any run/route (new or vacated) not available at the time of bidding shall
31                        be posted within five (5) working days of Management’s knowledge of



                                                   61
 1                       requirement/availability and/or development of an operational route. It
 2                       shall remain posted for no less than five (5) working days. All drivers
 3                       not reporting to work during the bidding process shall be mailed a copy
 4                       of the announcement. Bidding will consist of three (3) rounds, after
 5                       which the unfilled route will be assigned by the Transportation Director.
 6       14.2.7          Drivers who do not have noon runs shall be offered first priority for
 7                       extra mid-day runs. Mid-day runs are defined as those which occur
 8                       after the morning runs and before the afternoon runs.
 9                 14.2.7.1     Therapy Blocks. The District shall design therapy blocks to
10                              transport students to locations at which therapy is provided to
11                              students each year. The blocks shall be available for bid as a
12                              block of time for a particular day or days, and the driver shall
13                              transport those students needing therapy-related transportation
14                              during the time/day block as assigned by the District. Therapy
15                              blocks, once selected, along with the a.m./p.m. route, shall
16                              constitute the driver’s cumulative daily route as stipulated in
17                              14.2.5.
18        14.2.8         Summer School Assignments. The District shall offer summer school
19                       assignments in accordance with Section 14.2
20        14.2.9         Cover drivers shall be defined as a regular bus driver accepting a
21                       “cover route” as noted in Section 14.2. The “cover route” shall include
22                       only the a.m./p.m. routes and shall not include a mid-day run for the
23                       school year.
24   14.3. FIELD TRIP ASSIGNMENTS
25        14.3.1         Weekend and Holiday field trips. A monthly list shall be posted in a
26                       conspicuous location convenient to all at the beginning of each month.
27        14.3.2         Weekday Field Trips (Monday through Friday). Those trips, including
28                       community experience trips, scheduled between and after designated
29                       route times are weekday field trips. An up-to-date list shall be posted
30                       on a weekly basis and remain posted in a conspicuous location
31                       convenient to all for the entire week with changes, as appropriate.



                                                  62
 1          14.3.3        The completed field trip daily work sheet shall be posted for thirty (30)
 2                        days.
 3          14.3.4        A rotational seniority of all regular bus drivers shall be used for
 4                        assignment of all field trips, providing that regular bus drivers are
 5                        ready, willing and able to accept the assignment.
 6          14.3.5        Trips which are canceled shall not be charged to the driver for the
 7                        purpose of trip rotation and the affected employee shall be offered the
 8                        next available trip.
 9          14.3.6        Trips canceled subsequent to the employee arriving for work will be
10                        compensated at two (2) hours at the appropriate rate of pay to the
11                        employee.
12          14.3.7        Drivers will be given the maximum advance notification of all trips. In
13                        the event a driver receives less than twenty-four (24) hours notification,
14                        the driver may refuse the trip without losing his/her position on the
15                        rotational list.
16          14.3.8        The name of each driver who has become eligible through rotation for
17                        a field trip shall be posted for a minimum of twenty-four (24) hours.
18          14.3.9        A separate sign-up list, by seniority, will be used for field trip
19                        assignments during all fall, winter, spring and summer breaks.
20   14.4   SUBSISTENCE
21          Drivers on trips of five (5) hours or more in duration will be reimbursed for one meal;
22          drivers on trips of ten (10) hours or more in duration will be reimbursed for two meals.
23          Drivers must present receipts acceptable to the District Finance Department to
24          qualify for reimbursement. Reimbursement for the meals shall not exceed $7.00 for
25          breakfast, $9.00 for lunch or $14.00 for dinner. Use of the school bus assigned to
26          the driver is permitted for transit to and from meals as coordinated with
27          coach/teacher/chaperone.
28   14.5   DRIVER TRAINING
29          The District will ensure that, as a minimum, adequate training time equal to
30          the requirements of the state of California will be made available to drivers.




                                                    63
 1          During these training sessions, drivers will be compensated at the normal rate
 2          of pay. Drivers shall be informed monthly of all inservice hours completed.
 3   14.6   EXCEPTIONS TO THESE PROCEDURES
 4          The CSEA and the District agree that there are situations unique to the
 5          Transportation Department which would require the Transportation Director to
 6          make exceptions to these procedures with notice to the CSEA President in a
 7          timely manner.
 8   14.7 BUMPING PROCEDURES FOR DRIVERS WHO HAVE LOST DAILY ROUTE TIME
 9          Any driver who loses thirty (30) minutes or more of his/her daily cumulative route, as
10          defined under 14.2.1 and 14.2.5, shall have the right to bump the route of a less
11          senior driver whose daily route has more time.           Once the reduced driver has
12          bumped, he/she shall be allowed to begin the new route within two (2) working days.
13          The vacated route shall be posted for five (5) days for bid in accordance with the
14          existing contract.   Bumping and bidding shall occur through three (3) rounds
15          followed, if necessary, by appointment by the Transportation Director.
16   14.8   WORK FOR OFF-ROUTE DRIVER(S)
17          14.8.1       During all fall, winter, spring and summer breaks, any off-route driver
18                       who completes the department form to work shall be offered work on
19                       home to school routes and/or field trips prior to any substitute being
20                       offered work. The department form shall list separately field trips,
21                       daily routes, routes/field trips and extra work. Work will be offered in
22                       seniority sequence on a daily basis. When off-route assignments are
23                       initially made, the District will assign field trips with longer hours to
24                       regular drivers. In the event there is a modification to the schedule
25                       after assignments are made, the District will make a good faith effort to
26                       reassign field trips with longer hours to regular drivers.
27          14.8.2       A driver selecting this work will be expected to be available to
28                       complete the full assignment.
29          14.8.3       Drivers who accept work must complete the assigned route or
30                       field trip prior to being eligible for any additional work scheduled
31                       for the same day.



                                                   64
1   14.9   Bus Drivers shall receive a five percent (5%) differential compensation when serving
2          as a school bus delegated trainer authorized by the Department of Education.
3   14.10 At the end of each fiscal year, transportation employees shall be reimbursed for any
4          overpayment for health and welfare benefits premiums (as noted in Section 15.1.4)
5          which exceed the regular bid time.
6




                                                65
 1          ARTICLE 15. HEALTH & WELFARE BENEFITS/RETIREMENT INCENTIVES
 2
 3   15.1   The District shall contribute the amount specified in 15.1.1 or a prorated amount
 4          thereof toward the purchase of health, dental, vision, and life insurance benefits for
 5          all eligible unit members and their eligible dependents under the District provided
 6          plans.
 7          15.1.1       Effective January 1, 2006, the District will contribute no more than
 8                       $876.08 per month (12-pay) per full-time unit member for medical,
 9                       dental, vision, and life insurance, toward the purchase of the
10                       established benefit package, whichever plan the employee chooses.
11                       Eligible part-time employees are prorated based on the amount
12                       specified in 15.1.2. Any difference between the full cost and the
13                       District’s contribution shall be paid by the employee through automatic
14                       payroll deduction. The contribution amount established in this Section
15                       will be deemed the District maximum contribution in the future years
16                       unless amended by the parties. (It is the intent of the parties that prior
17                       to January 1, 2006, the employees shall be provided health and
18                       welfare benefits that exist under the current contract.)
19          15.1.2       For unit members whose established regular work assignment is at
20                       least four (4) hours per day/twenty (20) hours per week, the District
21                       shall contribute a prorated amount towards the District provided group
22                       health insurance plan (i.e., medical, dental, vision and life). The
23                       contribution is based on the number of hours in the established regular
24                       work assignment for the employee. The District contribution shall be
25                       based on the amount as noted in 15.1.1.
26                         Employee Hours Worked    District Contribution   Employee Contribution
27                                8.0                   100%                       -0-
                                  7.5                    93.75%                     6.25%
28                                7.0                    87.5%                    12.5%
                                  6.5                    81.25%                   18.75%
29                                6.0                    75%                      25%
30                                5.5                    68.75%                   31.25%
                                  5.0                    62.5%                    37.5%
                                  4.5                    56.25%                   43.75%
                                  4.0                    50%                      50%


                                                   66
 1          15.1.3         Part-time employees covered by Health Net immediately prior to
 2                         October 1, 2000, will be provided with health benefits as if they are full-
 3                         time employees.
 4          15.1.4         It is understood that the annual benefit coverage for each eligible unit
 5                         member will begin on January 1 and continue uninterrupted through
 6                         December 31.
 7          15.1.5         Employee-Employer Insurance Committee. The parties agree to
 8                         participate in a collaborative partnership as a means of delivering
 9                         benefits. The Insurance Committee will be a collaborative partnership,
10                         composed of representation from both CSEA and the Management,
11                         and will meet on a regular basis to make recommendations affecting
12                         the insurance program. The type and level of benefits and providers
13                         (examples: medical conditions qualifying for coverage, deductibles,
14                         and co-pays under the package) will be modified only through the
15                         bargaining process.
16   15.2 MISCELLANEOUS PROVISIONS
17          Duration of Benefits. Dependent coverage will be extended for twelve (12) months
18          after the death of a participating employee.
19   15.3   LEAVES
20          If a unit member is on leave of absence without pay status, he/she may convert the
21          health, dental, vision coverage, and life coverage to a direct payment basis by
22          forwarding to the District in advance the monthly, semi-annual, or annual rate for the
23          coverage.
24   15.4   EMPLOYMENT TERMINATION
25          Upon termination or placement in a non-eligible status of a unit member, the affected
26          employee and his/her dependents may continue coverage under the health, dental,
27          life, and vision plans for the time periods as specified in the Consolidated Omnibus
28          Budget Reconciliation Act (COBRA).           Such employees must pay the monthly
29          premium in advance.      Employees terminating for any reason will be informed in
30          writing of any conversion policy available through the District.
31



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 1   15.5   RETIREMENT BENEFITS
 2          Any member of the bargaining unit who is fifty-five (55) years of age or older and is
 3          participating in the District insurance program and has rendered at least ten (10)
 4          years of full-time service or its equivalent, (the equivalent of full-time service will be
 5          determined by the PERS formula, excluding time purchased from PERS) with the
 6          Vista Unified School District will receive upon retirement from the District a
 7          contribution towards the District's insurance programs. Eligible members will receive
 8          an annual contribution of fifty percent (50%) of the District’s contribution specified in
 9          15.1.1 towards the purchase of the District’s insurance programs (until age 65 - last
10          year prorated), or the individual may receive a one time payment as follows:
11                              Age of Retiree              Amount
12                                    55                   $19,800
                                      56                    17,820
13                                    57                    15,840
14                                    58                    13,860
                                      59                    11,880
15                                    60                     9,900
                                      61                     7,920
16                                    62                     5,940
                                      63                     3,960
17                                    64                     1,980
                                      65                      -0-
18   15.6   TAX SHELTERED ANNUITIES
19          Permanent Employees. Each permanent employee shall be given the opportunity of
20          entering into an amendment for the purpose of effecting a reduction in the salary
21          paid to such employee. For each employee who voluntarily elects to accept such
22          reduction in the salary paid, the District will, as directed by such employee, purchase,
23          with an amount equal to such reduction in salary, an individual, group, or variable
24          annuity contract issued by an admitted insurer, with or without a life insurance
25          element. The contract shall be non-transferable and the participant's rights are non-
26          forfeitable except for failure to pay future premiums. It is the intent of this policy to
27          make available to employees an annuity for their benefits and at their expense,
28          which annuity may or may not qualify an employee for certain tax deferment benefits.
29          The District will rely upon representations and information furnished by insurers that
30          annuities offered will qualify for such benefits, but undertakes to make no assurance
31          to employees that any tax deferment benefits will accrue.            Each employee is


                                                    68
 1          expected to assure himself/herself from personal legal or tax counsel of the effect
 2          upon him/her of the purchase of any annuity made available under this resolution of
 3          the authorization of any salary reduction to purchase such annuity.
 4   15.7   RETIREMENT INCENTIVE AGREEMENT
 5          15.7.1        Retirees who will attain the age of fifty-five (55) by the last day of the
 6                        last month of the employee’s school year (for twelve (12) month
 7                        employees the last month of the fiscal year) of retirement and will not
 8                        be sixty-one (61) until after the last day of the last month of the school
 9                        year they retire, shall be offered the following retirement incentive
10                        through June 30, 2007, at which time Section 15.7 will automatically
11                        terminate.
12          15.7.2        The District will provide to the retiree or their beneficiary a cash
13                        payment as follows: After completion of ten (10) years of service as
14                        defined in 15.7.3, $200 (two hundred dollars) per month until retiree’s
15                        70th birthday, OR, after completion of fifteen (15) years of service as
16                        defined in 15.7.3, $250 (two hundred fifty dollars) per month until
17                        retiree’s 70th birthday.
18          15.7.3        It is understood the unit members must have at least ten (10) years of
19                        service (this equivalent shall be determined by the PERS formula) in
20                        the Vista Unified School District based upon the date of first hire.
21          15.7.4        A retirement incentive may be offered by the District periodically.
22   15.8    LONG-TERM DISABILITY PLAN
23          The District agrees to provide a long-term disability plan with mandatory participation
24          by all eligible bargaining unit members, employee to pay premium. Bargaining unit
25          members whose assigned work hours are less than twenty (20) hours per week are
26          ineligible for participation in the established Long Term Disability Program. This
27          Agreement shall remain in effect until such time as the parties mutually agree on an
28          alternative program for which these unit members are eligible or otherwise mutually
29          agree on a response to the unavailability of a mutually acceptable alternative
30          program. The agency used to be jointly determined by the District and CSEA.
31



                                                     69
1   15.9   IRC 125 PLAN
2          The District shall provide to all bargaining unit members an IRC 125 program,
3          participation to be voluntary. The agency used to be jointly determined by the District
4          and CSEA.
5




                                                 70
 1            ARTICLE 16 EMPLOYEES' SAFETY CONDITIONS OF EMPLOYMENT
 2
 3   16.1   Bargaining unit employees may use such force as is reasonable under the
 4          circumstances to protect himself/herself from attack, to protect another person or
 5          property, to quell a disturbance threatening physical injury to others, or to obtain
 6          possession of weapons or other dangerous objects upon the person or within control
 7          of a pupil.
 8   16.2   The employee and his/her Immediate Supervisor shall report to the appropriate law
 9          enforcement authorities any incident in which a school employee is attacked,
10          assaulted, or physically threatened by any pupil. Failure to make such a report is an
11          infraction punishable by a fine of not more than one thousand dollars ($1,000).
12   16.3   Any abuse of school personnel, assault or battery upon school personnel, or any
13          threat of force or violence directed toward school personnel at any time or place
14          which is related to school activity or school attendance, shall be reported by
15          employees to their Immediate Supervisor. Employees shall notify the District relating
16          to the violations described herein and shall complete required reports as soon as is
17          practical.
18   16.4 Employees shall be provided coverage under the terms and conditions of the
19          Industrial Accident/Illness Leave as defined in this Agreement and illness leave
20          provision for any injury or illness arising out of or in the course of their employment.
21          The Board shall, within ten (10) days of the consummation of this agreement, enter
22          into an agreement with a qualified insurer.      Such agreement shall provide each
23          employee with adequate coverage against personal liability for damage, death of a
24          person, injury to a person, or damage or loss of property caused by the employee
25          acting within the scope of his/her employment. Such insurance policy shall also
26          cover all reasonable expenses incurred by the employee in connection with his/her
27          defense.
28   16.5 An employee has the right to submit written recommendations to the Immediate
29          Supervisor regarding the maintenance of safe working conditions, facilities and
30          equipment repairs, and modifications and other practices designed to ensure
31          compliance with applicable standards of the California Insurance Fund and the



                                                   71
 1          provisions of the school district fire and liability insurance programs. The District shall
 2          acknowledge, in writing, receipt of the employee’s recommendations within five (5)
 3          working days.     Thereafter, the District will inform the employee, in writing, of its
 4          findings and conclusions following the completion of its investigation.
 5   16.6 The District shall place (post) at prominent entry locations at each site, notices (signs)
 6          for regulating unauthorized persons and loitering on campus.
 7   16.7 If, in the opinion of the Immediate Supervisor, a student could potentially pose a
 8          threat to any personnel on the campus, the Supervisor shall so notify the appropriate
 9          staff.
10   16.8   An employee has the right to recommend disciplinary action regarding student
11          conduct to the student’s appropriate administrator. Said Administrator shall notify the
12          reporting employee whether or not action was taken.
13   16.9   Miscellaneous Safety Issues
14          16.9.1          Guidelines for loading movable cabinets will be posted in each cabinet.
15          16.9.2          Custodians can request of a Site Administrator that an improperly
16                          loaded movable cabinet be reloaded properly before they are required
17                          to move the cabinet.
18          16.9.3          Back braces will be made available to employees required to lift fifty
19                          (50) pounds or more on a daily basis.
20          16.9.4          CSEA and the District will form a bilateral committee that will meet
21                          quarterly to study safety conditions, including safety specifications of
22                          carts. The recommendations of the Safety Committee will be
23                          presented to the Board.
24   16.10 It is understood that employees shall not be required to work under unsafe conditions
25          or to perform tasks which endanger their health, safety, or well-being as determined
26          by the appropriate Federal, State or local public agency. The District agrees to follow
27          OSHA requirements concerning training of unit members and notification to unit
28          members who, by the nature of their assignments, work with or are exposed to
29          hazardous chemicals and/or toxic materials.
30




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1                               ARTICLE 17 SAVINGS PROVISION
2
3   If any provisions of this Agreement are held to be contrary to law by the PERB or a court of
4   competent jurisdiction and all appeals have been exhausted, such provision will not be
5   deemed valid and subsisting except to the extent permitted by law, but all other provisions
6   will continue in full force and effect. The Association and the District will meet within thirty
7   (30) work days if any portion of this Agreement is deemed to be invalid and negotiate a
8   replacement for said severed Section.
9




                                                  73
 1                             ARTICLE 18 NO-STRIKE PROVISION
 2
 3   It is agreed and understood that there will be no strike or concerted activity to interfere with
 4   the operations of the District by the Association or by its officers, agents, or members during
 5   the term of this Agreement, including compliance with the request of other organizations to
 6   engage in such activity. In the event of a strike or concerted activity to interfere with the
 7   operations of the District by employees who are represented by the Association, the
 8   Association agrees in good faith to take all necessary steps to cause those employees to
 9   cease such action. It is agreed and understood that any employee violating this Article may
10   be subject to discipline up to and including termination by the District. It is understood that
11   in the event this Article is violated, the District shall be entitled to withdraw any rights,
12   privileges, or services provided for in this Agreement or in District policy from any employee
13   and/or the Association.    It is agreed and understood that there will be no lockout or
14   concerted activity to interfere with the operations of the Association by the Board or its
15   officers, agents, or members during the term of this Agreement, including compliance with
16   the request of other school boards to engage in such activity. In the event of a lockout or
17   concerted activity to interfere with the operations of the Association by any employee or
18   member of the Board, the Board agrees in good faith to take all necessary steps to cause
19   those employees or members to cease such action. It is understood that in the event this
20   Article is violated, the Association shall be entitled to withdraw any rights, privileges, or
21   services provided for in this Agreement.
22




                                                   74
 1                            ARTICLE 19 SUPPORT OF AGREEMENT
 2
 3   The District and the Association agree that it is to their mutual benefit to encourage the
 4   resolution of differences through the negotiation process. Therefore, it is agreed that the
 5   Association and the District will support this Agreement for its term. Except as provided in
 6   this Agreement, no member of the Association nor any member of the Board, the
 7   Superintendent, or his/her designee shall seek change or improvement in any provision of
 8   this Agreement for the life of this Agreement. The Board and the Association shall not
 9   interpret or apply the provisions of this Agreement in a manner which is arbitrary, capricious,
10   or discriminatory.
11




                                                   75
 1                            ARTICLE 20 EFFECT OF AGREEMENT
 2
 3   It is understood and agreed that the specific provisions contained in this Agreement shall
 4   prevail over District practices and procedures. It is understood and agreed that the specific
 5   provisions contained in this Agreement shall prevail over state laws to the extent permitted
 6   by state law.    Further, it is agreed that in the absence of specific provisions in this
 7   Agreement, District practices and procedures are discretionary with the District to the extent
 8   that they are not contrary to or inconsistent with the specific provisions in this Agreement or
 9   state law.
10




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1                  ARTICLE 21 COMPLETION OF MEET AND NEGOTIATION
2
3   During the term of this Agreement, the Association and the Board understand and agree
4   that their mutual requirement to meet and negotiate in good faith is completed. They shall
5   begin to meet and negotiate on the subsequent contract no earlier than March 1, and no
6   later than June 1, of the year that this contract expires.
7




                                                   77
 1                                       ARTICLE 22 TERM
 2
 3   This Agreement shall remain in full force and effect up to and including June 30, 2010, with
 4   the exception of those areas specifically designated within the Agreement as reopeners,
 5   and thereafter shall continue in effect year by year unless one of the parties notifies the
 6   other, in writing, no later than March 15, 2010, of its request to modify, amend, or terminate
 7   the Agreement.
 8   Reopeners Designated in the Agreement.          The District and the CSEA agree to reopen
 9   negotiations for the 2007-2008 fiscal year regarding Article 11 – Pay and Allowances,
10   Article 15 - Health and Welfare Benefits/Retirement Incentives, and not more than three (3)
11   additional Articles to be designated by each party in writing. No earlier than March 1, 2008,
12   and March 1, 2009, the District and the CSEA agree to reopen negotiations for the 2008-
13   2009 and 2009-2010 fiscal years, respectively, regarding Article 11 – Pay and Allowances,
14   Article 15 – Health and Welfare Benefits/Retirement Incentives, and not more than two (2)
15   additional Articles to be designated by each party in writing.




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