Employe Salary Increment Letter COLLECTIVE BARGAINING

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Employe Salary Increment Letter COLLECTIVE BARGAINING Powered By Docstoc
					                   COLLECTIVE BARGAINING AGREEMENT

                               from November 1, 2008
                              through October 31, 2011

                                     between the

              CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION

                                  CHAPTER #497

                                       and the

                         SANTA PAULA ELEMENTARY
                             SCHOOL DISTRICT




                                         




―Coming together is a beginning; keeping together is the progress; working together is
                               success.‖ –Henry Ford
                                      TABLE OF CONTENTS



Article 1    Recognition..................................................................................................1

Article 2    Association Rights.......................................................................................5

Article 3    Management Rights and Responsibilities....................................................7

Article 4    Hours and Overtime....................................................................................9

Article 5    Compensation............................................................................................14

Article 6    Fringe Benefits...........................................................................................18

Article 7    Transfers....................................................................................................20

Article 8    Leave Provisions........................................................................................24

Article 9    Holidays.....................................................................................................44

Article 10   Evaluation Procedures...............................................................................46

Article 11   Organizational Security.............................................................................49

Article 12   Grievance Procedure..................................................................................52

Article 13   Complaint Procedure.................................................................................57

Article 14   Concerted Activities..................................................................................58

Article 15   Layoff and Reduction in Hours..................................................................59

Article 16   Safety Conditions of Employees................................................................60

Article 17   Professional Growth...................................................................................62

Article 18   Savings Provisions.....................................................................................68

Article 19   Support of Agreement................................................................................68

Article 20   Effect of Agreement..................................................................................68

Article 21   Term...........................................................................................................68



                                                                                                                                 i
                                                                                                                            2
Appendix A        Classified Salary Schedule.........................................................................69

                  Classified Salary Schedule (Continued)....................................................70

Appendix B        Longevity Service Schedule......................................................................72

Appendix C        Differential Compensation.........................................................................73

Appendix D        Compensatory Time Off............................................................................74

                  Compensatory Time Record Form............................................................75

Appendix E        Mentor Training Program—Custodian......................................................76

Appendix E1 Custodial Training Checklist.....................................................................78

Appendix F        Mentor Training Program—Office Manager.............................................80

Appendix F1 Office Manager Training Checklist...........................................................81

Appendix G        Salary Schedule Formula Increase for 2006-2007.....................................84

Appendix H        District Safety Form...................................................................................86




                                                                                                                              ii
                                                                                                                         3
 1                               ARTICLE 1 -- RECOGNITION
 2
 3   1.1           Recognition Agreement.           The District confirms its recognition of
 4   California School Employees Association, and its Chapter #497, as the exclusive
 5   representative for that unit of classified employees recognized by Santa Paula Elementary
 6   School District per a resolution adopted by the Board of Trustees on May 4, 1976, and
 7   modifications incorporated hereinafter.
 8
 9                 1.1.1              The CSEA unit shall include all regularly employed
10                 full-time and part-time classified employees in the following
11                 classifications:
12                                          Account Clerk I
13                                        Accounting Assistant
14                         Accounting Assistant—Child Nutrition Services
15                                       Accounting Technician
16                                      Administrative Secretary
17                               After School Program Coordinator
18                                    After School Program Leader
19                               Attendance Accounting Specialist
20                                        Attendance Assistant
21                                       Attendance Technician
22
23                                      Campus Safety Assistant
24                         Certified Speech/Language Pathology Assistant
25                                       Child Care Assistant I
26                            Child Care Services Assistant—Bilingual
27                              Child Nutrition Services Assistant I
28                              Child Nutrition Services Assistant II
29                              Child Nutrition Services Coordinator
30                           Child Nutrition Services Satellite Manager


                                                                                            4
 1                     Clerical Assistant I
 2                     Clerical Assistant II
 3           Clerical Assistant III-Human Resources
 4               Community Program Assistant
 5               Computer Resources Assistant
 6                          Custodian
 7
 8                      Data Entry Clerk
 9                   Data Services Specialist
10             District Safety Disaster Coordinator
11              District Technology Coordinator
12
13           Employee Benefits and Risk Coordinator
14
15                Grounds Maintenance Worker
16
17                      Health Specialist
18                 Human Resources Assistant
19                  Human Resources Clerk
20           Human Resources Specialist—Classified
21         Human Resources Technician—Certificated
22
23        Instructional Assistant—After School Program
24   Instructional Assistant—After School Program—Bilingual
25                   Instructional Assistant
26              Instructional Assistant—Bilingual
27        Instructional Assistant—In-School Suspension
28       Instructional Assistant—Opportunity Day Class
29          Instructional Assistant—Special Education
30        Instructional Assistant—Special Education SH
31    Instructional Assistant—Special Education—Bilingual



                                                              2
 1    Instructional Assistant—Special Education SH—Bilingual
 2   Instructional Assistant—Special Education Speech—Bilingual
 3   Instructional Assistant—Specialized Services SH—Bilingual
 4
 5                        Lead Custodian
 6                Lead Skilled Maintenance Worker
 7                       Library Assistant I
 8                      Library Assistant II
 9                 Library Educational Specialist
10            Locker Room Attendant/Campus Assistant
11
12                     Maintenance Worker I
13                     Maintenance Worker II
14              Migrant Education Program Assistant
15                  Migrant Education Recruiter
16
17                      Network Technician
18
19                     Occupational Therapist
20                      Outreach Consultant
21
22                   Parent Liaison—Bilingual
23
24                Resource Services Specialist—Art
25            Resource Services Specialist—Computer
26              Resource Services Specialist—Music
27               Resource Services Specialist—P.E.
28
29                  School Accounting Assistant
30                     School Office Manager
31             School Violence Prevention Coordinator



                                                                  3
 1                                           Secretary
 2                                 Senior Accounting Technician
 3                                 Skilled Maintenance Worker
 4                                Skilled Maintenance Technician
 5                                  Special Programs Assistant
 6                              Specialized Health Care Technician
 7                                  Support Services Specialist
 8
 9                                Technology Services Specialist
10                                           Translator
11
12                              Warehouse Worker/Delivery Driver
13
14   1.2            All newly created positions except those that are lawfully certificated,
15   management, confidential, or supervisory shall be assigned to the bargaining unit and the
16   Association shall be notified. The Administrative Secretary in Special Education shall
17   remain confidential until the incumbent leaves the position at which time the position will
18   become part of the bargaining unit.
19
20   1.3            The District shall notify CSEA of actions to establish supervisory,
21   management, and confidential positions. Disputes arising from the Board designation of
22   supervisory, management, and confidential positions shall be resolved by mutual
23   agreement or through the procedures of the Public Employee Relations Board (PERB).
24
25                  1.3.1          Current confidential positions are as follows:
26
27                                 Administrative Secretary—Business Services
28                                Administrative Secretary—Special Education
29                                  Executive Assistant to the Superintendent
30
31



                                                                                              4
 1                         ARTICLE 2 -- ASSOCIATION RIGHTS
 2
 3   2.1           Business and Activities.       All Association business activities will be
 4   conducted by members of the bargaining unit or Association officials outside established
 5   working hours and may be conducted on District property. ―Working hours‖ do not
 6   include an employee’s lunch time and break time.
 7
 8                 2.1.1            Twenty-four (24) hours advance permission from the
 9                 Superintendent or designee regarding the specific time, place, and type of
10                 activity to be conducted may be required.
11
12                 2.1.2            Unit members, whose work shift does not allow them to
13                 attend the monthly chapter meeting or special meetings (ratification), shall
14                 be granted release time to attend. They shall notify their supervisor at least
15                 twenty-four (24) hours in advance and sign an attendance roster verifying
16                 attendance at the meeting. They shall be responsible for working whatever
17                 time is needed to complete their regular duties. Such makeup time shall
18                 not exceed the amount of time taken off to attend the meeting.
19
20   2.2           Mailboxes and Bulletin Boards.         The Association may use the school
21   mailboxes, intra-district mail service, and bulletin board spaces designated by the
22   Superintendent or designee subject to the following conditions:
23
24                 2.2.1            All postings for bulletin boards or items for school
25                 mailboxes must contain the date of posting or distribution and the
26                 identification   of   the   organization   together   with   the   designated
27                 authorization by the Association President; and
28
29                 2.2.2            A copy of such posting or distribution must be delivered to
30                 the Superintendent or designee at the same time as posting or distribution.
31



                                                                                               5
 1   2.3            Job Representatives. The Association shall have the right to designate job
 2   representatives or stewards; the name and site to which the representative is assigned
 3   shall be reported in writing to the District upon his/her election or appointment. The list
 4   shall also include the names of the chapter officers and negotiating team members. The
 5   purpose and responsibilities of those named shall be representational duties pursuant to
 6   the Educational Employment Relations Act (EERA). No more than one (1) representative
 7   will be assigned or released to represent a unit member at any one time. The above shall
 8   not limit the number of witnesses the unit member may have at a hearing. Witnesses may
 9   not be called in groups of more than two (2) except if the hearing location is outside the
10   city limits.
11
12   2.4            Discrimination.        Neither the District nor the Association shall
13   interfere with, intimidate, restrain, coerce, or discriminate against employees because of
14   the exercise of rights to engage in or not engage in CSEA activity.
15
16   2.5            CSEA Conference.       The District will grant paid release time to four (4)
17   delegates to attend the CSEA annual conference for up to five (5) days per delegate
18   during each year this Agreement is in effect.
19
20   2.6            Distribution of Contract.        Within sixty (60) days after the acceptance
21   of the Agreement, the District shall duplicate and provide, without charge, a copy of the
22   Agreement and any subsequent amendments to each bargaining unit member. Any person
23   who becomes a member of the bargaining unit after the execution of this Agreement shall
24   be provided with a copy of this Agreement and any subsequent amendments without
25   charge.
26
27   2.7            CSEA shall have up to fifty-six (56) hours of paid release time per
28   contract year for the purpose of conducting Association business. Requests for leave shall
29   be made by submitting a completed Request to Attend Out-of-District Meeting form
30   signed by the immediate supervisor and the Association President to the Superintendent
31   or designee reasonably in advance of the requested release time.



                                                                                              6
 1          ARTICLE 3 -- MANAGEMENT RIGHTS AND RESPONSIBILITIES
 2
 3   3.1            The Board, on its own behalf and on behalf of the electors of the District,
 4   hereby retains and reserves unto itself, without limitation, all powers, rights, authority,
 5   duties, and responsibilities conferred upon and vested in it by the laws and Constitution
 6   of the State of California, and of the United States, including, but without limiting the
 7   generality of the foregoing, the right:
 8
 9                  3.1.1           To the executive management organization and
10                  administrative control of the District and its properties and facilities, and
11                  the activities of its employees; and
12
13                  3.1.2           To direct the work of its employees, determine the time and
14                  hours and days of operation and determine the kinds of levels of service to
15                  be provided and the methods and means of providing those services
16                  including entering into contracts with private vendors for services which
17                  are not customarily and routinely performed by bargaining unit members,
18                  or for services that will not displace bargaining unit positions; and
19
20                  3.1.3           To hire all employees, and subject to the provisions of law,
21                  to determine their qualifications and the conditions for their continued
22                  employment, discipline, dismissal, or demotion; and to promote, assign,
23                  and transfer all such employees; and
24
25                  3.1.4           To establish educational policies, goals, and objectives; to
26                  ensure the rights and educational opportunities of students; to determine
27                  staffing patterns; to determine the number and kinds of personnel required
28                  in order to maintain the efficiency of the District operation; and
29
30




                                                                                                    7
 1                  3.1.5           To build, move, or modify facilities, establish budget
 2                  procedures and determine budgetary allocation; determine the methods of
 3                  raising revenue; and to take action on any matter in the event of an
 4                  emergency.
 5
 6   3.2            The exercise of the foregoing powers, rights, authority, duties, and
 7   responsibilities of the Board, the adoption of policies, rules, regulations, and practices in
 8   furtherance thereof and the use of judgment and discretion in connection therewith shall
 9   be limited only by the specific and express terms of this Agreement and then only to the
10   extent such specific and express terms hereof are in conformance with the Constitution
11   and laws of the United States and the Constitution and laws of the State of California.
12
13   3.3            The District retains its right to amend, modify, or rescind policies and
14   practices referred to in this Agreement in cases of emergency. The determination whether
15   or not an emergency exists is solely within the discretion of the Board or the
16   Superintendent.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31



                                                                                                8
 1                           ARTICLE 4 -- HOURS AND OVERTIME
 2
 3   4.1             Workweek.       The standard workweek for full-time employees shall
 4   consist of five (5) consecutive days, eight (8) hours per day, and forty (40) hours per
 5   week, not including the lunch period. With the concurrence of the District and the
 6   employee, a normal full-time assignment may consist of ten (10) hours per day and forty
 7   (40) hours per week and/or nine (9) hours per day and eighty (80) hours per two-week
 8   period, not including the lunch period.
 9
10   4.2            Workday.         The initial starting and ending times of an assignment shall
11   be set by the District. Subsequent changes in these time or schedules shall be as follows:
12
13                   4.2.1           If the supervisor or employee wishes to alter their current
14                   assignment in any way, the supervisor and/or employee shall complete the
15                   Request for Change of Work Schedule – Classified Employees form
16                   available from the Classified Human Resources Office.
17
18                   4.2.2           The Association may either approve the request or notify
19                   the District of the Association's request to meet and resolve the issue.
20
21                   4.2.3           If the request is approved by the Association (via the
22                   Chapter President) and Superintendent or designee, the Request for
23                   Change of Work Schedule – Classified Employees form shall be forwarded
24                   to the Classified Human Resources Office.
25
26   4.3             Increase in Hours.      When additional hours are assigned to a part-time
27   position on a regular basis, the additional hours shall be offered to the most senior
28   bargaining unit member currently in the classification. If a reemployment list exists as a
29   result of reduction in hours, increased time shall be offered to those unit members listed
30   in order of seniority before it is offered to others.




                                                                                                  9
 1   4.4            Change of Work Assignment.            Part-time employees who work a
 2   minimum of thirty (30) minutes per day in excess of their part-time assignment for a
 3   period of twenty (20) consecutive working days or more, shall acquire benefits (vacation,
 4   sick and holiday pay) on a properly prorated basis. Such changes will be effective
 5   beginning on the first day and end the last day that the assignment is adjusted by more
 6   than thirty (30) minutes. This Section is not intended to adjust health and welfare
 7   benefits.
 8
 9   If this situation occurs for more than three (3) months, the parties, by mutual agreement,
10   may extend the timelines for this provision. It is the intent of the parties that this
11   Agreement shall not conflict with the California Education Code 45286--Limited Term
12   Employees.
13
14   4.5            Overtime.       Overtime is time worked at the direction or knowledge or
15   acceptance of the member's immediate supervisor, in excess of eight (8) hours in any one
16   (1) workday or forty (40) hours in any one (1) workweek.
17
18                  4.5.1        Paid holidays and days of paid absence and vacation are
19                  considered as days worked in the forty (40) hour workweek for the
20                  purpose of calculating overtime.
21
22                  4.5.2        Unit members who work overtime shall be compensated at a
23                  rate equal to one and one-half (1 and 1/2) times his or her regular rate of
24                  pay for overtime worked.
25
26                  4.5.3        An employee whose average workday is four (4) hours or
27                  more during the employee's workweek shall be compensated at the
28                  overtime rate for any work assigned on the sixth or seventh day following
29                  the workweek.
30
31



                                                                                                  10
 1                  4.5.4        An employee having an average workday of less than four
 2                  (4) hours during a workweek shall, for any work required to be performed
 3                  on the seventh day, be compensated at the overtime rate.
 4
 5                  4.5.5        When a classified employee is required to work on any
 6                  holiday he or she shall be paid compensation, or given pre-approved
 7                  compensating time off at the discretion of the site supervisor, for such
 8                  work in addition to the regular rate of pay received for the holiday at the
 9                  rate of time-and-one-half (1 and 1/2) the employee's regular rate of pay.
10
11   4.6            Compensatory Time Off.          In lieu of overtime payment, pre-approved
12   compensatory time off may be granted at the discretion of the site supervisor. Such
13   compensatory time off shall be at a rate equal to time-and-one-half (1 and 1/2) for the
14   hours of overtime worked. Compensatory time off must be taken within the current fiscal
15   year of being earned and must be taken at a time which is mutually agreeable to the
16   employee and his or her site supervisor. Compensatory time in excess of forty (40) hours
17   shall be paid for in cash. (See Appendix D).
18
19   4.7            Overtime Payment.               Payment for overtime will be made on the
20   next regular pay warrant provided payroll deadlines are met.
21
22   4.8            Overtime Distribution.          Overtime shall be distributed and rotated as
23   equitably as is practical among employees in the bargaining unit within each department;
24   however, the needs of the District shall prevail and the District shall make the final
25   assignment. Any member who is offered overtime and refuses it shall be deemed to have
26   worked overtime for the purpose of rotation only.
27
28   4.9            Overtime Refused.               Any unit member shall have the right to
29   reject any offer or request for overtime except in the case of a declared emergency.
30




                                                                                                  11
 1   4.10           Lunch Period.          All members of the bargaining unit working at least
 2   six (6) consecutive hours during a workday shall be entitled to an uninterrupted,
 3   scheduled lunch period. The length of time for such lunch period shall be no less than
 4   one-half (1/2) hour, nor more than one (1) hour. The District shall, when making
 5   assignments to eight (8) hour custodial positions, inform the assigned person of the hours
 6   prior to the assignment.
 7
 8                  4.10.1          Lunch shall be scheduled at or about the midpoint of the
 9                  workday and as near a normal meal period as possible.
10
11   4.11          Rest Period.            A fifteen (15) minute compensated rest period shall
12   be provided to each member of the bargaining unit for each four (4) consecutive hour
13   period of service. The rest period herein described shall be taken at the direction of the
14   immediate supervisor at or near the midpoint of each four (4) hour period of service.
15
16   4.12          Unscheduled Work.       A member of the bargaining unit called into work
17   on a day when the member is not scheduled to work or called back to work after the
18   completion of the member's regular assignment shall receive a minimum of two (2) hours
19   pay at the appropriate rate of pay in accordance with the contract.
20
21                  4.12.1          If a member of the bargaining unit is called back to work
22                  between midnight and 6:00 a.m., or on holidays as defined in Article 9
23                  after the completion of the member's regular duty assignment, he or she
24                  shall receive a minimum of four (4) hours pay at the appropriate rate of
25                  pay.
26
27                  4.12.2          The two (2) and four (4) hours minimum shall not apply to
28                  the extension of the workday with no break in duty.
29




                                                                                                12
 1   4.13          Work Calendar.        Bargaining unit members working less than twelve
 2   (12) months shall be provided a work calendar annually by the last day of student
 3   attendance.
 4
 5   4.14          All bargaining unit members not normally scheduled to work on the
 6   ―Orientation Day‖ held prior to the first day of school shall be invited to attend said
 7   activity (at the employee’s option) with a maximum of three (3) hours of compensation.
 8
 9
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                                                                                          13
 1                               ARTICLE 5 -- COMPENSATION
 2
 3   Article 5—Compensation is deferred until the 2008-2009 State Budget is signed and
 4   presented to the District. At that time, CSEA Chapter 497 and the District will meet
 5   to reopen Article 5—Compensation, with the exception to the below approved
 6   language in 5.8.
 7
 8   5.1            Salary Schedule.       Schedule attached hereto and marked APPENDIX
 9   A shall be increased by 3.00% for 2005-2006, effective July 1, 2005. In 2006-2007 and
10   2007-2008, the salary schedule will be increased using the formula in APPENDIX G,
11   with a guaranteed minimum increase of 1.5% for 2006-2007 and 1.5% for 2007-2008.
12   Should a dispute arise regarding the formula calculation, both parties agree to binding
13   arbitration for this issue only under the terms of Article 12 – Grievance Procedures.
14
15   5.2            Advancement on Salary Schedule.        Anniversary increments shall be
16   effective July 1 of the calendar year in which the unit member was/is hired only for the
17   purposes of calculating anniversary increments. Unit member July 1 standardized hire
18   dates as described in this Section will not be utilized to determine seniority or any other
19   benefit or provision of this Agreement that refers to length of service.
20
21   5.3            Longevity.      Longevity shall be earned as set forth in the annual salary
22   schedule and shall become effective on July 1 of the fiscal year in which the unit member
23   becomes eligible for longevity pay. For the purpose of this rule longevity shall be the
24   number of years paid service was rendered.
25
26   5.4            Differential Compensation.
27
28                  5.4.1           Any bargaining unit member whose regular assignment has
29                  an unpaid lunch period in excess of one (1) hour shall have a split shift
30                  differential of five percent (5%).




                                                                                                14
 1                  5.4.2           Any bargaining unit member, fifty percent (50%) of whose
 2                  regularly assigned shift extends after 4:00 p.m., shall receive a night shift
 3                  differential of five percent (5%).
 4                  5.4.3           All positions designated bilingual by the Board are to
 5                  receive a stipend of two-and-one-half percent (2.5%).
 6
 7                  5.4.4           All positions designated bilingual/biliterate by the Board
 8                  shall receive a stipend of five percent (5%).
 9
10                  5.4.5          Specialized Health Care. Students who need ongoing special
11                  health care beyond that which would be considered first aid (e.g.,
12                  dispensing oral medication or inhalers) shall be identified through the IEP
13                  process, the 504 modification plan or a physician’s order. Such
14                  specialized health procedures shall be performed in the following ways:
15
16                  •    by the Health Specialist and the Specialized Health Care Technician
17                  at the school site;
18
19                  •    by another classified employee provided that the employee agrees to
20                  perform the service and the employee is compensated with a two-and-
21                  one-half percent (2.5%) stipend from the beginning of training to the end
22                  of the needed service;
23
24                  •    in all cases, the employee providing the service shall be provided
25                  training and will be held harmless from liability by the District as provided
26                  by law. The Assistant Superintendent of Student and Family Support
27                  Services shall coordinate this procedure.
28
29   5.5            Promotion to Higher Classification.             An employee who receives a
30   promotion to a classification allocated to a higher salary range shall be placed on the step
31   of the salary range that is a minimum of five percent (5%) above the rate the employee



                                                                                                 15
 1   received in the previous classification. Additional advancement will be at one year (12
 2   months) intervals thereafter until the maximum are achieved. For the purpose of this rule,
 3   appointment of an employee to a classification with a salary range equal to or below his
 4   or her current range shall not warrant a salary increase; in such cases, placement will be
 5   made on the same rate formerly earned by the employee, not to exceed the maximum of
 6   the range of the classification to which he or she is appointed.
 7
 8   5.6            Mileage Reimbursement.                 Members of the bargaining unit
 9   whose position and scope of duties requires the occasional use of their personal
10   automobiles and who have been specifically authorized in advance by District
11   management to use their automobiles shall be reimbursed at the rate established by the
12   Board. The member shall be required to file for such reimbursement on the District
13   mileage claim form which must be submitted with each monthly time sheet.
14
15   5.7            Working Out Of Classification.         Unit members shall not be required
16   to perform duties which are not fixed and prescribed for the position, unless the duties
17   reasonably relate to those fixed for the position by the Board, for any period of time
18   which exceeds two (2) working days within a fifteen (15) calendar day period except as
19   authorized herein. A unit member may be required to perform duties inconsistent with
20   those assigned to the position for a period of more than two (2) working days within a
21   fifteen (15) calendar-day period provided that his or her salary is adjusted upward and in
22   such amounts as will reasonably reflect the duties required to be performed outside his or
23   her normal assigned duties. It is the intent of this Section to permit the District to
24   temporarily work employees outside of their normal duties but in so doing require that
25   some additional compensation be provided the employee during such temporary
26   assignments.
27
28   5.8            Mentor Training Program.               The parties agree to the concept of
29   mentor training for custodians and school office managers as outlined in Appendix E.
30




                                                                                            16
 1   5.8.1         Mentor Training Program. The Parties agree to a daily rate
 2   of $150 for mentoring a Custodian in Appendix E and a daily rate of $150
 3   for mentoring a School Office Manager in Appendix F.
 4
 5   5.8.2         Other Classifications. A unit member asked to train and/or
 6   mentor another employee receives up to the daily rate of $150 for a
 7   mentoring period of five (5) working days to mentor a unit member to
 8   reach proficiency and working knowledge of the job classification.
 9
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                                                                            17
 1                            ARTICLE 6 -- FRINGE BENEFITS
 2
 3   6.1            Fringe Benefits.        Beginning   October   2008,    the   District   shall
 4   contribute up to $7796.33 per year, per eligible unit member, toward the cost of
 5   providing health insurance. The District shall also provide dental insurance including
 6   orthodontia, vision insurance, employee life, and income protection plan for each eligible
 7   employee.
 8
 9   6.2            Eligibility, Full Coverage.   All unit members employed six (6) to eight
10   (8) hours per day shall be provided full family coverage. The District will continue to pay
11   the cost of coverage for unit members employed prior to March 1, 1989 who work four
12   (4)to six (6) hours per day and who continue to work a minimum of four (4)but less
13   than six (6) hours per day. Paid coverage will be for the same selections as was in effect
14   on March 1, 1989. Unit members may not elect to change coverage paid for by the
15   District. Unit members hired after March 1, 1989 who work four (4) to six (6) hours per
16   day shall not receive any coverage paid for by the District with the exception of Term
17   Life Insurance which is paid for by the District upon receipt of proper enrollment form,
18   but may, within the first thirty (30) days of their employment, elect to purchase coverage
19   to be paid by means of salary deduction upon execution of a written authorization.
20   Current unit members employed at least four (4) hours but less than six (6) hours per day
21   may also elect to purchase additional coverage with the exception of Term Life Insurance
22   which is paid for by the District upon receipt of proper enrollment form by means of
23   salary deduction upon written authorization. Such selections may only be made during
24   the annual "open enrollment" period.
25
26   6.3            Unpaid Absence.         While on approved leave in excess of thirty (30)
27   days, a member shall have the option to remain an active participant in the District fringe
28   benefit programs by contributing in advance the necessary premiums each month. The
29   District will comply with the requirements of the Consolidated Omnibus Budget
30   Reconciliation Act (COBRA).
31


                                                                                              18
 1   6.4              Retiree Benefits.     The District shall pay a stipend for health, dental
 2   and vision benefits for retired classified employees. To be eligible the employee must: 1)
 3   Retire under the California Public Employees Retirement System (CalPERS); 2) Not
 4   have reached his or her sixty-fifth (65th) birthday. Eligibility ends at age sixty-five (65)
 5   or at Medicare eligibility to comply with prevailing laws; 3) Be fifty-five to sixty-four
 6   (55-64) years of age with ten (10) years service with the District [a maximum of five (5)
 7   years benefits]; 4) Be fifty-eight to sixty-four (58-64) years of age with fifteen (15) or
 8   more years service with the District; 5) Be fifty-five to sixty-four (55-64) years of age
 9   with twenty (20) or more years of service with the District. The annual stipend shall be
10   the dollar amount contributed by the District for coverage provided to the employee and
11   his or her family upon the date of the employee's retirement. The retiree shall pay the
12   difference between the stipend and any increased premium which may occur during the
13   retiree's eligibility.
14
15                    6.4.1          Upon retirement under CalPERS, members of the
16                    bargaining unit may buy into the current health and welfare benefits at
17                    employee expense to age sixty-five (65) with approval of the appropriate
18                    benefit vendor.
19
20   6.5              Fringe Benefit Continuation.         The    District   shall   notify     all
21   bargaining unit members and families covered by the District's health and welfare benefit
22   plans, of the right to continuation of benefits, subject to the restrictions of Public Law PL
23   99 272, Title X, by paying the applicable premiums to the District.
24
25   6.6              Termination of Employment.           Upon termination of employment
26   with the District, in the event dental and vision premiums have already been paid for the
27   summer months, said benefits will cease September 30.
28
29
30
31



                                                                                                19
 1                                   ARTICLE 7 -- TRANSFERS
 2
 3   7.1      Definition.         A transfer is a change from the member's assigned work
 4   location(s) to another within the same position/classification.
 5
 6   7.2      Criteria For Transfer.       The following criteria shall be used in consideration
 7   of transfer requests:
 8
 9            7.2.1           The need and efficient operation of the District as defined by
10            central District administration.
11
12            7.2.2           The contribution the member can make at the new location.
13
14            7.2.3           The qualifications, including skills, experience, and recent
15            training of the member.
16
17            7.2.4           The length and quality of the past service rendered to the District
18            by the member.
19
20            7.2.5           The equal opportunity goals of the District.
21
22            7.2.6           The approval of the site manager where the vacancy exists.
23
24            7.2.7           The preference of the employee.
25
26            7.2.8           Other things being equal, as determined by management,
27            seniority shall prevail in filling vacancies from a list of employees who have
28            requested transfers.
29
30




                                                                                               20
 1   7.3        Lateral Transfers.            Members of the bargaining unit may at any time
 2   submit to the Classified Human Resources Office written requests for transfers to
 3   positions within their current classification. Such requests shall include: classification
 4   title requested, the number of hours the employee desires, the specific work location
 5   desired (if any), and the maximum/minimum number of months the employee is willing
 6   to work.
 7
 8   The District shall post all vacancies in the classified unit at all work locations for a period
 9   of five (5) working days and will refer to the hiring authority the names of the bargaining
10   unit members on the transfer list who meet the criteria for the vacant bargaining unit
11   positions. Consideration will be given to all candidates who meet the established
12   qualifications for the vacancy. Denial of a transfer request shall be in writing, or by
13   telephone or other personal contact by the Classified Human Resources Office.
14
15                   7.3.1           All bargaining unit members may request a transfer to a
16                   position in a related classification on the same salary range. The
17                   Classified Human Resources Office shall notify the hiring authority of any
18                   applicants currently in a probationary status.
19                   7.3.2           A permanent employee who transfers to a position in a
20                   classification in which he or she has not previously completed a
21                   probationary period shall be considered probationary in that classification
22                   for a period of six (6) months. At any time during the probationary period
23                   he or she may be returned (transferred) to his or her former classification
24                   without right of appeal.
25
26   7.4             Involuntary Transfers.         Involuntary transfers to another position in
27   the same classification shall be discussed with the member of the unit being transferred
28   prior to the transfer in order to enable the unit member to know the reasons for such
29   involuntary transfer. Employees shall be given a minimum of three (3) of the employee’s
30   working days written notice, excluding weekends and holidays, of the involuntary




                                                                                                 21
 1   transfer. An employee may be involuntarily transferred with less notice subject to the
 2   employee’s approval.
 3
 4                  7.4.1          A member of the bargaining unit may be transferred for the
 5                  good of the classified service from one (1) position to another in the same
 6                  classification; however, such transfer shall not be for arbitrary reasons.
 7
 8   7.5            Demotional Transfer.           A    permanent      employee     may    request
 9   voluntary demotion to a classification with a lower maximum salary rate. Such requests
10   require the approval of his or her department head and that of the head of the department
11   to which he or she is to be assigned.
12
13                  7.5.1          Voluntary demotion is a privilege available to a
14                  probationary employee only in cases when he or she would otherwise be
15                  laid off for lack of work or lack of funds.
16
17                  7.5.2          An employee who has accepted demotion in lieu of layoff
18                  for lack of work, lack of funds or abolishment or reclassification of his or
19                  her position, has the right to be reemployed, in accordance with his or her
20                  seniority, in a vacant position in his or her former classification within
21                  thirty-nine (39) months after demotion. Intervening reassignments to
22                  other classifications shall not abrogate that right. If he or she has not been
23                  reemployed in his or her former classification within thirty-nine (39)
24                  months, he or she shall be eligible for appointment to a vacant position in
25                  that classification, without examination, for an additional twenty-four (24)
26                  months, provided that the same test of fitness under which he or she
27                  qualified for appointment to the classification shall still apply.
28
29                  7.5.3          When a permanent employee is promoted and does not
30                  successfully complete a six (6) month probationary period in the new
31                  classification, the employee shall have the right to be placed back in the



                                                                                                 22
 1   former classification in a vacant position. If a vacant position does not
 2   exist, the employee shall displace the least senior employee in the
 3   classification. If the employee is less senior than the least senior employee
 4   in the classification, then the employee shall be placed on the thirty-nine
 5   (39) month reemployment list.
 6
 7
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31



                                                                                   23
 1                            ARTICLE 8 -- LEAVE PROVISIONS
 2
 3   8.1            Sole Benefits.             The benefits which are expressly provided in this
 4   Article are the sole benefits which are part of this collective Agreement, and it is agreed
 5   that other statutory or regulatory leave benefits are not incorporated, either directly or
 6   implied, into this Agreement, nor are such other benefits subject to the grievance
 7   procedure set forth in Article 12.
 8
 9   8.2            Illness or Injury Leave.          Illness or injury leave shall be for physical
10   and/or mental disability absences which are medically necessary and caused by illness,
11   injury, pregnancy disability, or quarantine. Illness or injury leave is earned at the rate of
12   one (1) day per month.
13
14                  8.2.1            Eligibility.
15
16                                   8.2.1.1          A member of the bargaining unit employed
17                                   five (5) days a week for a fiscal year of service by the
18                                   District shall be entitled to accrued leave of absence for
19                                   illness or injury without loss of compensation.
20
21                                   8.2.1.2          A member of the bargaining unit, employed
22                                   five (5) days per week who is employed for less than a full
23                                   fiscal year is entitled to that proportion of twelve (12) days
24                                   leave of absence for illness or injury as the number of
25                                   months he or she is employed bears to twelve (12).
26
27                                   8.2.1.3          A member of the bargaining unit employed
28                                   less than five (5) days per week shall be entitled, for a
29                                   fiscal year of service, to that proportion of twelve (12) days
30                                   leave of absence for illness or injury as the number of days
31                                   he or she is employed per week bears to five (5). When



                                                                                                  24
 1           such a member is employed for less than a full fiscal year
 2           of service, this and the preceding paragraph shall determine
 3           the proportion of leave of absence for illness or injury to
 4           which said member is entitled.
 5
 6           8.2.1.4         The District may require a verification of the
 7           nature and severity of the illness or injury through a
 8           physical examination of the employee by a physician
 9           appointed by the District at District expense. If the
10           physician's report concludes that the absence is not due to
11           personal illness or injury, or that the illness is not
12           sufficiently severe to warrant continued absence, then the
13           Superintendent or designee, after notice to the member,
14           may deny continuance of the leave.
15
16   8.2.2   Use of Sick Leave for Illness of Family Member.
17
18           8.2.2.1         In any fiscal year a member may use an
19           amount of sick leave equivalent to the amount accumulated
20           in six (6) months to attend to an illness of a child, parent, or
21           spouse of the unit member.
22
23           8.2.2.2         Nothing in this Section shall increase the
24           amount of sick leave available to the unit member.
25
26           8.2.2.3         As used in this Section: ―child‖ means a
27           biological, foster, or adopted child, a stepchild, a legal
28           ward, or a child of a person standing in the place of the
29           legal parent; ―parent‖ means a biological, foster, or
30           adoptive parent, a step-parent, or a legal guardian; ―spouse‖




                                                                           25
 1           means a legally married partner in accordance with
 2           California law.
 3
 4   8.2.3   Compensation.
 5
 6           8.2.3.1           Pay for any days of such absence shall be
 7           the same as the pay, which would have been received had
 8           the member served during the day. Credit for leave of
 9           absence need not be accrued prior to taking such leave of
10           absence and such leave of absence may be taken at any
11           time during the year. However, a member of the bargaining
12           unit who is a new employee of the District shall not be
13           eligible to take more than six (6) days or the proportionate
14           amount to which he or she may be entitled under this
15           Section until the first day of the calendar month after
16           completion of six (6) months of active service with the
17           District.
18
19           8.2.3.2           If a member does not render service for an
20           entire year, but has used all credited sick leave, the amount
21           of compensation received for sick leave taken but unearned
22           shall be repaid to the District and the District shall have the
23           right to make necessary adjustments to the last warrant. If a
24           unit member is taking a leave of absence, the unit member
25           will receive sick leave earned up to the commencement of
26           the leave of absence. The final warrant issued before a
27           leave of absence will be adjusted for any usage of sick
28           leave earnings.
29
30           8.2.3.3           Members of the bargaining unit may use
31           Illness or Injury Leave in quarter-hour increments.



                                                                            26
 1
 2           8.2.3.4           Absence for Examination.       Every
 3           employee in the bargaining unit shall be permitted to absent
 4           himself or herself from his or her duties during working
 5           hours in order to take any District required physical
 6           examination and/or examination for promotion in the
 7           District without deduction of pay or other penalty, provided
 8           that he or she gives two (2) days notice to his or her
 9           immediate supervisor, provided employee has known this
10           far in advance.
11
12   8.2.4   Notification.
13
14           8.2.4.1           Employees shall call in prior to the start of
15           the absented work shift. Supervisors shall be responsible
16           for establishing a call-in procedure for bargaining unit
17           members under their supervision.
18
19           8.2.4.2           A member becoming aware of the need for
20           absence due to surgery or other predictable or previously
21           scheduled cause shall submit a statement from the
22           member's attending physician as far in advance of the
23           disability date as possible. The physician's statement shall
24           include the beginning date of the disability, and the
25           anticipated date of the member's return to active service.
26           The physician’s statement shall also include any possible
27           work restrictions. The physician statement shall be
28           delivered to the Classified Human Resources Office.
29
30
31



                                                                           27
 1   8.2.5   Return to Service.
 2
 3           8.2.5.1           Upon the request by management, a member
 4           shall be required to present a medical doctor's certificate
 5           verifying the personal illness or injury and/or medical
 6           authorization to return to work. If requested by District
 7           management, a member shall not return to work until he or
 8           she submits a medical doctor's authorization to return to
 9           work.
10
11           8.2.5.2           A member who has experienced a disability
12           absence requiring surgery, hospitalization, or extended
13           medical treatment shall be required, prior to return to active
14           service, to submit a medical statement from his or her
15           physician indicating an ability to return to his or her
16           position without restrictions or detriment to the members'
17           physical and/or emotional well being. District management
18           may require that such verification be made by a physician
19           appointed by the District at District expense. Such
20           verification shall be processed through the Classified
21           Human Resources Office for placement in the member's
22           personnel file.
23
24           8.2.5.3           A member who has been absent due to
25           illness shall notify his or her immediate supervisor or
26           designee, prior to the end of the regularly scheduled
27           workday as to whether he or she is returning to work on the
28           following day. Failure to do so shall cause the employee to
29           lose an additional sick leave day, if a substitute has been
30           secured.
31



                                                                           28
 1                      The notification herein shall include an estimate of
 2                      expected duration of the absence. If an employee
 3                      designates he or she is returning to work and has a relapse
 4                      after his or her call, he or she will follow the same
 5                      procedure as indicated in 8.2.4.1.
 6
 7   8.2.6              Accumulation of Leave.         If a member does not take the
 8   amount of leave allowed in any school year under this Section, the amount
 9   not taken shall be accumulated from year to year.
10
11                      8.2.6.1        Transfer of Sick Leave From Another
12                      District.      Any new employee who has accumulated
13                      sick leave from another school district in California may
14                      transfer the accumulated sick leave if the employee has
15                      been with the former district for one year (12 months) or
16                      more and the break in service was less than one year (12
17                      months).
18
19   8.2.7              Sick Leave Donation.           On a case-by-case basis, as
20   requested by the recipient, bargaining unit members and administrators may
21   donate up to the equivalent of five (5) days accumulated and unused sick
22   leave to another bargaining unit member and/or administrator who has
23   suffered a long term illness or disability and who has exhausted all fully paid
24   leaves.
25
26   The provisions of this Section shall be implemented prior to and in addition to
27   utilizing the Extended Illness and Injury Benefits provisions of Section 8.3 of
28   the Agreement.
29




                                                                                     29
 1   8.2.7.1         Donated sick leave shall be converted on an
 2   hour per hour basis, meaning the recipient shall be paid at
 3   his or her regular rate of pay.
 4
 5   8.2.7.2         The recipient shall utilize donated sick leave
 6   in the order donations are received, exhausting all days
 7   donated by one (1) bargaining unit member before
 8   beginning to utilize days donated by another bargaining
 9   unit member. Donated sick leave not utilized by the
10   recipient prior to return to service shall be returned to the
11   donor.
12
13   8.2.7.3         Sick leave donation shall be limited to a
14   maximum of seventy-five (75) days per year per recipient.
15   A year shall be defined as any twelve (12) month
16   consecutive period of time from the date of receipt of
17   donated sick leave. Unit members and administrators must
18   have a minimum of fifteen (15) days of accumulated and
19   unused sick leave before they are eligible to donate.
20
21   8.2.7.4         Such forms as may be necessary to properly
22   document and administer the provisions of this Section
23   shall be provided by the District.
24
25   8.2.7.5         "Administrators", under Article 8.2.7, shall
26   mean those persons who are on the District Management
27   Salary Schedule, under individual contract to the District,
28   classified management, and confidential employees not
29   eligible for bargaining unit membership.
30




                                                                     30
 1   8.3             Extended Illness and Injury Benefits.             Each unit member shall once
 2   per year be credited with a total of not less than one hundred (100) workdays of sick
 3   leave in addition to sick leave provided for in this Agreement. Each day of sick leave
 4   provided by this Section shall be compensated at the rate of not less than fifty percent
 5   (50%) of the unit member’s regular salary, and shall be available after all other sick
 6   leave and vacation entitlement has been exhausted. This sick leave is not cumulative from
 7   year to year.
 8
 9                   8.3.1              If at the conclusion of sick leave and additional leave, paid
10                   or unpaid, the employee is still unable to assume the duties of the position,
11                   the employee shall be placed on a reemployment list for the period of
12                   thirty-nine (39) months. If at any time during the prescribed thirty-nine
13                   (39) months the employee is able to assume the duties of his or her
14                   position, the employee shall be reemployed in the first vacancy in the
15                   classification of his or her previous assignment. The employee's
16                   reemployment will take preference over all other applicants except for
17                   those laid off for lack of work or funds in which case the employee shall
18                   be ranked according to his or her proper seniority. Upon resumption of his
19                   or her duties, the break in service will be disregarded and the employee
20                   shall be fully restored as a permanent employee.
21
22   8.4             Pregnancy Leave.          Members are entitled to use sick leave, as set forth
23   in Section 8.2 and 8.3 of this Agreement, for that period of time verified by the attending
24   physician that the member is unable to continue to perform assigned duties because of
25   temporary disabilities caused or contributed by pregnancy, miscarriage, childbirth, and
26   recovery therefrom, on the same terms and conditions governing leaves of absence from
27   other illness or medical disability. Such leave shall not be used for child care, child
28   rearing, or preparation for child bearing, but shall be limited to those temporary
29   disabilities as set forth above.
30




                                                                                                   31
 1                  8.4.1          Any member of the bargaining unit who is pregnant shall
 2                  submit a physician's statement to the Superintendent or designee no later
 3                  than approximately two (2) months before the expected date of delivery.
 4
 5   8.5            Industrial Accident and Illness Leave.        All members of the
 6   bargaining unit who have served continuously with the District for a period of one year
 7   (12 months) shall be entitled to the following leave on account of illness or accident
 8   which has qualified for Workers’ Compensation benefits:
 9
10                  a.      Allowable leave shall be sixty (60) working days in any one (1)
11                  fiscal year for the same industrial accident or industrial illness. The Board
12                  may, by rule, provide for leave greater than sixty (60) working days, paid
13                  or unpaid. Application must be made through the employee's immediate
14                  supervisor.
15
16                  b.       Allowable leave shall not be accumulated from year to year.
17
18                  c.      Industrial accident or illness leave shall commence on the first day
19                  of absence.
20
21                  d.       Payment for wages lost on any day shall not, when added to the
22                  temporary disability benefit granted the employee under the Workers'
23                  Compensation laws of this State, exceed the normal wages for the day.
24
25                  e.       Industrial accident leave shall be reduced by one (1) day for each
26                  day of authorized absence regardless of the temporary disability
27                  compensation or award made under Workers' Compensation.
28
29                  f.       When an industrial accident or illness occurs at a time when the
30                  full sixty (60) days will overlap into the next fiscal year, the employee




                                                                                                32
 1   shall be entitled to only that amount remaining at the end of the fiscal year
 2   in which the injury or illness occurred for the same illness or injury.
 3
 4   8.5.1          The industrial accident or illness leave of absence is to be
 5   used in lieu of the leave provided for in Section 8.2 of this Agreement.
 6   Industrial accident or illness leave shall be in addition to leave provided
 7   for in Section 8.2.
 8
 9                  a.      Upon termination of the industrial accident or
10                  illness leave, the employee shall be first entitled to the
11                  leave provided for in Section 8.2 of this Agreement.
12
13                  b.      Days absent while on paid industrial accident leave
14                  shall not be deducted from the number of days of paid
15                  illness leave to which an employee may be entitled.
16
17                  c.      Upon return to service from any industrial accident
18                  or illness leave resulting from industrial accident or
19                  industrial illness, an employee shall be assigned to a
20                  position in the employee's former classification ahead of
21                  any employee with a lesser amount of seniority. If no
22                  vacancy exists in the employee's former classification, the
23                  employee may displace the most recently appointed
24                  employee in the classification with less seniority. If an
25                  employee's former classification has ceased to exist, the
26                  employee may be reassigned or placed on the thirty-nine
27                  (39) month reemployment list.
28
29                  d.      An employee returning from an industrial accident
30                  or illness leave shall not have any loss or gain in status or
31                  benefits other than that which is specifically provided in



                                                                                    33
 1                    applicable provisions of the Education Code. An employee
 2                    shall continue to receive seniority credit for all purposes
 3                    while on the industrial accident or illness leave of absence.
 4
 5                    e.      When all industrial accident or illness leaves of
 6                    absence have been exhausted following industrial accident
 7                    or industrial illness, an employee's name shall be placed on
 8                    the reemployment list for the classification from which the
 9                    employee was on leave.
10
11   8.5.2            During all paid leaves of absence, whether industrial
12   accident leave as provided in this Section or any sick leave, vacation,
13   compensated time, or other available leave provided by law or by the
14   provisions of this Agreement or by other action of the Board, the employee
15   shall endorse to the District wage loss benefit checks received under the
16   Workers' Compensation laws of the State. The District in turn shall issue the
17   employee appropriate warrants for payments of wages or salary and shall
18   deduct normal retirement and other authorized contributions. The District
19   shall also deduct the temporary disability indemnity, if any, actually paid to
20   and retained by the employee for the period covered by such salary
21   warrants:
22
23                    a.      Final allowance for permanent industrial disability
24                    settlements, exclusive of salary payments already paid by
25                    the District, shall not be subject to remittance to the District
26                    under this rule.
27
28                    b.      When sick leave, extended illness leave, vacation,
29                    compensating time off or other available paid leave is used
30                    in conjunction with temporary disability benefits derived
31                    from Workers' Compensation, it shall be reduced only in



                                                                                    34
 1                                 that amount necessary to provide a full day’s wage or
 2                                 salary when added to the temporary disability benefits.
 3                                 When extended illness leave is used in conjunction with
 4                                 temporary disability benefits derived from Workers’
 5                                 Compensation, extended illness leave will be reduced by
 6                                 one (1) day for each day of authorized absence.
 7
 8                8.5.3            Any member of the bargaining unit receiving benefits as a
 9                result of this Section shall, during periods of injury or illness, remain within
10                the State of California unless the Board authorizes travel outside the State.
11
12                8.5.4            The District reserves the right to secure proof of industrial
13                accident or illness of any member of the bargaining unit. Before salary
14                payments will be made to a member absent because of industrial accident or
15                illness, a report of such accident or illness in the form prescribed by the
16                District must be on file in the Business Office and the injury or illness must
17                have qualifications for Workers' Compensation benefits.
18
19                8.5.5            The District has the right to designate physicians, at District
20                expense, to assist in determining the length of time during which the
21                member will be temporarily unable to perform assigned duties and for
22                determining the degree to which a disability is attributable to the industrial
23                injury or illness involved.
24
25                8.5.6            Employees collecting Workers' Compensation may not be
26                gainfully employed elsewhere. Such employment may be cause for
27                disciplinary action.
28
29   8.6          Leave of Absence Due to Death of Member of Immediate Family.
30   All members of the bargaining unit are entitled to a leave of absence, not to exceed five
31   (5) days on account of the death of any member of his or her immediate family.



                                                                                               35
 1
 2               8.6.1            A member of the bargaining unit may be granted two (2)
 3               additional days of leave under this provision in excess of the five (5) days at
 4               the discretion of the Superintendent or designee.
 5
 6               8.6.2            No deduction shall be made from the salary of such
 7               member nor shall such leave be deducted from leave granted by other
 8               provisions of this Agreement.
 9
10               8.6.3            Members of the bargaining unit shall be required to contact
11               their immediate supervisor or department office prior to the commencement
12               of a leave of absence due to the death of a member of their immediate
13               family. When possible, such notice shall be prior to the start of their regular
14               work shift. Failure to do so may result in ineligibility for paid leave and
15               may be considered an unauthorized leave.
16
17               8.6.4            Members of the immediate family, as stated in this Section,
18               means the mother, father, grandmother, grandfather, or grandchild of the
19               employee or of the spouse of the employee, and the spouse, or the registered
20               domestic partner of the employee, or a child of the registered domestic
21               partner of the employee, the son, son-in-law, daughter, daughter-in-law,
22               brother, brother-in-law, sister, sister-in-law, aunt or uncle of the employee,
23               or any other qualified person living in the immediate household of the
24               employee.
25
26               8.6.5            One (1) day may be granted at the discretion of the
27               supervisor upon the death of an individual not included in the limitations of
28               the Article. This leave will be applied to the employee’s sick leave.
29
30   8.7         Family and Medical Leave.        The provisions of the Family and Medical
31   Leave Act (FMLA) and the California Family Rights Act (CFRA) are applicable to



                                                                                               36
 1   employees employed by the District for more than twelve (12) months regardless of full
 2   or part-time status or number of hours worked.
 3
 4   8.8          Jury Duty.       Members of the bargaining unit will be provided leave for
 5   regularly called jury duty service. The member shall submit a written request for an
 6   approved leave of absence immediately upon receipt of notice of jury duty. Such request
 7   shall be submitted to the member's immediate supervisor.
 8
 9                8.8.1            It is the responsibility of the member to report to work
10                whenever the member is not required to attend jury duty service. When
11                night shift employees have served jury duty during a calendar-day they shall
12                not be required to report to work that evening.
13
14                8.8.2            The member shall not volunteer for additional jury duty
15                beyond the normal legal requirement, and the leave of absence provided for
16                in this Section shall not be available for such additional jury service.
17
18                8.8.3            The District shall pay the employee the regular rate of pay
19                and the employee will submit to the District the jury fee received not to
20                include fees received for meals, travel and parking.
21
22                8.8.4            The District reserves the right to request to have any
23                member excused from jury service or to request alternate service dates in the
24                event said jury service would entail undue hardship on the public served by
25                the member.
26
27                8.8.5            Leave of absence to serve as a witness in a court case shall
28                be granted an employee when he or she has been served a subpoena to
29                appear as witness, not as the litigant or party in the case. The length of the
30                leave granted shall be for the number of days in attendance in court as
31                certified by the clerk or other authorized officer of the court. The employee



                                                                                                   37
 1                shall receive full pay during the leave period, provided that the witness fee
 2                for such leave is assigned to and the subpoena or court certification is filed
 3                with the District. Request for leave of absence to serve as a witness should
 4                be made by presenting the official court summons to the Assistant
 5                Superintendent/ Business Services.
 6
 7   8.9          Personal Necessity Leave/Compelling Personal Leave.             Leave which
 8   is credited under Section 8.2 of this Article, Illness or Injury Leave may be used at the
 9   member’s election for purposes of personal necessity or compelling personal leave,
10   provided that the use of such leave does not exceed eight (8) days in any school (fiscal)
11   year.
12
13   8.10          Personal Leave.         Members of the bargaining unit may be granted
14   personal leave without pay at the sole discretion of the Superintendent or designee not to
15   exceed ten (10) days during any one (1) school year. All such requests shall be routed
16   through the immediate supervisor on the appropriate form and forwarded to the Classified
17   Human Resources Office.
18
19   If a unit member is taking a leave of absence the unit member will receive sick leave
20   earned up to the commencement of the leave of absence.
21
22   8.11           Other Leave Without Pay.       Members of the bargaining unit who have
23   attained permanent status may request a personal leave without pay for periods in excess
24   of ten (10) days.
25
26                  8.11.1         A member on leave without pay may participate in the
27                  employee group benefits, provided the member pays the full cost on a
28                  monthly basis in advance of the month due.
29
30                  8.11.2         A member on leave without pay may remain an active
31                  participant in the California Public Employees Retirement System



                                                                                                 38
 1                  (CalPERS) by contributing thereto the amount necessary to continue as a
 2                  member on leave as provided by the provisions of the retirement system of
 3                  which the employee is a member.
 4
 5                  8.11.3          Leaves will not be granted and may not be used to take
 6                  employment which conflicts with the member's employment with the
 7                  District.
 8
 9   8.12           Vacations.      Vacation shall be earned at the following rate:
10                                         Allowable              Days Per Year
11                  Years of Service       Percentage for FTE     Per FTE
12                    0-5                     1.00                  12
13                     6-9                     1.25                  15
14                    10-15                    1.50                  18
15                    16-19                    1.75                  21
16                    20+                      2.00                  24
17
18   Increases in vacation accrual rates shall become effective on July 1 of each year. Unit
19   members eligible for an increase during any fiscal year shall be credited with that
20   increase on July 1 beginning that fiscal year.
21
22                  8.12.1          Vacation credit for twelve (12) month employees may be
23                  accrued to the total not to exceed that which the employee could accrue in
24                  fifteen (15) months. Employees working less than twelve (12) months
25                  shall be paid annually for vacation in the regular pay periods by dividing
26                  the number of yearly accrued days in pay by the number of months
27                  worked per year.
28
29                  8.12.2          Vacations shall be subject to the approval of the immediate
30                  supervisor. Requests for vacation should be submitted to the supervisor 30
31                  to 45 days before the start date of requested vacation. When more than one
32                  (1) employee at a site requests vacation at the same time, the


                                                                                             39
 1                  determination of whose request will be granted shall be by seniority.
 2                  Requests submitted after October 1 shall be subject to availability. A
 3                  denial of a vacation request may be appealed to the Superintendent or
 4                  designee.
 5
 6                  8.12.3          Vacation shall be earned during any paid leave of absence
 7                  or limited term assignment.
 8
 9                  8.12.4          A member of the bargaining unit shall be permitted to
10                  interrupt or terminate vacation leave in order to begin bereavement leave,
11                  jury duty or illness or injury leave, or other paid leave as provided by this
12                  Agreement without a return to active service provided the employee
13                  supplies appropriate notice and supporting information regarding the basis
14                  for such interruption or termination.
15
16                  8.12.5          Upon separation from service, a permanent employee shall
17                  be paid for his or her accumulated vacation credit at the rate of pay
18                  applicable to his or her last regular assignment.
19
20   8.13           Notification to Return to Work.         In the event a member of the
21   bargaining unit, returning from a leave of absence, fails to notify the immediate
22   supervisor of the member's intention to return from leave by the time specified by the
23   District and a substitute reports for service, the substitute shall be permitted to serve and
24   the member shall be on unpaid leave of absence for the day.
25
26   8.14           Unauthorized Leave.            Any absence of a member of the bargaining
27   unit on a day of required duty that has not met the eligibility, notification, and approval
28   requirement of the various leave provisions of this Article shall be considered an
29   unauthorized leave. Members of the bargaining unit shall not be compensated for any
30   period of unauthorized leave and the District shall deduct on a pro rata basis the District




                                                                                               40
 1   contribution towards the health benefits specified in Article 6 of this Agreement for the
 2   period of the unauthorized leave.
 3
 4   8.15           Abandonment of Position.       Voluntary unauthorized leave for three (3)
 5   consecutive days of required duty shall be considered an abandonment of position and
 6   shall be subject to disciplinary action up to and including termination from District
 7   employment as of the last date on which the member worked and the member's position
 8   may be declared vacant.
 9
10   8.16           Return from Authorized Leave.          Upon return from an authorized
11   leave of absence under this Article an employee shall have the right to return to a like
12   position in the same classification as that employee held when the leave was granted.
13
14   8.17           Leave to Serve in Exempt, Temporary, or Limited-Term Position.
15   Any permanent classified employee who accepts an assignment within the District to an
16   exempt, temporary, or limited-term position shall, during such assignment be considered
17   for status purposes, as serving in his or her regular position, and such assignment shall
18   not be considered separation from service. The employee may, with approval of the
19   appointing authority, voluntarily return to his or her position or a position in a
20   classification of his or her permanent status prior to the completion of service in an
21   exempt, temporary, or limited-term position. Failure to complete the required service,
22   unless approved as specified herein, will constitute abandonment of position and may be
23   grounds for disciplinary action up to and including dismissal.
24
25                  8.17.1         Credit for step advancement shall accrue during leaves of
26                  absence for military service, not to exceed one hundred eighty (180) days,
27                  or to serve in limited-term assignments in the District and during any paid
28                  absence, accident, and industrial illness leaves.
29




                                                                                               41
 1   8.18          Military Leave.        Military leave of absence shall be granted and
 2   compensated in accordance with the Military and Veterans Code Sections 389 and 395
 3   and that which follows:
 4                 395.01 - Any public employee who has been employed not less than one
 5                 year (12 months) immediately prior to military leave shall be entitled to
 6                 receive his or her salary or compensation as such public employee for the
 7                 first thirty (30) calendar days of any such absence.
 8
 9   8.19          Leave of Absence for Retraining.       In   the   event    that   the   Board
10   contemplates the abolition of positions in the classified service and creation of new
11   positions because of automation, technological improvements, or for any other reason, it
12   may provide for retraining of displaced employees in accordance with this rule.
13
14                 8.19.1         To be eligible for retraining leave, an employee must:
15
16                                a.      have served at least three (3) years in the District;
17
18                                b.      be serving a position which the District
19                                contemplates abolishing;
20
21                                c.      show that the retraining will clearly benefit the
22                                District;
23
24                                d.      indicate a willingness to undergo the prescribed
25                                training program; or
26
27                                e.      indicate a willingness to serve the District for at
28                                least two (2) years after successful completion of the
29                                retraining program.
30




                                                                                                  42
 1   8.19.2         The Board shall prescribe the retraining program and may
 2   provide the program internally or designate the institution or place where
 3   the program is to be given.

 4
 5   8.19.3         The employee shall be considered a permanent employee
 6   for all purposes during the period of the retraining program and shall
 7   receive his or her normal compensation and benefits. The Board may
 8   prescribe duties, if any, to be performed by the employee on behalf of the
 9   District during retraining leave.
10
11   8.19.4          The Board may provide for reimbursement of reasonable
12   expenses necessary for the prescribed retraining after the employee
13   completes the prescribed retraining program (Ed. Code Section 45387).
14
15   8.19.5           The Board may establish retraining programs for
16   purposes other than outlined in this rule and grant leaves of absence for
17   retraining in the same manner as for study leaves of absence except that
18   the three-year (36 months) service requirement shall prevail. Such
19   programs must be endorsed by the Personnel Commission and must be
20   available to all qualified employees of the District except that approval for
21   such leave shall be discretionary with the Board.
22
23
24
25
26
27
28
29
30
31


                                                                                 43
 1                                 ARTICLE 9 -- HOLIDAYS
 2
 3   9.1            A member of the bargaining unit is entitled to the following paid holidays
 4   provided that the member is in a paid status during any portion of the workday
 5   immediately preceding or succeeding the holiday; however, employees who are not
 6   normally assigned to duty during the winter and spring recess periods shall be paid for
 7   those classified service holidays provided that they were in a paid status during any
 8   portion of the workday of their normal assignment immediately preceding or succeeding
 9   the holiday recess period:
10
11              Independence Day                          Day before New Year’s Day
12              Labor Day                                 New Year’s Day
13              Veteran's Day                             Martin Luther King, Jr. Day
14              Thanksgiving Day                          Friday of Spring Recess
15              Day after Thanksgiving Day                Lincoln’s Birthday
16              Day before Christmas Day                  President’s Day
17              Christmas Day                             Memorial Day
18
19   9.2            When a listed holiday falls on a Sunday, the following Monday shall be
20   the holiday except when Christmas Eve falls on a Sunday, the preceding Friday shall be
21   the holiday. When a listed holiday falls on a Saturday, the preceding Friday shall be the
22   holiday.
23
24   9.3            When a unit member is required to work on any of the listed holidays, he
25   or she shall be paid compensation, or given compensating time off for such work in
26   addition to the regular pay received for the holiday, at the rate of time-and-one-half (1
27   and ½) the employee's regular rate of pay.
28
29   9.4            Additional Holidays.           Any day declared by the President or if the
30   Governor of this State closes the public schools as a public fast, thanksgiving, or holiday,




                                                                                              44
 1   or any day declared a holiday by the Board shall be a paid holiday for all employees of
 2   the bargaining unit who would otherwise be scheduled to work.
 3
 4   9.5           Cesar Chavez Recognition.           CSEA and the District will jointly
 5   sponsor recognition of Cesar Chavez on or near March 31 of each school year. The
 6   Labor/ Management Committee will plan appropriate activities for the work and school
 7   sites.
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31



                                                                                         45
 1                       ARTICLE 10 -- EVALUATION PROCEDURE
 2
 3   10.1           The goal of the evaluation process is to assist the employee to develop and
 4   maintain high standards. Evaluations are also to provide appropriate recognition when
 5   the employee is exceeding District standards.
 6
 7   10.2           Probationary Employee Evaluations.           Regular             classified
 8   probationary members of the bargaining unit shall receive at least two (2) formal written
 9   evaluation reports on District forms at the end of the second (2nd) and the fifth (5th)
10   months. A probationary employee is defined as a bargaining unit member who has not
11   served an initial probationary period in a class, not to exceed six (6) months or one
12   hundred thirty (130) days.
13
14   10.3           Permanent Employee Evaluations.              Regular classified permanent
15   members of the bargaining unit shall receive one (1) written evaluation report on the
16   District form, at least once each year during the month of March. In the event an
17   employee does not receive an evaluation, the evaluation for that year shall be considered
18   satisfactory for all intents and purposes.
19
20   10.4           Procedure.      The following procedures shall be utilized with regard to
21   the members of the bargaining unit covered by this Agreement.
22
23                  10.4.1          The evaluation reports described herein shall be reviewed
24                  by the immediate supervisor or designee. The immediate supervisor or
25                  designee shall have the authority to modify the report. No member of the
26                  bargaining unit shall evaluate another member of the unit.
27
28                  10.4.2          The member shall receive a written copy of the evaluation
29                  report form described herein at a conference conducted between the
30                  immediate supervisor or designee and evaluated unit member. In the event




                                                                                            46
 1   deficiencies are cited, the report shall include suggestions for
 2   improvement.
 3
 4   10.4.3         The evaluated member and immediate supervisor or
 5   designee shall sign the evaluation report form, a copy of which shall then
 6   be filed in the member's file in the Classified Human Resources Office.

 7
 8   10.4.4         The member may submit a written response to the
 9   evaluation report. Such a response shall be reviewed by the immediate
10   supervisor or designee and shall then be attached to the original evaluation
11   report form.
12
13   10.4.5         The immediate supervisor or designee has the authority to
14   consult with other persons who have the opportunity to observe the
15   member or otherwise assess the member's performance. The evaluation
16   report shall state that information of this type was obtained by other than
17   direct observation.
18
19   10.4.6         Application of the Grievance Procedure, Article 12, shall
20   be limited to the application of the evaluation procedures set forth in this
21   Article and shall not be construed to apply to evaluation content.
22
23   10.4.7          Any unit member has the right to appeal within ten (10)
24   working days to the next highest supervisor (who has not participated in
25   his/her evaluation) any mark or comment with which the member
26   disagrees. Under normal circumstances, the next highest supervisor shall
27   meet with the unit member within ten (10) working days after the appeal
28   meeting. By mutual agreement, the timelines may be extended.
29
30   10.4.8          Evaluation Response Following Appeal.         The unit
31   member shall have the right to respond in writing to their evaluation


                                                                                47
 1                   within thirty (30) calendar days following either the receipt of the
 2                   evaluation or receipt of the decision on their appeal of their evaluation.
 3
 4   10.5            An employee shall have the right, during nonworking hours, to examine
 5   and/or obtain copies of any material from the employee's personnel file, with the
 6   exception of material that includes ratings, reports or records which were obtained prior
 7   to the employment of the employee involved. The District may charge nominal and actual
 8   cost for providing any copies of these materials.
 9
10   10.6            Derogatory Material.           No derogatory or unfavorable material shall
11   be placed in an employee's personnel file unless the employee has had an opportunity to
12   read and respond to the material in question. Time for the reading and response shall be
13   provided during the workday without loss of pay to the employee. The employee shall
14   acknowledge that he or she has read the material by affixing his or her signature on the
15   actual copy to be filed, with the understanding that such signature merely signifies that he
16   or she has read the material to be filed and does not necessarily indicate agreement with
17   the content. The employee shall have the right to answer any material filed and his or her
18   comments shall be attached to the file copy. Time limit for response shall be ten (10)
19   working days.
20
21
22
23
24
25
26
27
28
29
30
31



                                                                                                  48
 1                     ARTICLE 11 -- ORGANIZATIONAL SECURITY
 2
 3   11.1            General Provisions.            The Association shall have the sole and
 4   exclusive right to have membership dues, service fees, or religious exception fees
 5   deducted from payroll warrants of unit members by the District. The District, when
 6   drawing an order for salary or wage payment for unit members, shall deduct above dues
 7   or fees in accordance with the current CSEA dues and service fee schedule and in
 8   compliance with this Article. The District shall pay the Association, within fifteen (15)
 9   days of the deduction, all sums so deducted.
10
11   11.2            Agency Shop.                   As of the date of this Agreement, the
12   District shall, when drawing an order for salary or wage payment for any unit member,
13   reduce the order for payment of dues, service fees, or religious exception fees to the
14   Association in the same amount and in accordance with the CSEA schedule for dues and
15   service fees.
16
17                   11.2.1         Each employee shall be informed that payment of the
18                   above dues or fees are a condition of continued employment and shall be
19                   given the option of joining the Association, paying the service fee for
20                   services rendered by the Association, or filing a Request for Religious
21                   Exception and Payment of Charity Fee form in accordance with 11.2.2,
22                   11.2.2.1, and 11.2.2.2.
23
24                                  11.2.1.1        A form shall be provided by the Association
25                                  for the employee to indicate his or her choice of the options
26                                  as indicated in 11.2.1. Should the employee fail to complete
27                                  a form within thirty (30) days of employment, the amount
28                                  deducted from his or her salary or wage payment shall be
29                                  considered to be a service fee. The employee may change
30                                  his or her choice at any time by filing the appropriate form
31                                  with the Classified Human Resources Office, indicating the



                                                                                               49
 1                  new choice. The Classified Human Resources Office shall
 2                  notify the Association of any requested change within ten
 3                  (10) days of the request.
 4
 5                  11.2.1.2       The employee shall be informed that he or
 6                  she may pay his or her dues or service fees directly to the
 7                  Association in lieu of payroll deduction. However, payment
 8                  in such manner shall not abrogate the employee of the
 9                  requirement of payment of dues, service fees, or religious
10                  exception fees as a condition of continued employment.
11                  Failure to remit dues or fees to the Association in such
12                  manner shall be sufficient cause for the District to deduct
13                  dues or fees directly from the unit member's monthly pay,
14                  and such action shall be taken by the District upon request
15                  by the Association.
16
17   11.2.2         If an employee belongs to a recognized religious sect which
18   does not permit its members to pay a representational fee to, or belong to,
19   any employee organization, an amount equal to the representational fee
20   (service fee and dues) which would have been paid will be deducted from
21   that employee's salary or wages in accordance with 11.2. Such fee shall be
22   known as a religious exception fee and shall be contributed to a charity of
23   the employee's choice, including, but not limited to, American Cancer
24   Society, Muscular Dystrophy Fund, Cerebral Palsy Fund, Multiple
25   Sclerosis Fund, the American Heart Association, and the American Red
26   Cross. Should the unit member wish his or her fee to be contributed to a
27   charity other than the above, approval must first be given by the
28   Association.
29
30                  11.2.2.1       Determination of an employee's eligibility
31                  for religious exception shall be made by the Association



                                                                                  50
 1                                  following receipt of the Request for Religious Exception
 2                                  and Payment of Charity Fee form. The form shall include
 3                                  the employee's name and classification, date of hire,
 4                                  religious affiliation for which exception is claimed, and a
 5                                  statement indicating to the employee that his or her
 6                                  signature indicated he or she is and has been a member of
 7                                  the religious organization named and that organization will
 8                                  not permit payment of dues or fees to an employee
 9                                  organization. The Association may require such other proof
10                                  as it deems necessary to assure the validity of the claim and
11                                  request. The request form shall be forwarded to the
12                                  Association within five (5) days of its completion by the
13                                  employee.
14
15                                  11.2.2.2       If the Association determines a unit
16                                  member's claim and request for religious exception is not
17                                  valid, the unit member and the District shall be so notified
18                                  within five (5) days that the request is rejected and dues or
19                                  service fees shall be deducted in accordance with this
20                                  Article.
21
22   11.3           Hold Harmless Clause.          The Association shall indemnify and hold
23   the District harmless from any and all claims, demands or suits, or any other action
24   arising from the operation of the Article.
25
26
27
28
29
30
31



                                                                                                  51
 1                       ARTICLE 12 -- GRIEVANCE PROCEDURE
 2
 3   12.1          The purpose of this grievance procedure is to provide, at the lowest
 4   administrative level, a means by which a grievance may be resolved in an equitable,
 5   efficient manner in an atmosphere of courtesy and cooperation.
 6
 7   12.2          Since it is important that grievances be processed as rapidly as possible,
 8   the number of days indicated at each level should be considered as maximum, and every
 9   effort should be made to expedite the process. The time limits may be extended by
10   mutual consent.
11
12   12.3          Grievance hearings and meetings shall be conducted at a time that will
13   provide an opportunity for the aggrieved party and all parties of interest to be present.
14   When mutually scheduled hearings are held during the workday, parties of interest and
15   one (1) job representative, if required, shall be excused without loss of pay or other
16   benefits.
17
18   12.4          The aggrieved party shall be present at all meetings and hearings and may
19   be represented by his or her Association representative and/or Labor Relations
20   Representative at all meetings and hearings during the grievance procedure.
21
22   12.5          Definitions:
23
24                 12.5.1         Grievant shall mean an individual employee in the
25                 bargaining unit, a group of employees having the same grievance, or the
26                 Association alleging a grievance.
27
28                 12.5.2         Grievance is a claim by a grievant that there has been a
29                 violation of the contract.
30
31



                                                                                             52
 1                  12.5.3            Working day is defined as a regular working day for the
 2                  grievant.
 3
 4                  12.5.4            Parties of Interest are the person or persons making the
 5                  claim and any person or persons whom might be required to take action or
 6                  against whom action might be taken in order to resolve the claim.
 7
 8                  12.5.5            Job Representative is defined as the District employee
 9                  designated by the Association to assist the grievant in the grievance
10                  processing.
11
12   12.6           Grievance Resolution.            Grievances will be processed in accordance
13   with the following steps:
14
15                  12.6.1            Informal Resolution.          Any member of the
16                  bargaining unit who believes he or she has a grievance may present the
17                  grievance orally to the site manager within twenty (20) working days after
18                  the grievant knew, or with reasonable diligence would have known, of the
19                  circumstances which formed the basis for the grievance. The manager may
20                  hold a conference and attempt to resolve the matter within five (5)
21                  working days after the presentation of the grievance. If the bargaining unit
22                  member or the site manager prefers not to hold a personal conference, the
23                  grievant must go to Step I of the formal level of the grievance procedure.
24                  It is the intent of this Section that an opportunity be provided for at least
25                  one (1) personal conference between the aggrieved member of the
26                  bargaining unit and the site manager. Although this personal conference is
27                  permissive and may be passed by at the request of either the bargaining
28                  unit member or the site manager, it is highly recommended by the District
29                  and the Association that an attempt be made to resolve the matter at the
30                  informal level.
31



                                                                                                    53
 1   12.6.2   Formal Level
 2
 3            12.6.2.1        Step I.         If the grievance is not settled
 4            during the informal conference or an informal conference
 5            was not held and the grievant wishes to pursue the matter,
 6            the grievant shall present the grievance, in writing, to the
 7            site manager within five (5) working days after the oral
 8            decision by the manager, if an informal conference was
 9            held, or within twenty (20) working days after the grievant
10            knew or with reasonable diligence would have known of
11            the circumstances, which formed the basis for the
12            grievance, if an informal conference was not held. The
13            written information shall include:
14
15                           a.      A description of the specific grounds
16                           of the grievance including names, dates, and
17                           places necessary for complete understanding
18                           of the grievance.
19
20                           b.         A listing of the provisions of this
21                           Agreement, which are alleged to have been
22                           violated.
23
24                           c.         A listing of the specific action(s)
25                           requested of the District which will remedy
26                           the grievance. The site manager shall
27                           communicate a decision to the grievant in
28                           writing within twenty (20) working days
29                           after receiving the grievance with a copy to
30                           the Association. Within the above
31                           mentioned time limits, either party may



                                                                              54
 1                                     request a personal conference with the other
 2                                     party.
 3
 4   If the site manager does not respond within the time limits, the grievance will
 5   not be deemed to have been resolved and the next step of this procedure shall
 6   be initiated.
 7
 8                     12.6.2.2        Step II.        If the grievance is not
 9                     resolved at the building level, the grievant may appeal by
10                     forwarding the grievance in writing to the Superintendent
11                     within five (5) working days after he or she has received
12                     the site manager's decision or, if the manager has not
13                     responded at Step I, within five (5) working days after the
14                     deadline for response in Step I. If the grievant does not
15                     appeal the site manager's decision or non-response within
16                     five (5) working days, the grievance is deemed to be
17                     resolved.
18
19                     The written statement shall include a copy of the original
20                     grievance including the decision rendered, and a clear,
21                     concise statement of the reasons for the appeal. The
22                     Superintendent or designee shall meet with the grievant
23                     within ten (10) working days and shall attempt to arrive at a
24                     satisfactory solution. The Superintendent or designee shall
25                     communicate his or her decision in writing to the grievant
26                     with a copy to the Association within ten (10) working days
27                     after the meeting.
28
29                     12.6.2.3        Step III.       In the event that the
30                     grievance is not satisfactorily adjusted at Step II, the
31                     grievant may appeal the decision in writing within twenty



                                                                                    55
 1   (20) working days to CSEA Chapter 497. If the Association
 2   concurs with the grievant's request for arbitration, the
 3   Association shall within ten (10) working days of the
 4   grievant's request for arbitration submit a written request
 5   for arbitration to the Superintendent.
 6
 7   The Association and the District shall attempt to mutually
 8   select an arbitrator. If an arbitrator is not mutually selected
 9   within ten (10) working days, the parties shall request a
10   panel of five (5) arbitrators' names from the State
11   Conciliation Service. Parties shall alternately strike names
12   from the panel. Striking order shall be determined by lot.
13
14   The fees and expenses of the arbitrator shall be borne
15   equally by the District and the Association. All other
16   expenses, including fees and costs of witnesses and
17   conferees, shall be borne by the party incurring them. The
18   arbitrator shall have no power to add to, subtract from, or
19   modify the terms of this Agreement. The arbitrator's
20   recommendation(s) resulting from this procedure shall be
21   advisory only and not binding on the Board.
22
23
24
25
26
27
28
29
30
31



                                                                   56
 1                       ARTICLE 13 -- COMPLAINT PROCEDURE
 2
 3   13.1           Employees shall have the right to register concerns over implementation
 4   of Board Policy and Administrative Regulations. The procedure of expressing such
 5   concerns shall be as follows:
 6
 7                  13.1.1           The employee shall register concerns through a personal
 8                  conference with the immediate supervisor.
 9
10                  13.1.2           If the employee is dissatisfied with the resolution of the
11                  concerns by the immediate supervisor, the employee may take the
12                  concerns to the next highest supervisor. The next highest supervisor shall
13                  conference with the concerned employee.
14
15                  13.1.3           If the employee is dissatisfied with the resolution of the
16                  concerns by the next highest supervisor, the employee may take the
17                  concerns to the Superintendent who will take the issue(s) to the Board if
18                  necessary. The Board shall examine information submitted in written form
19                  and may conference with the employee when in its opinion such a
20                  conference is necessary to a resolution.
21
22   13.2           The determination of the Board is final.
23
24
25
26
27
28
29
30
31



                                                                                                  57
 1                         ARTICLE 14 -- CONCERTED ACTIVITIES
 2
 3   14.1            Definition.           It is agreed and understood that there will be no
 4   strike, work stoppage, slowdown, picketing, or refusal or failure to fully and faithfully
 5   perform job functions and responsibilities, or other interference with the operations of the
 6   District by the Association or by its officers, agents, or members during the term of this
 7   Agreement, including compliance with the request of other labor organizations to engage
 8   in such activities.
 9
10   14.2            Obligation of Association.           The Association recognizes the duty
11   and obligation of its representatives to comply with the provisions of the Agreement and
12   to make every effort toward inducing all members of the bargaining unit to do so. In the
13   event of a strike, work stoppage, slowdown, or other interference with the operations of
14   the District by members of the bargaining unit, the Association agrees in good faith to
15   take all necessary steps to cause those members to cease such action.
16
17   14.3            During the term of this Agreement, the District agrees not to lock out
18   members of the bargaining unit.
19
20   14.4            It is agreed and understood that any members of the bargaining unit
21   violating this Article shall be deemed insubordinate and may be subject to disciplinary
22   action.
23
24
25
26
27
28
29
30
31



                                                                                              58
 1                ARTICLE 15 -- LAYOFF AND REDUCTION IN HOURS
 2
 3   15.1          The District shall notify the Association in writing of any intention to
 4   layoff or reduce the hours of bargaining unit members.
 5
 6   15.2          Within ten (10) working days of notification, the Association shall
 7   respond of its intent to negotiate the decision to reduce hours, the effects of such
 8   reduction, and/or the effects of layoff.   Prior to public notice, the District and the
 9   Association shall meet within ten (10) working days after the notification (Consistent
10   with Healdsburg Case #375).
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31



                                                                                         59
 1               ARTICLE 16 -- SAFETY CONDITIONS OF EMPLOYMENT
 2
 3   The District agrees to provide safety training as described in this article.
 4
 5   16.1           It is the obligation of the District to provide safe working conditions for
 6   members of the unit.
 7
 8   16.2           All bargaining unit members shall maintain safe and sanitary conditions in
 9   their work areas of responsibility.
10
11   16.3           All unit members will report to their immediate supervisor any practice,
12   condition, or specific occurrence which poses a threat to the health or safety of any
13   person associated with the District.
14
15   16.4           Any such incident or safety report shall be made on a duly authorized
16   form provided by the District and given to the District. The form will include the date
17   given to the District noting a timely response due within 10 (10) working days. See
18   Exhibit (Safety Form) as Appendix H.
19
20   16.5           Tools.          The District agrees to provide all tools, equipment and
21   supplies reasonably necessary to bargaining unit employees for performance of
22   employment duties.
23
24                  16.5.1          Notwithstanding the above sentence, if an employee in the
25                  bargaining unit is authorized, by his or her supervisor, in writing, to
26                  provide or use tools or equipment belonging to the employee for use in the
27                  course of employment, the District agrees to provide a safe place to store
28                  the tools and equipment and agrees to pay for any loss or damages or for
29                  the replacement cost of the tools other than replacement resulting from
30                  normal wear and tear. All tools must be registered with and inspected by
31                  the District to comply with safety regulations.



                                                                                            60
 1
 2   16.6          No Discrimination.             No member of the unit shall be in any way
 3   discriminated against as a result of reporting any condition believed to be a health or
 4   accident hazard.
 5
 6   16.7          Uniforms.                      The District shall provide uniforms to
 7   members of the bargaining unit under the following provisions:
 8
 9                 16.7.1         Food services, maintenance workers, groundskeepers,
10                 custodians, and warehouse workers will be required to wear a
11                 District-designed shirt. The shirt will be provided by the District,
12                 sufficient for a weekly change. Replacement garments will be provided
13                 upon presentation of prior issue.
14
15                 16.7.2         Food Service employees shall be given an amount of $200
16                 per person per school year as a clothing allowance.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31



                                                                                           61
 1                       ARTICLE 17 -- PROFESSIONAL GROWTH
 2
 3   This Article will be given to the Professional Growth Committee to work on and bring
 4   back to the Negotiations Table when completed. The proposed changes below are
 5   suggestions to the Committee and more clarification throughout the article is necessary.
 6
 7   17.1           The Professional Growth Program is an incentive program designed to
 8   increase knowledge, improve skills, and develop efficiency among the classified service.
 9   The program is voluntary.
10
11   17.2           Eligibility for Participation.        All regular, including probationary,
12   employees are eligible to participate in the Professional Growth Program.
13
14                  17.2.1          The coursework must be completed while an employee of
15                  the District and be relevant to the employee’s current position or assist the
16                  employee to improve their education (towards a degree) or to enable them
17                  to promote within the District.
18
19   17.3           Management of Program.                The    Director   of   the   Classified
20   Human Resources Office shall be responsible for administering the program. Files of unit
21   members participating in the program shall be maintained in that office.
22
23   17.4           Professional Growth Increments.       Fifteen (15) points earn one (1)
24   increment. Increments shall be used as an annual stipend of $300.
25
26   17.5           Professional Growth Committee.        The Committee shall consist of a
27   maximum of five (5) representatives of various job families appointed by CSEA and the
28   Director of the Classified Human Resources Office or designee.
29
30                  17.5.1          The committee members shall serve a term of two (2)
31                  years. CSEA appointed members shall serve at the discretion of CSEA.



                                                                                               62
 1
 2          17.5.2         The Director of the Classified Human Resources Office
 3          shall be the permanent chair of the committee.
 4
 5          17.5.3         Minutes shall be recorded for each meeting.
 6
 7          17.5.4         Duties of the Committee shall be:
 8
 9                         17.5.4.1        Evaluate applications submitted by
10                         employees for appropriate credit.
11
12                         17.5.4.2        To review any challenge of points awarded
13                         an employee.
14
15                         17.5.4.3        To recommend revisions to Article 17.
16
17   17.6   Standards, Guidelines and Point Eligibility for Program Participation
18
19          17.6.1         Points may be earned by participating in college courses,
20          adult school courses, correspondence courses, and trade schools. All
21          professional growth candidates taking courses must obtain a passing grade
22          of ―C‖ or better, a certificate of satisfactory completion of a course, or a
23          grade of ―Pass‖ in a course which does not provide a letter grade, in order
24          to receive points for the course. Adult school courses earn one (1) point
25          for each eighteen (18) hours in a semester. Correspondence courses will
26          earn points as determined by the Committee. Points for semester or
27          quarter college course work will be based on the following chart:
28
29




                                                                                           63
 1                    COLLEGE COURSE CRITERIA
 2
     Semester Units             Quarter Units             Points Earned
                                      1                        .67
              1                                                1.00
                                      2                        1.33
              2                       3                        2.00
                                      4                        2.67
              3                                                3.00
                                      5                        3.33
              4                       6                        4.00
 3
 4   17.6.2            District-sponsored workshops, in-service programs,
 5   institute lectures, demonstration programs or attendance at educational
 6   conferences and will receive points based on the following chart:
 7
                        Hours                   Points
                          1                     .063
                          2                     .125
                          3                     .188
                          4                     .250
                          5                     .313
                          6                     .375
                          7                     .438
                          8                     .500
 8
 9
10
11
12
13


                                                                               64
 1   17.6.3         Committee members of an approved committee, including,
 2   but not limited to Professional Growth, District Safety, Negotiations,
 3   Budget or Labor/Management shall be equated as follows:
 4
                    Hours                      Points
                         1                      .063
                         2                      .125
                         3                      .188
                         4                      .250
                         5                      .313
                         6                      .375
                         7                      .438
                         8                      .500
 5
 6
 7   17.6.4         Employee must submit evidence of satisfactory completion
 8   of coursework and/or non-course work on the form provided by the
 9   Committee     and       with   the   appropriate    supporting    documentation.
10   Supporting documentation shall include, but not be limited to the
11   following: official transcript verifying grade, units or hours, and
12   completion date; certificate of completion verifying dates; conferences
13   and/or     workshop       program     agenda       indicating    time   schedule,
14   correspondence course description brochure, or official attendance
15   records.
16
17   17.6.5         Points will not be given to an employee who is on leave of
18   absence without pay from the District to become a full-time or part-time
19   student.
20
21   17.6.6         The Superintendent may approve other courses or District
22   Committee participation for credit.


                                                                                   65
 1
 2   17.7   Credits for Participation.     Credits will be equated as follows:
 3
 4          17.7.1         College course credits will be based upon one (1) quarter
 5          unit earning .67 credit and one (1) semester unit earning one (1) credit (see
 6          Appendix D). Adult School courses earn one (1) credit for each eighteen
 7          (18) hours in a semester. Correspondence courses will earn credits as
 8          determined by the Committee.
 9
10          17.7.2         District-sponsored workshops or in-services earn .50 credit
11          for each eight (8) hours of participation.
12
13          17.7.3         Institute lectures or demonstration programs earn .50 credit
14          for each eight (8) hours.
15
16          17.7.4         Educational conferences that verify learning programs in a
17          special field related to the employee's job earn .50 credit for each eight (8)
18          hours.
19
20          17.7.5         Completion of each course must be verified by official
21          transcript, grade card, attendance or other means.
22
23          17.7.6         Full-time students are excluded.
24
25   17.8   Limitations.
26
27          17.8.1         Courses may not be repeated unless the Committee grants
28          special permission. Such repeat courses must contain different subject
29          matter.
30




                                                                                        66
 1   17.8.2         Participants in the Professional Growth Program must
 2   submit evidence of completion of coursework within one (1) calendar year
 3   from the date of the completion of the course in order to receive
 4   professional growth points for the coursework.
 5
 6   17.8.3         Each bargaining unit member must submit an application
 7   on District forms outlining the course of study by March 1 and/or
 8   September 30th of each year.
 9
10   17.8.4         Payment of increments shall be submitted to payroll and
11   payment shall be made on the September warrant.
12
13   17.8.5         Points will not be granted when the participation is during
14   regular working hours except as noted on 17.6.3.
15
16   17.8.6         Each member must submit an application on District forms
17   outlining the course of study by June 10 of each year.
18
19   17.8.7         No more than ten (10) bargaining unit members per year
20   may qualify to receive the increment. If more than ten (10) are eligible, the
21   increment will be based upon seniority. Once an employee qualifies for an
22   increment, the five (5) year qualifying period is waived.
23
24   17.8.8         Credits will not be granted for courses or conferences
25   attended during work time.
26
27
28
29
30
31



                                                                               67
 1                          ARTICLE 18 -- SAVINGS PROVISIONS
 2
 3   If any provisions of this Agreement are held to be contrary to law by the final decision of
 4   a court of competent jurisdiction or the Public Employment Relations Board (PERB),
 5   such provisions will not be deemed valid and subsisting except to the extent permitted by
 6   law, but all other provisions will continue in full force and effect.
 7
 8                        ARTICLE 19 -- SUPPORT OF AGREEMENT
 9
10   The District and the Association agree that it is to their mutual benefit to encourage the
11   resolution of differences through the meet and negotiation process except by mutual
12   agreement of the District and the Association.
13
14                        ARTICLE 20 -- EFFECT OF AGREEMENT
15
16   It is understood and agreed that the specific provisions contained in this Agreement shall
17   prevail over District practices and procedures and over State laws to the extent permitted
18   by State law, and that in the absence of specific provisions in this Agreement such
19   practices and procedures are discretionary with the District.
20
21                                     ARTICLE 21 -- TERM
22
23   21.1           Length of Agreement. This Agreement shall be in full force and effect
24   from November 1, 2008 through October 31, 2011.
25
26   21.2           Reopener. During the term of this Agreement, either party may annually
27   reopen one (1) additional Article each excluding Article 5, Compensation and Article 6,
28   Benefits. By mutual agreement, the parties may negotiate additional articles.
29
30




                                                                                             68
                     APPENDIX A -- CLASSIFIED SALARY SCHEDULE
                                  (Article 5—Section 5.1)

RANGE   ACCOUNTING                                 RANGE   INSTRUCTIONAL (cont.)
23.75   Senior Accounting Technician               11.00   Inst. Asst.-Special Ed. SH Bil.
19.25   Attendance Accounting Specialist           11.00   Instructional Assistant-ASP Bil.
17.25   Accounting Technician                      11.00   Child Care Assistant – Bil.
13.75   Attendance Technician                      10.50   Instructional Assistant-Special Ed SH
13.75   Accounting Assistant                       10.50   Instructional Assistant
13.75   Accounting Assistant–Food Services         10.50   Instructional Assistant-ASP
13.75   School Accounting Assistant                10.50   Instructional Assistant-Special Ed.
12.75   Account Clerk I                            10.50   Child Care Asst I

RANGE   CLERICAL/SECRETARIAL                       RANGE   LIBRARY
18.25   Administrative Secretary                   19.00   Library Educational Specialist
16.25   Data Services Specialist                   13.75   Library Assistant II
16.25   Secretary                                  11.00   Library Assistant I
15.50   School Office Manager
15.00   Translator                                 RANGE   MAINTENANCE
12.75   Data Entry Clerk                           19.50   Skilled Maintenance Technician
11.75   Clerical Assistant II                      18.00   Skilled Maintenance Worker
10.75   Clerical Assistant I                       16.50   Maintenance Worker II
10.75   Attendance Assistant                       14.50   Maintenance Worker I
                                                   13.50   WarehouseWorker/Delivery Driver
RANGE   CHILD NUTRITION SERVICES
14.50   Child Nutrition Services Coordinator       RANGE   OPERATIONS
12.50   Child Nutrition Satellite Manager          15.50   Lead Custodian
10.25   Child Nutrition Services Assistant II      14.50   Grounds Maintenance Worker
 9.25   Child Nutrition Services Assistant I       14.00   Custodian

RANGE   HUMAN RESOURCES                            RANGE   STUDENT SERVICES
23.25   Employee Benefits & Risk Coordinator       27.25   Occupational Therapist
19.00   Human Resources Specialist-Classified      22.25   After School Program Coordinator
19.00   Human Resources Tech.-Certificated         22.25   School Violence Prevention Coor.
14.25   Human Resources Assistant                  22.25   District Safety/Disaster Coordinator
13.75   Clerical Assistant III-Human Resources     21.50   Outreach Consultant
10.75   Human Resources Clerk                      15.75   Specialized Health Care Technician
                                                   14.00   Migrant Education Program Assistant
RANGE   INSTRUCTIONAL                              13.75   Health Specialist
17.00   Technology Services Specialist             13.75   Parent Liaison-Bil.
16.00   Resource Serv. Specialist-Art              12.75   Special Programs Assistant
16.00   Resource Serv. Specialist-Computer         11.75   Migrant Ed. Recruiter
16.00   Resource Serv. Specialist-Music             9.25   Campus Safety Assistant
16.00   Resource Serv. Specialist-P.E.              9.25   Locker Room Attendant/Campus Asst.
14.75   Certified Speech/Lang Pathology Asst.       9.25   Child Care Services Assistant-Bil.
12.50   Inst. Asst. Specialized Serv. SH Bil.
12.25   Community Program Assistant                RANGE   TECHNOLOGY
11.25   After School Program Leader                22.25   District Technology Coordinator
11.25   Computer Resources Assistant               21.25   Network Technician
11.25   Instructional Assistant-I.S.S.
11.25   Instructional Assistant-ODC
11.00   Instructional Assistant Bilingual
11.00   Instructional Assistant-Special Ed. Bil.
11.00   Instructional Asst.-Sp. Ed. Speech Bil.
                                                                              WORD/misc/sal-sched class
                                                                                        Revised 11/08

                                                                                                   70
                              APPENDIX A -- CLASSIFIED SALARY SCHEDULE continued
                                               (Article 5—Section 5.1)


RANGE      STEP 1                STEP 2                STEP 3                STEP 4                STEP 5
NO.      MONTH       HOUR      MONTH       HOUR      MONTH       HOUR      MONTH       HOUR      MONTH       HOUR

28.00   $ 5,471.25   $31.58   $ 5,744.82   $33.14   $ 6,032.05   $34.80   $ 6,333.65   $36.53   $ 6,650.33   $38.37

27.75   $ 5,406.05   $31.19   $ 5,676.36   $32.76   $ 5,960.17   $34.38   $ 6,258.18   $36.10   $ 6,571.09   $37.91

27.50   $ 5,340.93   $30.83   $ 5,607.98   $32.36   $ 5,888.38   $33.97   $ 6,182.79   $35.67   $ 6,491.93   $37.46

27.25   $ 5,275.83   $30.44   $ 5,539.62   $31.96   $ 5,816.58   $33.56   $ 6,107.43   $35.24   $ 6,412.79   $37.00

27.00   $ 5,210.72   $30.09   $ 5,471.25   $31.58   $ 5,744.82   $33.14   $ 6,032.05   $34.80   $ 6,333.65   $36.53

26.75   $ 5,148.61   $29.71   $ 5,406.05   $31.19   $ 5,676.36   $32.75   $ 5,960.17   $34.38   $ 6,258.18   $36.10

26.50   $ 5,086.60   $29.35   $ 5,340.93   $30.83   $ 5,607.98   $32.36   $ 5,888.38   $33.97   $ 6,182.79   $35.67

26.25   $ 5,024.61   $28.99   $ 5,275.84   $30.44   $ 5,539.62   $31.96   $ 5,816.60   $33.60   $ 6,107.43   $35.24

26.00   $ 4,962.59   $28.66   $ 5,210.72   $30.09   $ 5,471.25   $31.58   $ 5,744.82   $33.14   $ 6,032.05   $34.80

25.75   $ 4,903.44   $28.29   $ 5,148.61   $29.70   $ 5,406.05   $31.19   $ 5,676.36   $32.75   $ 5,960.17   $34.38

25.50   $ 4,844.39   $27.95   $ 5,086.60   $29.34   $ 5,340.93   $30.83   $ 5,607.98   $32.36   $ 5,888.38   $33.97

25.25   $ 4,785.34   $27.61   $ 5,024.61   $28.99   $ 5,275.84   $30.44   $ 5,539.62   $31.96   $ 5,816.60   $33.60

25.00   $ 4,726.27   $27.29   $ 4,962.59   $28.66   $ 5,210.72   $30.09   $ 5,471.25   $31.58   $ 5,744.82   $33.14

24.75   $ 4,669.95   $26.95   $ 4,903.44   $28.29   $ 5,148.61   $29.70   $ 5,406.05   $31.19   $ 5,676.36   $32.76

24.50   $ 4,613.69   $26.62   $ 4,844.39   $27.95   $ 5,086.60   $29.35   $ 5,340.93   $30.83   $ 5,607.98   $32.36

24.25   $ 4,557.47   $26.30   $ 4,785.34   $27.61   $ 5,024.61   $28.99   $ 5,275.84   $30.44   $ 5,539.62   $31.96

24.00   $ 4,501.19   $26.00   $ 4,726.27   $27.29   $ 4,962.59   $28.66   $ 5,210.72   $30.09   $ 5,471.25   $31.58

23.75   $ 4,447.57   $25.66   $ 4,669.95   $26.94   $ 4,903.44   $28.29   $ 5,148.61   $29.70   $ 5,406.04   $31.19

23.50   $ 4,394.01   $25.35   $ 4,613.69   $26.62   $ 4,844.39   $27.95   $ 5,086.60   $29.34   $ 5,340.93   $30.83

23.25   $ 4,340.44   $25.04   $ 4,557.47   $26.29   $ 4,785.34   $27.61   $ 5,024.61   $28.99   $ 5,275.84   $30.44

23.00   $ 4,286.86   $24.73   $ 4,501.19   $26.00   $ 4,726.27   $27.29   $ 4,962.59   $28.66   $ 5,210.72   $30.09

22.75   $ 4,235.79   $24.43   $ 4,447.57   $25.66   $ 4,669.95   $26.95   $ 4,903.45   $28.29   $ 5,148.61   $29.70

22.50   $ 4,184.77   $24.14   $ 4,394.01   $25.35   $ 4,613.69   $26.62   $ 4,844.39   $27.95   $ 5,086.60   $29.35

22.25   $ 4,133.75   $23.85   $ 4,340.44   $25.04   $ 4,557.47   $26.29   $ 4,785.34   $27.61   $ 5,024.61   $28.99

22.00   $ 4,082.74   $23.56   $ 4,286.86   $24.73   $ 4,501.19   $26.00   $ 4,726.27   $27.29   $ 4,962.59   $28.66

21.75   $ 4,034.09   $23.28   $ 4,235.79   $24.43   $ 4,447.57   $25.66   $ 4,669.95   $26.95   $ 4,903.45   $28.29

21.50   $ 3,985.50   $22.99   $ 4,184.76   $24.14   $ 4,394.00   $25.35   $ 4,613.69   $26.62   $ 4,844.39   $27.95

21.25   $ 3,936.90   $22.71   $ 4,133.75   $23.85   $ 4,340.44   $25.04   $ 4,557.47   $26.29   $ 4,785.34   $27.61

21.00   $ 3,888.31   $22.44   $ 4,082.74   $23.56   $ 4,286.86   $24.74   $ 4,501.19   $26.00   $ 4,726.27   $27.29

20.75   $ 3,841.99   $22.17   $ 4,034.09   $23.28   $ 4,235.79   $24.43   $ 4,447.57   $25.66   $ 4,669.95   $26.95

20.50   $ 3,795.70   $21.90   $ 3,985.50   $22.99   $ 4,184.76   $24.14   $ 4,394.00   $25.35   $ 4,613.69   $26.62

20.25   $ 3,749.43   $21.63   $ 3,936.90   $22.71   $ 4,133.75   $23.85   $ 4,340.44   $25.04   $ 4,557.47   $26.29

20.00   $ 3,703.16   $21.36   $ 3,888.31   $22.43   $ 4,082.74   $23.55   $ 4,286.86   $24.73   $ 4,501.19   $26.00

19.75   $ 3,659.02   $21.11   $ 3,841.99   $22.17   $ 4,034.09   $23.28   $ 4,235.79   $24.43   $ 4,447.57   $25.66

19.50   $ 3,614.96   $20.86   $ 3,795.70   $21.90   $ 3,985.50   $22.99   $ 4,184.76   $24.14   $ 4,394.00   $25.35

19.25   $ 3,570.88   $20.60   $ 3,749.43   $21.63   $ 3,936.90   $22.71   $ 4,133.75   $23.85   $ 4,340.44   $25.04

19.00   $ 3,526.80   $20.35   $ 3,703.16   $21.36   $ 3,888.31   $22.43   $ 4,082.74   $23.55   $ 4,286.86   $24.73

18.75   $ 3,484.78   $20.11   $ 3,659.02   $21.11   $ 3,841.99   $22.17   $ 4,034.09   $23.28   $ 4,235.79   $24.43

18.50   $ 3,442.82   $19.86   $ 3,614.96   $20.86   $ 3,795.70   $21.90   $ 3,985.50   $22.99   $ 4,184.76   $24.14

                                                                                                                      71
                              APPENDIX A -- CLASSIFIED SALARY SCHEDULE continued
                                               (Article 5—Section 5.1)
RANGE       STEP 1                STEP 2               STEP 3                STEP 4                STEP 5
NO.     MONTH         HOUR      MONTH      HOUR      MONTH        HOUR     MONTH        HOUR     MONTH        HOUR


18.25   $ 3,400.83   $19.62   $ 3,570.88   $20.60   $ 3,749.43   $21.63   $ 3,936.90   $22.71   $ 4,133.75   $23.85
18.00   $ 3,358.86   $19.38   $ 3,526.80   $20.35   $ 3,703.16   $21.36   $ 3,888.31   $22.43   $ 4,082.74   $23.55
17.75   $ 3,318.85   $19.15   $ 3,484.78   $20.11   $ 3,659.02   $21.11   $ 3,841.99   $22.17   $ 4,034.10   $23.28
17.50   $ 3,278.87   $18.91   $ 3,442.82   $19.86   $ 3,614.96   $20.86   $ 3,795.70   $21.90   $ 3,985.50   $22.99
17.25   $ 3,238.88   $18.69   $ 3,400.83   $19.62   $ 3,570.88   $20.60   $ 3,749.43   $21.63   $ 3,936.90   $22.71
17.00   $ 3,198.91   $18.46   $ 3,358.86   $19.38   $ 3,526.80   $20.35   $ 3,703.16   $21.36   $ 3,888.31   $22.43
16.75   $ 3,160.80   $18.23   $ 3,318.85   $19.14   $ 3,484.78   $20.11   $ 3,659.02   $21.11   $ 3,841.99   $22.17
16.50   $ 3,122.75   $18.02   $ 3,278.87   $18.92   $ 3,442.82   $19.86   $ 3,614.96   $20.86   $ 3,795.70   $21.90
16.25   $ 3,084.66   $17.80   $ 3,238.88   $18.69   $ 3,400.83   $19.62   $ 3,570.88   $20.60   $ 3,749.43   $21.63
16.00   $ 3,046.58   $17.58   $ 3,198.91   $18.46   $ 3,358.86   $19.38   $ 3,526.80   $20.35   $ 3,703.16   $21.36
15.75   $ 3,010.30   $17.37   $ 3,160.80   $18.24   $ 3,318.85   $19.15   $ 3,484.78   $20.10   $ 3,659.02   $21.11
15.50   $ 2,974.03   $17.16   $ 3,122.75   $18.02   $ 3,278.87   $18.92   $ 3,442.82   $19.86   $ 3,614.96   $20.86
15.25   $ 2,937.76   $16.95   $ 3,084.66   $17.80   $ 3,238.88   $18.69   $ 3,400.83   $19.62   $ 3,570.88   $20.60
15.00   $ 2,901.51   $16.74   $ 3,046.58   $17.58   $ 3,198.91   $18.46   $ 3,358.86   $19.38   $ 3,526.80   $20.35
14.75   $ 2,866.95   $16.54   $ 3,010.30   $17.37   $ 3,160.80   $18.24   $ 3,318.85   $19.15   $ 3,484.78   $20.11
14.50   $ 2,832.41   $16.34   $ 2,974.03   $17.16   $ 3,122.75   $18.02   $ 3,278.87   $18.92   $ 3,442.82   $19.86
14.25   $ 2,797.86   $16.14   $ 2,937.76   $16.95   $ 3,084.66   $17.80   $ 3,238.88   $18.69   $ 3,400.83   $19.62
14.00   $ 2,763.34   $15.94   $ 2,901.51   $16.74   $ 3,046.58   $17.58   $ 3,198.91   $18.46   $ 3,358.86   $19.38
13.75   $ 2,730.42   $15.75   $ 2,866.95   $16.54   $ 3,010.30   $17.37   $ 3,160.80   $18.24   $ 3,318.85   $19.15
13.50   $ 2,697.52   $15.56   $ 2,832.41   $16.34   $ 2,974.03   $17.16   $ 3,122.75   $18.02   $ 3,278.87   $18.92
13.25   $ 2,664.64   $15.37   $ 2,797.86   $16.14   $ 2,937.76   $16.94   $ 3,084.66   $17.80   $ 3,238.88   $18.69
13.00   $ 2,631.76   $15.19   $ 2,763.34   $15.95   $ 2,901.51   $16.74   $ 3,046.58   $17.57   $ 3,198.91   $18.46
12.75   $ 2,600.41   $15.00   $ 2,730.42   $15.75   $ 2,866.95   $16.54   $ 3,010.30   $17.37   $ 3,160.80   $18.24
12.50   $ 2,569.07   $14.82   $ 2,697.52   $15.56   $ 2,832.41   $16.34   $ 2,974.03   $17.16   $ 3,122.75   $18.02
12.25   $ 2,537.76   $14.64   $ 2,664.64   $15.37   $ 2,797.86   $16.14   $ 2,937.76   $16.95   $ 3,084.66   $17.80
12.00   $ 2,506.42   $14.47   $ 2,631.76   $15.18   $ 2,763.34   $15.94   $ 2,901.51   $16.74   $ 3,046.58   $17.58
11.75   $ 2,476.58   $14.29   $ 2,600.41   $15.00   $ 2,730.42   $15.75   $ 2,866.95   $16.54   $ 3,010.30   $17.37
11.50   $ 2,446.73   $14.11   $ 2,569.07   $14.82   $ 2,697.53   $15.56   $ 2,832.41   $16.34   $ 2,974.04   $17.16
11.25   $ 2,416.91   $13.94   $ 2,537.76   $14.64   $ 2,664.64   $15.37   $ 2,797.86   $16.14   $ 2,937.76   $16.95
11.00   $ 2,387.07   $13.77   $ 2,506.42   $14.46   $ 2,631.76   $15.18   $ 2,763.34   $15.94   $ 2,901.51   $16.74
10.75   $ 2,358.64   $13.61   $ 2,476.58   $14.29   $ 2,600.41   $15.00   $ 2,730.42   $15.75   $ 2,866.95   $16.54
10.50   $ 2,330.23   $13.44   $ 2,446.73   $14.12   $ 2,569.07   $14.82   $ 2,697.53   $15.56   $ 2,832.41   $16.34
10.25   $ 2,301.82   $13.28   $ 2,416.91   $13.94   $ 2,537.76   $14.64   $ 2,664.64   $15.37   $ 2,797.86   $16.14
10.00   $ 2,275.44   $13.13   $ 2,387.07   $13.77   $ 2,506.42   $14.46   $ 2,631.76   $15.18   $ 2,763.34   $15.94
9.75    $ 2,247.34   $12.97   $ 2,358.64   $13.61   $ 2,476.57   $14.29   $ 2,600.40   $15.00   $ 2,730.42   $15.75
9.50    $ 2,219.60   $12.81   $ 2,330.23   $13.44   $ 2,446.73   $14.11   $ 2,569.07   $14.82   $ 2,697.53   $15.56
9.25    $ 2,192.20   $12.65   $ 2,301.82   $13.28   $ 2,416.91   $13.94   $ 2,537.76   $14.64   $ 2,664.64   $15.37




                                                                                                                      72
 1                  APPENDIX B -- LONGEVITY SERVICE SCHEDULE
 2                                    (Article 5 – Section 5.3)
 3   The current salary schedule shall be increased for those who have served the District for
 4   five (5) or more years according to the following schedule:
 5
                 Completed Years of Service                  Monthly Stipend
                               5                                   2.0%
                               9                                   5.0%
                              13                                   7.0%
                              17                                   9.0%
                              21                                   11.0%
                              25                                   13.0%
                              29                                   15.0%
 6   For the purposes of longevity, the employee's first year of service is completed on July 1
 7   following the date of hire.
 8
 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
                                                                                             73
 1                   APPENDIX C -- DIFFERENTIAL COMPENSATION
 2                                     (Article 5 – Section 5.4)
 3   In addition to the regular rate of salary, the following differential schedules shall be in
 4   effect for all bargaining unit employees:
 5
 6          a.      Split Shift: Five percent (5%) for an unpaid lunch period in excess of one
 7          (1) hour.
 8
 9          b.      Night Shift: Five percent (5%) for a work schedule fifty percent (50%) of
10          which extends after 4:00 p.m.
11
12          c.      Bilingual: Positions so designated by the Board are to receive a two-and
13          one-half percent (2.5%) stipend.

14
15          e.      Bilingual/Biliterate: Positions so designated by the Board are to receive a
16          five percent (5%) stipend. (Refer to Article 5.4.3; Article 5.4.4; 5.4.5)
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
                                                                                                   74
 1                    APPENDIX D -- COMPENSATORY TIME OFF
 2                                   (Article 4 -- Section 4.6)
 3            Procedures To Be Followed in the Handling of Compensatory Time
 4
 1.
 5    1.   There must be an ongoing record of time earned and time used. Attached is a copy of
 6         the form to be used.
 2.
 7
 8    2.   Any time earned or redeemed must be listed as ―O‖ (Other) on a classified timesheet.
 9
10    3.   The decision as to whether the employee is to receive compensatory time or salary
11         payment needs to be made before the employee works the extra time. There must be
12         mutual agreement between the employee and the supervisor before the extra time can
13         be considered compensatory time. In addition, there must be mutual agreement
14         between the employee and the supervisor as to when the compensatory time is to be
15         taken.
16
17    4.   The supervisor needs to approve and monitor accrual of compensatory time. All
18         requests or compensatory time at the site level need to be approved by the
19         principal/site supervisor or designee. Teachers are not to be involved in granting
20         compensatory time to instructional assistants without principal approval.
21
22                    General Information Regarding Compensatory Time
23
24    1.   Compensatory time is accrued at time-and-one-half (1 and ½) only if an employee
25         works over forty (40) hours in one (1) week or eight (8) hours per day. A part-time
26         employee who works additional time, e.g., a three (3) hour/day instructional assistant
27         who works four (4) hours on a particular day would only earn one (1) hour of
28         compensatory time--not an hour-and-one-half (1 and ½).
29
30    2.   Compensatory time in excess of forty (40) hours shall be paid by payroll warrant.
31         Compensatory time accrued but unused by the end of the fiscal year shall be paid by
32         payroll warrant.

                                                                                              75
                                                                                        Name of Employee_________________________

                                                                                                        Site_________________________

                                                                                   Balance Hours Forward_________________________


                                      SANTA PAULA ELEMENTARY SCHOOL DISTRICT

                                                COMPENSATION TIME RECORD

                                         NO. HOURS      *HOURS      HOURS                        EMPLOYEE’S               SUPERVISOR’S
DATE           EXPLANATION                WORKED         AT 1.5     TAKEN     BALANCE            SIGNATURE                 SIGNATURE




   *Comp. time is accrued at time-and-one-half only if an employee has worked over forty (40) hours in one week or eight (8) hours per day
   (CSEA Agreement Article 4 – Section 4.6, Appendix D).




                                                                                                                                             76
                  APPENDIX E -- MENTOR TRAINING PROGRAM
                                   (Article 5 – Section 5.8)
Training Program Structure -- Custodians

This will meet the need to orient and train newly hired custodians and provide periodical
refresher courses for all custodians at all sites.

The training would be five (5) days in duration at the site where the custodial trainer is assigned.

Content of the Training Program:

The training will be centered around school cleanliness standards as well as the duties and
responsibilities at the school site. At a minimum, the training will consist of basic knowledge
and skills to perform such duties as: cleaning floors, including rugs; dusting and polishing
furniture and woodwork; cleaning restrooms; washing windows and walls; determining
appropriate cleaning for chalk/whiteboards; how to use and care for custodial equipment; proper
lifting techniques; setting up cafeterias and classrooms for special events or meetings; replacing
lights and energy conservation; basic methods, supplies and tools used in custodial work;
ordering supplies, tools and equipment from the Maintenance Department; filling out
maintenance work orders; developing a daily walk-through for problems; developing a daily,
weekly and monthly plan for cleaning; acceptable clothing, decorum and language; campus
security; etc.

The content will focus on those items included in Appendix A of this document.


Selection of Custodial Trainer(s):

Trainers will be selected from permanent custodian or other qualified individuals to serve for one
year. The district will post the training opportunity and provide the selection process from a
panel consisting of the Director of Maintenance and Operations, two (2) principals, and the
Director for Classified Human Resources, who will screen, interview and select from prospective
applicants for the position of custodial trainer.

Factors for selection will include: performance evaluation reports, type of service, length of
service, concept of work ethic, evidence of daily use of high work standards, capability to train
others, and additional qualities and skills deemed necessary or appropriate.

Following the selection of the trainer(s), an orientation session will be provided by the Director
of Maintenance and Operations to outline the custodial training program and responsibilities of
the trainer(s).




                                                                                                    77
               APPENDIX E – MENTOR TRAINING PROGRAM (continued)

Under normal circumstances, the regular timeline would be to post the opportunity of trainers in
April each year, selection of trainers in May, orientation in June, and begin the position the first
of July for one year (12 months). Successful applicants could apply for subsequent years.

Compensation for Custodial Trainers:

Custodial trainers will be paid $150 per person per day trained for a period not to exceed five (5)
days per newly hired custodian.

Substitutes:

New custodians receiving training will have substitutes at their school sites. The Director of
Maintenance and Operations will make such arrangements.




                                                                                                  78
                                                                           Appendix E1
                                       Custodial Training Checklist

Name of Trainee____________________________ Date Training Began _________

Name of Trainer____________________________ Date Training Ended _________

                                        Date Training   Initials of
                                         Completed       Trainer      Comments:
Rooms
a. Cleaning of light fixtures
b. Cleaning of walls
c. Cleaning of furniture
d. Cleaning of windows
e. Cleaning of
…..chalk/whiteboards
Floors
a.  Preparation and/or daily
    cleaning
b. Stripping of floors
c. Sealing/waxing
d. Carpet care/cleaning
Bathrooms
a.   Lights & walls
b.   Sinks & mirrors
c.   Urinals & toilets
d.   Floors
e.   Odor Control
Grounds
a.   Trash pick-up on grounds
b.   Trash pick-up along fence lines
c.   Walkways, parking lots, play
     areas, safety and clean up.
Security
a.  Door and window checks
b.  Final night check up
c.  Daily security; reporting
    problems
d. High value items
e. Graffiti procedure
f. Energy conservation
Food Preparation Areas
a. Bathrooms
b. Floors
c. Trash
d. Windows
Multipurpose Rooms;
Eating Areas
a. Set ups Audio System;
     Overhead Projectors
b. Lunch preparation of
    tables/benches
c. Lunch clean-up
         Trash removal
         Table cleaning
         Floor cleaning
         Surrounding grounds



                                                                                   79
                                                                         Appendix E1 continued

                                Custodial Training Checklist continued
Windows
a. Establishment of a cleaning
   schedule
b. Proper chemicals and cleaning
   procedures
c. Window ledges
Equipment Usage
Use all powered equipment (buffers,
    extractors, water vacuums,
    vacuums, shampoos, eraser
    vacuums, etc.)
Care and cleaning
Emergency Procedures:
a. Utility shut-offs (water,
    electric, gas) and locations (as
    shown on salary map) and
    related tools needed.
b. Site evacuation/disaster plans
    and custodial responsibility
c. Fire alarm system (operation
    and reset)
d. Fire extinguishers (operation
    and location)
e. Site emergency medical
    procedures & assignments
f. Intercom systems
g. Clock changes
Ordering Supplies
a.   Procedures and forms; work
     orders
b.   Types and amounts of supplies
     for assigned site
c.   Maintaining a proper supply
     inventory
Work with Student Helpers
Responsibilities
Schedule
Covering the loss of
Safety
a.   Chemical mixing
b.   Special safety items relating to
     each site
c.   Proper lifting techniques
d.   Ladder usage
e.   Clothing and decorum




                                                                                           80
              APPENDIX F – MENTOR TRAINING PROGRAM (continued)
                              (Article 5 – Section 5.8)

Training Program Structure--Office Managers

This training is designed to allow a new office manager to become functional within a short
period of time at each school site.

The training will consist of a minimum 24 hours of on-the-job training in the first 12 months and
a minimum of 6 hours of training in the second twelve months and will commence within two
weeks of the new office manager’s hire date. More hours/days may be utilized if necessary, not
to exceed a total of five (5) days of training.

Content of the Training Program:

A meeting between the trainer and the principal will provide input to any special needs or
differences at the school.

Training is to be flexible and focused on the immediate work requirements of the site depending
on the time of year (opening of school, etc.).

The content will focus on those items included in Appendix B of this document.

Selection of Office Manager Trainer(s):

A trainer will be selected from permanent office managers or other qualified individuals to serve
for one year (12 months). The district will post the training opportunity and provide the
selection process from a panel consisting of three (3) principals who will screen, interview and
select from prospective applicants for the position of office manager trainer.

Factors for selection will include: performance evaluation reports, types of experience, concept
of work ethic, evidence of daily use of high work standards, capability to train others, and
additional qualities and skills deemed necessary or appropriate.

Under normal circumstances, the regular timeline would be to post the opportunity of trainers in
April each year, selection of trainers in May, orientation in June, and begin the position the first
of July for one year (12 months). Successful applicants could apply for subsequent years.

Compensation for Office Manager Trainer:

The trainer will receive a daily rate stipend of $150 for each 8 hours of training for a maximum
of five (5) days. Training may be in hourly increments or full days.




                                                                                                  81
                                                                               Appendix F1
                                    Office Manager Training Checklist

Name of Trainee ____________________________________Date Training Began _________

Name of Trainer ____________________________________Date Training Ended _________

                                      Date Training   Initials of
                                      Completed       Trainer           Comments:
School Section
Each school provides information for this section
Accounting
a.   Purchase Requisition
b.   Confirmation of Merchandise
c.   Return of Goods
d.   Gifts & Donations to School
e.   Copier
f.   Disposal of Surplus/Obsolete
g.   Work Orders
Other Accounting Procedures
a. Pegboard Procedure
b. Study Trip Forms
Accounts Receivable Accrual
System of Record Keeping
Budget Printouts
Petty Cash Fund
Reimbursements
Subscription Renewals
Attendance
Attendance Reporting
Scan Card
Attendance Reporting Worksheet
Enrollment Records
Timelines for Attendance
SDT’s
Enrollees & Withdrawals Form
SARB Forms
Suspensions
Home Teaching
Independent Study
Students Cums/Storage
Beginning the School Year
a.   Returning duties
Classroom Set-up Procedure
Classroom Lists
Classroom Assignments
Warm Body Count
Data Processing Procedures
Class Card Batching
Lunch Free/Reduced Verification
First Day Packets
Principal’s Letter
Cover Letter for Forms
Emergency Card
Parent’s Rights
Student Accident Insurance Letter
Free Lunch Application
Medication Policy

                                                                                       82
                                                                               Appendix F1 continued

                                 Office Manager Training Checklist continued

School Handbook (if available)
Ending the School Year
               Students
Kinder Registration Packet Checklist
    (May)
b. Class Assignment Cards
c. Deleting Students
Moving List
Forward 6th Graders to Middle School
Order Essential Forms
              Teachers
a.   Teacher check-out List
b.   Keys
Enrollment
a. Forms for New Students
Data Processing Directions
Checklist for New Enrollees
Registration Form
Letter of Introduction
Immunization Record
School Entry Physical
Request for Records Card
Language Assessment Form
Interdistrict Approvals
Parent’s Rights & Resp. Sheet
Free Lunch Forms
Student Accident Insurance
Forms
Need to list most used




Insurance
Student Accident Insurance
Workers Compensation Reports
Health
Dental
Vision
Maintenance
Maintenance Procedures
Vandalism/Burglary
Emergency Phone Numbers
Payroll
Paychecks
Timesheets
        Management
        Certificated
        Classified
        Subs (Cert’d & Class’d)
        Extra Hours



                                                                                                 83
                                                                              Appendix F1 continued

                                Office Manager Training Checklist continued

Personnel
District Office Directory
Emergency Cards
Evaluations
Exempt Form
Initial Planning Sheets
Key Policy
Specialist Services
a.   GATE, RSP, Psychologists, Nurse,
     Speech, SDC
b.   Specific Forms Available
c.   Budget
Substitute Teachers
a.   Procedures for Reporting
     Absences
b.   Sub sign-in procedure
c.   Verification of Absence
d.   Sub Teacher Evaluation
e.   Report to Teacher
f.   Sub Manual from D.O.
g.   School Sub Folder
h.   Keys (issue & retrieve
Disaster Procedures
a. Notebook accessible
b. Second set of records
c. Map for station set-ups
d. Utility shut-off map
e. Posted procedures, etc.




                                                                                                84
                APPENDIX G -- SALARY SCHEDULE FORMULA INCREASE
                                          for
                                2006-2007 and 2007-2008

                                        (Article 5 – Section 5.1)

Premise: A fair, equitable, predictable, and affordable compensation settlement will allow the district
to attract and retain high quality programs for students.

Premise: The district therefore is willing to put forward the entire net cost-of-living adjustment and
other new funding actually received by the district from the state toward compensation increases to
maintain the unit’s proportionate share of expenditures.

Structure of the formula: The fair-share formula deals with total compensation:
                     Salary schedule increases
                     Step increases
                     Benefit cost increases

The new money received from the state must cover all these elements of compensation.

             Step One:       Calculate the new dollars actually received from the state.
             Step Two:       Compute the percentage of the budget devoted to this bargaining unit in
                              prior years.
             Step Three:     Compute the cost of step increases less and turnover savings.
             Step Four:      Calculate the increased cost of benefits provided to bargaining unit
                              members.
             Step Five:      Divide the remaining new dollars by the cost of a 1% salary schedule
                              increase.
             Step Six:       Prepare a summary showing the result of these calculations.

Step One:      First calculate the dollars actually received from the state for COLA, deficit reduction,
               and equalization.
                    The measure shall be the actual funded increase in the base revenue limit
                               between 2005-06 and 2006-07; and 2006-07 and 2007-08.
                    Use the actual funded increase in the base revenue limit per unit of ADA
                               between the prior year and the current year.
                    Multiply by the estimates P-2 ADA for 2006-07, 2007-08 (October Census Data
                               times 95%).

Step Two:      Compute the percentage of the General Fund unrestricted budget that was devoted to
               CSEA bargaining unit compensation in 2004-05 and 2005-06.
                  Use unrestricted as a base because the new dollars are applied to the unrestricted
                            side of the budget. (Unrestricted base includes prorated share of special
                            education and restricted maintenance encroachment.)
                  Use the average of the two percentages if there is a difference.
                  That percentage is applied to the new dollars as defined above to compute the
                            dollars available for compensation increases for the bargaining unit for
                            2006-2007 and 2007-2008.


                                                                                                      85
Step Three:   Compute the cost of step and column increase-
                 Moving all unit members across the schedule.
                 Compare the cost for 2005-06 with the cost of 2006-07.
                 Salary savings realized from retirements and attrition are deducted from the step
                           and column costs except to the extent that those savings have been used
                           to fund an early retirement plan.
                 The remaining net step and column costs shall be deducted from the new
                           revenues computed in Step One.

Step Four:    CSEA determines amount of new money to be applied to health and welfare benefits.
              The total increased cost of benefits provided to bargaining unit members is deducted
              from the new revenues computed in Step One.

Step Five:    The remaining new dollars are divided by the cost of a 1% increase of unrestricted
              general fund salaries plus pro-rata share of special education and restricted maintenance
              encroachment (unrestricted budget costs).
                  The resulting percentage is added to the salary schedule.

Step Six:     Prepare a summary showing the results of these calculations.




                                                                                                    86
      APPENDIX H: SAFETY FORM




(YET TO BE CREATED)




                                87

				
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