Agreement Between Waterford Unified School
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AGREEMENT BETWEEN WATERFORD UNIFIED SCHOOL DISTRICT AND THE CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION WATERFORD UNIFIED SCHOOL DISTRICT CHAPTER #657 1 Revised 06/2016 TABLE OF CONTENTS Article Subject Page Preamble 3 I Acknowledgment 3 II Organizational Rights 3 III District Rights 5 IV Organizational Security 5 V Discrimination 7 VI Personnel Files 8 VII Evaluation/Probation 8 VIII Hours and Overtime 9 IX Transfers and Promotions 14 X Leaves 15 XI Classified - Paid Holidays 21 XII Vacation 22 XIII Safety 24 XIV Physical Examinations 24 XV Uniforms/Tools/Equipment 25 XVI Disciplinary Action 25 XVII Grievance Procedure 28 XVIII Wages, Pay and Allowances 31 XIX Health and Welfare Benefits 32 XX Professional Growth Incentive Plan 33 XXI Restriction on Contracting Out 34 XXII Reclassification 35 XXIII Layoff and Reemployment 35 XXIV Transportation 37 XXV Negotiations 39 XXVI Duration 39 XXVII Re-Opening the Agreement 39 XXVIII Severability 40 XXIX Concerted Activities 40 XXX Entire Agreement 40 Signatures 41 Appendix A Classifications 42 Appendix B-1 2016-17 Classified Salary Schedule 43 Appendix B-2 2017-18 Classified Salary Schedule 44 2 PREAMBLE This Agreement is made and entered into by and between Waterford Unified School District (hereinafter referred to as “District”) and the California School Employees Association and its Waterford Unified School District Chapter #657 or its successor (hereinafter referred collectively as “CSEA”). This Agreement is entered into pursuant to Chapter 10.7, Sections 3540-3549.3 of the Government Code of the State of California. ARTICLE I - ACKNOWLEDGMENT 1.1 The District hereby acknowledges that CSEA is the exclusive bargaining representative for all classified employees who hold those positions described in “Appendix A”, attached hereto, and incorporated by reference as a part of this agreement. If newly created positions are not mutually agreed upon, disputed cases shall be submitted to the Public Employment Relations Board for resolution. ARTICLE II - ORGANIZATIONAL RIGHTS 2.1 CSEA shall have the right to use, without charge, specified instructional bulletin boards, mailboxes, and the use of the school mail system, and other District means of communication for the posting or transmission of information or notice concerning CSEA matters. No long distance telephone calls may be made at District expense. 2.2 Facilities CSEA shall have the right to reasonably use, without charge, instructional facilities, equipment and buildings at reasonable times for CSEA business. Any use of equipment does include the use of supplies required to run the equipment. CSEA shall obtain the permission of the site administrator prior to use. 2.3 Relevant Information CSEA shall have the right to receive upon request, copies of any and all non- confidential materials related to wages, hours, or other terms and conditions of employment which are relevant for CSEA to fulfill its duties and obligations as the exclusive representative of bargaining unit members. 2.4 Access to Personnel Files CSEA shall have the right to review a bargaining unit member’s personnel files and any other records dealing with the bargaining unit member when accompanied by the individual or upon presentation of a written authorization signed by him/her. Reasonable notice shall be given. 2.5 Board Agendas 3 The District shall provide the chapter president of CSEA one copy of the non- confidential board agenda and any non-confidential back-up material related thereto, for each board meeting. 2.6 Distribution of Contract The District shall provide a copy of this contract to every bargaining unit member. Any person who becomes a member of the bargaining unit after the execution of this Agreement shall be provided by District with a copy of this Agreement and any written changes agreed to by both parties during the life of this Agreement. 2.7 CSEA Business 2.7.1 The right of release time, with pay for employees who are CSEA state officers to conduct necessary CSEA business provided that the employee(s) have given the immediate supervisor written notice ten (10) days prior to the absence. This release time shall be up to ten (10) days per year. Prior to the exercise of such release time, CSEA shall at least annually provide written notice to the District of the names of the CSEA state officers and the positions they hold. 2.7.2 The right of release time, with pay, for CSEA chapter delegates to attend the CSEA annual conference provided that the employee(s) have given written notice seven (7) working days prior to the absence. This release time shall be up to ten (10) days per year with a maximum of two (2) delegates. Prior to the exercise of such release time, CSEA shall at least annually provide written notice to the District of the time and location of the annual conference, as well the name(s) of the designated delegate(s) who will attend such conference. 2.7.3 The chapter president/designee shall be released to attend regional president’s meetings. Prior to the exercise of such release time, CSEA shall at least annually provide written notice to the District of the time and location of the regional president’s meetings, as well the name of the chapter president/designee who will attend such meetings. 2.7.4 In addition to the release time provided in Section 2.7.3, and release time that is otherwise granted by statute, the chapter president/designee shall have the right of release time, with pay, to conduct necessary CSEA business provided that the chapter president/designee have given the immediate supervisor reasonable written notice prior to the absence. This release time shall be up to three (3) days per year. 2.8 New Hires The Association shall have the opportunity to meet with all classified new hires during the Employee Human Resources Orientation Process. The Human Resources Department shall assist in the coordination of such meetings with the Chapter President or his/her designee, without loss of compensation for the Association Member conducting the meeting. 4 ARTICLE III - DISTRICT RIGHTS 3.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in but not limited to those duties and powers are the exclusive rights to: Determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operations, determine the curriculum; build, move or modify facilities; establish budget procedure and determine budgetary allocation; determine the methods of raising revenue; contract out work in accordance with the Education Code; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate, and discipline employees. 3.2 The exercise of the foregoing powers, rights authority, duties and responsibilities by the District, the option of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited to only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 3.3 The District retains its right to amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency. The determination of whether or not an emergency exists is solely with the discretion of the District Board of Education (“Board”) and is expressly excluded from the provisions of Article XVII, “Grievance Procedure”. ARTICLE IV - ORGANIZATION SECURITY 4.1 The parties to this Agreement acknowledge that CSEA has notified the District to implement provisions of Government Code section 3546(a), requiring as a condition of employment, the deduction of CSEA dues or agency service fees from the wages or salary of every bargaining unit member, or the payment of a sum equal to an agency service fee to a non-religious, non-labor, charitable organization. This entire Article is subject to Section 25.1 of this Agreement. 4.2 Unless otherwise determined by the bargaining unit, CSEA shall have the sole and exclusive right to have membership dues deducted by the District for employees in the bargaining unit. The District shall, upon appropriate written authorization from any employee, deduct and make appropriate remittance for insurance premiums, credit union payments, or other plans of programs jointly approved by CSEA and the District for payroll deductions. 4.3 Employees in the bargaining unit who are members of CSEA on the effective date of this Agreement must retain their membership in CSEA until the expiration of this 5 Agreement, as provided in Government Code section 3540.1(i)(l). New employees shall either join CSEA upon written request by CSEA, pay an agency service fee to CSEA, or shall pay a sum equal to an agency service fee to a non-religious, non-labor, charitable organization, as specified in Section 4.4 below. 4.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in or pay agency service fees to CSEA. Any employee claiming such exemption must do so in writing to the CSEA Legal Department, who will then determine whether the employee qualifies for the exemption. CSEA will then notify the District in writing of the employee’s religious objector status.