AGREEMENT

BETWEEN

BALDWIN PARK UNIFIED SCHOOL DISTRICT

and the

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, BALDWIN PARK CHAPTER #28

FOR THE PERIOD

July 1, 2014 through June 30, 2017

TABLE OF CONTENTS

ARTICLE PAGE

I TERM OF AGREEMENT ......................................................................................................... 1

II RECOGNITION ......................................................................................................................... 2

III DISTRICT RETAINED RIGHTS .............................................................................................. 5

IV ASSOCIATION RIGHTS .......................................................................................................... 6

V ORGANIZATIONAL SECURITY ............................................................................................ 8

VI WAGES ....................................................................................................................................... 10

VII FRINGE BENEFITS .................................................................................................................. 16

VIII RECLASSIFICATION................................................................................................................ 18

IX HOURS OF WORK .................................................................................................................. 19

X EVALUATION PROCEDURES .............................................................................................. 21

XI HOLIDAYS ................................................................................................................................ 23

XII LEAVE PROVISIONS .............................................................................................................. 25

XIII TRANSFERS .............................................................................................................................. 37

XIV GRIEVANCE PROCEDURE ................................................................................................... 38

XV PROFESSIONAL DEVELOPMENT ...................................................................................... 41

XVI SAFETY CONDITIONS............................................................................................................ 42

XVII WORK STOPPAGE AND/OR CONCERTED ACTIVITIES ............................................... 43

XVIII SAVINGS .................................................................................................................................... 44

XIX ENTIRE AGREEMENT ............................................................................................................ 45

APPENDIX A – SALARY SCHEDULE, CLASSIFIED ........................................................ 48

APPENDIX B – SALARY SCHEDULE, CHILDREN’S CENTER TEACHERS AND HEAD START TEACHERS ..................................................................... 51

FRINGE BENEFIT ALLOCATION ........................................................................................ 53

AGREEMENT

THIS AGREEMENT, made and entered into this 13th day of August , 2015, is by and between the BALDWIN PARK UNIFIED SCHOOL DISTRICT, whose address is 3699 North Holly Avenue, Baldwin Park, California 91706, hereinafter referred to as the “District,” and the CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION and its BALDWIN PARK CHAPTER #28, whose address is 3699 N North Holly Avenue, Baldwin Park, California 91706, hereinafter referred to as the “Association.”

RECOMMENDED

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ARTICLE I

TERM OF AGREEMENT

This Agreement shall be in force and effect from July 1, 2014, up to and including June 30, 2017. The Association shall make its initial proposal for future agreements to the District at a regularly scheduled meeting of the Board of Education no later than the first Board meeting in April. This does not preclude the District and Association from mutually agreeing to reopen articles at any time during the term of the Agreement.

The District and Association agree to continue Interest Based Problem Solving.

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ARTICLE II

RECOGNITION A. Pursuant to the 1986 Approval of Unit Modification, the District recognizes the Association as

the exclusive representative for the following unit of employees:

Accounting and Related Account Clerk II Account Clerk III Attendance Accounting/Student Information Systems Technician Bookkeeper Buyer Nutrition Services Bookkeeper Payroll Technician Purchasing Clerk Student Body Assistant

Clerical and Secretarial Clerk Typist I Clerk Typist II Clerk Typist III Compliance & Accountability Tech. Counseling Technician Data Entry Operator Graphic Artist Health Clerk Human Resources Technician Intake Clerk Personnel Technician Police Dispatcher/Clerk

School Secretary I School Secretary II School Secretary III School Secretary IV Secretary I Secretary II Secretary II (Bilingual) Secretary III Switchboard Operator/High School Switchboard Operator/Personnel Clerk Switchboard Operator/Receptionist Workers’ Compensation/Benefits

Technician Custodial Athletic Equipment/Facility Attendant Custodian A (Day) Custodian B (Night) Girls Restroom Attendant Head Custodian I Head Custodian II

Educational Information Services Computer Service Technician I Data Base Analyst I Educ. Tech. and Support Tech. Network Technician I Network Technician II Sr. Database Analyst Service Technician II

Food Services Food Service Cook/Baker Food Service Cook/Manager I Food Service Cook/Manager II Food Service Assistant I Food Service Assistant II Food Service Assistant III Nutrition Services Aide

Instructional/Classroom Related Accompanist Adult School Babysitter Adult School Lead Child Care

Attendant After School Academy Partnership Site

Manager Behavioral Assistant – Special Education Child Aide Child Aide-Bilingual District Community Aide Early Childhood Education Specialist English Learner Programs Assistant Family Services Facilitator Graphic Arts/Curriculum Lab

Technician Head Start Disabilities Specialist Home Liaison/Receptionist Instructional Aide-Alternative Programs Instructional Aide-Bilingual Instructional Aide-Classroom Instructional Aide-Early Childhood

Education Instructional Aide-Early Childhood

Education/Bilingual Instructional Assistant-Moderate/Severe

Classroom Instructional Assistant-Specialized Health Instructional Assistant-Special Education

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Instructional/Classroom Related (continued) Instructional Materials Clerk Instructional Materials Clerk I (Bilingual) Instructional Materials Clerk II Instructional Materials Technician Job Developer Library Aide Library Technical Assistant Library Technician Noontime Supervision Worker Resource Aide-Computer Laboratory School/Community Liaison Speech/Language Pathology Assistant Youth Leader Youth Service Worker Maintenance and Grounds Cabinet Maker General Maintenance/Carpenter General Maintenance/Electrician General Maintenance/Glazier General Maintenance/Heating-Air Conditioning General Maintenance/Locksmith General Maintenance/Painter General Maintenance/Plumber Grounds/Utility Worker I Grounds/Utility Worker II Lead Maintenance/Painter Maintenance Coordinator Maintenance Worker Pool Maintenance Worker Sprinkler and Irrigation Mechanic Performing Arts Publicity Advisor-Adult School Stage Technician, Performing Arts

Center

Print Shop Reprographics Technician I Reprographics Technician II Security Campus Security Aide Transportation Bus Driver Bus Driver/Trainer Dispatcher/Bus Driver Garage Service Worker Lead Vehicle Maintenance Mechanic Service Mechanic Vehicle Maintenance Mechanic Warehouse and Delivery Receiving Clerk Textbook Accountability Clerk Textbook/Multimedia Accountability

Technician Warehouse and Delivery Driver Miscellaneous Head Start/State Preschool Nurse WorkAbility I Job Developer Permit Teacher/Early Childhood

Education (Children’s Center/Head Start/State Preschool)

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B. The bargaining unit may be expanded or reduced by mutual agreement between the District and

the Association subject to PERB rules and regulations. C. Gender Recognition It is agreed throughout this contract that when the word “he” is found, it can mean “he/she” and is

intended to be gender neutral.

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ARTICLE III

DISTRICT RETAINED RIGHTS

A. 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. It is agreed that such reserved rights include, but are not limited to, the exclusive right and power to determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently, any of the following:

1. The legal, operational, geographical, and organizational structure of the District; 2. The financial structure of the District; 3. The acquisition, disposition, number, location, types and utilization of all District properties,

whether owned, leased, or otherwise controlled; 4. The determination of the kinds, levels, means, and methods of services to be provided and

the methods and means of providing those services including entering into contracts with private vendors for services. Any contracts for services entered into by the District shall not displace unit members on an ongoing basis. The District will not enter into contracts for services except when such is necessary to maintain the normal operations of the District; services contracted for will be in keeping with the law;

5. The utilization of personnel not covered by this Agreement; 6. The educational policies, procedures, objectives, goals, and programs of the District; 7. The right to hire, classify, transfer, assign, evaluate, promote, demote, terminate, and

discipline employees of the District; 8. The job classifications and the content and qualifications therein after consultation with

the Association; 9. The duties and standards of performance for all employees and the determination as to

whether any employee adequately performs such duties and meets such standards; 10. The determination of times and hours of operation of the District, any modifications in

timekeeping procedures including sign-in/sign-out procedures the District believes to be in its best interest;

11. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies, and equipment including the various rules and duties for all personnel with respect to such matters;

12. The rules, regulations, and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement;

13. The retirement of employees for disability; 14. The termination or layoff of employees (consistent with law) of the District.

B. Other rights of management such as determination of the rates of pay for any job classification

implemented during the term of this Agreement; security safety measures and rules for employees of the District; the determination of staffing patterns and teacher-student norms; the administration of all employee health and benefit plans including the selection of carriers after discussion with the Fringe Benefits Committee comprised of members selected by each of the employee groups, and the manner and methods of funding, etc. and all other rights not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated herein, and the express provisions of this Agreement constitute the only contractual limitations upon the District’s rights. The exercise of any right reserved to the District here in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District’s rights or preclude the District from exercising the right in a different manner.

C. Any dispute arising out of or in any way connected with either the existence of any of the above-

described rights of the District is not subject to the grievance provisions set forth in Article XIV unless the dispute is otherwise grievable under another Article of the Agreement.

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ARTICLE IV

ASSOCIATION RIGHTS

A. The Association may utilize District facilities for meeting purposes subject to the provisions of the

Civic Center Act, provided that this shall not interfere with nor interrupt normal school operations. B. Authorized representatives of the Association shall have the right of reasonable access, in

accordance with the conditions noted herein, to District facilities in order to transact lawful official Association business. Contacts by authorized representatives with unit members shall be limited to breaks, duty-free lunch periods, and before and after working hours unless prior arrangements have been approved by the Superintendent or his designee.

C. Immediately upon arriving at any work site the official Association representative shall report to

the office of the site supervisor, provide proper identification, and verify the availability of the unit member to whom he wishes to speak.

D. The Association shall have the right to post notices of activities and matters of concern on bulletin

board space provided by the District at each school in a work location frequented by unit members.

The Association will not post nor distribute information which is libelous or slanderous of the District

or its personnel. Posted literature must be dated and must identify the person or organization responsible for its contents.

E. The District and the Association agree to make available to each other in response to reasonable

requests all public non-confidential information concerning their financial resources and all non-confidential research reports dealing with items which are of mutual concern and advantage to the Association and the District.

F. The District shall not negotiate with any other employee organization and/or employee alleging to

represent unit members on matters reserved to the Association by law as the exclusive representative. Any dispute over issues shall be resolved by PERB.

G. Present Board personnel policies which related to unit members will not be changed unless the

Association is provided a copy of the Board of Education agenda or otherwise notified in writing at least ten days prior to the final adoption of a policy change. Nothing contained herein shall preclude the Governing Board from changing any of its policies without prior notification to the Association should an emergency exist.

H. The president of the Association and/or the Association’s designee may meet with the

Superintendent and/or his designee and consult on those items which allow for consultation under the law.

The Association shall designate up to five employees who shall negotiate. By mutual consent, both

parties may bring in resource people for information relative to negotiations. I. The Association shall select two representatives to serve on the District’s Fringe Benefits committee.

J. Baldwin Park Unified School District shall treat its classified employees in a professional manner at all times. The District’s management shall provide a safe environment including but not limited to: 1) The District’s management shall make every effort to provide a safe working environment.

All disciplinary actions shall be conducted professionally and in a confidential manner.

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2) It is understood that we are all professionals and there shall be mutual respect amongst all

the employees of the Baldwin Park Unified School District.

K. Orientation The Chapter President or designee shall be released from duty without loss of pay to attend employee orientations for newly hired bargaining unit employees. During the orientation, the President or designee shall receive approximately twenty minutes to conduct a presentation for new employees scheduled on a quarterly basis as needed.

L. Contracting Out

During the life of this agreement, the District agrees that it shall not contract out work, which is customarily and routinely performed by employees in the bargaining unit. The District shall not contract bargaining unit work which is contrary to the law.

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ARTICLE V

ORGANIZATIONAL SECURITY

A. Any employee who applies for membership must sign and deliver to the District authorization for

deduction of membership dues. Such authorization shall continue in effect throughout the term of this contract. Pursuant to such authorization, the District shall deduct such dues from the salary check of the employee each month.

B. Each unit member covered by this Agreement who is an Association member or who becomes an

Association member during the term of this Agreement, shall maintain his membership in the Association during the term of this Agreement.

C. All new unit employees hired on or after October 1, 2000, shall be given a choice from the

following three options:

Full membership in the California School Employee Association Agency Fee payer – representation fee Fair Share – donation to charity per paragraph E

D. Member dues and or service fees shall be deducted in accordance with the Association dues and

service fees schedule.

Within thirty (30) days of employment, new unit employees, hired on or after October 1, 2000, upon entering employment with the district, are required to complete an association application and designate their option as expressed in this Article, Section C above. If proof of payment is not presented within thirty (30) days, the Association shall notify the District of their obligation to initiate payroll deduction of the agency fee. All new employees and those employees presently in membership roles are required to maintain their member status for the duration of the collective bargaining agreement. For newly hired employees the member dues and/or service fee deduction shall become operative at the first available pay period where a deduction can be applied. All member dues and service fees shall be submitted to Baldwin Park Chapter #28 and/or the Association headquarters upon written direction of the local chapter.

E. Any employee covered by this Agreement who is a member of a religious body whose traditional

tenets or teachings include bona fide religious objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in, or financially support the employee organization. However, the unit member shall submit evidence to state CSEA which proves that he sincerely holds such beliefs. The unit member will be required, in lieu of a service fee, to pay sums equal to such service fee either to a non-religious, non-labor organization, charitable fund exempt from taxation under Section 501c(3) of Title 26 of the Internal Revenue Code, chosen by such employees from the following list of three: American Red Cross United Way City of Hope

If the request is supported by state CSEA’s legal department, the member and the District shall be informed in writing. The District shall send all future deductions from the employee’s paycheck for

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services fees to the designated charity rather than to state CSEA. Furthermore, the employee shall, as a condition of continued exemption from the requirement of paying services fees to CSEA, furnish to CSEA copies of receipts from the charity selection quarterly or annually by September 30th if paid in lump sum, as proof of such payments having been made, or shall authorize payroll deduction of such payments.

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ARTICLE VI

WAGES A. It is the District philosophy to maintain employees in the third quartile when comparing the

District to 13 of the surrounding districts of comparable size and makeup. The comparison will be made at the fifth step of position. The District shall make a good faith effort to maintain this status.

B. Unit Members Other Than Head Start Teachers and Children’s Center Teachers

1. The regular rate of pay for each full-time member in the bargaining unit shall be in accordance with the rates established for each classification as provided for in the appropriate current appendix incorporated herein and made a part of this Agreement.

2. The hourly rate of pay for a unit member shall be established by dividing his basic

monthly salary by 176. 3. Part-time unit members’ month salary shall be computed in accordance with the

following formula: Hours worked per week 40 X appropriate placement on the salary schedule.

C. Children’s Center and Head Start Teachers

Children’s Center and Head Start Teachers’ regular rate of pay shall be in accordance with the rates established in the appropriate current Appendix incorporated herein and made a part of this Agreement.

D. Step Progression and Longevity Pay 1. A monthly anniversary increment shall be paid at the beginning of the respective year of

service in accordance with Appendix A and Appendix B. Increments for part-time unit members shall be granted on a prorated basis according to the formula set forth in B, 3 above.

2. For the purpose of computing the number of years of service to determine step progression

and/or longevity increment entitlement, newly employed unit members must have served a minimum of 50% of their work assignment days during the school year of initial employment.

3. Other than during the initial employment year, unit members must be in fully-paid status

for 75% or more percent of their year’s assignment in order to be entitled to step progression and/or longevity credit.

4. Part-time unit members shall be entitled to longevity increments in accordance with the

formula set forth in B, 3 above. E. Overtime

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It is agreed and understood that unit members are not to take work home with them, work through their lunch period, start work before the appointed time nor work past the appointed time without being specifically directed to do so by the District, and that unit members who do so without such direction are in violation of this Agreement and will not qualify for compensation for such time worked.

1. Compensation for Overtime Worked Unit members who are directed by the District to work in excess of eight (8) hours per day

or forty (40) hours per week shall be compensated at the rate of time and one-half of the unit member’s regular hourly rate. All hours in paid status shall be considered as time worked for purposes of calculating hours worked.

2. Compensation for Overtime Worked on a Holiday A unit member shall receive, in addition to his regular holiday pay, one and one-half (1

½) times his regular rate of pay for any hours worked on a holiday during the hours of his regular shift. A full-time unit member shall be paid two and one-half (2 ½) times his regular rate of pay for any hours worked before or after the hours of his regular shift which are worked on a holiday. A part-time unit member shall receive one and one-half (1 ½) times his regular rate of pay until he has worked a total of eight (8) hours. Thereafter, the part-time unit member shall receive two and one-half (2 ½) times regular rate of pay.

3. Distribution of Overtime Among Custodians

a. The District shall assign overtime on a rotating basis among custodians at the particular work site where the work is to be performed, provided the unit member has the skill and ability to perform the assigned work. If a unit member is passed over for an overtime assignment the unit member shall remain at the top of the overtime assignment list and be assigned the next overtime assignment if qualified.

b. A custodian who is offered overtime and turns down the assignment offer shall be

charged with the assignment for purposes of assigning overtime on a rotating basis. Should the system of distribution of overtime set forth in Section E, 1, not result in a custodian accepting the overtime assignment, the District retains the right to direct a custodian to work overtime.

c. Nothing in this Section shall prohibit the District from allowing a unit member who

has begun an assignment during his regular work shift from continuing to perform the same assignment after the conclusion of his shift.

4. Compensatory Time Off Unit members may, with the permission of the Superintendent or his designee, receive

compensatory time off for overtime hours worked in accordance with Education Code Section 45128. Compensatory time for work other than public safety activities may not be accumulated beyond 240 hours (160 hours of actual work time). Such compensatory time off shall be taken as soon as possible within the fiscal year in which it was earned unless it is earned within the last 30 days of the end of the unit member’s assigned work year, in which case it must be used within the first 60 days of the next work year. The District will make a reasonable attempt to allow a unit member to accumulate enough hours to take off a full work day before requiring compensatory time to be utilized. The unit member must elect at the time of the assignment whether to take payment or request compensatory time.

F. Shift Premium

1. Every unit member who works a schedule of which at least one-half falls between the hours of 5:00 p.m. and 5:00 a.m. shall be paid at the next higher full range on the same

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step that would be applicable to the unit member had he worked between the hours of 5:00 a.m. and 5:00 p.m. Transfer or assignment to hours requiring the payment of a shift premium shall not constitute a change of classification.

2. It is understood that the provisions of this Section do not apply to the classification of

athletic equipment attendant nor a similar classification should one be established during the duration of this Agreement. The classification has been compensated by a one-half range increase.

G. Standby Time

Unit members (Maintenance classification) who are placed “on call” for a weekly period commencing on a Wednesday at 12:00 noon and ending the following Wednesday at 12:00 noon, shall receive standby pay at the rate of $90.00 per week ($10.00 per weekday and $20.00 each for Saturday and Sunday). Should the week contain one or more of fourteen holidays listed in Article X of this Agreement, an additional $10.00 for each holiday shall be granted. Unit members “on call” shall be available at all times. The intent of this Section is to compensate for inconvenience. If a unit member is actually called to work, the provisions of Article VI, Section H (Call Back Time) shall be operative. In lieu of the cash compensation stated above, the unit member may, at his discretion elect to receive compensating time off in the amount of six hours per week of “on call” duty plus an additional one hour for each holiday should a week contain an aforementioned holiday.

H. Call Back Time Unit members called back to work on a day off or after completion of a work shift shall receive a

minimum of two hours of pay at the appropriate rate of pay. Part-time unit members shall be paid at their regular rate of pay until they qualify for overtime rates. This Section does not apply to extension of the day at the beginning or ending of a work shift.

I. Working and/or Substituting Out of Classification A unit member who is specifically assigned by the District to work one hour or more in a specific

classification higher than his own shall be paid at the first step of the salary range of the classification to which he was assigned which is higher than his regular rate of pay. No out-of-classification pay shall be granted unless the unit member is specifically assigned by the District to work in a classification other than his own. The determination of whether an assignment is out-of-classification shall be made by the District according to the District job descriptions.

J. Payroll Errors When an underpayment error has been made in the calculation of and/or reporting of a unit

member’s pay, the District shall, within five workdays following such determination, provide the unit member with a statement of the correction and, as soon as administratively possible immediately following such determination, notify the County of such error and request a warrant be drawn in the proper amount. If the error was overpayment, the unit member will be notified of the amount of the overpayment, any applicable pay adjustments, his/her obligations to repay the excess salary, and the administrative process and procedure for recovery of overpayment.

K. Uniforms

1. Bus Drivers

The District shall furnish and maintain bus driver uniforms. A cleaning service establishment will be utilized for this purpose. It is the responsibility of each unit member issued uniforms to deliver uniforms to the cleaners that the District has designated. Unit

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members are responsible for cleaning the uniform. Uniforms are the property of the Baldwin Park Unified School District. Uniforms will be replaced as they become unserviceable, show excessive wear, or do not meet the quality standard designated by the District. When uniforms are to be replaced, the former wear shall be returned to the District. Unit members are permitted to wear causal uniforms with prior approval. Uniforms are to be worn during all scheduled work days. The District may determine that alternate work apparel may be worn for special circumstances. Required uniforms: The District will furnish to each driver, the following uniform allowance: Four (4) pairs of pants, six (6) shirts, one (1) jacket, District insignia shoulder patches for each shirt and jacket. New patches shall be issued for replacement of shirts or jackets. Optional uniform equipment: District designated ties, hats, vests, belts, or special apparel shall be furnished by the Department on an as needed basis. Unit members may request and receive a hat. All uniforms or related items shall be returned to the District upon the unit member leaving the service of the Transportation Department.

2. Campus Security Aides

The Association has requested uniforms for the safety of the Campus Security Aides. The District will furnish the uniform and it will remain the property of the District. The uniform shall consist of three shirts and one lightweight jacket. The shirts and jackets will be labeled to identify the Security Aide. Each Security Aide will be responsible for the maintenance of the uniform. Replacement resulting from normal wear and tear shall be made on an as needed basis as determined by the District at the expense of the District. Worn-out articles must be turned in to the District in order to obtain replacements. Each Security Aide must return all uniform items to the District upon termination of employment or assignment to another classification.

3. Supervisors may allow shorts in consideration of employee preferences, needs, and safety.

Any attire should be appropriate, in good taste, and good repair. Shorts must be hemmed and extend to just above the top of the kneecap. The shorts are to be one color (i.e., navy, blue, black, or brown). Shirts with sleeves are to be worn. Attire identified as gang wear will not be permitted.

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L. Pay for Training or Conferences Unit members shall not receive compensation for attending conferences or training sessions unless

attendance is required by the District. In those instances where attendance is required, the unit member shall be qualified only for a regular day’s pay. No pay shall be provided for sleep time, meal time, normal commute time, et cetera.

M. Direct Deposit The District agrees to Direct Deposit process of payroll warrants. The District and the Association

shall not be responsible for any problems or delays occurring through magnetic or electronic transfer of funds. Participation in the Direct Deposit process is at the option of the individual unit members. The unit member is responsible for meeting time lines.

N. Bilingual Stipend 1. Unit members assigned to the following positions are eligible for a Bilingual Stipend when

they pass the District established written and oral examinations. Individuals qualifying for and receiving bilingual stipends will be expected to perform competent oral and/or written translations as required at their site and the district office. Individuals become eligible for the stipend on the first day of the month following the passing of the established examinations.

2. The following positions are not eligible to receive a Bilingual Stipend since compensation is

already built into their positions and salary: Individuals in these positions will be expected to perform competent oral and/or written translations as required at their site and the district office. Additional competency testing may be required for some translation services.

Bilingual Instructional Aide Family Services Facilitator

Family Services Facilitator Lead District Community Aide School Community Liaison Translator

3. Eligibility for bilingual stipend applies to job classification in specific job assignments that are designated as needing bilingual services. Determination of bilingual need should be initiated by site administrator or department head.

4. The Bilingual designation applies to salaries only and will not affect seniority or contract

rights to a position including transfer, bumping rights, or layoffs.

5. Unit members who feel they should be receiving a stipend because of changes in job responsibilities may request that their job be reviewed. If approved, their job classification will be added to the list of positions eligible for a stipend.

6. Unit members who use their conversational/oral bilingual skills on a regular basis to

perform non-instructional support services for the District shall receive a monthly stipend of one percent (1%). This stipend is for conversational communication only.

In order to be eligible for this stipend, designated staff must pass a District conversational translation assessment. Each school site will be limited to two staff members that are eligible for this stipend to be determined by the site or department administrator. The District department administrator shall contact Human Resources to request the assessment for the individual(s) that use their bilingual skills.

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O. Equal pay for 180-day employees

The District and CSEA agree to continue the process of equal payments by adding the 180 days, vacation and holiday pay per employee; thus, calculating the month salary into equal payments for the school year as per Memorandum of Understanding. The purpose of this process is to accommodate the adjustments of the school calendar minimizing the effects on the 180-day employees due to non- instructional days. This process shall continue until the District and CSEA mutually agree to discontinue.

P. Wages

A 3.8% increase to the Classified Base Salary Schedule effective July 1, 2014 for 2014-2015 school year. Provide all future base salary percentage increases to longevity effective July 1, 2015. The District agrees to reopen this Article and negotiate in good faith.

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ARTICLE VII

FRINGE BENEFITS

A. The monthly fringe benefit District maximum contribution for medical, dental, vision, and other benefit options are listed in Appendix C.

The fringe benefit District allocation shall increase each year by the same percentage increase as the District receives in its unrestricted deficit adjusted Base Revenue Limit cost of living adjustment for that school year, not to exceed the cost of lowest family coverage offered by the District to unit members. In the event the cost of living adjustment is set at different levels for different programs, the District and the Association shall meet to determine the fringe benefit allocation. For example, if the District received an unrestricted deficit adjusted Base Revenue Limit cost of living adjustment of 2%, the District fringe benefit allocation will increase by 2% or the cost of lowest family coverage, whichever figure is less.

B. The District and Association shall establish a Fringe Benefits Committee in combination with other

district represented and non-represented employee units. The Association shall have two members on the advisory fringe benefit committee, which will meet on an ongoing basis through the year. Topics of mutual interest such as long-term goals, benefits brokers, insurance cycle and process, cost and equity, and new programs shall be examined. Decisions on the benefits package selection shall be determined using Interest Based Problem Solving between the District and the Association. At the conclusion of such negotiations, the agreement reached by the joint District and Association insurance committee shall become a part of this Agreement and shall appear as an Appendix.

C. A twelve-month unit member who has completed his probationary period shall, in case of

resignation, retirement, or termination, have his health and welfare benefit allocation continued through the calendar month following the month of termination provided that the unit member has been in paid status for eleven days during the final month of employment. Should the unit member have been in a paid status fewer than eleven days, the allocation shall continue only through the month of termination.

The above provisions shall apply to ten and eleven month unit members except in those cases

where such unit members have completed the full year assigned (e.g. September through June). They shall have their allocation continued through the policy period (September 30).

D. Unit members whose assignment is less than full-time shall receive health and welfare benefits (as

defined in Government Code Section 53200) prorated in accordance with the number of hours and days assigned to the position as they related to a full-time assignment.

E. An Internal Revenue Code Section 125 Flexible Benefit program is available for probationary and

permanent unit members. F. Same sex domestic partners as specified in California Family Code Section 297 shall be eligible for

health benefits, subject to qualification requirements affecting other unit members and approval of the District health benefit providers.

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F. Disability Insurance Coverage

1. The District agrees to provide a program of Disability Insurance for all unit members, with premiums deducted in the appropriate amount from each unit member by payroll deduction.

2. In the event of disability, the unit member shall use his accumulated sick leave regardless

of any benefits payable through the Disability Insurance plan. 3. A unit member is entitled to receive Disability Insurance benefits while using his five (5)

month difference pay leave. Such disability benefits when added to the five (5) months difference pay leave entitlement shall not exceed a full day’s wage.

4. This Section shall not be construed to provide any additional days leave of absence, paid

or unpaid.

G. Health insurance for married couples in which both are District employees: CSEA and the District hereby agree that in the event of two employees who are married and who may have dependent children, the full dollar amount of the family’s insurance premiums will be paid by the District up to the combined fringe benefits allowance contribution for the unit member(s)/employee(s).

All members of family voluntarily elect coverage under the same hospitalization, vision care and other insurance programs that provide for department coverage.

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ARTICLE VIII

RECLASSIFICATION

A unit member who has been in the same classification/job assignment for a period of two consecutive years may initiate a reclassification request. The purpose of a reclassification request is to determine if the duties routinely performed by the unit member are comparable to those contained in his job description. If a unit member asserts that an adjustment in classification is warranted due to a gradual accretion of duties, reorganization, and/or complexity of assignment, he must:

1. Complete the appropriate Job Analysis Questionnaire. 2. Forward the supervisor’s page to his immediate supervisor. 3. Return the completed questionnaire to Classified Human Resources.

Upon receipt of the Job Analysis Questionnaire and supervisor’s page, the District will schedule a meeting with the Reclassification Committee. The Committee will review the reclassification request and make a recommendation to the Cabinet. The Cabinet will make a decision to support the committee decision or not. If the reclassification is approved, the recommendation goes to the Board of Education for final approval. If the request is denied, the member may, within ten working days, appeal in writing to the Assistant Superintendent of Human Resources.

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ARTICLE IX

HOURS OF WORK

A. Workweek/Workday

1. The minimum workday for all full-time unit members shall be eight (8) hours excluding a 30-minute lunch period. The minimum workweek for all full-time unit members shall be forty (40) hours commencing on Sunday and ending on the following Saturday.

2. This Article shall not restrict the District from extending or altering the workday or

workweek when such is necessary in order to carry on the business of the District. On the occasion of a work shift schedule change, hours beyond eight worked within the twenty-four hour period of the change shall not be deemed to be overtime.

3. Except for emergencies, a unit member’s work schedule shall not be changed without

notice to the unit member at least five (5) working days prior to the date the change is to be effective. By mutual agreement between the District and a unit member, a unit member’s work shift or workweek may be changed without compliance with the five (5) day notice required of this Section.

4. The District will make an attempt to avoid split shifts except where necessary to maintain

the operations of the District. Dual assignments are the exception to this Section. 5. Nothing contained herein shall preclude the District from establishing a workday of less

than eight (8) hours, nor a workweek less than forty (40) hours for Head Start teachers or for unit members working part-time. The “normal” workday does not apply to unit members holding multiple part-time jobs (dual assignments).

6. Part-time unit members scheduled to work six (6) consecutive hours shall be scheduled an

uncompensated thirty (30) minutes for lunch. 7. Nothing contained herein shall prohibit or restrict the District from varying the daily hours

of youth service workers and campus security aides, as needed, provided hours worked in excess of forty (40) hours per week are compensated at the overtime rate as provided in Article VI.

B. Flexible Work Week The District and the Association agree that based on the needs of the District, unit members in

District designated positions may work a flexible schedule. The District may establish a 10-hour-per-day, 40-hour-per-week or a 9-hour-per-day, 80-hour-per-2-week schedule authorized by Education Code Sections 45132 and 45133. The District retains the authority to determine which department and/or unit members shall participate in a flexible work schedule and what that schedule will be. The best interest of the District will always be kept in mind to insure that the schedules do not unreasonably interrupt service provided.

During the week in which there is a designated holiday the unit member shall work, or take

vacation time, the regular number of hours on the schedule set by the supervisor. Vacation and leave time taken must be converted into hours off work (all hours must be accounted for by hours worked or vacation time). For example, during the week of Thanksgiving, the unit member must account for the 24 hours scheduled by his supervisor either by work or approved leave.

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C. Rest Breaks Unit members other than Head Start teachers are entitled to one (1) fifteen-minute rest break for

each four (4) hours of work. Each eight-hour shift shall include two (2) fifteen-minute rest periods, one scheduled during each half of the assigned shift. During rest periods, unit members, except bus drivers on runs, shall be relieved of all duties and may leave their immediate work stations but must remain within the general area prescribed by the District. During rest periods, bus drivers on runs may leave their vehicle but must remain within the general area prescribed by the District.

Head Start teachers shall be entitled to a ten (10) minute break per four-hour shift. All rest

breaks will be scheduled at the discretion of the immediate supervisor.

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ARTICLE X

EVALUATION PROCEDURES

Standards of performance shall be compatible with the goals of the District. The goals of the District are to have a highly-trained classified service that is responsive to students, staff, and community. The final decision on required standards of performance shall rest solely with the District. The evaluation process shall meet the following objectives: (1) identification of positive areas of performance or professional growth, (2) identification of area(s) of needed improvement, and/or (3) notification of inadequate overall job performance. The following evaluation procedures shall govern all classified unit members other than Permit Teachers (Early Head Start, Head Start, General Child Care, School Age Community Child Care, State Preschool, Cal-SAFE, etc.). A. Probationary Employees

1. Probationary unit members shall serve a six (6) month probationary period. The evaluation of a probationary unit member shall be at the end of the second (2nd) and fifth (5th) months. The evaluation on the fifth (5th) month shall include a recommendation or non-recommendation for permanent status. The Human Resources Department shall approve the recommendation no later than the end of the probationary period.

2. An evaluation conference shall be held between the supervisor or department head and

each probationary unit member. The conference shall include the unit member’s self-assessment and the employer’s evaluation.

B. Permanent Employees

1. Permanent unit members shall be evaluated in the first year of permanency in the month of his original hire date and then every second year by the respective supervisor or department head. If the unit member’s most recent evaluation has an assessment of “needs to improve” or “unsatisfactory” in the summary evaluation, then an evaluation shall be completed in the subsequent year.

2. The evaluation shall be based on job performance that relates employee assessment to job

responsibilities and respective job description. The evaluation process shall include ongoing dialogue between the unit member and the supervisor or department head. Any problem or concern identified by the evaluator shall be substantiated with valid data and facts. Any inadequate overall job performance shall include specific written recommendations and reasonable timelines for improvement. If necessary, provisions for assisting the unit member will be provided.

C. Acknowledgement of Evaluation

1. At the conclusion of the evaluation conference, the unit member shall be provided a legible copy of his evaluation signed by both parties.

2. The evaluation form shall be signed by the unit member to acknowledge receipt only;

however, this shall not be interpreted that the unit member is in agreement with the evaluation.

3. Within ten (10) working days, the unit member may make a written response to the

evaluation. The response shall be attached to the evaluation in the unit member’s personnel file. If requested, the unit member may have a conference to discuss his response.

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The following evaluation procedures shall govern only Permit Teachers (Early Head Start, Head Start, General Child Care, School Age Community Child Care, State Preschool, Cal-SAFE, etc.). A. The District retains sole responsibility for the evaluation and assessment of performance of each

unit member, subject only to the following procedural requirements. Accordingly, no grievance arising under this Article shall challenge the substantive objectives, standards, or criteria determined by the evaluator or District, nor shall the grievance contest the judgment of the evaluator; any grievances shall be limited to a claim that the following procedures have been violated.

B. Evaluation and assessment of the performance of unit members shall be made on an ongoing

basis at least twice for probationary personnel (12 calendar months for probationary period) and at least once every other year for unit members with permanent status. In the case of probationary personnel, previous to each evaluation report, at least one observation and at least one follow-up conference will have taken place.

These observations and evaluations shall be completed by the 5th and 11th month for probationary

and by May 30 of the year of evaluation for permanent personnel. Additional observations and evaluations may be done as mandated by program standards or at any time at the discretion of the evaluator.. Additional observations and evaluations may be done at any time at the discretion of the evaluator.

C. Each unit member must complete a Statement of Objectives by November 15 annually. It is the

responsibility of the unit member to work with the evaluator in establishing mutually agreed upon objectives for a specific period of time that are geared to implement District, County, State, and Federal guidelines where applicable.

D. The written objective shall include a statement regarding progress of students towards standards,

instructional techniques and strategies, adherence to curricular objectives, establishment and maintenance of a suitable learning environment, and adjunct duties and responsibilities. This shall be based on the needs and skills of the individual students (baseline data). These proposed objectives will be discussed and reviewed by the evaluator and evaluatee and mutually agreed upon.

E. If the unit member cannot concur with the evaluator on determination of objectives by

November 15, the immediate supervisor of the evaluator shall then be notified and confer with both the evaluatee and evaluator. The immediate supervisor of the prime evaluator shall make the final determination.

F. Before the end of each school year the evaluator shall meet with each unit member to discuss and

review the status of the Statement of Objectives that had been written for that year. The evaluator shall determine if the objectives were met and so indicate on the evaluation section of the objectives form. The unit member, Human Resources, and the evaluator shall receive a copy of the completed Statement of Objectives.

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ARTICLE XI

HOLIDAYS

A. Unit members, excluding Head Start teachers, shall be entitled to the following paid holidays

provided they are in paid status during any portion of the working day immediately preceding or succeeding the holiday:

New Year’s Day (January 1) and the last working day of the preceding December Dr. Martin Luther King, Jr. Day Lincoln Day Washington Day Cesar Chavez Day (March 31, day before or day after as mutually agreed upon) The Monday of Spring Vacation Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veterans Day (November 11) Thanksgiving Day and the day following Christmas Day (December 25) and either the day before or the day after as determined by the District Every day appointed by the President or Governor as a school holiday Every day designated by the Board of Education as a local board holiday for members of this unit. B. The governing board may elect to celebrate Dr. Martin Luther King, Jr. Day on the Friday or

Monday of the week in which January 15 occurs, or the third Monday in January; or Lincoln Day on the Friday or Monday of the week in which February 12 occurs.

C. When any holiday enumerated in Section A falls on a Sunday, the holiday shall be observed on

the following Monday. If the holiday falls on a Saturday, the holiday shall be observed on the preceding Friday.

D. The above provisions shall not apply to unit members working a Tuesday through Saturday

workweek. For such unit members, when the holiday listed in Section A falls on a Sunday or a Monday, the following Tuesday shall be deemed the holiday in lieu of the day observed and when the holiday falls on a Saturday, the preceding Tuesday shall be deemed to be the holiday in lieu of the day observed. These provisions may be adjusted at the request of the unit member providing the District agrees that the operational needs of the District can be met and that it is understood and agreed that such adjustment shall not result in overtime pay for the unit member.

E. Should the holiday preceding Christmas Day (December 24) or the holiday preceding New Year’s

Day (December 31) fall on a Sunday, the holiday shall be observed on the last working day before the actual holiday.

F. School recesses during the Christmas and Easter/spring periods shall not be considered holidays for

unit members who are normally required to work during those periods. G. Unit members, other than Head Start teachers, who are not normally assigned to duty during the

Christmas recess shall be paid for the specified holidays concerning Christmas and New Year’s provided they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.

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H. Unit members designated as Head Start teachers shall not be entitled to holiday pay listed herein. It is understood and agreed that holidays are to be included within the provisions of each Head Start teacher’s individual contract issued by the Human Resources Department. Head Start teachers shall not be required to work on any holiday listed in Section A of this Article.

I. Should a dispute arise over future declaration of additional days that pertain to Education Code

Section 37220, both parties agree they will meet and confer to mutually establish the time line procedure for resolution.

J. Regular Children’s Center unit members shall be given the same holidays as granted to the regular

classified employees of the District except for the holiday of Easter/spring recess. This holiday shall be granted at another time as mutually agreed upon between the Supervisor of the Children’s Center and the unit member, subject to the approval of the Superintendent or his designee.

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ARTICLE XII

LEAVE PROVISIONS

A. The benefits which are expressly provided for in this Article are the sole benefits which are part of

this collective bargaining Agreement, and it is agreed that other statutory or regulatory leave benefits are not incorporated, either directly or by implication, into this Agreement, nor are such other benefits subject to the grievance procedure, Article XIV.

B. Sick Leave

1. Full-time unit members shall be entitled to one (1) day of leave of absence, without loss of pay, for illness or injury for each month of service to the District.

2. Unit members who work less than full-time shall be entitled, during each school month of

service to that proportion of one (1) day’s leave of absence for illness or injury as the number of hours per week of scheduled duty relates to the number of hours for a full-time unit member in a comparable position.

3. Unit members who are probationary employees are not eligible to take more than six (6)

days leave of absence during the first six (6) months of service. Earned leave of absence for illness or injury may be taken at any time during the unit member’s assigned work year.

4. Earned leave of absence under this Section not used in any year shall be accumulated

from year to year. 5. Required dental or medical appointments that cannot be arranged for during non-

working hours may be treated as sick leave. However, the unit member must report for work during remainder of the working day and such arrangements are to be made with the supervisor in advance.

6. Additional non-accumulated leave shall be available for a period of not to exceed 100

days provided that the provisions of part B, 7 below are met. When a unit member is absent from his duties because of illness or accident for a period of 100 days or less beyond the period of his accumulated sick leave, the amount deducted from the salary due the unit member for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill the position during his absence.

7. If the District has reason to believe that the unit member is or has been abusing the sick

leave or the other medical leaves contained in this Article, or if the member is absent for more than three (3) consecutive days, the unit member may be required to present a medical doctor’s certificate verifying the dates and times of medical appointments, the nature of the illness or injury, the anticipated length of absence and/or certifying the unit member’s ability or inability to return to work on an unrestricted basis. The District reserves the right to have the member examined at the District’s expense by a physician designated by the District. If the report of the physician designated by the District indicates that the absence is not due to illness or injury, or that the illness or injury is not sufficiently severe to warrant continued absence, the District may, after giving notice to the unit member and giving him an opportunity to respond, refuse to grant such leave.

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8. If the unit member is absent ten (10) consecutive working days or more, because of illness or hospitalization, the principal or administrator in charge will send the “Medical Authorization for Return to Work” form to the unit member who must have it completed by a doctor and returned to the Human Resources Office for clearance to return to work.

9. A unit member, other than a bus driver or cafeteria worker, must contact his immediate

supervisor as soon as the need to be absent is known, but in no event less than one (1) hour prior to the start of the workday. Should the unit member be unable to contact the immediate supervisor, he shall call the District switchboard operator. If a call is made during the time the switchboard is not in operation, the electronic secretary shall be called and the message recorded. Failure to provide adequate notice shall be grounds for either denial of leave with pay or other disciplinary action.

10. For regular assignments, a bus driver must contact his immediate supervisor by 6:00 a.m.

prior to the start of the workday. Should the driver be unable to contact the immediate supervisor, the driver must contact the head bus driver at home. If the supervisor or head bus driver cannot be reached the driver shall report his absence to the electronic secretary. A bus driver working extra assignments on the weekend or a holiday shall contact the immediate supervisor or head bus driver at least two (2) hours prior to the start of his workday.

11. A unit member assigned as a food service employee shall, in the event of absence, call

either the Food Service Office or the District electronic secretary no later than 7:30 a.m. to report the intended absence.

12. A unit member who is absent for any portion of a day shall have that portion of the day

deducted from his accumulated leave. 13. If a unit member fails to notify the District of his intent to return to work at least one (1)

hour prior to the close of the preceding workday, and if such failure results in a substitute being secured, the unit member shall not be allowed to return to work and shall be placed on leave without pay for that day.

14. After all available paid leaves have been exhausted, and the unit member is unable to

resume duties of his position, the unit member, if a permanent employee, shall be placed on a reemployment list for a period of thirty-nine (39) months. A unit member shall be notified a month prior to the exhaustion of the five-month difference pay that the member will be terminated and placed on a 39-month reemployment list unless the member qualifies for disability benefits.

C. Industrial Accident and Illness Leave

1. A unit member who has served the District in a paid status continuously for more than six (6) months shall be entitled to a leave of absence for any accident or illness which the District’s industrial accident and insurance carrier or the Worker’s Compensation Appeals Board recognizes as a bona fide injury or illness arising out of and in the course of employment with the District.

2. Industrial accident or illness leave shall be without loss of pay for up to a maximum of sixty

(60) working days in any fiscal year. When any industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused sick leave due him for the same illness or injury.

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3. Industrial accident and illness leave shall commence on the first day of absence, and leave time shall be reduced by one day for each day of authorized absence, even if temporary disability indemnity is awarded in compliance with Education Code Section 45192(f)..

4. Any unit member receiving benefits under the provisions of this Section shall remain within

the State of California unless the District authorizes travel outside the State. 5. When entitlement for industrial accident leave has been exhausted, the unit member may

elect to use any sick leave, vacation, or other paid leave to which he is entitled, provided that payment for any such paid leave when added to any temporary disability indemnity shall result in a payment to the unit member of not more than his full salary less appropriate deductions. The five-month difference pay currently provided in Education Code Section 45196 runs consecutively with any and all paid leaves of absence, including the use of sick pay.

6. After the unit member has exhausted all but twenty-two (22) days of the five (5) month

difference provision, he shall be notified of that fact by the District, advised of the effect of exhaustion of leave, and reminded that he might qualify for Disability Insurance.

After all available paid leaves have been exhausted, and the unit member is unable to

resume duties of his position, the unit member, if a permanent employee, shall be placed on a reemployment list for a period of thirty-nine (39) months.

7. A unit member shall be required to return to service only upon presentation of a release

from the treating physician certifying the unit member’s ability to return. The unit member shall be assigned work commensurate with his limitations and the needs of the District. The District reserves the right to appoint a physician to give a second opinion concerning the unit member’s ability to assume full-time duties in the unit member’s current and/or an alternate position. Should the physicians differ in opinion, the opinion of the District’s physician shall prevail.

D. Personal Necessity Leave

1. A unit member shall be entitled to use, during each fiscal year, a maximum of seven (7) days of the sick leave provided for in Section B of this Article for any of the following purposes: a. Death of a member of a unit member’s immediate family, if leave is required in

addition to that provided by Section F of this Article. b. An accident involving a unit member’s property or the person or property of any

member of the unit member’s immediate family, if the accident is serious in nature, involves circumstances the unit member cannot reasonably be expected to disregard, and requires the attention of the unit member during working hours.

c. Appearance in court or before any administrative tribunal as a litigant, party, or

witness under subpoena or valid order to appear. The unit member must return to work if not required to be absent the entire day. Each date of necessary attendance, other than the dates specified in a subpoena, shall be certified to by the clerk or other authorized officer of the court or by an authorized official of the administrative tribunal. The unit member shall ask for and collect any witness fee to which he may be entitled and remit it to the District.

d. The serious illness of a member of a unit member’s immediate family, which the

unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during working hours.

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e. The birth of a child requiring the father to be absent during working hours. f. Imminent danger to the home or a unit member, occasioned by flood, fire, or

similar cause serious in nature, which the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during working hours.

g. When the unit member is unable to get to work because of an emergency

creating a hazardous driving condition between the unit member’s home and place of work.

h. School visitation leave. i. Circumstances of urgent personal necessity that meet the criteria outlined below:

(1) Involves circumstances which the unit member cannot be expected to disregard.

(2) Requires the attention of the unit member during assigned duty hours. (3) Is serious in nature. The following are examples of some reasons which are not acceptable for personal necessity leave: (1) Vacation, recreation, or social activities. (2) Unit member’s employee organization business or activities. (3) Extension of a school holiday or vacation. (4) Conventions related to a unit member’s avocation. (5) Spouse’s business, profession, or avocation. (6) Incarceration. (7) Political activities or demonstrations. (8) Civic or organizational activities.

(9) Routine personal activities. (10) Business interests or other employment.

2. A unit member seeking personal necessity leave under this provision must complete the appropriate District form (P-21) and submit it to his principal or department head in a timely manner.

3. Under all circumstances, a unit member shall verify in writing on the appropriate District

form (B-2) that the personal necessity leave was used only for purposes as set forth above. A unit member will be subject to appropriate discipline if the leave was used for purposes other than stipulated.

4. Those situations covered by 1-c and 1-h above require approval before such leave is taken.

The required approval may be waived by the Superintendent or his designee. 5. Each unit member may take up to five (5) days of his seven (7) personal necessity leave

days each school year charged against accumulated sick leave for reasons which are personal or private in nature, and for which he shall not be required to give an explanation, subject to conditions set forth in paragraph i above. Prior approval for such days must be obtained using form P-21 which certifies that any such personal leave taken by him was not for an extension of a recess provided for by this Agreement, nor for any concerted activity, slow down, or work stoppages, nor to attend to a matter which could have been attended to during his non-duty hours. The District may impose a cap of 1% with no more than one unit member absent per site or department for the smooth operation of the District.

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E. Bereavement Leave Each unit member shall be entitled to three (3) days of leave of absence, without loss of pay, or

five (5) days if out-of-state or 400 miles travel in one way is required, for the death of any of the following: mother, father, grandmother, grandfather, or grandchild of the unit member or of the spouse of the unit member, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, or any person “en loco parentis” of the unit member, or any person living in the immediate household and considered to be part of the immediate family.

F. Court Attendance Leave

1. A maximum of three (3) days of leave shall be granted each year to any unit member who must appear as a witness in court, other than as a litigant, provided that the unit member’s presence is not required because of the connivance or misconduct of the unit member.

2. The leave of absence shall be without loss of pay except that the unit member shall

receive the difference between regular earnings and the amount received for witness fees. The unit member shall ask for and collect any witness fees to which he may be entitled and remit those fees to the District.

3. Court attendance leave not taken in any one year shall not accumulate from year to

year. 4. The unit member must work that part of the day when his presence is not required in

court and shall attempt to be placed “on call.” G. Quarantine Leave A unit member shall be entitled to leave of absence, without loss of pay, because of quarantine

resulting from contact while performing regular duties with persons having a contagious disease, or because of temporary inability to perform the services required of him because of a quarantine. This leave applies only to the unit member’s quarantine, and not for illness and quarantine of the unit member. In the latter instance, sick leave provisions would cover the absence.

H. School Business Leave

1. A unit member who is a regular employee shall be allowed time off without loss of pay to attend functions that benefit the District.

2. Determination of functions that benefit the District shall be at the discretion of the

Superintendent of School. I. Maternity Leave

1. Unit members are entitled to use sick leave, as set forth in Section B of this Article, for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing leaves of absence from other illness or medical disability. Such leave shall not be used for child care, child rearing, or preparation for child bearing, but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the unit member and the unit member’s physician; however, the District may require a verification of the extent of disability through a physical examination of the unit member by a physician appointed by the District whose specialty is in the field of the challenged disability. The fee of the District-approved physician shall be borne by the District.

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2. Unit members may request a leave without pay or other benefits for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave as set forth in Section B of this Article has been exhausted. After all available paid leaves have been exhausted, and the unit member is unable to resume the duties of her position, she shall either resign or request a leave of absence without pay. Should the request for a leave be denied, the permanent employee shall be terminated and placed on a reemployment list for a period of thirty-nine (39) months.

J. Personal Business Leave

1. Unit members shall be allowed time off from work, without pay, as determined by the Superintendent of Schools, or his designee, for other valid reasons not covered by the personal necessity leave provided for in Section D of this Article.

2. The unit member must make prior arrangements with his immediate supervisor in time to

allow for proper coverage of the unit member’s responsibilities during his period of absence.

K. Leave of Absence

1. A unit member desiring a formal leave of absence for a specified time shall apply to the Board of Education by submitting the proper request to the Human Resources Office through the department head.

2. All other requests for leave must be made through the principal or department head and

approved by the Superintendent and the appropriate Assistant Superintendent. L. Jury Duty Leave

1. Immediately upon receipt of any communication concerning jury duty, the unit member shall notify his immediate supervisor and shall provide a copy of any written communication to his immediate supervisor and the Human Resources Office.

2. Unit members shall be granted leaves of absence for jury duty in the manner provided by

law. Unit members serving on jury duty will serve at no loss of pay or other benefits. Verification of jury duty service from the court shall be submitted to the unit member’s immediate supervisor upon completion of jury duty services. Per Diem fees earned from jury duty on workdays will be reimbursed to the District. Such fees are not to include reimbursements for travel-related expenses or for meal allowances if the courts provide such reimbursements. Unit members will be allowed to keep that portion of their jury duty compensation that was earned outside of their regular work hours.

3. No more than 2% of each classification within the unit membership shall be granted jury

duty leave with pay at any one time. 4. Unit members must return to work if not required to be absent the entire working day.

Each date of necessary attendance shall be certified by the clerk or other authorized officer of the court or by an authorized official of the administrative tribunal.

Full-time unit members shall be excused from work each day the amount of time on an

hour-for-hour basis that they served on jury duty. Reasonable travel time shall be allowed.

Part-time unit members shall be excused from work each day those jury hours that

overlap their work schedule. Reasonable travel time shall be allowed.

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M. School Visitation Leave

1. A full-time unit member who is a parent or guardian of any child in kindergarten through grade 12, or licensed child day care facility, will be allowed to use up to forty(40) hours each year (up to eight (8) hours in any calendar month), to participate in activities at the child’s school or day care facility. The unit member shall, prior to taking the time off, give reasonable notice to the employer of the planned absence. Part-time employees are allowed a proportionate number of hours.

2. A unit member shall utilize existing vacation, personal necessity, personal business leave, or

compensatory time off for purposes of this planned absence. 3. The unit member, if requested by the employer, shall provide documentation from the

school as proof that he visited the school or day care facility as proof that he visited the school on a specified date and at a particular time. For purposes of this Section, “documentation” means whatever written verification of a parental visit the school deems appropriate and reasonable.

N. Family Care and Medical Leave (FCML)

The District shall grant to all eligible members State and Federal Family Care and Medical Leave without discrimination in accordance with guidelines set forth in this Article.

1. Eligibility

a. All unit members who have served the District for at least 12 months and have at

least 900 hours of service with the District the previous 12-month period shall be eligible to take unpaid Family Care and Medical leave.

b. Family Care and Medical Leave shall be granted under the following

circumstances: (1) Birth of the unit member’s child and in order to care for the child. (2) Placement of a child with unit member for foster care or in connection

with the unit member’s adoption of the child. (3) To care for a unit member’s child, parent, or spouse with a serious health

condition. (4) The unit member’s own serious health condition that makes the unit

member unable to perform the functions of his/her position. 2. Duration of Leave

a. The leave shall not exceed the equivalent pro-rated allocation in a 12-month period beginning July 1 each year as follows:

Hours Worked Previous Year Maximum Leave Provided 900 – 999 9 weeks 1,000 – 1,099 10 weeks 1,100 – 1,199 11 weeks 1,200+ 12 weeks b. The leave may be taken intermittently in increments of one hour. c. A unit member may use any appropriate leave under this Article consecutively to

Family Care and Medical Leave.

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d. The right to take a Family Care and Medical Leave is separate and distinct from the right to take a pregnancy disability leave under state law.

e. Leave taken for a birth or placement for adoption or foster care must be

concluded within one year of the birth or placement. 3. Maintenance of Benefits

a. During the period of Family Care and Medical Leave, the unit member shall continue to be entitled to participate in the District’s health plan and the District shall continue to pay health care premiums under such plan on the same terms as if the unit member had continued to work during the period of the leave.

b. Failure of a unit member to return to work at the conclusion of the Family Care

and Medical leave may result in the unit member being required, according to Family Care and Medical Leave laws, to reimburse the District for health care premiums paid by the District during his/her leave.

4. Reinstatement

a. Family Care and Medical Leave terminates when the unit member returns to

continuous active service or uses up his/her allotment of time. The unit member shall be reinstated immediately to the position held by the unit member at commencement of the leave.

b. If that position no longer exists, the unit member will be reinstated to an

equivalent position. 5. Procedural Requirement—Notice Family Care and Medical Leave commences on the date indicated by unit members on

the leave notice given to the Human Resources Department. Leave notice shall include:

a. Date leave will commence. b. Pattern of leave if not continuous. c. Anticipated return date of unit member, if known. d. Unit member’s eligibility for leave (see 1 above). e. In any case in which the District has reason to doubt the validity of the certification

provided, the District may require, at the District’s expense, that the eligible unit member obtain the opinion of a second health care provider designated or approved jointly by the District and the unit member concerning any certified information. The health care provider designated or approved by the District shall not be employed on a regular basis by the District.

f. The District may require that the eligible unit member obtain subsequent

recertification for an extension of the leave if the District has reason to believe the original certification is no longer valid.

g. The unit member can be required to provide certification of the serious medical

condition of the family member, including a health care provider’s certification that the unit member is needed to care for the family member.

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6. Definition

a. “Child” – includes a biological, adopted, or foster child, stepchild, legal ward, or child of a person who stands “in loco parentis.” The child must be either under the age of 18 or incapable of self-care because of mental or physical disability.

b. “Spouse” – includes any spouse recognized under State law. c. “Parent” – includes individuals who stand “in loco parentis” to the unit member. d. “Serious Medical Condition” – a serious health condition is an illness, injury, or

condition that involves: (1) Inpatient hospitalization (regardless of the duration). (2) A period of incapacity requiring absence from work, school, or other

activity for three or more days, and that also involves continuing treatment by a health care provider.

(3) A chronic or long-term condition for which the individual is under the continuing supervision of a health care provider (although they may not be receiving active treatments). Examples given in the regulations include patients with Alzheimer’s and those who have suffered a severe stroke.

(4) Continuing treatments by a health care provider to prevent a condition that, if left untreated, could result in an incapacity of more than three days.

(5) Prenatal care, childbirth, and recovery from childbirth. e. “Continuing Treatment” – for those medical conditions not involving inpatient

care, continuing treatment means: (1) Two or more visits to a health care provider. (2) Two or more treatments by a health care practitioner on referral from, or

under the direction of, a health care provider. (3) A single visit to a health care provider that results in a regimen of

continuing treatment (for example, a course of medication or therapy). f. “Needed to Care For” – a unit member is needed to care for a family member in

the following situations: (1) The unit member is needed to provide the family member with medical

care, personal hygiene, nutritional needs, transportation to a doctor, etc. (2) The unit member is needed to provide psychological comfort and

reassurance that would be beneficial to a seriously ill child or parent receiving inpatient care.

(3) The unit member is needed to fill in for other care givers, or to make arrangements for care (such as finding a nursing home).

g. “Health Care Provider” – regulations define health care provider as:

(1) A doctor of medicine or osteopathy. (2) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor

performing within the scope of his/her practice. (3) A nurse practitioner or nurse midwife performing within the scope of

his/her practice. (4) A Christian Science practitioner listed with the First Church of Christ

Scientist in Boston, Massachusetts. In the case of a Christian Science practitioner, the employer may request a second opinion from another type of health care provider.

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O. Vacation

1. Unit members shall be granted one (1) day of vacation per calendar month served during their first through fifth years of service with the District; one and one-fourth (1 ¼) days of vacation per calendar month served during their sixth through the tenth years of service with the District; one and one-half (1 ½) days of vacation per calendar month served during their eleventh through the fifteenth years of service with the District; and one and three-fourths (1 ¾) days of vacation per month served during their sixteenth and following years of service with the District.

2. Compensation for each day of vacation granted and taken shall be at the same rate of

pay and hours of assignment to which the unit member would be entitled should he have worked.

3. For the purpose of computing the number of years of service in determining vacation

entitlement under Section 2 above, unit members must have served a minimum of six (6) calendar months during the fiscal year of initial employment for unit members on a twelve (12) month assignment; five and one-half (5 ½) months for unit members on an eleven (11) month assignment; and five (5) months for unit members on a ten (10) month assignment.

4. After the initial employment period, unit members must have provided service by actively

working for 75 or more per cent of their year’s assignment in order for that year to be counted toward additional vacation entitlement. For purposes of this provision, sick leave days are not to be counted as active service. This provision shall apply to current and returning employees.

5. Unit members in job classifications that essentially provide direct services to students

(instructional aides, food service workers, bus drivers, etc.) shall have vacations scheduled during Christmas/winter and Easter/spring recess or other days when schools are not in session. When such unit members through longevity, have earned additional days that cannot be scheduled during non-student days, they may be taken during school days as requested if approved by their supervisors.

6. Vacations shall be taken at the convenience of the District. When it meets the needs of

the District, the District agrees to schedule vacations for unit members at a time requested by the unit member. If the unit member is not permitted to take his full annual vacation due to work load or conflicting vacation schedules as determined by the immediate supervisor, the amount not taken shall either accumulate for use in the next fiscal year (not to exceed five days) and/or be paid for in cash at the option of the unit member.

7. Earned vacation shall not become a vested right until completion of the initial six months

of service with the District. However, unit members may be granted vacation at the convenience of the District at any time during the year even though not yet earned.

Pay for vacation taken but not earned shall be deducted from the unit member’s final

warrant when the unit member terminates his employment with the District. 8. Unit members working fewer than twelve (12) months during the fiscal year shall take

their vacation during Christmas and Spring recess periods at the discretion of the District. Any days during the Christmas and Spring recess periods not compensated for by vacation and/or holidays shall be taken off without pay.

9. This Section shall not apply to Head Start teachers. Such unit members are provided for in

Section P.

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P. Vacations—Head Start Teachers Unit members designated as Head Start teachers do not qualify for vacation per se. They are to

be assigned the same working and non-working days as regular (K-12) classroom teachers. Q. Employee Incentive Program for Good Attendance

Unit members who utilize less than 25% of their annual sick leave allocation for any purpose shall be entitled to an incentive bonus equal to 50% of the difference between their annual allocation of sick leave remaining at the end of the fiscal year and 75% of said annual allocation times the unit member’s hourly salary in effect during that year. The incentives shall be paid by the District between Thanksgiving and Christmas of the following fiscal year for which it is earned and shall not be a charge against the unit member’s accumulated sick leave.

R. Catastrophic Leave 1. A unit member who is, or whose family member is, suffering from a catastrophic illness or

injury may request donations of accrued sick/vacation leave credits under the catastrophic leave program.

2. “Catastrophic illness” or “injury” means a physical illness or injury that is expected to

incapacitate the unit member for an extended period of time or that incapacitates a member of the unit member’s family which requires the unit member to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the unit member because he/she has exhausted all of his/her sick leave and vacation leave. The District shall allow a voluntary joint pool of other units willing to participate and donate leaves to catastrophic leave.

3. In order to be eligible for the catastrophic leave program, the unit member must have

exhausted all current and accumulated sick leave entitlement; however, he/she may apply for the leave prior to exhausting all leave time.

4. A unit member requesting donated sick/vacation days from the catastrophic leave

program must complete a form, Request for Catastrophic Leave Program, and submit the form to the Human Resources Office. The Human Resources Office shall forward a copy of the request to Payroll to verify the unit member’s sick/vacation leave balance and eligibility.

5. The Human Resources Office shall convene a Committee consisting of two Association

members and one District administrator within ten (10) working days of the receipt of the unit member’s request to use the catastrophic leave program. The Committee shall determine the eligibility of the unit member requesting sick/vacation days from the program and may request additional evidence to support the unit member’s request. The decision of the Committee shall be sent to the unit member and Human Resources Office within five (5) working days of the date the Committee convened and finalize its determination on eligibility. The decision of the Committee shall be final and binding and not subject to the grievance procedure contained by this Agreement.

6. It is not the intent of the catastrophic leave program to compensate for routine maternity

and/or childcare leave unless it meets the definition of catastrophic illness or injury; and/or for lingering health problems that are not considered life threatening and/or regular periodic illness.

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7. Any permanent unit member who has an equivalent of 80 hours of earned sick leave may contribute a minimum of 8 hours, up to a maximum of 40 hours of his/her personal sick leave (in 8-hour increments) per fiscal year by notifying the Human Resources Office on a form, Catastrophic Leave Program Donation.

8. Donated sick/vacation leave days shall be logged in time-stamped under the donor’s

name and deducted from each donor’s accrued sick/vacation leave on a rotational basis, 8 hours at a time for the duration of the catastrophic leave period. Deduced sick/vacation leave hours shall not be retrievable by the donating unit member. Any unused donated hours shall be returned to the donating unit member’s accrued leave.

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ARTICLE XIII

TRANSFERS

For the purposes of this Article, a “transfer” is a relocation of a unit member between schools or other work locations which does not alter his number of hours and where responsibilities are covered by the same job classification. “Transfer” is not to be confused with promotion, demotion, or change in classification. A. A list of all classified vacancies shall be maintained by the Human Resources Office. When a

classified position becomes available during the year, the District will distribute notices of the opening. Such notices shall contain the job title, the qualifications required for the position, the number of hours per day, the months per year assigned to the position, the salary level, the filing deadline for the vacancy, and when practicable, the job site. The Human Resources Office shall make available on request a copy of the job description.

B. Employees may file for a specific vacancy by submitting written notice to the Human Resources

Department within the filing period. Such filing shall be six (6) working days from the date of distribution of the notices.

C. Consideration will be given to all applications for a vacancy which are properly submitted.

Applicants who are currently classified employees will be given first consideration for such openings providing they possess equal or better qualifications than any outside applicant; however, the final selection is within the sole discretion of the District.

D. Requests for transfer will be considered on the basis of the following criteria which are listed in

order of priority:

1. Qualifications of the employee compared to other applicants for the position including outside candidates.

2. Length of service to the District within classification.

E. A unit member not selected to fill a position for which he has applied may request a meeting to

discuss ways to become a better candidate for similar jobs in the future. If a unit member requests the reasons in writing, it shall be provided within ten days and a copy placed in the personnel file. The unit member has the right to attach comments to the written response.

F. All transfer requests shall remain on file for a minimum of one year. G. Transfers of employees may be initiated by the District at any time whenever such transfer is in the

best interest of the District, as defined by the District. An employee affected by such transfer shall be given notice as soon as administratively practicable.

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ARTICLE XIV

GRIEVANCE PROCEDURE A. Definitions

For the purposes of this Article: A “grievance” is defined as, and limited to, a statement by a unit member that the District has

violated an express term of this Agreement and that by reason of such violation his rights under this contract have been adversely affected.

A “day” is any day the central administration office of the Baldwin Park Unified School District is

open for business. B. Any unit member may at any time present grievances to the District and have such grievances

adjusted without the intervention of the Association. In situations where the Association has not been invited to represent the unit member, the District shall not agree to a final resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

C. The unit member shall be entitled, upon request, to have a representative from the Association at

all grievance meetings. The immediate supervisor may invite a representative of management to be present at such meetings. More than one representative may attend such meetings only by mutual agreement between the parties.

D. Once a grievance is filed at the formal level, it is confidential. Until such time as the grievance is

resolved, no public discussion may be made of the case by the District, the individual, or the Association.

E. Grievances are to be filed in a timely manner through the steps listed below: Informal Level The unit member should attempt to resolve an alleged grievance by an informal meeting with his

immediate supervisor (i.e. at the building level, the principal) within ten (10) days following the incident which gave rise to the alleged grievance.

Formal Level Step 1: In the event the grievant is not satisfied with the decision reached at the Informal Level, he

shall reduce the grievance to writing on the appropriate form. The grievant shall fully state the facts surrounding the grievance, detail the specific provision(s) of this Agreement alleged to have been violated, specify the remedy sought, sign and date the form, and hand-deliver it to his immediate supervisor within thirty (30) calendar days after the event giving rise to the grievance. A meeting with the unit member and his immediate supervisor will be arranged to review and discuss the grievance within five (5) days from the date the written grievance is received by the immediate supervisor. The immediate supervisor will give a written reply by the end of the fifth day following the date of the meeting and the giving of such reply will terminate Step 1. If the grievance is resolved or if the grievant does not wish to take further steps, the case is closed.

Step 2: In the event the grievant is not satisfied with the decision at Step 1, the grievant may,

within five (5) days after the termination of Step 1, file an appeal on the appropriate District form to the Assistant Superintendent of Human Resources. All of the written information presented at Step 1 and a copy of the reply given by the supervisor at Step 1 shall be transmitted by the grievant to the Assistant Superintendent of Human Resources at that time.

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A meeting will be arranged to review and discuss the grievance. Such meeting will take place

within five (5) days from the date the grievance is received by the Assistant Superintendent of Human Resources. The Assistant Superintendent may elect to: hear the case; designate another Assistant Superintendent, a director, or the Director of Classified Human Resources to hear the case; or hear the case in conjunction with one of the aforementioned.

The Assistant Superintendent of Human Resources or his designee will communicate his decision to

the grievant in writing by the end of the fifth day following the date of the meeting and the giving of such reply will terminate Step 2. If the grievance is resolved or if the grievant does not wish to take further steps, the case is closed.

Step 3: In the event the grievant is not satisfied with the decision at Step 2, the grievant may,

within five (5) days, appeal the decision on the appropriate form to the Superintendent. The appeal shall include a copy of the original grievance, the decisions rendered heretofore, and a clear, concise statement of the reasons for the appeal.

A meeting will be arranged to review and discuss the grievance within ten (10) days from the date

the grievance is received by the Superintendent. A decision shall be rendered by the Superintendent within ten (10) days from the date of such

meeting, and the rendering of such decision will terminate Step 3. Step 4: A grievance which is not settled pursuant to Step 3, and which both the grievant and the

Association desire to contest further, and which involves the interpretation or application of the express terms of this Agreement, shall be submitted to advisory arbitration as provided in this Article, but only if the grievant gives written notice to the District of his desire to arbitrate the grievance within ten (10) days after the termination of Step 3. It is expressly understood that the only matters which are subject to advisory arbitration are grievances which were processed and handled in accordance with the grievance procedure described heretofore in this Article.

As soon as possible and in any event not later than ten (10) days after the District receives written

notice of the grievant’s desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement can be reached within said ten (10) days, the parties shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the advisory arbitrator. The order of the striking shall be determined by lot.

The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the

terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the grievance. The recommended decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.

This Agreement constitutes a contract between the parties which shall be interpreted and applied

by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall, therefore, not have authority nor shall he consider it his function to decide any issue not submitted or to so interpret or apply the Agreement as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement may be relevant evidence, but shall not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of the written terms of this Agreement. The arbitrator shall not render a recommendation which provides relief beyond the time at which the arbitrator has reason to believe the grievant was aware of the incident giving rise to the grievance. Nor shall the arbitrator render a recommendation which exceeds any statute of limitation set forth by District

40

policy and/or laws governing said limitations. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement.

The decision of the arbitrator within the limits herein prescribed shall be advisory to the Board of

Education, and shall be in the form of a recommendation to the Board of Education. If neither party requests in writing to the Board to undertake review of the advisory decision within ten (10) days after its presentation to the Board of Education, then the decision shall be deemed adopted by the Board and become binding on all parties. Such presentation shall not be later than the next regularly scheduled Board of Education meeting after receipt of the arbitrator’s decision. If a timely request for review is filed with the Board, then the Board shall undertake review of the entire hearing record. Within thirty (30) days after receiving the record, the Board shall render a decision on the matter, which decision shall be binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator.

F. All fees and expenses of the arbitration shall be paid by the losing party (the party determined to

be the losing party by the arbitrator). Each party shall bear the expense of the presentation of its own case.

G. The arbitrator may hear and determine only one grievance at a time unless the parties expressly

agree otherwise. H. The Association shall have sole right to determine whether or not a grievance on behalf of one of

its unit members shall be taken to arbitration. I. If the District fails to respond to the grievance within the time limits set forth in this Article the

grievant may proceed to the next step. If a grievance is not processed by the unit member in accordance within the time limits set forth in this Article, it shall be considered settled on the basis of the decisions last made by the District.

J. Unit members shall be given a reasonable amount of time off in order to process their grievance

during the day. K. In case of extreme emergency, the number of days may be extended at each step provided that

there is mutual agreement between the Superintendent and the Association. L. The following Articles are not grievable: Article I, Term of Agreement; Article II, Recognition;

Article III. District Retained Rights; Article XIV, Grievance Procedure; Article XVIII, Savings, and Article XIX, Entire Agreement.

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ARTICLE XV

PROFESSIONAL DEVELOPMENT

The District and the Association agree to use shared decision making to improve the quality of professional development programs in the District. Professional development is life-long learning that will educate and energize staff to bring out the best in each student. The purpose of Professional Development is to develop a plan that is flexible enough to meet District goals, site goals, and individual goals. The needs of the students and classified staff are of prime consideration. 180-day unit members who provide direct service to TK-12 students, (i.e., Instructional Aides, School Community Liaisons, English Learner Programs Assistants, Job Developers, WorkAbility Job Developer) shall be invited to attend two “buy-back” days to participate in professional development when scheduled in the instructional calendar. Voluntary participants shall be compensated for 6.5 hours at their hourly rate. Members in attendance must be present the full day (6.5 hours) to receive compensation. Individual school sites and/or departments will determine the type of professional development with the intent of developing skills and knowledge required to perform respective members’ job duties and responsibilities.

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ARTICLE XVI

SAFETY CONDITIONS

A. A unit member has the responsibility to submit a written report of unsafe conditions to his

principal or designated supervisor regarding the maintenance of safe working conditions, facilities, equipment repairs and modification, and other practices designed to insure compliance with applicable safety standards. No unit member shall be retaliated against for reporting an unsafe condition.

B. When a unit member has submitted such a report, the District will move to evaluate and remedy

the situation, if needed. C. The District will maintain an ongoing program to survey the safety conditions of all school facilities

on an annual basis. D. Each school principal shall establish a safety committee consisting of representation from the

Association whose responsibilities shall include orientation for new unit members to safety procedures, investigation of accidents, and a monthly inspection of work areas.

E. Drug Testing Bus Drivers, because of the nature of their work and to insure public safety, are subject to the

following:

1. Random drug and alcohol testing. 2. Drug and alcohol testing following an accident. 3. Drug and alcohol testing as a requirement for re-licensing. 4. Drug and alcohol testing when the employer has cause to believe that a driver is under

the influence of alcohol or a controlled substance. 5. All unit members are subject to drug and alcohol testing according to Board Policy 4112.42

and the Omnibus Transportation Employee Testing Act of 1991. 6. The testing is to be done in the District’s selected facility and paid for by the District.

Failure to comply with the testing order or a determination of drug and alcohol presence may be cause for immediate dismissal.

F. The District and the Association agree to negotiate and incorporate into the Agreement the

policies and regulations required to comply with the Omnibus Transportation Employee Testing Act of 1991.

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ARTICLE XVII

WORK STOPPAGE AND/OR CONCERTED ACTIVITIES

A. It is agreed and understood that there will be no strike, work stoppage, slow-down, picketing, or

other concerted action or refusal of failure to fully and faithfully perform job functions and responsibilities or other interference with the operations of the District by the Association or by its officers, agents, or unit members during the term of this Agreement, including compliance with the request of other labor organizations to engage in such activity.

B. The Association recognizes the duty and obligation of its representatives to comply with the

provisions of this Agreement and to make every effort toward inducing all unit members to do so. In the event of a strike, work stoppage, slow-down, or other interference with the operations of the District by unit members, the Association agrees in good faith to take all necessary steps to cause such unit members to cease such action.

C. It is understood that any unit member violating this Article may be subject to discipline up to and

including termination by the District when such disciplinary action is consistent with law. D. It is understood that in the event this Article is violated, the District shall be entitled to withdraw

any rights, privileges, or services provided for in this Agreement, from any unit member and/or the Association.

E. The District agrees not to lay off unit members as the result of any work stoppage, or work slow-

down by any employees of another bargaining unit recognized by the District.

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ARTICLE XVIII

SAVINGS

If any provision of this Agreement or any application thereof to any member of the bargaining unit should be held to be contrary to law by decision of a court or tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by such court or tribunal pending a final determination as to its validity, such provision will be deemed invalid to the extent required, but all other provisions will continue in full force and effect. In the event of suspension or invalidation of any Article or Section of this Agreement, the parties agree to meet and negotiate within thirty (30) days after all methods of appeal have been exhausted for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.

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ARTICLE XIX

ENTIRE AGREEMENT

A. It is understood and agreed that the specific provisions contained in this Agreement shall prevail

over District practices and procedures and over State laws to the extent permitted by State law, and that in the absence of specific provisions in this Agreement such practices and procedures are discretionary with the District.

B. The Association agrees that this Agreement is intended to cover all matters relating to wages,

hours, and all other terms and conditions of employment as defined by Government Code Section 3543.2 and that during the term of the Agreement neither the District nor the Association will be required to meet and negotiate on any matters affecting these or any other subjects not specifically set forth in this Agreement, whether or not the subject is included in the Agreement, whether or not the subject was in the contemplation of the parties at the execution of the Agreement, whether or not the subject was negotiated by the parties prior to the execution of the Agreement, and whether or not the subject is later added to Section 3543.2 by the legislature or interpreted to be within such section by the Public Employment Relations Board or by a court of appellate jurisdiction except that the District and Association shall negotiate annually on health and welfare benefits (as defined by Government Code Section 53200) and salary. This Article is intended by the parties as a clear and convincing waiver of any negotiating rights that the parties may have in regard to any and all matters subject to the Meet and Negotiate Process of Government Code Section 3543.2.

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Baldwin Park Unified School District CLASSIFIED SALARY SCHEDULE (Excluding Permit Teacher Positions)

APPENDIX A CLASSIFICATION AND RANGE

Effective July 1, 2014

Title Range Title Range

Accounting and Related Series Account Clerk II 23 Account Clerk III 27 Attendance Acctg./Student Information Systems Technician 38 Bookkeeper 28.5 Buyer 30.5 Nutrition Services Bookkeeper 28.5 Payroll Technician 28 Purchasing Clerk 23 Student Body Assistant 23

Clerical and Secretarial Clerk Typist I 15.5 Clerk Typist II 20 Clerk Typist III 21.5 Compliance & Accountability Tech. 31 Counseling Technician 21 Data Entry Operator 23 Graphic Artist 26.5 Health Clerk 18.5 Human Resources Technician 27.5 Intake Clerk 23 Personnel Technician 27.5 Police Dispatcher/Clerk 20

School Secretary I 23 School Secretary II 24 School Secretary III 25 School Secretary IV 28

Secretary I 23 Secretary II 25 Secretary II (Bilingual) 25 Secretary III 27

Switchboard Opr./High School 18 Switchboard Opr./Personnel Clerk 20 Switchboard Opr./Receptionist 19 Workers’ Compensation/Benefits Technician 30

Custodial Athletic Equipment/Facility Attendant 22.5 Custodian A (Day) 20 Custodian B (Night) 21 Girls Restroom Attendant 17.5 Head Custodian I 24 Head Custodian II 25.5

Educational Information Services Computer Service Technician I 33 Data Base Analyst I 39 Educational Technology and And Support Technician 27.5 Network Technician I 39 Network Technician II 54 Sr. Database Analyst 54 Service Technician II 38 Food Service Food Service Assistant I 8 Food Service Assistant II 11.5 Food Service Assistant III 13 Food Service Cook/Baker 15 Food Service Cook/Manager I 17 Food Service Cook/Manager II 22 Nutrition Services Aide 2.5 Instructional/Classroom Related Series Accompanist 20 Adult School Babysitter 9.5 Adult School Lead Child Care Attendant 15.5 After School Academy Partnership Site Manager 15 Behavioral Asst.-Special Education 16.5 Child Aide 10 Child Aide-Bilingual 10.5 District Community Aide 20 Early Childhood Education Specialist 36.5 English Learner Programs Assistant 20 Family Services Facilitator 20 Graphic Arts/Curriculum Lab Technician 24.5 Head Start Disabilities Specialist 36.5 Home Liaison/Receptionist 16 Instructional Aide-Alternative Programs 15.5 Instructional Aide-Bilingual 16 Instructional Aide-Classroom 15.5 Instructional Aide-Early Childhood Educ. 15.5 Instructional Aide-Early Ch. Educ/Bilingual 16 Instructional Assistant-Moderate/Severe Cls. 16.5 Instructional Assistant-Special Education 16 Instructional Assistant-Specialized Health 16.5 Instructional Materials Clerk 20.5 Instructional Materials Clerk I (Bilingual) 20.5 Instructional Materials Clerk II 26 Instructional Materials Technician 31

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APPENDIX A CLASSIFICATION AND RANGE (continued)

Effective July 1, 2014 Title Range Title Range Instructional/Classroom Related Series, continued Job Developer 24 Library Aide 15.5 Library Technical Assistant 19.5 Library Technician 23 Noontime Supervision Worker 2.5 Resource Aide-Computer Laboratory 15.5 School/Community Liaison 20 Speech/Language Pathology Assistant 29 Youth Leader 15.5 Youth Service Worker 27 Maintenance and Grounds Cabinet Maker 35 General Maintenance/Carpenter 33 General Maintenance/Electrician 34.5 General Maintenance/Glazier 33 General Maintenance/Heating-Air Conditioning 34.5 General Maintenance/Locksmith 34 General Maintenance/Painter 33 General Maintenance/Plumber 34.5 Grounds/Utility Worker I 21.5 21.5 Grounds/Utility Worker II 26 Lead Maintenance/Painter 36.5 Maintenance Coordinator 31 Maintenance Worker 29 Pool Maintenance Worker 22.5 Sprinkler & Irrigation Mechanic 31.5

Performing Arts Publicity Advisor-Adult School 31.5 Stage Technician, Performing Arts Center 32 Print Shop Reprographics Technician I 24.5 Reprographics Technician II 27 Security Campus Security Aide 18.5 Transportation Bus Driver 23.5 Bus Driver/Trainer 27 Dispatcher/Bus Driver 27 Garage Service Worker 20 Lead Vehicle Maintenance Mechanic 39.5 Service Mechanic 28.5 Vehicle Maintenance Mechanic 36 Warehouse and Delivery Receiving Clerk 29.5 Textbook Inventory Clerk 27.5 Textbook/Multimedia Accountability Tech. 33 Warehouse & Delivery Driver 27.5 Miscellaneous Head Start/State PreSchool Nurse 36.5 WorkAbility I Job Developer 24

A monthly anniversary increment shall be granted as follows: At the beginning of the 10th year of service in the District - $ 60.00 At the beginning of the 15th year of service in the District - 98.00 At the beginning of the 20th year of service in the District - 135.00 At the beginning of the 25th year of service in the District - 173.00 At the beginning of the 30th year of service in the District - 210.00 At the beginning of the 35th year of service in the District - 248.00 Increments for part-time employees shall be granted on a prorated basis.

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APPENDIX A, continued CLASSIFIED SALARY SCHEDULE (Excluding Permit Teacher Positions)

Effective July 1, 2014

Range 1 2 3 4 5

1 $ 1819 $ 1907 $ 1999 $ 2096 $ 2205

1.5 1843 1938 2025 2121 2231

2 1854 1958 2053 2150 2266

2.5 1883 1988 2075 2180 2284

3 1907 1999 2096 2205 2318

3.5 1938 2025 2121 2231 2339

4 1958 2053 2150 2266 2375

4.5 1988 2075 2180 2284 2406

5 1999 2096 2205 2318 2421

5.5 2025 2121 2231 2339 2466

6 2053 2150 2266 2375 2492

6.5 2075 2180 2284 2406 2522

7 2096 2205 2318 2421 2543

7.5 2121 2231 2339 2466 2584

8 2150 2266 2375 2492 2617

8.5 2180 2284 2406 2522 2657

9 2205 2318 2421 2543 2677

9.5 2231 2339 2466 2584 2714

10 2266 2375 2492 2617 2747

10.5 2284 2406 2522 2657 2780

11 2318 2421 2543 2677 2814

11.5 2339 2466 2584 2714 2851

12 2375 2492 2617 2747 2887

12.5 2406 2522 2657 2780 2920

13 2421 2543 2677 2814 2954

13.5 2466 2584 2714 2851 2995

14 2492 2617 2747 2887 3035

14.5 2522 2657 2780 2920 3063

15 2543 2677 2814 2954 3104

15.5 2584 2714 2851 2995 3139

16 2617 2747 2887 3035 3176

16.5 2657 2780 2920 3063 3217

17 2677 2814 2954 3104 3267

17.5 2714 2851 2995 3139 3302

18 2747 2887 3035 3176 3338

18.5 2780 2920 3063 3217 3379

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APPENDIX A, continued CLASSIFIED SALARY SCHEDULE (Excluding Permit Teacher Positions)

Effective July 1, 2014

Range 1 2 3 4 5

19 2814 2954 3104 3267 3413

19.5 2851 2995 3139 3302 3453

20 2887 3035 3176 3338 3515

20.5 2920 3063 3217 3379 3540

21 2954 3104 3267 3413 3587

21.5 2995 3139 3302 3453 3634

22 3035 3176 3338 3515 3669

22.5 3063 3217 3379 3540 3725

23 3104 3267 3413 3587 3778

23.5 3139 3302 3453 3634 3820

24 3176 3338 3515 3669 3862

24.5 3217 3379 3540 3725 3919

25 3267 3413 3587 3778 3961

25.5 3302 3453 3634 3820 4010

26 3338 3515 3669 3862 4059

26.5 3379 3540 3725 3919 4101

27 3413 3587 3778 3961 4161

27.5 3453 3634 3820 4010 4207

28 3515 3669 3862 4059 4262

28.5 3540 3725 3919 4101 4312

29 3587 3778 3961 4161 4365

29.5 3634 3820 4010 4207 4427

30 3669 3862 4059 4262 4469

30.5 3725 3919 4101 4312 4515

31 3778 3961 4161 4365 4585

31.5 3820 4010 4207 4427 4637

32 3862 4059 4262 4469 4699

32.5 3919 4101 4312 4515 4748

33 3961 4161 4365 4585 4813

33.5 4010 4207 4427 4637 4870

34 4059 4262 4469 4699 4936

34.5 4101 4312 4515 4748 4994

35 4161 4365 4585 4813 5045

35.5 4207 4427 4637 4870 5115

36 4262 4469 4699 4936 5186

36.5 4312 4515 4748 4994 5243

37 4365 4585 4813 5045 5298

37.5 4427 4637 4870 5115 5367

50

APPENDIX A, continued CLASSIFIED SALARY SCHEDULE (Excluding Permit Teacher Positions)

Effective July 1, 2014

Range 1 2 3 4 5

38 4469 4699 4936 5186 5429

38.5 4515 4748 4994 5243 5494

39 4585 4813 5045 5298 5560

39.5 4637 4870 5115 5367 5630

40 4699 4936 5186 5429 5709

40.5 4748 4994 5243 5494 5762

41 4813 5045 5298 5560 5839

41.5 4870 5115 5367 5630 5918

42 4936 5186 5429 5709 5999

42.5 4994 5243 5494 5762 6067

43 5045 5298 5560 5839 6141

43.5 5115 5367 5630 5918 6206

44 5186 5429 5709 5999 6286

44.5 5243 5494 5762 6067 6366

45 5298 5560 5839 6141 6437

45.5 5358 5619 5901 6206 6509

46 5416 5679 5966 6276 6580

46.5 5475 5744 6033 6344 6655

47 5537 5808 6099 6415 6724

47.5 5600 5870 6165 6483 6801

48 5661 5935 6232 6556 6874

48.5 5722 6002 6302 6627 6949

49 5785 6067 6370 6701 7027

49.5 5852 6135 6440 6774 7104

50 5915 6201 6513 6849 7183

50.5 5982 6283 6606 6940 7295

51 6053 6364 6688 7027 7388

51.5 6134 6439 6772 7119 7479

52 6204 6522 6858 7208 7577

52.5 6283 6606 6940 7295 7669

53 6364 6688 7027 7388 7762

53.5 6439 6772 7119 7479 7860

54 6522 6858 7208 7577 7957

54.5 6606 6940 7295 7669 8057

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APPENDIX B CLASSIFIED SALARY SCHEDULE – PERMIT TEACHERS

(Effective July 1, 2014)

Schedule 1 Schedule 2 Schedule 3

Child Development Associate Teacher Permit (minumum Requirement)

Child Development Teacher Permit or Regular Children's Center Instructional Permit

Child Development Teacher Permit or Regular Children's Center Instructional Permit and Bechelor's Degree

I. Early Childhood Education (ECE) Teacher (12-month program, 246 working days, which include earned vacation time)

Step Substitute Schedule CC-1 Schedule CC-2 Schedule CC-3

1 $ 15.87 / hr $ 3,268 $ 3,437

2

3,418 3,587

3

3,560 3,733

4

3,712 3,888

5

3,862 4,041

6

4,011 4,181

II. Early Childhood Education (ECE) Teacher (10-month program, 185 working days, which include earned vacation time)

Step Substitute Schedule SP-1 Schedule SP-2 Schedule SP-3

1 $ 15.87 / hr $ 2,948 $ 3,103

2

3,085 3,239

3

3,214 3,368

4

3,350 3,508

5

3,486 3,645

6

3,617 3,773

III. Early Childhood Education (ECE) Teacher (10-month program, 193 working days, which include earned vacation time)

Step Substitute Schedule HS-1 Schedule HS-2 Schedule HS-3

1 $ 15.87 / hr $ 3,076 $ 3,236

2

3,218 3,378

3

3,353 3,513

4

3,494 3,661

5

3,637 3,804

6

3,775 3,936

52

APPENDIX B, continued CLASSIFIED SALARY SCHEDULE – PERMIT TEACHERS

(Effective July 1, 2014)

IV. Head Start Teachers employeed prior to 6/30/06 (10-month program, 183 working days, no vacation time)

Step Substitute Schedule H-1 Schedule H-2 Schedule H-3

1 $ 15.87 / hr $ 3,268 $ 3,437

2

3,418 3,587

3

3,560 3,733

4

3,712 3,888

5

3,862 4,041

6

4,011 4,181 Substitute teachers will be paid on Step 1. ECE lead teachers will receive a stipend of 5% over their regular teacher salary schedule placement. A monthly anniversary increment shall be granted as follows: At the beginning of the 10th year of service in the District - $ 60.00 At the beginning of the 15th year of service in the District - 98.00 At the beginning of the 20th year of service in the District - 135.00 At the beginning of the 25th year of service in the District - 173.00 At the beginning of the 30th year of service in the District - 210.00 At the beginning of the 35th year of service in the District - 248.00 Increments for part-time employees shall be granted on a prorated basis.

53

APPENDIX C

FRINGE BENEFIT ALLOCATION

The monthly fringe benefit District maximum contribution for medical, dental, vision, and other benefit options shall be $869.18 (tenthly) for the 2014-2017 school year, effective July 1, 2015.

54

APPENDIX D

FRINGE BENEFITS

(MOU Friday, July 11, 2014)

The Baldwin Park Unified School District (District) and the California School Employees Association, Chapter

#28 (CSEA) enter into this Memorandum of Understanding (MOU) and agree as follows:

1. The District’s health benefit year shall run from September 1, 2014, through December 31, 2015, and, thereafter, shall run from January 1 through December 31 of each succeeding year, unless subsequently

adjusted in a manner consistent with the Parties’ rights and responsibilities under the Educational

Employment Relations Act.

2. The monthly fringe benefit District maximum contribution for medical, dental, vision, and other benefit options is hereby increased, over the period from September 1, 2014, through December 31, 2017, in a

total amount not to exceed $700 per eligible unit member, as follows:

a. For the health benefit year which commences September 1, 2014 and concludes December 31,

2015, the District maximum contribution for each full-time-equivalent unit member will be increased by a total amount of $140 over the base amount (i.e. the amount the District would be required to

contribute in the absence of this MOU). b. For the health benefit year which commences January 1, 2016 and concludes December 31, 2016,

the District maximum contribution for each full-time-equivalent unit member will be increased by a

total amount of $280 over the base amount (i.e. the amount the District would be required to contribute in the absence of this MOU).

c. For the health benefit year which commences January 1, 2017 and concludes December 31, 2017, the District maximum contribution for each full-time-equivalent unit member will be increased by a

total amount of $280 over the base amount (i.e. the amount the District would be required to

contribute in the absence of this MOU).

3. The increased contributions described in Paragraph 2 shall be provided only to those current unit members who were enrolled in District-provided health insurance during the 2012-13 school year, and

who served through the end of that school year. Provided, however, that unit members who

commenced District employment mid-way through the 2012-13 school year shall be eligible to receive only a proportionate amount corresponding to the number of complete months of service they provided

in 2012-13 divided by the number of months considered to constitute a complete year of service for that employee.

4. The increased contributions described in Paragraph 2 shall not be paid in cash, but shall be applied to

premiums for health, dental, and vision coverage for active employees, in the same manner as current

District health benefit contributions are applied. As such, no cash payment shall be due or owing, as a result of this Agreement, nor shall any cash payment or other contribution be due or owing to persons

who separate from District employment, except as specified in Paragraph 7.

5. The increased contributions described in Paragraph 2 shall be prorated in the same manner as other

District benefit contributions. Accordingly, unit members who receive prorated District benefit contributions shall receive the increased contributions described in Paragraph 2 on the same prorated

percentage basis.

6. The Parties reserve the right, during the course of collective bargaining, to pursue other or different terms and conditions relative to fringe benefits for the 2014-2015 and subsequent school years.

7. Notwithstanding Paragraph 4, former unit members who resigned their District employment for purposes of retirement between May 30, 2013 and July 31, 2013, and who were entitled to receive District-

provided medical insurance on the same terms as active employees during the month of September, 2013, shall be entitled, upon application, to receive reimbursement of up to $700 in excess premium

55

expenses actually incurred in obtaining medical benefit coverage for the month of September, 2013, subject to each and all of the following provisions:

a. Reimbursement shall be provided only for medical insurance premium payments in excess of the

amount the former unit member would have paid for premiums for the month of September, 2013,

had they remained as an active employee on the District medical insurance plan in which they wereenrolled at their time of retirement.

b. No reimbursement shall be provided for expenses incurred in securing vision or dental coverage.c. Former unit members who remained on District medical benefit plans in September, 2013 need not

submit documentation of premium payments in connection with those plans — and shall be entitledto reimbursement of the difference between the out-of-pocket medical insurance premium they

actually paid as a retiree and the out of pocket medical insurance premium they would have paid as

an active employee.d. Former unit members who enrolled in non-District medical benefit plans (e.g. COBRA, out of state,

Medicare supplement plans, etc.) for the month of September, 2013, shall provide proof of actualpremium expense incurred for that medical benefit plan.

e. Former unit members receiving reimbursement under this Paragraph 7 shall be required to execute a

waiver specifically waiving any and all claims against the District relating to the cost of securingmedical, dental, vision or other fringe benefits for the month of September, 2013.

f. The contributions described in Paragraph 7 shall be prorated in the same manner as other Districtbenefit contributions (e.g. former unit members who at their time of retirement received prorated

District contributions shall be limited to a prorated portion of the $700 reimbursement amount).g. In no event shall any former unit member receive reimbursement in excess of $700.

8. Unit members retiring at the end of the 2013-14 school year (i.e. effective on or about June 30, 2014),and who would, upon continued employment, have been eligible to receive the $140 amount specified in

Paragraph 2.a, shall, in lieu of any other benefit described in this Agreement, be entitled to receive a$140 cash payment. This amount shall be subject to proration as described in Paragraph 7.f.

9. This Agreement is unique to its own circumstances and shall in no way set a precedent for any otheremployee or situation in the future. Neither of the Parties shall cite this MOU or its terms as precedent

for any purpose in the future.

10. This Agreement is subject to approval by the Governing Board, and, upon such approval, shall be final

and binding on the Parties.