1

CALIFORNIA SCHOOL

EMPLOYEES ASSOCIATION

(CSEA – CHAPTER 189)

CONTRACT WITH

SAN JACINTO UNIFIED

SCHOOL DISTRICT

July 1, 2010 through June 30, 2013 Ratified November 30, 2011

2

Table of Contents

ARTICLE PAGE

I AGREEMENT 4

II RECOGNITION 4

III ORGANIZATIONAL RIGHTS 5

IV ORGANIZATIONAL SECURITY AND DEDUCTIONS 6

V DISTRICT RIGHTS 7

VI CONCERTED ACTIVITIES 7

VII GRIEVANCE PROCEDURE 8

VIII DISMISSAL/SUSPENSION/DISCIPLINARY ACTION 10

IX UNIT MEMBER RIGHTS 13

X EVALUATION PROCEDURES 13

XI TRANSFERS AND VACANCIES 15

XII ABSENCES AND LEAVES 16

XIII SAFETY 25

XIV SALARY SCHEDULE 25

XV APPLICATION OF CLASSIFIED SALARY SCHEDULE 25

XVI GROWTH INCENTIVE PROVISION 27

XVII HEALTH AND WELFARE BENEFITS 29

XVIII HOURS, OVERTIME AND ALLOWANCES 30

XIX HOLIDAYS 33

XX VACATIONS 34

3

XXI STATUTORY OBLIGATIONS 35

XXII COMPLETION OF MEET AND NEGOTIATION 35

XXIII DURATION 36

XXIV SUPPORT OF AGREEMENT 36

XXV SAVINGS PROVISIONS 36

XXVI LAYOFF PROCEDURES 37

APPENDIX

A CLASSIFIED SALARY RANGES

B CLASSIFIED HOURLY/MONTHLY RATES

C APPLICATION FOR ADVANCEMENT OR TRANSFER

D PERFORMANCE APPRAISAL FORM

4

ARTICLE I – AGREEMENT

1.1 This Agreement is made and entered into this first day of July 2007, by and between the San

Jacinto Unified School District, hereinafter referred to as the District, and the San Jacinto Chapter

#189 of the California School Employees Association, hereinafter referred to as the Association.

The purpose of the Agreement is to promote the improvement of personnel management and

employer/employee relations; provide an equitable and peaceful procedure for the resolution of

differences; and establish rates of pay and other terms and conditions of employment.

ARTICLE II – RECOGNITION

2.1 ACKNOWLEDGEMENT:

The District hereby acknowledges that CSEA is the exclusive bargaining representative for all

classified employees holding those positions described in Appendix A, attached hereto and

incorporated by reference as a part of this Agreement. All newly created positions, except those

that lawfully are designated certificated, management, confidential, or supervisory, shall be

assigned to the bargaining unit. The determination of management, confidential or supervisory

employees shall be made by the mutual agreement between the District and Association.

Disputed cases shall be submitted to the Public Employment Relations Board (PERB) for

resolution. The bargaining unit may be expanded to other classes by mutual agreement of the

District and CSEA subject to the rule of PERB.

2.1.1 NEW EMPLOYEES:

The District shall provide each new employee with an informational packet prepared by

the Association, subject to approval by the Superintendent/designee. The Classified

Collective Bargaining Agreement shall be available on the District’s website. New

employees who do not have access to the District’s website, upon request, shall be

provided a copy of the agreement.

2.2 SCOPE OF REPRESENTATION:

The scope of representation shall be limited to matters relating to wages, hours of employment,

and all other terms and conditions of employment. “Terms and conditions of employment”

means health and welfare benefits, leave, transfer and reassignment policies, safety conditions of

employment, procedures to be used for the evaluation of employees, organizational security, and

procedures for processing grievances. Nothing herein may be construed to limit the right of the

District to consult with CSEA on any matter outside the scope of representation. To the extent

that any agreement arrived at through consultation is reduced to writing and embodied in this

Agreement or any addendum to this Agreement, the provisions shall be binding on all parties.

5

ARTICLE III – ORGANIZATIONAL RIGHTS

3.1. RIGHTS

The Association shall have the following rights in addition to those contained in any other portion

of this Agreement:

3.1.1 Access, at reasonable times, to areas in which employees work. Reasonable times are

defined as after work hours, before work hours, breaks, and lunch time.

3.1.2 To use, without charge, instructional bulletin boards, mailboxes, school mail system, and

other intra-district means of communication for the posting or transmission of

information or notices concerning Association matters. The Superintendent, or

designee(s) reserves the right to remove postings or intercept mailings that are

defamatory to the District or District personnel.

3.1.3 To use without charge instructional facilities (buildings and grounds) for the purpose of

meetings at reasonable times when advance arrangements with the District have been

made.

3.1.4 A complete classification roster by hours of all bargaining unit employees as soon as

possible after this Agreement is ratified and hereafter by October 15 of each year. The

roster shall indicate the employee’s current classification and primary job site.

3.1.5 One (1) copy of each Board agenda.

3.1.6 To review, upon request, public information relevant to negotiations in the possession of

or produced by the District necessary for the Association to fulfill its role as the exclusive

bargaining representative.

3.2 PROHIBITION AGAINST CERTAIN ADVISORY COMMITTEES

The District shall not form or cause to be formed any advisory committee consisting of unit

members for the purpose of discussing items subject to bargaining within the defined scope of

collective bargaining/Government Chapter 961.

3.3 DISTRIBUTION OF CONTRACT

As soon as possible after the execution of this contract, the District will post the Classified

Collective Bargaining Agreement on the District’s website. Copies shall be made available, upon

request, at work sites or in Personnel Services for employees who do not have access to the

District’s website.

6

ARTICLE IV – ORGANIZATIONAL SECURITY AND DEDUCTIONS

4.1 DUES DEDUCTION

The Association shall have the sole and exclusive right to have membership dues deducted for

employees in the bargaining unit.

The District shall deduct dues, in accordance with a schedule submitted by the Association, of

those who have submitted District approved, signed authorization forms to the District.

4.2 MAINTENANCE OF MEMBERSHIP

A. Membership in this chapter shall be as follows: "Active" membership, which carries with

it the privilege of full participation in chapter activities, including the right to vote and to

hold elected or appointed offices, shall be extended to any person employed in a

bargaining unit represented by this chapter, without regard to race, creed, color, national

origin, sex, age, sexual orientation or political belief.

B. Active membership shall be effective upon the completion, dating, and signing of an

official CSEA application form as provided by the Chapter, and execution of a valid

authorization for payroll deduction of dues. The application shall be promptly

countersigned by the Chapter Treasurer who shall immediately forward the approved

application to the Association, and submit payroll deduction authorizations to the

appropriate district office.

C. Fair Share Service Fee Payers: Employees are obligated to pay either dues or fair share

service fees to CSEA pursuant to Government Code 3546. Classified members who

choose not to be Active members of this chapter shall be carried on the chapter rolls as

“CSEA (non-member, fair share)”. Such persons shall pay fair share service fees in an

amount equal to the dues required of active members of the chapter (less any local

chapter fee) subject to annual requests for advance refunds of the portion of fair share

service fees that CSEA determines will be used for purposes not related to collective

bargaining, in accordance with the policies of the Association. CSEA shall notify Fair

Share Service Fee Payers each year of the right to request such refunds.

Fair Share Service Fee Payers shall be entitled to full rights of representation in all

matters related to their collective bargaining agreement. They shall not, however, have

the right of voice, vote, or other participation in chapter or Association affairs, unless

otherwise provided herein or required by law.

4.2.1 Any unit member who has a bona fide religious objection to joining or paying service

fees to employee organizations shall not be required to join, maintain membership in, or

pay service fees to CSEA as a condition of employment. Such unit member shall be

required, in lieu of a service fee required by this agreement, to pay sums equal to such

service fee to a non-religious, non-labor organization, charitable fund exempt from

taxation under Section 501 (c)(3) of Title 26 of the Internal Revenue Code: Community

Foundation Serving Riverside and San Bernardino Counties, Central County United Way

or Valley Wide. Refer to the CSEA Chapter 189 Constitution and Bylaws for further

details.

7

4.3 The Association agrees to furnish any information needed by the District to fulfill the

provisions of this Article and agrees to provide notice to all fee payers of their legal rights

and obligations as required by applicable law.

4.4 The Association shall reimburse the District for attorney’s fees, all costs, expenses, fees,

settlements and judgments incurred by the District, and further, shall fully indemnify and

hold harmless the District’s Board of Trustees, including each individual School Board

member, and employees and representatives of the District against any and all lawsuits or

other legal proceedings which may be brought against the Board or District personnel

challenging the legality or constitutionality of the organizational provisions of this

Agreement or their implementation or administration. The Association shall have the

exclusive right to decide and determine whether such action or proceeding referred to

above shall or shall not be compromised, resisted, defended, tried or appealed.

ARTICLE V – DISTRICT RIGHTS

5.1 It is understood and agreed that the District retains all its powers and authority to direct, manage

and control to the full extent of the law. Included in, but not limited to, those duties and powers

are the exclusive rights to: determine its organization; direct the work of its employees; determine

the times and hours of operation; determine the kinds and levels of services to be provided, and

the methods and means of providing them; establish its education opportunities of students;

determine staffing patterns; determine the number and kinds of personnel required; maintain the

efficiency of District operations; determine the curriculum; build, move or modify facilities;

establish budget procedures and determine budgetary allocation; determine the methods of raising

revenue; contract out work (except as forbidden by law), and take action on any matter in the

event of emergency. In addition, the District retains the right to hire, classify, assign, evaluate,

promote, terminate, and discipline employees unless it is contrary to the provisions of this

Agreement.

The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District,

the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of

judgment and discretion in connection therewith, shall be limited only to the extent such that

specific and express terms are in conformance with the law.

The District retains the right to amend, modify, or rescind policies and practices referred to in the

Agreement in cases of emergency. An emergency is a sudden, urgent, unforeseen occurrence or

occasion requiring immediate action.

ARTICLE VI – CONCERTED ACTIVITIES

6.1 It is agreed and understood that there will be no strike, work stoppage, slowdown, or refusal or

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 members during the

term of this Agreement, including compliance with the request of other labor organizations to

engage in such activity. There will be no lockout of employees by the District.

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.

8

In the event of a strike, work stoppage, slowdown, or other interference with the operations of the

District by unit members who are represented by the Association, the Association agrees in good

faith to take all necessary steps to cause those unit members to cease such action.

It is agreed and understood that any unit member violating this Article may be subject to

discipline up to and including termination by the District, and the District may withdraw any

rights, privileges, or services provided within this Agreement from the offender(s).

ARTICLE VII – GRIEVANCE PROCEDURES

7.1 DEFINITIONS

7.1.1 A “grievance” is a claim by one or more employees that there exists a dispute regarding

the interpretation or application of a provision of this Agreement.

7.2 PURPOSE

7.2.1 The purpose of this procedure is to secure, at the lowest possible administrative level,

equitable solutions to grievances. Both parties agree that these proceedings will be kept

as informal and confidential as may be appropriate at any level of the procedure.

7.2.2 After the Level One informal conference, the employee, administration, or School Board

may be represented by any person or agent designated by such parties to act in their

behalf.

7.2.3 A “day” for purposes of this Agreement is any day which central administrative office is

open.

7.2.4 A grievance shall not be valid for consideration unless it is submitted in writing, on a

prescribed form, to the immediate supervisor setting forth the facts and specific

provisions of the Agreement allegedly violated and the particular relief sought within

thirty (30) days after the date of the event giving rise to the grievance. Failure to file any

grievance within such period shall be deemed a waiver thereof. Failure to appeal a

grievance from one step to another within the time periods hereafter provided shall

constitute a waiver of the grievance.

7.2.5 Computation of time. In computing any period of time prescribed or allowed by

procedures herein, the time of the act, event, or default for which the designated period of

time begins to run shall not be included. The last date of the period so computed shall be

counted, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period

runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

7.2.6 Failure by the District or its representatives to issue a decision within the time periods

provided herein shall constitute a denial of the grievance, and the employee may appeal

to the next step.

7.3 PROCEDURES

7.3.1 Level One. Prior to filing a formal written grievance, the grievant shall first make an

effort to adjust the alleged grievance informally with their immediate supervisor.

9

7.3.2 Level Two. If the grievance is not resolved through informal discussion with the

immediate supervisor pursuant to Level One, the employee must file with the building

supervisor a written grievance on the prescribed grievance form within the thirty (30)

day time limitation provided in paragraph 7.2.4. Within ten (10) days after receipt of the

written grievance, the supervisor shall issue a decision in writing to the grievant.

7.3.3 Level Three. In the event the grievance is not resolved at Level Two, the decision

rendered may be appealed to the Superintendent, provided such appeal is made in

writing within ten (10) days after receipt of the decision at Level Two. The

Superintendent or designee shall set a time to meet regarding the grievance within ten

(10) days after receipt of the appeal. Within ten (10) days after the meeting, the

Superintendent or designee shall issue a decision in writing to the grievant.

7.3.4 Level Four. In the event the grievance is not resolved at Level Three, the decision

rendered may be appealed to the School Board, provided such appeal is made in writing

within ten (10) days after receipt of the decision at Level Three. If a grievance is

properly appealed to the School Board, the School Board shall set a time to hear the

grievance within twenty (20) days after receipt of the appeal. Within fifteen (15) days

after the meeting, the School Board shall issue its decision in writing to the parties

involved. At the option of the School Board, a committee or representative(s) of the

Board may be designated by the Board to hear the appeal at this level and report its

findings and recommendations to the School Board. The School Board shall then render

its decision.

7.4 ARBITRATION PROCEDURES

In the event the grievance is not resolved at Level Four, the grievance may be transmitted to

arbitration as provided herein.

7.4.1 The appeal to arbitration must be signed by the grievant, and such written appeal must be

filed in the office of Superintendent within ten (10) days following the decision at Level

Four of the grievance procedure.

7.4.2 No grievance shall be considered by the arbitrator which has not first been duly

processed in accordance with the grievance procedure and appeal provisions.

7.4.3 Upon the proper submission of a grievance under the terms of this procedure, the parties

shall, within ten (10) days after the notice to arbitrate, attempt to agree upon the

selection of an arbitrator. If an agreement on an arbitrator is not reached, the parties

shall, within twenty (20) days after the request for arbitration, 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 ultimately strike a name until only one (1) name remains. The

remaining panel member shall be arbitrator. The order of the striking shall be

determined by lot. The failure to request an arbitrator from the State Conciliation

Service within the time periods provided herein shall constitute a waiver of the

grievance.

10

7.4.4 The appealing party shall, at least ten (10) days prior to the hearing, forward to the

arbitrator, with a copy to the Superintendent, the written documents relating to Section

5.3 of the grievance procedure.

7.4.5 The grievance shall be heard by a single arbitrator and both parties may be represented

by such person or persons as they may choose and designate, and the parties shall have

the right to a hearing at which time both parties will have the opportunity to submit

evidence, offer testimony, and make oral or written arguments relating to the issues

before the arbitrator. The proceeding before the arbitrator shall be a hearing de novo.

7.4.6 The decision by the arbitrator shall be rendered promptly after the close of the hearing.

Decisions by the arbitrator in cases properly before him shall be final and binding upon

the parties subject, however, to the limitations of arbitration decisions as provided in this

contract and under law.

7.4.7 Each party shall bear its own expenses in connection with arbitration including expenses

relating to the party’s representatives, witnesses, and any other expenses which the party

incurs in connection with presenting its case in arbitration. A transcript or recording

shall be made of the hearing at the request of either party. The parties shall share equally

fees and expenses of the arbitrator, the cost of the transcript or recording if requested by

both parties, and any other expenses which the parties mutually agree are necessary for

the arbitration. However, the party requesting a copy of the transcript shall bear the

expense.

7.4.8 The arbitrator shall have jurisdiction over disputes or disagreements relating to

grievances properly before the arbitrator pursuant to the terms of this procedure

provided, however, that any action by the Board which suspends, modifies, or amends

this Agreement, after it has declared an emergency pursuant to Article V, shall be

grievable under this procedure to determine whether such action is clearly unreasonable,

unwarranted and an abuse of the Board’s discretion in relation to the emergency

circumstances. A grievance challenging the Board’s actions under this paragraph shall

be filed in writing with the Superintendent and shall be commenced at Level Four under

paragraph 7.3.4.

7.5 ELECTION OF REMEDIES

This Article is not cumulative and shall be the exclusive procedure and remedy for the

determination of any claim, the subject matter of which constitutes a grievance. Any unit

member who brings an action on any such claim, or on whose behalf such an action is brought,

in a court of law or equity, state or federal, or before any administrative tribunal, shall

immediately waive any and all rights under this Article.

ARTICLE VIII – DISMISSAL/SUSPENSION/DISCIPLINARY ACTION

8.1 RIGHT TO DISCIPLINE

8.1.1 The District may impose discipline on a permanent employee in accordance with the

terms of this Article, consistent with and subject to provisions of the Education Code.

8.2 EXCLUSION OF PROBATIONARY

11

8.2.1 The provisions of this Article apply only to permanent employees. Probationary

employees are subject to disciplinary action up to and including termination without

appeal at the sole discretion of the District.

8.3 DISCIPLINE WITH RIGHT OF APPEAL TO GOVERNING BOARD

8.3.1 SUMMARY DISCIPLINE

Summary discipline, which shall be defined for purposes of this Article as suspension

without pay of three (3) days or less for the causes enumerated in the District’s rules and

regulations, may be appealed within five (5) work days to the Superintendent or his/her

designee and thereafter within five (5) work days, if desired, to the Governing Board.

The decision of the Board shall be final.

8.4 DISCIPLINE WITH RIGHT TO FORMAL HEARING

8.4.1 For the purposes of the procedures set forth herein, discipline is deemed to be:

A. Suspension without pay for more than three (3) days;

B. Reduction in compensation, a change within the salary range from the existing step

to a lower step for a duration of one or more work weeks;

C. Involuntary demotion (except layoff), the directed placement in a lower

classification; or

D. Termination.

8.4.2 NOTIFICATION

A. The District shall first give notice of intent to discipline. The employee shall

receive notice of the effective date of the intended action, a statement of the specific

acts and/or omissions upon which the proposed disciplinary action is based, the date

by which the employee may respond either orally or in writing, and copies of

documents and other materials which support the proposed action.

B. Following the employee’s response, if the District determines action should be

taken, the employee shall receive in person, or by certified mail, notice of this

determination which shall include the effective date of the action, a statement of the

specific acts and/or omissions upon which the disciplinary action is based, copies of

documents and other materials which support the action, and in a statement advising

the employee of the employee’s right to a formal hearing wherein the employee

shall have the right either to self-representation, representation by an association

representative, or legal counsel.

C. The employee shall have ten (10) days following the delivery or mailing of this

notice to request a formal hearing. Failure to comply with these time limits shall

result in the employee’s waiver of a formal hearing.

12

8.4.3 FORMAL HEARING

All formal disciplinary hearings shall be held before a hearing officer. The hearing

officer, who shall have a law degree and who is not currently representing the District,

shall be selected by the District from the list of approved hearing officers, provided by a

provider of such services. The hearing officer shall set the time and place of the hearing

at a time convenient to all parties concerned. The cost of the hearing, including

reimbursement of expenses, shall be equally shared by the employee and the District.

8.4.4 Upon completion of the hearing, the hearing officer shall prepare findings of Fact and

Conclusions of Law that constitute the results of the hearing, and form a basis for the

decision of the Governing Board. The decision of the Governing Board shall be final.

8.5 REMEDIATION EFFORT

8.5.1 It is recognized that an effort at remediation shall have been made by the District prior to

terminating a permanent employee. Examples of such effort shall include:

Verbal and/or written memoranda/warnings

Written reprimands

Suspension

Other appropriate efforts to correct or remediate an employee’s unsatisfactory

fulfillment of his/her job responsibilities, unsatisfactory attendance or unsatisfactory

personal conduct.

8.6 IMMEDIATE DISCIPLINE

8.6.1 It is also recognized and agreed that certain acts and/or omissions by an employee may,

by their very nature and/or degree, be serious enough to warrant immediate discipline. In

such situations the District may move to immediately discipline the employee without

making any effort at remediation.

8.7 INFORMAL HEARING

8.7.1 A permanent employee may request an informal meeting with his/her immediate

supervisor prior to the imposition of discipline by the District. If requested, such a

meeting will be held.

8.8 RIGHT TO SUSPEND

8.8.1 The District retains the right to suspend an employee, with or without pay, without

warning when the health and/or welfare of the employee, students, the public, or other

employees is endangered by the continued presence of the employee, and/or where the

employee’s presence is a danger to the property of the District or others, and/or in cases

of aggravated insubordination. Suspension without pay shall be made only in accordance

with terms of this Article and applicable law.

13

8.9 CAUSES

8.9.1 Any employee designated as a permanent employee shall be subject to disciplinary action

for cause as prescribed by rule or regulation of the Governing Board. The Board’s

determination of the sufficiency of the cause for disciplinary action shall be conclusive.

8.9.2 This Article is not subject to arbitration.

ARTICLE IX – UNIT MEMBER RIGHTS

9.1 The District and Association recognizes the right of unit members to form, join, and participate in

lawful activities of employee organizations and the equal alternative right of unit members to

refuse to form, join, and participate in employee organization activities.

ARTICLE X – EVALUATION PROCEDURES

10.1 REPORTS REQUIRED

10.1.1 Each permanent employee shall be evaluated in writing once annually. A permanent

employee is one who has served continuously for one calendar year or more after the date

of hiring in the initial classification of employment.

10.1.2 Any employee who has been promoted, including reclassification, shall serve as

probationary period of six (6) months without receiving credit for any time spent in a

previous probationary status. Employees not successfully completing the new

probationary period will be reinstated to their former classification.

10.1.3 Each probationary employee shall be evaluated on the third, sixth, ninth and twelfth

months following their initial date of employment.

10.1.4 Supplementary evaluations may be made if appropriate, not to exceed three (3).

10.2 RATING OFFICER AND REVIEWER

10.2.1 Each employee shall be rated by his immediate supervisor.

10.2.2 If an employee has more than one (1) immediate supervisor, each supervisor may rate the

employee’s performance in a joint evaluation.

10.2.3 The rating of each employee may be reviewed by the Superintendent or his designee.

10.3 RATING PROCEDURES

10.3.1 The periodical evaluation herein developed shall be performed utilizing a standard

district form developed by the District using the following rating definitions:

14

Outstanding

When an evaluator checks an employee’s work performance in this column on an

individual job factor, he is indicating that the employee’s work clearly and consistently

exceeds the performance evaluation factors and established individual objectives.

Above Standard

When the evaluator checks an employee’s work performance in this column on an

individual job factor, he is indicating that the employee usually exceeds the performance

evaluation factors and established individual objectives.

Standard

When the evaluator checks an employee’s work performance in this column on an

individual job factor, he is indicating that the employee satisfactorily meets performance

evaluation factors and established individual objectives.

Below Standard

When the evaluator checks an employee’s work performance in this column on an

individual job factor, he is indicating that the employee often fails to meet the

performance evaluation factors and established individual objectives.

Unsatisfactory

When an evaluator checks this column, it is to be construed as a notice of unsatisfactory

performance and may be followed by disciplinary action pursuant to Article VIII.

Specific written suggestions to improve performance will be included by the evaluator.

10.3.2 After evaluation in writing is made, a thorough and complete copy of the full report shall

be given by the rater to the employee being rated.

10.3.3 The evaluation shall be signed by the employee after acknowledgment of his having seen

the evaluation.

10.3.4 If an employee believes that the evaluation procedure has not been appropriately

followed, or that the resulting evaluation does not accurately represent his work

performance, he may request a review of the rating by his supervisor. In the event that he

wishes to further appeal, he may present his appeal to the Superintendent or his designee.

10.3.5 Evaluation procedures shall be subject to the grievance procedures as herein defined

(Article X). However, the evaluation content and the judgment, assessment and

determination of the evaluator shall not be subject to the grievance procedure.

.

10.3.5 After a ten (10) day waiting period, the evaluation materials will be placed in the

personnel file.

10.3.6 During the ten (10) day waiting period, the evaluee may write a rebuttal to the evaluation

and it will be attached to the evaluation materials. An extension may be granted by the

Superintendent or his designee.

15

ARTICLE XI – TRANSFERS/VACANCIES

11.1 Vacancies: All vacancies that occur within the bargaining unit shall be posted at job sites for a

minimum of five (5) work days. Unit members may request, in writing, a transfer at any time,

whether or not there is an existing vacancy. Such request shall be filed with the District office

and shall remain active for only the school year in which it is submitted.

11.2 Administrative Transfer: A unit member may be administratively transferred from one position

to another in the same class at the discretion of the District when in the best interest of the

District. Five (5) days prior to an administrative transfer, the District shall notify the unit

member. The District will meet with the unit member, if the unit member is available, to discuss

the reason(s) prior to the transfer. This language refers to an involuntary, permanent change to a

position.

11.3 Transfer: The term “transfer” means an action which results in the movement of an employee

from one job classification to another job classification of equal or less compensation (excluding

demotions or layoffs), or the movement from one school or work location to another.

11.4 Transfers within a class with same number of hours: Whenever a new position is created in the

same class or an existing position becomes vacant, the District may first offer the opportunity to

transfer a permanent unit member within the class. A permanent unit member may be selected

based on the following considerations: length of service in the position, disciplinary action within

the last two (2) years, competency based on evaluations, qualifications, interviews, and best

interest of the District.

11.4.1 When candidates have equal qualifications, the District shall consider the following in

granting transfers within a class or related class:

a. Seniority

b. Impending Layoff

c. Reasons of Health

No unit member shall be overtly pressured by the District or the employee’s supervisor to

seek a voluntary transfer.

11.4.2 Nothing in Section 11.4 shall be interpreted or applied to prohibit the District from filling

vacancies and/or new job positions by recruitment outside the District. The final decision

regarding transfers shall be at the discretion of the District.

11.5 If a voluntary transfer is denied, the unit member shall, upon written request, be provided with

specific reasons for the denial, within twelve (12) business days after receipt of the request.

11.6 Following completion of the selection process, the Personnel Office shall notify the interviewed

applicants of the status of their application.

Transfer Request Form – See attached.

16

ARTICLE XII – ABSENCES AND LEAVES

12.1 GENERAL LEAVE PROVISIONS

The benefits which are expressly provided by this Article are the sole benefits which are part of

this Agreement, and other statutory or regulatory leave benefits are not incorporated, either

directly or impliedly, into this Agreement.

12.1.1 LENGTH OF LEAVE

Leaves of absence granted by the Board shall not exceed one (1) year in length unless it

determines that there are extenuating circumstances which justify an extension.

12.1.2 SALARY CREDIT AND COMPUTATION

A person on an unpaid leave of absence of a period of six (6) months or longer shall not

be entitled to an increment step in July.

12.1.3 UNAUTHORIZED ABSENCE FROM DUTY

A unit member absent from their assignment for any reason other than those specifically

authorized by law, the California Education Code, Board Policy, or this Agreement, will

be considered absent without permission or authorized leave, and as a result will lose

their full salary for the period of unauthorized absence.

Improper use of any leave may be cause for disciplinary action or dismissal and will

result in recovery of any overpayment.

An absence from duty which does not qualify under any authorized leave policy may be

considered abandonment of employment.

12.1.4 UNAUTHORIZED ABSENCE FROM DUTY

An employee shall submit a written request for a Leave of Absence without Pay,

specifying the reason for and the duration of the Leave of Absence without Pay, to his/her

supervisor. The supervisor must indicate approval or denial of the request for Leave of

Absence without Pay based on the reasons enumerated in Section 12.1.5.

An approved Leave of Absence without Pay request shall be forwarded to Personnel

Services for approval by the Superintendent and Board of Trustees.

The employee must request and receive full approval for the Leave of Absence without

Pay in advance prior to taking the Leave of Absence without Pay.

An employee who does not request and receive approval from the Board of

Trustees for Leave of Absence without Pay status, and does not report to his/her position,

will be considered to have abandoned his/her position.

17

12.1.5 REASONS FOR A REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY

STATUS

An employee can request leave of absence without pay status for the following reasons:

1. Leave of absence without pay for medical reasons.

2. Leave of absence without pay for education purposes.

3. Leave of absence without pay for Family Care and Medical Leave.

4. Leave of absence without pay for service in the Peace Corps.

12.1.6 REINSTATEMENT AFTER LEAVE

A unit member who receives a leave of absence of five (5) calendar months or more in

length does so with the understanding that when they return to active assignment at the

completion of the leave they are not guaranteed placement at the same location or in the

identical assignment previously held, but may be placed in a comparable assignment

according to the needs of the District.

12.1.7 NON-LIABILITY OF DISTRICT AND BOARD

The District and members of the Governing Board are freed of any liability for payment

of compensation or wages provided by law for death or injury of any employee if the

death or injury occurs while the employee is on leave of absence.

12.2 SICK LEAVE

12.2.1 ACCUMULATION OF SICK LEAVE

A. All regular full-time unit members shall be entitled to eight (8) hours of sick leave for

illness or injury for every one hundred and seventy-three and a third (173.3) hours of

paid employment with the maximum allocation being ninety-six (96) hours per fiscal

year for twelve (12) month employees.

B. The accumulation of sick leave shall be exclusive of all days that the unit member is

not required to render service to the District.

C. Sick leave is cumulative from year to year and shall be unlimited in acquisition.

D. Sick leave is transferable from one California school district to another if the unit

member so requests within one (1) year.

E. Regular classified employees who work less than a full day or less than a five (5) day

week shall be entitled to sick leave in the ratio that their service bears to full-time

service.

F. Current records of accumulated sick leave for all unit members shall be maintained in

the Business Office. Unit members will be notified annually of their accumulated

sick leave balance.

12.2.2 USE OF SICK LEAVE

18

A. Unit members may use sick leave to visit a doctor, dentist, chiropractor, recognized

religious practitioner, or optometrist. Appointments should be made, when possible,

at the close of the school day or after regular working hours.

B. Sick leave may be used as provided in Article XII, Sections 12.4 and 12.10 of this

contract.

C. Sick leave days may not be used for purposes of strikes, walkouts, work stoppages or

slowdowns or other conditions related to employment dissatisfaction.

D. Use of sick leave for unit members will be charged in thirty (30) minute increments.

E. The amount of sick leave a unit member may use at any one time is the total amount

credited to their account, whether or not it has already been earned. Sick leave is

credited annually on July 1 to the unit member’s account in advance.

F. When a unit member terminates their employment with the District, they must

reimburse the District for any overuse of sick leave. A deduction will be made from

the unit member’s last pay warrant. If such deduction does not cover the amount due

to the District, then the unit member will be required to pay any owed amount.

12.2.3 CONFIRMATION OF ILLNESS OR INJURY

The District reserves the right to adopt reasonable health standards as conditions to

employment or the continuation thereof, which, in the District’s judgment, may be

necessary to insure the health, safety, instruction and welfare of pupils.

The Superintendent, or his authorized representative may, when in their opinion an

employee’s absenteeism rate is such as to affect the learning and welfare of the pupils

concerned, and/or job performance of the unit member, require such unit member to

provide a written statement from a medical doctor, dentist, chiropractor, recognized

religious practitioner, or optometrist, verifying the nature and degree of the illness. This

verification must be submitted to the District within five (5) work days upon return to

work.

The District may require that the unit member submit to a physical examination by a

qualified medical doctor that is selected by the District. The cost of such examination

will be paid by the District.

12.2.4 NOTIFICATION AND VERIFICATION

A. The unit member is responsible for notification to the District Office or supervisor

preceding illness or injury absence whenever possible.

B. When a unit member becomes aware that an absence will extend beyond ten (10)

consecutive workdays, the unit member must notify their supervisor or the District

Office.

C. Prior to returning from an illness absence, the unit member must notify the

immediate supervisor or the District Office by 3 p.m. on the preceding day. Failure

to provide such notification may result in retention of a substitute and the charge of

an additional day of sick leave.

19

D. At the conclusion of an extended absence exceeding ten (10) consecutive workdays,

and before resuming work, the District may request a written statement from a

medical doctor, dentist, chiropractor, recognized religious practitioner, or optometrist

which indicates that the unit member is able to assume full responsibilities and duties

of their assigned position. This verification or written statement must be submitted to

the District within five (5) work days upon return to work.

12.2.5 EXTENDED SICK LEAVE

In accordance with Section 12.1.3 (Unauthorized Absence from Duty) and 12.2 (Sick

Leave), upon exhaustion of all accumulated sick leave, a unit member may be entitled to

extended illness leave which shall begin on the first day of illness and shall be reduced by

the number of current and accumulative paid sick leave days available, excluding

holidays, vacation days, and compensatory time, not to exceed 100 work days. When

those days have been exhausted, any remaining days of the one hundred (100)

extended illness leave shall be available for use by the employee and shall be

compensated at the rate of fifty percent (50%) of the unit member's regular salary. The

District shall require medical verification upon exhaustion of all accumulative paid sick

leave, in accordance with Section 12.2.3. This article will be effective March 1, 2008.

12.3 BEREAVEMENT LEAVE

A leave of absence without loss of pay is authorized for five (5) days following the death in the

immediate family of a unit member with an additional two (2) days when out of state travel or

250 one way miles from San Jacinto is required. Members of the unit member’s immediate

family are defined as mother, mother-in-law, step-mother, father, father-in-law, step-father,

husband, wife, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister,

brother-in-law, sister-in-law, grandmother, grandfather, or grandchild of the unit member, or any

relative living in the immediate household of the unit member.

12.4 PERSONAL NECESSITY LEAVE

Days of leave of absence for illness or injury (sick leave days) may be used by the unit member,

at their selection, in case of personal necessity not to exceed seven (7) days in one school year.

Personal Necessity leave requires pre-approval by the employee’s immediate supervisor and

Personnel Services, and must be submitted on the appropriate form in advance of the leave except

when the situation is an emergency and advanced notification is not possible. In such cases, the

employee shall give as much advance notification as possible or provide justification upon return.

Employees should not assume the leave has been granted until approval has been received.

Cases of Personal Necessity shall consist of:

12.4.1 Attend to illness of a child, parent or spouse or death/serious illness of a member of the

unit member’s immediate family (as defined under bereavement).

12.4.2 Accident, involving the unit member’s person or property, or the person or property of a

member of their immediate family.

20

12.4.3 Appearance in court as a litigant; or as a witness under an official order; appointments

with legal advisor in matters not involving the District, or others such as IRS official,

court obligation, etc., when office hours or obligations preclude use of after duty hours.

12.4.4 One (1) day of absence with pay will be granted to a male unit member upon the occasion

of the birth of that male unit member’s child.

12.4.5 Personal matters of concern to employees that are characterized by urgency and

circumstances that demand the attention of the employee, including (a) Funeral of a

friend or family member; (b) Protection of personal property such as in the case of fire or

flood; (c) Flood or other environmental conditions making travel to and from work

impossible or unsafe; (d) Severe emotional distress related to a particular event such as

threats to one’s person, sudden death of a close friend, etc.; (e) Transaction of

responsibilities on behalf of an incapacitated relative when the employee is the only

person available.

12.4.6 If vacation has been exhausted, the employee may be granted Personal Necessity leave

for (a) Attendance at graduation of a child; or (b) Marriage of a child.

12.4.7 Such other reasons which may be prescribed by the Governing Board.

12.4.8 LIMITATIONS AND CONDITIONS

The following limitations and conditions apply on the use of Personal Necessity leave:

A. Total number of days allowed in one school year for such leave or leaves shall not

exceed seven (7) days. Three (3) of these days may be granted for other personal

reasons of an emergency nature provided that advance approval is obtained from the

employee’s immediate supervisor, and the request is not for the personal convenience

of the employee, extending a holiday or vacation period, matters that can be taken

care of outside of work hours and or recreational activities.

B. The days allowed shall not exceed the number of full pay days of illness or injury

leave to which the unit member is entitled.

C. The Personal Necessity leave shall not be granted during a scheduled vacation or

other leave of absence.

D. Payment of such absence shall be made only upon certification by the unit member’s

administrator or supervisor that the absence was due to a situation designated as

Personal Necessity within the meaning of this Article. The unit member shall be

required to sign, on a form provided, a statement that such absence was a result of a

personal necessity and indicate the nature of such necessity. Such form shall be filled

out and filed with the District Office. The division head may take whatever steps are

necessary to satisfy themselves that a personal necessity within the limits of this rule

did exist.

E. The intent of this Article does not authorize or recognize that sick leave days may be

used as personal necessity for purposes of strikes, walkouts, work stoppages or

slowdowns, or other conditions related to employment dissatisfaction or for any other

reasons not within the strict intent of the Education Code.

21

F. The Superintendent or designee may immediately suspend a Personal Necessity leave

if used by an individual or groups of employees as coercive action against the

supervisor or District.

G. The employee shall be placed on personal leave without pay if the employee is found

using leave for purposes other than requested.

12.5 STATE COMPENSATION INSURANCE FUND CONNECTED LEAVE

Employees are entitled to leave of absence for occupational accident or illness as provided in the

Education Code Section 13651.2 of the 1973 edition which shall remain in effect for the lifetime

of this contract.

12.5.1 RECOGNITION OF LEAVE

Accident or illness must be acknowledged as an industrial accident or illness by the State

Compensation Insurance Fund to be recognized as such by the District.

12.5.2 ELIGIBILITY

A unit member shall have served continuously in the District for a period of six (6)

months before he/she is a qualified employee under this policy.

12.5.3 GENERAL REGULATIONS

A. A maximum of sixty (60) working days of leave is allowable for occupational

accident or illness.

B. Allowable leave under terms of the State Compensation Insurance Fund is not

accumulative from year to year.

C. Allowable leave shall be effective on the first day of absence caused by such accident

or illness.

D. Unit members receiving full pay due to such allowable leave shall endorse any State

Compensation Insurance Fund payments over to the District.

E. Each day of such allowable leave shall be counted as a full day regardless of any

State Compensation Insurance Fund payments endorsed over to the District.

F. After all such allowable leave is used; the unit member shall be entitled to receive

his/her regular accumulated sick leave. Sick leave shall be charged only to the extent

necessary to, when added to any disability payment, total the regular salary.

G. The unit member, unless otherwise authorized by the District, shall remain within the

State of California during the period of injury or illness.

H. Any time a unit member on Industrial Accident or Illness Leave is able to return to

work, he/she shall be reinstated in a position within his/her classification without loss

of pay or benefits.

12.6 JURY DUTY LEAVE

22

12.6.1 NOTIFICATION TO THE DISTRICT

Upon receipt of notification of a jury duty obligation to be served during working hours

on days of assigned service, it is the obligation of the unit member to inform his/her

supervisor and the District Office immediately.

12.6.2 DISPOSITION OF THE JURY DUTY FEE

The unit member shall transmit to the District Business Office any juror’s fees received,

exclusive of mileage.

12.6.3 PAYMENT OF UNIT MEMBER’S REGULAR SALARY

The District will continue to pay the unit member’s regular salary as provided by law. A

unit member who is receiving compensation from the District must report to work during

assigned days and hours when not retained for jury duty except that unit members on a

late shift will be excused from reporting to work on any day when he/she was retained for

duty.

12.7 SPECIAL LEAVE

Limited leave for business or personal reason, not provided under personal necessity leave, may

be granted with or without pay at the discretion of the Superintendent or his/her authorized

representative.

12.8 ASSOCIATION LEAVE

12.8.1 A maximum of two employees shall be given up to five (5) days each of paid release time

to attend the annual CSEA Conference. Upon Chapter request, the District shall provide

release time for up to two (2) additional employees, provided the Chapter reimburses the

District for the actual cost of the employees released.

12.8.2 The Chapter President shall be granted a maximum of five (5) days leave without loss of

compensation during the school year. All Chapter leave shall be for the purpose of

conducting Association business. Written notification of release time shall be submitted

to the Personnel Administrator at least one week in advance by the Association member

authorized to take leave in accordance with this Section or Education Code § 45210.

Such leave shall be noted on the employee’s Verification of Leave form.

12.9 MATERNITY LEAVE

12.9.1 EMPLOYEE OPTIONS

Disabilities resulting from pregnancy, childbirth, miscarriage, abortion, and recovery

therefrom are considered temporary disabilities and in general will be treated as

conditions of illness. Illness leave (sick leave) may be used for such disabilities.

However, a pregnant unit member shall choose the type of leave preferred and notify

the District Office in writing. Once made, this choice may be reversed only with the

approval of the District Office.

23

12.9.2 USE OF ILLNESS LEAVE FOR MATERNITY

When such disabilities indicate need for an extended maternity leave, the unit member

requesting such leave must furnish in advance a written statement from her physician

recommending such leave and indicating the approximate period of confinement, the

date the employee is to begin leave, and the estimated date the employee is to return to

duty. The unit member may continue with her assignment until such time as she and

her physician determine when her leave should begin. After the sixth month of the

pregnancy, a statement from the physician must be filed in the District Office. This

statement should include the expected date of confinement and the physician’s

statement that continuing service will not be detrimental to the health of the individual.

In the absence of such a statement, the District reserves the right to determine the

effective date of leave.

A maximum of forty-two (42) calendar days shall be allowed for recovery after

childbirth, miscarriage, or abortion. After this time, it is expected the unit member will

return to her duties on a regular basis. Continued absence beyond this period will

require a subsequent statement from the unit member’s physician indicating that the

unit member’s health condition is such that she may not return to full duty. In any

event, the District shall be notified in writing at least ten (10) calendar days prior to

return to duty of the expected date of return, which notice shall include a statement

from the physician indicating that unit member’s health condition warrants a return to

full duty on the date specified.

In the event of a miscarriage, a unit member on maternity leave will be allowed to

return earlier than the expected return date if a suitable vacancy exists. A written

request for early return should be submitted to the District Office with the medical

clearance as noted above. Compensation and other benefits and privileges will be

extended during maternity leave in the same manner as during illness above.

12.9.3 USE OF SPECIAL LEAVE FOR MATERNITY

Under this option any pregnant unit member may request a non-paid leave for

maternity purposes for a maximum period of one (1) year. Prior to such leave the unit

member shall submit in writing to the District Office a statement indicating the

beginning and ending date of the requested leave and shall also submit a physician’s

statement verifying pregnancy and indicating the unit member’s health would not be

jeopardized by continuing full employment activity until the date the leave would

begin. An extension of the Special Reasons Leave for maternity purposes will require

approval of the Board of Trustees.

In the event of a miscarriage or premature birth, the unit member may request earlier

return to work subject to a vacancy existing. Before actual return to work, a written

physician’s statement indicating the unit member is able to perform required duties

shall be filed in the District Office.

12.10 MILITARY LEAVE

A unit member shall be entitled to any military leave provided by law and shall retain all rights

and privileges granted by law arising out of the exercise of military leave.

24

12.11 LEAVE FOR DRUG/ALCOHOL REHABILITATION PURPOSES

12.11.1 Unit members shall be granted leave for rehabilitation purposes based on medical

necessity as verified by a physician’s certification.

12.11.2 Leave for drug/alcohol rehabilitation purposes shall include and require the use of any

earned sick leave and vacation time as part of such leave. All other leave shall be

unpaid.

12.11.3 To qualify, the rehabilitation program must be accepted and approved by the District.

12.11.4 Request for this leave shall be made two (2) weeks in advance of the scheduled

treatment in writing to the Superintendent. The District does reserve the right to

schedule such treatment at its convenience.

12.12 PERSONAL DISCRETION LEAVE

12.12.1 One day of Personal Discretion Leave may be utilized by the unit member. The

employee shall be limited to one (1) day of Personal Discretion Leave in any school

year. Such day will be within the seven (7) days granted in Article 12.4.7(A). Leave

shall be charged to accumulated personal illness and injury leave defined in Article

12.2.1. This leave cannot be used to extend a holiday period. Leave under this section

requires a 48 hour pre-approval by a supervisor, except in an emergency situation. The

Superintendent or designee may limit the number of employees on Personal Discretion

Leave on any given day.

12.13 FAMILY CARE AND MEDICAL LEAVE

12.13.1 Pursuant to the Family Care and Medical Leave Act (29 U.S.C. §2601, et seq.)

(“FMLA”) the California Family Rights Act (Government Code Section 12945.2)

(“CFRA”), and Board Policy/Administrative Regulation, any bargaining unit member

who has been employed by the District for at least twelve (12) months and has worked

at least 1,250 hours during the twelve (12) months immediately prior to commencing

the leave shall be eligible to take up to twelve (12) workweeks of unpaid family care

and medical leave in a twelve (12) month period. Such leave shall not exceed twelve

(12) workweeks in fiscal year (July 1 through June 30, inclusive). The leave provided

for in this section shall be available for any of the following reasons:

A. Birth of a child and to care for the newborn, adopted or foster child within twelve

(12) months after the birth or placement for adoption or foster care;

B. To care for a parent, spouse, child or Registered Domestic Partner (CFRA leave

only) with a serious health condition; or

C. Because of the bargaining unit member’s own serious health condition that

makes the bargaining unit member unable to perform the functions of his or her

own position.

12.13.2 Family care and medical leave may be taken in multiple periods, or on an intermittent

or reduced work schedule, where medically necessary.

25

12.13.3 The minimum duration of any family care and medical leave taken for reason of the

birth, adoption or foster care placement of a child of the bargaining unit member shall

be two (2) weeks. However, the District must twice grant a bargaining unit member’s

request for family care leave of less than two (2) weeks duration.

12.13.4 The District will maintain coverage under the group health care plan for the duration of

the family care and medical leave at the same level and under the same conditions such

coverage would have been provided had the unit member not taken the leave. While on

a family care and medical leave, unit members remain responsible for and must

continue to pay any share of the health premiums they now pay for which they would

be responsible if they were working.

12.13.5 During the period of leave taken pursuant to the provisions of this section, the

bargaining unit member must concurrently use any accrued vacation leave, other

accrued time off, or any other available paid leave. If the bargaining unit member

takes a leave because of his/her own serious health condition, the bargaining unit

member must concurrently use any available sick leave and extended illness leave

during the period of the leave. However, a bargaining unit member shall not use

sick leave in connection with a birth, adoption or foster care, or to care for a child,

parent, spouse, or registered domestic partner with a serious health condition, unless

mutually agreed to by the District and the bargaining unit member. A bargaining

unit member absent for disability related to pregnancy, childbirth, or recovery there

from shall not be required, but may elect, to use any accrued vacation leave.

12.13.6 DEFINITIONS:

12.13.6.1 For purposes of this section, “child” means a biological, adopted or foster child, a

stepchild, a legal ward, or a child of a person standing in loco parentis who is

either under 18 years of age or an adult dependent child 18 or older and incapable

of self-care because of mental or physical disability [29 U.S.C. §2611(12)].

12.13.6.2 For purposes of this provision, “parent” means a biological, foster, or adoptive

parent, a stepparent, a legal guardian, or other person who stood in loco parentis to

the bargaining unit member when the bargaining unit member was a child [29

U.S.C. §2611(7)].

12.13.6.3 For purposes of this provision, “registered domestic partner” shall be those

persons registered with the California Secretary of State pursuant to the provisions

of California Family Code Section 297.

12.13.6.4 For purposes of this provision, “serious health condition” shall be as defined in the

FMLA and CFRA statutes and regulations.

ARTICLE XIII – SAFETY

13.1 The District will furnish safety equipment reasonably necessary to permit unit members to

perform assigned duties safely.

13.2 Repeated failure of a unit member to wear or use necessary safety equipment which is provided is

cause for disciplinary action.

26

13.3 It shall be the responsibility of each unit member to report to the site administrator any unsafe

conditions. The employee should use the specified District approved form to make the report.

The Superintendent, or his designee, shall be responsible for responding, in writing, within thirty

(30) days regarding remedial or other action. The Superintendent, or the designee, may or may

not use a committee composed of C.S.E.A. members. If the Superintendent, or his designee, does

not take appropriate action to the satisfaction of the unit member, the unit member may appeal to

the Board of Trustees. A copy of the complaint and the action taken will be sent to the

Association.

13.4 No unit member will be in any way discriminated against for reporting alleged unsafe conditions.

ARTICLE XIV – SALARY SCHEDULE

14 SALARY SCHEDULE

14.1 The District will increase the 2007-2008 salary schedules by 4.0% effective January 1, 2008.

14.2 The District and CSEA agree that effective July 1, 2004, the salary range of the Special Education

Aides will be increased from salary range 21 to 23.

ARTICLE XV – APPLICATION OF CLASSIFIED SALARY SCHEDULE

15.1 INITIAL SALARY PLACEMENT

15.1.1 A classified employee shall be placed on the classification of the salary schedule in which

the major portion of his/her work falls.

15.1.2 Employees who have been previously employed as regular full-time District employees

shall be paid at the step on which they were placed immediately prior to their termination.

They shall not, while in a substituting status, advance to the next higher step if they are

substituting in their previous classification, and shall not be entitled to benefits extended

to regular employees such as sick leave, vacation, etc.

15.2 SALARY ADVANCEMENT WITHIN A CLASS

15.2.1 Employees shall advance on the salary schedule as follows:

A. Full or part-time salaried employees shall advance to the next step on July 1 of each

year until the maximum is reached.

B. Hourly employees, other than temporary or substitute employees, shall advance to the

next step on July 1 providing they are employed prior to January 1. Otherwise,

advancement shall be granted on the following July 1 following a full year of

employment.

27

15.3 SALARY PLACEMENT AFTER RECLASSIFICATION OR PROMOTION

15.3.1 When an employee is granted a promotion or is reclassified within his position to a class

with a higher salary range, he shall be placed on a step that will provide the employee

with at least one step salary increase.

15.3.2 When a class has been assigned to a higher salary range, the employee shall be placed at

the corresponding salary step of the next higher salary range.

15.3.3 If the employee is assigned to a position with a lower salary range, the employee shall

remain at his previous step placement.

ARTICLE XVI – GROWTH INCENTIVE PROVISION

The Professional Growth Program for employees is an organized activity to improve performance

of employees in the classified service of the San Jacinto Unified School District, and to provide

training for employees to gain new skills and abilities in order that they may do a better job for

the students, the school district, and for the community.

16.1 PURPOSE

It is the intent of this program to encourage and monetarily reward members of the classified staff

with compensation for continued growth and development in their positions. This professional

growth will directly benefit the San Jacinto Unified School District and the students served by it.

16.2 ELIGIBILITY

All permanent classified employees shall be eligible to participate in the Professional Growth

Program. The term “permanent classified employee” shall exclude the following types of

employees for the purpose of determining eligibility for any professional growth increment

employees for the purpose of determining eligibility for any professional growth increment:

16.2.1 Persons that would not qualify for the Professional Growth Program include:

A. Probationary employees

B. Substitutes

C. Short-term employees

D. Consultants

16.3 PROFESSIONAL GROWTH CRITERIA

Courses that apply shall be job related, improve job skills, explore and prepare for career mobility

within the District, and assist in the advancement of the unit member.

The following criteria will be applied in determining approval of courses taken by unit members:

1. The subject matter of the course must relate directly to the position currently occupied by

the unit member, or

28

2. The subject matter of the course must meet the requirements of the position for which the

unit member is training for or striving to obtain through career mobility.

3. Any course or activity which does not meet the requirements listed above must be

approved by Personnel Services.

16.4 PROFESSIONAL GROWTH CREDIT – EDUCATIONAL CREDIT

16.4.1 Semester units for approved college, community college, trade school, or adult education

classes.

16.4.2 Courses taken from other than approved colleges may be accepted and prorated according

to semester hours of credit and approval for credits to be awarded.

16.4.3 When semester unit credit is not specified, 18 hours of class time = 1 unit; 9 hours = ½

unit; 6 hours = 1/3 unit.

16.4.4 Awards for those with growth incentive stipends earned prior to December 1, 1983 shall

remain in effect.

16.4.5 No employee shall receive credit for classes attended during the working day if the

employee is being paid for regular services.

16.4.6 The criteria of job relatedness will be used by the supervisor in approving course work

for a specific individual.

16.5 ORGANIZED JOB-RELATED WORKSHOPS

16.5.1 Prorated credit will be granted for approved job-related workshop attendance based on

one (1) unit for each eighteen (18) hours of attendance.

16.6 QUALIFICATIONS FOR PROFESSIONAL GROWTH INCREMENT

In order to qualify for a professional growth increment, the following steps must be followed:

16.3.1 An intent to participate in the Professional Growth program must be filed with the

Personnel Office on the designated form. Credit will not be granted for participation in

growth activities prior to the date of intent. Course work in progress as of December 1,

1983, but not completed at the time of intent is filed, will be granted if approved by the

Superintendent or their designee.

16.3.2 Verification of growth activities must be presented to the Personnel Office for evaluation.

Official transcripts must be submitted for college course credit. For adult education

classes, the instructor’s signature verifying the attendance and satisfactory completion of

the course will be accepted in lieu of a transcript.

16.3.3 The number of increment awards shall not exceed a total of four (4).

16.3.4 The professional growth increment will be effective on the first day of the month

following the 30th calendar day after approved completion of the requirements.

16.3.5 Any semester units earned beyond the fifteen (15) necessary in any growth period may be

carried over into the next period.

29

16.3.6 Only one (1) professional growth increment will be granted within any two (2) year

period. The Superintendent or Superintendent’s designee may extend the completion

date of the growth incentive plan for the equivalent of one (1) semester. The extension

may only be granted if the employee has a doctor verified illness or injury that prevents

the employee from working and going to school. Only one (1) extension is permissible.

The extension may be granted only if the time off from work and school resulted in the

individual not being able to complete the class and the individual officially withdraws

from the class or is not able to register for reason of illness or injury.

16.3.7 Each fifteen (15) semester units shall be completed within two (2) years of the starting

date.

16.3.8 It is the responsibility of the employee to file the intent, apply for Professional Growth

Credit, and verify completion of course work or other growth activity.

16.7 RECORDS

Each employee’s permanent professional growth record showing units accrued, together with

appropriate verification, will be kept in the Personnel Office.

16.8 AWARD

The following growth award will be paid in monthly installments based on the employee’s work

year:

Semester Units 15 30 45 60

Or Equivalent $350 $700 $1,050 $1,400

Permanent employees working on a part-time basis will receive the above prorated in relation to a

full working day of eight (8) hours, with a minimum award of 50% for employees who work four

(4) hours daily or less.

ARTICLE XVII – HEALTH AND WELFARE BENEFITS

17.1 Effective July 1, 2008, District contributions will be $8,650. The District’s contribution for the

2007-2008 insurance year is $8,150.The District’s contribution for the 2006-2007 insurance year

was $7,550; the District’s contribution for the 2005-2006 insurance year was $6,550.

17.2 RETIREE HEALTH INSURANCE

A. Effective July 1, 2005, the District provided medical health insurance coverage for eligible

unit members who retire.

B. Eligible unit members would have to meet the following criteria:

1. The retiree must be fifty-five (55) years or older and have been employed by the San

Jacinto Unified School District for at least ten (10) years preceding retirement.

2. The retiree will not be eligible if he/she is covered individually or as a dependent under

another health and welfare program.

3. Eligibility will cease at age 65 or when the employee becomes eligible for Medicare.

30

4. Employees hired on or prior to June 30, 2008, will receive benefits as outlined below

effective July 1, 2008. Employees hired on or after July 1, 2008 will be covered under

Article 17.2.B.5.

55 and 10 years of service in the district = no change

55 and 15 years of service in the district = $3,500

55 and 20 years of service in the district = $4,500

55 and 25 years of service in the district = $5,500

5. Effective with employees hired on or after July 1, 2008, the District will contribute

either $3,000 or $5,000 toward the cost of medical insurance for unit members who

retire and use one of the district’s medical plans. To qualify for the $3,000 benefit, the

retiree must have at least 20 years of continuous full-time service, from the employee’s

most recent hire date, to the San Jacinto Unified School District immediately prior to

retirement, receive retirement benefits under PERS, and be at least 55. The District’s

contribution to the retiree’s medical insurance will end when the individual reaches age

65. To qualify for the $5,000 benefit, the retiree must have at least 25 years of

continuous full-time service, from the employee’s most recent hire date, to the San

Jacinto Unified School District immediately prior to retirement, receive retirement

benefits under PERS, and be at least 60. The District’s contribution to the retiree’s

medical insurance will end when the individual reaches age 65. Part-time employees,

those working less than eight (8) hours but more than four (4) hours per day, will be

given this benefit pro rata in relationship to an eight (8) hour work day, provided they

are enrolled in PERS.

17.5 DISABILITY PROGRAM

If ¾ of the chapter membership present and voting on the question by secret ballot vote in favor

of participating in an employee sponsored income protection disability program that does not

exceed a 1.4% of gross income cost to the employee and the program is at no cost to the District

and cannot in the future become a district paid program, the District will assist CSEA-Chapter

189 in developing an income protection disability program.

ARTICLE XVIII – HOURS, OVERTIME AND ALLOWANCES

18.1 WORK SCHEDULE

The work week begins at 6:00 a.m. on Monday and ends at 6:00 a.m. the following Monday. An

employee’s normal work schedule shall not exceed five (5) consecutive days, eight (8) hours per

day, nor forty (40) hours per week. The work hours and work days of new and/or vacant

positions may be changed to meet the needs of the District.

This does not preclude the extension of the work week or work day on an overtime basis, as

authorized by the Superintendent or his/her designee.

18.1.1 MODIFICATION OF THE WORK SCHEDULE

Employees hired, promoted or reclassified after July 1, 1995 may have their work schedule or

work week revised to meet an identifiable need of the District. Prior to making a final decision in

realigning the work schedule, the District will afford the unit member, if available, an opportunity

31

to discuss the rationale for the change and share his/her concerns. If the realignment of the work

schedule would be permanent, the affected unit member shall be given five (5) work days prior

notice, except in cases of emergency.

Unit members employed in the District on or before June 30, 1995 shall not have their work week

or work day changed except as provided below.

Maintenance, Operations and Transportation employees may have their daily work hours changed

by three (3) hours per day and/or have their work week changed by one (1) day per month.

For football games, a schedule of games will be posted in the Director of Maintenance,

Operations, and Transportation’s office for the purpose of soliciting District approved qualified

current employees and/or qualified substitutes to work the modified work schedule. The

solicitation will take place prior to the start of the first football game. If no qualified current

employees and/or qualified substitutes accept the assignment, a current employee may be

assigned the modified work schedule provided, except in a district identified emergency, the

employee has been notified three (3) work days prior to the assignment. An emergency includes,

but is not limited to, a person assigned to a modified schedule notifying the District they cannot

work on the day of the modified schedule. The District may, on the day in question, assign

another qualified employee to work the modified schedule.

For all other assignments and employees, if no qualified current employees and/or qualified

substitutes accept a temporary modified work schedule, a current employee may be assigned the

temporary modified work schedule provided, except in a district identified emergency, the

employee has been notified three (3) work days prior to the assignment, a discussion has been

held with the employee and the CSEA-Chapter 189 President has been notified. An emergency

includes, but is not limited to, a person assigned to a modified schedule.

If the modification of the work schedule results in the employee working overtime, at the election

of the District, the employee shall be allowed to take compensatory time or paid overtime. The

supervisor shall schedule the compensatory time within two weeks of the employee earning the

time. By mutual agreement of the employee and their supervisor, the compensatory time may be

taken up to, but not later, than ninety (90) days after earning the time.

18.2 UNCOMPENSATED TIME

Any break in time worked which is the result of a regular schedule will be considered

uncompensated time. The District will include notice of such uncompensated time in job

postings and scheduled changes to ensure that applicants are advised of this condition of

employment.

18.3 LUNCH PERIODS

All unit members covered by this Agreement working five (5) or more hours per day shall be

entitled to an uninterrupted lunch period without pay of thirty (30) minutes per work day. This

time may be extended upon the mutual agreement of the unit member and his/her supervisor.

Lunch periods shall be scheduled at or about the mid-point of each work shift. Exceptions may

be granted by mutual agreement between the unit member and his/her supervisor.

18.4 REST PERIODS

32

A unit member shall be allowed a twenty (20) minute rest period during any four (4) hour

working period which is not otherwise interrupted by a lunch hour or similar break. Rest periods

cannot be accumulated nor can they be taken at the beginning or the end of a four (4) hour

working period.

Specific periods may be designated by the supervisor, but, whenever possible, the periods will be

at the convenience of both parties.

Rest periods are a part of the regular workday and shall be compensated at the regular rate of pay

for the unit member.

18.5 OVERTIME

Except as otherwise provided herein, all overtime hours as defined in this Section shall be

compensated at a rate of pay equal to time and one-half the regular rate of pay of the member for

all work authorized. Overtime is defined to include any time worked in excess of eight (8) hours

in any one day or on any one shift or in excess of forty (40) hours in any calendar week, starting

time or subsequent to the assigned quitting time. All hours worked beyond the work week of five

(5) days shall be compensated at the overtime rate commencing on the sixth day of work.

All hours worked on holidays designated by this Agreement shall be compensated at one and one-

half (1½) times the regular rate of pay in addition to the regular rate of pay for the holiday.

18.5.1 OVERTIME/COMPENSATORY TIME

All overtime must be pre-approved and authorized in writing by the site supervisor,

unless an emergency situation exists. District approved compensatory time, in lieu of

cash compensation, shall be documented and tracked at each District worksite. All pre-

approved District compensatory time must be taken within thirty (30) days, and no later

than ninety (90) days when extraordinary circumstances exist, following the day in which

the overtime was worked.

18.6 SHIFT DIFFERENTIAL

When more than one-half (½) of an employee’s regularly assigned work hours fall after 5:00

p.m., the employee, except for security patrol officers, shall receive a shift differential bonus of

$.15/hour if the employee is in a class that normally does not provide for night-time pay

differential.

18.7 MINIMUM CALL-IN TIME

Any unit member called in to work on a day when the unit member is not scheduled to work shall

receive a minimum of two (2) hours pay at the appropriate rate when authorized by management.

18.8 CALL-BACK TIME

Any unit member called back to work after completion of his/her regular assignment shall be

compensated for at least two (2) hours of work at the appropriate rate when authorized by

management.

18.9 STANDBY TIME

33

For each day that a unit member is scheduled to be available for call-in, they shall receive $10 as

compensation for holding themselves available. If actually called, hours worked will be paid at

the established rate and time in addition to the standby allowance.

18.10 UNIFORMS

If uniforms are required by the District and the District does not provide laundry or cleaning

services, members shall be compensated in an amount equivalent to 3 cents per hour.

18.11 ASSIGNING OF EXTRA WORK

Extra work opportunities shall be distributed and rotated as equally as is practical among

available qualified unit members in each department.

18.12 MILEAGE REIMBURSEMENT

Unit members will be reimbursed for use of their own automobiles on District business when

authorized by the supervisor at the maximum non-reportable rate allowed by the IRS.

ARTICLE XIX – HOLIDAYS

19.1 SCHEDULED HOLIDAYS: The District agrees to provide all employees, in paid status, in the

bargaining unit with the following paid holidays as established on the District/School calendar:

19.1.1 New Year’s Day

19.1.2 Martin Luther King Jr. Day

19.1.3 Washington’s Birthday

19.1.4 Memorial Day

19.1.5 Independence Day

19.1.6 Labor Day

19.1.7 Veterans Day

19.1.8 Thanksgiving

19.1.9 Day After Thanksgiving Day

19.1.10 Christmas Eve

19.1.11 Christmas Day

19.1.12 Day after Christmas

19.1.13 New Year’s Eve

34

19.2 ADDITIONAL HOLIDAYS

Every day declared by the President, Governor of this State, or the Governing Board as

authorized under Education Code Section 37220 as a public fast, mourning, Thanksgiving, or

holiday, where schools are required to be closed, shall be a paid holiday for all eligible employees

in the bargaining unit.

19.3 HOLIDAYS ON SATURDAY OR SUNDAY:

When a holiday falls on a Saturday, the preceding work day not a holiday shall be deemed to be

that holiday. When a holiday falls on Sunday, the following work day shall be deemed to be that

holiday.

19.4 HOLIDAY ELIGIBILITY

An employee must be in paid status on the working day immediately preceding or succeeding the

holiday to be paid for the holiday.

19.4.1 Employees in the bargaining unit who are not normally assigned to duty during the

school holidays of December 25 and January 1 shall be paid for those holidays provided

that they were in a paid status during any portion of the working day of their normal

assignment immediately preceding or succeeding the holiday period.

ARTICLE XX – VACATIONS

20.1 FULL-TIME CLASSIFIED EMPLOYEES SHALL EARN VACATION AS FOLLOWS:

A. One (1) through four (4) years, one (1) day per month.

1. 10 month employees, 10 days

2. 11 month employees, 11 days

3. 12 month employees, 12 days

B. Five (5) through nine (9) years, three (3) additional days.

1. 10 month employees, 13 days

2. 11 month employees, 14 days

3. 12 month employees, 15 days

C. Ten (10) through nineteen (19) years, five (5) additional days.

1. 10 month employees, 18 days

2. 11 month employees, 19 days

3. 12 month employees, 20 days

D. Twenty (20) or more years, two (2) additional days

1. 10 month employees, 20 days

2. 11 month employees, 21 days

3. 12 month employees, 22 days

20.2 Additional Vacation days shall be granted to employees at five, ten and twenty years of service

(see 20.1).

35

A. Employees hired between July 1 through December 31 shall commence their increase on

July 1 following their fourth and ninth anniversaries.

B. Employees hired between January 1 and June 30 shall commence their increase on July 1

following their fifth and tenth anniversaries.

20.3 An employee shall receive a full vacation allowance for any month in which he/she is in a paid

status for more than one-half (½) of the working days in the month.

20.4 Vacation shall not be accumulated from one year to the next without prior written approval of the

Superintendent.

ARTICLE XXI – STATUTORY OBLIGATIONS

1. The parties acknowledge and agree that obligations imposed upon the District, unit members

and the Association, under any California Education Code or Regulation, relating to matters

within the scope of representation, are legally binding and must be complied with by the

respective parties, subject to any modification established by this Agreement.

2. The provisions of this Article shall not be subject to the grievance procedure.

3. A written complaint alleging a violation of this Article may be filed with the Superintendent.

Such complaint must be submitted within twenty (20) days after the act or omission giving

rise to the complaint. The Superintendent or designee shall respond within five (5) days after

receipt of the written complaint. If the complaint is not satisfied with the written response,

the Association may file with the Superintendent’s office, a written request for advisory

arbitration of the dispute within five (5) days after receipt of the written response.

4. Within five (5) days after the request for arbitration is filed with the Superintendent, the

District and the Association shall attempt to voluntarily agree upon the selection of an

arbitrator. If no agreement can be reached, the parties shall within said five (5) day period

request a list of arbitrators from the California State Mediation Service. Unless otherwise

mutually agreed, the arbitration hearing shall be conducted within thirty (30) days after

receipt of the arbitrator’s findings and recommendations. The costs of the arbitration hearing,

including the arbitrator’s fees, shall be borne equally by the District and the Association.

5. The term “day,” as used in this Article, shall mean a day in which the administrative office is

open. The failure to file a complaint or request arbitration within the timelines set forth

above shall be deemed a waiver of the complaint.

ARTICLE XXII – COMPLETION OF MEET AND NEGOTIATION

22 The District and CSEA agree that negotiations over changes in this Agreement for the duration of

its term have been completed and that this Agreement shall not be reopened for negotiations

except as may be required under Article 23: DURATION, or otherwise mandated by law, other

provisions in this Agreement, or by mutual agreement of the parties.

Nothing in this Article shall preclude the parties from meeting and negotiating for the purpose of

arriving at a new or amended successor Agreement to be effective following its expiration.

36

In the event that new legislation regarding scope of the collective bargaining law becomes

effective during the term of this Agreement, both parties agree to meet and negotiate on matters

specifically added to the scope.

ARTICLE XXIII – DURATION

23 This Agreement shall remain in full force for three (3) years, from July 1, 2010 to June 30, 2013.

REOPENERS: 2011-2012

Reopen salary, health & welfare benefits. Each party may reopen two (2) other articles.

REOPENERS: 2012-2013

Reopen salary, health & welfare benefits. Each party may reopen two (2) other articles.

ARTICLE XXIV – SUPPORT OF AGREEMENT

24 The District and the Association agree that it is to their mutual benefit to encourage the resolution

of differences through the meet and negotiation process. Therefore, it is agreed that the

Association and the District will support this Agreement for its term.

ARTICLE XXV – SAVINGS PROVISIONS

If any provisions of this Agreement are held to be contrary to law by a court of competent

jurisdiction, including the appellate process, such provisions will not be deemed valid and

subsisting except to the extent permitted by law, but all other provisions will continue in full

force and effect.

ARTICLE XXVI – LAYOFF PROCEDURES

1. Classified employees shall be subject to layoff for lack of work or lack of funds.

Whenever a classified employee is laid off, the order of layoff within the class shall be

determined by length of service. The employee, who has been employed the shortest

time in the class, plus higher classes, shall be laid off first. Reemployment shall be in

reverse order of layoff. (Ed. Code 45308)

2. Classified Employees that are laid-off shall be placed on a re-employment list in order of

seniority for a period of thirty-nine (39) months.

3. Classified Employees that are reduced in hours, days, or months shall be placed on a re-

employment list in order of seniority for a period of sixty-three (63) months.

4. Seniority shall be defined as the hire date in the affected job classification. Should the

employee contest the hire date as defined by the District, the employee shall have the

37

right to meet with Human Resources to review payroll records to ascertain accurate hire

date.

5. Should two employees have equal classification seniority, the determination as to who is laid off

first shall be made by earliest hire date within the District. If the District determines seniority is

equal, then the determination shall be made by lot. Each employee in the lot will draw a number

to determine the order in which they will draw for rehire order. Employees will then draw to

determine their rehire order.

6. Employees shall have the options of bumping into previous classification(s) held (lower or equal

or higher) in which they have seniority. The District will discuss employee displacement options

with CSEA prior to implementation. Employees shall be entitled to the most hours by seniority,

not to exceed amount of hours previously or currently held in the affected classification.

Classification seniority for bumping is defined as date of hire in the classification plus time

worked in a higher classification within the District. Displaced employees shall have the same

rights contained in this agreement.

7. The District shall schedule a meeting with laid off bargaining unit members who have elected to

exercise his or her bumping rights. Bargaining unit members shall be entitled to CSEA

representation at that meeting. At that meeting, bumping and reemployment rights will be

explained, available necessary information relating to these topics will be provided, and the

bargaining unit member shall indicate his or her bumping selection, subject to the criteria

specified herein.

8. Employees can choose to be laid off instead of a reduction of hours or bumping into a previously

held classification. Employees that choose to be laid off will retain all statutory rights (including

those found in this article) that would be afforded a person who is laid off from their position.

9. The District shall not contest any appropriate claim for unemployment benefits applied for by the

affected employees.

10. The rights afforded by this agreement are in addition to any rights afforded to affected employees

by statute or the CBA.

11. Affected employees shall receive a 45-day notice of layoff.

12. Affected employees shall remain fully paid including all benefits during the 45 day notice period.

13. CSEA shall have the opportunity to review layoff and reduction notices prior to certified

mailings.

14. An updated seniority list will be provided to CSEA five days prior to the adoption of the Board

Resolution on the subject of layoff or reduction.

15. Vacant positions shall not be reduced in time or split unless the decision and effects are

negotiated with CSEA.

16. Employees who have been laid off shall be notified if a position within their previously held

classification becomes available via certified mail at the last known address on record with the

District. The employee shall then have at least ten (10) work days, from the date of the certified

mailing, to respond (work day defined as day(s) District office is open). The District will notice

all in the affected classification at one time and will offer the position in order of seniority. An

employee accepting an offer for reemployment must begin work within three (3) weeks from the

date of the certified mailing unless extenuating circumstances exist. Failure to do so will result in

the employee being removed from the reemployment list.

17. If an employee on the thirty-nine (39) or sixty-three (63) month rehire list rejects three offers of

reemployment into their same classification with the same number of hours and months, the

38

employee’s name will be removed from the rehire list and he/she will forfeit all reemployment

rights to which otherwise entitled.

18. When an employee has been taken off the reemployment list and reinstated to the classification

from which the employee was laid off, all time during which the employee was in laid-off status

shall be counted for seniority purposes, to the extent required by law, not to exceed thirty-nine

(39) months, in addition to seniority earned prior to the effective date of layoff, except that during

such time the employee will not accrue vacation, sick leave, holidays, or other leave benefits.

19. Issues involving unit member workload will be discussed between CSEA and the District at the

monthly Labor Relations meeting.

20. This article shall not be subject to the grievance procedure, but subject to obligations and

remedies set forth or decided by PERB precedents and decisions.

CALIFORNIA SCHOOL EMPLOYEES SAN JACINTO UNIFIED SCHOOL

ASSOCIATION – CHAPTER #189 DISTRICT

Authorized Representative Authorized Representative

Date Date