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The Administration and the Cuesta College Classified United Employees recognize and appreciate the active participation and commitment of the District's Board of Trustees in the interest-based bargaining process that resulted in this Agreement.
All of the participants in the interest-based bargaining process appreciate the facilitation, guidance, and training provided by Stuart McElhinney and the support provided to the group by Lori Lawson.
1.1 The provisions contained herein constitute a bilateral and binding agreement by
and between the SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE DISTRICT ("College," "District,"
or "Employer") and the CUESTA COLLEGE CLASSIFIED UNITED EMPLOYEES,AFT LOCAL 4606,
("Exclusive Representative" or "CCCUE") an employee organization, and apply to classified
bargaining unit members ("employees").
1.2 This Agreement is entered into pursuant to the provisions of the Educational
Employment Relations Act, Government Code sections 3540 through 3549, inclusive, ("Act").
1.3 The District and the Exclusive Representative agree that it is in their mutual benefit
to encourage the resolution of differences through the meet and negotiation process.
Therefore, it is agreed that the Exclusive Representative will support the terms of this
Agreement and will not appear before the Board of Trustees to seek change or improvement in
any matters subject to the meet and negotiation process except by mutual agreement.
2.1 The Employer recognizes CCCUE as the Exclusive Representative of employees
whose job titles are listed in Appendix A for placement on the salary schedule.
Employees are placed in the appropriate bargaining unit as follows:
| Police Unit | Residual Classified Unit | |
| Campus Police Officer | All other classified employee positions listed in Appendix A. |
3.1 For the 1998-1999 academic year, the 1997-1998 Classified Salary Schedule
shall be increased by 4.75%, retroactive to July 1, 1998. For the 1999-2000 and
2000-2001 academic years, the Classified Salary Schedule shall be determined by
application of the Compensation Formula which is attached to Appendix A.
3.1.1 The Classified Salary Schedule shall be attached to this Addendum as Appendix A.
3.1.2 Annual step increases on the salary schedule shall be granted to employees in a
manner and at a time consistent with District practice.
Payday
3.2 Payday shall be the last District business day of each calendar month. If a
determination is made by the District that a payroll error has resulted in insufficient
payment for an employee, the error shall be corrected and a supplemental check issued no
later than five workdays after the error has been determined.
Promotion - Step Placement
3.3 An employee who is promoted pursuant to the terms of Article IX, VACANT POSITIONS
AND REASSIGNMENTS, paragraph 9.4.2, shall be placed on the lowest step of the appropriate
salary range that results in a salary increase of not less than five percent, except that
the employee may be placed on the last step of the appropriate range (maximum Step E) even
though the increase is less than five percent.
Inconsistent Duty Pay
3.4 An employee who is required to perform duties inconsistent with the duties set forth
in the position description for the employee's regular job classification shall receive a
salary adjustment in an amount that reasonably reflects the duties required to be performed
for the entire period that the out-of-classification duties are performed if the period of
time exceeds five workdays within a 15-calendar-day period. In no event would the rate of
pay be less than the employee's current rate of pay.
Longevity Step
3.5 Effective July 1, 1998 the employee's step and range as it appears on the Classified
Salary Schedule shall be increased by five percent after the employee has completed 10
consecutive years of employment in a bargaining unit position or positions. In order to
qualify for the 10-year longevity step (Step F), the employee must attain an overall annual
evaluation rating of "meets requirements" or "exceeds requirements" for the academic year
immediately preceding the year in which the increase is granted.
3.5.1 The employee's 10-year longevity step shall be increased by two percent after the
employee has completed 15 consecutive years of employment in a bargaining unit position or
positions. Effective July 1, 1999, the employee's 10-year longevity step shall be increased
by five percent after the employee has completed 15 consecutive years of employment in a
bargaining unit position or positions. In order to qualify for the 15-year longevity step
(Step G), the employee must attain an overall annual evaluation rating of "meets
requirements" or "exceeds requirements" for the academic year immediately preceding the year
in which the increase is granted.
3.5.2 The employee's 15-year longevity step shall be increased by five percent after the
employee has completed 20 consecutive years of employment in a bargaining unit position or
positions. In order to qualify for the 20-year longevity step (Step H), the employee must
attain an overall annual evaluation rating of "meets requirements" or "exceeds requirements"
for the academic year immediately preceding the year in which the increase is granted.
3.5.3 Actions to grant longevity steps shall be effective as of the employee's hire date.
3.5.4 If an employee who is receiving a longevity step is promoted, the employee will
continue to receive the longevity step based on the employee's step and range in the
previous position until the employee completes the trial period in the new classification.
At that time, the longevity step will be paid based on the employee's new step/range.
Procedure for Reviewing a Classified Position
3.6 An employee may request that the District conduct a formal job review of the position
held by the employee (1) on the basis that the employee's job duties have accreted to the
level of a job classification other than that occupied by the employee or (2) due to a
substantial modification or modifications of the duties performed by the employee since
January 1 of the prior academic year.
3.6.1 A written Request for Job Review must be filed with the Office of Human Resources not
later than February 1 of the fiscal year. The review process shall be completed prior to the
end of the current fiscal year.
3.6.2 A joint committee composed of two members designated by the District and two members
designated by the CCCUE shall review each request and shall submit those that satisfy the
criteria to the District's consultant for a review and recommendation. The consultant's
written recommendation shall be issued to the joint committee.
3.6.3 If the recommendation results in a reclassification and upward adjustment in the
employee's wage rate, the new wage rate shall be effective as of July 1 of the subsequent
fiscal year. In addition, the recommendation shall specify the period of retroactive
application of inconsistent duty pay or the wage rate adjustment, if any.
3.6.4 The recommendation shall be submitted to the Superintendent/President for review and
consideration prior to being referred to the Board of Trustees for a final decision.
Professional Growth Program<
BR>
3.7 The professional growth program encourages classified personnel to develop increased
competence in the performance of assigned job duties, to broaden skills required for
promotional opportunities, or to plan for career advancement and thereby benefit the
District.
3.7.1 An employee shall be eligible to earn a two percent professional growth salary
enhancement on the employee's step and range upon completion of 12 units of approved work.
No units approved and completed prior to July 1, 1997 shall be eligible for the professional
growth enhancement.
3.7.1.1 No more than one enhancement may be earned in a fiscal year. An employee is
limited to a total of five two percent professional growth salary enhancements in the
employee's current classification.
3.7.1.2 Professional growth units may be earned as approved college credit units
(one unit per semester unit completed with a grade of "C" or better) or as approved work
or training on the basis of one unit per 18 hours of completed and verified course work
in a workshop, seminar, or other instructional setting.
3.7.1.3 All professional growth units shall be taken at a time outside of the employee's
regular scheduled work days and work hours. In exceptional circumstances, an employee may be
allowed to utilize a flexible work schedule, vacation time, or compensatory time off in order
to attend a course, workshop, or seminar that is scheduled during the employee's regular work
hours.
3.7.1.4 When the District pays for all or any part of the costs or fees of a course,
workshop, or seminar, the employee shall not earn credit for professional growth units,
regardless of whether the employee attended on work time or on personal time.
3.7.2 Each application for approval of a course, seminar, or workshop that would result in
credit towards a professional growth salary enhancement will be considered on an individual
basis by the employee's immediate supervisor in conjunction with the Vice President/Assistant
Superintendent, Instructional Services. The application shall be made prior to the employee
enrolling in the course, seminar, or workshop. Courses that are suitable for professional
growth must be related to the employee's current position or be appropriate for a declared
career goal/educational plan. A career development program may include both types of
courses.
3.7.2.1 Job-related courses are useful in the current position or are undertaken to
acquire new or more advanced skills or knowledge beyond the skills or knowledge expected for
entrance into the current position.
3.7.2.2 Career-development courses are undertaken to meet educational requirements for
another position within the District or planned within the District. Application for approval
of career-development courses shall include a written educational plan of study that outlines
the employee's stated career goal or position objective and the educational plan for
achievement of the goal or objective.
3.7.2.3 Consideration may be given to special courses at the request of an employee who
works in a job category for which related courses, workshops, and seminars are not usually
available.
3.7.3 With regard to an employee who is employed as a Campus Police Officer, professional
growth shall be limited to the attainment of a Police Officer Standards and Training ("POST")
Intermediate Certificate, POST Advanced Certificate, or Emergency Medical Technician ("EMT")
Certificate. Holding the POST Intermediate Certificate entitles an employee to a five percent
salary enhancement on the employee's step and range placement. Holding the POST Advanced
Certificate entitles an employee to an additional five percent salary enhancement on the
employee's step and range placement. Possession of an EMT Certificate entitles an employee
to a five percent salary enhancement on the employee's step and range placement. The
provisions of paragraphs 3.7 through 3.7.2.3 do not apply to Campus Police Officers.
Parking Fee
3.8 All employees who park on campus shall pay a parking fee of $20 per year, paid in
installments of $10 per semester, no later than the first workday of the second month of
the current semester. Failure to pay by the deadline shall result in an additional charge
of $5.
Mileage Reimbursement
3.9 An employee who uses the employee's personal vehicle for authorized travel shall be
reimbursed at the Internal Revenue Service rate. For purposes of eligibility for mileage
reimbursement, each employee shall be assigned to a principal campus/center (e.g., Cuesta,
North County).
3.9.1 When an employee's job includes a split assignment, intra-district mileage shall be
paid for travel between the work sites.
3.9.2 When an employee has a dual assignment as a result of application of paragraph 9.4,
mileage shall be paid for miles driven to the second work site. Payment made pursuant to
this paragraph is for miles in excess of the mileage traveled to and from the principal
campus/center from the employee's home at the time the assignment was made. This payment
shall be made for a maximum period of 24 months.
Meeting and Conference Expense Reimbursement
3.10 An employee who is required to travel on District-related business in order to attend
a District-authorized meeting or conference shall be reimbursed for travel and related
expenses. Reimbursement shall be provided consistent with adopted District procedures and
regulations.
3.10.1 Reimbursement for meals shall be at the actual cost of the meal up to $8 for
breakfast, $12 for lunch, and $30 for dinner. Reimbursement for meals in excess of the
stated amounts will be made upon submission of appropriate receipts.
3.10.2 Reimbursement for appropriate lodging shall be made when the meeting or
conference is more than 100 miles from San Luis Obispo.
3.10.3 The District will reimburse the actual cost of authorized air or rail
transportation, vehicle rental, and/or telephone charges for District business.
4.1 For each year of this Agreement, commencing January 1, 1999, the District agrees
to contribute a tenthly dollar amount of $635.90 toward the cost of the total health and
welfare benefits program for each full-time employee and eligible dependents. This is a
dollar amount contribution for health and welfare benefits.
4.1.1 A part-time employee who is employed for less than 50 percent of the assigned time of a
full-time employee is not eligible to participate in or to receive a District contribution
toward the health and welfare benefits program.
4.1.2 A part-time employee who is employed and assigned to work from 50 percent to 74 percent
of the assigned time of a full-time employee is eligible to participate in the District's
health and welfare benefits program and to receive one-half of the District's contribution
to a full-time employee.
4.1.3 A part-time employee who is employed and assigned to work 75 percent or more of the
assigned time of a full-time employee is eligible to participate in the District's health
and welfare benefits program and to receive the same District contribution to a full-time
employee.
4.2 All employees hired on or after July 1, 1992, who are eligible to receive a District
contribution for the health and welfare benefits program are required to enroll in the
medical, dental, and vision insurance plan selected by the District at the single person
rate. If the District's contribution to the employee exceeds the monthly amount required
to pay for the health and welfare benefits programs in which the employee has enrolled, the
employee may specify any program of insurance for the distribution of the excess contribution,
including any tax sheltered annuity, acceptable to the District.
4.3 An employee who was hired by the District prior to July 1, 1992 and who is eligible to
receive a District contribution for the health and welfare benefits programs may receive the
contribution without the requirement to enroll in the District's health and welfare benefits
program. The employee is required to show proof of eligibility and participation in a health
and welfare benefits program that must include medical, dental, and vision insurance coverages
that are acceptable to the District. Upon satisfactory proof of coverage by another health
and welfare benefits plan, the employee may specify any program of insurance for distribution
of the contribution, including any tax sheltered annuity, acceptable to the District.
4.4 An employee whose monthly cost for health and welfare benefits coverages exceeds the
District's contribution is required to pay the additional cost by payroll deduction.
5.1 The workday for all employees shall be established and fixed by the District.
When an employee is assigned to work at more than one campus/center site (e.g., main campus,
North County) during the same workday, travel from the first campus/center to the second
campus/center shall be on paid time.
Workweek
5.2 The workweek for full-time employees shall be 40 hours, normally rendered in units of
eight hours per day, exclusive of an unpaid lunch period, but inclusive of any rest periods
prescribed by the District.
5.2.1 The workweek shall normally consist of five consecutive days, Monday through Friday,
for all employees rendering service averaging four or more hours per day during the
workweek.
5.2.2 The District retains the right to extend or modify the regular workweek as it deems
necessary to carry out the District business.
5.2.3 The District may establish a 10-hour-per-day, 40-hour, four-consecutive-day workweek or
a nine-hour-per-day, 80-hour-per-two-week work schedule, pursuant to the provisions of
Education Code sections 88031 and 88039. Either of the non-traditional work schedules,
if implemented, will be subject to review after three months in operation. There will be an
additional review in the eleventh month of operation and annually thereafter.
Rest Periods
5.3 An employee who is assigned to work four consecutive hours or more shall have one
scheduled 15-minute rest period for each four consecutive hours of paid service. Rest
periods not taken shall not be cumulative and normally may not be scheduled contiguous with
the lunch period or the beginning or end of the employee's workday.
Lunch Period
5.4 An employee who is assigned to work five consecutive hours or more per day shall have
an uncompensated lunch period of at least 30 minutes duration each workday. The lunch period
shall normally be taken about mid-point of the employee's workday.
Overtime and Extended Hour Service
5.5 Overtime is approved time worked in excess of 40 hours in a workweek or more than eight
hours in a workday. The overtime rate shall be time and one-half the regular rate of pay.
The positions of Campus Police Officer, Theater Technician, and Technical Director/Theater
are excluded from the overtime pay requirement based on eight hours per day pursuant to the
provisions of Education Code section 88026.
5.5.1 Overtime and extended hour service must have prior approval of the immediate
supervisor.
5.5.2 Nothing contained herein shall be construed to limit the District's right to require
overtime or extended hour service of an employee.
5.5.3 An employee whose regular assigned workday is four hours or more per day, five days per
week, shall be compensated at the overtime rate for any work required to be performed on the
sixth and seventh day following commencement of the workweek.
5.5.4 An employee whose regular assigned workday is less than four hours per day shall be
compensated at the overtime rate for any work required to be performed on the seventh day
following the commencement of the employee's workweek.
Shift Differentials
5.6 An employee whose regular assigned workday includes four or more hours of work beyond
5 p.m. shall receive differential pay of five percent of the employee's regular pay rate
for all hours worked. An employee whose regular assigned workday includes four or more hours
of work beyond 9 p.m. shall receive differential pay of seven and one-half percent of the
employee's regular pay rate for all hours worked. An employee whose regular assigned workday
includes four or more hours of work between midnight and 8 a.m. shall receive differential
pay of 10 percent of the employee's regular pay rate for all hours worked. An employee who
receives a differential shall suffer no reduction in pay, including differential, when
assigned temporarily to a day shift.
Split Shift Differential
5.7 Employees whose assigned shift contains one or more periods of unpaid time whose total
exceeds one hour shall be paid a shift differential premium of two and one-half percent above
the regular rate of pay for all hours worked.
Compensatory Time Off
5.8 An employee may elect to receive compensatory time off in lieu of pay for overtime
worked. The compensatory time off must be taken at a time mutually agreed to by the employee
and the District. In the event the employee is given compensatory time off in lieu of cash
compensation, the compensatory time off must be taken within 12 calendar months in which it
was earned and without impairing the services rendered by the employing district. Any earned
compensatory time not taken off before the 12-calendar-month period concludes shall be paid by
the District at the appropriate rate of pay.
5.8.1 An employee who has earned and intends to use compensatory time shall first submit a
request in writing to the immediate supervisor at least one week in advance of the day on
which the compensatory time off is intended to be taken.
5.8.2 Compensatory time off shall be granted at the rate of time and one-half of the regular
rate of pay.
Call In & On-Call Time
5.9 If an employee is called in to work on a day that the employee is not regularly
scheduled to work, the employee shall receive compensation for the actual time worked, or for
four hours of work, whichever is greater, at the appropriate rate of pay.
5.9.1 If an employee is required by the employee's manager to be in on-call status, the
employee shall be paid for one hour of work per on-call day at the overtime rate for each
four hours of on-call status. If an on-call employee is called in, the employee shall be
compensated as provided by paragraph 5.9 in lieu of on-call pay. If an on-call employee
responds to a call and resolves the problem over the telephone or on-line, the employee shall
be compensated for the actual time worked, or for one hour of work, whichever is greater, at
the appropriate rate of pay.
5.9.2 The employee shall be released to leave the work place immediately following completion
of the assignment for which the employee was called in.
Call Back
5.10 If an employee is called back to work (i.e., is required to return to the work place
after having been released from the regular work schedule for the workday), the employee shall
receive compensation for the actual time worked, or for four hours of work, whichever is
greater, at the appropriate rate of pay. The employee shall be released to leave the work
place immediately following completion of the assignment for which the employee was required
to report back to work a second time on the same workday.
Early Reporting
5.11 If an employee is required to report to work prior to the beginning of the employee's
regular work shift for that workday, and the work assignment continues directly into the
employee's regular work shift for that workday, the employee shall receive compensation for
the actual time worked at the appropriate rate of pay. If the employee is required to report
to work two or more hours before the employee's regular starting time, the employee shall
receive compensation for the actual time worked, or for four hours of work, whichever is
greater, at the appropriate rate of pay.
Employee Status Notice
5.12 Upon initial employment and any subsequent change of classification, each employee shall
be furnished with an Employee Status Notice by the District. The notice shall specify the
employee's classification description, the assigned work location, hours per day, days per
week, and months per year, and the regular monthly salary range for the position
classification.
Campus/Center Closures
5.13 If a campus/center is closed as a result of a declared emergency, affected employees
shall be released from duty at the time of the closure. Affected employees shall be
compensated for the day or days of closure as if there had been no closure.
5.13.1 If the closure is announced prior to the beginning of an employee's regular
workday and the employee is called in to work, the employee shall receive compensation in
addition to regular pay for the workday for the actual time worked, or for four hours of work,
whichever is greater.
5.13.2 If the closure is implemented following the beginning of an employee's regular
workday and the employee is requested to remain at work, the employee shall receive
compensation as provided by paragraph 5.13.3.
5.13.3 An employee may opt to leave campus at any time if the employee's family or
personal property is in danger.
5.13.4 Compensation for all time worked following a campus/center closure shall be at one
and one-half times the employee's hourly rate of pay for all hours worked up to eight hours
and two times the employee's hourly rate of pay for all hours worked beyond eight hours.
Campus Police Officer Workweek Provisions
5.14 The workweek for each Officer shall consist of 40 hours. The workday for each Officer
shall be scheduled as determined by the District. Each Officer shall be scheduled to work on
a designated shift with a regular starting and ending time. Except in an emergency, an
Officer's schedule shall not be changed without three days' prior notice.
5.14.1 When an Officer is subpoenaed and appears in court on behalf of the District on
any day that the Officer is not otherwise on duty, the Officer shall receive appearance time
pay for four hours (or the actual appearance time, whichever is greater) at the appropriate
rate of pay.
5.14.2 When an Officer is subpoenaed to appear in court on behalf of the District on any
day that the Officer is not otherwise on duty and is placed on "stand-by (on-call)" status for
the appearance by an authorized official of the court, the Officer shall receive stand-by
(on-call) pay for the hours at the officer's regular (non-overtime) rate of pay, to a maximum
of eight hours for the day. If the Officer appears in court, compensation for the day shall
be calculated based on actual appearance time (minimum four hours) and stand-by (on-call)
time, up to a total of eight hours for the day.
5.14.3 When an Officer is assigned to firearms qualification on off-duty time, the
Officer shall be compensated for two hours of work at the appropriate rate of pay.
5.14.4 Shift and principal campus/center assignments may be rotated as determined by the
District. The District will inform the affected Officer and CCCUE of any shift or assignment
rotation at least 10 days in advance. When an Officer is rotated to a different campus/center,
the Officer shall be paid for miles driven to the new work site that are in excess of the
mileage traveled to the prior work site from the Officer's home at the time that the rotation
was implemented.
5.14.5 The provisions of paragraphs 5.2, 5.7, and 5.13 of this Agreement do not apply to
an employee who is employed as a Campus Police Officer.
6.1 An employee who is on a paid leave of absence, unless otherwise provided herein,
shall receive wages, fringe benefit contributions, and accrual of seniority as if the employee
was on regular duty status. An employee who is granted an unpaid leave during any pay period
shall receive their fringe benefit contribution for the balance of the monthly pay period.
Thereafter, an employee who elects to continue the Health and Welfare benefits beyond the
period of the District's contributions may do so provided that the terms of the insurance
plan or program allow the practice and the employee makes payments directly to the District
on a schedule established by the District.
6.2 A part-time employee shall be entitled to leaves of absence in the ratio of the
employee's regular assigned time to an eight-hours-per-day, five-days-per-week, 12-month
employee.
6.3 An employee who is absent from work other than for those periods as authorized by the
leave provisions of this Agreement is taking an unauthorized absence in violation of this
Agreement. The District will deduct a salary amount equal to the ratio of days absent to the
days of required annual service for any such unauthorized absences. Any employee who is
absent from work without authorized leave, or who fails to return to work as scheduled, shall
be subject to disciplinary action.
Sick Leave
6.4 An employee shall be entitled to utilize sick leave for illness or injury. A 12-month
employee shall be entitled to 12 days leave of absence with pay for personal injury or illness
for each complete fiscal year of service. Sick leave earned but not taken is cumulative from
year to year.
6.4.1 An employee shall not be eligible to take more than six days or the proportionate amount
to which the employee may be entitled until the first day of the calendar month immediately
succeeding completion of six months of employment.
6.4.2 The District may require a statement from the employee's physician verifying that the
absence is due to illness or injury. Unless the employee has been absent for three or more
days, the verification will be at the District's expense.
6.4.3 Female employees shall be entitled to utilize sick leave for the period of time required
to be absent due to pregnancy or childbirth. The period of leave, including the date upon
which the leave shall begin, shall be determined by the employee and her doctor. A statement
from the employee's doctor as to the beginning date of the leave shall be filed with the
Employer. The date of the employee's return to service shall be based upon her doctor's
analysis.
6.4.4 An employee may transfer sick leave earned as a classified employee of another community
college district, school district, or county superintendent of schools pursuant to the
provisions of Education Code section 88202.
6.4.5 After all earned sick leave at full pay as provided herein has been used, and additional
absence due to illness or injury is necessary, the employee shall use accumulated compensating
time, vacation, or other available paid leave. Once all leave at full pay has been exhausted,
and additional absence due to illness or injury is necessary, the employee shall receive the
regular rate of pay less the amount actually paid to a substitute employee.
6.4.5.1 A maximum of five months shall be provided for this purpose. The five-month
period is inclusive of the employee's current year entitlement to sick leave as well as the
employee's accrued sick leave.
6.4.5.2 The five-month period is not cumulative and only one entitlement may be utilized
within the school year. In the event that the employee's illness continues into the following
school year, the employee may utilize only the number of days which, when added to the days
utilized in the prior school year, totals five months.
6.5 Subject to the approval of the District, employees may be granted two days leave without
loss of pay in the event of the serious illness of a member of the immediate family. Such
time will be deducted from the employee's regular sick leave allowance.
6.6 An employee who retires from the district into the California Public Employees'
Retirement System ("CalPERS") may convert unused sick leave at the time of retirement up to
two month's salary. The employee must have worked for the District for at least 10 years at
the time of retirement and must not be eligible for the conversion of unused sick leave to
CalPERS service credit. CCCUE understands and agrees that the District may determine to leave
the position open for up to 60 calendar days prior to posting and filling it with a
replacement.
Personal Necessity Leave
6.7 Up to seven days of the leave earned pursuant to paragraph 6.4 may be utilized by an
employee in case of personal necessity, for the following reasons:
6.7.1 Death of a member of the employee's immediate family when additional leave is required
beyond that provided for bereavement leave.
6.7.2 Accident involving the employee's person or property, or the person or property of a
member of the employee's immediate family.
6.7.3 Appearance in court or before an administrative tribunal as a litigant, party, or
witness, other than cases against the District, under subpoena or any order made with
jurisdiction, except that personal necessity leave shall not be provided for employee
organization related activities.
6.7.4 Adoption of a child or child care immediately following adoption.
6.7.5 Other circumstances of a serious nature that the employee cannot be expected to
disregard and that cannot be accommodated at a time other than during the employee's regular
assigned hours of work subject to the approval of the Superintendent/President or
designee.
6.7.6 Personal business absence shall not exceed four days per year and shall be charged to
sick leave as part of the personal necessity provisions.
6.7.7 Days of absence provided by paragraph 6.7, inclusive, shall not be cumulative.
Parental Leave
6.8 In the event an employee desires an unpaid leave of absence for preparation for the
birth of a child, adoption of a child, or for continued child care after birth or adoption,
the employee may apply for the leave by submitting a written request to the Employer. Such
leave shall be granted at the discretion of the Employer and shall be considered as unrelated
to any possible disability of the employee. The time allowed for the leave shall be based
upon the needs of the Employer. In determining such needs, consideration may be given to such
aspects as time of the school year, the availability of qualified substitute personnel, the
specialized requirements of the individual students, and the Employer's program in
general.
Family Care and Medical Leave
6.9 An employee shall be eligible for Family Medical Leave Act benefits pursuant to State
and Federal law. In order to be granted leave benefits pursuant to this paragraph, the
employee must have been employed by the District for one calendar year and must have served
in at least 60 percent of a regular full-time assignment.
6.9.1 The reason for the leave itself must satisfy the statutory requirements. In addition,
the leave may be utilized to care for an employee's child, spouse, or parent as provided by
the statute. Leave benefits that are granted pursuant to this paragraph run concurrent with
other sick leave benefits.
6.9.2 In cases of financial hardship, a qualifying employee may request that the District
extend the District's contributions set forth in ARTICLE IV, HEALTH AND WELFARE BENEFITS,
paragraph 4.1, for up to 12 weeks following exhaustion of the employee's extended sick
leave.
Catastrophic Leave
6.10 Catastrophic leave may be available to an employee as set forth herein pursuant to the
provisions of Education Code section 87045. Catastrophic leave shall consist of the amount of
sick leave credit, vacation time, or compensatory time off credits that are donated to the
affected employee by other employees.
6.10.1 Donations of sick leave credits shall be made in blocks that are equivalent to
one day of leave for the donating employee. An employee who donates sick leave credits shall
be required to have a sick leave balance equivalent to five days
(e.g., full-time employee = 40 hours) following the donation.
6.10.2 Donations of vacation time or compensatory time off credits shall be made in
blocks of not less than two hours per donating employee.
6.10.3 For the purpose of calculating credits for an employee who receives catastrophic
pay, the following shall apply:
6.10.3.1 If the employee who donates eligible vacation or compensatory time off credits is
at a different salary rate than the employee who receives the credits, the formula to be used
shall be: Donating employee's hourly rate multiplied by number of hours donated equals
$X; $X divided by receiving employee's hourly rate equals the number of catastrophic leave
hours available to receiving employee.
Example: Donating employee - Secretary (rate $9.74 per hour) donates eight hours:
$9.74 x 8 = $77.92;
Receiving employee - Clerk (rate $7.28 per hour) will be entitled to: $77.92 ¸
$7.28 = 10.70 hours of catastrophic leave credits.
6.10.3.2 If the employee or employees who donate eligible time credits are at the same
salary rate as the employee who receives the credits, the receiving employee shall be credited
with the number of hours donated.
6.10.3.3 The receipt of donated time credits under this program shall not serve to extend
or modify the terms or limitations of paragraph 6.4.5, inclusive.
6.10.4 The employee shall fill out an application form for catastrophic leave pay credits
and shall attach a written statement and verification from a licensed physician or
practitioner indicating the nature and extent of the illness or injury, the probable length
of absence from work, and a statement that the employee is medically unable to work due to
the illness or injury. Where the application is based on the catastrophic illness or injury
of a member of the employee's immediate family, all required medical information, statements,
and verifications shall be related to the affected family member. In addition, the employee
shall attach a written statement indicating the circumstances that require the employee's
absence from work.
6.10.5 The term "catastrophic illness or injury" shall be defined as set forth in
Education Code section 87045(a)(1) which states:
"'Catastrophic illness' or 'injury' means an illness or injury that is expected to
incapacitate the employee for an extended period of time, or that incapacitates a member of
the employee's family which incapacity requires the employee to take time off from work for
an extended period of time to care for the family member, and taking extended time off work
creates a financial hardship for the employee because he or she has exhausted all of his or
her sick leave and other paid time off."
Industrial Accident or Industrial Illness Leave
6.11 A permanent employee of the District may receive an industrial accident or illness
leave as provided by this paragraph. With regard to an employee who is employed as a Campus
Police Officer, disability leave is for a period of up to one calendar year as set forth in
Labor Code sections 4850 through 4856.
6.11.1 Such leave shall be for a maximum of 60 workdays in any one fiscal year for the
same accident or illness. In the event that the 60 days overlap into the next fiscal year,
the employee shall be entitled to only those days remaining at the end of the fiscal year in
which the accident or illness occurred for that accident or illness.
6.11.2 During the period of absence, the employee shall endorse to the District wage loss
benefit checks received under state workers' compensation laws. The District, in turn, shall
issue the employee appropriate warrants for full payment of salary and shall make normal
payroll deductions.
6.11.3 Industrial accident or illness leave will commence on the first day of absence.
6.11.4 Industrial accident leave will be reduced by one day for each day of authorized
absence regardless of a compensation award made under workers' compensation.
6.11.5 If an employee leaves the State of California without prior approval from the
District, the employee's status on industrial accident or illness leave shall be suspended
and the employee shall be placed on unauthorized absence for the period of time that the
employee is out of state.
6.11.6 If the employee is not medically able to resume the normal duties of the position
at the expiration of all leaves available, the employee's name shall be placed on a
re-employment list for a period of 39 months. If the employee is medically recovered and
available during the 39-month period, the employee shall be employed in any vacant position
in the employee's previous classification over all other candidates, except for those on a
re-employment list established because of lack of work or lack of funds, in which case the
employee shall be listed in accordance with appropriate seniority.
6.11.7 The industrial accident or illness leave of absence is to be used in lieu of
entitlement of regular sick leave. When entitlement to industrial accident or illness leave
has been exhausted, entitlement to other sick leave will then be used; but if an employee is
receiving workers' compensation, the employee shall be entitled to use only so much of the
accumulated or available sick leave, accumulated compensating time, vacation, or other
available leave, which when added to the workers' compensation award, provide for a full
day's wage or salary.
6.11.8 Periods of leave of absence, paid or unpaid, shall not be considered to be a
break in service of the employee under these provisions.
Bereavement Leave
6.12 Bereavement leave with pay, not to exceed three days per occurrence, or five days if
travel one way of 200 miles or out-of-state travel is required, will be allowed employees for
death in the immediate family.
Jury Duty and Court Appearances
6.13 Leaves of absence for jury duty or for court appearances as a witness, pursuant to
subpoena, will be granted with pay up to the difference between the employee's regular pay
and any amount the employee receives as jury duty pay or the employee's regular pay and any
amount the employee receives as jury duty pay or witness fee exclusive of any travel allowance
which might be paid. Any appearance as a defendant in a criminal proceeding shall be without
pay.
Military Leave
6.14 Military Leave of absence shall be granted pursuant to the provisions of the Military
and Veterans' Code. Such leave must be verified by a copy of the military orders requiring
the military service.
Leaves of Absence Without Pay
6.15 The Superintendent/President or designee may grant a leave of absence without pay for a
period not to exceed one calendar month per year. A request for a leave of absence without
pay for a period of more than one month must be made to the Board of Trustees. An employee
shall not earn vacation or sick leave while on leave of absence without pay.
7.1 Vacation shall be earned from an employee's first date of paid service. An
employee earns vacation time on the basis of the employee's regular assigned hours per day
(including holidays and paid leaves, but excluding overtime) at the following rates:
Date of hire through four completed years: 10 days per academic year (.03846 hour per hour)
Five years through nine completed years: 15 days per academic year (.05769 hour per hour)
Ten years or longer: 20 days per academic year (.07692 hour per hour)
7.2 Pay for an employee's vacation time shall be the same as the employee would have
received had the employee been in the normally assigned work shift, excluding any
overtime.
7.2.1 Earned vacation time shall not become a vested right until completion of six months of
employment.
7.2.2 Upon separation from service, an employee shall be entitled to a lump-sum compensation
for vested, earned but unused vacation time. If an employee had been granted vacation time
which had not been earned, the District shall deduct the full amount of salary which was paid
for the unearned time from the employee's final pay warrant.
Scheduling Vacation Time
7.3 Every effort will be made to grant an employee's vacation request at a time that is
acceptable to the supervisor and the employee consistent with the operational needs of the
department.
7.3.1 If there is a conflict between employees who are working in the same department as to
when vacations shall be taken, the employee with the greatest seniority shall be given
preference on a rotating basis.
7.3.2 An employee may be granted vacation time during the academic year even though the full
amount of vacation time has not been earned at the time the vacation is taken.
7.3.3 If the District determines that it is necessary to change a previously scheduled and
approved vacation and does not provide two weeks' notice of the change, the affected employee
will be compensated at the overtime rate for all hours worked during the previously scheduled
vacation period. Compensation may be in the form of compensatory time off.
Vacation Time Carry Over
7.4 At the beginning of any fiscal year, an employee's vacation time balance shall be not
more than two years of earned vacation time or the District, at its option, will schedule the
employee off work or pay the employee for the excess vacation time.
Miscellaneous Provisions
7.5 A permanent employee may be permitted to interrupt or terminate vacation in order to
begin another type of paid leave provided by this Agreement without return to active service,
provided the employee supplies notice and acceptable supporting information regarding the
basis for such interruption or termination.
7.6 Holidays which occur during the employee's vacation shall not be charged as vacation days.
8.1 Employer agrees to provide eligible employees with the following paid holidays:
9.1 The Employer shall determine when a vacant position in the bargaining unit exists
and when a vacant position shall be filled.
Notice of Vacant Position
9.2 Upon the determination that a vacant position shall be filled, the Employer shall post
appropriate notices on bulletin boards normally used for such purposes. The notice shall be
posted for not less than five workdays.
9.2.1 The notice shall include: the job title, a brief description of the position and
duties, required minimum qualifications, job location, the number of hours per day, the
regular hours of work, days per week and months per year, the salary range, and the deadline
for filing an application.
9.2.2 A copy of the notice shall be sent to any employee on a scheduled vacation (or a leave
of absence of more than one week's duration) who has filed a written request with the Human
Resources Office.
9.2.3 Any employee may file for a posted vacancy by submitting a written application with the
Human Resources Office within the filing period.
Consideration Process
9.3 Applications are reviewed by Human Resources. Each applicant may attach materials to
the application that the person wishes to have considered during the review process. After
applications have been filed and the determination has been made as to which applications,
if any, fulfill the posted requisite qualifications, the applications shall be grouped as to
(1) lateral transfers (same campus/center or other campus/center), (2) other District
employees, and (3) non-employee applicants. All employee applicants who meet the posted
requirements are interviewed and rated by a screening committee.
9.3.1 The screening committee will review and consider each applicant's qualifications. The
screening committee for each position shall be established by Human Resources and shall
include, at a minimum, the affected manager and a member appointed by CCCUE. Criteria for the
determination of qualifications are an applicant's training, experience, previous job
performance, and the materials attached to the applications as these factors relate to the
posted requisite qualifications.
9.3.2 After the screening committee reviews the applicants, the vacancy will be filled in the
following order:
9.3.2.1 If the best qualified applicant is an employee for which the position constitutes
a lateral transfer, the transfer shall be made. If two or more applicants for a lateral
transfer are equally qualified, the most senior employee shall receive the position.
9.3.2.2 If the best qualified applicant is another District employee, the employee shall
be placed in the position. Placement will be made pursuant to this paragraph only if the
applicant is demonstrably superior to an applicant for a lateral transfer based on the
criteria set forth in paragraph 9.3.1. If two or more other District employees are equally
qualified, the most senior employee shall receive the position.
9.3.2.3 A non-employee applicant would be selected to fill the original vacant position
only if the applicant is demonstrably superior to all employee applicants based on the
criteria set forth in paragraph 9.3.1.
9.3.3 An employee who is not selected to fill a vacant position may request a written
explanation of the reason or reasons that the employee was not selected. The request must be
made to Human Resources in writing within 10 days of the date the position was filled. A
response will be provided within 10 days of the request.
Reassignments
9.4 A reassignment may be made based on the needs of the students, changes in enrollment, or
workload that necessitate reallocation of staff, or improved efficiency of District
operations.
9.4.1 Except in the case of a business necessity, an employee who is to be reassigned shall be
given written notice at least 30 days in advance of the effective date. The notice shall set
forth the basis and reasons for the reassignment.
9.4.1.1 The District shall notify CCCUE of any reassignment within the bargaining unit
concurrent with notice to the employee. The District will meet and consult with CCCUE on
request.
9.4.2 Where a reassignment may be satisfied by the movement of more than one employee in the
affected job classification, the District shall seek volunteers from the ranks of the affected
employees.
9.4.2.1 If there is a volunteer from the affected classification, the volunteer shall be
reassigned. If there are two or more volunteers, the most senior employee shall be
reassigned.
9.4.2.2 If there are no volunteers, the least senior employee in the affected job
classification shall be reassigned.
9.4.3 An employee who has been reassigned shall not be subject to a subsequent reassignment
for a period of two years, except as the result of a less than satisfactory performance
evaluation or a loss of the funding source.
9.4.4 An employee who has been reassigned shall have the right of first refusal to return to
the former work location if a position in the employee's job classification is declared as a
vacancy by the District. If more than one employee holds return rights concurrently, the
order of seniority shall prevail.
9.4.5 An involuntary reassignment that results in additional travel for an employee beyond the
number of miles traveled prior to the reassignment shall receive mileage for travel at the
Internal Revenue Service rate.
9.4.5.1 Mileage shall be paid for miles in excess of miles traveled at the time that the
reassignment is made.
9.4.5.2 An affected employee shall receive mileage for a maximum of 24 consecutive months.
9.4.6 The provisions of paragraphs 9.4.2, 9.4.2.1, and 9.4.2.2 shall not apply when an entire
division/department is moved to a new work location.
Trial Period
9.5 An employee who has been placed in a vacant position by operation of paragraph 9.3.2.1
or paragraph 9.3.2.2 shall serve a 90-day trial period in the new classification.
9.5.1 A trial period evaluation of work performance shall be made consistent with the
procedures set forth in ARTICLE X, EVALUATION PROCEDURES. If, as a result of the evaluation,
the District determines that the employee has not successfully served in the new position
during the trial period, or if the employee requests to return to the prior position during
the trial period, the employee shall be reverted to the prior position. The trial period
evaluation shall not be utilized for any other purpose.
9.5.2 Any reversion made during the trial period may result in the bumping, displacement, or
layoff, or subsequent reversion of another employee or employees to a position held prior to
the initial action on the vacancy.
10.1 Each permanent employee shall have a formal written evaluation at least once in
each two-year period of service. The evaluation shall be made on the District Evaluation
Form. The evaluator shall be the employee's immediate supervisor unless a different evaluator
is designated by the appropriate manager. For the 1998-1999 academic year, each evaluator
shall designate one-half of the permanent classified staff for an even-year evaluation cycle.
The second half of the staff shall be designated for an odd-year evaluation cycle commencing
with the 1999-2000 academic year. Each employee shall be evaluated in the 10th, 15th, and
20th year of service in order to determine eligibility for a longevity step as provided by
ARTICLE III, SALARY, paragraph 3.5, inclusive.
10.1.1 The evaluation shall be based upon the evaluator's observations of the employee's
job performance as well as the other criteria contained on the District Evaluation Form.
10.1.2 Nothing contained in this Article shall preclude the District from initiating an
off-cycle evaluation.
10.1.3 In the event a permanent employee's overall evaluation rates the employee's
performance lower than "Meets Expectations," the evaluator shall describe the specific area or
areas of less than satisfactory performance either in the evaluation or in a separate
document.
10.1.3.1 Following the employee's receipt of the evaluation, the evaluator shall meet with
the employee or, if requested by the employee, with the employee and a representative and
shall make specific recommendations as to areas of improvement in the employee's
performance.
10.1.3.2 The employee and the evaluator shall develop a Plan of Improvement that is
designed to alleviate the identified performance deficiencies. The Plan shall include:
11.1 Materials in District personnel files which may serve as a basis for affecting an
employee's employment status shall be available for inspection by the employee or by a
representative designated in writing by the employee. Ratings, reports, or records which were
obtained prior to the employment of the employee or as otherwise excluded by law shall be
excluded from review by the employee or the employee's representative.
11.1.1 An employee may inspect the personnel file upon request, provided that the request
and the inspection are made at a time when the employee is not required to render service to
the District.
11.1.2 The Human Resources Office shall maintain a log that indicates the name of any
person who has examined a personnel file, as well as the date of any examination.
11.2 Information of a derogatory nature, except information contained in an employee's
evaluation and information excluded from review by the employee pursuant to paragraph 11.1,
shall not be entered or filed in the employee's personnel file, unless and until the employee
is given notice and the opportunity to review and comment thereon. With regard to the
placement of an adverse comment or comments in the personnel file of an employee who is
employed as a Campus Police Officer, the process is set forth in the Public Safety Officers
Procedural Bill of Rights Act (Government Code sections 3300 through 3311).
11.2.1 The review shall take place during normal business hours and the employee shall be
released from duty for this purpose without salary reduction.
11.2.2 An employee shall have the right to enter and have attached to any derogatory
statement, the employee's own comments thereon within 10 days of notification.
11.3 The contents of an employee's personnel file shall be kept in the strictest confidence
pursuant to the appropriate provisions of the Education Code and the Government Code.
11.4 While a grievance may be filed or considered regarding a violation of the procedural
steps of this Article, the substance of materials contained in any personnel file shall not
be subject to the grievance procedure.
11.5 The personnel files of each employee shall be maintained at the District Human Resources
Office.
12.1 Discipline shall be imposed upon a permanent classified employee pursuant to the
terms of this Article. With regard to disciplinary action against an employee who is employed
as a Campus Police Officer, the discipline process is set forth in the Public Safety Officers
Procedural Bill of Rights Act (Government Code sections 3300 through 3311) except that an
administrative appeal of the discipline shall be processed pursuant to paragraph 12.4.1 or
12.4.2.
12.1.1 Disciplinary action shall be for just cause and shall be administered in
accordance with the provisions of this Article. The level of severity of discipline should be
reasonably related to the nature of the offense committed by the employee and should take into
account any prior disciplinary action imposed on the employee.
12.1.2 Specifically excluded from the provisions and procedures of this Article are
actions taken by the District as part of the process of evaluation of an employee's work
performance pursuant to the provisions of ARTICLE X, EVALUATION PROCEDURES, except when the
District imposes disciplinary action following a written evaluation that denotes a performance
deficiency or deficiencies, or that are related to the placement of materials in the
District's personnel file pursuant to the provisions of ARTICLE XI, PERSONNEL FILES.
12.1.3 No disciplinary action shall be taken for any cause that arose prior to the
employee becoming permanent or for any cause that arose more than two years preceding the date
of the notice of disciplinary action unless the cause was concealed or not disclosed by the
employee when it reasonably could be assumed that the employee should have disclosed the
facts to the District.
Pre-Discipline Investigation
12.2 Any recommendation or request for disciplinary action shall be brought to the attention
of the Superintendent/President or designee. The Superintendent/President or designee shall
investigate the matter. As a part of the investigation process, the Superintendent/President
or designee shall hold an informal meeting with the employee or, if requested by the employee,
with the employee and a representative within seven days of notification to the employee that
the matter has been brought to the Superintendent/President's attention. For the purposes of
this Article, the designee of the Superintendent/President shall be a Vice President or the
Director of Human Resources.
12.2.1 Prior to the meeting, the employee shall be notified in writing of the nature of
the allegations. Except in an emergency situation, the written notification shall be made one
day in advance of the meeting. The employee shall be informed of the right to be accompanied
to the meeting by a CCCUE representative. If the employee elects not to be represented by
CCCUE, the employee shall sign a statement to that effect. A copy of the statement shall be
sent to CCCUE within five days of being signed. During the meeting, the employee shall be
given an opportunity to respond and to comment on the proposed disposition.
12.2.2 At the request of the employee, a preliminary investigative determination shall be
issued. The employee may authorize CCCUE to request that the issue be referred to a special
session of the Joint Labor Management Committee for discussion. The request must be made
within two days of the issuance of the preliminary determination.
Notice of Discipline
12.3 Within 10 days of the conclusion of the investigation or within five days of the meeting
of the JLMC whichever is sooner, the Superintendent/President or designee shall give the
employee a written Notice of Proposed Disciplinary Action ("Notice").
12.3.1 The Notice shall contain a statement in ordinary and concise language of the
specific acts and omissions upon which the disciplinary action is based, a statement of the
cause for the action taken, and if it is claimed that an employee has violated a rule or
regulation of the District, the rule or regulation shall be set forth in the Notice. Any
other documents relied upon by the District to support the proposed discipline shall either
be attached or otherwise made available to the employee.
12.3.2 The Notice shall be personally served upon the employee and shall be signed for
and dated upon receipt, or it shall be sent by United States certified mail, return receipt
requested, addressed to the employee at his or her last known address. The Notice may
additionally be sent by United States first class mail. Where the employee has utilized the
services of a CCCUE representative or an attorney during the investigation, the representative
shall also be sent a copy of the Notice.
12.3.3 The Notice shall inform the employee of the right to demand a meeting with the
Superintendent/President (designee) or to respond in writing to the Superintendent/ President
(designee), or both, which response shall be not less than seven days after receipt of the
Notice, unless the employee and the District agree to meet at a different time because of
exceptional circumstances.
12.3.4 Following the meeting or receipt of the response, and if the
Superintendent/President (designee) determines that it is appropriate to proceed with the
discipline recommendation, the employee shall be given Notice at the same time that Notice of
the recommendation is given to the Board. The Notice shall also contain a form, the signing
and filing of which shall constitute a demand for hearing and denial of all charges.
The Hearing Request Form shall be filed no later than seven days after the employee receives
the Notice of recommendation to the Board. Failure to file the demand for a hearing as set
forth in the Notice shall constitute a waiver of the right to a hearing and the discipline
shall be final.
Appeal of Disciplinary Action
12.4 If the employee files the demand and denial, the following shall apply:
12.4.1 If the employee is represented by CCCUE, the hearing shall be before an arbitrator
selected pursuant to the provisions of ARTICLE XVII, GRIEVANCE PROCEDURE, paragraph 17.9 at
the election of CCCUE.
12.4.1.1 CCCUE shall have five days from receipt of the notice to inform the District of
its election to proceed before an arbitrator.
12.4.1.2 The arbitrator shall hold a hearing and shall issue written findings of fact,
conclusions, and an advisory recommendation to the Board of Trustees.
12.4.1.3 Thereafter, the Board shall consider the arbitrator's findings, conclusions, and
recommendation and shall make a final determination on the disciplinary action. The employee
will be provided an opportunity to address the Board prior to the Board's determination.
12.4.1.4 The District and CCCUE shall share the per diem and expense costs of the
arbitrator. Each party shall bear all other costs of its own case.
12.4.2 If the employee elected not to be represented as set forth in paragraph 12.2.1,
or if CCCUE does not elect to proceed before an arbitrator, the hearing shall be conducted by
the Board of Trustees or, at the sole discretion of the Board, it may delegate the evidentiary
hearing function to a hearing officer pursuant to the following:
12.4.2.1 Five days prior to the hearing, each party shall serve upon the other party and
submit to the Board (hearing officer) a list of all witnesses and all exhibits. Failure to
submit the name of a witness or to list an exhibit may result in the witness or exhibit being
excluded, unless good cause can be shown. This provision does not apply to rebuttal witnesses
or evidence.
12.4.2.2 The employee shall appear personally, unless physically unable to do so, before
the Board (hearing officer) at the time and place of the hearing. The employee may be
represented by any person the employee selects, except any supervisor of the employee. At the
hearing, the employee may produce relevant or documentary evidence on the employee's
behalf.
12.4.2.3 Oral evidence will be taken only on oath or affirmation.
12.4.2.4 Each party will have the following rights: to call and examine witnesses; to
introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues
even though the matter was not covered in the direct examination; to impeach any witness
regardless of which party first called the witness to testify; and to rebut the evidence
against the employee. If the employee does not testify in the employee's own behalf, the
employee may nevertheless be called and examined as if under cross-examination.
12.4.2.5 The hearing need not be conducted according to the technical rules of evidence.
Hearsay evidence may be used for the purpose of supplementing or explaining any direct
evidence, but will not be sufficient in itself to support a finding, unless it would be
admissible over objection to the same extent that it is now or hereafter may be recognized in
civil actions. The Board member who chairs the hearing, or the hearing officer if one is
utilized, shall rule on all objections raised by either party.
12.4.2.6 The hearing will be recorded by use of a certified shorthand reporter ("CSR").
The District shall pay for the cost of the CSR. The employee shall pay for any copy or copies
ordered from the CSR for the employee's use. The District and the employee may tape record
the proceeding.
12.4.2.7 The hearing will be closed to the general public unless the employee requests that
the hearing be open.
12.4.2.8 The District will not pay employee-witnesses who are called other than on working
hours. So that arrangements can be made for an employee-witness to be released from duty
without causing interference to the normal operations of the District, the employee must
submit an estimate of the time that the testimony will take and specify the department and the
name of the affected supervisor at the time that the witness list is submitted.
12.4.2.9 In reaching a decision, the Board (hearing officer) may take official notice of
any matter that may be judicially noticed by the courts of this State. Parties present at
the hearing will be informed of the matters to be noticed and those matters will be noted in
or appended to the record. Any party will be given reasonable opportunity on request to
refute the officially noticed matters by evidence or by written or oral presentation of
authority, with the specific matter to be determined by the Board member who chairs the
hearing or the hearing officer.
12.4.2.10 The Board member who chairs the hearing or the hearing officer will require the
maintenance of order in the hearing room, may order the exclusion of witnesses, and may expel
anyone who disturbs the hearing.
12.4.2.11 The order of proof in the hearing shall be as follows:
12.4.2.11.1 The District shall first present evidence in support of its case;
12.4.2.11.2 The employee or the employee's representative will produce such evidence as the
employee may wish to offer in the employee's defense or in rebuttal of the District's
case;
12.4.2.11.3 The District may present evidence in rebuttal.
12.4.2.12 The District carries the ultimate burden of proof which is a preponderance of the
evidence.
12.4.2.13 In the event that the case is heard by a hearing officer, the hearing officer
shall make a proposed decision with findings of fact and conclusions about the appropriate
level of discipline. The proposed decision will be submitted to the Board. The Board will
determine whether to affirm, reject, or modify the disciplinary action proposed by the
hearing officer. If the Board determines to reject or modify the proposed decision, it must
conduct its own fair and independent review of the administrative record. The Board's
determination shall be final.
12.4.2.14 In the event that the case is heard by the Board, the Board's decision shall be
in writing and shall set forth the findings of fact, conclusions, and reasons for the Board's
determination. The Board's decision shall be final.
12.4.2.15 If the Board either modifies or rejects the discipline, the employee's personnel
records shall be adjusted to reflect the Board's decision.
Miscellaneous Provisions
12.5 When the Superintendent/President or designee determines that the needs of the District
so require, an employee may be suspended immediately on an emergency basis prior to the
completion of the procedures set forth in paragraphs 12.3 through 12.4. Any proposed
suspension of an employee, except an immediate suspension made pursuant to this paragraph or
the laws of the State of California or the United States of America, shall be stayed until
completion of the hearing process if the proposed suspension is challenged. In that case,
the suspension and any denial of compensation shall be an issue in the hearing before the
Board or arbitrator, if one is requested by the employee.
12.6 All information and proceedings regarding any of the above actions or proposed actions
shall be kept as confidential as possible by all parties to the proceeding. The notification
to the employee and to the employee's representative as set forth in paragraphs 12.3.1
and 12.3.2 shall not be considered a violation of the terms of this paragraph. CCCUE shall
receive a written summary of the disposition of any disciplinary action where CCCUE did not
represent the employee, if the employee authorizes the release of information.
12.7 Nothing contained within this procedure shall be interpreted to deny an employee the
right to seek judicial review of a disciplinary action following the completion of the
procedures contained in this Article.
13.1 CCCUE shall have reasonable use of facilities, including bulletin boards.
13.1.1 Pursuant to Civic Center Act requirements, submission of a written request and
approval of the Employer or designated representative shall be required for the use of all
buildings or rooms. The CCCUE President or designee shall make written requests for use of
facilities.
13.1.2 Reasonable use of District equipment may be provided. A reasonable charge may be
assessed CCCUE for the duplicating of public documents and/or CCCUE materials.
Notices of CCCUE Activities
13.2 CCCUE may post notice of activities and matters of organization business on up to four
bulletin boards designated in advance by CCCUE. CCCUE may utilize employees' mailboxes for
communication with its members and other employees. CCCUE shall be responsible for
transporting the communications to and placing them in the mailboxes.
Access to District Employees
13.3 District employees who are authorized representatives of CCCUE shall be permitted
access to areas in which employees work in order to transact official business at times when
the employees are not rendering services to the District. Classified representatives shall
notify their supervisors prior to leaving their job site when conducting CCCUE business.
13.3.1 CCCUE representatives, other than District employees, shall check in at the
District Human Resources Office prior to contacting any District employees when coming on
campus to conduct official business.
13.3.2 CCCUE further agrees that the representatives exercising the right to access to
employees shall not disturb, disrupt, or otherwise interfere with the work of any employee of
the District.
Board of Trustees Agenda
13.4 The District shall provide the CCCUE President a copy of the Board Agenda and support
material, with the exception of confidential or personnel matters, at the same time the
material is sent to the Board.
Seniority Roster
13.5 CCCUE shall be supplied with a seniority roster of all employees within three months of
the effective date of this Agreement and once a year thereafter, unless updated earlier. The
roster shall indicate the employee's present classification.
CCCUE Job Representatives
13.6 CCCUE shall notify the District in writing of the name of each designated job
representative.
13.6.1 Such notice will be transmitted in writing within 30 days of the execution of
this Agreement and will include the areas of responsibility in which each representative shall
be functioning.
13.6.2 CCCUE further agrees to notify the District 15 days in advance of any change in
designated representatives.
CCCUE Monthly Meeting
13.7 Employees who wish to attend a monthly CCCUE meeting may receive up to one hour of
release time on the day of the meeting.
13.7.1 The parties agree that an employee will not be released for the meeting if the
supervisor determines that an assignment, project, or other job duties must be completed prior
to the end of the workday and such release time would interfere with the employee's ability to
complete such assignment.
13.7.2 The CCCUE President shall notify the Superintendent/President or designee of the
meeting date, time, and place at least three weeks prior to the meeting.
CCCUE Leave
13.8 CCCUE will be provided up to a maximum total of 120 hours during each year of this
Agreement for use by its representatives in performing lawful CCCUE business, i.e.,
attendance at conferences, workshops, and special or regular meetings of the local
organization in which the employee serves as an elected officer of CCCUE, so long as it does
not become disruptive to the work scheduling needs of the District.
13.8.1 Leave time will be provided upon submission of a written request to the supervisor
of the employee who plans to utilize the leave. When the leave is for an activity that is to
be held on campus, the request shall be made at least one week (five work days) in advance of
the activity. When the leave is for an activity that is to be held off campus, the request
shall be made at least two weeks (10 work days) in advance of the activity.
13.8.2 If a written request is not made pursuant to the provisions of paragraph 13.8.1,
the leave shall be denied by the supervisor. However, an employee may request that the
Director of Human Resources grant a non-precedential exception to the provisions of
paragraph 13.8.1. The Director's determination shall be final.
Joint Labor/Management Committee
13.9 A Joint Labor/Management Committee ("JLMC") is established in order to establish and
maintain an on-going dialogue regarding matters of mutual interest to the District and CCCUE.
The JLMC shall be comprised of four permanent members, the Director of Human Resources, one
other District manager or supervisor, and the CCCUE President and one other member.
13.9.1 The JLMC shall meet on a regular basis on a schedule established by mutual
agreement of the members.
13.9.2 The JLMC may be expanded to include additional members by consensus of the
permanent members on an ad hoc basis.
14.1 The District shall make a reasonable effort to provide a place of employment which
is safe.
14.2 Employees shall observe normally acceptable safety precautions in the performance of
assigned duties, shall attempt to correct potential unsafe conditions as detected, and shall
report any detected potential unsafe conditions directly to their respective supervisor in
writing.
14.3 Two employees designated by CCCUE shall be named to the District's Safety Committee.
Campus Police Officers
14.4 The District will provide the items of safety equipment, badges, and identification
cards that are to be utilized by Campus Police Officers while on duty. In addition, the
District will provide an initial set of approved uniforms to each Officer.
14.4.1 Safety equipment, uniforms, badges, and identification cards are the property of
the District. No safety equipment, uniform, badge, or identification card may be used for
other than official District business. Safety equipment, uniforms, badges, and identification
cards must be surrendered to the District upon demand.
14.4.2 Each Officer shall receive a monthly allowance of $45 (paid semi-annually on
December 15 and June 15) for cleaning, maintenance, and replacement of uniforms and safety
equipment. An Officer's safety equipment or uniforms that are damaged or rendered inoperative
during an action taken on behalf of the District shall be replaced at the District's expense.
15.1 The District will deduct from the pay of employees and pay to CCCUE the normal and
regular monthly CCCUE membership dues as voluntarily authorized in writing by the employee on
a District-approved form, subject to the following conditions:
15.1.1 Such deduction shall be made only upon submission of a District-approved standard
form to the designated representative of the District, duly completed and executed by the
employee and CCCUE.
15.1.2 The District shall not be obligated to put into effect any new or changed
deduction until the pay period commencing 15 days or more after such submission.
15.1.3 Upon remitting the deductions requested by the Exclusive Representative and
authorized by the member pursuant to the provisions of this Article, the Employer has
fulfilled its entire obligation relative to said deductions.
15.1.4 An employee who has voluntarily authorized a deduction for membership dues for
CCCUE as set forth in paragraph 15.1, shall be required to maintain membership in CCCUE for
the term of this Agreement, unless the employee terminates employment with the District or
takes a non-bargaining unit position with the Employer. The District agrees that any request
to discontinue payroll deduction made by an employee between the date of ratification of this
Agreement and June 1, 2001, will not be honored by the District until June 29, 2001.
15.2 The Exclusive Representative hereby agrees to indemnify and hold the Employer, its
officers, agents, and employees harmless from any claim, demand, action, or liability which
may result from or in any way relate to the making of said deductions and the transmission of
said funds to the Exclusive Representative.
16.1 The District agrees that it will not contract out work that would result in a
layoff or reduction of regular assigned hours or regular wage rates of bargaining unit
members.
16.1.1 Should the District determine to contract out work that is regularly performed by
bargaining unit members for any period of time in excess of 60 calendar days, the issue shall
be referred to the JLMC for review and discussion. This provision shall not apply to work
that is performed as a result of a contract made pursuant to the Public Contracts Code.
16.1.2 If the JMLC is unable to resolve questions or issues as to a specific instance of
contracting out, the matter shall be referred to the negotiating team. The parties shall
attempt to resolve the matter within 15 days of the referral.
17.1 A grievance may be filed by a unit member or by the Exclusive Representative. The
grievant may elect to be represented by the Exclusive Representative at all formal levels of
the grievance procedure and must inform the District in writing.
17.1.1 The grievant, a designated bargaining unit representative, and witnesses employed
by the District, if any, participating in the processing of the grievance, shall suffer no
loss in pay while attending meetings or appointments necessitated by the grievance which are
mutually scheduled by the District and the Exclusive Representative.
17.1.2 An employee may present a grievance to the Employer and have such grievance
adjusted without the intervention of the Exclusive Representative. If the employee elects
not to be represented by the Exclusive Representative, the employee shall sign a waiver to
that effect.
17.1.3 Any adjustment shall not be inconsistent with the terms of this Agreement. The
Employer shall not agree to a resolution of the grievance until the Exclusive Representative
has received a copy of the grievance and the proposed resolution and has been given an
opportunity to file a response.
17.2 Once a grievance has been initiated, all matters of dispute relating to it which occur
during the processing of the grievance shall become a part of and be resolved in the grievance
proceeding. Once a grievance has been resolved or a final decision rendered, no grievant
shall be entitled to initiate a new grievance on any matter or occurrence which properly could
have been included in the first grievance.
17.3 Time limits may be extended or shortened by mutual agreement of the grievant and the
District.
17.3.1 Failure of the grievant or the grievant's representative to adhere to the time
limits of this Article shall constitute waiver of the grievance and acceptance of the
District's action or decision at the appropriate level.
17.3.2 If a Level One grievance or a Level Two appeal is filed within five days of a
scheduled off-duty day for the grievant, the applicable time lines set forth in
paragraphs 17.7.2, 17.7.3, 17.8.2.1, 17.8.3, 17.8.4.4, or 17.9 shall be tolled at request of
the grievant.
17.4 No reprisal will be taken by the District against any grievant or participant in the
grievance procedure by virtue of such participation. Forms and documents prepared solely for
the processing of a grievance shall be maintained in a separate file and shall not be placed
in the employee's personnel file.
17.5 Until final disposition of the grievance takes place, the grievant shall conform to the
original direction of the District.
17.5.1 If a grievance arises at a level above the employee's immediate supervisor, the
initial filing, which shall comply with the provisions of Level One, shall be made at Level
Two.
17.5.2 If at any time during the processing of a grievance prior to the conclusion of
Level Two, one or more other grievances are timely filed by any employee(s) involving the same
or essentially the same facts and issues, the Superintendent/President may determine that the
later filed grievances shall be consolidated with and heard together starting at the level at
which the earliest grievance is then pending.
17.6 Prior to filing a formal grievance, and within 10 days after the grievant knows or
reasonably should have known of the circumstances which form the basis of the grievance, the
employee should discuss the problem with the immediate supervisor. The immediate supervisor
should attempt to adjust the problem and shall respond verbally within five days of the
meeting.
17.7 Level One: If the informal discussion does not resolve the grievance, a formal level
grievance may be initiated not later than 20 days after the employee knew or reasonably should
have known of the act or omission giving rise to the grievance. The grievant shall file a
Level One Grievance Form with the immediate supervisor (Grievance Forms attached as
Appendix C).
17.7.1 A grievance not containing the required information shall be rejected as being
improperly filed. Such rejection shall not extend the time limits of this Article.
17.7.2 The immediate supervisor shall hold a formal conference with the grievant within
10 days of the filing of the grievance.
17.7.3 The supervisor shall communicate a written decision, including the reasons for
the decision, to the grievant within 10 days of the formal conference.
17.8 Level Two: If the grievance is denied at Level One, the grievant may file a Level Two
written appeal to the Superintendent/President (or designee) within 10 days of the Level One
denial.
17.8.1 The appeal shall contain all materials filed in Level One and the decision
accompanied by a statement of the reason for the appeal.
17.8.2 The appeal shall also state the grievant's election to proceed at Level Two by
either (1) a meeting with the Superintendent/President pursuant to paragraph 17.8.3 or (2)
conciliation by the California State Mediation and Conciliation Service pursuant to
paragraph 17.8.4. The election of one option shall exclude the other. If the grievant does
not elect to proceed by conciliation, the Superintendent/President may elect to do so and
advise the grievant within 10 days of the filing of the appeal.
17.8.3 A meeting between the Superintendent/President and the grievant shall be held
within 10 days of the filing of the appeal. The Superintendent/President shall transmit a
written decision including the reasons for the decision to the grievant within 10 days of the
meeting.
17.8.4 Where the grievance proceeds by conciliation, the conciliation session shall be
scheduled at the mutual convenience of the parties and the conciliator.
17.8.4.1 The conciliator shall attempt to find a mutually acceptable resolution to the
grievance.
17.8.4.2 The conciliator shall not issue any public statements of fact or opinion on the
issue.
17.8.4.3 Conciliation or settlement positions of either party shall not be introduced at
any other grievance level.
17.8.4.4 Within 10 days of the conciliation session, the Superintendent/President shall
transmit to the grievant a written decision including the reasons for the decision. If the
conciliation has produced a mutually acceptable solution, that solution shall be the
Superintendent/President's decision.
17.9 Arbitration: A grievance that has been denied at Level Two may be submitted to
arbitration by the Exclusive Representative pursuant to the provisions of the Code of Civil
Procedure section 1280, et seq. The submission shall be made within 10 days of the Level Two
denial. The Arbitrator shall be selected from the panel of the California State Mediation
and Conciliation Service.
17.9.1 The arbitration process established by this Agreement is limited by the following
provisions of this paragraph:
17.9.1.1 If a grievant who filed a grievance utilized the provisions of paragraph 17.1.2
and is satisfied with the Level Two decision, the Exclusive Representative is barred from
instituting the arbitration procedure provided that the Level Two decision does not violate
this Agreement or does not create a precedent.
17.9.1.2 The arbitration shall be limited solely to the interpretation and application of
this Agreement to the precise issue or issues submitted in the original grievance filing, any
matter incorporated pursuant to paragraph 17.2, and any procedural objections made by the
District. The arbitration shall not determine any other issue or issues.
17.9.1.3 An Arbitrator shall have no power or authority to hear a grievance regarding any
of the following matters:
17.9.1.3.1 Any Article, issue, or matter that is excluded from utilizing the grievance
procedure of this Article by terms of the particular Article, issue, or matter.
17.9.1.3.2 The promulgation of rules or procedures for the implementation of this
Agreement.
17.9.2 If a question arises as to the arbitrability of a grievance that has been
submitted to arbitration, the Arbitrator shall rule on that issue prior to a hearing on the
merits of the grievance.
17.9.3 Following a hearing on the merits of the grievance, the Arbitrator shall issue a
written Decision and Award which sets forth the Arbitrator's findings of fact, reasoning, and
conclusions on the precise issue or issues submitted. In rendering the Decision and Award,
the Arbitrator shall be limited as follows:
17.9.3.1 Where the District has made a judgment involving the exercise of discretion, the
Arbitrator shall review the District's decision solely to determine whether the decision
violated the Agreement. The Arbitrator's judgment shall not be substituted for the judgment
of the District.
17.9.3.2 The Arbitrator shall not issue any statement of opinion or conclusion that is not
essential to the determination of the issue or issues submitted.
17.9.3.3 When the Arbitrator is required to interpret a provision or provisions of this
Agreement, the Arbitrator may not consider authorship of the provision.
17.9.4 The Arbitrator's Decision and Award may include restitution, financial
reimbursement, or other proper remedy, except fines or penalties. The Arbitrator's Decision
and Award, which is final and binding, shall be submitted to the District and the Exclusive
Representative for review and implementation.
17.9.5 The parties shall share the per diem charge and expense costs of the Arbitrator
and the case administration fee, if any, equally. Each party shall bear all other costs of
its own case.
18.1 Layoff of classified employees may occur for lack of work or lack of funds.
Notification of CCCUE
18.2 The District agrees to notify CCCUE in writing of any potential layoff of classified
employees within 10 days of the District's decision to implement a layoff.
18.2.1 The notification shall include the reason for the layoff, the affected department
or departments, the affected classification or classifications, and the date of implementation.
The layoff shall be implemented no sooner than 45 days following notification to CCCUE.
18.2.2 The District agrees to consult with CCCUE with regard to the particulars of the
layoff, including the names, classifications, and seniority standing of potentially affected
employees. CCCUE's request for consultation must be made within five days of the initial
notification.
Order of Layoff
18.3 The order of layoff shall be based on seniority within that class plus higher classes
throughout the District.
18.3.1 An employee with the least seniority within the class plus higher classes
shall be laid off first. Seniority shall be based on the number of hours an employee has been
in the District's paid status, but does not include overtime hours, provided the employee has
previously worked in the lower classification.
18.3.2 If two or more employees subject to layoff have equal class seniority, the
determination as to who shall be laid off will be made on the basis of the employees' training
and experience and written evaluations by the District.
18.3.3 The District shall issue a Notice of Layoff to each affected employee in
compliance with applicable provisions of the Education Code not less than 30 days prior to the
effective date of the layoff.
Bumping Rights
18.4 An employee who is laid off may displace ("bump") an employee in a lower-paid position
if the laid-off employee (1) meets the qualifications for the position, (2) has previously
acquired permanence in the position, and (3) has greater seniority than the incumbent in the
lower-paid position.
18.4.1 If an employee who is subject to a layoff was an incumbent in the job
classification of Skilled Maintenance Worker that was reorganized by craft designations
(e.g., Electrician) as a result of the Flanagan Study of 1989, the employee may bump into an
equal or lower-paid craft job classification (e.g., Painter) provided that the employee
possesses the basic qualifications of the equal or lower-paid craft classification and is more
senior than the incumbent in the equal or lower-paid job classification.
18.4.2 If an employee in the classification of Library Circulation Technician or Library
Services Assistant who is subject to a layoff was an incumbent in the job classification of
Library/Media Technician I or Library/Media Technician II that was reclassified as a result of
the Madden Study of 1997, the employee may bump into the prior classification provided that
the employee is more senior than the incumbent in the position.
18.4.3 When an employee bumps into a lower-paid position, the employee's assigned hours
of work in the lower-paid position shall not exceed the assigned hours of work in the position
from which the employee was originally laid off.
Re-employment Rights
18.5 A laid off employee is eligible for re-employment in the class or classes from which the
employee was laid off for a 39-month period and shall be re-employed in the reverse order of
layoff. In addition, a laid off employee shall have the right to apply for promotional
positions within the filing period specified under this Article and to use seniority,
training, experience, and written evaluations by the District herein for a period of 39 months
following layoff. The District shall post all classified positions pursuant to the Collective
Bargaining Agreement and will ensure an employee on a re-employment roster an opportunity to
apply and be considered in preference to new applicants.
18.6 An employee who takes a voluntary demotion or voluntary reduction in assigned time in
lieu of layoff or to remain in the employee's present position rather than be reclassified or
reassigned, shall be granted the same rights as any employee who has been laid off. In
addition, the employee shall retain eligibility to be considered for re-employment for an
additional period of up to 24 months provided that the same test of fitness under which the
employee qualified for appointment to the class shall still apply.
18.7 An employee who takes a voluntary demotion or voluntary reduction in assigned time in
lieu of layoff shall be, at the option of the Employer, returned to a position in the
employee's former class or to the positions with increased assigned time as vacancies become
available, and without limitation of time, but, if there is a valid re-employment list, the
employee shall be ranked on that list in accordance with seniority.
Seniority Roster
18.8 Upon written request, the District shall provide CCCUE with an updated seniority roster
at least 45 days before the District exercises its managerial right to effectuate the layoff.
The seniority roster shall indicate the employee's class seniority and hire date within the
class or classes in which the employee has been employed.
Notification to Employee - Re-employment
18.9 Any permanent employee who is laid off and is subsequently eligible for re-employment
shall be notified in writing by the District of an opening. Such notice shall be sent by
certified mail to the last address given to the District by the employee.
Employee Notification to District
18.10 An employee shall notify the District in writing of the intent to accept or refuse
re-employment within five workdays following receipt of the re-employment notice. If the
employee accepts re-employment, the employee must report to work on the date indicated. If an
employee refuses the employment offer, the offer shall be made to the next person on the
re-employment list with the greatest seniority. If an employee declines an offer of
employment, the employee's name shall be placed at the bottom of the seniority list. All
employees who are in a laid-off status shall remain on the re-employment list for a period of
39 months. An employee who declines a second offer of re-employment from the District shall
be considered unavailable for employment and shall be dropped from the re-employment list.
Thereafter, the District shall be acquitted of its notification responsibility.
Health and Welfare Benefits
18.11 The District agrees to provide the contribution provided in ARTICLE IV, HEALTH AND
WELFARE BENEFITS, paragraph 4.1, for the month following the month in which the employee was
laid off, provided the employee was laid off pursuant to the provisions of this Agreement and
was eligible and receiving the District's health and welfare benefits at the time of the
layoff.
18.11.1 If the employee had been a regular classified employee for more than five years at
the time of the layoff, the District shall make the contribution for two months following the
month in which the employee was laid off, which shall be augmented by one additional month for
each five additional years of service.
18.11.2 An employee who elects to continue the Health and Welfare benefits beyond the
period of the District's contributions may do so provided that the terms of the insurance
plan or program allow the practice and the employee makes payments directly to the District on
a schedule established by the District.
Unemployment Benefits
18.12 Upon written request, the District agrees to provide the Employment Development
Department with any and all information pertaining to any laid off employee who files for
unemployment benefits.
Retirement In Lieu of Layoff
18.13 Notwithstanding any provision of law, any permanent classified employee who was subject
to being or was in fact laid off for lack of work or lack of funds and who elected service
retirement from CalPERS shall be placed on an appropriate re-employment list. This District
shall notify CalPERS of the fact that retirement was due to layoff for lack of work or lack of
funds. If the employee is subsequently subject to re-employment and accepts in writing the
appropriate vacant position, the District shall maintain the vacancy as provided in this
Agreement and/or until CalPERS has properly processed a request for reinstatement from
retirement.
Notice of Vacancies
18.14 The District shall determine in all cases if a vacant position within the bargaining
unit exists and when a vacant position shall be filled among employees who were laid-off and
are on the District's current re-employment roster. The District shall notify all laid off
persons in writing of any vacancies in the classified bargaining unit. This notice shall be
sent to the last address given to the District by the employee. Further, all laid-off persons
shall receive priority consideration for any vacancy that the employee qualifies for before
consideration is given to any outside applicant.
Miscellaneous
18.15 Any employee who was improperly laid off shall be re-employed upon discovery of the
error and shall be compensated for loss of any benefits and salary to which the employee is
legally entitled.
18.16 The parties mutually agree that the provisions stated herein represent full agreement as
to the procedures that are to be followed when conducting all aspects of layoffs in the
classified service and there shall be no duty on the part of either party to meet and
negotiate further during the term of this Agreement.
19.1 This Agreement represents complete collective bargaining and full agreement by the
parties in respect to wages, hours of employment, and all other terms and conditions of
employment which shall prevail during the term or terms hereof. Any matter or subject not
herein covered has been satisfactorily adjusted, compromised, or waived by the parties for
the life of this Agreement.
19.1.1 Except as provided by paragraph 19.1.2, the parties expressly waive and relinquish
the right to meet and negotiate with respect to any subject or matter, even though such
subject or matter may not have been within the knowledge or contemplation of either party at
the time they met and negotiated on and executed this Agreement, and even through such
subjects or matters may have been proposed and later withdrawn.
19.1.2 The District agrees that it will not change any "term and condition of employment"
(including those contained in Board Policy) as defined in the Act without notifying the
Exclusive Representative of the intended change in writing. The Exclusive Representative must
make a written demand to bargain the effect of the change within 10 days of the notice that
the change is being made or the right of the Exclusive Representative to meet and negotiate as
to the specific matter shall be waived. The District agrees that it will meet and negotiate
at a mutually acceptable time following receipt of the written demand.
Past Practice
19.2 The specific provisions of this Agreement shall prevail over any past practice or
procedure. When references are made to statutes (e.g., Education Code, Civic Center Act,
Government Code), such reference is informational only and does not subject the provision of
such statutes to the grievance processes of this Agreement.
Severability and Savings
19.3 In the event that any portion of this Agreement is found to be unlawful by a court of
competent jurisdiction, the rest of the Agreement shall remain in full force and effect.
Management Retained Rights
19.4 It is understood and agreed that the District retains all of its powers and authority to
direct, manage, and control to the full extent of the law. Included in, but not limited to,
those duties and powers are the exclusive right to: determine the times and hours of
operation; determine the type and level of service to be provided and the method and means of
providing them; establish its educational policies, goals, and objectives; ensure the rights
and educational opportunities of students; determine staffing patterns; determine the number
and types of personnel required; maintain the efficiency of District operation; determine the
curriculum; build, move, or modify facilities; establish budget procedures and determine
budgetary allocations; determine the methods of raising revenue; contract out work as legally
allowed under the Education Code and the Government Code, and take action on any matter in the
event of an emergency. In addition, the District retains the right to hire, assign, classify,
evaluate, promote, terminate, discipline, layoff, and reduce service of classified
employees.
19.4.1 The exercise of foregoing powers, rights, authority, duties, and responsibilities
by the District, and the adoption of policies, rules, regulations, and practices in
furtherance thereof, shall be limited only by the specific and express terms of this
Agreement, and then only to the extent such specific and express terms are in conformance with
the law.
19.4.2 The District retains its right to temporarily amend, modify, or rescind policies
and practices set forth in this Agreement in emergency circumstances arising from
extraordinary unforeseen events.
19.4.3 The exercise of any right reserved to the District herein in a particular manner
or the non-exercise of any such right shall not be deemed a waiver of the District's right or
preclude the District from exercising the right in a different manner at a different
time.
19.4.4 Any dispute arising out of or in any way connected with either the existence of or
the exercise of any of the above-described rights of the District is not subject to the
grievance provisions set forth in this Agreement.
Continuation of Economic Benefits
19.5 Upon expiration of this Agreement, or of any interim salary or fringe benefit payment
Article, employees who are re-employed for the following year shall be paid the same salary as
for the final (or any interim) year of the Agreement, until such time as a new Agreement is
ratified by the parties or the duty to bargain has been completed. Dollar amounts specified
herein for the payment of fringe benefits shall be the same pursuant to this paragraph.
Concerted Activities
19.6 It is agreed and understood that there will be no strike, work stoppage, slow-down, or
refusal or failure to fully and faithfully perform functions and responsibilities, or other
interference with the operations of the District by CCCUE or by any CCCUE officers, agents, or
members during the term of this Agreement, including compliance with the request of other
labor organizations to engage in such activity.
19.6.1 CCCUE recognizes the duty and obligation of its representatives to comply with the
provisions of this Agreement and to make every effort toward inducing all employees to do so.
In the event of a strike, work stoppage, slow-down, or other interference with the operations
of the District by employees who are represented by it, CCCUE agrees in good faith to take all
necessary steps to cause those employees to cease such action.
19.6.2 It is agreed and understood that any employee violating this Article may be
subject to discipline up to and including termination by the District.
19.6.3 It is understood that in the event this Article is violated, the District shall be
entitled to withdraw any rights, privileges, or services provided for in this Agreement from
any employee of CCCUE.
Duration of Agreement
19.7 This Agreement supercedes and replaces the Collective Bargaining Agreement between the
District and CCCUE designated "1997-1998" and shall be in full force and effect from the
latest date of ratification by the parties to June 30, 2001, at which time this Agreement
shall expire and become null and void.