Document 15218

AGREEMENT Between the Knightsen Elementary School District and the California School Employees Association and its Knightsen chapter #883 •
July 1-201o-June 30,2013 TABLE OF CONTENTS AGREEMENT ................................................................ 1 ARTICLE I.
RECOGNITION ............................................... 2 ARTICLE II.
DISTRICT RIGHTS ............................................ 3 ARTICLEll.
ORGANIZATIONAL SECURITY ................................. 4 DuesDeduction "','" " .. '.,' .. ',' . :. ,',' ............................. 4 Agency Shop ... ~ .....•.. ~ ..... '. '. ..................... : ........ 4 A.
B.
ARTICLE IV. 'HOURS [email protected]¥ERTIME ..... :~ ............ : ... .: ~ ...'........... 6 A.
Workday and Workweek ......................................... 6 B.
Adjustment ofAssigned Ti,me .. , .................................. 6 C.
Lunch Period ...................................... : ........... 6 D.
RestPerj.ods ..... , ..... '. .... ',' ....•..................•......... 7 K
Overtime: .. '; .. "' .. :; .. '..... : .........'.. '; ........... : . '.- .. : ........ 7 F.
Compensat6ryJnm~,Off .~.: .. ;" ;",;" ,'........................... 7 G.
Minimum Call-In Time .......................................... 7 H.
Right of Refusal ................................................ 8 I.
Hours Worked ................................................. 8 Summer Assignments ......................'..................... 8 J.
K.
Extra Bus Trips ......................................... '. ...... 8 L.
Increase in Hours ............................................... 9 ARTICLEV.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
ARTICLE VI.
File
LEAVES .................................................... 10 Leave of Absence for Illness or Injury .............................. 10 Extended Sick Leave ........................................... 11 Verification .................................................. 11 Industrial Accident and lllness Leave ...................... : ....... 11 Additional Leave for Nonindustrial Accident or Ulness ................ 13 Bereavement Leave ............................................ 13 Personal Necessity Leave ........................................ 13 MilitaryLeave ................................................ 14 Jury Duty .................................................... 14 Pregnancy Disability ·Leave .. '•..... _. ............................. 14 Return from Leave ............................................. 16 Family Care Leave ............................................. 16 Family School Partnership Leave ................................. 17 HOLIDAYS .................................................. 18 z:\201lIKnightse. ESP CSEAIAgreemen!"201()'2013"OS23II"C1n
i
ARTICLEVll.
VACATIONS ... o.............................. o'
ARTICLE Vlll.
EVALUATION PROCEDURE 00.. 00............... 0............. 21 ARTICLEIX.
TRANSFERS, REASSIGNMENTS, AND PROMOTIONS ... 000•••••• 22 ARTICLEX.
A
SAFETY ........... 0••• o' 0000o' 000" 000o' 0o' 0.·00 •• 00•••••••• 24 District Compliance ........ 0•••••• 0 0..... 0';0 • • , • • • • • • '0 0•• 0.' 000• 24 No Discrimination o' . 0.••.••••••• 0••• 0000• 0• 0•••• 00• 00• 00• 0.024
B.
0
0
••••••••••••
20
•
ARTICLE XI.
ORGANIZATIONAL RIGHTS 000• 00• 0• 0•• 0• 0• 0• 0••• 0••.• 0••••••• 25 ARTICLEXll.
A.
SALARIES ............. 0•••••.••••••••••••••• '.' .' 0•••••• 0000••. 26 Salaries 000 •.••••••.• 00• 0•••••. 0••• 00••• '.; •• '.' .••••••••••••••• 26
•
Paychecks ........ 0••••••• 0•••.•• 00•• 0•••• 0•••• 0••••••• 0•••• 0• 26 Frequency - Once Monthly ........................ : ... '" .' . ,0' •• ~. 26 Payroll Errors .................................... 0•• 0•• 0•••.•• 26 Special Payments ............................................ /. 26 LostChecks .. o' 0.•• 0"" ".;0'; 00•• 0•••••• '•• 0•••••••,'.; •• ;,0 "0," 0•• 26 Physical Examinations ...........................
26
Salary on Appointment ....... 0••• 00••••••••••.•.••..•.•.••••.••• < 27 Working Out-of-Class Pay ... 00•••• 0• 0~' •••• '00 ••• 00• 0• : •• 0•••• 0• 027 Longevity Increments ... 0•••••••.•••••••••••. 0•••• 0• 000• 0• 000••• 28 B.
C.
D.
E.
F.
G.
H.
I.
J.
ARTICLEXllI.
A.
B.
ARTICLE XIV.
A.
B.
C.
Do
E.
F.
Go
H.
ARTICLE XV.
A.
B. Co Fil.
0
•••• ' ••••••••••
HEALTH AND WELFARE BENEFITS ..... 0•• 00••••• ;/ ••• 00••••. 0• 029 Benefits for Active Employees ....... 00•••••••••••••• 0••••••••••• 29 Transition Coverage 0•••••.••••••••••••••••••••••••••••• '00",' • "'0.29 GRIEVANCE PROCEDURE ...... 0.• 0•• 000•••.••.•• 0••••. 0••••• 30 Purpose. 00• 0• 00• 00•• o' . 0••••••••••••••••••••••..••• 0•••.• 0•• 030 DefInitions .... 0••• 00•• 0• 000.•• 00• 0••••••.••••..••.••••••••••• 30 Time Limits 0••••••• 00000••••• 0••••••• 0•• 0•• , • 0•••••• 0••••• 0.• 30 Informal Level .... 00••• 0.•••••.•.•••.•• 00•••••• 0•••••••••••••• 30 Level I - Superintendent ...........
30
Level II - Board of Trustees ........... 0.•••••• 0••. 0•••••• : •••••• 031 Alternative Level II - Advisory Arbitration ..
31 Miscellaneous ................................................ 32 0
••••••••
0
0
••••••••••••••••••••
•••••••••••••••••••••••
LAYOFF OF UNIT MEMBERS .................................. 34 DefInitions ........... 0•.• 0.•• 0•...•••• 0....................... 34 Application ................................................... 34 Offer of Reemployment ......................................... 36 z;\2011IKniglrtsen ESD CSEAlAgreement'2011).2013"OS23II"Cln
ii ARTICLE XVI.
A.
B.
C.
D.
PROFESSIONAL GROWTH ." .... " .... , ...................... 37 Purpose, . , ... , , ..........', ....... ,. i " . " ~ .". , .' , • , • • • , ; • • ' • • • • : ) . : . ' ; 37 Awards .. , ........... , .... , ......... , .... , " ., , . , , .... , , .. , , . 37 Method::" ..'.. ', , ..• , ........ , ..... , ..... '. '. '. ..... ; .. , .. '...... ' .., .',,', .'37 Semester Units ............ , , .......... , ...................... , 38 ARTICLE XVn. CONCERTED ACTNITmS .............. ;., ...' .. , .. , ..... , ..... 39 ARTICLE xvrn. COMPLETION OF AGREEMENT ., .............................. 40 ARTICLE XIX.
A.
B.
TERM ..... , .. , ........ , ..... , ......... " ....... , ..... , ..... 41 Duration ..... , ... , .... , ... , ... , .•... , ..." ,: •. ~ ',.\ .... ;. , ....-.: .. 41 Reopeners ............ , ..... , .. , ..... , ......,-::. ,,;; ........•..... 41 ·-SIGNATURE PAGE ... , . , .. ,...... , ...... , . . :~·i" ••• ,. ,:,'••• ; .', , , • .:, , • , •• , •• , • , • ,42
APPENDIX "A" Positions fucluded fu the Classified Bargaining Unit ., .. , ..... , ................. 43 APPENDIX "B" . Classified Employee Benefits ............... : .....'.; .•......... , , .. , . , .... 44 APPENDIX "C"
Longevity Pay ..... , ............ ; ...... ;; .......:, ....•...'........ : .... t, •• ·,.46
, APPENDIX "D" HSS Salary Schedule .................................................... 47 •
FUe z:\2011\Knightsen ESD
CSEAlAgreemeoI"201()"2013"OS2311"C1n
iii AGREEMENT •
.The articles and provisions contained herein constitute an agreement ("Agreement") between
the Knightsen School District (herein "District") and the California School Employees Association
and its KnightseRChapter #883 (herein "CSEA"). The term "Agreement," as used herein, means
a written agreement pursuant to Government Code section 3540.1(h).
File z:\201JIKnightsenIlSD
CSEAlAgreement"201()"2013"OS23II"C1n
1
ARTICLEL
A. The District recognizes CSEA as the exclusive representative of employees
.holding th~positions listed in. the attached Appendix '~A/' whi,chjs attached
hereto. 8ll<Uncorporatedherein by reference.
B. The unit excludes. positions designated as management.·· :superv-isory; or
confidential, and also excludes the following positions:
C. File RECOGNITION 1. Substitutes;
2. Short-term employees employed and paid for less than sixty (60)
workdays within a school year in a single position;
3. Professional experts employed on a temporary basis for a specific
project, regardless of the length of employment;
4. Students.
The unit includes short-term employees employed and paid for sixty (60) or
more workdays within a school year in a single position.
•:1201 l\Knightseo ESD
CSEAlAgre0lll<>l!t"2010--201 3"0523 I1"C1n
2
ARTICLE II.
DISTRICT RIGHTS The District retains all ofits powers and au$.ority t01'J:1anage, direct and control
the operation of the District to the full extent of the law. Included in those
duties and powers, but limited thereto, is the right 10:
*
:direct the work of its employees;
*
detenn:iD.ethe kinds and levels of services to be provided and the
methods and means of providing them;
•
*
determine staffing patterns;
*
determine the number and kinds of personnel required;
*
maintain the efficiency ofthe District operation;
.*
determine the times and hours.ofoperation;
*
build, move, or modify the facilities;
*
develop a budget;
*
, determine budgetary allocations; and
*
contract out work.
In addition, the,District retains the right to hire, classify, promote, transfer,
assign, evaluate, termmatei and discipline employees, and to take action on any
matter in the event of an emergency. The exercise of the foregoing powers,
rights, authorities, duties, and responsibilities by the Board; the adoption of
policies, rules, regulations, and practices in furtherance thereof; and the use of
judgement and discretion in connection therewith, shall be limited only by the
specific and express terms ofthis Agreement, and then only to the extent such
specific and express tennsare in conformance with the laws of California.
Notwithstanding the District's right to contract out work, the District will
consult with CSEA prior to doing so if contracting out the work would cause
a unit member to be laid offor to have hislher hours reduced.
File
z:I:lOlllKnlghtsenESD
CSEA\AgreementA201 0-20 13"OS23l1"Cln
3
•
ARTICLEID.
ORGAN~ATIONALSECururry.
. Dues Deduction
Any employee who is amemherofCSEA,~or~h(thas!applied for membership,
may sign and deliver to the District an assignment authorizing deduction of
CSEA membership dues. Such authorization.shall continue in effec't during the
term of this Agreement unless revoked in writing not less than sixty (60), nor
. more than ninety (90), days prior to the expiration date of this Agreement.
Pursuant to such authorization, the , District shall deduct dues from the
employee's regular salary check each month.
B.
Agency Shop
1.
General
For the duration ofthis Agreement, all employees in the unit shall, as
a condition ofemployment, within thirty (30) days after execution of
this Agreement (or within thirty (30) days after employment as to new
employees),eitherjoin CSEA or pay to CSEA a service fee in an
amount not to exceed the dues required for CSEA membership.
Existing employees as of the. date>.of execution of this Agreement
who, because ofreligious, moral or ethical convictions, choose not to
pay the.service fee, spall pay an equivalent amount to a recognized
charity agreed to by the employee, CSEA and the District.
Employees hired after the executionof this Agreement, who, because
ofreligious convictions, choose not to pay the service fe!, shall pay
an equivalent amount to a. recognized charity agreed to by the
employee,'CSEA and the District..
2.
Service Fee Deduction ,.
a)
. An employee.may sign and. deliver to the District an
assignment authorizing deduction ofthe service fee pursuant
to paragraph A, above ...
1). File z:12011\KnightsenllSD
CSBA\Agreement"201(}'2013"OS23I 1"CIn
Such authorization shall continue in effect during the
term ofthis Agreement unless. revoked in writing not
less'than sixty (60), nor.more:.than ninety (90), days
prior to the expiration date of this· Agreement.
Pursuant to such authorization, the District shall
deduct the service fee from the employee's regular
salary check each month.
4
b) CSEA shall indemnify oo<lhold.hannless the District,ancl its
Board members, officers, agents and employees, individually
and collectively, from and: against any and all claims, costs,
suits, losses, demands, actions, judgments, damages,
attorney'·s fees, causes ofaction, liability and proceedings, of
any nature,arisingout of or related in any way to the
provisions ofthis: Article. ,
c) The District shall not be obligated to put into effect any new,
changed or ,discontinued deduction until the pay period
commencing thirty (30) days or longer after receipt by the
District. of the written deduction request or change.
.
,,\20! llKnightsen ESD
CSEA\Agreement"2010-l013"052311"Cln
5
ARTICLEIV.·
A.
HOURS AND OVERTIME
Workday and Workweek
1. B.
The normal workweek for full-time employees shall consist of five
(5) consecutive days, Monday through Friday, ofeight (8) hours per
day and forty (40) hours per week.
a)
The regular workday and workweek may be extended on an
·overtim:e .basis.·
b) . Any adjustments to an assigned workday must be approved by
the Superintendent. If the employee does not agree, the
effects of the change shall be bargainable.
c) Less than full-time assignments shall be based on one-quarter
(1/4) hour increments.
2. The workweek for a particular position may be changed to ~ Tuesday­
through-Saturday workweek by the Superintendent, on a temporary
basis, with the voluntary written consent of the employee.
3. It is fundamental that school programs cannot commence, and pupils
cannot be taught, at prescribed times without the punctual and reliable
attendance of members of the school staff Therefore, each staff
member shall be punctual and complete all regularly assigned duties
within the assigned times.
Adjustment of Assiilled Time
Any employee in the bargaining unit who works and average of thirty (30)
minutes or more per day in excess ofhis or her regular part-time assignment for
aperi6d of twenty (20) consecutive working days or more shall have hislher
regular assignment adjusted upward to reflect the longer hours, effective with
the next pay period.
C.
Lunch Period
Full-time employees shall receive an unpaid, uninterrupted lunch period, to be
scheduled bythe District at or about the midpoint ofthe employee's work shift.
The eight (8) hour shift excludes the lunch period and inCludes break periods.
An employee required to work during hislher lunch period shall receive pay at
the rate of time and one-half for all time worked during the normal lunch
period.
File z;\2011IKnightsen ESD
CSBA\Agreement"201 0-201 3"OS23 I1"C1n
6
D.
Rest Periods
Employees shall have one (1) rest period of fifteen (15) minutes for each four
(4) hours worked. Employees whose. regular shift is less than four (4), but
more than two and one-half (2.5), hours shall be entitled to one (1) rest period.
Full-time employees shall take the first rest period during the flf~t four (4)
hours and second rest period during the second four (4) hours. Credit cannot
be accumulated for rest periods not used, n~m can the time be used to shorten
the work day.
E.
F.
Overtime
1. Hours worked in excess ofeight '8) hours in aday or forty (40) hours
in a workweek constitute overtime and shall be compensated at the
oyertimerate, either in compensatory time offor in salary, at a rate of
time andone~ha1fthe regular rate of pay.
2. An employee assigned for less than four (4) hours per day shall be
compensated at the Qvertime rate for hours worked on the seventh
(7th) day of the wor~eek.
. Compensatory Time Off
CompensatoryTimeOff (CTO) in Heu ofcash compensation may be accrued,
up to a maximum of forty (40) hours on the books at any point in time, if the
employee has been suffered or permitted to work overtime or additjonal hours
that do not ·meet . thedefinition. of ',~overtime." Except in extraordinary
circumstances, the employeeshall seek advance approval for overtime. Such
accrual is at the discretion of 't he employee, and the employee's exercise of
hislher options shall not be a determinate factor in assignment of overtime or
additional hours.
CTO shall be taken, at a time that ismutuaHy acceptable to the employee and
the District, within the school year during which it was earned. Such CTO
shall be earned at the appropriate rate. Ifthe ero has not been taken within
the school year during which it was earned, the District shall pay the employee
in cash for all such time at the appropriate rate based on the employee's current
rate ofpay.
G.
MinimumCall.;In Time
Any employee called in to work on a day when the employee is not scheduled
to work shall receive a minimum of two (2) hours pay at the appropriate rate
of pay under this Agreement.
rile z:12011\Knjgllts•• ESD
CSEA\Ag!1oement"2011l-2013"OS2311"Cln
7
•
H.
Right of Refusal
Anyemployee shall have the right to reject any offeror request for overtime or
.; call back, on caU,orcall-in time"except in'aD. emergency.
I.
Hours Worked
For the ·purpose ofcompilting the numherof.;hours. worked, all time during
which an employee is in paid status shall be construed as hours worked.
J.
Summer Assignments
1. . When worknonnally and customarily perfonned by bargaining unit
employees is required to.be perfonned at times other than during the
. regular September-June academic year, the work shallbe assigned to
bargaining unit empleyees servingin,the appropriate classification(s)
who are available for the assignment.
2. When it is necessary to· assiglh bargaining unit employees not
regularly so assigned to serve during I:!. summer period, the assignment
shall be made in order ofbargaining unit seniority in the appropriate
classification. If the employ~e/w:iththe.greatest bargaining unit
seniority refuses the assignment, it shall be offered to other
employees within the appropriateclassifi.cation in descending order
ofbargaining unit seniorityuntiltheposition;is filled.
3. Au employee who accepts;asummer.assignmentin accordance with
the provisions ofthis section shallrec.eive;onapro-rata basis, no less
than the compenSation. and benefits applicable to that.classification
during·the< .regular academic ye<ar; and in no event shall .his/her
compensation andlor benefits .be less,. on a pro-rata basis, than the
compensation and benefits he/she was receiving immediately prior to
the commencement of the summer assignment.
Extra Bus Trips
1.
'
: School-DayFieldTrips
Field trips which occur during the school day shall be assigned to that
driver who, in the judgment 9ftheBup~PtJ;tendent, can perfonn the
trip with the le<ast disruption of other assigned tasks .
File
.,1201 I\Knightsen ESD
CSEAIAgmment"201(}'2013"OS2311"C1n
8
•
2. After-School Trips
After-schooktrjps (in<?I1l;9ig.gatl:lJe,ti~'trjps which originate before
classes are dismissed) shall be assigned to drivers based on seniority.
>
3. Drivirig Qualifications
To be eligible.; to .drive extra trips;. a driver must have established
qualifications to drive iri that terrairi (e.g., San Francisco, mountairis,
snow, etcetera).
. L. ."
File
Increase iri. Hours
1. When the Governing Board detennines that additiOnM hours of
employment are .to be created on a regular basis, iriterested part-time
. employees iri the .sameclassificatiou may apply.
2.· Except as noted below, the Districtshall offer the hours to the most
senior employee mthat classification, provided the additional hours
occur at a time when.tbey can b~ accommodated in the employee's
existing schedule.
3. The Superintendent may determine, based upon efficient District
operation, thatthe iricrease should. not be granted to the most senior
employee. If so, written notice shall be provided to the CSEA
Chapter Pre.sident. If requestoo,aconference shall be held between
CSEA and the Superintendent. .
CSEA may grieve the
Supecintendent's.decisionon this,matter directly to the Governing
Boardiri.accordance with Leveillofthe Grievance Procedure.
z:\2011IKnighlsen ESP
CSEAlAgr~OI()':W13"OS2311"Cln 9
LEAVES ARTICLEV.
.Leave ofAbsence for nlness Oli Injury·
An employee employed five (5) days a week, twelve (12) months a
year, shall be granted twelve <12) days leave ofabsence for illness or
1. injury, exclusive ofall days he/she is not required to render service to
the District, with full payf,orafiscal year of service..
An employee, employed five (5) days a week, who is employed for
2. less than twelve (12) months per year is entitled to that proportion of
twelve (12) days ofleave of ab~ep.ce. ofilme~~ or injury as the number
of months he/she is employed bears to twelve (12).
3. (5) days per week shall be
entitled,toiliatpropoitionoi.twelve (12) days leave of absence for
illness or injury as the number of days he/she is employed per week
. '. bears,to five· (5); .When such personS are employed for less than a full
..year 'Of service; this and the· preceding paragraph shall detennine that
proportion ofleave·ofabsence for illness or injury to which they are
entitled.
4. Pay for anyday of absence'sl},atl be the same as the pay which would
have beenreceivedbadtheemploye:e served during the day ofillness .
. . 5.
. ,
File An,employeeemployedless'J~five
.At.·thebegi:pning ofeacbrfiscal'year, the full amount of sick leave
granted under this sectionshall'becredited to each employee. Credit
.for sick leave need not be accruedpri.orto taking such leave, and such
leave· may' be takeru 8t,any time during the year subject to
reimbursement to the District if the employee leaves the District
service. However, a new employee of the District shall not be
eligible to take more than six (6) days or the proportionate amount to
which he/she may be entitled until the first day ofthe calendar month
after completion ofsix (6) months of active service with the District.
6. Pregnancy shall be treated as a temporary disability leave for the
period of time that the employee is temporarily disabled resulting
from pregnancy, miscarriage and childbirth and recovery therefrom.
The length of the absence shall commence and tenninate on dates
determined by the employee and the employee's physician.
7. If an employee does not take the full amount ofleave allowed in any
year under this section, the amount not taken shall be accumulated
from year to year.
z:UOIIlKnigbtsen ESD
CSEA\AgreemenI'2010-1013"OSl31 1"C1n
10
The employee may convertrtnused sick leave to retirement credit in
accordance with Government Code section 20862.5 or its-successor
if the employee'is filing a: request for retirement.
8. B.! .
Extended Sick Leave
A regular classified employee shall, once a year, be credited with one hundred
(100)workingdays of paid sick leave; in a.ddition to leave to which he or she
is entitled under Subparagraph A (Leave of Absence for Illness or Injury),
above. Such days of paid sick leave, in addition to those required by
Subparagraph A, above,shall be co:rnpensated at fifty'percent (50%) of the.
'. employee's regular salary. . The sick leave authorized under this
Subparagraph B shall be exclusive of arty' other paid leave, holidays, vacation,
•or· compensating time to which' the employee may be entitled.
C.
Verification
Verification by a doctor may be required after an absence due to
illness or iIijury of five (5) consecutive working days .
1. . 2.
The .District reserves' the .right to ~ require medical verification of
.' illness or injury' for shorter periods of time when there is probable
cause'to require such verification. Prior written notice of such
requirements shall be givento the employee.
3. D.
Ifthe District directs an employee to Secure medical verification from
a doctor ofthe District's choice, the District shall pay the cost ofsuch
verification.
Industrial Accident and Illness Leave
An employee shall receive sixty (60) working days' leave with pay in any fiscal
. year for an industrial accideil(or illness.
File
1. .Allowable leave shall not be accumulative from year to year.
2. Industrial accident or illness leave will commence on the first day of
a.bsence.
3. .Payment for wages lost on any day shall not, when added to an award
gtanted the employeelmder the Workers' Compensation law, exceed
the normal wage forthe day'.
z;\2011IKnightsen ESD
CSEAlAgrwnent'lOI 0-20 13"OS2311 'eln
11
4. Jndustrhil accident leave. wiUbereduced by one (1) day for each day
of ~uthorizeclabsence regarqJ.essof a compensation award made
under ;Workers' Compensation.,
5. When an industrial accidentor illness occurs at a time when the full
sixty (60) days will overlap into the 'n.ext fiscal year, the employee
sha~l.lJeerJ.titled t9 only that atnOUt}trqwain;ingat the end ofthe fiscal
y~ar in which tile, injpry or illness,~ OCCJ.llTed, for the same illness or
mJlny.
6.
. The industrial accident or illness leave ofabsence is to be used in lieu
of sickle,aveuncler Paragraph A.'Wh~,el'!titlement to industrial
· aC9ident or illness leave h~s been,~xhaust.~d,e;J1tit1ement to other sick
· .leave .will then 'be used; 'but if.an'employee, (is receivin~ Workers'
Compensation, the person shall be entitled to use onlyso much ofthe
person's accumulated or availabl~, "sic.1r.' leave, accumulated
compensating time, vacation or otheravmlable leave which, when
ad,ded to,the Wgrkers' Compy:g.sation award, provides for a full day's
wage or salary.
7. . . The GoveruingBoa,rd may, byruJ.e or regulation, provide for such
adPJ.tionpl.leave ofahsence,paip,or;unpaid, as it deems appropriate,
and41lring SUClI)eave,Ahe employee may return to the person's
· positionwithouts~ffering any,lossof status or benefits.
Periods ofleave pf absence,. paid or. unpaid, shall not be considered
to·be a br~ in service ofthe employee.
File 9. During all paid leaves of absence, whether industrial accident leave
as provided in tQis sectioIl;. sick: leave, y~~#pn or compensated time
off, the employee shall endorse to the District wage loss benefit
checlcsreceiyedundertheWorkers' COIpPellsation laws ofthis state.
The Distric~, in~;shal;l issue the e~plqyeea:ppropriate warrants for
payment of wages or salary and shall deduct normal retirement and
,other.autl.lO~dcoAp:il:)Utions .. Reduction of entitlement to leave
shall be made only in accordance with this section.
10. When all available leaves of absence, paid or unpaid, have been
exhausted, and if the employee is not medically able to assume the
d"g,ties of the. person's . position), .th~ person shall, if not placed in
anQtheJ;,position,.,be, placed on a,J;'eemployment list for a period of
thirty-nine{39}montbs. When available, during the 39-month period,
the person shall be employed in a vacant position in the class ofthe
person's previous assignment over all other available candidates
except for a reemployment list established because .oflack ofwork or
z:12011\Knigbtsen ESD
CSEAlAgreement"20lQ-2013"OS:U11"C1n
12
lack of funds, in which case the person shall be listed in accordance
with appropriate seniority regulations.
E.
11. Any employee receiving benefits as a result of this section shall,
during.· periods of injury .or illness; remain within the State of
. California· unless the Governing Board authorizes travel outside the
state.
12. An employee who has been placed on a reemployment list, as
provided herein; Who has been medically released for re4tm to duty
and who fails to accept an appropriate assignment, shall be dismissed.
Additional Leave for Nonindustrial Accident or Illness
A permanent employee who has' exhausted all entitlement . to sick leave,
vacation, compensatory overtime or other available paid leave and who is
absent because ofnon-industrial accident or illness, may be granted additional
leave, paid or unpaid, not to exceed six (6) months, in accordance with
Education Code section 45195. The Board may renew the leave ofabsence,
paid or unpaid, for two (2) additional six (6) month periods or such lesser leave
periods as it may provide, hut not to exceed atotal of eighteen (18) months.
F.BereavementLeave·
Employees shall be granted aleave with full pay in the event ofthe death ofany
member of the employee's immediate family. The leave shall be for a period
of up to three (3) days (five [5] days if out-of-state travel is required). The
"immediate family" is defmed·as mother, fath~r,gran4mother, grandfather, or
a grandchild of the employee or of the spouse of the employee; spouse, son,
son-in-law, daughter, daughter-in-law, brother, sister, step-child orJoster child
of the employee, or any relative living in the immediate household of the
employee. If in-state travel is mote than'three hundred (300) miles, up to one
(1) additioruilday (total offour[4]) maybe requested. Such request shall not
be unreasonably denied by the Superintendent.
G.
Personal Necessity Leave
1. Up to seven (7) days ofabsence earned for sick leave may be used by
the employee at his/her election in anyone (1) year in cases of
personal necessity on the following basis:
a) rile z:120111Knigbtsen ESD
CSEAlAgreeIl1ent"20J()"201 3"0523 I I"eln
The death of a member ofthe employee's immediate family,
or any relative living in the immediate household of the
employee.
13
.­
b)
c) 2. AppeaJ:"ance to. testify.. in. any court or before any
administratiyetribunl:!:1 a$ljllitigant, party or witness.
Of the foregoing seven (7) days of personal necessity leave, an
employee may use o.ne (1) <lay per;school year for personal business
reasons subjectto pri01."Witte:n request to the Superintendent and the
Superintendent's approval ofthe .date of absence.
f,: '
H.
AccidentoLillne~s invoJving the employee's person or
'. property Qr the. personal· property of a member of hislher
immediate family. .
Military Leave
An employee shall be entitled toanymilitaryJ~av:e, as provided by law, and
. shall'retain all rights and privileges. granted .Ry law,fll"ising out of the exercise
ofmilitary leave.
1..
Jury Duty
An employee. shall be entitl,edto leave 'Witho'l1tlos~iofpay for any time the
employee is required to performjury duty. The District shall pay the employee
receiyedfor
jury. duty and the
the difference, if any, between the.).. amount
.,
.....
employee's regular rate ofpay. Any meal, mileage, and/or parking allowance
provided the employee for jury duty shall notbe,90nsidered in the amount
rec.eived forjury duty,
,
..
J. .
Pregnancy Disability Leave
1. Eligibility
. All female ,bargaining unit members, regardl~ss of length of service
. with the District, shall be entitled t() tak.:e a pregnancy disability leave
if they are actually disabled due t()pregnancy;
2. Length of Leave
a) Leave ofup to four (4) months may be taken, as needed, for
the period(s)oLtimea, bargaining unit member is actually
disabled due topre:gnartcy..
• ,.
fife
z,UOlllKoightsen ESD
CSEAlAsreement"201G-2013"OS2311"Cln
.Four (4). mo.nths means the number of days the
bargaining tutit member normally would work within
that four (4).month period.
14
•
b) 3.
For example, a full-time bargaining unit member who
works five (5) eight-hour days per week would be
entitled to up to eighty-eight (88) working days of
leave, based on all average of twenty-two (22)
working days per month for four (4) months.
A bargaining unit member who works fewer than five (5)
days aweek, or eight (8) hours per day, receives leave on a
pro rata or proportional basis.
Intermittent Leave
The leave may be taken intermittently or in a reduced work schedule
when medically advisable, as determined by the health care provider
of the bar~aining unit member.
4.
Compensation
The leave is unpaid. A bargaining unit member may elect, however,
to use accrued sick or vacation leave during the otherwise unpaid
portion of the leave. The District may require a bargaining unit
member to use accrued sick leave during the otherwise unpaid portion
of the leave.
5.
Benefits
During the leave, a bargaining unit member will receive District-paid
benefits at the same level as if the bargaining unit member were not
on leave. A bargaining unit member will continue to accrue seniority
during the leave period.
6.
Notice
A bargaining unit member must provide the District at lease thirty
(30) days' advanced written notice before 'leave is to begin. If thirty
(30) days' advance notice is not practicable, such as because ofa lack
ofknowledge ofapproximately when leave will be required to begin,
a change in circumstances, or a medical emergency, notl'ce must be
given as soon as practicable.
7. Medical Certification of Need for Leave
The District will require medical certification ofthe need for leave.
The medical certificate should contain:
File
z:12011IKnightsen ESD
CSEA\Agreement"2010-2ll13"llS2311"C1n
15
a) The .date 011 which the bargaining unit member became
disabled due to pregnancy;
b) The prob~ble duration of the period or periods of disability;
and
, c)
8.
An ex.planatoIY,~tatement that because of the disability, the
.',: bargainin,g,unitme1Q.ber is either unable to work at ail or is
unable to perfa,Oll anyone (1) or more of the essential
functions of her position, without undue risk to herself or to
other persoJ1S, ,or to the successful completion of her
pregnancy.
Re~~aseto
Return to W9rlc,
The District will require a Bargaining unit member to obtain a release
to return to work from:herhealthcare provider prior to returning to
work.
9.
Reinstatement
A bargainin,g unit member wilL,be.reinstated in accordance with
FEHC §7291.9.
K.
Return from Leave
Upo;nreturn todutyfollowip.g,~yleave, the. employee shall secure an absence
certificate, .fill~tout indetajl,signit, and~l;lbmit the certificate to the District
Office.
L.
Family Care Leave
The District will provide each bargaining unit member with leave in accordance
With state, (GoveWlllentCodesectiQn 12945.2) and or federal (PL 103-3)
oFa,Jnily and M:~cal Leav:e Acts.. ASummary,ofthe current provisions ofthese
la'Wsis l:j.vajlableat the Di$tr,ict Office.
'
File
%:\2011\Knigbtsen ESD
CSEAlAgreomelll"20IO-2013"GS2311 "eln
M.
Family School Partnership Leave
A unit member who is a parent, grandparent, or guardian having custody ofone
(1) or lIlorechildren in grades kindergartenthmtigh grade twelve may utilize
upto eight (8) hours in a calendar ~on:th,notto exceed forty (40) hours in a
calendar year, to participate in activities of the school attended by1:he child.
Such leave:
•
•
•
is unpaid
requires not less thanfive (5) days prior notice to the District --less
may be required with mutual consent of the parties
may be denied by the Oistrict if the absence would create an undue
hardship for $e District
•
File
z:WlllKnightsen ESD
CSEAlAgreement"20IO·2013"0523 I I"Gin
17
ARTICLE VI.
HOLIDAYS E:Q1ployeesshallqe entitled to the followingJourtet)n (14) holidays, provided
sllchhQlida.ys fall during the. nOI1nal work ~eekandprc;)Vided they are in a paid
·statusd~g . AAY portion of t~eworIqng A~y ~ediately preceding or
succ;eedingth~ noliday:
1.
New Year's Day 2.Ma,rtin Luther.King
Day -.'
-.'-,
,
File .
3.
LincolD.'s Day
4.
Washington's Day
5.
Friday of Spring Recess •
6.
Memorial Day
7.
Independence Day
8.
Labor Day
9.
Admission Day (or other day designated by the Board ofTrustees)
10.
Veterans' Day (or other day designated by the Board ofTrustees)
11.
Thanksgiving Day
12.
Day after Thanksgiving
13.
Christmas Day
14.
Day Before or After Christmas
.
B. When a holiday falls on a Saturday, the preceding workday not.a holiday shall
be deemed to be that holiday. When a holiday falls on Sunday, the following
workday not a holiday shall be deemed to be that holiday.
C. When any employee is required to work on any of these holidays, he/she shall
be paid compensation or given compensatory time offfor such work in addition
to the regular pay received for the holiday, at the rate of time and one-half of
the regular rate ofpay.
z:120111Knighrsen ESD
CSEAlAgr.....nt"201<l-2013"OS231 l"Cltl
18
D. Teacher Training Days
A school year classified employee shall work:
•
';one .hundred eighty (180) student attendance days for children
, (whether they are student contact days or teacher training days); plus
•
up to three (3) additional days ifdesigruitedbythe District as "teacher
. work days."
No school year classified employee will work on, or be paid for, a teacher
training, day that is in addition to those specified above.
E. Holiday !Eligibility
Exceptlias otherwise provided in this Article,an employee must be in paid
status o~ the working day immediately preceding or succeeding the holiday to
be paid:;for the holiday.
F. Employees who are not normally assigned to duty during the school holidays
of Christmas Eve, December 25, New; 'Year's Eve,'January 1, or Spring
Vacati'Oh Day shall be paid for those holidays provided that they were in a paid
status during any portion of the working day of their normal assi.gnment
immediately preceding or succeeding the! holiday; .
.:
file z:1201l\Knigbtsen ESD
i,
CSEAlAgreement"201()'2oI3"'OS2311~ 19
ARTICLE VII.
VACATIONS A. Full-time twelv~(12).month¢mployeessh.all ~ccrue 5/6 day of vacation for
each month worked (i.e., ten (10) days per year) during the fIrst four (4) years
of service; After completion of four (4) years of service, the employee shall
accrue fifteen (15) days vacation; a;fierGompletion of eleven (11) years, the
employee shall accrue twenty (20) days vacation; after completion of twenty­
five (2S} years, the employee shall accrue twenty-five (25) days vacation.
B. Paid Vacation
Except as otherwise ,provided in this Article,paid;vaca~ion shall be granted no
later than the fiscal year immediately following the fiscal year in which it is
earned. Where desired by the employee an<lapproved.by the Superintendent,
the paid vacation shall be granted in the fiscal year in which it is earned. Part­
time and school-year. employee~.s.haILbe entitled to prorated vacation.
Vacation for schoQI-year employees.sball be paid in.an annuallmnp sum.
C. Vacation Pay
,Pay for vacation days for all :bargaining unit employees shan be the same as that
which theemployee·wouldhaveff{X:eivedhadhe/she.been in a working status.
D. Vacation· Pay UQon Tennination'
When an employee in the bargaining unit is terminated for any reason, he/she
shall be entitled to all vacation pay earned and accumulated up to and including
the effective date of the termination.
E. Vacation shall be scheduled by the Superintendent.
F. An absence slip shall be turned in at the completion ofthe employee's vacation
period.
G. Unused vacation up to one (1) week may be carried over to the following year.
•
File
z:\2011IKnightsen ESD
CSEA\Agreerocnt"2010-2013"0523 1I"C1n
20
CEDURE
ARTICLE VIII.
A.
Emplo~ees shall be evaluated by their imme~ate supeIiVisors.
B. •
ofFonnalEvaluation .
1. I::
Probationary employees shall be evaluated at the end of the second
i i and fifth months of service.
!1:
lj(; 2. .
·..
·,1
~I:, Pennanentemployeesshall be evaluated annually.
~f'i
3. i!
Employees may be evaluated more frequently than once a year iftheir
a need to improve or unacceptable performance.
·.11!:, supervisor detects
C. Evalua~on reports shall be made on forms provided by the District Office. The
ill,
evaluat~r shall present the report
to theemployee;1;lli4di:scuss it witblhim/her.
The dis~~ssion shall include discussions ofrecommendations for improvement
as neces,sary. The form shall be signed by the employee to indicate receipt, and
he/she ~~all be given a signed copy. t\copy shallbeflled in the employee's
file.
);.
D. An emp~oyee who is not satisfied with hislher evaluation report may write a
rebuttalfuwhich shall be attached to the evaluation and be.come a part ofhislher
personn~l file.
E. Derogatpry material shall not be filed in the personnel flle unless and until the
employ~e is given notification and an opportunity to review and comment
thereon.;; An employee shall have the right to enter and have attached to such
derogatq1y material hislher.own· comments;. Such review shall take place
during n~rmal business hours and the employee shall be released from duty for
thisp~ose.
;1:,
File
z;120111KnIghtsen ESD
CSEAlAgr......nt"201()"20i3"0523I i "eln
21
ARTICLE IX.
A. B. TRANSFERS, REASSIGNMENTS, AND!PRQMOTIONS
Definitions
L
A "transfer" is ji,cbaugeof·assigp,me:p,tftom one position in a
classification to ·m~t1J.~r positionwitJibi the same classification.at a
different job site. .
2. A "reassignment" is a change from one position in a classification to
another position in the same classification, at the same site, but with
the same or an increased number of hours .
. 3. . A ''pr.omotion'' is a change·.from,a lower classification to a higher
classification.
Posting ofVacancies '
Announcements ofyacancies· shall he posted at>the:District Office StaffRoom
for five (5).calendar.days.
C. The Announcement Shall State L "
Position title 2.
Number ofhours regularly assigned
3..
Salary
4. Description ofduties '"
D. An employee who applies for a specific Nacancy;, shall be entitled to be
interviewed, provided he or she is qualified for the position.
E. In evaluating an employee request for transfer/reassignment/promotion or a
District-initiated transfer/reassignment, the District shall consider tliefollowing
factors:
file L
Needs ofthe District;
2.
Efficiency of operations; 3,
Qualifications of the individuals who are being considered; 4. Date of initial employment; and
z:U011IKnightsenESD
CSBA\Agreement"2010-2013"OS2311"Cln
22
5.
F. Such other factors as the Superintendent dye~s appropri~te.
An em1?loyee may submit a written reqll;esttobe:)lQFified of va(1ancies in
specifi~ classified classifications which arise during such employee's absence
oflnot .~exceed twelve (12) calendar months. (Sl\lDll,lerbreak, vacation or
approv~dJeave ofabsence).The employee shall thenlb~ sent a copy, at hislher
last kn~wn mailing, address, of announcements ,o~ vacancies in those
classifi~ations which arise .during stloh pe;riodqf absen~.
",\2011\Knightsen ESD
CSEA\Agreement"201 ()'2013"OS231 1"ChI
23
ARTiCLEX.
A
SAFETY
District Compliance
The-District shall comply with all safety-requirements imposed by state or
federallaw:orregulations adopted under state'or:federallaw. Employees who
are required by the DistricHoworkwith hazardous ,equipment or materials
shall be provided with safety clothing and eqilipment as required by applicable
law and regulations.
B.
No Discrimination
No employee shall be in any way discriminated against as a result ofreporting
any condition believed to be a violation ofthe above Paragraph.
•
File
z:1l0111Knightsen ESO
CSRA\Agreoment"lOl0-2013"<1S2311"Cln
24
.. ARTICLE XI. ORGANIZATIONAL RIGHTS
Employee organizations shall have the right of access :at reasonable times to
areas irt which employees work, the right to use institutional bulletin boards,
mailbo*es and other means ofcommunication~ subject td reasonable regulation,
and thetrightto use institutional facilities at reasonable times for the pmpose
of meetings concerned with the exercise of the rights guaranteed by this
Chapter.
A reas<>,nable number of representatives of an exclusive representative shall
have th~ right to receive reasonable periods of released time, without loss of
compeIl!Sation, when meeting and negotiating and for the processing of
grievanges.
The District will provideCSEA with an employee status report each October 1
for all b\ttgaining unit members and~ thereafter. when anew employee is hired
or an disting
employee separates ·from service.
,.
,
i·
/ . .'1
,....
fil.
z:\2011lKnigbtsen ESD
CSEA\Aglwnent"201()'2013"OS2311~
25
ARTICLE XII.
A.
Salaries
", B.
SALARIES
,,':
Employees in the bargaining unit shall .be paid,at .the appropriate step and
. range, pursuant to. the salary schedule which is attached as Appendix "D."
Paychecks
All regular paychecks of employees in the bargaining unit shall be itemized to
include alLdeductions and o:vertime.
C.
Frequency - Once Monthly
All employees in the bargaining unit shall bepaid Qnce .a month, payable on or
before the last working day . o fthe l)1onth. If.the.. normal pay date falls on a
holiday, the paycheck shall be issued in the preceding workday, if possible .
D.
..
Payroll Errors
Any payroll error resulting in insufficient payment for an employee in the
bargaining unit shall be corrected by the District and submitted to the County
within five (5) working days.
E.
Special Payments
Any payroll adjustment due an employee in the bargaining unit as a result of
working out of class, recomputation of hours, or other reasons other than
procedural errors, shall be made on the next regular paycheck.
F.
Lost Checks
Any paycheck for an employee in the bargaining unit which is lost after receipt
or which is not delivered within five (5) days of mailing, if mailed, shall be
reported by the District to the County on the day the District is notified by the
employee, and shall be replaced as soon as the County processes said check.
G.
Physical Examinations
The District agrees to provide the full cost ofany medical examination required
as a condition of employment or continued employment, including but not
limited to, the provisions outlined in Education Code section 45122 or its
successor.
File
z;\2011\J<nightse. ESD
CSEAlAgreementA20lQ-2013"OS23 I I"eln
26
H.
Salary on Appointment
1. Initial- New employees will typically be placed on the fIrst step of
the range for the classifIcation..
2. Additional/Other New - An employee in the bargainin'l; unit who
receives an additionalappointment~ or who moves to another non­
promotional classifIcation, shall be placed at the first step ofthe new
.range unless paragraphs a) or b) below apply.
3. I.
a) If the employee possesses more than one (1) year of
qualifying experience in the new classifIcation, these years
shall be credited, year for year, up to placement on step
fIve (5).
b) If the employee possesses more than two (2) years of
employment in the District, these years shall be credited, two
(2) years equals one (1) year, up to placement on step
three (3).
Promotion - A permanent employee in the bargaining unit who
receives a promotion to a higher classifIcation shall be placed on that
step in the new range which affords at least a one (1) step increase.
Working Out-of-Class Pay
1. When a regular employee is assigned or knowingly permitted by the
Superintendent to perform the duties of an established position of a
higher classifIcation during hislher regular work hours, the
employee's salary will be adjusted upward in accordance with the
criteria set forth below:
a) 2. File
z:120111Knighlsen £SO
CSEA\Agreement"20l()'2013'052311"Cln
lfthe assignment is for fIve (5) or more days in any fifteen
(15) calendar day period, the rate ofcompensation shall be the
employee's regular rate ofpay plus fIve percent (5.0%), or the
difference between Step 1 of the employee's regular range
and Step 1 ofthe temporary range, whichever is less.
If the employee is assigned to perform the duties of a lower
classifIcation during hislher regular work hours, the rate ofpay shall
be the employee's normal rate ofpay.
27
1.
Longevity Increments
. Bargaining:unit members s4al1, as a longevity increment, receive additional
compensation.
1. The increment $hall he calculated,!LS a percentage of the rate of pay
received for anypositiQnheld..
2. The longevity increment shall be effective at the commencement of
the month of continuous service as shown in Appendix "C" on page
Sl. •
•
File .,1201 JlKnightsen £SD
CSEAlAgrecment"2010-2013"()S23 I I"eln
28
•
ARTICLE Xill.
A.
HEALTH AND WELFARE BENEFITS,
Benefits for Active Employees
Employees in the'bargainingunifshall receive the fringe benefits set forth in
Appendix "8;"
'
B.
Transition Coverage
Pursuant" to Federal Law (COBRA), an employee who terminates or is
terminated (except for gross misconduct) is entitled to continue group health
plan coverage at the group rate for up to eighteen (18Jmonths.
An employee's spouse, fornier spouse, or dependent child may have
1. a right to continued coverage for up to thir1:y-six (36) months.
"",,'
2. All such continued coverage is at the sole cost of the employee or
other qualified individuaL
'
3. COBRA specifically provides that continued coverage may be subject
to an administrative fee (up to two percent [2%] of the monthly
, premium cost). Any such fee will be established in accordance with ,
COBRA and applicable regulations.
.
,
.
File
z:12011\Kniglllsen ESD
CSEAlAgreemelll"201{)"2013"O52311 "Cln
29
'i
ARTICLE XIV.
A.
GRIEVANCE PROCEDURE
•
Pm:pose
1.
This gieyance p~oce4ure shallbe"usedj~ process and resolve
grievances arising under this Agreement.
2. The purposes of this procedure are;
a) 'Fo
equitably resol'\ie
grie:v,fIll~(ls
r
informally at the lowest
possib~eleyel.
b) B.
C.
Deflnitions
1.
A "grievance" is an l:j.lleg<;:d,yiolation, misintelpretation or
misapplication ofthe express tenns ofthis Agreement which directly
and,advers~ly meets" the gJie"ant. Matters for which a speciflc
Inethodof revie\V,is provi9.erl. by law or by the terms of this
Agreement.are not within the ~cop(!.of this procedure.
2. A "grievant" is a member (or members) of the representation unit
covered by this Agreement who flIes a grievance.
3. A "day" is any day in which the District Office is open for business.
Time Limits
Informal Level
The grievant shall initially meet with the Superintendent in an attempt to
resolve the grievance informally.
E.
Level I - Superintendent
1. If the informal discussion fails to resolve the grievance to the
satisfaction of the grievant, a formal grievance may be SUbmitted in
writing to the Superintendent no later than twenty (20) days after the
event or circumstances occasioning the alleged grievance.
File z:1201 l\Knightsen £SD
CSEAlAgreement"2010-2013"OS23 I1"Cln
r
To provide an orderly procedure for reviewing and resolving
grievanc~spromptly.". "
Every effort shall be made to complete action within the time limits contained
within the grievance procedure; time limitations may be shortened or extended
by written agreement of both parties.
D.
r
r
30
r
F.
G.
File 2,· The fonnal· grievance shall be a clear, concise statement
. of the
grievance citing specific sections ofthe Agreement allegedly violated,
misinterpreted or misapplied, the circumstances involved, and the
specific remedy sought.
. 3. Within ten (10) days after the filing of the fonnalgrievance, the
Superintendent shall investigate the grievance and give hislher
decision in writing to the grievant
Level II- Board ofTrustees
1. If the grievant is not satisfied with the decision rendered at Level I,
he/she may appeal the decision within ten~lO) days to the Board of
Trustees. The grievant may file a copy with the Association.
2. The appeal shall include a copy oftheoriginal grievance, the decision
rendered at Level I, and a clear, concise statement of the reasons for
the appeal.
3. Within thirty (30) days after the appeal is filed, the Board ofTrustees
shall render its detennination of the grievance and shall, within ten
(10) days after its determination, 'give its decision in writing to the
grievant.·
Alternative Level 11- Advisory Arbitration
1. Instead ofan appeal by the grievant directly to the Board ofTrustees,
the Association may, on behalf of the grievant, appeal the Level I
decisionwithin ten (lO}days to advisory arbitration. The appeal shall
include a copy of the original grievance, the decision rendered at
Level I, and a clear concise statement ofthe reasons for the appeal.
2. The parties shall select a mutually acceptable advisory arbitrator. In
the· event they are unable to agree on an advisory arbitrator within ten
(10) days of the submission of the grievance to arbitration, the
arbitrator shall be selected from a list submitted by the State
Mediation and Conciliation Service. If the Association and the
District cannot agree on an arbitrator from the list, each party shall
alternatively strike names until only one name remains.
3. The arbitrator shall conduct a hearing at which both parties may
present evidence. After concluding the hearing, the arbitrator shall
prepare a report listing 'the issues, the pertinent facts found at the
lrciaring,.anda recommendation forresolution. This report shall be
sent to ' the Board of Trustees, with copies to the grievant, the
Z!\20lllKnightsen ESO
CSEAlAgreementA201t}.2013"052311 "Cln
31
Association. and the SuperintendentJ The cost of the arbitrator shall
be borne . equally by .the.. District. ,and the Association. All other
. expenses shall:be bomeby the party incurring them.
If the District or the Association is not satisfied with the
recommendation(s)ofthe arbitrater,the matter shall be referred to the
Board ofTrustees within ten (10) days after receipt ofthe arbitrator's
report The Board: shall, within thirty (30) days after said referral,
render its detennination of the grievance and shall, within ten (10)
days after its detenninatiPIl, giv~;its ~c~sion, in writing, to the
grievant
4. . H.
File
Miscellaneous
1. Response - If the District fails to respond to a grievance ·within the
time limits speeified for the, level,the grievant shall have the right to
appeal. to the next leveL .
2. Conference - Grievants shall have the right to a conference, upon
,.request, at each level.
3. Records - All., records. of the prpceeding shall be retained by the
District in a separate grievance file ..
4. Reprisals.- Ne reprisals shallbe,take119ypra,g;:tinst any par:t,icipant in
a grievance procedure by reason of such participation.
5. " Representation - Each.partyshall be accompani~ by a conferee at all
levels ofthe grievance procedu,re.
6,
Pay - Agrievant required by the District to absent himselt7herselfby
reasons ofthese grievance procedures shall not suffer any loss ofpay.
. Th.egrievant's representative shall be entitled to reasonable release
. time to present. the grievance to; the Superintendent or his/her
designee and the ,advisory ar~itratorpursuant to this procMure.
7.' Time Limitations ..,. Failuretoapp~l a decision within the specified
time limits shall be. deemed an ac.ceptance ofthe decision.
8. Fonns - Forms for filing and processing grievances shall be prepared
jointly by the District andthcc Asso.ciation.
9;. Grievance Without Intervention:-,An employee. may present a
grievance. and have the grievance adjusted without the intervention of
the Association as long as· the. adjustment is made prior to an appeal
z:1201 l\KIIiglllsen ESD
CSEAlAgreernent"20IO·2013"OS2311 "eln
32
to. Alternative Level J:I,(adviso.ryarbitt~tio:9)aJ1d is not inconsistent
with the terms o.fthis Agreement; providedthat the District shall no.t
agree to. a reso.lutio.n o.f the grievanc~1l9:til the Associatio.n has
received a Co.Py o.fthe grievance and the pro.Po.sed reso.lutio.n and has
been given the o.PPo.rtunity tofile.a.resPo.nse.
10. File z:\2~11\Knightsen
. Discharge o.fDuties - The .grievant shall co.ntinue to. discharge hislher
duties andco.mply with the;directio.n o.f the administratio.n until the
grievance is reso.lved.
ESD
CSEA\Agreemen!"201O-2~13"OS2311 "eln
33
•
ARTICLE XV.
A. .
·LA¥OFEOFUNIT MEMBERS
DefInitions .
1. 2. !
,;
. Seniority
a)
Senioritys1iaHbe detenruned by the date Q.f District
.employment in aprobationaly or permanent status.
b) Seniority shall include service in the class from which layoff
occurs and in higher classes.
Bumping
For purposes of this Article, bumping is defIned as the displacement
of a junior employee by a more senior employee to avoid either the
layoff or a reduction in hours of the senior employee.
3. Reduction in Hours
A reduction ofthe hours assigned to an employee's position, which
is not consented to by the employee, shall be considered a layoff
under the provisions of this Article. A decision to reduce an
employee's hours of employment creates a bargainable obligation.
This does not, however, apply in the case of a layoff and resulting
"bumping. "
B.
File
Application
1. Unit members shall be subject to layoff by the Governing Board for
either lack of work or lack of funds.
2. The District shall give written notifIcation to CSEA at least forty fIve
(45) days prior to the effective date of the layoff.
3. Upon request, the District and CSEA shall meet and negotiate
regarding the effects of the layoff as required by PERB.
4. Unit members who have been given notice oflayoff shall respond in
writing within ten (10) calendar days after receiving such notice, of
their intent to exercise seniority rights for displacement.
5. In accordance with the Education Code, an employee subject to layoff
shall be laid offin reverse order ofseniority (employee(s) possessing
least seniority within the affected classifIcation shall be laid offfIrst) .
.,\2011 \Knightoen ESD CSEA\Agreement"201()'2013"0523I 1"C1n
34
.
",
.':
'
•
When there is more than one (1) employee with the same date ofhire,
seniority ofthose employees shall be detennined by the date ofhire
in the class of layoff plus higher classes.
6. A unit member whose position has been eliminated, or whose hours
have been reduced, or who has heen bumped from his/her present
position may bump a less senior employee in a position of equal or
less hours (i.e. same job profile) within his/her classification. If no
such position is available, the unit member may bump into a position
ofthe same job profile in an equal or lower classification in which the
employee previously gained . permanent status provided his/her
seniority is greater than the least senior employee in that equal or
lower class.
7.
An employee displaced from his/her classification as a result ofbeing
bumped shall have the same bumping rights as set forth in 11.1.2.6
above..
•
8.
Employees laid off because of lack of work or lack of funds are
eligible for reemploymeut for a period ofthirty-nine (39) months and
shall be reemployed. in preference to new applicants.
a) In addition, such employees laid off have the right to be
considered for promotions within the District during this
period oftime. ,
b} . A permanent employee mayvoluntarily consent to a reduction
in hours of employment, or to an assignment to a lower
classification, in order to avoid layoff.
•
9.
An employee who has been laid off, and is subsequently reemployed
from a valid re-employment list, shall retain that seniority and status
earned prior to the effective date of the layoff.
a) File
z:12011IKnigiltsen ESD
CSEAlAgreement'201O·2013'052311"Cln
Employees who take a voluntary demotion or a
. voluntary reduction in assigned time in lieu of layoff
to remain in thCiir present positions, shall be granted
the same rights as persons who are laid off and shall
reWil.eligibility to be considered for reemployment
for an additional period of twenty-four (24) months
(total sixty-three (63) months).
•
The period of actual layoff shall, however, be "fa,ctored" out.
35
b) . C;
Fil<
This revised: seniority shallhe utilized to compute entitlement
to vacation accrual, longevity steps, and other benefits and
burdens which are'specifically mandated by. the Education
Code.
OfferofReemployment
1. The names:ofunit members who have been laid offshall be placed on
reeinploymentlists hy classification.
. 2.· Offers ofreemploymentshaUhemade from the reemployment list(s)
based on the highestseniority..
a) Offers shall be made until the unit member has been made
"whole" based on hislherjoh profile at the time of layoff.
h) Job profile is hours per day and days per year (total annual
hours).
•
3. Unit. members· shall be notified.· of offers of reemployment by
CertifiedlRegistered Mail at the employee's last known address of
record. It is the employee's responsihility to maintain an accurate
address on file with the· District.
4. A unit member shall give written notification to the District ofhislher
intent to accept or refuse reemployment within ten (10) calendar days
following mailing ofthe offer of reemployment. Failure to respond
. '. by the employee shall be deemed a refusal ofthe reemployment offer.
5. A unit member on a reemployment list may decline three (3) offers of
reemploymerrtiuhis/her fonner classification. After the third refusal,
no additional offers need be made except that an employee may,
during the period' ofentitlement, notify the District ofavailability and
shall; thereafter be entitled to offers of employment for which the
employee iseligihle. •
z:12011IlCnights... ESD
CSEAlAgreementA 20lo.2013A05231 l"Cln
36
ARTICLE XVI.
A.
PROFESSIONAL GROWTH PUI]ose
This program for professional growth is designed to be a tool to assist a unit
member.. to improve perfonnance in hislher assignment or to prepare for
advancement. Therefore, professional growth should be part ofan overall plan
for self improvement.
B.
Awards
A maximum of three (3) awards can be earned by a unit member.
C.
1. Each.award shall be three percent (3%) of the employee's annual
contracted..salary.The award. shall not be applicable to overtime,
extra hours, etc.
2. There must be a three (3) year interval betw~n awards.
Method
A unit member who submits evidence ofnine (9) semester units ofapproved
course work shaUquaJify for an award. .The course work may be taken at a
college, community college, adult school, approved inservice program,
approved trade school, a distance leaming course, workshGp, or any
combination thereof.
1. Seven (7) ofthe nine (9}:semesters units of course work shall relate
<iiregtly to. the employee's job.. Th~remaining two (2) units may be
composed ofapproved general education courses provided they are
designed to improve petsonal competence.
2. A unit member· considering course work must have the
Superintendent, or designee, approve the contemplated course(s) prior
to enrollment.
3. Course work may not be duplicated:
.
.~
4. .:\201 !\l<nightsen £SO
CSBA\AgniemeIlt"201{)'201~52311"C1n ~
Upon completion-ofthe approved course work, an official transcript
or other official verification ofcompletion ofthe course or workshop
shall be submitted to the District office for recording purposes .
37
D.
5. All changes in professional .gro\:Vth.irlcI~e.nts shall, be ·effective
July 1. A unit member who plans to receive professional growth
increments for the coming yea;r mustpr~xi~d¢ written notice to the
Superintendent notlater than May 15. Proofofsuccessful completion
of courses ·takenafter the written noyfication must be provided not
later than, September.l·inorder to receiveithe professional grown
award that year. .
­
6. A unit member shall not receive professional growth credit for
attending a workshop for which he/she. is reC!e.iving pay orfor which
the District has paid the tuition or fees.
•
7. Course work which is taken to maintain a credential or certificate
which is a condition of continued employment (e.g. a bus driving
, certificate or a lifeguard certificate}shall not qualify for professional
growth increments.
' Semester Units
1. All professional growth credits shall be ~corded in semester units.
College credit which is granted in quarter units shall be converted
into semester units: atthe·ratio· of: one (1) quarter unit is equal to
2/3rds of one (1) semester unit.
2. Credit for adult education, workshops, inservice or other non-college
courses shall be as follows:
TotalHours of.CC)u..se.IDm:uctioIK'·) ,.
,"
,',
'
4.5 to 8 houts
,
z;12011lKnighlSeD ESD
0.25
~
,-'"
0.5
15.to 19; h9UIS'
1.0
20 to 29 hours
1.5
30 to 39 hours
2.0
40 to 49 hours
2.5
50 hours and over
CSEAlAgreetnelll"2010-2013"05231 !"Cin
.
\
9 to 14 hours
;
File
,,'
Seme.ster UDits ofProfessioDal
' Growth Credit
3.0
;
38
.
ARTICLE XVII.
CONCERTED ACTIVITIES A. There will be no strike, workstoppage, slowdo\VIl, sickout, picketing, work-to­
rule or refusal or failure to fully and faithfully perform job functions and
responsibilities, or other interference with the operations of the District by
CSEA or any of its officers, agents or members during the term of this
Agreement, including compliance with the requests ofother labor organizations
to engage in such activity.
B. CSEA recognizes the duty and obligation ofits representatives to comply with
the provisions ofthis Agreement and to make every effort toward inducing all
employees to do so. In the event ofa strike, work stoppage, slowdown, sickout,
picketing, work-to-rule, or other interference with the operations of.the District
by employees who are members ofthe unit represented by CSEA, CSEA agrees
to take all necessary good-faith steps to cause those employees to cease such
action.
C. Any employee violating this Article is subject to discipline up to and including
dismissal by the District.
D. 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 andlor CSEA.
"
File
z:12011lKnigh..enESD
CSEA\Agreanent"2010·2013"OS23II"C1I1
39
ARTICLE XVID.
COMPLETION OF AGREEMENT
This is the entire Agreement between the District and CSEA on matters within
the scope ofnegotiatio11S.
FUe
z:\2011IKnigbtsen BSD
CSEA\AgreemeIl1"201il-2013"OS2311"C1lI
40
ARTICLE XIX.
A.
TERM
Duration
This Agreement shall remain in full force and effect from July 1, 2010 through
and including June 30, 2013.
B.
Reopeners
L
2010/2011
None
2.
2011/2012
Salary, benefits plus two (2) articles or topics of
bargaining selected by each party.
3.
2012/2013
Salary, benefits plus two (2) articles or topics of
bargaining selected by each party.
z:\2QlllKnigbtsen ESD
CSSA\Agreement"2Ql{)"2Q13"052l11"C1n
41
SIGNATURE PAGE DATED: ___________________
DATED: ______________------­
FOR KNIGHTSEN ELEMENTARY
SCHOOL DISTRICT
FOR CALIFQ.iWIA,S.,CHOOL EMPLOYEES
ASSOCIATION
•
File
z:12011IKnightsen ESD
CSBA\Agreement"20Io.2013"052311"C1n
42
APPENDIX" A"
KNIGHTSEN ELEMENTARY SCHOOL DISTRICT
Positions Included In the Classified Bargaining Unit
Bus Driver
Bus DriverlMechanic/Grounds
CustodianlMaintenance
Instructional Aide
Master Plan/Clerical Aide
Library/AV Clerk
Food Services Coordinator
Cafeteria Helper
Accounting Clerk
Office Clerk
•
•
File
z:120! llKnighUon BSD
CSEA\Agyeement"2010.2013"0523IIACIn
43
,. APPENDIX "B" KNIGHTSEN ELEMENTARY SCHOOL DISTRICT
. Classified Employee Benefits .'
2010/2011
The District shall provide bargaining unit employees with Fringe Benefits as set fQrth in this
Appendix.
A.
Dental Insurance.
The District shall provide full-time employees and dependents with the option'to enroll in
a dental plan. Enrollment may be required by the provider.
B.
Vision Care Plan
The District shall provide full-time employees and dependents with the option to enroll in
a vision care plan. Enrollment may be required by the provider.
C.
Medical Insurance
The District shall, subject to availability, provide full-time employees and dependents with
the option of enrollmg in:
ANY HEALTH PLANS AVAILABLE TO THE DISTRICT
THROUGH CalPERS
..
D.
IRC Section 125 Plan
1.
The employer shall "fund" the 125 plan as follows:
a.
Flle
For a full-time employee enrolled in medical, dental, and vision plans:
1)
employee only: 2)
employee plus one; $ 465.57/month
$5,586.84/annualized
3) full family:
z;\2011\KnJghtscn ESD
CSEAlAgreement'2010-2013"0523II "Cln
$ 281.l4/month
$3,373.68/annualized
$ 6l8.65/month
$7,423.80/annualized
44
, b.
For a full-time employee not enrolled in medical:
1)
, , ,all family sizes:
2) 3) E. $ 130.00/mcmth,
$1,560.00/annualized
',' In lieu of medical premiums
Plus, for all family sizes, the following amounts if enrolled in the
plan:
Dental $ 77.01lmonth
$924. 12/annualize.d '
Vision $J9.70/month
$236.40/annualized
To receive the benefit set forth in D.I.b., the employee must present
to the District written evidence of comparable alternative medical
coverage.
Part-Time Employees
Part-time unit members may participate in the District group medical, vision, and dental,
plans, subject to the following:
'
F. File
1. A bargaining unit member who works at least fifty perct;:nt (50%) of a full-time
assignment shall receive from the District a pro-rated portion ofthe IRe Section 125
Plan amount. For example, if a bargaining unit member is employed eighty percent
(80%), he/she shall receive eighty percent (80%) ofthe appropriate IRC Section 125
Plan amount.
'
2. Participation shall be subject to lawful rules ofthe insurance provider and payment
of the remaining balance by the employee through payroll deduction.
Summer Months
1. For each full-time ,employee who is cOhtracted to work at least an entire school ye&"
(Le., all student attendance days), the District shall fund the IRC Section f25 Plan for
twelve (12) months.
2. Part-time employees who work an entire school year shall be entitled to receive pro'­
rated IRe Section 125 Plan amount for twelve (12) months .
• :\20 II lKnigbtsen ESO
CSEAlAgreement'201()"2013"052311'C1n
45
APPENDIX "C"
KNIGHTSEN'ELE:MENTARYSCHOOL DISTRICT
. Lon&evity Pay
A.
2.0 percent of base salary after completion of 10 complete, consecutive years of service.
B.
4.0 percent ofbasesalary.after completion of 15 complete, consecutive years o£service.
C.
6.0 percent of base salary after completion of 20 complete, consecutive years of service.
D.
8.0 percent of base salary after completion of25 complete, consecutive years of service.
Note: These sums are not cumulative.
.
.,' .
:,,:;
File
2:\201 l\Knightsen BSI) CSEAIAgrmnent"20l()'2013"O523I 1"C1n
46 APPENDIX "D"
KNIGHTSEN ELEMENTARY SCHOOL DISTRICT HSSSALARYSCHEDULE 2010-2011
Range
Paid
Days
Step 1
Step 2
Step 3
. Step 4
StepS
I
Instructional Aide
188
12.32
12.92
13.54
14.28
14.97
2
Special Education Aide
188
12.92
13.54
14.28
14.97
15.70
Bilingual Instructional Aide
188
12.92
13.54
14.28
14.97
15.70
Migrant Aide
188
12.92
13.54
14.28
14.97
15.70
3
Cafeteria Worker
188
13.63
14.30
15.03
15.75
16.59
4
Cafeteria Manager
188
14.22
15.03
15.75
16.60
17.39
5
Bus Driver
188
15.82
16.57
17.43
18.32
19.25
6
Account Clerk
253
15.04
15.82
16.57
17.43
18.32
7
School Secretary
205
14.82
15.56
16.31
17.13
18.04
8
CustodianlM&O
253
15.74
16.53
17.34
nU5
19.09
9
Librarian!A V Clerk
209
14.82
15.56
16.31
17.13 •
18.04
10
Special Education Clerical
188
14.02
15.49
15.49
16.25
17.06
13.54
14.28
14.97
11
Office Clerk
12.32
12.92
188
LONGEVITY: 2.0% for 10 years of complete, consecutive service
4.0% for 15 years ofcomplete, consecutive service
6.0% for 20 years of complete, consecutive service
8.0% for 25 years of complete, consecutive service
. Range
1
Campus Supervision
"
Paid
Days
Step 1
Step 2
Step 3
Step 4
StepS
188
11.11
11.64
12.21
12.86
13.49
'.
•
rile z:12011\Knlgbt>en I5SD
CSEAlAgreemeDtA2010-2013"OS23 I I ACIn
47