ARTICLE 25: EFFECT OF AGREEMENT
Complete understanding: The terms and conditions set forth in this Agreement represent the full and complete understanding between the parties hereto. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of the parties in a written amendment executed according to the provisions of this Agreement. This Agreement terminates and supersedes those past practices, agreements, procedures, traditions and rules or regulations inconsistent with any matters covered herein. However, existing policies, rules, regulations, practices and procedures which are consistent with this Agreement are not modified. The parties agree that during the negotiations which culminated in this Agreement, each party enjoyed and exercised without restraint, coercion, intimidation or other limitation, the right and opportunity to make demands and proposals and counter proposals with respect to any matter not reserved by policy or law from compromise through negotiations and that the understanding and agreements arrived at after the exercise of that right and opportunity are set forth herein.
ARTICLE 26: DURATION
This Agreement shall be effective as of September 1, 2016 and shall remain in full force and effect up to and including August 31, 2018. The parties recognize the importance of recruiting and retaining bargaining unit members and to that end agree to reopen the following articles for the 2017-18 school year: Article 18 (Compensation), Article 19 (Health and Welfare Benefits), and Article 28(F - Compensation) and (G – Health and Welfare Benefits).
In addition, the parties may reopen for the 2017-18 school year the following articles: Article 12 (Evaluation Procedures), Article 13 (Teacher Advisors), Article 14 (Hours and Work Year), Article 16 (Leaves) related to the creation of a catastrophic leave bank and Article 16(D) – Unpaid FMLA/CFRA Leave, Article 28(B – Evaluation Procedures), and one non-economic article of each party’s choosing.
ARTICLE 27: CALENDAR
A. This District will develop a suggested calendar for the subsequent school year and present it to the Association as early in the school year as possible.
B. Within 30 days, the Association will either affirm the proposed calendar or submit an alternative calendar for consideration by the District.
C. If the Association submits an alternative calendar, the parties will attempt to reach mutual agreement on a calendar, within the next sixty (60) days.
D. Both parties will submit the agreed upon calendar to the Board for final approval. If the parties cannot reach mutual agreement on the calendar, the Board will determine the final calendar.
E. If changes in programs, grading periods, or law demand modifications of the school calendar, the parties will re-enter the above process.
ARTICLE 28: ADULT EDUCATION
A. Employment Status
1. Full-Time Status
A full-time teacher is one who works at least thirty (30) hours per week for at least seventy-five percent of the days the regular schools are in session. For purposes of determining full-time status, the number of days of the school year is 180 school days, excluding summer school.
2. Complete School Year
A bargaining unit member who, in any one school year, has worked at least 75% (or 135 days) of the number of days the regular schools are in session, shall be deemed to have served a complete school year. The effective date of this calculation is the first date of paid service for each year worked in the District.
3. Probationary Status
Bargaining unit members who are employed for more than 60% of the hours per week considered a full-time assignment for permanent employees and who have worked 75% of the number of the days of the school year, but who have not yet served for two (2) consecutive complete school years shall be designated as probationary employees.
4. Temporary Status
A unit member who is employed to teach adults for not more than 60% of the hours per week considered a full-time assignment for permanent employees shall be classified as a temporary employee.
5. Permanent Status
a. Unit members who have been employed by the District for two (2) consecutive complete school years in a position requiring the employee to work more than 60% of the hours per week considered a full-time assignment for permanent employees and who are reelected for the next succeeding school year shall at the commencement of the succeeding school year be classified as permanent employees of the District.
b. The level of permanent status shall be equivalent to the average number of hours per week the bargaining unit member worked during his/her probationary period.
B. Evaluation Procedures
The Evaluation Procedures set forth in Article 12 shall apply to Unit B with the exception of the following. It is understood and agreed to by both parties that observations and evaluations as well as the implementation of improvement plans as set forth in Article 12 as it relates to Unit B unit members will be conducted in relation to the seventeen (17) Adult Education Instructor
1. Frequency of evaluation
The District will evaluate temporary bargaining unit members at least once in the bargaining unit member’s first two years of employment with the District and thereafter temporary bargaining unit members may be evaluated at the District’s discretion.
2. The Final Summary Evaluation
a. Unit members will receive a final summary evaluation detailing their progress in relation to the seventeen (17) Adult Education Instructor Competencies of the U.S. Department of Education, Office of Vocational and Adult Education.
Article 16 applies to Unit B unit members unless this Section contains conflicting language, in which case Article 28.C will supersede any conflicting Article 16 provisions.
1. Personal Illness and Injury Leave
a. Each unit member shall accrue one (1) hour of paid leave for personal illness or injury (“sick leave”) for each eighteen (18) hours of work. For bargaining unit members who work 1,080 hours per year this equates to ten (10) days of sick leave per school year. After a bargaining unit member has worked 1,080 hours per year, he/she no longer accrues sick leave for that school year.
b. If a bargaining unit member does not use the full amount of leave authorized in Article 28.C.1.a above in any school year, the amount not used shall be accumulated from year to year.
c. At the beginning of each school year every teacher shall receive a sick leave allotment for the school year. Full-time bargaining unit members shall be entitled to sixty (60) hours paid sick leave per year, to be credited at the beginning of the employment year. Part-time bargaining unit members shall be entitled to a pro-rated percentage of sixty (60) hours paid sick leave per year, to be credited at the beginning of the employment year. A teacher may use his/her credited sick leave at any time during the school year.
The remaining provisions of Article 16.A shall apply to Unit B unit members.
1. Teaching assignments are made at the discretion of the District. Bargaining unit members shall be considered for positions for which they are credentialed, experienced, and qualified.
2. The District also may, in its discretion, transfer, reassign, and/or determine the work location of a bargaining unit member. Such decisions may be made for reasons, including, but not limited to the following: program needs, budgetary considerations, levels of community interest/need, class enrollment, attendance, qualifications and experience of the employee, possession of teaching credentials, equipment and/or facility availability, and job market needs. If a bargaining unit member is transferred, reassigned, and/or has his/her work location changed, the District, will upon written request, provide a rationale for its action.
3. If a bargaining unit member is not assigned to a class that he/she worked in the previous term, the District, will upon written request, provide a rationale for its decision.
4. Assignment Notices
The District will provide tentative written assignment notices for the following school year to all bargaining unit members before the end of the current school year. The District will also provide tentative written assignments during the school year to unit members, as applicable.
1. For the purposes of Education Code section 22138.5, the annual number of hours of creditable service needed to attain a 1.0 STRS service credit shall be 1,080. Creditable compensation beyond 1,080 hours shall be credited to the Defined Benefit Supplemental Program. No bargaining unit member may earn greater than a 1.0 STRS annual service credit.
2. Bargaining unit members working 50% of full time, as defined in this Article, or more in one pay period shall be automatically enrolled and receive the appropriate pro rata percentage of a 1.0 STRS annual service credit.
3. Unit members working less than 50% of full-time may voluntarily enroll in STRS, if allowed under applicable law.
1. Each adult education teacher shall be assigned a specified number of classes to teach. Each class assignment shall consist of a number of unit-hours.
The District shall pay each unit member a wage, which shall be determined by multiplying the rate set forth in the schedule attached hereto as Appendix A by the number of unit-hours assigned to the unit employee. The rate per unit-hour of assignment, and the corresponding wage for unit members includes, as applicable, the employee’s classroom duties (or, in the case of non-classroom teachers, scheduled duties) as well as related professional duties. Such professional duties include, but are not limited to, the following: planning instruction; preparing lesson plans; preparing and selecting instructional materials; reviewing and evaluating the work of students; communicating and conferring with students, parents, staff and administrators; maintaining appropriate records; supervising pupils both within and outside the classroom; attending and cooperating in community and open house activities; participating in staff development programs, professional activities related to their assignment and otherwise keeping current with developments within their areas or subjects of assignment; and attending faculty, departmental, grade level and other meetings called or approved by the immediate administrator.
2016-17 School Year
The District agrees to provide a 4.0% increase to the salary schedule retroactive to August 1, 2016. The District will make all reasonable efforts to make the above payment no later than 45 working days from the date of full ratification of the parties’ collective bargaining agreement and subject to the County Office’s payroll processing procedures and regulations. The parties agree that working days for purposes of the above timing to make the payments, does not include September 5, 2016 (Labor Day) or November 11, 2016 (Veteran’s Day).
The District also proposes, effective August 1, 2016, to make the following changes to the salary schedule for Unit B bargaining unit members:
The District agrees to eliminate the current Step 1 and have Step 2 then become the new Step 1, Step 3 will become the new Step 2, etc.
The District agrees that it will then add a new Step 7 that will reflect a 4.0% increase above the new Step 6.
The District further agrees that to the extent that the District requires a bargaining unit employee to attend meetings beyond the duties/responsibilities contemplated by the unit-hour rate in Article 28.F, the District will compensate the bargaining unit employee at the unit-hour rate of $35 per unit-hour.
Unit members are eligible to receive an annual Master’s and Doctorate degree supplement in the amount of $2,052.00 upon filing with the District a copy of the appropriate degree(s) earned by the unit member in an accredited institution in the fields of education or in one of the teaching specialties offered in the District’s schools. Part-time unit members will receive a prorated amount of the supplement based upon the unit member’s full-time equivalency. Such filing must be made no later than September 10th of the school year in which the supplement is to be paid. The amount of the supplement will be increased by the same percentage increase as is agreed upon for the salary schedule in the applicable school year. This supplement shall apply to up to two advanced degrees and shall be paid in monthly installments as part of regular salary payments.
The remaining provisions of Article 18.A shall apply to Unit B unit members.
G. Health And Welfare Benefits
Except as provided below, Article 19 applies to Unit B employees:
The District offers each eligible bargaining unit member a fringe benefit package that includes medical, vision and dental coverage.
To be eligible for medical benefits in the PERS Health Plan, a unit member must be hired at 50% (15 unit-hours per week) or greater. Subject to the approval of CalPERS, coverage becomes effective the first day of the month following the date the District Business Office receives the completed Health Benefit Enrollment form, subject to the processing requirements of the carrier. Unit members working less than 50% are not eligible for participation in the PERS Health Plan. Part-time unit members working 50% or greater are eligible for pro-rata benefits (See Article 28, Section A).