73

NEGOTIATIONS CONTRACT

BETWEEN

SANTEE SCHOOL DISTRICT

AND

CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION

CHAPTER 557

Effective

July 1, 2010 – June 30, 2013

TABLE OF CONTENTS

ARTICLEPAGE

1AGREEMENT

1

2RECOGNITION

1

3MANAGEMENT RIGHTS AND BOARD POWERS

4

4ASSOCIATION RIGHTS

5

5ORGANIZATIONAL SECURITY

8

Membership in CSEA

8

Dues Deductions

8

Fair Share

8

Compliance

8

Objections Based on Religion

8

Hold Harmless Provision

9

6EMPLOYEE RIGHTS

10

Personnel Files

10

Employee Review of Personnel Files

10

Discipline

10

7GRIEVANCE PROCEDURE

14

General Provisions

14

Definitions

15

Informal Level

15

Formal Grievance Procedure

15

Level I

15

Level II

15

Level III

16

Level IV

16

8PROCEDURE FOR EVALUATION

19

9SAFETY

21

Safety Committee

21

Report of Accident

21

Unsafe Working Conditions

21

Use of Own Physician

21

Extreme Conditions

21

Table of Contents (Continued)

10HOURS

22

Workweek/Workday

22

Alternate Workweek

22

Overtime

22

Average Workweek

22

Meal Period

23

Work Year

23

Rest Periods

23

Standby Time

23

Call Back Time

23

Compensatory Time Off

24

Reduction Adjustment in Assigned Time

24

Leaving Assigned Job Sites

24

Summer Assignments

24

Out-of-School Time Programs

24

Transportation Department Procedures

25

Assignment of Bus Routes

25

Modification of Routes after Initial Bidding

26

Trip Assignments

26

Uniforms

27

Training

28

Health & Welfare Benefits…………………………………………….

28

Secretary II (School) and Student Attendance Clerk Work Year

28

11LAYOFF, REEMPLOYMENT, INVOLUNTARY REDUCTION IN

HOURS, AND THE IMPACTS AND EFFECTS OF SUCH MATTERS

30

Reasons for Layoff

30

Opportunity for Voluntary Transfer in Lieu of Layoff and/or Reduction

In Hours

30

Notice of Layoff

30

Order of Layoff

31

Bumping Rights and Involuntary Reductions in Assigned Time

31

Layoff in Lieu of Bumping

32

Equal Seniority

32

Voluntary Demotion or Voluntary Reduction in Hours

32

Impacts and Effects of Layoff

32

Table of Contents (Continued)

Improper Layoff

32

Election of Retirement Reemployment Rights

33

12HOLIDAYS

34

13VACATION

35

14TRANSFERS

38

District-Initiated Transfer

38

Employee-Initiated Transfer

39

Consideration of Voluntary Transfer Requests Prior to Public Posting

40

Posting of Notice

40

Medical Transfers

41

Interview Process…………………………………………………………….

41

Notification of Selection……………………………………………………..

41

15PROMOTION

42

16LEAVE PROVISIONS

43

General Provisions

43

Specific Provisions

43

Bereavement Leave

43

Child Care Leave

44

Industrial Accident and Illness Leave

44

Judicial and Official Appearance Leave

45

Maternity Leave

47

Military Leave

48

Paternity Leave

48

Personal Necessity Leave

48

Sick Leave

51

Sick Leave Donation

53

17COMPENSATION

54

Salary Placement and Classification

54

Reclassification

54

Length of Work Year for Step Advancement Purposes

54

Longevity

54

Professional Growth Program

54

Compensation

55

Units Required

55

Limitation

55

Table of Contents (Continued)

Grade Requirement

55

Eligible Units

55

Course Requirements

55

Procedures

56

Salary Schedule

56

Employee Mileage Reimbursement

56

Promotion to Higher Classification

56

2010-11 Salary Concession ……………………………

56

18HEALTH AND WELFARE BENEFITS

58

General Provisions

58

Maximum District Contribution Toward Employee

Health and Welfare Benefits

58

Required Coverage

58

Optional Benefits Coverage

59

Unused Benefit Monies

59

Plans and Carriers

59

Cost in Excess of District Contribution

59

Terminating Employees

59

Benefit Year

59

New Employees

59

Benefit Selection Sheets

59

Insurance Plans

60

Retired Employees' Health Benefits

60

Classified Employees Flexible Spending Account Plan

60

Intent of the Flexible Spending Account Plan

61

Flexible Spending Accounts

61

District Contribution to the Flexible Spending Account Plan

61

Forfeiture of Funds

61

Administration of Plan

62

Opt Out Program …………………………………………………

62

19NO LOCKOUT

63

20CONCERTED ACTIVITIES

64

Table of Contents (Continued)

21CONTRACT PROVISIONS

65

22TERM

66

APPENDIXES:

Ranges and Classification revised 12/20/11

67

Salary Schedule

68

Sick Leave Donation Guidelines

69

Jury Duty Deferral Form

70

Performance Evaluation for Probationary Classified Employees Form

71-72

Performance Evaluation for Permanent Classified Employees Form

73-74

Grievance Forms

75-81

Side Letter of Agreement 5/11/01

82

Side Letter of Agreement 9/8/00

83

Side Letter of Agreement 11/28/00

84

Side Letter of Agreement 3/14/05 ………………………………………………….

85

ARTICLE 1

AGREEMENT

This Agreement and the provisions contained herein constitute a bilateral and binding Agreement by and between the Board of Education of the Santee School District, hereinafter referred to as the "District," and California School Employees Association and its Chapter 557, hereinafter referred to as "CSEA." This Agreement is entered into pursuant to Chapter 10.7, Sections 3540 - 3549 of the Government Code.

It is understood and agreed that the specific language in the agreement shall prevail over District practices and procedures. To the extent the Agreement grants rights in addition to those covered by State law, the Agreement shall prevail.

ARTICLE 2

RECOGNITION

The Board recognizes the CSEA as the sole and exclusive bargaining agent for those classified non-management employees occupying the following positions:

Accounting Series: Accountant: Finance, Accounting Assistant I, Accounting Assistant II, Accounting Assistant III, Buyer/Accounting Assistant II, and Senior Buyer/Logistics Specialist;

Assistant Series:Adult ESL Assistant, Bilingual Braille Transcriber, Bilingual HIPPY Assistant, Bilingual HIPPY Assistant II, Child Assistant, Child and Family Attendance Specialist, Early Childhood Assistant I, Early Childhood Assistant II, Early Childhood Group Leader I, Early Childhood Group Leader II, Instructional Assistant, Instructional Assistant I, Instructional Assistant II, Instructional Assistant-Computer Lab, Instructional Assistant-LEP, Instructional Assistant-Special Education I, Instructional Assistant-Special Education II, Interpreter for the Hearing Impaired, Out-of-School Time Assistant Site Leader, Out-of-School Time Group Leader, Out-of-School Time Group Leader Specialist, Out-of-School Time Regional Leader, Out-of-School Time Site Leader, and Project SAFE Assistant;

Clerical Series:

Bilingual Clerical Assistant, Bilingual Project Assistant, Bilingual Project Assistant II, Bilingual Assistant to Program Coordinator, Bilingual Community Liaison, Clerk Typist I, Clerk Typist II, Community Liaison, District Instructional Media Technician, District Receptionist/Clerk, Health Clerk, Instructional Media Technician, Personnel Assistant/Substitutes, Personnel Technician, Personnel Technician (Benefits), Student Attendance Clerk, and Transitional Second Language Clerk/Data Specialist;

Custodial Series:Custodian I, Custodian II, Lead Custodian, and Site Custodian;

Food Service Series: Child Nutrition Lead, CNS Accounting Assistant III/Secretary II (Dept), Food Service Clerical Assistant, Food Service Utility Worker, Food Service Warehouse/Delivery Driver, Food Service Worker I, Food Service Worker I-A; Food Service Worker II, Food Service Worker III, Food Service Worker III-A, Food Service Worker IV, and Food Service Worker V;

Grounds Series:Grounds Maintenance Worker I, Grounds Maintenance Worker II, and Grounds Maintenance Worker III, and Lead Grounds Maintenance Worker;

Maintenance/Craftsworker I, Craftsworker II, Craftsworker III, Craftsworker I

Warehouse Series:/Storekeeper, Craftsworker I/Warehouse Worker/Delivery Driver, HVAC Technician II, HVAC Technician III, Lead Warehouse Worker/Delivery Driver, Maintenance Buyer, and Maintenance and Operations Lead;

Nursing Series:

Licensed Vocational Nurse, Occupational Therapist, and Occupational Therapy Assistant;

Secretarial Series:Program Secretary/Student Enrollment, School Office Receptionist/Clerk, Secretary I (Department); Secretary II (Department), and Secretary II (School), and Secretary/Computer User Specialist;

Technology and Communication Series:

Computer Support Technician I, Data Specialist, Electronics Technician II, Electronics Technician III, Network Specialist, Technology Assistant, Publications Technician I, Publications Technician II, and Web Development Specialist;

Transportation Series:Assistant Mechanic, Bus Attendant, Bus Driver I, Bus Driver II, Bus Driver III, Bus Driver/Driver Instructor, Dispatcher/Driver Instructor, and Heavy Duty Diesel Mechanic;

And, excluding all other positions not specifically enumerated above which include, but is not limited to:

Management PositionsConfidential Positions

Administrative and Instructional Systems AnalystAdministrative Secretary

Business Services Coordinator Executive Assistant

Assistant Supt., Business ServicesPayroll Specialist

Database Network AnalystBenefits and Risk Management

Director of Fiscal Services Specialist

Director of Child Nutrition Services

Director of Information Systems Technology

Director of Maintenance, Operations and Facilities

Director of Out-of-School Time Programs

Director of Transportation Grant Funded Positions

Middle School Coordinator Community Collaborative

Systems Administrator Coordinator

Telecommunications/Network Coordinator

Out-of-School Time Regional Coordinator

The Association, in turn, recognizes the Board as the duly elected representative of the people and agrees to negotiate exclusively with the Board's Negotiating Team through the provisions of the Rodda Act, SB-160, Chapter 10.7, Section 3540 - 3549 of the Government Code. All newly created positions, except those that lawfully are certificated, management, confidential, or supervisory shall be assigned to the bargaining unit. The determination of management, confidential, or supervisory employees shall be made by mutual agreement between the District and CSEA. Disputed cases shall be submitted to the PERB for resolution. Expressly excluded from the bargaining unit are all substitutes, short-term positions, and campus aides.

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ARTICLE 3

MANAGEMENT RIGHTS AND BOARD POWERS

A.Description Rights

The Board on its own behalf and on behalf of the electors of the District hereby retain and reserve unto itself without limitation, all powers, rights, authorities, duties, and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of California and of the United States including, but without limiting the generality of the foregoing, the right:

1.To direct the executive management organization and administrative control of the District and its properties and facilities, and the activities of its employees.

2.To direct the work of its employees, determine the time and hours of operation, determine classification of positions, determine the kinds and levels of services to be provided, and the methods and means of providing those services, including entering into contracts with private vendors for services.

3.To hire all employees and, subject to the provisions of the law, to determine their qualifications and the conditions for their continued employment, discipline, dismissal, or demotion, and to promote, assign, and transfer all such employees.

4.To establish educational policies, goals, and objectives, to insure rights and educational opportunities of students, to determine staffing patterns, to determine the number and kinds of personnel required in order to maintain the efficiency of District operations.

5.To build, move, or modify facilities, establish budget procedures and determine budgetary allocation, determine the methods of raising revenue, and take action on any matter in the event of an emergency.

B.Exercising Rights

The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the Board, adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of California and the Constitution and laws of the United States and is expressly excluded from the provisions of Article 7, "Grievance Procedure".

C.In Cases of Emergency

The District retains its right to amend, modify, or rescind policies and practices referred to in this Agreement in case of emergency. An emergency shall be defined as an unforeseen combination of circumstances which calls for immediate action. The determination of whether or not an emergency exists is solely within the discretion of the Board and is expressly excluded from the provisions of Article 7, "Grievance Procedure".

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ARTICLE 4

ASSOCIATION RIGHTS

CSEA shall have the following rights in addition to the rights contained in any other portion of this Agreement.

1.Use of Facilities.

CSEA shall have the right to make use of school buildings for meetings when: (1) an authorized CSEA representative obtains permission from the Superintendent or designee(s) regarding the time, place, and type of activity to be conducted, and (2) the Superintendent or designee(s) can verify that such requested use of facilities and activities will not interfere with the school programs and/or duties of unit members. School or department staff meetings shall not be used for employee organization business.

2.Use of Institutional Bulletin Boards.

Each site administrator or department head shall designate a portion of one (1) bulletin board for use by CSEA. CSEA shall be responsible for the content of all its information posted on school bulletin boards. CSEA will not post information which is derogatory or defamatory of the District or its personnel on District property. CSEA shall be responsible for maintaining neatness and order of the bulletin board space designated for CSEA use. One (1) copy of all organizational material to be posted on the designated bulletin board space shall be provided to the Superintendent or designee. One (1) copy of all organizational materials to be posted on the designated bulletin board shall be provided to the site administrator or department head or designee. All material to be posted shall include the name of the organization, the name of the responsible officer of the organization, and date.

3.Use of Institutional Mailboxes.

CSEA shall have reasonable use of the District internal mail system to distribute materials which emanate from the Association office for communication to its unit members provided that such materials include the name of the Association and date. Distribution of District materials shall have priority over distribution of organizational materials. Distribution of Association materials shall be subject to the workload of the District mail delivery service. The Association is responsible for the content of all information sent in the District mail. One (1) copy of the materials to be placed in employee mailboxes shall be provided by the Association to the Superintendent or his designee prior to distribution. One (1) copy shall be provided the site administrator or department head of each location to which materials are sent. Distribution of materials in mailboxes shall be done by a designated member of the organization outside of regular duty hours.

4.Access to Employees.

Authorized CSEA representatives shall have the right to transact official business on school property provided that: (1) an authorized CSEA representative obtains permission from the Superintendent or designee(s) regarding the specific time, place, and type of activity to be conducted, (2) upon arriving at a site the authorized CSEA representative reports to the site administrator or department head or designee to announce his/her presence and purpose, (3) such visits shall be scheduled only during the employee's duty free lunch period or non-duty hours, and (4) that no CSEA views on matters relating to management-employee or District-CSEA relations will be discussed in the presence of students by the CSEA representative or members of the bargaining unit.

5.The right to use without charge institutional equipment, facilities, and buildings, at reasonable times, for the purpose of processing grievances and matters related thereto.

6.The right to review employees' personnel and payroll records, by appointment, pursuant to the provisions of Article 6, "Employee Rights," page 11, when accompanied by the employee or on presentation of written authorization signed by the employee.

7.The right to be supplied with a complete "hire date" seniority roster of all bargaining unit members within sixty (60) calendar days following the effective date of this Agreement and annually thereafter. All references to seniority within this Agreement shall be interpreted as "hire date" seniority. Seniority within the District shall be defined as the first date of paid service in a position that is a part of the classified service. Seniority within a classification shall be defined as the first date of paid service within that classification, and seniority within a classification shall include service in that classification plus service in any higher classification(s).

8.The right to receive, upon request, without cost, copies of any public materials related to wages, hours and other terms and conditions of employment which are relevant for CSEA to fulfill its duties and obligations as the exclusive representative of bargaining unit members covered by this Agreement.

9.Names, addresses and available telephone numbers of bargaining unit members shall be provided without cost to CSEA no later than December 1 of each school year.

10.The right to review at reasonable times, by appointment, public material in the possession of or produced by the District, which relate to wages, hours and other terms and conditions for bargaining unit members.

11.The right to conduct an orientation session on this Agreement for bargaining unit employees during regular working hours subject to approval of the District Superintendent or designee.

12.Distribution of the Contract: The District shall print or duplicate and provide without charge a copy of this contract to every employee in the bargaining unit. Any employee who becomes a member of the bargaining unit after the execution of this Agreement shall be provided with a copy of this Agreement by the District, without charge, at the time of employment. Each employee in the bargaining unit shall be provided by the District, without charge, with a copy of any written changes agreed to by the parties to this Agreement during the life of this Agreement.

13.Upon request, the District will grant paid release time for two (2) delegates for the first 150 members and one (1) additional delegate for each 100 members or fraction thereof to attend the annual state conference of CSEA. Granting of release time for the additional delegates shall not unduly interfere with the smooth and efficient operation of the District as determined by the immediate supervisor of each selected delegate. All conference expenses shall be paid by CSEA or the unit member.

14.CSEA Chapter 557 (“Association”) shall have one hundred eighty (180) hours per fiscal year (July 1 – June 30) of paid release time for Association Business. No one individual shall have more than four (4) hours of paid release time in any week and release time shall be subject to prior approval of the Assistant Superintendent of Human Resources or designee. The Association shall submit written request for all such release time sufficiently in advance but not less than two (2) working days prior to the intended absence to ensure substitute coverage, if appropriate. The District and the Association shall work together to monitor and record the use of release time provided for in this Article and resolve discrepancies. Release time under this section shall not be used for any activity in violation of the Agreement, or for any purpose unrelated to the Association’s obligations as the exclusive representative of the Bargaining Unit.

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ARTICLE 5

ORGANIZATIONAL SECURITY

A.Membership in CSEA

Membership in CSEA is not compulsory. CSEA bargaining unit members have the right to join, not to join, maintain, or terminate their membership in CSEA as they see fit. Neither party shall exert or put pressure on or discriminate against a classified employee as regards such matters.

B.Dues Deductions

All bargaining unit members shall, as a condition of employment, either become members of CSEA or pay a fair share to CSEA. CSEA shall establish the amount for members and for fair share payees. No later than October 15 of each year, CSEA shall certify to the Board in writing the dues and fair share schedules. The District shall deduct, in accordance with the CSEA dues and fair share schedules, dues or fair shares from the wages of employees who submit written dues authorization to the District. CSEA Chapter 557 shall have the sole and exclusive right to have membership dues and fair shares, if any, deducted from the payroll warrants of bargaining unit members by the District. Employees may exercise the option of paying dues or fair shares directly to the Association. The District shall notify CSEA as soon as possible if any member revokes a dues authorization.

C.Fair Share

All members of the bargaining unit who are not members of CSEA and employees who hereafter come into the bargaining unit shall, as a condition of employment, within thirty (30) days, either apply for membership and execute a dues authorization or pay a fair share in an amount established by CSEA. The dues or fair share shall be made at the employee's option through payroll deduction or direct payment to CSEA. The District shall notify CSEA if a bargaining unit member has not submitted a dues deduction or fair share deduction authorization within the thirty (30) day requirement.

D.Compliance

In the event a bargaining unit member covered by this Agreement does not join CSEA or pay said fair share within thirty (30) days to CSEA as provided herein, such bargaining unit member shall be notified by CSEA of his/her failure to comply with the provisions of this article and that he/she is in violation of this Agreement. If any employee is out of compliance after thirty (30) days, the District shall deduct from the employee's salary the appropriate dues or fair share and make said payment to CSEA pursuant to Education Code Section 45168(b) which is the sole remedy in this article for failure to voluntarily pay the dues or the fair share.

E.Objections Based on Religion

If an employee in the bargaining unit certifies in writing that religious objections do not allow payment of dues or a representational fee to any employee organization, an amount equal to the CSEA's fair share will be deducted monthly from the employee's paycheck, and that amount shall be deposited by the District with a recognized charitable organization designated by the employee or a District scholarship fund, but in no event shall the charitable organization be a religious sect.

F.Hold Harmless Provision

As a condition of effectiveness of this article, the Association agrees to indemnify and save the District, Board of Education, each individual school board member, and all administrators in the District harmless against any and all claims, demands, costs, lawsuits, judgments, or other forms of liability and direct costs including all court or state administrative agency costs that may be sustained out of, or by reason of, actions taken by the District for the purpose of complying with this article.

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ARTICLE 6

EMPLOYEE RIGHTS

A.Personnel Files

1.Employees will be informed when any material of a derogatory nature is to be placed in the personnel file.

2.Employees have the right to respond in writing to any derogatory material included in the personnel file and the employee's response shall be attached to the derogatory material.

B.Employee Review of Personnel Files

In order for an employee to review his/her personnel file, he/she shall observe the following procedure:

1.Make an appointment with the Assistant Superintendent of Human Resources, or Administrative Secretary, Human Resources, at a time when the employee is not actually required to render services to the District.

2.After reviewing the personnel file, an employee has the due process right to attach statements to any derogatory information in the folder. The employee can make another appointment, during his/her working hours, to prepare a statement in response to derogatory material without loss of salary. Up to one (1) hour of release time can be utilized for this purpose.

C.Discipline

1.A permanent employee in the bargaining unit may be disciplined by the District for just cause. The term "discipline" specifically does not include adverse or negative evaluations, warnings, directives, reprimands, and the implementation of other articles in the Agreement, such as denial of any leave.

2.Causes for Disciplinary Action.

A permanent worker may have disciplinary action taken against him/her for just cause, including but not limited to the following:

a.Repeated, unexcused absences.

b.Repeated, unexcused tardiness.

c.Failure to perform regular or other assigned duties.

d.Conviction of any criminal act involving moral turpitude.

e.Disorderly or immoral conduct while in a paid status.

f.Violation of any lawful order by a supervisor.

g.Insubordination of any kind.

h.Incompetency, ineffectiveness or inefficiency in performance of duties.

i.Intoxication while on duty.

j.Use of illegal drugs or misuse of legal drugs.

k.Damage to or waste of District property or supplies due to negligence or willful acts.

l.Violation of any of the District's regulations regarding duties, conduct, or performance of an employee.

m.Willful conduct tending to injure the public service.

3.Disciplinary Action.

The following disciplinary action may be taken by the District against a permanent worker.

a.Dismissal.

Dismissal is removal from employment.

b.Suspension.

Suspension is temporary removal from service for a specified period of time with or without pay.

c.Involuntary Demotion.

Involuntary demotion is placement in a lower classification without the worker's written consent.

4.Discipline.

Prior to the taking of discipline, the Superintendent or designee shall give written notice to the employee. This written notice of proposed disciplinary action shall be served by certified mail or personal delivery to the employee at least ten (10) working days prior to the date when discipline may be imposed. In emergency situations where it is deemed appropriate to remove the employee immediately, the employee shall not lose compensation prior to the date when discipline may commence. Loss of compensation in all cases may occur after the fifteenth (15th) working day following the date written notice was served.

Contents of the written notice shall include at least the following:

a.A statement identifying the District.

b.A statement in ordinary and concise language of the specific acts and omissions upon which the proposed disciplinary action is based.

c.The specific disciplinary action proposed and effective dates(s).

d.The cause(s) or reason(s) for the specific disciplinary action proposed.

e.A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place.

f.A statement that the employee has the right to respond to the matters raised in the written notice both orally and in writing, including the submission of affidavits, prior to the end of the ten (10) working days following the date the written notice was served.

g.A statement that the employee, upon request, is entitled to appear personally before the Superintendent or designee regarding the matters raised in the written notice prior to the end of the ten (10) working days following the date the written notice was served. At such meeting, the employee shall be granted a reasonable opportunity to make any representations the employee believes are relevant to the case.

h.A statement that the employee, upon written request, is entitled to a full evidentiary hearing before the Board of Education or a hearing officer before any disciplinary action is final. The statement shall indicate that the proposed disciplinary action may commence after ten (10) working days following the date the written notice was served. The statement also shall indicate that no full evidentiary hearing shall be held unless notice is delivered to the Superintendent within five (5) working days after the date the written notice of proposed disciplinary action was served.

5.Evidentiary Hearing.

The classified employee shall receive an evidentiary hearing on the proposed disciplinary action only if a written demand for such a hearing is delivered to the Superintendent or designee within five (5) working days after service of the written notice of proposed disciplinary action. In the absence of a timely demand for a hearing, the Superintendent or his designee may act upon the proposed disciplinary action after the time period for hearing demand has expired.

a.The hearing normally will be held before the Board, or a hearing officer designated by the Board, within forty-five (45) days of the hearing demand. The classified employee shall have a right to appear in person, with counsel or such other lawful representative as determined by the classified employee. The District will have the burden of proof and shall first present evidence. Normal procedures shall be followed; i.e., charging party presentation, defense cross-examination, defense presentation, charging party cross-examination and rebuttal evidence from each party.

b.The Board or hearing officer's determination of the sufficiency of the cause for disciplinary action shall be conclusive in all cases.

c.The Board shall determine whether to conduct the hearing itself or whether to appoint a hearing officer who shall conduct a hearing and prepare proposed findings of fact and conclusions and present a recommended decision.

d.The Board or the hearing officer shall set the matter for hearing and shall give the employee at least ten (10) working days notice in writing of the date, time, and place of the hearing.

e.The hearing shall be in closed session unless a public hearing is requested by the employee in writing no less than five (5) working days before the hearing.

f.The employee shall have the right to personally appear and testify under oath and to call or through his/her representative call witnesses to so testify, examine, and/or cross-examine all witnesses appearing. Witnesses shall be called individually and excused after testifying if so requested by the employer or the employee.

g.A stenographic or tape-recorded record of all hearings shall be made. The District shall bear the cost of having the hearing recorded, unless CSEA demands a stenographic record, in which case the cost will be shared equally. Such demand must be presented in writing at least five (5) working days prior to the hearing. Transcripts of the hearing shall be furnished to either party on payment of the cost of preparing such transcripts.

h.All costs of a hearing officer shall be borne by the District. All other expenses shall be borne by the party incurring them.

i.The Board shall render a decision as soon as possible after the hearing is completed and adopt a written decision within thirty (30) days of rendering the decision.

j.A copy of the written decision by the Board shall be sent to the employee and his/her representative no later than five (5) working days after it is adopted. The decision shall include findings of fact and determination of issues by the Board.

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ARTICLE 7

GRIEVANCE PROCEDURE

A.General Provisions

The purpose of this grievance procedure is to secure solutions to grievances at the lowest possible administrative level. CSEA and the District agree that these proceedings will be kept confidential and that a grievant and immediate management supervisor should attempt to resolve a grievance at the informal level. It is the intent of the parties that the grievance procedure be employed only after other means of solving problems have been unproductive.

B.Definitions

1.A "grievance" shall mean an alleged violation, misapplication, or misinterpretation of a specific provision of this Agreement which adversely affects one (1) or more bargaining unit members. The grievance procedure shall not be used to challenge or change policies, regulations, or procedures of the District which are not included in this Agreement nor shall the grievance procedure be used for other matters for which specific methods of review are provided by law or District policies, rules or regulations.

2.A "grievant" shall mean an employee, a group of employees in the bargaining unit or CSEA itself filing a grievance. A "group grievance" may be filed on behalf of two (2) or more specifically named bargaining unit members when there are mutually agreed upon common questions of fact pertaining to the grievance of each unit member. The requirements of timeliness set forth herein must be met by each employee named in a group grievance.

3.A "conferee" shall mean a CSEA representative selected by the grievant to assist the employee in presenting and processing the claimant's grievance. A "conferee" shall also mean a representative selected by the supervisor with whom a grievance is filed to assist the supervisor in presenting and processing the claimant's grievance.

4.A "working day" shall mean any day in which the central administrative office of Santee School District is open for business, which is also a regular working day for the grievant.

5."Immediate Supervisor" shall be the first (1st) level management supervisor having immediate jurisdiction over the grievant and who has been designated to adjust grievances.

6.A "District grievance form" shall mean a District-provided form.

7.The CSEA shall have five (5) members of the CSEA Grievance Committee designated to process grievances. CSEA shall provide the Assistant Superintendent of Human Resources with the names of Grievance Committee members. CSEA Grievance Committee members shall be granted reasonable release time during regularly scheduled work hours without loss of compensation for the processing of grievances. Release time shall not interfere with the smooth and efficient operation of the District. The Grievance Committee member must receive prior approval from the Assistant Superintendent of Human Resources before being granted release time. A notification period of not less than twenty-four (24) hours shall be observed.

8.The District shall not agree to the adjustment or resolution of the grievance at Level I until CSEA has received a copy of the proposed resolution and has been given the opportunity to file a written response with the Assistant Superintendent of Human Resources. Such response must be filed within five (5) working days of receipt of the proposed resolution.

C.Informal Level

Before filing a formal, written grievance, the grievant shall attempt to resolve it by an informal conference with the immediate management supervisor. A "conference" under this article shall mean a meeting between the grievant and the immediate management supervisor (and a CSEA representative if so desired), with the clear understanding of the reason(s) for the meeting. At the conclusion of this meeting, it is desired that the grievant shall inform the supervisor on whether a formal grievance may be filed or if a satisfactory solution has been reached.

D.Formal Grievance Procedure

1.Level I

If a satisfactory resolution of the problem is not reached through the informal discussion process, the bargaining unit member shall have the right to file a formal grievance in writing on the appropriate form with the immediate management supervisor. The formal, written grievance must be filed within twenty (20) working days from the date the unit member learned of, or reasonably should have known of, the alleged violation, misapplication or misinterpretation of a specific provision of this Agreement which adversely affects the unit member.

a.The formal, written grievance shall be a clear, concise statement of the grievance, the circumstances involved, the decision rendered at the informal level and the specific remedy sought.

b.Within ten (10) working days after receiving the formal, written grievance, the immediate management supervisor shall render a written decision to the grievant.

c.Within the above time limits either party may request a personal conference with the other party.

2.Level II

In the event the grievance is not resolved at Level I, the grievant may appeal the decision on the appropriate form to the Assistant Superintendent of Human Resources or designee within ten (10) working days of receiving the decision rendered at Level I.

a.The written appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal.

b.Within ten (10) working days of receiving the written appeal, the Assistant Superintendent of Human Resources or designee will schedule a hearing to discuss the grievance.

c.Within five (5) working days of the hearing, the Assistant Superintendent of Human Resources or designee shall render a written decision to the grievant.

3.Level III

a.If not satisfied with the decision at Level II, the grievant may appeal the decision to the Superintendent or designee within ten (10) working days after receiving it and may request a hearing.

b.The hearing shall be held within ten (10) working days at which time the grievant may bring in a conferee of his/her choice. The Superintendent may bring in a conferee of his/her choice.

c.Following the hearing, the Superintendent shall render a written decision within ten (10) working days and transmit it promptly to all parties concerned. Reasons for the decision shall be included in the transmittal.

d. A grievance will not go past level III without consent and representation of CSEA.

4.Level IV

a.The grievant may appeal the decision from the Superintendent, in writing, within five (5) working days of receiving the Superintendent's decision. The appeal shall be furnished to the Superintendent.

1)By mutual agreement between both parties, the grievant may waive the right to arbitration and have the appeal heard by the Board of Education for resolution of the grievance. If this occurs, then the Superintendent shall, within thirty (30) working days after receiving the written appeal, establish a closed hearing with the Board of Education. The grievant, and/or his/her representative, and the Superintendent, and/or his/her designee, may present information pertinent to the grievance at the closed hearing. Following the closed hearing, the Board of Education shall render a written decision within thirty (30) working days and transmit it to all parties concerned. Reasons for the decision shall be included in the transmittal. The decision of the Board of Education shall be binding to the extent that all rights of the aggrieved to further legal action are respected.

b.Within five (5) working days of receiving the request for arbitration, the Superintendent (or designee) and a representative from the CSEA shall meet to select a mutually acceptable arbitrator from either a list from the California State Conciliation Service, a list developed by the Public Employment Relations Board (PERB), or a list developed by the parties involved, eliminating names until one (1) remains. The remaining name shall be the arbitrator. Neither party shall refuse to participate in the selection process. The process of striking names shall occur within (10) working days of receipt of the list. All grievances reaching the arbitration level shall be consecutively numbered during the current school year. The odd-numbered grievances will give the CSEA first elimination and even-numbered grievances will give the District first elimination.

c.Once the arbitrator has been selected, hearing(s) shall commence at the convenience of the arbitrator. The arbitrator shall conduct the hearing(s) in accordance with the voluntary arbitrator rules of the American Arbitration Association and the provisions of this procedure. The jurisdiction of the arbitrator shall be confined to determination of the facts and the interpretation of the provisions of this Agreement. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:

1)The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify the terms of this Agreement, District policy, rules, regulations, Agreement as complained by the grievant.

2)The arbitrator shall have no power to establish or change any salary schedule structure.

3)The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon post-hearing briefs of the parties.

4)The arbitrator shall have no power to change any practice, policy or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy, rule, or any action by the District; nor to adjust, modify or amend salary schedules or classification structures unless such practice, rule or any action is a violation of this Agreement as complained by the grievant.

5)The arbitrator shall not consider any issue raised by the grievant unless it was made known to the District in an earlier level of the Grievance Procedure.

6)The arbitrator shall have no power to recommend or resolve any of the following:

a)The termination of services or any other disciplinary action or failure to reemploy any member of the Unit, except reemployment pursuant to Article 11 of this Agreement and the procedural guidelines found in Article 6.

b)Any matter involving evaluation, except where procedure has been violated.

c)Any claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the force of law.

d)Nothing herein shall be construed to prevent or limit deferral to arbitration by the Public Employment Relations Board pursuant to Government Code 3541.5 (a) (2).

d.Witnesses will be assured that testimony shall be kept confidential.

e.The arbitrator is empowered to include in any award such financial reimbursements or other remedies as judged to be proper.

f.Each party shall bear the full costs for its representation in the arbitration. The costs of the arbitrator shall be borne equally by CSEA and the District. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.

g.If the District claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, such a claim shall be raised at Level II and be communicated in writing to the CSEA, setting forth the specifics of the District's claims. The District shall, as part of this notification, indicate its intent to have such a claim be heard and ruled upon prior to the receipt of evidence on the merits.

h.Both parties agree that, subject to the provisions of the Code of Civil Procedures of the State of California, the arbitration award resulting from this procedure shall be final and binding on all parties. Within thirty (30) working days after conclusion of the hearing(s), the arbitrator shall render a binding decision, in writing, to the parties involved.

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ARTICLE 8

PROCEDURE FOR EVALUATION

The District shall establish and maintain a continuing program of classified employee performance evaluation. The program shall include provisions for preparation of written evaluations and a means of making the results of such evaluations known to the employee.

A.Probationary Employees

Probationary employees will be evaluated twice during their first (1st) year of employment, once during the first six months of employment and again prior to the conclusion of one year of employment. The second evaluation shall include a recommendation of suitability for permanent status. The probationary status is a 12-month period.

Probationary employees may be released without cause.

Probationary employees may be released without any evaluation.

B.Permanent Employees

Permanent employees will be evaluated prior to May 30 biannually. This shall not limit the supervisor from evaluating any classified employee more than once every two years as the supervisor deems appropriate. Any employee in a new work assignment will be evaluated at least once during the first year of that assignment. Any classified employee who receives an "unsatisfactory" in any area will be reevaluated within three (3) months following the date of the evaluation conference. Additionally, the evaluator delivering an "unsatisfactory" evaluation shall provide suggestions and an offer of assistance by the administrator for improvement pertinent to the evaluated performance of the classified employee. An unsatisfactory area shall be followed within five (5) working days by a written assistance plan. The plan shall include specific recommendations for improvement and performance for assisting the employee in implementing any recommendations made.

C.All Employees

Special evaluations may be made of either permanent or probationary employees at other than specified times at the discretion of the supervisor.

The evaluator shall be the employee's immediate management supervisor or designee. The evaluator may solicit input from other employees who may be responsible for some of the direction of the employee's work.

If additional supervisors or administrators are involved in evaluating an employee, these evaluations shall also be prepared in triplicate and signed before being submitted to the responsible evaluator. The original will also be included in the employee's personnel file.

A mutually agreed upon evaluation form will be used by the persons designated to evaluate employees.

Each employee shall be given a copy of the formal evaluation document and written notice of the evaluation conference at least one working day prior to the conference. The employee is required to sign the evaluation form, indicating it has been discussed and reviewed. This does not necessarily indicate he/she agrees with the contents therein. The employee shall have the right to attach a statement of rebuttal. This performance record shall become a part of the personnel file for each employee.

The evaluation will be reviewed with the classified employee, and the evaluator will make suggestions for improvement if appropriate. The classified employee must indicate on the "performance evaluation for classified employees" form that he/she has read the evaluation, agrees with the evaluation, or disagrees with the evaluation and wishes to attach a signed written statement to be submitted to the evaluator within ten (10) working days indicating the areas of agreement and the reasons for disagreement. No reprisals will be taken against the employee for submitting such written statement.

If any employee has just reason to question any phase or aspect of his/her performance evaluation, he/she may request a review of the evaluation by the next level of administration.

No evaluation of a classified employee shall be placed in the personnel file without an opportunity for discussion between the classified employee and the evaluator. Evaluation shall be based upon reliable evidence. The supervisor must validate the accuracy of alleged facts prior to including them in the evaluation.

Recognition for outstanding performance should be noted and references placed in the employee's personnel file.

The judgment of the evaluator is not subject to the grievance procedure; however, the above procedure is grievable.

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ARTICLE 9

SAFETY

A.Safety Committee

Safety of the employees is of utmost importance. To address this issue, a District-wide Safety Committee has been established. CSEA shall be entitled to appoint two (2) representatives to serve on the District-wide Safety Committee. The two (2) representatives shall be from different departments, sites, and job classifications. The two (2) representatives from CSEA will be provided with release time to participate in the meetings.

B.Report of Accident

In the event of accident, the employee must complete and file the appropriate accident form with the immediate supervisor. All accidents, whether minor or serious, are to be reported. Any questions regarding the completion of the form should be referred to the employee's immediate supervisor. The form must be completed and submitted to the employee's immediate supervisor by the end of the next working day. If additional time is needed to comply with this procedure, the employee should notify the immediate supervisor.

C.Unsafe Working Conditions

All classified employees are responsible for reporting unsafe equipment or working conditions within twenty-four (24) hours. The Santee School District Safety Report Form is to be filled out and sent to the chairperson of the District-wide Safety Committee. The immediate supervisor should be informed of any hazards which could be of an immediate danger. Employees who submit safety reports shall not be subject to reprisals.

D.Use of Own Physician

An employee wishing to use his or her own physician for a job related illness or injury must notify the Human Resource Department prior to the illness or injury. The Human Resources Department must have on file the name, address, and telephone number of the employee's physician. Should an accident or injury occur before the employee has notified the Human Resource Department of the physician's name, the employee may after thirty (30) days from the date the injury is reported, go to his or her own physician within a reasonable geographic area.

E. Extreme Conditions

When extreme weather, air quality, or emergency conditions are announced by County Officials or Oversight Agencies (“Agency”) supervisors shall make every attempt to comply with Agency recommendations and guidelines to ensure the safety and well-being of employees.

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ARTICLE 10

HOURS

A.Workweek/Workday

1.The normal workweek of a full-time unit member shall consist of an eight (8) hour workday exclusive of the meal period and a forty (40) hour workweek. The workweek shall normally consist of five (5) consecutive workdays, Monday through Friday. This article shall not restrict management from extending the regular workday or week on an overtime basis when necessary to carry on the business of the District.

2. The beginning and ending time of an employee's daily assignment shall be determined by the District upon initial employment, with the exception of employees who bid for daily assigned time under the provisions of Section O of this Article.

B.Alternate Workweek

The District, with consent of the bargaining unit member, may elect to reschedule the workweek, i.e., five (5) consecutive days, Wednesday through Sunday, or ten (10) hours for four (4) days, etc. The hours or days to be worked shall be scheduled by the supervisor after consulting with staff in an attempt to resolve individual scheduling problems. Nothing herein shall prevent the supervisor and the employee from revising the elected options provided that the revision is mutually acceptable to both the employee and the supervisor. All hours worked beyond the forty (40) hour workweek shall be compensated at the overtime rate.

C.Overtime

The District will provide compensation at a rate equal to one and one-half (1-1/2) times the regular rate of pay for unit members designated by the District and authorized to perform such overtime. Overtime is any time required to be worked in excess of forty (40) hours in any calendar week. This provision does not apply to unit members whose regular workweek is less than forty (40) hours. For the purpose of computing the number of hours worked, time during which the unit member is excused from work because of holidays, sick leave, vacation, compensated time off, or other paid leaves of absence shall be considered as time worked by the unit member.

D.Average Workweek

1.

Notwithstanding Article 10, "Hours," A. "Workweek/Workday," page 22, and C. "Overtime," page 22, the workweek for any unit member having an average workweek of fifteen (15) hours or more shall consist of no more than five (5) consecutive working days. Such an employee shall be compensated for any work required to be performed on the sixth (6th) and seventh (7th) day following the commencement of the workweek at a rate equal to one and one-half (1-1/2) times the regular rate of pay of the employee designated by the District and authorized to perform work.

2.All hours worked in excess of eight (8) hours on the sixth (6th) and seventh (7th) consecutive day shall be compensated at two and one-half (2-1/2) times the regular rate of pay. All hours worked on holidays designated by this Agreement shall be compensated at two and one-half (2-1/2) times the regular rate of pay.

E.Meal Period

All unit members who work a minimum of six (6) consecutive hours per day shall be entitled to a duty free meal period of thirty (30) minutes per day as scheduled by their immediate supervisor. The meal period shall be scheduled for full-time employees at or about the midpoint of each work shift.

F.Work Year

Upon recommendation of the Superintendent, the Board shall designate the work year for each classified position.

G.Rest Periods

All bargaining unit members will be granted rest periods based on the following schedule:

1.If the employee works at least eight (8) hours, he/she shall receive two (2) fifteen (15) minute rest periods.

2.If the employee works at least six (6) hours but less than eight (8), he/she shall receive two (2) ten (10) minute rest periods.

3.If the employee works at least four (4) hours but less than six (6), he/she shall receive one (1) fifteen (15) minute rest period.

4.If the employee works at least three (3) hours but less than four (4), he/she shall receive one (1) ten (10) minute rest period.

Rest periods are a part of the regular workday and shall be compensated at the regular rate of pay for the employee. Rest periods shall not be considered as cumulative and may not be "saved" to shorten the workday. The employee's immediate supervisor will schedule rest periods. If the employee wishes to deviate from the scheduled rest period, he/she must request approval from his/her immediate supervisor. If the immediate supervisor wishes a deviation from the scheduled rest period, he/she shall notify the employee and schedule the rest period for some other time during that day's work shift.

H.Standby Time

Bus drivers on special trips including, but not limited to, athletic events, field trips, and curricular trips, who are required to remain on standby for the duration of the event for which the special trip is made, shall be paid for all standby hours at their regular rate of pay.

I.Call Back Time

An employee will be deemed to have worked and will be compensated for a minimum of one and one-half (1-1/2) hours for any call back prior to 10:00 p.m. An employee called back after 10:00 p.m. will be deemed to have worked and compensated for a minimum of two and one-half (2-1/2) hours. Call back time is defined as work performed as a result of an unplanned occurrence that causes a unit member to be called to work without prior notice or scheduling. Work performed that is assigned in advance, above and beyond a unit member’s regular work shift/hours, is not call back time.

J.Compensatory Time Off

Bargaining unit members may request overtime compensation time in lieu of paid overtime. The principal or immediate management supervisor may grant overtime compensation time in lieu of paid overtime provided that the request for overtime compensation time is consistent with applicable law. Compensation time off in lieu of paid compensation, if granted, shall be taken at a time mutually acceptable to the unit member and immediate management supervisor.

K.Reduction Adjustment in Assigned Time

Any reduction/adjustment in assigned time shall be accomplished in accordance with the applicable provisions of the Education Code.

L.Leaving Assigned Job Sites

1.If a unit member who is normally assigned a District vehicle chooses to leave an assigned job site for lunch, the District vehicle may be used provided that the unit member is en route between scheduled District sites. All time starts and ends at the job site.

2.When feasible, an immediate supervisor may provide flexible schedules and if necessary up to 45 minutes of travel time to and from work sites to allow night custodial staff to attend monthly unit chapter meetings and School Board meetings. It is understood that the employee must utilize their lunch period (30 minutes) and/or break times (15 minutes each for a total of 30 minutes) for a total of one (1) hour and 45 minutes away from their site.

M.Summer Assignments

Job classifications created for summer session/extended year shall first be offered to bargaining unit members who serve in those positions during the regular school year. Selection shall be determined by random drawing in the following order: 1) Employees currently in the classification who did not work the previous summer session/extended year will be drawn first; 2) Employees currently in the classification who did work the previous summer session/extended year will be drawn second; 3) Employees not currently in the classification will be drawn third. Summer session/Extended year employment is contingent on adequate enrollment. An employee may be released from employment whenever the District determines enrollment or funding is insufficient. Due to the short-term nature of the summer session, applications for vacation must be approved by their summer school session supervisor.

N.Out-of-School Time Programs

Additional hours may be offered to Out-of-School Time Programs employees in addition to their regular contract hours for the purpose of working extended school year programs only. The additional hours may not be used to qualify for additional benefits or permanent work hours as a CSEA unit member. Each school site will use a site seniority list to determine the order in which hours are offered to employees.

O.Transportation Department Procedures

1.Assignment of Bus Routes

a.Twice annually, once before the beginning of each school year and once before the beginning of the summer session, drivers and attendants will bid for routes according to seniority. For purposes of bidding, Bus Driver seniority shall be on the basis of the original hire date as a regular employee into the Bus Driver classification. For purposes of bidding, Bus Attendant seniority shall be on the basis of the original hire date as a regular employee into the Bus Attendant classification. Bus Attendants will be eligible to bid on routes determined by the District to require a Bus Attendant.

b.Proposed routes will be posted and available for drivers to review 48 hours prior to the bidding process, unless an emergency situation precludes such posting. Drivers will be notified in advance regarding the place, date, and time the bid process will be conducted. It is the responsibility of each driver to attend the bid process at the scheduled time. If that is not possible, the driver should indicate route preferences in priority order to the Director authorizing him/her to bid by proxy. If a driver fails to attend the bid process at his/her appointed time and does not contact the Director with route preferences, the Director will assign the employee a route, based on seniority, to expedite the bidding process.

c.The bidding process will begin at the designated place, date and time with the most senior driver and continue until all drivers have bid for a route. Each driver will be allowed 15 minutes from the time the driver is scheduled to start his/her bid, to review the routes available and make a selection. In the event an emergency situation precludes the posting of routes 48 hours prior to the beginning of the bidding process, each driver will be allowed additional time, not to exceed one (1) hour, to review the routes available and make a selection.

d.Drivers will bid on a specific route, with specified hours and shift times identified for each day of the week. On minimum or modified days a driver shall be offered their regular number of work hours. When a driver is assigned a different or additional run-on a minimum or modified day the driver will have the option of: 1) if no driving duties are assigned, staying in the Transportation Department to perform other duties that are assigned by the Director or designee; or 2) leaving the site at the completion of the regular number of route hours, so long as the routes are covered so that students are or will be transported for the day.

e.All drivers have a choice of regular education or special education routes but must be documented as proficient in the skills and type of bus determined for the route prior to bidding a route.

f.During route selection, a driver will also select a bus of his/her choice among those that meet the District-determined requirements of passenger needs, type of bus and vehicle economy.

2.Modification of Routes after Initial Bidding

a.After initial bidding and the start of the regular school year, route times may change before becoming stabilized. In the event a route increases fifteen (15) minutes or more, cumulatively, for more than 19 consecutive school attendance days, the route will be re-bid consistent with Article 10, Section O, 1; except that, the adjusted route times shall be posted on the 16th and 17th consecutive days, and bidding shall take place on the 18th and 19th consecutive days.

b.A list of each driver’s regular assigned hours and extra time worked will be posted monthly in the office and driver’s lounge. Hours refused by the driver will also be noted.

3.Trip Assignments

a.Only employees with routes of less than 7 hours are eligible to sign up for field trip or Therapy assignment lists. Evening, Holiday, Weekend, and All Day trips are available to all employees regardless of route time.

b.In order to be eligible for any trip assignment, the driver must be documented as proficient in the skills and type of bus determined for the trip prior to being assigned the trip.

c.Field Trips

1)Field trips originating outside of a driver’s scheduled route time are posted and drivers must sign up to be considered for the trips. Assignment is given first by seniority. Once all listed employees have received an assignment, subsequent assignments are made on a rotation basis based on the amount of time of the trips previously assigned, and the length of the trip being assigned. This distribution process is intended to assign relatively equal amounts of time to eligible drivers throughout the school year. If a driver refuses a trip when it is offered, the driver’s place in the rotation is considered passed, and the driver is “charged” with a trip refusal to ensure that all drivers have the opportunity to complete field trip assignments. If a field trip is offered to a driver with less than 48 hours’ notice the driver may refuse the trip and will not be considered charged and will retain their place in the rotation.

2)When an employee signs up to be considered for field trips other than at the beginning of the school year or summer session, the employee will be assigned a number of hours equal to the average trip assignment hours worked by employees who are already on the list.

3)All field trips, except “All Day’ will be offered to eligible Santee District employees before being contracted to private transportation carriers, unless a non-District bus type is required or requested, or District buses and/or drivers are unavailable. An employee is considered eligible If the trip does not conflict with that driver’s assigned route.

4)Field trip selections/assignments will be made as far in advance as possible so drivers can plan their days.

5)The Director of Transportation has the discretion to assign unscheduled field trips to an eligible driver, provided that it does not impact that driver’s regularly assigned route.

d.Holiday/Weekend Trips: Holiday and weekend trips are assigned in the same way as field trips, described in Article 10 (O)(3)(c), above.

e.Evening Trips: All trips, which begin or end after 5:00 p.m., are designated as evening runs. Drivers accepting evening trips must consider permitted allowable daily driving hours as established by law.

f.Therapy Trips: Therapy trips are assigned in the same way as field trips, described in Article 10 (O)(3)(c), above.

g.All Day Field Trips

1)All Day trips are any trip that would require coverage of a Driver’s scheduled route. When substitute drivers are available, “All Day” trips will be first offered to Santee School District Drivers before being contracted to outside transportation carriers, unless a non-District bus type is required or requested, or District buses and/or drivers are unavailable.

2)All day and out of county field trips lasting seven (7) hours or more will make duty drivers and attendants eligible for the meal allowance as provided in Board Policy 4033.

h.Field Trip and Therapy Trip Cancellations

Drivers who are assigned a field trip or therapy trip that is cancelled after the driver has reported specifically for that field trip or therapy trip is entitled to perform one (1) hour of extra work as assigned by the Director. This section shall not apply to instances when the Director or designee informs the driver of the cancellation prior to the driver reporting specifically for that field trip or therapy trip.

4.Uniforms:Mechanics are required to wear District provided uniforms.

5.Training

a.When required by the District, drivers will be paid their normal hourly rate while attending in-service trainings, classroom instruction, and/or proficiency testing.

b.Employees attending approved or required training are eligible for travel expense reimbursement as provided in Board Policy 4033.

6.Health and Welfare Benefits

Bus Driver eligibility for employer paid health and welfare benefits shall be determined as follows:

a.The average of regularly assigned routes combined with the additional field trip and other assignments during the regular school day and year. Those assignments that will not he included are beyond the regular day and year, for example: substitute assignments, weekends, evening trips and summer session.

b.Hours will be averaged annually in July and applied in September.

c.Benefits will then be applied to the drivers for the period of September 1 to August 31.

d.New hires will qualify for benefits based upon their regularly assigned routes and average hours will be calculated for the succeeding year based upon the average weekly hours as calculated above.

O.Secretary II (School) and Student Attendance Clerk Work Year

The official work year of all Secretaries II (School) and Student Attendance Clerks (SIIS/SAC) will be 203 work days. Prior to the beginning of the work year, each SIIS/SAC shall complete an annual work calendar in conjunction with their supervisor to officially designate those days during the school year when the 203 work days will occur. The beginning and ending dates of the work year for all SIIS/SAC will be plotted annually on the classified employee calendar that is approved by the Board of Education.

Normally, SIIS/SAC will not be expected to work on those weekdays that occur during the winter and spring breaks. However, this does not prevent an individual SIIS/SAC from agreeing with their supervisor to select some of their 203 work days to occur on those days during the breaks.

The total hourly rate x hours per day x 217 days (203 work days + 14 paid holidays) for each SIIS/SAC shall be calculated by multiplying the position’s hourly pay rate on the classified salary schedule, as appropriate to the individual’s experience step, by the hours of compensation for the full amount for the 217 days. The annual salary will be paid in eleven equal payments August through June. Salary warrants will be distributed in accordance with current payroll regulations, and SIIS/SAC will be expected to validate days worked and days on leave on the monthly payroll attendance sheet.

Some SIIS/SAC may, at times, work more than 203 days if so arranged with their supervisor and depending on the availability of additional special funds that may be within that school site’s discretionary authority.

A SIIS/SAC may still take vacation time during the school year on some of their 203 work days. Vacation not utilized during the work year will be paid off at the end of the year. A SIIS/SAC may still take Comp Time in exchange for additional time worked as planned and approved by their supervisor.

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ARTICLE 11

LAYOFF, REEMPLOYMENT, INVOLUNTARY REDUCTION IN HOURS, AND THE

IMPACTS AND EFFECTS OF SUCH MATTERS

A.Reasons for Layoff

Bargaining Unit employees shall be subject to layoff for lack of work and/or lack of funds. Any involuntary reduction in hours shall be considered a layoff and comply with the following procedures.

B. Opportunity for Voluntary Transfer in Lieu of Layoff and/or Reduction in Hours

Administration shall determine the specific positions and personnel subject to the proposed layoff and/or reduction in hours and notify the CSEA president. Written notification of the anticipated layoff or reduction in hours and transfer options will be delivered to the employee by their supervisor stating the options of the employee included in Article 11. After employee receives the written notification, the employee will have up to three (3) working days to notify the Human Resources Department of the selected position for voluntary transfer. All selections for voluntary transfer will be made based upon the seniority of the impacted employees; i.e., the most senior employee will have the first selection and the least senior employee will have the last selection. If the employee does not contact Human Resources with the selected voluntary transfer within three (3) working days, the procedures for layoff listed in Article 11 will be followed.

C.Notice of Layoff

Bargaining Unit employees shall be given not less than forty-five (45) calendar days notice of layoff or reduction in hours under Section A. Any written notice shall indicate the reason for layoff and be delivered by Human Resources or designee(s). Should the employee not be available for personal service of the document within three (3) days of the Board action, certified mail service shall be deemed service. Employees who have elected to accept a transfer under Paragraph B above and are not being reduced in hours do not need to receive a formal written notice of layoff.

The Association shall be given notice of the names, classification, hours, work location, and seniority dates of affected employees in accordance with the following timelines:

1. Courtesy Notification: Within one (1) working day following the bargaining unit member’s notification of a possible layoff which shall include transfer available to the employee pursuant to this Article. Administration shall make a good faith attempt to provide this notification in a meeting with affected employees. Failure to have the meeting shall not render the layoff void.

Formal Notification: Within one (1) working day following the bargaining unit member’s notice of the final layoff decision of the Board.

D.Order of Layoff

1.Whenever it becomes necessary to reduce the number of hours of classified employees because of lack of work or lack of funds, the District shall recommend the specific positions to be discontinued or reduced in hours. Employees shall be laid off in reverse order of seniority within the job classification of such discontinued positions. Seniority within a classification shall be defined by length of service within that classification, plus service in any higher classification(s). Length of service shall be based on hire date within the classification.

2.Employees who have been laid off because of lack of work or lack of funds are eligible for reemployment for a period of thirty-nine (39) months. During that time and when qualifications permit, they will be reemployed, in preference to new applicants. If the employee refuses a reemployment offer, he/she shall not be eligible for further preferred consideration. A refusal shall not preclude an employee from future employment with the District.

3.Recalls shall be made in the reverse order of layoffs within each job classification.

4.Notification of recall shall be made by personal contact or certified mail to the employee's last known mailing address. The employee must indicate acceptance of the job offer within five (5) working days after receipt of the notification, and arrange the time of return to work. The employee must, however, be available within fifteen (15) work days of notice.

E.Bumping Rights and Involuntary Reductions in Assigned Time

1.Bumping Within a Classification.

When one or more positions in a classification are discontinued or reduced in hours, as provided in Section D(1), displaced employees within the classification will be entitled to “bump” less senior employees within the classification with the same number of assigned hours.

2. Voluntary Reductions in Assigned Time Within a Classification.

When one or more positions in a classification are discontinued or reduced in hours, as provided in Section D(1), a displaced employee within the classification will be entitled to a voluntary reduction in assigned time into a position in the same classification that has fewer hours and is held by an employee with less seniority.

3. Bumping Into a Lower Classification.

When one or more positions in a classification are discontinued or reduced in hours, as provided in Section D(1), any employee laid off from his/her present class may, in order to avoid layoff, bump into the next lowest class in which the employee has greatest seniority considering his/her seniority in the lower class and any higher classes. Employees displaced into a lower class as provided in this section shall have rights within the lower classification as described in Sections E(1) and E(2) above.

F.Layoff in Lieu of Bumping

An employee who elects a layoff in lieu of bumping maintains his/her reemployment rights under this Agreement.

G.Equal Seniority

If two (2) or more employees subject to layoff have equal seniority dates within a specific classification, the determination as to who shall be laid off shall be made on the basis of the greater overall District seniority as determined by the employee’s date of hire into the classified service. If that be equal, then the determination shall be made by lot.

H.Voluntary Demotion or Voluntary Reduction in Hours

Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the employee's option, returned to a position in their former class or to positions with increased assigned time as vacancies become available in reverse order of layoff for a period of 63 months from the effective date of the layoff. Such employees shall be ranked in accordance with their seniority on the reemployment list.

I.Impacts and Effects of Layoff

1.For voluntary and involuntary layoffs of Bargaining Unit employees that are effective on or after the effective date of this Article, District fringe benefit coverage for said employees will continue for four months following the effective date of the layoff at the level of benefits prior to layoff. Information regarding medical conversion coverage (COBRA), which would allow the employee to continue medical benefits with no lapse in coverage, will be made available to the employee when the layoff notice is given. The cost of the conversion coverage (COBRA) will be borne by the employee.

2.For those classified employees laid off, all earned and unused vacation shall be paid no later than the next month's pay warrant.

3.Prior to any layoff, an employee shall be entitled to use personal necessity or vacation leave days or hours to seek other employment. Use of vacation under this section shall not be subject to advance approval restrictions specified in Article 13, Section 7 of this Agreement and shall only require one (1) working day advance notice.

4. The parties agree that the above provisions in this Article represent a clear and unequivocal waiver of the right to meet and negotiate at the time of layoff and the full and complete agreement between the parties concerning layoff, reemployment, voluntary demotion in lieu of layoff and the impacts and effects of such matters.

J. Improper Layoff

Any employee who is improperly laid off shall be reemployed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits.

K.Election of Retirement Reemployment Rights

Any employee laid off for lack of work or lack of funds and who elects service retirement from the Public Employees Retirement System shall be placed on an appropriate reemployment list. The District shall notify the Board of Administration of the Public Employees Retirement System of the fact that retirement was due to layoff or lack of work or funds. If the employee is offered, and accepts in writing, an appropriate vacant position, the district shall maintain the vacancy until the Board of Administration has properly processed the employee's request for reinstatement from retirement.

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ARTICLE 12

HOLIDAYS

A.Paid Holidays

All unit members shall be entitled to the paid holidays that fall between the beginning and ending dates on their annual work schedule as follows:

1.Independence Day

2.Labor Day

3.Admissions Day (A day other than September 9 may be substituted for the Admissions Day holiday at the Board's discretion.)

4.Veterans' Day

5.Thanksgiving Day

6.Day after Thanksgiving Day

7.Christmas Eve

8.Christmas Day

9.New Year's Eve

10.New Year's Day

11.Martin Luther King, Jr. Day

12.Lincoln's Birthday

13.Washington's Birthday

14.Friday before Easter

15.Memorial Day

provided the unit members are in paid status during any portion of the working day immediately preceding or succeeding the holiday period. Regular unit members who are not normally assigned to duty the holidays of December 25 and January 1 shall be paid for those two (2) holidays provided that they were in paid status during any portion of the workday of their normal assignment immediately preceding or succeeding the holiday period. Hours worked on holidays will be compensated for at the overtime rate in addition to holiday pay. When a holiday herein listed falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday herein listed falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a unit member is required to work on any said holiday(s), he/she shall be paid compensation for such work in addition to regular pay received for the holiday at the rate of time and one-half (1-1/2) his/her regular rate of pay. The Board shall set the date of each holiday annually.

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ARTICLE 13

VACATION

Unit members shall accrue annual vacation at the regular rate of pay earned at the time the vacation is commenced according to the rules and regulations as follows:

1.General Position Statement.

All classified employees who are entitled to vacation will be granted vacation periods that are acceptable to the employee and the successful operation of the District. Only those periods that will not be detrimental to or disrupt the regular operation of the District programs will be granted. The District may choose to shut down certain departments or sites over winter and/or spring break. There are no provisions that provide for an employee to take vacation at his/her own discretion with or without pay.

2.Classified employees are entitled to vacation with pay on the following basis:

a.Twelve (12) month employees:

1)Ten (10) working days for each year of service through the fourth (4th) year.

2)Fifteen (15) working days for the fifth (5th) year of service and each year following.

3)Who have been employed ten (10) years will have an additional day of vacation added each year from the eleventh (11th) year of employment to the fifteenth (15th) year giving the fifteen (15) year and over employee twenty-two (22) days vacation.

b.Eleven (11) month employees:

1)Nine (9) working days for each year of service through the fourth (4th) year.

2)Fourteen (14) working days for the fifth (5th) year of service and each year following.

3)Who have been employed ten (10) years will have an additional day of vacation added each year from the eleventh (11th) year of employment to the fifteenth (15th) year giving the fifteen (15) year and over employee twenty-one (21) days vacation.

c.Ten (10) month employees:

1)Eight (8) working days for each year of service through the fourth (4th) year.

2)Thirteen (13) working days for the fifth (5th) year of service and each year following.

3)Who have been employed ten (10) years will have an additional day of vacation added each year from the eleventh (11th) year of employment to the fifteenth (15th) year giving the fifteen (15) year and over employee twenty (20) days.

d.Nine (9) month employees:

1)Seven (7) working days for each year of service through the fourth (4th) year.

2)Twelve (12) working days for the fifth (5th) year of service and each year following.

3)Who have been employed ten (10) years will have an additional day of vacation added each year from the eleventh (11th) year of employment to the fifteenth (15th) year giving the fifteen (15) year and over employee nineteen (19) days.

e.Six (6) month employees:

1) Four (4) working days for each year of service through the fourth (4th) year.

2) Nine (9) working days for the fifth (5th) year of service and each year following.

3) Who have been employed ten (10) years will have an additional day of vacation added each year from the eleventh (11th) year of employment to the fifteenth (15th) year giving the fifteen (15) year and over employee sixteen (16) days.

3.During the first (1st) year (or portion thereof) of service, vacation may be granted only as it has been earned by the employee through the rendering of satisfactory service. During the first (1st) period, an employee earns no vacation for the first (1st) two (2) months of service and earns one (1) day of vacation for each month of service thereafter. If an employee's service begins in the middle of a calendar month, his/her vacation entitlement will be figured to the nearest half (1/2) day.

4.If an employee's service begins during a school year and he/she earns a prorata share of vacation for that year, for purposes of earning additional vacation during the