ࡱ> {}z %nbjbj|:|: (PPeTXX----8e\-mm(v$oZ226VVVV:V2VVVA -pVrD0VVVVV222X :   Tentative Agreements Woodland School District and SEIU Local 925 May 13, 2010 D1. Amend Section 1.2 as follows: Section 1.2. Coverage. The employees covered by this Agreement are the custodians, food service (cooks and helpers) and educational assistants of the school district classifications listed in Section 16.1. The Union and the School District agree that maintenance duties assigned to the teacher at Yale School only would be excluded from the coverage of this agreement. D2. Amend Section 2.1, first paragraph, as follows: Section 2.1. Procedures. The Superintendent shall meet with the Union representative to confer and negotiate matters of mutual concern. Matters not satisfactorily resolved at these meetings, or matters requiring Board action shall be the subject of negotiations between a committee of the Board, including the Superintendent, and Union representatives. It is understood and agreed by the School Board, Superintendent and Union that the matters appropriate for negotiations between the parties shall relate to wages, hours and working conditions. The Employer retains the right and obligation according to Board policy to: D3. Amend Section 3.4 as follows: Section 3.4. The aggrieved employee shall bring his/her grievance to his/her immediate supervisor at Step I below, within ten (10) fifteen (15) working days of its occurrence, or if at the time the employee is unaware of the grievance, within fifteen (15) days of his knowledge of its occurrence within fifteen (15) working days of the time when the grievant could have been expected to have learned of the occurrence. A grievance not brought within the time limit prescribed in Step 1 or submitted within the time limits prescribed for every step thereafter, shall not be considered timely and shall be null and void. A grievance not responded to within the time limits prescribed by the appropriate District representative at each step shall entitle the aggrieved employee's grievance to proceed to the next step. The limits prescribed herein may be waived by mutual agreement, in writing by the aggrieved employee or the Union in a class grievance, and the appropriate representative at each step. D4. Amend Section 3.5.5 as follows: Section 3.5.5. Step 5. If requesting a hearing of the Board, the hearing shall be held within ten (10) days of the receipt of said request with a written response from the Board within five (5) days following the hearing at the next regularly scheduled meeting of the Board, or within twenty (20) days of the receipt of the request for the hearing, whichever is later. U1. Amend Sections 4.1-4.3 as follows: Section 4.1. The Employer may discharge or suspend any employee for just cause (See Exhibit D). The Employer will follow a policy of progressive discipline, which shall include in order: (a) verbal warning (b) written warning (c) suspension without pay, not to exceed three (3) work days; and (d) termination In cases where the severity of the Employee's actions or the gravity of the problem warrants a different mode of discipline, the Employer, at its discretion, may waive the progressive discipline procedure. Further, an employee may exercise the discretion of whether to inform the Union or its representative(s) of a pending discipline action. Section 4.2. The employee and the Union shall receive written notification from the Employer of the employee's suspension/termination and statement of charges. Section 4.3. In case of disciplinary discharge or suspension of an employee, the employee shall be granted, if she/he so request, an opportunity to have the Shop Steward, the Business Representative, or another employee present at any Employer meeting where disciplinary action is discussed. An employee shall be entitled to have present a representative of the Union during any investigative or disciplinary meeting which might reasonably be expected to lead to disciplinary action (see Exhibit E). In such circumstances, the District shall advise the employee that he or she is entitled to union representation, but the failure to provide such notice shall not bar the use of any information obtained from the interview. Section 4.4. Prior to disciplinary discharge, employees shall be afforded Loudermill rights to due process (see Exhibit F). D5. Add a new Section 5.5.6 that reads as follows: Section 5.5.6. References in this section to mail shall also apply to use of District e-mail. D6. Amend Section 6.1 as follows: Section 6.1. In accordance with the policies of the Employer and the Union, it is agreed that there will be no unlawful discrimination against any employee or applicant for employment because of his/her race, sex, age, religion, color, ancestry, sexual orientation, or disability in the administration of the terms of this Agreement, or in hiring. D7. Amend Section 11.3 as follows: Section 11.3. A Temporary Employee is one who is hired for a specific purpose and a specific length of time. In no case shall temporary employment exceed ninety (90) workdays. In addition, a temporary employee schedule shall not exceed six (6) calendar months. Benefits accompany any temporary employee in a position of 60 calendar days or longer. All temporary employees shall be paid holidays. Any extension of this time must be by mutual agreement of the Union. The only other provisions of this Agreement that apply to temporary employees shall be the same provisions as apply to substitute employees under Section 11.4. D8/U2/U9. Amend Sections 12.3 and 12.5 as follows: Section 12.3. Seniority Delimited. Seniority shall be considered broken by discharge, resignation, retirement, or nine (9) consecutive months of layoff greater than two years. Section 12.5. Layoffs and Recalls. Section 12.5.1. When the District contemplates a layoff or an elimination of a position within the bargaining unit, the District shall meet with a representative of the Union in a timely manner to explain the reasons for the layoff. Section 12.5.2. The District shall provide the Union with the names of all employees to be laid off as soon as possible after such determination has been made. Section 12.5.3. An employee who is about to be laid off as a result of being the least senior in a position shall have the opportunity to bump another employee who has less seniority in that classification provided the employee who is about to be laid off can satisfactorily perform the job. The employee may also choose to decline to bump another employee and volunteer for layoff. The employees rights to recall shall be the same as other employees involuntarily laid off. Section 12.5.4. An employee who is about to be laid off as the result of being the least senior in a position and who cannot, for whatever reason, bump into another position in his or her classification shall have the right to bump another employee in any classification which he or she previously held, provided he or she has greater District-wide seniority than the employee he or she seeks to bump and provided further that he or she can satisfactorily perform the job. Section 12.5.5. Employees laid off shall retain the right to recall up to two years from the date they are bid off. Employees recalled by the District shall be reinstated with seniority rights accumulated as of the date of their layoff. An employee recalled by the District for a position comparable to the one from which he/she was laid off and who rejects such an assignment shall not lose his/her recall rights and will be considered for subsequent vacancies along with all other laid off individuals. Before recalling a laid off employee, the District shall comply with the posting and promotion language in Section 12.6 and the adding hours language in Section 12.8. In no case shall a new employee be employed by the District while there are laid off employees who are qualified for a vacant or newly created position unless all laid off employees have rejected the position. Section 12.5.6. Notice of recall shall be sent to the employee by certified mail at his/her last known address. It is the employee's responsibility to apprise the District of their location so that the employer can contact them. Employees shall respond to the recall notice within two (2) business days. Within forty-eight (48) hours after receipt of the recall notice, the employee shall notify the District of his/her intention to return to work or he/she Employees who on the second offer reject or fail to respond to an offer of a comparable position (same classification and within one hour per day of the daily scheduled hours) within this time shall be considered to have voluntarily quit employment with the District. An employee recalled by the District and accepting the position shall have two (2) weeks to report to work if employed elsewhere at the time of recall. New issue. Amend Section 12.6 as follows: Section 12.6. Postings and Promotions. New positions or vacancies shall be posted for current employees at all buildings for five (5) full work days before advertising to outside applicants. All postings will have a posting date and a closing date. All postings will be stamped with current date when posted at the location. All postings will be available to current employees on the District website. A position shall not be considered new or vacant if filled by the transfer of employees as described below. All current employees who meet the minimum qualifications and submits a letter of interest the application materials for a new or vacant position shall be offered an interview. Employees are encouraged to submit updated application materials for their personnel file at any time. Where all relevant factors (such as merit, ability, performance, physical and mental fitness) are relatively equal, length of continuous service shall govern. The District will not consider outside applicants until all current employees have already been interviewed and considered. Prior to any involuntary transfer, the District and the Union will meet to discuss the rationale and selection of employees for transfer. Except for disciplinary transfers subject to just cause, employees will be involuntarily transferred to different assignments within their job classifications only to accommodate changes in student, program or enrollment needs. The District will first ask for volunteers among the affected employees, and if no employee volunteers, the least senior employee in the affected assignment will be reassigned, unless the District and the Union agree otherwise. D9. Delete Section 12.6.2 as follows: Section 12.6.2. The District will attempt to notify any substitute employee who has subbed within the past six (6) months, of any position openings for which they are qualified. D10. Delete Section 12.12 because it is redundant (Section 15.2): Section 12.12. Senior Employees. Senior employees shall have the choice of vacation dates. U7. Amend Section 12.6.1 and 12.13 as follows: Section 12.6.1. Due to the employees' lack of access to the bulletin boards during the summer months, a copy of all classified postings shall be sent to the chairperson of the unit and posted on the Districts website. Prior to the last student attendance day each year, the Union shall inform the Superintendent who the chairperson is of each unit, accompanied with their summer address and phone number The District will maintain an automated e-mail notification system for employees who sign-up to be notified of job openings. Section 12.13. Opportunities for Employees. Section 12.13.1. Scheduled non-school day employment opportunities will be offered by seniority, first to current employees within the classification that work is to be done, once that group has been exhausted current employees outside of said classification shall be offered the opportunities. Current employees accepting these non-school day employment opportunities shall be paid the base rate of the position being filled or the employees regular rate whichever is greater. Section 12.13.2. Employees designated to work shall be notified in writing at least one week prior to the beginning of the work scheduled. Section 12.13.3. A letter of application for employment on non-school days must be on file with the District office by March 15 each year. All letters must be renewed after October 1 of each year. Section 12.13.4. Upon request, the District shall provide the union a list of employees with applications on file. Section 12.13.5. Occasional substitutes for non-school day employment shall be called in a manner consistent with the above: a. Opportunities offered by seniority, first to current employees within the classification and next to employees outside the classification. b. Employees must have a letter on file, as referenced above, to be available for this work. Section 12.13.6. To call occasional substitutes, the list of available employees for non-school day work shall be used as a roster in order of seniority. Regular substitutes are not on the list and only called when reasonable effort has been made to reach members on the list or the list is exhausted. D11/U3. Amend Section 13.3 Section 13.3. Assignment Time. The District shall have the right to establish work schedules and starting times. Generally, Each employee will be assigned a definite shift with designated times of beginning and ending which shall not be changed without two (2) calendar weeks prior notice, or mutual agreement of the employee and supervisor. However, exceptions to this could occur due to emergencies or unusual circumstances, as in the case of building maintenance. U4. Amend Sections 15.3.3 and 15.3.4 as follows; Section 15.3.3. Unused vacation time may not be carried beyond two years, except that employees may carry over vacation to be used in the third year if the employee presents a plan for using the days and the employees supervisor approves the plan. Section 15.3.4. Any person leaving employment and entitled to vacation time will receive up to thirty (30) days vacation pay prorated by workdays in lieu of vacation time provided a minimum of two (2) weeks notice of his/her leaving is given in writing to his/her immediate supervisor or Superintendent. D12/U5. Amend Section 15.5.6, and its subsections, as follows: Section 15.5.6. Personal Leave. The District will provide regular part-time employees three (3) days of personal leave during each school year (non accumulative) for each employee in the bargaining unit. These days will be subtracted from Illness, Injury, Emergency leave accumulation. Unused personal leave days may be carried over to a future school year up to a maximum of five (5) days. Personal leave may not be used the first or last student attendance week nor to extend a holiday without expressed written permission of the superintendent or his/her designee. All regular full-time employees will be granted 2 days (non-accumulative) personal leave. This personal leave will be for significant personal reasons which cannot be conducted outside the school day and cannot be used for leave that is covered under other sections of this Agreement and is not part of Illness, Injury, Emergency leave accumulation. Custodians/Grounds leave is granted upon the Maintenance Directors receipt of a written request. All other full-time regular employees leaves are granted upon written request to their supervisor or designated administrator. Employees with more than ten (10) years service may schedule these days in conjunction with Vacation days. Section 15.5.6.1. Personal leave may not be used the first or last student attendance week nor to extend a holiday without expressed written permission of the superintendent or his/her designee. Section 15.5.6.2. Exception, Custodian/Grounds and all other full-time regular employees. All regular full-time employees will be granted 2 days (non-accumulative) personal leave. This personal leave will be for significant personal reasons which cannot be conducted outside the school day and cannot be used for leave that is covered under other sections of this Agreement and is not part of Illness, Injury, Emergency leave accumulation. Custodians/Grounds leave is granted upon the Maintenance Directors receipt of a written request. All other full-time regular employees leaves are granted upon written request to their supervisor or designated administrator. Employees with more than ten (10) years service may schedule these days in conjunction with Vacation days. D13/U6. Amend Section 15.5.7 as follows: Section 15.5.7. Extended Leave. Upon recommendation of the immediate supervisor through administrative channels to the Superintendent, and upon approval of the Board of Directors, an employee may be granted an extended leave of absence, without pay, for a period not to exceed six (6) months. Upon application, the leave of absence may be extended for an additional six (6) months. This leave may also be granted when an employee's illness/injury leave is expended and the employee is not able to return to work. The employee shall retain accrued sick leave, vested vacation rights, and seniority rights while on leave of absence. However, seniority, vacation credits and sick leave shall not continue to accrue while the employee is on leave of absence (except that seniority shall continue to accrue for employees on L&I). The employee shall have the option upon their return to resume the position they held when the leave began, unless the position no longer exists. The employee granted a leave of absence for a specific amount of time will be expected to remain on leave for the term granted. U10. Amend Sections 15.6 and 15.8 as follows: Section 15.6. Medical Benefits. Health benefits in the amount provided from the State for each employee minus the carve-out for retired members will be passed on to employees in the proportion of their full-time equivalency (based on 1440 hours per year). The district will provide up to $50 per month in the 2007-08 school year and up to $55 per month in the 2008-09 and 2009-10 2010-11 and 2011-12 school years of the HCA carve out for retired members back to each employee for employees' medical benefits. If any funds remain after pooling for basic benefits, those funds must be equally divided between all employees in the unit and may be used for optional benefit plans. Members of the Union will receive from the District a written statement of premium costs annually, no less than ten (10) working days prior to enrollment period deadline. Section 15.8. Training Fund. The District shall provide an annual budget of at least $2,500 for the training and professional development of members of this bargaining unit. Such funds shall be available for the cost of registration, materials, travel and employee time involved in a training or professional development opportunity as forwarded with recommendation by the employees administrative supervisor and approved by the Superintendent or designee. For the 2010-11 and 2011-12 school years, the District shall suspend the training fund and instead contribute $5 per month per FTE additional toward the HCA carve out. Section 15.8. 15.9 Employee Assistance Program. The District will provide an employee assistance program that includes at least three visits per employee annually. For the 2010-11 and 2011-12 school years, the District shall suspend contributions to the EAP program and instead contribute $2 per month per FTE additional toward the HCA carve out. U8. Add a new Section 15.6.3 to read as follows: Section 15.6.3. A paraeducator hired to work with a specific student only when the student is at school shall have his/her benefits based on the posted weekly hours of work. U11. Amend Section 16.1 as follows: Section 16.1. Wages. For the 2007-08 school year duration of this agreement, the wage rates from the previous school year shall be increased by 3.7% (as shown below). For the 2008-09 and 2009-10 school years, the wage rates below shall be increased by the Initiative 732 COLA or other classified staff funding formula increase applicable on a statewide basis which is identified and funded in the state appropriations act plus one-half percent (.5%). Substitutes shall receive the base wage rate for the position being filled. U16. Add a new Section 16.12 to read as follows: Section 16.12. When an employee is asked to work on a committee to develop or implement a grant proposal, upon the Unions request, the District will meet with the Union to determine whether the work should be paid at the employees regular hourly rate or a special rate negotiated for that specific project. U12. Amend Sections 17.1 and 17.2 as follows: Section 17.1. This agreement, as ratified, shall remain in effect until August 31, 2010 2012, but Article 15, Section 6 (Medical Benefits) may be reopened for negotiations annually upon request of either party in order to comply with changes mandated by state/federal law only. Section 17.2. This Agreement represents the entire Agreement between the Board and the Union and supersedes all prior agreements and cancels all previous written agreements between the parties and shall become of full force and effect until midnight, August 31, 2010 2012. U13. Add a new Exhibit D to read as follows: Exhibit D What Does "Just Cause" Mean? The concept of just cause, referenced in Section 4.1, requires that there be fundamental fairness in decisions related to the discipline and discharge of employees. Arbitrators have articulated many definitions and explanations of "just cause" over the years, including, but not limited to the following tests: 1. Did the employer give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee's conduct? 2. Was the employer's rule or managerial order reasonably related to the orderly, efficient, and safe operation of the business? 3. Did the employer, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? 4. Was the employer's investigation conducted fairly and objectively? 5. At the investigation, did the judge obtain substantial evidence or proof that the employee was guilty as charged? 6. Has the employer applied its rules, orders, and penalties evenhandedly and without discrimination to all employees? 7. Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the employee's proven offense and (b) the record of the employee in his or her service with the employer? These tests are printed here for the education of employees and supervisors, and not as a limitation on the rights of the parties in any particular case. U14. Add a new Exhibit E that reads as follows: Exhibit E WHAT IS THE WEINGARTEN Right? The Weingarten right, referenced in Section 4.3, requires that an employee be given the opportunity to have union representation at an employers investigatory interview pertaining to the discipline, discharge or suspension of that employee. This rule recognizes that the presence of an able union representative at an investigatory interview may assist the employer in obtaining facts, and may help both sides save valuable time in getting to the bottom of the issue. This opportunity includes the following principles: 1. The employee must request union representation. 2. Rescheduling a meeting to permit a union representative to be present may be appropriate, but the unavailability of a union representative may not unreasonably delay the investigation. 3. The right applies to situations where the employee reasonably believes the investigation will result in disciplinary action. This right does not pertain to run-of-the-mill-shop-floor conversations including but not limited to giving instructions, training or needed correction of work techniques. 4. The union representatives role is to assist the employee, not to disrupt or obstruct the interview. The representatives role may include clarifying facts or suggesting other employees with relevant knowledge. 5. If an employee requests union representation, the employer may decide to continue the investigation without interviewing the employee. The employer is not required to justify this decision. These duties and responsibilities are printed here for the education of employees and supervisors, and not as a limitation on the rights of the parties in any particular case. U15. Add a new Exhibit F to read as follows: exhibit F WHAT IS THE LOUDERMILL RIGHT? The Loudermill right, referenced in Section 4.4, is a constitutional right to fundamental fairness in proceedings relating to the discharge of public employees. The Loudermill right requires that public employees with a property interest in continued employment be afforded the following elements of due process prior to termination: 1. A clear and actual notice of the reasons for termination in sufficient detail to enable the employee to present evidence relating to them. 2. Notice of the evidence supporting the allegations against the employee and the specific nature of factual basis for the charges. 3. A reasonable time and opportunity to present evidence in the employees own defense. 4. A formal or informal hearing before an impartial decision-maker. The pre-termination hearing need not definitely resolve the propriety of the discharge. It should be an initial check against mistaken decisions essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action. This information is provided for the education of employees and supervisors and is not a limitation on the rights of the parties in any particular case.     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