MACSA Contract - SEIU Local 521

Transcription

Collective Bargaining Agreement
Between
MACSA
Mexican American Community Services Agency
And
Local 521
Service Employees International Union, CLC
July 1, 2006 – June 30, 2009
TABLE OF CONTENTS
PREAMBLE .................................................................................................................... 1
ARTICLE 1 – RECOGNITION ........................................................................................ 1
Section 1.1 ............................................................................................................................... 1
Section 1.2 ............................................................................................................................... 1
Section 1.3 ............................................................................................................................... 1
Section 1.4 ............................................................................................................................... 1
Section 1.5 ............................................................................................................................... 2
ARTICLE 2 – NO DISCRIMINATION/HARASSMENT ................................................... 2
Section 2.1 ............................................................................................................................... 2
Section 2.2 ............................................................................................................................... 2
ARTICLE 3 – UNION SECURITY ................................................................................... 2
Section 3.1 - Union Shop ........................................................................................................ 2
Section 3.2 - Dues ................................................................................................................... 3
Section 3.3 - Reinstatement ................................................................................................... 3
Section 3.4 - Indemnification ................................................................................................. 3
Section 3.5 - Verification of Bargaining Unit Membership .................................................. 3
Section 3.6 - COPE Deduction ............................................................................................... 3
ARTICLE 4 – UNION BUSINESS ................................................................................... 4
Section 4.1 - Access ............................................................................................................... 4
Section 4.2 - Stewards ............................................................................................................ 4
Section 4.3 - Representation in Meetings ............................................................................. 4
Section 4.4 - Bulletin Boards ................................................................................................. 4
Section 4.5 - Use of Facilities................................................................................................. 4
Section 4.6 - Report of New Hires.......................................................................................... 5
Section 4.7 - Printing of Agreement ...................................................................................... 5
Section 4.8 - Union Orientation.............................................................................................. 5
Section 4.9 - Negotiating Team .............................................................................................. 5
Section 4.10 - Union Insignia ................................................................................................. 5
ARTICLE 5 – MANAGEMENT RIGHTS ......................................................................... 5
Section 5.1 ............................................................................................................................... 5
Section 5.2 ............................................................................................................................... 6
ARTICLE 6 – PROBATIONARY PERIOD ...................................................................... 6
Section 6.1 ............................................................................................................................... 6
ARTICLE 7 – SENIORITY .............................................................................................. 6
Section 7.1 - Definition ........................................................................................................... 6
ARTICLE 8 – JOB SECURITY ....................................................................................... 7
Section 8.1 - Seniority Defined During Layoff ...................................................................... 7
Section 8.2 - Transfer of Prior Agency Service .................................................................... 7
Section 8.3 - Changes to Classifications .............................................................................. 7
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Section 8.4 - Consideration and Notice of Layoffs .............................................................. 7
Section 8.5 - Order of Layoff .................................................................................................. 7
Section 8.6 - Transfer to Vacancy in Lieu of Layoff ............................................................. 7
Section 8.7 - Bumping ............................................................................................................ 7
Section 8.8 - Other Vacancies ................................................................................................ 8
Section 8.9 - Recall ................................................................................................................. 8
Section 8.10 - Temporary Work for Laid Off Employees ..................................................... 8
Section 8.11 - Names Dropped from Recall List .................................................................. 8
Section 8.12 - Rights Restored .............................................................................................. 8
Section 8.13 - Hours Reduction ............................................................................................. 8
ARTICLE 9 – POSITION VACANCIES........................................................................... 8
Section 9.1 - Posting and Hiring ............................................................................................ 8
Section 9.2 - Qualifications .................................................................................................... 9
Section 9.3 - Union Copy ........................................................................................................ 9
Section 9.4 - Promotions ........................................................................................................ 9
Section 9.5 - Transfers ........................................................................................................... 9
ARTICLE 10 – JOB DESCRIPTIONS............................................................................. 9
Section 10.1 ............................................................................................................................. 9
ARTICLE 11 – GRIEVANCE PROCEDURE ................................................................. 10
Section 11.1 - Definitions ..................................................................................................... 10
Section 11.2 - Step 1: Informal Oral Grievance .................................................................. 10
Section 11.3 - Step 2: Formal Written Grievance ............................................................... 10
Section 11.4 - Step 3: Agency Chief Executive Officer/Board Personnel Committee .... 11
Section 11.5 - Step 4: Mediation .......................................................................................... 11
Section 11.6 - Step 5: Binding Arbitration .......................................................................... 12
Section 11.7 - Step 6: Abitrability ........................................................................................ 12
ARTICLE 12 – DISCIPLINE AND DISCHARGE .......................................................... 13
Section 12.1 - Standard Discipline ...................................................................................... 13
Section 12.2 - Forms of Discipline....................................................................................... 13
Section 12.3 - Notice of Discipline....................................................................................... 13
Section 12.4 - Representation in Disciplinary Meetings.................................................... 13
Section 12.5 - Personnel Files ............................................................................................. 13
ARTICLE 13 – HEALTH AND SAFETY ....................................................................... 14
Section 13.1 - Safe Work Environment ............................................................................... 14
Section 13.2 - Staffing........................................................................................................... 14
Section 13.3 - Assault Prevention ....................................................................................... 14
ARTICLE 14 – CATEGORIES OF EMPLOYMENT ...................................................... 15
Section 14.1 - Regular Employees....................................................................................... 15
Section 14.2 - Regular Full-time Employees....................................................................... 15
Section 14.3 - Regular Part-time Employees ...................................................................... 15
Section 14.4 - Temporary Employees ................................................................................. 15
Section 14.5 - On-call Substitute Employees ..................................................................... 15
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ARTICLE 15 – MILEAGE REIMBURSEMENT ............................................................. 15
Section 15.1 ........................................................................................................................... 15
ARTICLE 16 – HOURS OF WORK/OVERTIME/COMPENSATORY/FLEXTIME ......... 15
Section 16.1 - Hours of Work ............................................................................................... 15
Section 16.2 - Designated Workweek .................................................................................. 16
Section 16.3 - Overtime ........................................................................................................ 16
Section 16.4 - Distribution of Overtime/Additional Hours ................................................. 16
Section 16.5 - Schedule Change .......................................................................................... 16
Section 16.6 - Flextime ......................................................................................................... 16
Section 16.7 - Meal Periods .................................................................................................. 17
ARTICLE 17 – HOLIDAYS ........................................................................................... 18
Section 17.1 - Recognized Holidays .................................................................................... 18
Section 17.2 - Charter School Employees .......................................................................... 18
Section 17.3 - Holidays on Weekends ................................................................................. 18
Section 17.4 - Holiday Pay.................................................................................................... 18
ARTICLE 18 – VACATION ........................................................................................... 18
Section 18.1 - Eligibility ........................................................................................................ 18
Section 18.2 - Vacation Accrual ........................................................................................... 19
Section 18.3 - Vacation Carry-Over ..................................................................................... 19
Section 18.4 - Vacation Balance .......................................................................................... 19
Section 18.5 - Vacation Payoff ............................................................................................. 19
Section 18.6 - Vacation Scheduling..................................................................................... 19
Section 18.7 - Charter Schools ............................................................................................ 20
ARTICLE 19 – LEAVES OF ABSENCE ....................................................................... 20
Section 19.1 - Leaves Without Pay (LWOP) ........................................................................ 20
Section 19.2 - Voting Time Off ............................................................................................. 20
Section 19.3 - School Participation Time Off...................................................................... 21
Section 19.4 - Military Leave of Absence ............................................................................ 21
Section 19.5 - Family/Medical Leave of Absence ............................................................... 21
Section 19.6 - Leave for Union Business ............................................................................ 21
ARTICLE 20 – SICK LEAVE ........................................................................................ 22
Section 20.1 - Rate of Accrual.............................................................................................. 22
Section 20.2 - Sick Leave Accrual ....................................................................................... 22
Section 20.3 - Sick Leave Usage.......................................................................................... 22
Section 20.4 - Vacation Illness Conversion ........................................................................ 22
Section 20.5 - Personal Paid Time Off Conversion ............................................................ 22
Section 20.6 - Doctors’ Notes .............................................................................................. 22
ARTICLE 21 – BEREAVEMENT LEAVE ..................................................................... 22
Section 21.1 - Bereavement Leave Defined ........................................................................ 22
Section 21.2 - Full-time Employees ..................................................................................... 23
Section 21.3 - Part-time Employees .................................................................................... 23
ARTICLE 22 – JURY DUTY ......................................................................................... 23
Section 22.1 - Jury Duty ....................................................................................................... 23
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Section 22.2 - Leave to Appear as a Witness ..................................................................... 23
ARTICLE 23 – WORKER’S COMPENSATION ............................................................ 23
Section 23.1 - Workers Compensation................................................................................ 23
Section 23.2 - Personal Physician ....................................................................................... 23
Section 23.3 - Compensation for Industrial Leave ............................................................. 23
Section 23.4 - Health Insurance ........................................................................................... 24
Section 23.5 - Temporary Modified Work Assignments .................................................... 24
ARTICLE 24 – EDUCATIONAL ASSISTANCE/TRAINING ......................................... 24
Section 24.1 - Educational Assistance/Training ................................................................ 24
Section 24.2 - Workshops and Conferences ...................................................................... 24
Section 24.3 - Adjustment of Schedule to Accommodate Education .............................. 25
Section 24.4 - Teacher Training Program ........................................................................... 25
ARTICLE 25 – PAYDAYS ............................................................................................ 25
Section 25.1 ........................................................................................................................... 25
ARTICLE 26 – COMPENSATION................................................................................. 25
Section 26.1 - Salary Schedule ............................................................................................ 25
Section 26.2 - Cost of Living Increases .............................................................................. 26
Section 26.3 - Promotions .................................................................................................... 26
Section 26.4 - Transfers........................................................................................................ 26
Section 26.5 - Living Wage ................................................................................................... 26
Section 26.6 - Temporary Work in a Higher Classification ............................................... 26
Section 26.7 - Lead Differential ............................................................................................ 26
Section 26.8 - Annual Gratuity ............................................................................................. 27
Section 26.9 – Stipends ........................................................................................................ 27
ARTICLE 27 – HEALTH BENEFITS............................................................................. 27
Section 27.1 - Life Insurance................................................................................................ 27
Section 27.2 - Health Insurance Plans ................................................................................ 27
Section 27.3 - Health-Care Waiver Payment ....................................................................... 27
ARTICLE 28 – RETIREMENT ...................................................................................... 27
Section 28.1 - Charter School Employees .......................................................................... 27
Section 28.2 - 403(B) Plan .................................................................................................... 28
Section 28.3 - Tax Deferred Annuity Plan ........................................................................... 28
ARTICLE 29 – LABOR/MANAGEMENT COMMITTEE/BUDGETS ............................. 28
Section 29.1 - Labor/Management Committee ................................................................... 28
Section 29.2 - Participant Care/Safety Issues/Professional Input .................................... 28
Section 29.3 - Agency Program Budgets ............................................................................ 29
Section 29.4 - Programmatic Budgets and Supplies ......................................................... 29
ARTICLE 30 – NO STRIKE - NO LOCK OUT .............................................................. 29
Section 30.1 ........................................................................................................................... 29
ARTICLE 31 – SEVERABILITY .................................................................................... 29
Section 31.1 ........................................................................................................................... 29
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ARTICLE 32 – FULL AGREEMENT ............................................................................. 29
Section 32.1 - Negotiated Agreement.................................................................................. 29
Section 32.2 - New Matters ................................................................................................... 29
ARTICLE 33 – TERM OF AGREEMENT ...................................................................... 30
APPENDIX A ...................................................................... Error! Bookmark not defined.
SALARY SCHEDULE (3% COLA) ......................................................................................... 32
Effective July 1, 2006 – June 30, 2007 ................................................ Error! Bookmark not defined.
APPENDIX B ...................................................................... Error! Bookmark not defined.
SALARY SCHEDULE (3% COLA) ........................................... Error! Bookmark not defined.
APPENDIX C ...................................................................... Error! Bookmark not defined.
SALARY SCHEDULE (3% COLA) ........................................... Error! Bookmark not defined.
APPENDIX D – STIPENDS .......................................................................................... 40
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PREAMBLE
This Agreement is entered into by the Mexican American Community Services Agency
(hereinafter referred to as “Employer”) and Service Employees International Union,
Local 521, CLC (hereinafter referred to as “Union”).
ARTICLE 1 – RECOGNITION
Section 1.1
The Employer and the Union agree to act at all times so as to assure dignity and
respect for all employees that work for the Agency.
Section 1.2
The Employer recognizes the Union as the exclusive bargaining representative for the
purpose of collective bargaining for employees who are not managers, supervisors or
confidential, but including the following classifications: Activity Aide, Administrative
Assistant, After School Program Specialist, Case Manager, Coach, Computer Education
Specialist,
Computer
Lab
Assistant,
Computer
Literacy
Specialist,
Custodian/Maintenance Assistant, Dietician, Driver, Housing Assistant, Intervention
Program Specialist, Job Developer, Lead Teacher, Licensed Vocational Nurse,
Outreach/Educator, Program Aide, Program Assistant I, II & III, Program Specialist,
Program Specialist II, Receptionist, Registered Nurse, Social Work Assistant, and
Teacher.
The appropriate unit shall consist of all classifications, whether regular part time or full
time, temporary, per diem, on-call, or probationary that are not supervisory or
confidential as defined by the National Labor Relations Act.
Section 1.3
In the event that the Employer sells, transfers, acquires, or assigns all or part of its right,
title, or interest in the operation of the Employer, or in the event there is a change in the
form of non-profit status and/or operation of the Employer, the Employer further agrees
that a condition to any such sale, transfer, acquisition, or assignment, the Employer will
obtain from its successor or successors in interest, a written assumption of this
Agreement and furnish a copy thereof to the Union, in which event the assignor shall be
relieved of its obligations hereunder to the extent that the assignor has fully transferred
its rights, title, or interest. The Employer agrees to give the Union sixty (60) days notice
if such an event takes place and meet with the Union to negotiate the impact to
bargaining unit members.
Section 1.4
As other classifications are created that are non-managerial, non supervisory and nonconfidential, but share a community of interest with the above bargaining unit
classifications, the parties agree that the Union shall be recognized as the exclusive
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bargaining agent for those employees. The Employer agrees to meet and negotiate
with the Union, the wage rate and job description of any such future classifications.
Section 1.5
Should the Employer merge with or acquire another entity, the Employer of that entity
will fall under this Agreement. The Employer will provide a sixty (60) day notice to the
Union of such an entity and an opportunity to meet and negotiate the contract.
ARTICLE 2 – NO DISCRIMINATION/HARASSMENT
Section 2.1
No employee covered by this Agreement shall be discriminated against because of
membership in the Union or activities on behalf of the Union, and the Union agrees that
employees shall be admitted to membership without discrimination. Neither the
Employer nor the Union shall not discriminate (except as allowed by law) for or against
any employee covered by this Agreement on account of race, sexual orientation, color,
religion, national origin, age, sex, political affiliation, marital status, medical condition,
disabled veteran or physical or mental disability. The Employer and the Union agree
that the provisions of this Agreement shall be implemented and applied to all employees
without discrimination on the same basis.
Section 2.2
The Employer and the Union are committed to providing a working environment that is
free from all forms of harassment, including sexual harassment and harassment
because of race, religion, national origin, physical or mental disability, marital status,
age, sexual orientation, or other categories protected by federal, state or local law. All
such harassment will not be tolerated.
ARTICLE 3 – UNION SECURITY
Section 3.1 - Union Shop
All employees currently employed in the bargaining unit on the effective date of the
Agreement who have authorized Union dues deduction shall have such deduction occur
within thirty (30) calendar days.
As a condition of employment, all other unit employees who are or become covered by
this Agreement shall, within thirty (30) calendar days of hire or within thirty (30) calendar
days of the effective date of the Agreement, whichever occurs first, become Union
members in good standing. Union members shall have dues deducted upon providing
written authorization to the Employer.
The Employer may submit the information on one report to the Union for Sections 3.2
(a), 3.2 (b), 3.5, and 3.6.
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Section 3.2 - Dues
If any employee fails to authorize the above deduction, the Employer shall, upon written
notification from the Union, give the employee seven (7) working days to comply. If the
employee continues to fail to comply or refuses to provide such authorization or
payment, s/he shall be dismissed upon the Union’s written request.
a.
Forwarding of Dues
The Employer shall remit to the Union all dues deducted on a monthly basis.
The Employer shall supply the Union with an accompanying list with the names,
(alpha by last name) addresses, classifications, membership status, Social
Security Number, pay period number, base wage rate and deduction amount for
bargaining unit employees. The Employer will also provide the Union with the
names of all bargaining unit employees terminated in the intervening period.
Terminations, leaves, new hires, retirements shall be provided monthly.
b.
Charity Fee Deduction
To qualify for deduction of the Charity Fee, in lieu of paying dues, the employee
must certify to the Union and the Employer that s/he is a member of a bona fide
religious body whose traditional tenets or teachings include objections to joining
or financially supporting public employer organizations. Such certification shall
be made by a letter properly signed by an official of the bona fide religion, body
or sect, certifying the unit employee’s membership therein. The deduction shall
not be forwarded to the charity until the Union has notified the Employer that the
Union has approved of the exemption. The Union will receive from the Employer
proof of quarterly payment to the charity of the employee’s choice.
Section 3.3 - Reinstatement
Upon the reinstatement of any employee, or upon the recalling of any employee from
layoff status or upon the return, the Employer will resume or initiate dues for such unit
member in accordance with Section 3.1 of this Article.
Section 3.4 - Indemnification
The Union agrees to indemnify and hold the Employer harmless from any claim,
demand or suit and any other action arising from the provisions of this Article, including
the costs, attorneys’ fees, and other expenses of defending against such a claim.
Section 3.5 - Verification of Bargaining Unit Membership
The Employer agrees to submit to the Union on a monthly basis, a list of all bargaining
unit members including names, Social Security Number, addresses, telephone
numbers, classifications, hire dates, worksite location, and salary steps.
Section 3.6 - COPE Deduction
Employees may voluntarily elect to have contributions deducted from their paychecks
for the Union COPE Fund. Such deductions shall be continued until such authorization
is revoked in writing. The Employer shall transmit to the Union such deductions once
monthly on a check separate from regular dues deduction.
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ARTICLE 4 – UNION BUSINESS
Section 4.1 - Access
Duly authorized Worksite Organizer(s) of the Union shall be permitted at all reasonable
times to enter the facilities operated by the Employer for the purpose of transacting
Union business and observing conditions under which employees are employed;
provided however, that no interruption of the work of employees shall result. The
Worksite Organizer(s) shall first sign in before entering the work area(s) and shall sign
out when leaving on forms made available by the Employer when making such visits.
Section 4.2 - Stewards
The Employer agrees to recognize a reasonable number of Stewards and Alternate
Stewards for the bargaining unit. The Steward or Alternate may receive complaints
from bargaining unit members. A Steward and/or the Worksite Organizer may present
the issues/grievances to management and see that the terms and conditions of the
Agreement are observed provided that such activity does not unduly interfere with the
work assignment of the Steward(s) or other employees.
With prior Employer authorization, the Employer will provide paid time to the Union
stewards for the purpose of conducting their duties when such duties are performed
within the stewards’ regular work schedule. The parties will mutually agree to the
amount of time needed to carry out such duties. While on work time, the Steward will
notify his/her immediate supervisor or other representative of the Employer of the
authorization to conduct Union business.
Such Steward requests will not be
unreasonably denied. The Union will notify the Employer, in writing, of the names of all
duly authorized stewards and Worksite Organizer(s) within thirty (30) days of the
execution of this Agreement or assignment/appointment changes as they are made.
Section 4.3 - Representation in Meetings
Employees have the right to have a Union Steward present at meetings with
supervisors or management representatives when the employee believes that such a
meeting may be disciplinary in nature.
Section 4.4 - Bulletin Boards
The Employer shall provide space in each facility for a bulletin board for the use of the
Union. The Union assumes all responsibility for material that it authorizes for posting on
the bulletin board. The Union agrees to indemnify and hold the Employer harmless
from any claim, demand or suit and any other action arising from the provisions of this
Article, including the costs, attorneys’ fees, and other expenses of defending against
such a claim.
Section 4.5 - Use of Facilities
The Union shall be allowed access to Employer facilities, including meeting rooms, for
conducting meetings and other Union business. The Union shall comply with the
Employer’s facility use procedures and policies.
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Section 4.6 - Report of New Hires
Within twenty (20) working days of a bargaining unit member being hired, the Employer
will notify the Union of the name of the affected bargaining unit member, classification,
shift (day or evening), the date of hire, the rate of pay, and the bargaining unit member’s
home address and phone number.
Section 4.7 - Printing of Agreement
The parties agree to share equally the cost of printing 200 bound copies of the
Agreement at the Union office. The design and format will be jointly determined. If
there are additional costs, each party will share the cost at fifty percent (50%) each.
Section 4.8 - Union Orientation
An on-duty Union Steward will have fifteen (15) minutes during the Employer’s regular
orientation to make a presentation to new bargaining unit employees.
Section 4.9 - Negotiating Team
The Employer will pay release time for attendance at bargaining sessions for up to five
(5) bargaining unit employees. The parties will cooperate to set meeting times that will
have the least impact on programs of the Employer.
Section 4.10 - Union Insignia
Employees will be permitted to wear buttons and t-shirts bearing the Union insignia on
work time. Except for concerted activity, employees who are responsible for presenting
workshops to clients are expected to dress in professional attire.
ARTICLE 5 – MANAGEMENT RIGHTS
Section 5.1
Except as specifically limited by the express terms of this Agreement, the Employer
exclusively reserves and retains solely and exclusively all its inherent rights to manage
its business as such rights existed prior to the execution of this Agreement. Among
those rights of management shall be to:
1.
Hire, promote (the Employer being the sole judge of competency in
selecting candidates in filling positions internally or through outside
sources), demote, transfer, discipline, discharge, and lay off employees;
including consideration given to performance, competency, skills,
qualifications and experience needed to perform the work.
2.
Establish, modify, eliminate job classifications and determine which
position(s) are to be eliminated.
3.
Determine the size, composition, organization of the work force as a
whole, as well as to particular functions and services because of lack of
work or funding.
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4.
To direct the work force, maintain order and efficiency, and to establish
and enforce work rules, rules on conduct and policies.
5.
Establish and enforce standards of quality and quantity and methods of
operation of its facilities.
6.
To schedule work and adjust schedules to provide and most effective and
appropriate delivery of services.
7.
Direct and control its operations, including the number, locations, and
types of operations as in its judgment is required by the needs of its
business, including the right to move, transfer or relocate any part of its
business and the methods and procedures to be employed to discontinue
operations.
Section 5.2
The exercise of these rights will not conflict with the provisions of this Agreement and
such rights shall be exercised with due regard to the rights of MACSA employees
expressly set forth herein.
ARTICLE 6 – PROBATIONARY PERIOD
Section 6.1
Employees shall serve a probationary period of one-hundred and eighty (180) calendar
days before achieving regular status in their position. Employees may be disciplined or
discharged at any time, without cause and without recourse to the grievance procedure
during the probationary period.
ARTICLE 7 – SENIORITY
Section 7.1 - Definition
Except as otherwise provided in this Agreement, seniority is defined as date of hire
within a classification with the Employer or the date an employee entered the bargaining
unit from a non-bargaining unit position, except as otherwise provided in this Article. A
separate seniority list will be maintained for full time and part time employees, by
classification. For the purpose of computing total length of service, an employee will be
given credit for all time in any classification in which regular status had been formally
held. In the event an employee is promoted, their seniority shall be calculated from the
date the employee entered the new classification. Date of hire shall be adjusted for all
time on leave without pay which extend beyond one (1) year, but shall not be adjusted
for all time on approved leaves or paid time off. Seniority shall be broken by an
employee’s resignation; retirement; discharge (unless reinstated through the grievance
process); or transfer to a non-bargaining unit position; layoffs in excess of one (1) year;
or, failure of an employee to return from an approved leave of absence three (3) days
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after the designated date. If an employee terminates his/her employment and is rehired
within one (1) year, his/her seniority for the time he/she worked will be restored.
ARTICLE 8 – JOB SECURITY
Section 8.1 - Seniority Defined During Layoff
Except as otherwise provided in this Agreement, seniority is defined in Article 7 above.
Section 8.2 - Transfer of Prior Agency Service
Subject to the successful completion of the probationary period as set forth in Article 6,
if a function of another agency is transferred to the Employer, the seniority of employees
who transfer with the function shall be computed based upon application of the
definition of Article 7 above, to each employee’s prior service with the other agency.
Section 8.3 - Changes to Classifications
The Employer and the Union agree to the extent possible, that employees should not
lose their rights under this Article because titles, classifications, and/or job specifications
have been revised, established, abolished or re-titled.
Section 8.4 - Consideration and Notice of Layoffs
It is agreed between the parties that attrition is the preferred method of accomplishing
any necessary reduction in the workforce. The Employer will make every reasonable
effort to avoid layoffs. When the Employer determines that a layoff is imminent within
the bargaining unit, it shall give the Union and any affected bargaining unit member(s)
thirty (30) calendar days notice. Such notice shall describe the general areas which
may be affected and the circumstances requiring the layoff. Upon request, the Union
shall be afforded the opportunity to meet with the Employer prior to any such layoff to
discuss these matters and any proposed alternatives.
Section 8.5 - Order of Layoff
Prior to any layoff of a regular employee, temporary employees will be laid off. Regular
employees will be laid off in inverse order of seniority.
Section 8.6 - Transfer to Vacancy in Lieu of Layoff
In the event of notice of layoff, any employee so affected will be allowed to transfer to a
vacant position the Agency has determined to be filled with his/her current classification
or any classification at the same or lower level in which regular status had formerly been
held. The rate of pay shall be adjusted in accordance with the wage scale for the
position to which the employee transfers. Employees will not be required to transfer to
vacant positions formerly held if the level for such vacancy would be lower than the level
of any classification to which an employee could exercise bumping rights.
Section 8.7 - Bumping
An employee who is laid off and does not have an available vacancy in his/her
classification to claim, shall be able to displace the least senior employee in the same
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classification provided he/she meets the qualifications to perform such work or
previously held such position. The provisions of this Article would then apply to the
displaced person.
Section 8.8 - Other Vacancies
A laid off employee who does not have a vacant position or bumping opportunity within
his/her classification shall have preferential rights to claim any vacancy in the Agency
for which they are qualified.
Section 8.9 - Recall
Laid off employees and employees who transfer to a lower paid classification will retain
recall rights for one (1) year. Such employees will be recalled to vacant positions in
their classification in order of seniority. Such employees will be given preferential recall
rights to any vacancy outside their classification for which they meet the qualifications.
Section 8.10 - Temporary Work for Laid Off Employees
Interested employees who are placed on the recall list due to layoff and who elect to be
available for temporary work shall be given preference for such work for any
classification for which they qualify. The election to be available for temporary work
may be made at the time of layoff, or in writing at any time to the Employer. Acceptance
of the temporary assignment is not subject to regular employee benefits as defined in
this Agreement. Employees may decline to be available for temporary work or may
decline such work itself without affecting any rights under this Article.
Section 8.11 - Names Dropped from Recall List
No name shall be carried on a recall list for a period longer than one (1) year, and the
names of persons re-employed in a regular position within the same classification shall,
upon such re-employment, be dropped from the list. Refusal to accept one (1) of three
(3) offers of re-employment within the same classification shall cause the name of the
person to be dropped from that recall list.
Section 8.12 - Rights Restored
Upon re-employment of an employee from the recall list, all rights acquired by an
employee prior to his/her placement on such list, including seniority, shall be restored.
Section 8.13 - Hours Reduction
Reduction in the regularly scheduled hours of employees shall be treated as a layoff
under this Article, except in cases where funding allows the Employer to increase an
employee’s hours on a temporary basis.
ARTICLE 9 – POSITION VACANCIES
Section 9.1 - Posting and Hiring
A position or shift vacancy shall be posted in a manner accessible to all employees in
each facility for a period of five (5) working days, excluding Saturday, Sunday and
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holidays before it is filled on a regular basis. Each employee who applies for a posted
position shall receive full consideration for appointment to said position and shall be
interviewed if they meet the qualifications. Where skills and ability are roughly
equivalent, internal candidates will be given preference over external candidates.
Where there is more than one internal candidate, and skills and abilities are roughly
equivalent, seniority shall prevail.
Section 9.2 - Qualifications
Qualifications for vacant positions shall appear on position postings and shall be based
on job requirements.
Section 9.3 - Union Copy
The Employer will provide one copy of the job posting to the Union at the time it is
processed.
Section 9.4 - Promotions
Employees who are promoted to a new position shall be given orientation as to the
responsibilities and tasks of the new position, and such employees shall have their
performance evaluated for a period up to ninety (90) days. If, at the end of this ninety
(90) day period the employee fails to qualify in the new position, the employee will
return to his/her former position without change of his/her former salary and no loss to
other rights. The bumped employee, if the vacancy was filled, shall have the right to
apply for any other existing position and will be given the position where the skills,
qualifications and ability of applicants for the posted position are equal.
Section 9.5 - Transfers
Employees who transfer to a new position shall be given orientation as to the
responsibilities and tasks of the new position, and such employees shall have their
performance evaluated for a period up to ninety (90) days. If, at the end of the ninety
(90) day period the employee fails to qualify in the new position, the employee will
return to his/her former position without change of his/her former salary and no loss to
other rights. The bumped employee, if the vacancy was filled, shall have the right to
apply for any other existing position and will be given the position where the skills,
qualifications and ability of applicants for the posted position are equal.
ARTICLE 10 – JOB DESCRIPTIONS
Section 10.1
The Employer shall maintain descriptions setting forth job duties in accordance with
duties necessary to perform the job.
At the time an employee commences work or is assigned a new position, s/he will be
provided with a job description outlining the duties, schedule, and assignments of that
position to understand the requirements of the new job. Job descriptions shall be made
available to the Union upon request.
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If the Employer decides to revise or create new job descriptions, it will provide the
affected bargaining unit member(s) of that classification and the Union reasonable
notice of that decision and an opportunity to meet and negotiate changes, if requested.
Current job descriptions that require a degree, but where it has been the practice of the
Employer to allow for related experience instead of the possession of a degree, will be
adjusted to reflect that fact.
ARTICLE 11 – GRIEVANCE PROCEDURE
Section 11.1 - Definitions
a.
Grievance
A grievance, as referred to in this Article, includes any dispute concerning
application or interpretation of this Agreement and/or any dispute concerning
wages, hours, or working conditions of bargaining unit employees.
b.
Workdays
Workdays are defined as days which MACSA’s Administration Building is open,
excluding holidays, weekends, and mandatory shutdown.
c.
Timelines
If the Union or grievant fails to meet any of the timelines in this Article, the
grievance will be decided in favor of the Employer. If the Employer fails to meet
any of the timelines in this Article, the grievance will be decided in favor of the
Union or grievant. Timelines may be extended by mutual agreement.
Section 11.2 - Step 1: Informal Oral Grievance
Any grievance must be presented orally to the employee’s immediate supervisor within
ten (10) workdays after the date of the occurrence of the incident or the date on which
the grieving employee or the Union had knowledge of the incident upon which the
grievance is based. The employee may be represented by the Union during the
presentation at his/her discretion. Such oral presentation should occur prior to the filing
of a written grievance in Step 2. The Employer’s designated representative shall reply
orally to the grievant and the steward (if grievant was represented by the Union) within
seven (7) workdays after discussion of the oral grievance.
Section 11.3 - Step 2: Formal Written Grievance
In order for a grievance from Step 1 to be considered further, the grievance must be
presented in writing to the Director, within ten (10) workdays after the Employer’s
grievance response provided for in Step 1. The written grievance must allege the
specific Section of this Agreement or the specific disagreement, the date of the alleged
violation, set forth grounds upon which the allegation is based, and specify the remedy
sought. The parties shall meet within seven (7) workdays after the Employer’s receipt
of the written grievance, or at a time that is mutually agreeable to the parties. The Chief
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Executive Officer or designee shall respond to the grievance in writing within seven (7)
workdays after such meeting with a copy sent to the Union office.
Section 11.4 - Step 3: Agency Chief Executive Officer/Board Personnel Committee
A grievance involving the discharge of any employee covered by this Agreement must
be presented in writing to the Agency Chief Executive Officer and up to two (2)
members of the Agency Board Personnel Committee at this Step within ten (10)
workdays of the employee’s release. The written grievance must allege the specific
section of the Agreement that is alleged to have been violated, the date of the
termination, the grounds upon which the allegation is based, and the remedy sought.
The Agency Chief Executive Officer or designee shall respond to the grievance in
writing within seven (7) workdays after receipt of the grievance and a copy sent to the
Union office.
If the grievant is not satisfied with the response to the grievance in Step 2, the grievant
may file a Step 3 grievance with the Agency Chief Executive Officer, with a copy sent to
the Chair of the Board of the Agency within ten (10) workdays of the Step 2 response
from the Director. The Step 3 grievance shall be in writing.
At the request of either party, the Agency Chief Executive Officer and up to two (2)
members of the Agency Board Personnel Committee shall schedule a meeting with the
grievant within seven (7) workdays after receipt of the written grievance in an effort to
resolve the grievance. The grievant may be represented by the Union in the grievance.
Within seven (7) workdays of any such meeting, or within ten (10) workdays of receipt of
the grievance if no such meeting was scheduled, the Agency Chief Executive Officer will
send a written response to the grievant, with a copy sent to the Union.
Section 11.5 - Step 4: Mediation
If the grievance is not resolved at Step 3, the Union shall have ten (10) workdays after
the receipt of the Employer’s Step 3 response in which to notify the Employer, in writing,
that it intends to take the grievance to mediation.
The following procedure shall apply if a grievance is taken to mediation:
1.
The Union will submit a written request to the Federal Mediation and
Conciliation Service for a mediator.
2.
A hearing on the grievance shall be held at a time and place agreed upon
by the parties and agreeable to the mediator, at which both parties shall
be allowed to present their respective positions, evidence and arguments.
3.
The mediator shall propose a recommendation to resolve the grievance, in
writing if requested, for the parties and for any affected employee(s).
4.
The mediator shall have no authority to (1) amend, modify, change, add
to, or subtract from any provision of this Agreement; or (2) to render an
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award on any grievance occurring before the effective date, or after the
termination date of this Agreement.
5.
The fees and expenses of the mediator and the facilities at which the
hearing is held shall be borne equally by the parties.
Section 11.6 - Step 5: Binding Arbitration
If the grievance is not resolved at Step 4, the Union shall have ten (10) workdays after
the recommendation of the mediator in Step 4 in which to notify the Employer, in writing,
that it intends to take the grievance to binding arbitration.
The following procedure shall apply if a grievance is taken to arbitration:
1.
The party requesting arbitration will submit a written request to the
California State Mediation and Conciliation Service for a list of seven
arbitrators.
2.
The parties, or their respective representatives, shall meet or
communicate as soon as possible, but not later than ten (10) workdays
after receipt of the list of arbitrators for the purpose of attempting to select
one (1) of the individuals named in the list. The parties shall determine by
a coin toss which should strike the first name, and thereafter, the parties
shall strike names alternately until one name remains. The individual
whose name remains shall be the arbitrator.
3.
A hearing on the grievance shall be held at a time and place agreed upon
by the parties and agreeable to the arbitrator, at which both parties shall
be allowed to present their respective positions, evidence and arguments.
Section 11.7 - Step 6: Abitrability
If any question arises to the arbitrability of the grievance, the question shall first be
presented to the arbitrator for resolution. The arbitrator’s decision will set forth the
arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The
arbitrator’s decision shall be final and binding on all the parties and on any affected
employee(s). The arbitrator’s decision, or confirmation thereof, shall be issued in writing
not more than twenty (20) workdays after the close of the hearing or the filing of briefs, if
any, whichever is later.
The arbitrator shall have no authority to (1) amend, modify, change, add to, or subtract
from any provision of this Agreement; or (2) to render an award on any grievance
occurring before the effective date, or after the termination date of this Agreement.
The fees and expenses of the arbitrator and reporter, if any, and the facilities at which
the hearing is held shall be borne equally by the parties.
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ARTICLE 12 – DISCIPLINE AND DISCHARGE
Section 12.1 - Standard Discipline
a.
Employees shall not be discharged or otherwise disciplined except for just cause.
Bargaining unit members may be advised of unacceptable conduct or job
performance by counseling or warnings that may either be verbal or written.
Verbal and/or written warnings shall normally precede more serious disciplinary
action.
b.
Verbal or written warnings shall not be required where the employee's conduct is
hazardous to another person, is detrimental to a participant (or participant's
family), or involves dishonesty, fighting, assaulting an employee, gross
misconduct or other Rule of Conduct mutually agreed to by the parties.
Section 12.2 - Forms of Discipline
a.
Disciplinary action may include verbal and/or written warnings, suspension,
demotion or termination of employment as determined by the Employer. The
following procedures will be used as progressive discipline when appropriate for
each issue or specific conduct in question, as determined by the Employer:
1.
2.
3.
4.
Verbal Warning
Written Warning
Suspension
Termination
Section 12.3 - Notice of Discipline
a.
Written notice of discipline shall be served in person or by certified mail to the
employee as soon as possible.
The notice shall include the following
information:
1.
2.
3.
b.
Statement of the nature of the disciplinary action;
Effective date of the disciplinary action;
Statement of the cause for disciplinary action;
A copy of said notice will be sent to the Union at the same time. An employee
may respond, in writing, to any warning or notice of disciplinary action and it shall
be attached to the warning or notice of disciplinary action.
Section 12.4 - Representation in Disciplinary Meetings
Workers will have the right to Union representation in any meeting in which they will
receive disciplinary action or in any investigation meeting that the worker believes may
lead to disciplinary action.
Section 12.5 - Personnel Files
Warnings and written notices of disciplinary action and a bargaining unit employee’s
written response thereto shall be placed and remain in the bargaining unit employee’s
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personnel file, unless a mediator or an arbitrator orders removal of such documents as
a remedy pursuant to the mediation/arbitration provisions of this Agreement. Such
disciplinary action notices, however, cannot be used as a basis for discipline after two
(2) years, if no similar offense was committed.
The Personnel file may be reviewed by the employee in conjunction with his/her
Steward or Worksite Organizer. The Worksite Organizer shall be allowed access to
personnel files for issues related to a specific alleged grievance. The Union shall notify
the affected worker(s) prior to accessing the personnel file, including the reason(s) for
accessing such file. Appointments to review personnel files should be made with the
appropriate supervisor. Copies of documents contained in the file may be made, in a
reasonable amount of time.
ARTICLE 13 – HEALTH AND SAFETY
Section 13.1 - Safe Work Environment
The Employer agrees to maintain a safe work environment at all times and to take
prompt measures to rectify any health and safety hazards to employees or participants.
The Employer will follow all relevant health and safety laws.
Section 13.2 - Staffing
Adequate staffing levels shall be maintained in order to ensure employee and
participant safety and quality of services. The maximum teacher to student ratio shall
be one (1) to twenty-two (22) per class, per period. If needed and with consent of the
teacher, a class can reach a maximum of twenty-four (24) students. In the event that a
student takes an independent study that the teacher oversees, that student will be
included in the total maximum amount of allowable students per class, per period.
The maximum employee to participant ratio in ADHC will be one (1) to sixteen (16).
During field trips, there will be a maximum one (1) to seven (7) staff and/or adult to
participant ratio. The Employer will establish an “on call” pool to cover staff absences in
the charter schools, ADHC, preschools, and latchkey programs. The Employer will
make every effort to provide such coverage. The Employer will make every reasonable
effort to promptly fill staff vacancies.
Section 13.3 - Assault Prevention
If the parties determine that an employee(s) is at risk of workplace assault, the
Employer will develop and implement an intervention that ensures the safety of the
employee(s). The Employer will provide means of emergency communication to the
employee(s) who work in remote and/or isolated circumstances. The Employer will
make reasonable efforts to remove participants of the Employer who assault or threaten
staff. Employees who work out of the Employer’s facilities will utilize the Employer’s
provided communication systems. Employees will have the right to recommend
suspension or removal of participants from MACSA programs.
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ARTICLE 14 – CATEGORIES OF EMPLOYMENT
Section 14.1 - Regular Employees
Regular employees are those who are hired to work on a regular schedule.
Section 14.2 - Regular Full-time Employees
Regular full-time employees work a predetermined schedule of thirty (30) to forty (40)
hours per week and are eligible to participate fully in the Employer's health and welfare
benefits (health, dental, life insurance, savings plan) and all accrued benefits (vacation,
holiday pay, etc).
Section 14.3 - Regular Part-time Employees
Regular part-time employees work a predetermined schedule of less than thirty (30)
hours per week and are not eligible to participate in the Employer's health and welfare
benefits. Regular part-time employees are eligible to participate in all other accrual of
benefits at an appropriate pro-rated accrual amount.
Section 14.4 - Temporary Employees
Temporary employees are hired for a specific length of time, normally not to exceed one
hundred and eighty (180) days. Exceptions may be based on specific cases pertaining
to extended leaves of absence. Temporary employees may be hired for full-time, parttime, or on-call assignments and are not eligible for any Employer-provided benefits,
except holidays, if scheduled to work accordingly. Temporary employees shall not be
used to permanently replace bargaining unit employees.
Section 14.5 - On-call Substitute Employees
On-call substitute employees are available to meet unexpected daily needs that usually
are not planned ahead of time. They may be full-time or part-time. On-call substitute
employees are not eligible for Employer provided benefits.
ARTICLE 15 – MILEAGE REIMBURSEMENT
Section 15.1
The Employer shall reimburse bargaining unit employees for miles driven in a private
vehicle for company business at the maximum rate allowable by the IRS. Maximum
allowable rates shall be implemented upon receipt of notice from the IRS. Mileage will
be paid by miles driven from an employee’s regular work location.
ARTICLE 16 – HOURS OF WORK/OVERTIME/COMPENSATORY/FLEXTIME
Section 16.1 - Hours of Work
The standard workday has been set at eight (8) continuous hours and the standard
workweek at forty (40) continuous hours. Work hours will normally be assigned on that
basis.
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Section 16.2 - Designated Workweek
The designated workweek is the seven (7) consecutive calendar days beginning
Sunday at 12:00 a.m. and ending Saturday at midnight.
Section 16.3 - Overtime
a.
Overtime Defined
Overtime is defined as time worked beyond forty (40) hours in any designated
work week or beyond eight (8) hours in any workday. Overtime will be paid to
any non-exempt employee who works in excess of eight (8) hours in a day or in
excess of forty (40) hours in any designated work week. For the purposes of this
Article, time for which pay is received but not worked such as vacation, sick
leave, and authorized compensatory time off, will not be counted towards the
base period. Workers shall not be assigned irregular work hours to avoid the
payment of overtime.
b.
Rate of Pay
When overtime work is assigned and is authorized by the Employer to be
worked, compensation for such time worked shall be at the rate of one and onehalf (1 1/2) times the regular hourly rate. Double time will be paid for work over
twelve (12) hours in a day.
Section 16.4 - Distribution of Overtime/Additional Hours
Filling of vacant shifts, due to any reason, will first be accomplished by employment of
regular employees who have indicated their interest in working additional hours by
placing their names and availabilities on the facility “additional hours” list in the staffing
office. Additional hours will first be offered to an employee(s) within the same
classification if the Employer wishes the work to be performed. Priority will be given, in
seniority order, to regular employees whose working shifts will not incur an overtime
burden to the Employer. If, after exhausting those employees, there are still vacant
shifts available, on-call staff will be called in. In the event that there are shifts available
after on-call staff is exhausted, shifts will be offered to regular staff at time and one-half
the regular rate of pay.
Section 16.5 - Schedule Change
Employees will be given at least ten (10) workdays’ notice of any change to their work
schedule. If requested, the Union will be given an opportunity to meet and discuss
alternatives to such changes.
Section 16.6 - Flextime
a.
Flextime is defined as the changing of scheduled hours within a scheduled day or
a split shift of the daily work hours or the changing of a shift to another day within
a schedule. Flextime pertains only to times when work starts or stops, and not to
regular hours. The Employer shall provide a Flextime Request Form for both the
supervisor and the employee to fill out and sign in advance of working the
Flextime.
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b.
Flextime may be initiated by the Employer to meet unique clients’ needs and
shall be scheduled and approved by the supervisor and authorized by the
Director with a minimum ten (10) workdays’ notice to the employee.
c.
Flextime may be initiated by the employee to meet unique personal needs and
shall be requested with a minimum ten (10) workdays’ notice to the Employer
and is subject to supervisor approval with authorization of the Director.
Employee requests shall not be unreasonably denied.
d.
If the Employer and employee mutually agree to change the employee’s
schedule and the change does not cause overtime as defined in Section 16.3 (a)
above, compensation for such time worked shall be paid at the employee’s
regular rate of pay.
e.
If the Flextime change in Section 16.6 (b) above, causes overtime as defined in
Section 16.3 (a) above, the employee shall receive comp time for hours worked
computed at the rate described in Section 16.3 (b) above. If the ten (10)
workdays’ notice in Section 16.6 (b) above is not followed, then the employee
can elect to receive overtime pay per Section 16.3 (b) or comp time computed at
the rate described in Section 16.3 (b) above.
f.
Special Events: A special event constitutes an agency traditional annual event,
fundraiser, non-recurring program activity and/or community affairs event.
Employees shall receive hours in comp time for hours work for each day that the
employee works a special event. If a special event causes the employee to work
more than twenty-four (24) consecutive hours, each day will be compensated at
twelve (12) hours for each twenty-four (24) hour period. If a special event lasts
three (3) days or longer and the employee is scheduled to work immediately
following the special event, the employee shall take comp time off for the first
scheduled day of work.
g.
The employee may request to use the comp time within thirty (30) days after
being credited the time. If the employee does not request to use the comp time
within the thirty (30) day period, the comp time will be lost. If the Employer
denies an employee’s request twice within the thirty (30) day period, the comp
time will carry over for another thirty (30) day period for the employee to use or
the employee can request that the comp time be cashed out.
Section 16.7 - Meal Periods
Employees working at least six (6) hours per day shall have at least a thirty (30) minute
unpaid meal period for each eight (8) hours of work. Employees working eight (8) hours
per day shall have with mutual agreement at least a thirty (30) minute or a one (1) hour
unpaid lunch period for each eight (8) hours. The supervisor will establish when the
lunch period is scheduled.
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Section 16.8 - Rest Periods
Employees shall be granted and take a rest period of fifteen minutes during each halfshift of four (4) hours of work. Rest periods shall be considered as time worked for pay
purposes. Every effort will be made to schedule rest periods towards the middle of the
four (4) hours of work, but will take into account staff to client ratios.
ARTICLE 17 – HOLIDAYS
Section 17.1 - Recognized Holidays
a.
The following thirteen holidays are recognized for eligible employees:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Cesar E. Chavez Day
Memorial Day
Independence Day (July 4)
Labor Day
Mexican Independence Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
Birthday Holiday
Section 17.2 - Charter School Employees
Holidays will be in accordance with the academic calendar.
Section 17.3 - Holidays on Weekends
If a holiday falls on a Saturday, it will be celebrated on a Friday. If a holiday falls on a
Sunday, it will be celebrated on a Monday.
Section 17.4 - Holiday Pay
Holiday pay for full time employees shall be eight (8) hours paid at the employee’s
regular rate. Part-time employees will receive pro-rated holiday pay for holidays falling
on days which they would have otherwise worked.
ARTICLE 18 – VACATION
Section 18.1 - Eligibility
All regular employees are eligible to accrue vacation from the start of employment.
Part-time employees are eligible for vacation accrual and pay on a pro-rated basis.
Employees are not permitted to take accrued vacation prior to having completed at least
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six (6) months of continuous service unless approved by the Employer or there is a
mandatory shutdown.
Section 18.2 - Vacation Accrual
Employees accrue vacation monthly at the following annual rate:
1-2 years of service
3-4 years of service
5 or more years of service
10 days per year
15 days per year
20 days per year
Section 18.3 - Vacation Carry-Over
In the event the employee does not take all the vacation to which he/she is entitled to in
a given fiscal year (July-June), he/she shall be allowed to carry over one (1) week of
the unused portion into the next fiscal year and must be used in the year in which it is
carried over. The Employer shall pay the rest of the current unused portion to the
employee at the end of the fiscal year. If unused at the end of the carry-over year, it
shall be paid for at the end of that fiscal year at the rate at which the vacation was
earned.
Section 18.4 - Vacation Balance
Employees will have their vacation balances printed on their paychecks.
Section 18.5 - Vacation Payoff
A person who terminates employment shall be paid the monetary value of the earned
vacation as of the actual date of termination of employment.
Section 18.6 - Vacation Scheduling
Employees will request vacation in January for the months of March through August and
in July for the months of September through February. Employees who elect to use any
vacation during the traditional one (1) week non-paid agency shutdown period
(Christmas Eve through New Year’s Day), shall make every effort to make the request
no later than July 31st each year. Vacation requests shall be approved by seniority
provided that the employees complete their vacation selection by January 31st and July
31st respectively.
Beyond these vacation requests periods, employees may request vacation time with ten
(10) workdays’ advance notice or trade scheduled vacation days with a co-worker with
the Director’s approval. The Employer may limit the number of employees off on
vacation at any one time, but such requests will not be unreasonably denied. These
vacation requests will be based on a first come, first approved basis.
A maximum of three (3) consecutive weeks may be taken during any calendar year. An
employee may request and be granted additional weeks with prior authorization of the
Chief Executive Officer and such requests will not be unreasonably denied.
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Section 18.7 - Charter Schools
All current full-time Charter School employees are eligible for paid vacations that are
aligned with the Charter School Calendar for the Academic Year and Summer
Sessions. Vacation leave will be granted according to the academic calendar and not
contingent upon the completion of the probationary period.
For all full-time Charter School exempt employees hired after May 5, 2004, employees
are eligible for paid vacations that are aligned with the Charter School Calendar for the
Academic Year and Summer Sessions. Vacation will be granted according to the
academic calendar and not contingent upon the completion of the probationary period.
Employees resigning prior to the end of the academic calendar shall not be entitled to
any pro rata vacation.
For all full-time Charter School non-exempt employees hired, promoted, or transferred
after May 5, 2004, employees are eligible for paid vacations in accordance with all of
the Sections in this Article, except the first paragraph of Section 18.7 above.
ARTICLE 19 – LEAVES OF ABSENCE
Section 19.1 - Leaves Without Pay (LWOP)
Leaves of absence Without Pay (LWOP) may be granted to workers for up to six (6)
months. Such leaves will not be unreasonably denied. Extensions to leaves approved
for less than six (6) months shall not unreasonably be denied provided adequate
advance notice is given. If an employee wishes to return to work early from a leave of
absence, he/she shall provide reasonable advance notice to the supervisor. Leaves
beyond six (6) months may be granted due to unusual or special circumstances. The
following are approved reasons for such leave:
a.
Illness for the employee or family member beyond that covered by sick leave
and/or Family Medical Leave.
b.
Crisis in the immediate family.
c.
Other personal reasons which do not cause a hardship for MACSA.
Seniority as defined in Section 7.1, sick leave and vacation are not accrued during an
unpaid leave of absence. An employee may continue his/her group health insurance as
provided by the Consolidated Omnibus Budget Reconciliation Act (COBRA).
Section 19.2 - Voting Time Off
An employee will be given paid time off to vote in official local, state or federal elections
when his/her work schedule impedes the employee from reaching the polling place
during the polling place’s regular operating hours. Such time off should be scheduled
with the immediate supervisor with at least two (2) working days in advance to arrange
such a voting time.
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Section 19.3 - School Participation Time Off
An employee who is a parent, guardian or grandparent of a child in kindergarten
through grade 12 will be allowed to use up to eight (8) hours in a month or forty (40)
hours in each fiscal year to participate in his/her child’s school-related activities.
Reasonable advance notice must be provided to the immediate supervisors. Accrued
vacation and/or comp time shall be used for such activities before an employee
requests Leave Without Pay (LWOP). Requests shall not be unreasonably denied. The
Employer may request documentation of participation.
Section 19.4 - Military Leave of Absence
Military leaves of absence, with pay for up to forty (40) hours, shall be granted for the
purpose of attending initial, annual or other training or active duty in any branch of the
military or armed forces. In the event the National Guard or military reserve units are
mobilized for Active Duty, such employee(s) will receive the necessary time off. An
employee returning from military leave will be reinstated to his/her former position.
Military orders are required as proof of need.
Section 19.5 - Family/Medical Leave of Absence
Employees will be provided leave for the purpose of pregnancy, birth or adoption of a
child, illness of a member of the immediate family defined as child, parent, spouse or
domestic partner and for personal illness. Such leaves will be granted for up to one (1)
year.
Employees will exhaust all accrued vacation time and may, at their option, apply
accrued sick leave. Such leave may be integrated with State Disability Insurance (SDI),
if applicable, at the discretion of the employee. The remainder of the leave will be
Leave Without Pay (LWOP). Health insurance coverage will continue for the first twelve
(12) weeks of the leave so long as the employee continues to make their co-payment of
the premium to the Employer.
Seniority and leave will not accrue during the unpaid portions of the leave in accordance
with this Agreement. The provisions of this section will comply with all State and
Federal laws.
Section 19.6 - Leave for Union Business
Upon sixty (60) days advance notice, a Leave Without Pay (LWOP) to accept
employment with the Union shall be granted by the Employer for a period of up to six (6)
months. No more than one (1) employee will be granted such leave at the same time.
If the request causes a hardship for the Employer, the parties agree to meet to discuss
alternatives for the request. The Union will make every effort not to impact the services
provided by the Employer.
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ARTICLE 20 – SICK LEAVE
Section 20.1 - Rate of Accrual
Each employee shall be entitled sick leave. Such leave shall be earned on an hourly
basis and computed at the rate of ninety-six (96) hours per year. Part-time employees’
accrual shall be pro-rated on the number of hours worked in each pay period.
Section 20.2 - Sick Leave Accrual
Unused sick leave time may be accrued without limitation, but shall not be converted to
cash at any time. Accrued sick leave balances will be noted on employee paychecks.
Section 20.3 - Sick Leave Usage
Sick leave may be used for the illness of an employee or a member of his/her
immediate family, defined as father, mother, spouse or domestic partner of the
employee, grandparents, or children of the employee, including foster children or
children under legal guardianship. Usage of sick leave beyond the immediate family as
defined above must be submitted, in writing, to the Chief Executive Officer and subject
to approval on a case by case basis. Such requests shall not be unreasonably denied.
Use of sick leave for any reason other than personal illness or the illness of a member
of an employee’s immediate family, as defined or approved above, may result in
disciplinary action up to and including termination of employment.
Section 20.4 - Vacation Illness Conversion
If an employee on vacation becomes ill, he/she may convert vacation time to paid sick
leave subject to the employee’s sick time accrual. A statement from an accredited
physician must support the conversion.
Section 20.5 - Personal Paid Time Off Conversion
Employees are allowed to use a maximum of sixteen (16) hours or two (2) days of
his/her unused sick leave each fiscal year (July-June) as personal paid time off.
Approval for the time off must be obtained in advance from the employee’s Director.
Section 20.6 - Doctors’ Notes
For any illness or injury that will require an employee to be absent from work for three
(3) or more consecutive days, the Employer may require a physician’s statement
providing the diagnosis and prognosis of the employee or the family member being
cared for.
ARTICLE 21 – BEREAVEMENT LEAVE
Section 21.1 - Bereavement Leave Defined
Bereavement leave is provided to employees so that they can discharge the customary
obligations arising from the death of a member of the employee’s immediate family.
“Immediate family” shall mean the employee’s parents, spouse, children, siblings,
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grandparents, mother/father-in-law or grandchildren. For purposes of this Article,
“spouse” and “in-law” includes a domestic partner, defined as any person who has
shared the same resident address with the employee for one (1) year or more and who
together with the employee have identified themselves as a couple to family and friends.
Accrued vacation time or personal time hours must be used for bereavement leave
when deceased is not part of the immediate family as defined above.
Section 21.2 - Full-time Employees
Full-time employees may take up to three (3) days paid at their regular rate of pay. If a
funeral or service is out of state, an additional period of two (2) days leave will be
granted.
Section 21.3 - Part-time Employees
Part-time employees shall receive bereavement leave on a prorated basis.
ARTICLE 22 – JURY DUTY
Section 22.1 - Jury Duty
The Employer will provide paid leave time for up to forty (40) hours to employees who
are called to jury duty upon receipt of jury duty service. If any employee is dismissed
from jury duty, he/she will be required to return to work for the next full shift. Employees
who are called, but do not have to serve on a given day, are expected to be at work the
balance of the day(s).
Section 22.2 - Leave to Appear as a Witness
Employees who are required, under subpoena, to take time off to appear as a witness
will continue to receive their normal pay for up to forty (40) hours to provide testimony.
ARTICLE 23 – WORKER’S COMPENSATION
Section 23.1 - Workers Compensation
The Employer will abide by the requirements of the California Worker’s Compensation
Laws.
Section 23.2 - Personal Physician
An employee who pre-files a statement identifying his/her personal physician shall be
referred to that physician in the event of industrial illness or injury. In the absence of
such document, an injured employee shall be directed to the Employer’s choice of
physician.
Section 23.3 - Compensation for Industrial Leave
An employee on industrial leave has the option of integrating accumulated vacation
and/or sick leave with bargaining unit employee’s compensation disability benefits so
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that the total the bargaining unit employee receives is no more than a regular paycheck.
The Employer shall process such compensation after the insurance carrier processes
the initial employee’s comp payment. An injured bargaining unit member may change
from integration to non-integration (or vice-versa) with notice to the Employer’s payroll
department. The change will be implemented by the payroll department as soon as
reasonably possible following the request.
Section 23.4 - Health Insurance
The Employer will continue health insurance coverage at the same level that the
employee had before the leave for up to nine (9) months.
Section 23.5 - Temporary Modified Work Assignments
a.
A temporary modified work assignment may be made by the Employer for
qualified employees who are not able to perform their regularly assigned duties
due to industrial illness or injury.
b.
Such assignments will be made consistent with the written recommendation of
the treating physician.
c.
This Section of the Agreement shall be limited to employees with a disability who
are recovering from an industrial illness or injury and who require temporary,
short-term, modified work assignments rather than reassignment of the
employee’s regular work; and to employees with a temporary disability that
precludes their returning to their regular work assignment.
d.
An employee on temporary modified work assignment shall receive the same pay
rate and benefits as she/he received at the time of the industrial injury or illness.
ARTICLE 24 – EDUCATIONAL ASSISTANCE/TRAINING
Section 24.1 - Educational Assistance/Training
The Employer will provide regular, ongoing training to employees with the goal of
improving participant services and employee and participant safety. Specifically, the
Employer will provide, on paid time, CPR/First Aid training annually. A reasonable
number of employees from each location will be given training, on paid time, and
reimbursement to obtain a Class B drivers license if the position requires possession of
the license, if it benefits the program and/or if such training creates an opportunity for an
employee(s) to be promoted.
Section 24.2 - Workshops and Conferences
Regular employees shall receive paid leave for those hours they attend workshops or
conferences during work hours that are related to their job or a job they could transfer or
promote to within the Agency with the Employer’s approval. Should the Employer
require attendance at workshops or conferences outside the employee’s normal work
schedule, he/she shall be paid for the time attending such workshops or conferences
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and reimbursed travel and other costs associated with attending such workshops or
conferences. A per diem rate of fifty dollars ($50.00) a day will be paid to the
employee(s) while attending such workshops or conferences. The employee(s) will not
be required to submit receipts for the per diem. Attendance at workshops and
conferences must have prior approval.
Employees are encouraged to submit requests to the Employer to apply for grants
available to attend workshops or conferences that are related to their job or a job the
employees could transfer or promote to within the Agency. The Employer will make
every effort to secure the funds from such grants.
Section 24.3 - Adjustment of Schedule to Accommodate Education
Regular full-time employees, who have been employed by the Employer for three (3)
years and have enrolled in educational programs that do not permit full-time
employment, will be permitted to reduce their weekly hours to a minimum of thirty (30)
hours a week for the duration of their educational coursework subject to the approval of
the Employer. Such employees will notify the Employer when the coursework will end
and what date to revert to full-time status upon completion of the coursework. No
request shall be unreasonably denied.
If employees request to reduce their hours to less than thirty (30) hours a week, the
Employer will consider the requests on a case by case basis. No request shall be
unreasonably denied.
Section 24.4 - Teacher Training Program
Charter School teachers shall receive BITSA Training or a comparable training program
for the first two (2) years of employment.
ARTICLE 25 – PAYDAYS
Section 25.1
Bargaining unit employees will be paid twice a month as follows: Payday for work, from
the 1st through the 15th of the month, is the 20th of the month; payday for work, from
the 16th through the last day of the month, is the 5th of the following month. If the
payday falls on an Agency holiday or a Saturday, paychecks will be issued to
employees on the previous working day. If the payday falls on a Sunday, paychecks
will be issued on the following workday. The Employer will provide Direct Deposit of
paychecks to all employees with the employee’s written authorization.
ARTICLE 26 – COMPENSATION
Section 26.1 - Salary Schedule
Employees shall be paid in accordance with the salary schedule provided in Appendix
A.
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Section 26.2 - Cost of Living Increases
Effective July 1, 2006, all employees will receive a three percent (3%) cost of living
increase and the salary schedule will be increased by three percent (3%).
Section 26.3 - Promotions
An employee who promotes to a higher classification shall be placed at the step in the
new classification in accordance with Appendix A that provides for at least a 5%
increase, but not above the top step.
Section 26.4 - Transfers
An employee who transfers within his/her classification or to a comparable classification
shall remain at the step s/he was at prior to the transfer. No additional time at the step
will be required before moving to the next step.
Section 26.5 - Living Wage
No employee will be paid less than the City of San Jose Living Wage Ordinance, unless
by mutual agreement.
Section 26.6 - Temporary Work in a Higher Classification
When an employee is temporarily assigned the work of a higher paid classification such
employee will receive pay at the higher classification for the time worked in the higher
classification.
Section 26.7 - Lead Differential
Lead duties included in the job description or assigned in writing will be compensated
with an additional step above the employee’s current step, but at least seven per cent
(7%). The duration of compensation may be permanent or temporary as designated by
the Employer with a notice sent to the Union. The duties may include any of the
following:
1.
2.
3.
4.
5.
Assigns, distributes and adjusts short-term workloads;
Resolves work-related problems within guidelines set by the Employer;
Keeps appraised of the progress of the work;
Answers procedural and work-related questions;
Assists the supervisor in reviewing the work.
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Section 26.8 - Annual Gratuity
The Employer may pay an annual calendar year end gratuity to each employee
calculated at a percentage of the employee’s annual base salary. Such gratuity is
contingent calculated upon funding availability.
Section 26.9 – Stipends
Staff shall be paid in accordance with Appendix D.
ARTICLE 27 – HEALTH BENEFITS
Life Insurance and health Insurance benefits identified in this Article are available for
regular employees on the subsequent month following their date of hire.
Section 27.1 - Life Insurance
The Employer will provide an Employer-paid basic life insurance benefit of twenty-fivethousand dollars ($25,000) per employee with a twenty-five-thousand dollar ($25,000)
Accidental Death and Dismemberment (AD&D) adder.
AD&D benefits are for
employees only. The spouse life insurance benefit is the lesser of the employee’s life
volume and five-thousand dollars ($5,000) and the dependent life insurance benefit up
to a maximum of two-thousand, five-hundred dollars ($2,500) depending on the
dependent’s age.
Section 27.2 - Health Insurance Plans
Employees’ current premium cost for the following benefit programs shall not increase
during the term of this Agreement. Any changes to the list below will be done by mutual
agreement. The Employer will pay the balance of the premium for full-time employees
and dependents (including domestic partners), for the following benefits programs:
1.
2.
Blue Shield HMO, Blue Shield PPO, (up to $250 deductible) or Kaiser
HMO.
GE Financial Assurance Preferred Dental Plan.
Section 27.3 - Health-Care Waiver Payment
Regular employees who can demonstrate health insurance coverage from an alternate
source and who agree to waive health insurance coverage will receive a monthly
payment of sixty dollars ($60.00) or a payment of three-hundred and sixty dollars ($360)
in December and a payment of three-hundred and sixty dollars ($360) in June.
ARTICLE 28 – RETIREMENT
Section 28.1 - Charter School Employees
Regular employees who work for the Charter Schools will be eligible for CALSTRS or
CALPERS retirement plan. The parties shall mutually develop and establish a formula
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to pay into the retirement plan(s) that reflect the employee(s)’s who are receiving
income from multiple sources.
Section 28.2 - 403(B) Plan
All regular employees will be eligible for participation in the Employer’s 403(b) Plan after
one-thousand (1000) hours of service within the initial computation period of twelve (12)
months. The Employer will contribute four per cent (4%) of salary of all eligible
employees and match employee contributions of up to an additional two per cent (2%).
Employer contributions are vested after five (5) years of service. The employee(s)’s
contributions are vested after three (3) years of service.
Section 28.3 - Tax Deferred Annuity Plan
All regular employees will be eligible for participation in the Employer’s Tax deferred
Annuity Plan on a voluntary basis.
ARTICLE 29 – LABOR/MANAGEMENT COMMITTEE/BUDGETS
Section 29.1 - Labor/Management Committee
The parties agree that regular communication is critical to improving labor/management
relations. The parties agree to establish a joint Labor/Management Committee,
comprised of up to three (3) members appointed by the Union and up to three (3)
members appointed by the Employer. The Labor/Management Committee may meet
up to once every other month, if requested, during paid time that has little or no impact
to scheduled work and/or program needs, to discuss issues of concern to either party.
Agenda items will be sent to the other party one (1) week in advance of the scheduled
meeting.
Both parties agree to establish a Joint Labor/Management Committee comprised of one
(1) teacher from San Jose School, one (1) teacher from Gilroy School, and members
appointed by the Employer. The purpose is to discuss issues of Evaluations, Forms,
safety concerns, teacher selection, assignments and transfers. This committee may
meet up to once every other month, if requested, during paid time that has little or no
impact to scheduled work and/or program needs.
Section 29.2 - Participant Care/Safety Issues/Professional Input
The purpose of these meetings and the scope of items and discussions may include,
but are not limited to developing recommendations to improve participant care and
health and safety in the workplace; including representatives of the community in such
meetings to encourage and provide input aimed at improving the quality of the programs
offered to the community by the Employer; and addressing issues related to program
support. The Committee will make recommendations and develop action plans for
implementation. The Labor/Management Committee does not have the authority to
alter the terms of this Agreement unless by mutual agreement of the parties.
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Section 29.3 - Agency Program Budgets
If requested, the Union will be provided with copies of the budget for the Agency
programs as well as quarterly statements for the program’s budget. The parties shall
meet up to two (2) times a year to review the Agency program budgets and to answer
questions regarding it.
Section 29.4 - Programmatic Budgets and Supplies
Employees will have the opportunity to provide input on the programmatic aspects of
their respective program budgets. Employees will be provided with the supplies
necessary to successfully carry out their work.
ARTICLE 30 – NO STRIKE - NO LOCK OUT
Section 30.1
The Employer agrees that there shall be no lockout of employees during the term of this
Agreement. The Union agrees that there shall be no cessation of work, whether by
strike, work stoppage, slowdown, or refusal to cross a non-AFL-CIO-CLC sanctioned
picket line, or other interference with the Employer’s operations by the Union, its
representatives or members during the term of this Agreement.
ARTICLE 31 – SEVERABILITY
Section 31.1
If any provision of this Agreement, or any application thereof, is held by an agency or a
court of competent jurisdiction to be contrary to law, then such provision or application
of this Agreement shall be deemed invalid to the extent required by such agency or
court decision. All other provisions of this Agreement shall continue in full force and
effect. In case of such determination of invalidity of a contract provision, the parties
agree to enter into negotiations for the exclusive purpose of arriving at a mutually
acceptable replacement for the provision of this Agreement to be contrary to law.
ARTICLE 32 – FULL AGREEMENT
Section 32.1 - Negotiated Agreement
Both the Employer and the Union acknowledge that during the negotiations which
resulted in this Agreement, the Union had the full opportunity to make demands and
proposals with respect to any subject or matter in the realm of collectively bargaining
and that only those conditions set forth in this Agreement are contractually binding.
Section 32.2 - New Matters
In the event any new matter arises during the term of this Agreement regarding wages,
benefits, hours of employment or working conditions, and an action is proposed by the
Employer, the Union shall be afforded all possible notice and shall have the right to
meet and negotiate upon request.
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ARTICLE 33 – TERM OF AGREEMENT
This Agreement shall be effective July 1, 2006 upon ratification by the bargaining unit
employees and shall continue in full force and effect until June 30, 2009 and from year
to year thereafter; provided, however, that either party may serve written notice on the
other at least sixty (60) days prior to June 30, 2009 of its desire to terminate this
Agreement or amend any provision thereof. Dues deductions will be in effect on the
date of ratification.
Date:
For the Union:
For the Employer:
Idalia Gomez
Xavier Campos
Anna Luna
Aurora Cepeda
Carmen Munoz
Olivia Soza-Mendiola
Amalia Rodriguez
B.W. (Rusty) Smith
Isabel Olazcoaga
© 2011 SEIU Local 521, CLC IO:
Ben opeiu 29/afl-cio/clc
(San Jose\Chapters\MACSA\Contract\MACSA CBA 070106 - 060609)
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32
33
34
35
36
37
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APPENDIX D – STIPENDS
Stipends are compensation additions to base pay for the purpose of compensating
teachers for added responsibilities, duties and services/assignments outside the
normally expected job description for teachers in the Charter Schools.
The following assignments are potential duties warranting a stipend added to the
teacher base pay upon mutual agreement with direct supervisor:
Stipend Categories
Coach: After school activities involving organizing, instructing, scheduling, supervising
and otherwise representing the school and student body in sport teams, competitive
events, and recognition ceremonies shall be compensated with a stipend of six hundred
dollars ($600) per sport.
Student Club Advisor: Staff providing advisory support or sponsorship of student
school activities on a sustained basis beyond normally scheduled work hours shall be
compensated with a stipend of six hundred dollars ($600) per club. All clubs must be
pre-approved by the Principal and must meet a minimum of student participation of ten
(10) initial students.
Saturday School: Staff who are assigned to Saturday School shall be compensated
with a stipend of one hundred and fifty dollars ($150) extra for each Saturday worked.
Summer School: All teachers’ salaries are based on a twelve (12) month calendar
year, which includes summer school instruction. Teachers who have worked at MACSA
Charter Schools for four (4) or more uninterrupted consecutive years, and who are in
good standing, may request summer leave of absence with uninterrupted pay. No more
than two (2) teachers per school can exercise summer leave. Requests will be based
on seniority and can be repeated every four (4) years of service.
40

MACSA Contract - SEIU Local 521

Transcription

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