In October 2016, the SBCCDTA negotiations team and the District collaborated to create a newly updated, complete version of our contract. In November, the District provided the SBCCDTA and faculty with this October 2016 version.  Below, you’ll find this version of the contract in several forms.

Download October 2016 Contract in ‘Word

View the October 2016 Contract in ‘PDF

October 2016 Contract: Appendices, Etc.

Current (MOUs)

October 2016 Contract - Table of Contents

Article 1                     Agreement 

Article 2                     Unit Description/Recognition

Article 3                     Association Rights

Article 4                     Dues Deduction & Organizational Security

Article 5                     Consultation

Article 6                     Academic Freedom

Article 7                     Non-Discrimination

Article 8                     District Rights

Article 9                     Grievance Procedures

Article 10                   Wages

Article 11                   Health and Welfare Benefits

Article 12                   Work Calendar

Article 13                   Workload

Article 14                   Transfer/Reassignment

Article 15                   Personnel Files

Article 16                   Evaluation Procedure

Article 17                   Public Charges

Article 18                   Leaves of Absence

Article 19                   Reimbursements

Article 20                   Safety Conditions of Employment

Article 21                   Reduction in Force

Article 22                   Early Retirement & Pre-Retirement Reduced Workload

Article 23                   Benefits for Employees Who Retire During the Term of the Agreement

Article 24                   Miscellaneous Provisions

Article 25                   Non Concerted Refusals to Work

Article 26                   Effect of Agreement

Article 27                   Statutory Changes

Article 28                   Savings

Article 29                   Duration of Agreement

                                   Grievance Report Forms

Appendix A-1            Compensation Plan

Appendix A-1a          Faculty Salary Schedules 

Appendix A-2a          Compensation Schedule for All Hourly Work

Appendix A-2b          Compensation Schedule Pay for Course

Appendix A-3            Head & Assistant Coach Pay Schedule

Appendix A-4            Faculty Chair Compensation

Appendix A-4a          Faculty Chair Compensation Memorandum of Understanding (Addendum)

Appendix A-4b          Faculty Chair Job Description

Appendix A-5            Coordinator Compensation

Appendix B               Salary Schedule Regulations

Appendix C               Application for FSA Assignment Faculty Service Areas

Appendix D               Telecommuting

Appendix E                Part-Time Faculty Access to a Group Health Benefit Memorandum of Understanding

Appendix F                Evaluation Forms

                                    Instructional

                                    Non-Instructional (Counselor)

                                    Non-Instructional (Librarian)

Appendix G                Academic Service Days (200)

Appendix H                Academic Service Days (221)

Appendix I                  MOU – Special Assignment and Grant Participation

Appendix J                 MOU – Student Learning Outcomes

Appendix K                MOU – Non Credit

Appendix L                 MOU – Evaluations

Appendix M                MOU – Health & Welfare

Table I                         Whole Hours

Table II                        Fractions of An Hour

Article 1: Unit Description / Recognition

ARTICLE 1: AGREEMENT

A.The Board of Trustees of the San Bernardino Community College District, of San Bernardino County, State of California, hereinafter referred to as the “District,” and the San Bernardino Community College District Teachers Association, CTA/NEA, hereinafter referred to as the “Association,” agree that the Articles contained in this Agreement constitute a bilateral and binding agreement entered into pursuant to the Educational Employment Relations Act (Government Code Section 3540 et seq)

B.This Agreement shall remain in full force and effect upon ratification by both parties until and including June 30, 2017.

Article 2: Unit Description / Recognition

ARTICLE 2: UNIT DESCRIPTION/RECOGNITION

A. Pursuant to the certification of the Public Employment Relations Board, the District recognizes the Association as the exclusive representative for the following unit of employees. The unit represented by the Association shall include all academic regular, contract, and hourly instructors, counselors, librarians, college nurses, and all department heads.

B.The unit represented by the Association shall exclude all classified employees while performing classified duties; administrators; management; supervisory and confidential employees; presenters and facilitators of fee based courses; lecturers, facilitators, independent contractors and their employees, including but not limited to those engaged in, among others, fire science, police science, emergency medical services, respiratory care, all substitutes and management interns performing management work as defined by the EERA.

C. The District and Association agree that the composition of the bargaining unit is appropriate and neither party will seek a clarification or amendment of any kind, either as to the inclusions or exclusions, during the term of the Agreement, except upon mutual agreement of both parties, or the District establishes a new position.

If the two parties cannot come to mutual agreement regarding any modification in the composition of the unit during the term of this agreement, the Unit may appeal to the Public Employment Relations Board.

 

Article 3: Association Rights

Article 3: Association Rights

 A.     The Association shall have the reasonable access to employee mailboxes consistent with applicable law. The Association is responsible for the content of all its materials sent in the District internal mail system. At least one copy of Association materials to be placed in employee mailboxes shall be provided to the Vice Chancellor of Human Resources (Contract Administrator) by the Association.

B.     The Association shall have the right to post notices of activities and matters of Association concern using all available technologies, voicemail, email; web pages and electronic bulletin boards. All such notices shall include the name of the Association and date.

C.     Authorized Association representatives conducting Association business may meet with unit members on District property only during times when the unit members are not required to perform assigned duties. Casual, incidental and brief conversations between employees during times when they are required to perform duties are not prohibited by this provision.

D.     The District agrees to provide information to the Association upon written request which is necessary and relevant to negotiations, grievance processing and/or Association business related to enforcement of this Agreement pursuant to this provision. The Association shall make all such requests in writing to the Chancellor or his/her designee indicating the specific information needed and the reasons for such information. The Chancellor or his/her designee will respond with reasons why the information will not be provided (e.g., confidential records, legal privilege and non-availability) or to provide the requested information in a timely fashion. The Association shall be given a copy of documents relating to collective bargaining provided to the Board of Trustees at open Board meetings.

E.     The Association shall have the reasonable use of College facilities at reasonable times for the purpose of meetings concerning negotiations, grievance processing and/or Association business related to activities pursuant to its responsibilities under the EERA.

F.     The Association shall have the reasonable use of District equipment for the purpose of enforcement of this Agreement provided advance permission is granted by a College President or designee and that all costs of materials are promptly paid by the Association. Brief and incidental use of College equipment shall be at no cost provided that there is no disruption of District operations and all such brief and incidental use is reported immediately to the responsibility center manager.

G.     The District shall grant released time without loss of compensation to official representatives of the Association for the purpose of processing grievances filed pursuant to this Agreement. The District and the Association recognize that grievance meetings will be scheduled at mutually convenient times and places.

H.     Released Time For The Association

1.     The Association shall receive a maximum of two (2) FTE released time per academic school year under this provision when meeting and negotiating and for the processing of grievances. The 2 FTE can be distributed among bargaining unit representatives as the unit sees fit when meeting and negotiating and for the processing of grievances. By mutual agreement, if the work of negotiations and/or grievance(s) with the District goes into the summer or winter breaks, then all involved members of the teams including the Executive board shall be compensated.

Released time under this provision shall not be used for any activity which is violative of this Agreement, for organizing any concerted activity against the District, for any political activities or for any purpose unrelated to the Association’s obligation to meet and negotiate and for the processing of grievances.

2.     Released time is defined as a unit member being relieved from his/her primary assignment, i.e. classroom instructor, counselor, coordinator, etc.

The Association shall identify the release time of its representatives as soon as possible in the Spring semester prior to their Association assignment but not later than commencement.

Article 4: Dues Deduction and Organizational Security

Article 4: Dues Deduction and Organizational Security

A.     The District will deduct from the pay of Association members and pay to the California Teachers Association the normal and regular monthly Association membership dues (or agency fees) as voluntarily authorized in writing by the employee on the appropriate form approved by the District subject to the following conditions:

1.     Such deduction shall be made only upon submission of the District-approved form by the employee to the designated representative of the District. Said form shall be duly completed and executed by the employee and an authorized representative of the Association.

2.     The District shall be obliged to put into effect any new, changed, or discontinued deduction providing such request is submitted by the 10th of the month to the designated representative of the District and said deduction shall commence with that month’s pay period.

3.     The part-time faculty deduction under this provision shall be in five (5) equal installments for each semester. Part-time faculty who request payroll deduction may enroll either in August or January. Except as other addressed in the provisions of this Article, those who enroll in August will have the payroll deduction removed after the December hourly payroll; those who enroll in January will have the deduction removed after the June hourly payroll. The deduction (member fees) will be taken out in five equal payments and must be divisible by five. The District will not be responsible for one-time deductions.   The District will make no deductions for a part-time faculty member working less than a full semester or employed for summer school only.

B.     Upon appropriate written authorization from the employee, the District shall deduct from the salary of the employee and make appropriate remittance for annuities, credit union or charitable organization, and group insurance plans If permitted by the remittee company, credit union or charitable organization, the employee may change such deduction at any time pursuant to the following:

1.      The District shall be obliged to put into effect any new, changed, or discontinued deduction providing such request is submitted by the 10th of the month to the designated representative of the District and said deduction shall commence with that month’s pay period.

C.     The Association shall completely indemnify and completely hold the District harmless, including legal fees, from any claims, demands or lawsuits arising out of or from the implementation of any provision of this Article.

D.     The District will deduct membership dues from the pay of bargaining unit members payable only to the Association. Deductions from the pay of bargaining unit members shall not be permissible to any other employee organization. For the purposes of this Article the term “employee organization” shall mean the same as the definition of employee organization under the Educational Employment Relations Act.

E.     The Association agrees to furnish any information requested by the District to implement any provision in this Article.

F.     Any unit member who is a member or becomes a member of the Association on or after ratification of this Agreement, and who voluntarily authorizes in writing the deduction of membership dues pursuant to provision A in this Article, shall remain a member of the Association for the duration of this Agreement unless such authorized deduction is revoked in writing to the District between June 1 and July 1 of any school year.

 

Article 5: Consultation

Article 5: Consultation

A.     Pursuant to the Educational Employment Relations Act, the Association has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the District under the law. The Association also may consult on proposed additions, deletions or amendments in written Board Policies concerning the curriculum or educational objectives of the District or working conditions of bargaining unit employees.

B.     Should the Association exercise its right to consult pursuant to paragraph A, the Association shall notify the Chancellor or his/her designee in writing about the matter to be consulted about and the identity of the Association representatives who will participate in the consultation. The Chancellor or his/her designee shall be available within fifteen (15) days to consult with the Association.

C.     The District will notify the Association four (4) weeks prior to any final Board action on new Board Policies concerning major changes in the District’s curriculum or educational objectives.

D.     Nothing in this Article shall be construed to limit the right of the District to consult with any employees or other employee organizations on any matter outside of the scope of representation.

E.     Nothing in this Article shall be construed as any limitation on the rights of the District to take any action on any matter outside of the scope of representation.

Article 6: Academic Freedom

Article 6: Academic Freedom

A.     The District and the Association recognize that bargaining unit members have a legal right to academic freedom in terms of the exercise of their professional responsibilities in the classroom.* The legal right to academic freedom allows bargaining unit members to express their professional opinions in the classroom with regard to matters relevant to course content.

B.     Bargaining unit members shall not utilize their positions to indoctrinate students with their personal, political or religious views. Bargaining unit members shall make every effort to offer differing points of view on controversial subjects in the classroom. Bargaining unit members shall promote an atmosphere in the classroom which is conducive to free and open inquiry.

[*Classroom = Any District related learning environment.]
Article 7: Non-Discrimination

Article 7: Non-Discrimination

A.     The District and/or the Association shall not illegally discriminate against any member of the bargaining unit on account of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sex (including sexual harassment), sexual orientation, age, political affiliation, domicile, or membership and/or participation in an employee organization as defined by the EERA.

B.     The District and/or the Association shall not legally impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by the EERA.

C.     Application forms and oral interview procedures shall not refer to membership in or preferences for employee organizations.

Article 8: District Rights

Article 8: District Rights

A.     It is understood and agreed that the District retains all of its powers and authority to direct, manage and control its operations to the full extent of the law except as specified in other provisions of this Agreement.

B.     Included in but not limited to those duties and powers are the exclusive right to: Determine the times and hours of operation including instructional time, determine the kinds and levels of services to be provided, and the methods and means of providing them, establish its educational policies, goals and objectives, insure the rights and educational opportunities of students, determine staffing patterns, determine job descriptions, determine classifications and reclassifications; determine the number and kinds of personnel required, maintain the efficiency of District operations, review and approve curriculum, build, move, or modify facilities, establish budget procedures and determine budgetary allocation, determine the methods of raising revenue, and contract out work to non-employees or employees outside of the bargaining unit as long as such contracting out does not require the layoff of permanent full-time bargaining unit members or the violation of any other Article in this Agreement. The Board also retains the right to hire, classify, evaluate, promote, lay off, terminate, and discipline employees in accordance with applicable law. In addition, the Board retains the right to determine the impacts and effects of any action taken under this Article, or other provisions of this Agreement, except as specified in this Agreement. This Article shall not be interpreted as a prohibition against the Association to provide input on any such matter.

C.     The exercise of these powers, rights, authority, duties, and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the laws of the State of California.

D.     The District may suspend temporarily any provision in this Agreement in case of emergency for the duration of an emergency only. An emergency shall include national, state or local declared emergencies and natural disasters such as earthquake, fire or flood.

Article 9: Grievance Procedures

Article 9: Grievance Procedures

A.  Definitions

1.     A “grievance” is an allegation by one or more unit members that there has been a violation, misinterpretation or misapplication of the specific provisions of the Agreement. Actions to challenge or change the policies of the District as set forth in Board Policies or procedures adopted by the Chancellor or his/her designee must be undertaken under separate legal processes.

2.     A “grievant” can be one or more member(s) of the bargaining unit, or when the Executive Board of the Association deems it appropriate, the Association itself.

3.     “Day” means any day during which the District Office is open excluding holidays, winter, spring, and summer recesses.

4.     The “immediate supervisor” is the lowest level administrator having immediate jurisdiction over the grievant.

B.  Intent

It is the intent of the District and the Association to resolve all grievances as expeditiously as possible, and at the lowest level possible. The parties to this Agreement hereby agreed to dedicate themselves to bring all grievances to a quick and satisfactory conclusion.

C.  Scope

1.    Actions to challenge or change the policies of the District as set forth in Board Policies or procedures adopted by the Chancellor or his or her designee must be undertaken under separate legal processes.

2.     No grievance shall be processed through the Grievance Procedure by any grievant who pursues any other available legal remedy with an agency or judicial body that accepts jurisdiction, unless agreed to by the District.   If such an agency or judicial body does not accept jurisdiction, the time limit for filing a grievance begins on the date of receipt of notification of rejected jurisdiction.

D.  Informal Level

Before filing a formal written grievance, the grievant shall attempt to resolve the grievance by an informal conference with the grievant’s immediate supervisor.

E.  Formal Levels

1.    Step 1

a.     Within twenty (20) days after the occurrence of the act or omission or within twenty (20) days after the grievant knew or reasonably should have known of the act or omission giving rise to the grievance, the grievant must present such grievance in writing on the Grievance Report Form attached to this Agreement and submit it to the immediate supervisor.   Copies of this report will be submitted also to the Area Vice President, the President of the College, the Vice Chancellor of Human Resources, the Association President and Grievant’s Representative (if any).

b.     This statement shall state the grievance and indicate the circumstances involved, the decision rendered at the informal conference, above referenced in Article 9 subsection C and the specific remedy sought.

c.    After the grievance has been filed, within the above time limits, a personal conference will be held if requested in writing by the grievant or the immediate supervisor.

d.     The immediate supervisor shall communicate a decision to the Employee in writing within ten (10) days after receiving the grievance. If the immediate supervisor does not respond within the time limits, the grievant may appeal to the next step.

2.    Step 2

a.     In the event the grievant is not satisfied with the decision at Step 1, the grievant may appeal the decision on the appropriate form to the Area Vice President within ten (10) days of the decision of the immediate supervisor.

b.     The statement should include a copy of the original grievance, the decision rendered, and an explanation of the reasons for the appeal.

c.     Either the grievant or the Area Vice President may request a personal conference within the above time limits. If either the grievant or the Area Vice President requests a personal conference, there shall be a personal conference on the grievance.

d.     The Area Vice President shall communicate a decision in writing to the grievant, including the reasons for the decision, within ten (10) days after receiving the appeal.   Copies of this written decision will also be submitted to the supervisor involved in the grievance, the President of the College, the Vice Chancellor of Human Resources, the Association President and Grievant’s Representative (if any).   If the Area Vice President does not respond within the time limits, the grievant may appeal to the next step.

3.     Step 3

a.     In the event the grievant is not satisfied with the decision at Step 2, the grievant may appeal the decision on the appropriate form to the President within ten (10) days of the decision of the Area Vice President.

b.     The statement should include a copy of the original grievance, the decision rendered, and an explanation of the reasons for the appeal.

c.     Either the grievant or the President may request a personal conference within the above time limits. If either the grievant or the President requests a personal conference, there shall be a personal conference on the grievance.

d.     The President shall communicate a decision in writing to the grievant, including the reasons for the decision, within ten (10) days after receiving the appeal. Copies of this written decision will also be submitted to the supervisor involved in the grievance, the Area Vice President of the College, the Vice Chancellor of Human Resources, the Association President and Grievant’s Representative (if any). If the President does not respond within the time limits, the grievant may appeal to the next step.

4.     Step 4

a.     In the event the grievant is not satisfied with the decision at Step 3, the grievant may appeal the decision on the appropriate form to the Chancellor/Designee within ten (10) days of the decision of the President.

b.     The statement should include a copy of the original grievance, the decision rendered, and an explanation of the reasons for the appeal.

c.     Either the grievant or the Chancellor/Designee may request a personal conference within the above time limits. If either the grievant or the Chancellor/Designee requests a personal conference, there shall be a personal conference on the grievance.

d.     The Chancellor/Designee shall communicate a decision in writing to the grievant, including the reasons for the decision within ten (10) days after receiving the appeal. Copies of this written decision will also be submitted to the supervisor involved in the grievance, the Area Vice President of the College, the President of the College, the Vice Chancellor of Human Resources, the Association President and Grievant’s Representative (if any). If the Chancellor/Designee does not respond within the time limits, the grievant may appeal to the next step.

5.     Step 5

a.     In the event that the grievant is not satisfied with the decision at Step 4, the Association may request to the Chancellor/Designee that the grievance be submitted to a neutral arbitrator. Such request must be in writing, filed within ten (10) days with the Chancellor/Designee, and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration.

b.     The Association shall immediately request a list of arbitrators from the American Arbitration Association containing only the names of neutrals who are members of the National Academy of Arbitrators who have issued at least five arbitration decisions since 1976.   Within ten (10) days after receipt of said list of arbitrators, representatives of the District and the Association shall attempt to agree upon a mutually acceptable neutral arbitrator and obtain a commitment from said arbitrator to serve.   If the parties are unable to agree upon an arbitrator within the specified period, the Association may file a Demand to Arbitrate with the American Arbitration Association.   The selection of the arbitrator and the arbitration proceedings shall be conducted under the voluntary Labor Arbitration Rules of the American Arbitration Association.

c.     The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issues submitted, and to determine a settlement which will resolve the grievance.

d.     The arbitrator shall be subject to the following limitations.

(1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement but shall determine only whether or not there has been a violation of this Agreement as alleged by the grievant.

(2) The arbitrator shall have no power to establish salary structures.

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

(4) The arbitrator shall not consider any issue raised by the grievant or the District unless it was known by the grievant or the District in an earlier step of this Grievance Procedure.

(5) All fees and expenses of the arbitrator shall be shared equally by the District and the Association. All other costs, except for released time for the grievant(s) and faculty witnesses, will be borne by the party incurring them.   If the District claims that a grievance should be dismissed because it falls outside the scope of the procedure, or the grievant did not properly follow the Grievance Procedure, such a claim shall, at the option of the District and upon reasonable notice be heard and promptly ruled upon by the arbitrator prior to any hearing on the merits of the grievance. Upon the request of either party, there shall be a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The District may forego the above preliminary motion procedure and have such a claim heard and ruled upon at the hearing prior to the receipt of evidence on the merits, but the District shall notify the Association prior to any hearing concerning any issue of arbitrability.

(6) The decision of the arbitrator shall be binding on the grievant, the Association, and the District.

(7) The arbitrator shall have no power to render a recommended settlement on a grievance filed before the effective date of this Agreement or after the termination of this Agreement.

F.     Miscellaneous

1.    No grievant shall use the Grievance Procedure to appeal any decision of the District or its representative if such decision is pursuant to any order of, or consent agreement with, any state or federal court, regulatory commission or agency.

2.     For purpose of efficiency, the District or the Association may consolidate grievances involving similar issues.

3.     If the grievant introduces new evidence at any Step in the Grievance Procedure, the District may require that the grievance be returned to the prior step.

4.     Grievances shall be filed and processed on Grievance Report Forms attached to this Agreement.

5.     Time limits provided for at each level shall begin the day following the occurrence of the act or omission, the receipt of the grievance or appeal of written decision, etc. Time limits may be extended or shortened only by mutual agreement in writing.

6.     A grievant may be represented at all steps of the Grievance Procedure by an Association-designated representative. At every Step of the Grievance Procedure, both Informal and Formal Levels, it is the responsibility of the District to notify any grievant who does not have representation of his or her right to such representation.

7.     The District shall not take reprisals against any member of the bargaining unit because he or she filed a grievance or participated in the processing of a grievance.

8.     Any member of the bargaining unit may at any time present grievances to the District and have such grievances adjusted without the intervention of the exclusive representative, as long as the adjustment is reached prior to arbitration and is not inconsistent with the terms of the Agreement. The District shall not agree to a resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.

9.     All grievance forms and any attachments thereto shall be filed in a grievance file separate from the permanent personnel file. When it is necessary for a representative designated by the Association to investigate a grievance or attend a grievance meeting or hearing during the day, he or she will, upon notice to the immediate supervisor by the President of the Association, be released without loss of pay in order to permit participating in the foregoing activities in compliance with Article 3.   Any unit member who is requested to appear in such investigations, meetings, or hearings as a witness will be released without loss of pay.

10.    The Association either on its own behalf or in behalf of more than one unit member, may initiate a grievance at Step 1 of Formal Level or the appropriate level depending on who is being grieved.

11.    In the event a grievance is filed at such a time that it cannot be processed through all the Steps in the Grievance Procedure by the end of the school year and, if left unresolved until the beginning of the following school year, could result in harm to an aggrieved person, the time limits set forth herein may be reduced at the request of the grievant so that the Procedure may be exhausted prior to the end of the school year or as soon as is practicable.

Article 10: Wages

Article 10: Wages

A.     Appendix A-1 Compensation Plan. The District and the Association agree to incorporate this appendix into the successor agreement.

B.     Members of the bargaining unit shall receive wages in accordance with the Salary Schedule in Appendix A-1a.

C.     For 2016-2017, the District shall increase Appendix A-1a by one and one-half percent (1.5%) effective July 1, 2016. For 2017-2018, the District shall increase the new 2016-2017 Appendix A-1a by one and one-half percent (1.5%) effective July 1, 2017.

The District is mindful of Appendix A-1, Objective #1 of the Agreement and will continue efforts to move the full-time faculty salary schedule to the median salary of the agreed upon comparative community college districts. Upon approval of the State Budget Act, the District and the Association shall open negotiations on Article 10 – WAGES no later than October 1, 2017 to continue the efforts established in Appendix A of the Agreement.

D.     The District shall incur the costs for parking fees for all full-time faculty for each year the faculty member is employed, beginning July 1, 2016, and inclusive of all full-time faculty hired thereafter.

E.     The part-time faculty member’s total compensation for the semester will be calculated using Appendix A-2b with the following additions:

1.     An additional four (4) hours of professional time (student contact, orientation committee work, mentoring session, etc.) per course for courses of at least one unit credit. The maximum professional time that can be compensated is eight (8) hours per semester.

2.     An additional five (5) hours specifically designated for student contact per course for courses of at least one unit credit. The maximum supplemental student contact time that may be compensated is ten (10) hours per semester.

3.     The District shall incur the costs for parking fees for part-time faculty for each semester the faculty member is employed beginning July 1, 2016, and inclusive of all part-time faculty hired thereafter.

F.     Payroll Errors

1.     Whenever it is determined that an error has been made in the wages of an employee, the party identifying the error shall notify the other party in writing as soon as possible. Following such notification, the error shall be corrected within a reasonable period of time.

2.     In the event of an underpayment to the employee, the District will provide the employee with a statement of the correction and a supplemental pay warrant within 30 days.

3.     In the event of an overpayment to the employee,   the employee will be given a reasonable opportunity to meet with District representatives to discuss the error. In the event that the District and the employee do not mutually agree to a repayment schedule, the District will deduct a portion of the employee’s wages (not to exceed 10% of the monthly net salary) in subsequent months until the District is fully reimbursed.   An exception to the 10% deduction restriction shall be made when the employee’s employment in the District is in the process of being or has been terminated.

Article 11: Health and Welfare Benefits

Article 11: Health and Welfare Benefits

A.     The District shall fully fund the least expensive benefit package for each unit member for the year 2014-2015. Individual unit members shall have the option to select other health plans offered by the District during open enrollment and shall be responsible for the cost differential between the plans. The new benefit cap shall be increased from $14,564.76 to $15,366.72. This Agreement shall be in effect July 1, 2014 through June 30, 2015.

There shall be no requirement for the District to procure the prior consent of any unit member before deducting the balance of any premium in excess of the above amount from any compensation due the unit member.

Upon receipt of notice by the District that the premiums are expected to increase in an amount which may change, the District shall notify CTA of such expected increase.   Upon receipt of notice of the actual amount of any increase, the District shall notify unit members of the amount of the actual increase and the effective date of such increase.

B.     The District and the Association agree to address the Association’s goal of providing benefits to part-time bargaining unit members as Objective #7 in Appendix A-1.

Article 12: Work Calendar

Article 12: Work Calendar

A.     The Academic Calendar for all members of the bargaining unit shall be established by the District after consultation with the Association. Changes in the established Academic Calendar may be made after consultation with the Association. The Academic Calendar shall contain the numbers of workdays set forth in this Agreement, and shall be consistent with this Agreement. The Academic Calendar shall include Thanksgiving, and winter recess.

Elimination of spring recess during the term of this contract, if spring recess is recommended to be eliminated by the Academic Calendar Committee, may only be done by written mutual consent of the District and the Association.

Service days for members of the bargaining unit shall be scheduled on weekdays immediately before or after instructional days.

B.     The District shall establish an Academic Calendar Committee to prepare an Academic Calendar. The Academic Calendar Committee shall allow for representation by the Associat The Academic Calendar Committee shall prepare an Academic Calendar consistent with this Agreement and submit such Academic Calendar to the Chancellor for his/her consideration and later ratification by the Board.

Article 13: Workload

Article 13: Workload

A.     Work Year


1.
    Instructional Faculty

The work year for all full-time instructional faculty shall be 177 workdays which shall include 170 days of scheduled classes, 3 (three) service days and 4 (four) flex activity days in each academic year.

2.     Non-Instructional Faculty

The work year for all full-time non-instructional faculty shall be 200 or 221 days depending on assignment which shall include 3 (three) service days and 4 (four) flex activity days in each academic year.

The established work year schedule of any full time non-instructional faculty member may not be changed except in cases of mutual consent, documented college need, or emergency.

a.     The base year of 200 days shall apply to unit members in the positions listed in Appendix G.

b.     The base year of 221 days shall apply to unit members in the positions listed in Appendix H.

The scheduling of the 200 and 221 workdays shall be established by mutual consent between the faculty members and the supervisors by May 1 for the following year. If mutual consent cannot be reached, a mediation team composed of the supervisor, the faculty member, a CTA representative and the supervisor’s supervisor. The CTA President within 10 (ten) days after receiving the notice of disagreement, shall arrange a meeting date and time agreeable to all four parties. Barring an emergency, if either of the parties in the disagreement fails to attend the mediation meeting, the issue is resolved in favor of the party in attendance.

3.     Extended Work Year

With mutual agreement the District may extend the work year for 177 or 200 day full time faculty. The faculty member shall receive per diem pay for each day the work year is extended. The District shall attempt to send a preliminary, tentative notice to employees about any extended contract year by March 15 of the preceding school year. The District shall attempt to finalize and communicate its determination for extended work years for the following June, July, August and/or September by March of that year. The per diem pay shall be determined by dividing the specific step where the employee is currently placed on the Salary Schedule (Appendix A-1) by 177 or 200 days as applicable to the employee’s assignment.

4.     Part-Time (Adjunct) Faculty

Part-Time faculty are employed on a semester-by-semester basis, at the discretion of the District. Those part-time faculty who have had satisfactory performance in their previous evaluation shall receive first consideration over newer part-time applicants for tentative assignments in courses previously taught by that part-time faculty member at that college.

B.     Workweek/Workday

1.     All Full Time Faculty

The workweek for all full-time faculty shall be 40 hours. Less than full-time faculty shall have a workweek of 40 hours prorated on the basis of full-time equivalency. (example: 9 lecture hours equals 0.600000 F.T.E., a workweek of 24 hours).

The 40 hour week for all full-time faculty shall include all student contact responsibilities, posted office hours, arranged consultation hours, committee assignments, accurate grade and attendance record keeping, preparation of all required reports, attendance during service days, and other non-student contact responsibilities as determined and assigned by the District. All full-time faculty also shall attend commencement ceremonies unless excused by the Chancellor or his/her designee.

There shall be a minimum of 11 (eleven) hours between the end of the last assigned class on one day and the first assigned class the next day unless the faculty member otherwise consents. The District shall not for arbitrary and capricious reasons assign someone to a schedule that has such employee teaching both at the beginning and end of the District’s operational day.

The District and the Association recognize the professional nature of the work performed by the instructional faculty members and agree that full-time instructional faculty shall be available at the District facilities for a minimum of an additional five (5) hours per week (pro-rated for less than full-time instructional faculty) to perform required responsibilities.

No overload hours, extra compensation work of any kind, or special contract assignments shall be included within the 40 hours. As set forth in Tables I and II of this Agreement, a faculty member shall be assigned a weekly schedule comprised of one of the following:

a.     15 lecture hours.

b.     21 laboratory hours.

c.     24 clinical hours.

d.     30 non-instructional hours.

e.     35 hours of other assigned responsibilities.

f.     Any combination of the above listed assignments equaling 1.000000 full-time equivalency.

2.     Definitions

a.     Lecture Hours: Instructor student contact hours in which the instructor normally gives a lecture presentation which was previously prepared and students are required to complete substantial work prior to or after such lecture presentation.

b.     Laboratory Hours: Instructor student contact hours in which the instructor normally supervises student activities in a laboratory environment, the activities are related to lecture hours, the instructor frequently provides instruction and students are responsible for learning all information from the instruction and activities.

c.     Clinic Hours: Activities where instructors or other professionals normally only supervises students who are practicing specific skills. The District and the Association also recognize that the implementation of “clinic hours” in some cases requires an expanded number of hours without additional compensation and flexibility since an instructor may be able to supervise a very small number of students at any one time.

d.     Non-instructional Hours: Most of the non-Instructional contact occurs within the services and functions of the support and Student Service areas such as but not limited to counseling, library, learning centers, Health Centers, and/or support programs such DSPS and EOPS. Non-Instructional hours include activities where faculty normally interact with students within an office, center and, or other specified area or services of the college where the contact between faculty and students does not normally generate FTE.

e.     Other assigned responsibilities: Primary responsibilities do not include student contact. All other duties as assigned.

3.     The District may assign faculty teaching loads between .950000 and 1.050000 without reduction of or addition to compensation. The District may also calculate load based on the average of two consecutive semesters in an academic year in order to allow for some flexibility in assignments.

4.     Instructional Faculty

All full-time instructional faculty shall maintain three posted office hours per week and two arranged office hours per week. All instructional faculty must submit, upon request, reasonable verification that they maintained the required number of office hours.

Instructional faculty who have less than a full assignment (except hourly faculty) shall maintain office hours on a pro-rated basis as their teaching load equates to a full-time teaching load.

5.     Non-Instructional Faculty with Student Contact Hours

Within the forty (40) hours shown above, thirty (30) hours shall be student contact hours per week, including management assigned responsibilities, five (5) hours for professional development, and five (5) hours per week on campus office hours/preparation time and academic senate assigned or optional committees, except for peak registration periods which shall be mutually agreed upon. Peak times are those that involve high volume of student contact based on student demands. During peak times, student contact hours shall be limited to thirty-five (35) hours per week.

6.     Other regular and contract non-instructional faculty as listed in Appendix G and H.

7.     Other Non-Instructional faculty shall remain at District facilities for requirements of their assignments for 35 hours per week. In addition, other non-instructional faculty shall be available at the District facilities for an additional five (5) hours per week to perform required responsibilities.

C.     Class Size

1.     Minimum Class Size

The District shall apply the following provisions concerning minimum class sizes to all lecture and lab classes with the exception of independent study, research, coordinated instructional systems and classes by arrangement with other entities.

a.     The minimum enrollment shall be twenty (20) students.

b.     Advanced or sequential classes that require prerequisite courses, the minimum shall be (15) students.

c.     In summer sessions classes the minimum enrollment shall be the same as regular classes as set forth in 1 and 2 immediately above.

The District may make exceptions to the above provisions concerning minimum class sizes in cases where instructors have other classes with large number of students, in courses required for graduation, in courses required in a major or in a career subject area, where the infrequency of a course requires it to be given, where there is a limited classroom size, in experimental programs, or in courses taught as overload without compensation.

2.     Maximum Class Size

The District shall apply the following provisions concerning maximum class sizes:

a.     Student enrollment in any course by the end of the second week shall not exceed the maximum established by any applicable law.

b.     Student enrollment in any course by the end of the second week shall not exceed the number of student spaces or work locations in the room or facility to be utilized.

c.     Student enrollment in any course by the end of the second week shall not violate any applicable safety rule or obligation.

Student enrollment in any English Composition course (Preparation for College Writing or Freshman Composition) by the end of the second week shall not exceed twenty-five students except with the agreement of the instructor. This specific maximum shall apply only to English 015, 101, and 102 courses which require adherence to any standards established by the University of California or weekly writing assignments and minimum word counts as follows, whichever is the greater:

English 010            Minimum 3,000 words

English 015            Minimum 3,000 words

English 101            Minimum 6,000 words

English 102            Minimum 6,000 words

e.     Student enrollment in non-introductory chemistry classes shall not exceed twenty-four (24). This maximum shall apply to chemistry classes, such as Chemistry 102, 104, 150(H) and 151(H). Student enrollment in advance chemistry classes shall not exceed twenty (20). This specific maximum shall apply only to advanced chemistry classes, such as Chemistry 212(H) and 213(H).

f.     The Work Experience workload shall be 125 students. Students in excess of 125 students shall be treated as overload. The overload is to be determined as follows: [number of students-125] / 125. For example, assume a workload of 150 students for one semester: 150-125/125 = .2 overload.

D.     Overload Assignments

No employee shall teach more than seven hours of overload per semester unless there is prior written approval from the Chancellor. In assigning overload, the District shall consider the seniority of full-time unit members only.

E.     Telecommuting

Some of the hours of a bargaining unit member’s assignment may be met by telecommuting. Telecommuting, for the purposes of this provision, is a term which recognizes the ability of any bargaining unit member to meet his/her professional obligations by working at an off-site facility. It is understood that in the event student/teacher contact is required or campus responsibilities such as committee meetings arise, full-time shall report to District facilities to meet such responsibilities.

Telecommuting schedules shall ensure that the bargaining unit members are available to meet the needs of the students, the department, and campus responsibilities.

Faculty shall list on their course syllabus the days/hours they are available on campus and off-campus (listing the phone they can be reached at) for set office hours.

Unit members must be accessible in the pre-set, arranged time they are telecommuting. The person can be reached by a variety of ways; telephone, pager, voice mail, answering machine or fax. Return calls must be made within 15 minutes, unless other arrangements have been made with their department.

F.     Days Per Week

All full-time faculty shall be available at District facilities for requirements of their assignments five days per week, Monday through Friday, except in cases of holidays, approved leaves, or telecommuting. Usual assignments for full-time employees shall be five days per week, Monday through Friday, to fulfill requirements at District facilities. Exceptions may be made in cases of (1) registration needs, (2) mutual consent between an employee and the District, (3) documented needs to assign an employee Saturday and/or Sunday work in order to complete guaranteed workload, or (4) the assignment of on-line faculty responsibilities.

Peak Registration Hours

The District and Association agree to address language which properly defines the concept of “peak registration hours” as part of re-opener negotiations for 2009-2010.

Article 14: Transfer / Reassignment

Article 14: Transfer / Reassignment

A.     A “transfer” is a movement of a tenure track bargaining unit member from one college to another. A “reassignment” is a movement of a tenure track bargaining unit member from one division or department to another division or department within a college. A “division” or “department” is a multi-disciplinary grouping containing related academic disciplines as established by the District. A department may also consist of a single discipline. (During 92-93 there were seven (7) divisions at Valley College and seven (7) departments or divisions at Crafton Hills College.) Nothing in this Article shall be interpreted as a restriction on the right of the District to change its organizational structure(s). The District has the right to transfer or reassign bargaining unit members as long as any such transfer or reassignment does not violate the specific provisions of this Article.

B.     A transfer/reassignment may be initiated by a Bargaining Unit Member (voluntary) or by the District (Administrative).

VOLUNTARY TRANSFER/REASSIGNMENT

C.     The District will consider all requests under this Article for voluntary transfer/reassignment from current unit members who meet minimum qualifications.

D.     A voluntary transfer/reassignment shall be based upon the following considerations:

Required minimum qualifications as specified in any job posting pursuant to state education law, regulation or Education Code Section 87369.

Consultation with the College President and with the Department or Division and its faculty.

Recentness of acquired knowledge and/or demonstrated competence based on evaluations and/or recommendations in the subject field or position.

Additional job related qualifications as compared to other applicants.

Seniority in the District.

Ability to perform all required tasks of the specific vacancy as specified by the job description.

Ability to work with immediate supervisor(s) and any co-workers, and ability to perform with assigned students.

Criteria shall not be applied in an arbitrary or capricious manner.

E.     If requested by a unit member, a conference will be held between the administrator who denied the request for voluntary transfer/reassignment and the unit member to discuss the reason(s) for the denial of the voluntary transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and shall receive written reasons for the denial following said meeting.

F.     Any vacant position of 3/5 time or more shall be advertised in a posting made available to tenure track unit members for two weeks. A vacancy is any vacated, promotional or newly created position. Posting will contain a job description and qualifications necessary to meet the requirements of the position. The posting will include a closing date for submitting a request for transfer/reassignment which shall be not less than two (2) weeks from the date of posting. No assignment to fill the vacancy shall be made until after the closing date. A District Committee which meets the requirements for a screening committee for new hires shall review all qualified faculty requests for voluntary transfer/reassignment.

The Committee constituted in accordance with the District Affirmative Action Plan’s guidelines for membership or screening committee for new hires shall make a recommendation to the College President who will in turn make a recommendation to the District Chancellor regarding which eligible applicant to accept or in the alternative, to advertise externally. The decision of the Chancellor shall be final.

G.     The District shall, upon request by a unit member, notify the unit member during summer recess of any posted academic bargaining unit openings which may arise during the summer recess. The unit member’s request must be in writing and must include a mailing address for the summer. Said notification shall be by regular United States Postal Service Mail. The Association shall hold harmless the District from any non-delivery of said notification by the Postal Service.

 H.     ADMINISTRATIVE TRANSFER/REASSIGNMENT

An administrative transfer/reassignment is initiated by the District and shall be based upon the considerations enumerated in subsection D of this Article.

I.     A unit member may request a conference between the administrator who determined the administrative transfer/reassignment and the unit member to discuss the reason(s) for the administrative transfer/reassignment. At the request of the unit member, an Association representative may attend the conference. The unit member may request and will receive, within reason, the transfer/reassignment following the Board Meeting. No administrative transfer/reassignment shall be arbitrary or capricious. Absent an urgent need for the immediate services of a unit member, any member who is administratively transferred/reassigned shall be given ten (10) regular scheduled workdays prior notice, except during the summer break when such notice shall be thirty (30) days, and the Association also shall receive notice.

J.     Nothing in this Article shall restrict the right of the District to make an administrative transfer/reassignment pursuant to provision D, or the right of the District to hire any new employee once the provisions of this Article have been met.

K.     If the District determines to transfer a program from one college to another, it will give ninety (90) days notice to affected unit members except if there is an urgent need.

Article 15: Personnel Files

Article 15: Personnel Files

A.     The permanent/official personnel file of each unit member shall be maintained at the Human Resources Office.

B.     Materials in the permanent/official personnel file of each unit member, which may serve as a basis for affecting the status of the unit member’s employment, are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which (1) were obtained prior to the employment of the person involved, (2) were prepared by identifiable examination committee members, or (3) were obtained in connection with a promotional examination. Every unit member shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the District. Non-instructional personnel may be authorized to inspect such materials during their working hours when necessary and within reasonable limits upon request and approval by their immediate supervisor.

C.     Information of a derogatory nature, except for information listed in the three numbered phrases in the paragraph immediately above, shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. For purposes of this Article, the notice requirement shall be met with the inclusion of the following statement on any document to be placed in a unit member’s District personnel file: “A copy of this document shall be placed in your District personnel file. You have a right to enter, and have attached to this document your written response. You have fifteen (15) regularly scheduled workdays from the day you were presented this document to have your written response attached to the document prior to its placement in your file. Your signature on this document indicates that you received it on the date stated herein, and shall not signify your agreement with the content of the document.” After the effective date of this Agreement, all such material shall contain a reference as to the date(s) it was originally prepared and the name of the individual who determined that it should be filed. Review of any derogatory information shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction.

D.     If a unit member disagrees with materials or the contents of materials placed in the unit member’s permanent/official file, the unit member may prepare a written statement to be attached. Said written statement shall be filed within fifteen (15) of the unit member’s regularly scheduled workdays.

E.     A unit member may obtain a copy of materials in his/her permanent/official file, except for the information listed in the three numbered phrases in paragraph B.

F.     Upon written authorization of the unit member, an Association representative may review the unit member’s permanent/official personnel file or accompany the unit member in a review.

G.     Material in a permanent/official personnel file shall be considered as confidential. Access shall be limited to those individuals authorized by the District on a need-to-know basis.

H.     Anonymous derogatory information will not be placed in an employee’s permanent/official personnel file.

Article 16: Evaluation Procedures

Article 16: Evaluation Procedures

The District has the right to evaluate and assess the performance of each bargaining unit member.

A.     The District also has the sole responsibility to evaluate and assess the performance of each bargaining unit member. Nothing in this Article shall allow a violation of Sections of the Education Code covering the procedures for evaluation of academic employees in public community college districts in California.

B.     There shall be a periodic review of the tools used to evaluate the bargaining unit members’ effectiveness. This review shall be conducted by a Working Committee with membership to include five faculty members, four appointed by the Presidents of the Academic Senates (two from each college), and one unit member appointed by the President of the Association, plus three administrators, one appointed by each of the college Presidents and the Director of Distributed Education. The Director of Institutional Research may be used as a resource for the Working Committee.

C.     Formal Evaluation Procedure

For Contract and Regular Employees

An initial conference between the evaluator and bargaining unit member shall occur before the formal evaluation procedure may begin and will include an explanation of the District evaluation procedure. The evaluator and the evaluatee shall cooperate in the scheduling of the initial conference. The evaluatee shall attend the initial conference.

For Temporary Employees

An initial conference between the evaluator or designee and bargaining unit member shall occur before the formal evaluation procedure may begin and will include an explanation of the District evaluation procedure. The evaluator or designee and the evaluatee shall cooperate in the scheduling of the initial conference. The evaluatee shall attend the initial conference.

1.     The Formal Evaluation Procedure shall include the following basic components:

a.     Student ratings of instructional bargaining unit members’ effectiveness, and non-instructional when appropriate.

b.     Classified staff ratings of unit members where the classified staff is supervised by the unit member.

c.     Comprehensive written self-assessment by the bargaining unit member based on duties performed and related to the specific assignment of the bargaining unit member.

d.     Written observations and assessments by the evaluator.

e.     Course syllabus

 

2.     The Formal Evaluation Procedure shall include a peer review process.

a.     Qualified peers are members of the academic staff who are knowledgeable about the subject area and course content taught by the employee undergoing evaluation and experienced in comparable types of teaching situations. In the case of counselors and librarians, and other non-instructional faculty, qualified peers are members of the counseling staff or other faculty familiar through training or experience with the assignment of the employee undergoing evaluation. [The non-instructional faculty evaluation process is addressed in section C. 7. The process for evaluating on-line instruction is addressed in section C. 8.]

b.     For contract and regular employees, two qualified peers shall participate in the employee’s evaluation. The two shall consist of one peer to be selected by the Academic Senate and one peer to be selected by the employee being evaluated.

c.     For temporary employees, only one peer shall participate in the employee’s evaluation. The peer shall be selected by the Division Dean or appropriate Department Head.

d.     Peers are responsible for review of the employee on the items specified in 6 a-e below.

e.     Peers shall base their review of the employee on observations of the employee in his/her relationships and communications with students, peers and other members of the college community and one of the following:

(i)   Direct observation of the employee during performance of his/her assigned duties in the classroom or on-line;

(ii)  Interview with the employee regarding his/her performance on the items indicated in section 6 a-e below;

f.     Each of the two peers shall submit in writing a statement of opinion regarding the employee’s performance on the items of evaluation. A unit member, other than Department Heads, shall not be required to participate in more than two peer reviews per year unless the unit member so agrees. A unit member, other than a Department Head, shall not be required to serve as a peer reviewer during any semester when he/she is being evaluated unless the unit member so agrees.

3.     The Formal Evaluation Procedure may not include Standardized or District-developed achievement or aptitude test results.

4.     The basic terms upon which the formal evaluation is based may include:

a.     Expertise in subject matter. The bargaining unit member shall:

Demonstrate satisfactory knowledge of the subject(s) in which he/she works.

b.     Techniques of instruction. The bargaining unit member shall:

Use means of presenting subject content, e.g., lecture, discussion, demonstration or programmed systems, which effectively facilitate learning:

Provide variety in the types of teaching techniques used as appropriate:

Employ fair and reasonable examinations, i.e., consistent with the objectives of the course and with the principal content of the course.

c.     Effectiveness of communication. The bargaining unit member shall:

Communicate clearly to the students the objectives of the course by use of a syllabus that also identifies resources available to students that are related to the course and identifies how the course grade is to be determined;

Explain clearly either orally, or by illustration, demonstration or example, the concepts which comprise the course material;

Express one’s self clearly when engaged in dialogue with his/her students;

Demonstrate an attitude towards students and colleagues which is conducive to communication.

d.     Acceptance of responsibility. The bargaining unit member shall demonstrate his/her acceptance of responsibility by means other than instruction. This may be demonstrated by any of the following items, but not necessarily limited to these items.

Participation in committee work of the District, and/or college;

Participation in other academic work, e.g., department, division, and faculty meetings;

Adhering to the policies and regulations of the College and/or the District.

e.     Performance in areas of responsibility other than in the classroom, if applicable. The bargaining unit member shall:

Function effectively in positions of additional responsibility, e.g., as department head, coach or program coordinator, etc.

5.     Non-instructional bargaining unit members, such as counselors, librarians, etc., shall be evaluated by applicable portions of the components, items and procedures listed below:

a.     Expertise in program area. The bargaining unit member shall:

Demonstrate satisfactory knowledge of the programs in which he/she works.

b.     Techniques of instruction where appropriate for program area. The bargaining unit member shall:

Use means of presenting subject content, e.g., lecture, discussion, demonstration or workshops which effectively facilitate learning;

Employ fair and reasonable assessments, consistent with the objectives and the principal content of the workshop or course.

c.     Effectiveness of communication. The bargaining unit member shall:

Demonstrate ability to communicate clearly the purpose, mission and scope of the program area;

Clearly explain the department or program procedures to be followed;

Express one’s self clearly when engaged in dialogue with students, staff or faculty;

Demonstrate an approachable and clear communication style toward students, staff and colleagues.

d.     Acceptance of responsibility. The bargaining unit member shall demonstrate his/her acceptance of responsibility. This may be demonstrated by any of the following items, but not necessarily limited to these items.

Participation in committee work of the District, and/or college;

Participation in other academic work, e.g., department, division, and faculty meetings;

Adhering to the policies and regulations of the College and/or the District.

Functioning effectively in positions of additional responsibility, e.g., as department head, coach or program coordinator, etc.

6.     Teaching faculty assigned on-line instruction shall be evaluated by applicable portions of the components, item and procedures listed below.

a.     Expertise in subject matter. The bargaining unit member shall:

Demonstrate satisfactory knowledge of the subject(s) in which he/she works.

b.     Techniques of instruction. The bargaining unit member shall:

Use means of presenting subject content on-line which effectively facilitate learning;

Provide variety in the types of on-line assignments used as appropriate;

Employ fair and reasonable examinations, i.e., consistent with the objectives of the course and with the principal content of the course.

c.     Effectiveness of communication. The bargaining unit member shall:

Communicate clearly to the students the objectives of the course by use of an on-line introduction and syllabus that also identifies resources available to students that are related to the course and identifies how the course grade is to be determined;

Explain clearly the concepts which comprise the course material;

Express him/herself clearly when engaged in email communication or dialogue with his/her students;

Demonstrate prompt on-line communication with students.

d.     Acceptance of responsibility. The bargaining unit member shall demonstrate his/her acceptance of responsibility by means other than instruction. This may be demonstrated by any of the following items, but not necessarily limited to these items.

Participation in committee work of the District, and/or college;

Participation in other academic work, e.g., department, division, and faculty meetings;

Adhering to the policies and regulations of the College and/or the District.

e.     Performance in areas of responsibility other than in the classroom, if applicable. The bargaining unit member shall:

Function effectively in positions of additional responsibility, e.g., as department head, coach or program coordinator, etc.

7.     Contract employees shall be evaluated at least once in each academic year. Regular employees shall be evaluated at least once in every three academic years. Temporary employees shall be evaluated within the first year of employment. Thereafter, evaluation shall be at least once every six regular semesters.

8.     Formal evaluations during the summer session must meet all the requirements of provision C of this Article, “Formal Evaluation Procedures,” and shall be mutually agreed upon by the evaluator and evaluatee.

9.     The formal evaluation summary and all related support documents shall be provided to the bargaining unit member no later than December 15 for any formal evaluation during the fall semester and no later than May 15 for any formal evaluation during the spring semester. Before the formal evaluation summary is completed, the bargaining unit member shall be given an opportunity to discuss the evaluation procedure and the possible result or results of the formal evaluation summary with the evaluator. The formal evaluation summary shall be dated, and signed by the evaluator. The evaluatee shall sign and date the formal evaluation summary when it is received. Such signature, by itself, shall not be interpreted as agreement with the contents or findings of the formal evaluation summary.

10.    In the event of any dispute regarding any of the contents or findings of the formal evaluation summary, the bargaining unit member may prepare a written response within thirty (30) calendar days of receipt of the formal evaluation summary. The written response shall be attached to the formal evaluation summary in the personnel file. The content of the evaluation shall not be grievable.

11.    If the formal evaluation summary cites specific deficiencies, the evaluator shall schedule a meeting with the evaluatee to discuss appropriate steps for improvement. The evaluator shall give specific written recommendations for improvement. If the subsequent formal evaluation summary indicates that the deficiencies have been corrected, a written statement of such improvement shall be prepared and signed by the evaluator and attached to the earlier formal evaluation summary.

D.     The District has the responsibility to prepare and utilize evaluation forms and other forms relating to the evaluation and assessment of the job performance of each bargaining unit member as recommended by the Working Committee.   Before the District utilizes any printed or standardized evaluation form, the Association shall be given an opportunity to review and consult on the forms.

E.     The District may conduct additional observations or assessments to augment and be included in the Formal Evaluation Procedure.

F.     Tenure Evaluation and Review Procedures for Tenure Candidates Only.

1.     In the San Bernardino Community College District, contract faculty members will be recommended for tenure only during their fourth year of service. A standing Tenure Review Committee shall be established at the beginning of each Fall semester.

2.     During the first three years of a contract faculty member’s service, if any of the required yearly evaluations is less than fully satisfactory, that evaluation shall be turned over to the Tenure Review Committee. (If no Tenure Review Committee has been convened that year, one will be formed for this purpose, according to the procedure described in 4 and 5 below.) The Tenure Review Committee will examine the evaluation, confer with the affected faculty member, and develop with that faculty member a plan for remediation. If the Tenure Review Committee has any doubt about a faculty member’s overall performance after the conclusion of a remediation plan and/or the first three years of contract service evaluations, the Tenure Review Committee shall recommend:

a.     a final remediation plan to be monitored and evaluated prior to the completion of the fall semester of the contract faculty member’s fourth year of service; or

b.     that the faculty member in question be dismissed at the conclusion of the fourth year of service.

3.     All contract faculty members will be evaluated during the fall semester of the fourth year of service.

4.     During the academic years when one or more contract faculty members will be completing the fourth year of service and therefore will be recommended or not recommended for tenure, the President of each tenure-eligible faculty member’s college shall appoint a Tenure Review Coordinator, who shall be a tenured faculty member and who shall chair the Tenure Review Committee of that college. The College President shall also appoint one administrator to serve on this Committee.

5.     The President of the Academic Senate and the college representative of the Association’s Collective Bargaining Unit shall each appoint one tenured faculty member to serve on the Tenure Review Committee at their college. Thus each college’s Tenure Review Committee will consist of four members.

6.     The Tenure Review Committee shall meet in January to review the four evaluations of each faculty member being considered for tenure.

7.     If all four evaluations of a faculty member are fully satisfactory, the Tenure Review Committee shall recommend that individual to the President for tenure.

8.     At the conclusion of this evaluation, the Tenure Review Committee shall meet and decide on a recommendation to the College President of tenure or dismissal for the faculty member in question.

9.     All recommendations regarding fourth-year faculty members shall be submitted to the College President by February 15.

10.    If the College President disagrees with a recommendation of the Tenure Review Committee, the College President and the Committee shall meet with the District Chancellor to present their differing points of view. The Chancellor shall have final authority to make a recommendation to the Board of Trustees.

11.    On both Crafton Hills College campus and San Bernardino Valley College campus the Vice President for instruction shall be responsible for ensuring compliance with Article 16, Section F, subsection 1 which stipulates that “A standing Tenure Review Committee shall be established at the beginning of each Fall semester.” Said Committee shall be in place no later than September 15 of the current fall semester.

12.    The Vice President for Instruction shall report the names and positions of the members of the standing Tenure Review Committee to the President of the San Bernardino Community College District Teachers Association no later than September 30 of the current fall semester.

13.    The Vice President for Instruction shall provide the names, assignments, and year(s) of service of all probationary faculty members currently in line for tenure to the President of the San Bernardino Community College District Teachers Association no later than September 30 of the current fall semester.

14.    The Tenure Review Committee on both campuses shall have as part of its responsibility a review of all evaluations of the probationary faculty identified in item 3 above to ensure that every step of the evaluation procedure described in Article XVI has been strictly followed. Should the review reveal any missed steps or errors in application of the Article 16 Procedures, the Association Representative on the Committee shall immediately contact the President of the Association who shall initiate the Grievance Procedure on behalf of the affected Association members.

 

Article 17: Public Charges

Article 17: Public Charges

A.     This article shall apply only to written complaints against a unit member by students, parents/guardians of students or members of the public. Prior to any such written complaints, a complainant should be encouraged to present an informal complaint with the unit member directly in an effort to reach a mutual agreement on the matter.

B.     This complaint procedure shall not be used if the District provides another procedure for the specific type of complaint being filed, such as sexual harassment complaints.

C.     Upon notice to the District by any agency or state organization of a complaint against a unit member, or an investigation initiated as a result of a complaint against a unit member, the District shall immediately notify the Association and the unit member unless such notice is specifically prohibited by law.

D.     If the parties do not reach a mutually agreeable resolution, the complainant may submit a written complaint following the procedures set forth in Section F and G of this article.

E.     Complaint Procedures

The District and the Association agree that prompt complaints facilitate an appropriate and satisfactory resolution. No discipline, dismissal, placement of material in the unit member’s file or other adverse action shall be predicated upon complaints, information or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agencies, and/or the public unless these procedures have been followed:

1.     Each written complaint must be filed immediately but no later than ten (10) working days after the date of the incident that resulted in the complaint. Written complaints pursuant to this Article shall be submitted to the immediate supervisor, who is the manager, of the unit member. Such complaints shall be submitted in writing. The written complaint shall set forth in detail all of the facts upon which the complaint is based, including but not limited to names, dates and other specific details, shall be signed and dated by the complainant, and shall state the requested remedy.

2.     A copy of the written complaint shall be forwarded to the unit member not more than five (5) working days following its receipt by the immediate supervisor. No action shall be taken by the District on an oral and/or anonymous complaint.

3.     The unit member shall have the right to attempt resolution of the complaint at this point without further involvement of the administration. The unit member shall schedule a meeting with complainant to do so within five (5) working days of receipt of the complaint and the meeting will take place within a reasonable amount of time following. A written summary of the meeting will be developed by those present which includes the resolution, roles and responsibilities of those implementing the resolution, and a timeline for implementation.

4.     Should the unit member believe the allegations in the complaint warrant a meeting or because of the lack of a mutually agreeable resolution, s/he shall request that the immediate supervisor attempt to schedule a meeting between the unit member and the complainant to be facilitated by the immediate supervisor. Such meeting shall be scheduled by mutual consent within a reasonable amount of time.

5.     If a complaint is filed by a parent, the unit member may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant refuses to attend the meeting, the complaint shall neither be placed in the personnel file nor shall it be utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.

6.     Should there be no resolution as a result of Step 3 above, the immediate supervisor shall request that the member of the public meet with her/him to discuss the complaint. If a parent files a complaint, on behalf of the minor student, the supervisor may request that the student of the parent/guardian who filed the complaint be present during part or all of this meeting. If the complainant does not attend the conference and there is no evidence to substantiate the complaint other than the oral testimony of the complainant, or minor student, no record of the complaint shall be placed in the personnel file and the matter shall be considered closed.

7.     The immediate supervisor shall meet to discuss the complaint with the unit member. After the immediate supervisor has reviewed the complaint and has met with the unit member, s/he may request that the complainant meet with him or her, with or without the unit member, to attempt to resolve the complaint. Such meeting shall be held within the next five (5) working days.

8.     After following the procedures set forth in this Step 7 above, and within 3 (three) working days following said meeting, the immediate supervisor shall forward to the complainant and the unit member a recommended resolution in writing.

9.     Within five (5) working days after receiving the recommended resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the immediate supervisor who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the President of the College. The President of the College, or her/his designee, shall meet with the complainant and the unit member in an attempt to reach a resolution. The unit member shall have the right to representation of her/his choice at this meeting. If the complainant does not attend the meeting, or if a resolution is not reached, the President of the College shall forward to the complainant and the unit member a recommended resolution in writing.

10.    Within five (5) working days after receipt of the written resolution, if either the complainant or the unit member is not satisfied with the resolution, s/he shall notify the President of the College, who shall forward the complaint, along with the investigation and attempts at resolution shall be forwarded to the District, Office of the Chancellor.

11.    The Chancellor’s designee may meet with the complainant and/or the unit member. Such meeting shall be held not more than five (5) working days following receipt of the appeal. The unit member shall have the right to representation of her/his choice at this meeting. The Chancellor or his/her designee shall issue a decision regarding the complaint, a copy of which shall be provided to both the complainant and the unit member.

F.     Complaint to the Governing Board

1.     If the complainant is not satisfied with the response of the Chancellor’s designee, the complainant may file the complaint with the Governing Board. A complaint filed with the Governing Board shall be filed no later than ten (10) working days after the date the Chancellor’s designee forwarded notice of the decision regarding the complaint. The complainant shall submit to the Governing Board a written notice of the basis upon which the complainant desires to appeal the decision of the Chancellor. The complaint to the Governing Board shall be filed with the Chancellor who shall forward the complaint to the Governing Board.

2.     The Governing Board retains sole discretion to decide whether or not to hold a meeting regarding the complaint. If the Governing Board decides to hold a meeting regarding the complaint, such meeting shall be held within forty-five (45) calendar days after the complaint is filed with the Governing Board. The Governing Board may extend the above period if appropriate or necessary.

3.     The Chancellor or designee shall provide the complainant and the unit member with notice of no less than five (5) calendar days of the time, date, and place of any meeting of the Governing Board regarding the complaint. The Governing Board shall request that the complainant and unit member attend the meeting. The unit member shall have the right to representation of her/his choice at this meeting.

4.     The meeting shall be held in closed session unless the unit member requests in writing at least five (5) days prior to the date of the meeting that it be held in a public session. The complainant and the unit member shall both have an opportunity to attend and to speak at the meeting. The complainant shall have the opportunity to speak first. The Governing Board may question the complainant and the unit member. The Governing Board also may request other persons to attend and speak during this meeting.

5.     The Governing Board shall prepare a written response to the complainant. The written response shall be forwarded to the complainant and the unit member within fifteen (15) calendar days after the conclusion of the meeting before the Governing Board. The Governing Board may extend the above period if appropriate or necessary. The decision of the Governing Board shall be final and binding.

G.     Oral or anonymous complaints shall not be processed through this procedure.

H.     Should the Association and/or a unit member become aware that a public charge investigation has been initiated without notice to the unit member in accordance with these procedures, the Association shall immediately notify the Office of the Vice Chancellor of Human Resources that such investigation is not in accordance with these procedures and the investigation shall cease immediately unless otherwise specifically prohibited by law.

No reference to complaints, which are determined by the District to be without merit, shall be placed in the unit member’s personnel file or utilized in any evaluation or disciplinary action against the unit member.

This Article is subject to the grievance procedure only to the extent that it is alleged that the District herein has violated the procedures.

 

Article 18: Leaves of Absence

Article 18: Leaves of Absence

A.     Nothing in this Article shall allow a violation of Sections of the Education Code covering leaves for academic employees in public community college districts in California. The District within its discretion may grant additional leaves with or without pay (e.g., acute bereavement); the District and the Association agree that the granting of any additional leave shall not establish a practice in the District.

B.     Unless otherwise prohibited by applicable law or another provision of this Agreement, a bargaining unit member on an authorized paid leave of absence shall continue to receive regular salary and health and welfare benefits. Unless otherwise prohibited by applicable law or another provision of this Agreement, a bargaining unit member on an authorized short-term unpaid leave of absence for fifteen (15) days or less shall continue to receive regular health and welfare benefits. Unless otherwise prohibited by applicable law or another provision of this Agreement, a bargaining unit member on an authorized long-term unpaid leave of absence for more than fifteen (15) days shall continue to receive regular health and welfare benefits only if the member transmits to the District on a regular basis the full monthly cost to the District of such benefits. Failure to provide regular and prompt payment to the District shall result in loss of coverage.

C.     A bargaining unit member returning from any type of paid leave shall be entitled to return to a similar assignment held prior to the leave. A unit member returning from any type of unpaid leave shall be entitled to return to a comparable assignment held prior to the leave unless no comparable position is available because of the assignment of a regular or contract unit member.

D.     The District shall provide an account of the number of days of illness/injury leave accumulated, plus the number of days entitled for the current school year. An accounting of such days should be provided by November 1 of each school year for each full-time or part-time bargaining unit member. The District also shall provide such information to hourly employees upon written request.

E.     All verification of leaves may be initially accomplished by the immediate supervisor but only the Chancellor or designee has the authority of the District to approve verification of leaves or make final decisions on leaves. The District may prepare and distribute leave forms as long as those forms do not violate the provisions of this Article. The District may adopt verification procedures to implement the provisions of this Article as long as those verification procedures do not violate the provisions of this Article.

F.     Members of the “immediate family,” as used in this Article, shall be restricted to the mother, father, grandmother, grandfather, or a grandchild of the employee or the spouse of the employee, son, son-in-law, daughter, daughter-in-law, father-in-law, mother-in-law, any step relationship, brother, sister of the employee, or any other individual whose legal residence is in the immediate household of the employee.

G.  1.     Sick Leave (Education Code Section 87781)

a.     Every academic employee employed five (5) days a week by the District shall be entitled to ten (10) days’ leave of absence for illness or injury, exclusive of all days he/she is not required to render service to the District, with full pay for a school year of service. Academic employees employed for more than ten (10) months per year shall be entitled to additional days’ leave of absence for illness or injury up to a maximum of two (2) in one quarter (.25) increments dependent on the length of their contract (e.g., 10 3/4 month contract = 10.75 sick leave days). An academic employee employed for less than five (5) school days a week shall be entitled, for a school year of service, to that proportion of ten (10) days’ leave of absence for illness or injury as the number of days he/she is employed per week bears to five (5); pay for any day of such absence shall be the same as the pay which would have been received had the employee served during the day. Credit for leave of absence need not be accrued prior to taking such leave by the employee and such leave of absence may be taken at any time during the school year. If such employee does not take the full amount of leave allowed in any school year under this provision, the amount not taken shall be accumulated from year to year.

b.     The provision of extended illness leave relating to compensation shall not apply to the first ten (10) days of absence on account of illness or accident of any such employee employed five (5) days a week or to the proportion of ten (10) days of absence to which such employee employed less than five (5) days a week is entitled hereunder on account of illness or accident or to such additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this provision and the benefit provided by the provision of extended illness leave for absences necessitated by pregnancy, miscarriage, childbirth, and recovery there from.

c.     Verification:

(1) The District may require that the employee provide written verification by a physician of the employee’s incapacity if the employee has been on sick leave for five (5) or more consecutive days. The District shall require different written verification for an employee who has membership in a religious body whose traditional teachings include objections to the use of medical doctors.

(2) The Chancellor or designee may require appropriate verification (e.g. an affidavit) of the employee’s incapacity for less than five (5) days if he/she has reasonable grounds to believe that verification is appropriate under the circumstances.

2.     Extended Sick Leave (Education Code Section 87780)

If a bargaining unit member is absent from duties on account of illness or accident for a period of five (5) school months or less, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him after the exhaustion of accumulated sick leave under provision G 1 for any month in which the absence occurs shall not exceed the sum which is actually paid a temporary employee employed to fill his/her position during his/her absence or, if no temporary employee was employed, the amount which would have been paid to the temporary employee had he/she been employed. The District acknowledges that under current Education Code Section 87780 it shall make every reasonable effort to secure the services of a temporary employee while a regular employee is on leave under this provision.

3.     Pregnancy Leave (Education Code Section 87766)

a.     A unit member may use sick leave provided for in this Article for absences necessitated by pregnancy, miscarriage, childbirth, and recovery there from. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician.

b.     Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave.

c.     This provision shall be construed as requiring the District to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury or disability.

4.     Industrial Accident and Illness Leave (Education Code Section 87787)

The District specifically limits its liability to the minimum requirements mandated by Education Code Section 87787.

a.     An employee shall be allowed leave for not less than sixty (60) working days. Such leave shall not exceed sixty (60) working days in any one fiscal year for the same accident.

b.     Allowable leave shall not be accumulative from year to year.

c.     Industrial accident or illness leave will commence on first day of absence.

d.     Payment for wages lost on any day shall not, when added to an award granted the employee under the Workers’ Compensation Laws of this State, exceed the normal wages for the day.

e.     Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation.

f.     When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.

g.     When entitlement to industrial accident or illness leave has been exhausted, entitlement to other statutory sick leave will then be used; but if an employee is receiving workers’ compensation, he/she shall be entitled to use only so much of his/her accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the workers’ compensation award, provide for a full-day’s wage or salary.

h.     Any employee receiving benefits as a result of this section, shall, during periods of injury or illness, remain within the State of California unless the District authorizes travel outside the State.

5.     Personal Necessity Leave (Education Code Sections 87781.5 and 87784)

a.     A bargaining unit employee may use no more than six (6) days of accumulated sick leave per school year in case of compelling personal importance or necessity.

b.     For purposes of this provision, “compelling personal importance or necessity” is defined as:

Serious illness of a member of the employee’s immediate family;

Death of a member of the employee’s immediate family (if additional leave is required beyond Bereavement Leave);

Accident involving the employee’s person or property, or the person or property of a member of the employee’s immediate family;

 An emergency requiring prompt response, which response cannot reasonably be made by anyone other than the employee and cannot be made at any time other than during the employee’s working hours;

When a unit member is required to appear as a witness in court, other than as a litigant, or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee, a leave without loss of salary shall be granted. The unit member will be paid the amount of the difference between the member’s regular earnings and any amount(s) he/she receives as witness fees. The leave request form shall be submitted with a copy of the subpoena attached;

Recognized religious holidays of a religious body in which the unit member regularly practices or has membership.

c.     For purposes of this provision “compelling personal importance or necessity” shall not include:

Recreation of any kind

Engaging in other employment of any kind, including direct or indirect self-employment

Social events

Vacation

Any concerted refusal to work

Pursuit of other business, financial or economic interests of the employee

Any illegal activity

d.     Except in the case of an emergency, advance permission for leave taken pursuant hereto must be obtained from the Chancellor or designee, who shall have sole discretion to determine whether the request for leave qualifies hereunder. If possible, advance notice of taking leave for an emergency shall be given by the employee to the District Chancellor or designee.

e.     A unit member may use not more than two (2) of the six (6) days of personal necessity leave under this provision for “personal business” which can be transacted only during the employee’s working hours and reasonably cannot be transacted by anyone other than the employee. For purposes of this provision “personal business” shall not include any matter listed in paragraph c immediately above except for “pursuit of other business, financial or economic interests of the employee.” The unit member seeking to use personal necessity leave under this provision for “personal business” must file a written statement with the Chancellor or designee, that such leave is for personal business which can be transacted only during the employee’s working hours and reasonably cannot be transacted by anyone other than the employee, and that the purpose of the personal business leave is entirely consistent with this provision. The Chancellor or designee shall grant such personal business leave unless there is a reasonable ground(s) to believe that additional verification is appropriate, in which case the verification must be submitted to the Chancellor or designee.

6.     Bereavement Leave (Education Code Section 87788)

Each member of the bargaining unit is entitled to a leave of absence, not to exceed three (3) days, or five (5) days if out-of-state travel is required, on account of death of any member of his/her immediate family. No deduction shall be made from the salary of such employee nor shall such leave be deducted from other leaves.

“Acute bereavement” is a type of additional bereavement beyond the leave in the above paragraph, and may be granted within the sole discretion of the District.

The Chancellor or designee may require reasonable verification of any such leave.

7.     Jury Duty Leave (Education Code Section 87035)

Unit members shall be eligible for leave of absence when regularly called for jury duty in the manner provided for by law subject to the following provisions:

a.     Subject to the provisions below, the unit member, while serving on jury duty, shall receive his/her regular earnings from the District and shall transmit to the District all fees, exclusive of mileage received for jury service.

b.     As a matter of general policy, the District does not normally encourage employees to seek exemption from or postponement of jury duty; the District will cooperate with the employee in any appropriate manner. Unit members who are denied an exemption or postponement after a good-faith application for same, shall be eligible for paid leave up to a maximum of five (5) unit members at any one time.

c.     An employee on jury leave for one semester or less shall be entitled to return to the same assignment held at the time such leave commenced, unless such assignment has been discontinued, in which case the employee shall be entitled to a comparable position. An employee on jury leave for more than one semester shall be entitled to return to an assignment comparable to the assignment held at the time such leave commenced. In any case, the assignment of the employee upon return to work shall be comparable to that held at the time jury leave began.

8.     Military Leave

The District shall grant all leaves for military purposes pursuant to the requirements of federal and state law.

9.     Exchange Teacher Leave (Education Code Sections 87422, 87423, and 87424)

a.     The District pursuant to applicable law may enter into an agreement with the proper authorities of any foreign country, or of any state, territory, or possession of the United States, or other district within the state, for the exchange and employment of regularly credential employees and employees of public schools of any foreign country, state, territory or possession, or other district within this state.

b.     Any academic person so employed shall be known as an “exchange academic employee.”

c.     No exchange shall be made without the consent of the employee.

10.    Family Emergency Leave

Upon prior approval by the Chancellor or designee, and upon exhaustion of Personal Necessity Leave, a unit member may be granted a maximum of two (2) days paid leave in any school year to attend to a family emergency which requires the presence of the unit member. Such leave is not cumulative and is granted within the discretion of the District.

11.    Professional Conference Leave

a.     Bargaining unit members may, with approval of the college President, be permitted without loss of compensation to attend professional conferences directly related to their teaching or other District work assignments.

b.     The length of any such short-term leave shall not exceed the length of the business portion of such conference, plus necessary travel time.

c.     No such leave shall be granted unless the unit member has requested and received approval on the appropriate District form.

12.    Unpaid Leaves

Any unit member may be granted an unpaid leave of absence by the Board for reasons of study, travel, personal business, home responsibility, health, or for any other reason the Board may determine.

a.     Health. An application for leave of absence for reasons of personal health in excess of the time for which sick leave benefits are payable to a unit member must be supported by the written recommendation of a licensed physician or health practitioner.

b.     Study. An application for leave of absence for professional study must be supported by a written statement indicating what study or research is to be undertaken, or, if applicable, what subjects are to be studied at what institutions.

c.     Travel. A leave of absence for the purpose of educational travel must be supported by a written statement of itinerary indicating absence from the District for a majority of the time covered by the application for such leave.

d.     Home Responsibilities. A leave for this purpose may be granted to a unit member to care for his/her immediate family member whose health temporarily requires the full-time attention of the unit member. The application for such leave must be supported by the written recommendation of a licensed physician or health practitioner. Such leave also may be granted to permit a unit member to place a newborn or newly adopted child in his/her home.

(i)   Parental Leave: After two years of full-time service, the SBCCD will allow parental leave for a period of twelve weeks, for an employee, within the first six months following the birth or adoption of a child. During this time, sick leave may be used. Upon exhaustion of sick leave, an employee may utilize difference in pay up to completion of the twelve week period. During this leave, the District will continue health benefit coverage, sick leave and seniority will accrue, and pension contributions will be made by both District and employee.

(ii)  Family Care Leave: After two years of full-time service, the SBCCD will allow family care leave for care of disabled or seriously ill children, spouses, parents or other members of the immediate family as defined in Article 18 for a period of up to twelve weeks. Sick leave may be used for this purpose. Upon exhaustion of sick leave, an employee may utilize difference in pay up to completion of the twelve week period. During this leave, the District will continue health benefit coverage, sick leave and seniority will accrue, and pension contributions will be made by both District and employee.

Either (i) or (ii) may not be taken more than once in any two-year period. Leave benefits under this section are in addition to other leave rights available to employees.

e.     Personal Business. A leave of absence may be granted to conclude essential legal actions or to obtain broadening professional experience, and must be supported by such evidence as the District may designate. The term “broadening professional experience” means experience gained through employment, study, or research which is not obtainable in a manner which might otherwise qualify a unit member for study leave as set forth in subsection b above; and which, in the judgment of the Board, will increase the unit member’s competence in relation to his/her present or anticipated assignment within the District.

f.     Unit Member Who Is Elected To The Legislature (Education Code Section 87701)

A regular (permanent) unit member who is elected to the Legislature shall be granted a leave of absence. Within six (6) months after the term of office of such permanent unit member expires, the permanent unit member shall be entitled to return to the District to the position held at the time of election.

g.     Unit Member Who Is Elected To Other Full-Time Public Office

A permanent unit member who is elected to any full-time public office other than the Legislature may be granted an unpaid leave of absence for the length of the term or terms of office. The permanent unit member utilizing such leave shall notify the District in writing of intended return ninety (90) days prior to the intended date.

H.  1.     Sabbatical Leave (Education Code Sections 87767-87774)

a.     Sabbatical Leaves for unit members may be granted by the Board within its discretion. If the Board determines to grant any Sabbatical Leave, it shall do so consistent with the following provisions. If the Board determines that it may grant any Sabbatical Leaves for the following school year, it will notify employees prior to October 1 of the possible number of Sabbatical Leaves.   Such notification, however, is no guarantee of any Sabbatical Leave for the following school year.

b.     A Sabbatical Leave may be granted only to a bargaining unit member who has rendered service to the District for at least six consecutive years preceding the granting of any Sabbatical Leave, and the bargaining unit member has not been granted a Sabbatical Leave within at least a six-year period. No authorized absence from the District within the six consecutive years preceding the granting of any Sabbatical Leave shall be deemed a break in service for purposes of computing the six consecutive years required by this paragraph.

c.     A Sabbatical Leave may be granted for a period not to exceed one year. A Sabbatical Leave may be granted for one semester or two semesters.

d.     Any bargaining unit member granted a Sabbatical Leave shall enter into a written agreement with the District consistent with applicable law, which shall contain an agreement by the bargaining unit member to render a period of service in the District following the return to the District from the leave of absence equal to twice the period of the leave.

e.     At the expiration of any Sabbatical Leave, the bargaining unit member, unless there is mutual agreement to the contrary, shall be reinstated in the position held at the granting of the Sabbatical Leave. A Sabbatical Leave shall not be construed as a break in service required for normal advancement on the salary schedule. A bargaining unit member while on Sabbatical Leave is an employee of the District in paid status, but the District is freed from any liability for the payment of any compensation or damages provided by law for the death or injury while the employee is on any Sabbatical Leave.

2.     Sabbatical Leave Committee

a.     All proposals for Sabbatical Leaves shall be evaluated by a Sabbatical Leave Committee at each college. The Sabbatical Leave Committee shall be a standing committee at each college.

b.     The Committee shall weigh the value of each proposed Sabbatical Leave to the unit member, to the students, and to the District. The Committee also shall weigh reasonable distribution of Sabbatical Leaves among departments and divisions, and seniority.

3.     Purpose of Sabbatical Leave

Sabbatical Leaves may be granted for purposes that include, but are not limited to, the following:

a.     Academic study or professional research from an accredited institution of higher education. A unit member who applies for leave for this purpose shall agree to undertake advanced study or independent research related to his/her teaching assignment. No less than six (6) units of course work or equivalent research per semester shall be acceptable from an accredited institution of higher education or approved program.

b.     On-site research project. Special projects shall be designed to expand the unit member’s knowledge so that he or she will be a greater asset and credit to the District, worth to the student being the ultimate measure. These projects may also include development of educational programs and curricula. Projects which involve extensive travel outside the county must include a detailed itinerary.

c.     Approved teaching or research fellowships and teacher exchange programs.

d.     Work or research in industry, business or government. Positions shall be restricted to those related to the applicant’s field and ones which shall be of benefit to the District and for the improvement of instruction. If any work for compensation is involved in the program for Sabbatical Leave, the applicant shall make clear how such work will contribute directly to the professional growth of the applicant, and compensation received there from shall be incidental to the purposes of the leave (e.g. a scholarship, fellowship, or grant for graduate study or research).

e.     A Sabbatical Leave of Absence may be granted for a program of study or for travel, or for a special program which will clearly enrich the applicant’s professional competence.

f.     Other experiences that may be approved by the Board.

4.     Applications

a.     Applicants for Sabbatical Leaves shall file with their College Sabbatical Leave Committee a written request containing detailed plans of their proposal.

b.     Applications shall be filed on or before November 1 of the fiscal year preceding the proposed leave.

c.     Applications and recommendation of each campus committee shall be forwarded to a District Sabbatical Leave Committee composed of six (6) members, one each appointed by each college president, and one each by each academic senate, and two (2) by the Association. The District Sabbatical Leave Committee shall forward its recommendations to the Chancellor for review and any recommendation to the Board.

5.     Compensation

a.     If the Sabbatical Leave is for two (2) semesters, compensation shall be fifty percent (50%) of the unit member’s regular contract salary.

b.     If the leave is for one semester, the compensation shall be the unit member’s full regular contract teaching salary for one semester.

c.     Salary while on leave shall be paid monthly during the fiscal year in the same manner as unit members are paid.

d.     The District shall not pay travel costs or salary or provide remuneration other than the Sabbatical Leave salary during the period of the leave. Exceptions will be considered by the Board upon the recommendation of the Chancellor.

6.     Accountability

A Report of Completion must be completed upon return to regular employment. During the first semester after return, each recipient must file a comprehensive written report of the Sabbatical Leave. This report must make specific evaluation of the leave in terms of each of the purposes stated in the original application. The report must identify as clearly as possible the benefits to students of the District that have accrued from the Sabbatical Leave.

7.     Incomplete Sabbatical Leave

If the program for Sabbatical Leave is interrupted because of serious accident or illness which makes it impossible to fulfill the purpose(s) of the Sabbatical Leave, such event will not be construed as a failure to fulfill the conditions under which the leave was granted; nor shall such interruption affect the amount of compensation to be paid the unit member under the terms of the leave agreement, provided, however, that the District shall have been notified by registered mail within thirty (30) days of the time of the accident or the onset of illness.

 

Article 19: Reimbursements

Article 19: Reimbursements

A.     Mileage reimbursement to members of the bargaining unit is granted only when members of the bargaining unit must use their personal vehicles in connection with their assignments and in performance of their duties. If the bargaining unit member reports to a work site other than his/her primary campus for performance of duties, the bargaining unit member may claim reimbursement for the distance between his/her primary campus and the worksite.

B.     Mileage reimbursement shall be made at the prevailing State Chancellor’s Office rate as verified by District every August. Reimbursement shall be granted only after presentation of an appropriate claim to the responsibility center manager. Reimbursement shall be paid within thirty (30) calendar days after receipt in accounting and if properly completed, and shall be in accordance with Board Policy.

C.     Faculty members on the academic salary schedule shall be eligible for 80% tuition cost reimbursement for courses completed which pertain to their academic position. However, no tuition cost paid by the District is to exceed the per unit basis cost of similar coursework at the University of California at Riverside. Only full-time faculty employees are eligible for this benefit. All courses for which a faculty member seeks tuition reimbursement must have prior approval by their manager and the Chancellor of the District. If the request is denied by the manager, it may be appealed to the President of the college. Faculty may not seek both reimbursement for a course and salary advancement. This section is intended to provide the opportunity for faculty to take coursework that may not otherwise qualify for traditional coursework under salary advancement. Units in excess of 18 semester units per year will not be reimbursed.

Article 20: Safety Conditions of Employment

Article 20: Safety Conditions of Employment

A.     The District shall furnish a place of employment which is safe for members of the bargaining unit.

B.     The District shall not require any member of the bargaining unit to be in a place of employment which is not safe. No member of the bargaining unit shall leave the member’s workstation without authorization of the member’s immediate supervisor unless there is clearly an emergency. If a unit member does leave his/her work station because of an emergency, he/she will notify promptly his/her immediate supervisor or the College President or his/her designee.

C.     Members of the bargaining unit have a responsibility to advise the District immediately of any condition which a reasonable person would consider unsafe.

D.     An employee may, when necessary, use reasonable force in the performance of his/her duties in the interests of self-protection. Such force must not exceed that which is needed to repel or protect from bodily injury. An employee also may take reasonable action for the protection of others and for the protection of the District, student or employee property. Under such circumstances, an employee must exercise mature judgment and must act and react in a reasonable and prudent manner. This provision should not be construed as a requirement that an employee must place himself in immediate danger of serious bodily injury in order to protect another individual or property.

E.   1.     Reimbursement to employees for any verified loss, damage or destruction of personal property suffered while performing services for the District shall be made only if the value is more than $25.00 and the employee took all reasonable steps to protect such personal property. The maximum reimbursement for any one item is $300.00.

a.     The maximum reimbursement for any vehicle damage shall be $250.00. Reimbursement for vehicle damage is strictly limited to actual use during and within the scope of employment or when the employee’s vehicle is parked in a District parking area which is approved for unit members (and where a parking permit is required) and where the employee has no other reasonable method of transportation to and from his/her assigned job location. Reimbursement for vehicle damage also is strictly limited to day and evening hours when the employee is required to be at his/her job location.

b.     The total reimbursement for all loss, damage or destruction of personal property for all employees and/or all incidents under these provisions shall not exceed $5,000.00 in any fiscal year.   This total reimbursement, however, shall not apply to personal property under provision E 3 which requires prior written approval.

2.    A written request for reimbursement must be filed by the employee within twenty (20) regularly scheduled workdays of the incident with the District Business Office. The District Business Office shall conduct such investigation as may be necessary. The burden of proof in all cases is with the employee seeking reimbursement.

3.     Reimbursement for verified loss, damage or destruction of personal property suffered while performing services for the District is provided only when written approval for the use of the personal property in the school was given by the President before use while performing services for the District. All such prior approval shall be in writing. Exceptions to such prior approval shall be vehicles, women’s purses, eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee. The employee must take reasonable steps to protect all personal property. The President or Chancellor may cancel the approval at any time upon written notice to the employee. After such cancellation is sent by the President or Chancellor and received by the employee, the previous approval will terminate in (2) two scheduled workdays.

4.     If an employee receives any payment from an insurance carrier for any loss, damage or destruction for which the District gave reimbursement, the employee shall repay the District if such payment from an insurance carrier covers the same loss, damage or destruction covered by the District. The District shall, in addition, have all rights of subrogation; and the employee shall execute all assignments and other documents and cooperate and perform all other acts as required by the District in pursuing such rights of subrogation. If receipt of any payment from an insurance carrier would terminate the employee’s insurance policy, and the employee would be refused similar or like insurance coverage from similar or like insurance companies, this provision shall not apply.

5.     This provision should not be construed as a restriction regarding an employee bringing personal property on District property at the employee’s own risk.

6.     The District will reimburse for the actual value of the lost, damaged or destroyed personal property. Reimbursement may be made on the basis of repair cost if it is economical, feasible and not greater than the actual value.

F.     The District shall provide general liability insurance for employees to cover the duties of employees within the scope of their employment and District-approved activities. If the District changes this general liability insurance, it will notify the Association President about change in coverage.

G.     The District shall allow for Association representation on any District-wide committee or any college-wide committee appointed by the Board or Chancellor or College President for the purpose of developing and promulgating safety rules or safety programs which may significantly affect unit members.

H.     In the event that a District administrator knows through appropriate documentation that a student may pose a serious threat to the safety of employees or other students, the District shall notify the unit member who has direct supervision over such a student about the possible safety threat.

I.     If an employee is required to work at a job location on a college campus which is isolated from other employees, which is not in an office or room which can be secured or locked, and which may reasonably be considered unsafe, the employee may apply to the District Safety Committee for an appropriate communication device. For purposes of this provision, the term “isolated” shall mean sufficiently remote to prevent oral communications with another employee. The decision of the District Safety Committee shall be final.

J.     No unit member shall be required to provide specialized health care service unless such specialized health care service is within the scope of the unit member’s employment.

Article 21: Reduction in Force

Article 21: Reduction in Force

A.     This Article is entered into in accordance with the Educational Employment Relations Act.

B.     In the event the District determines pursuant to applicable current law that regular (permanent) and/or contract (probationary) unit members shall be subject to layoff, the District shall give notice to the Association within ten (10) calendar days after the preliminary notice to unit members.

C.     Once the determination to lay off regular (permanent) and contract (probationary) unit members has been made by the District and the preliminary notice has been sent to the unit members pursuant to applicable Sections of the Education Code, the Association may request information legally required and incident to those unit members receiving the preliminary notice.

D.     Notices of lay off shall be given pursuant to applicable Education Code Sections.

E.     Benefits for unit member(s) who are laid off pursuant to this Article:

1.     Once a unit member’s employment is terminated pursuant to this Article, he/she shall be eligible for health benefits as set forth in the Agreement through August 30 of the calendar year in which the unit member is laid off, paid by the District at the same District contribution rate in effect immediately prior to the date the unit member was laid off.

2.     The laid-off employee(s), for a period not to exceed six (6) additional months, shall have the option to remain an active participant in the District health benefits program as set forth in the Health and Welfare Benefits provision of the Agreement unless:

(a) the employee fails to pay the full cost of any and all premiums through payment at least one month in advance of the month of coverage, or

(b) there is a break in the laid-off employee’s participation in the health benefits program any time immediately prior to the layoff and for a period of six (6) months following the date of the layoff and for a period of six (6) months following the date of the layoff or severance from employment, or

(c) the laid-off employee fails to remain eligible for the health benefits, or

(d) the laid-off employee becomes eligible for medical benefits through another employer.

F.     Regular (permanent) academic employees who are laid off shall be granted all rights under Section 87744 of the Education Code as may be amended or current and applicable statutory law:

1.     For the period of thirty-nine (39) months from the date of layoff, any permanent employee shall have a preferred right to reemployment in the order of original employment determined by the District in accordance with law.

2.     Employees who wish to take advantage of the preferred right to reemployment shall keep the Human Resources Office apprised in writing of their current mailing address(es), and of any changes in their academic qualifications.

3.     When actual vacancies occur, the District shall notify by the order of original employment as earlier determined the laid off employee(s) who holds the proper minimum qualifications required by the vacancy. This notice shall be sent by certified mail to the employee’s current mailing address on file with the Human Resources Office. The notified employee shall notify the District in writing of his/her acceptance within ten (10) calendar days of mailing by the District. Failure to do so shall mean that the employee has waived his/her reappointment right to any vacancy stated in the notice from the District.

4.     The right to reappointment may be waived by an employee for not more than one (1) school year, but such waiver shall not deprive the employee of his/her right to subsequent offers of reappointment.

5.     As to any such employee who is reappointed, the period of the absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service; he/she shall retain the classification and order of employment he/she had when his/her services were terminated; any credit for prior service under any state or district retirement system shall not be affected by such termination, but the period of the absence shall be counted as a part of the service required for retirement.

6.     During the period of the preferred right to reappointment, any such employee shall, in the order of original employment, be offered prior opportunity for temporary service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that his/her services may be terminated upon the return to duty of said other employee, that the compensation he/she receives shall not be less than the amount he/she would receive if he/she were being reappointed, and that said temporary service shall not affect the retention of his/her previous classification and rights.

7.     This Article shall not be interpreted to give laid-off employees additional rights beyond those required by law, or deny any rights guaranteed by law.

G.     Contract (probationary) academic employees who are laid off shall be granted all rights under Section 87745 of the Education Code as may be amended or current and applicable statutory law.

1.     For the period of twenty-four (24) months from the date of layoff, any probationary employee shall have a preferred right to reemployment in the order of original employment as determined by the District in accordance with law.

2.     Employees who wish to take advantage of the preferred right to reemployment shall keep the Human Resources Office apprised in writing of their current mailing address(es), and of any changes in their academic qualifications.

3.     When actual vacancies occur, the District shall notify by the order of original employment as earlier determined the laid off employee(s) who holds the proper minimum qualifications required by the vacancy.  This notice shall be sent by certified mail to the employee’s current mailing address on file with the Human Resources Office. The notified employee shall notify the District in writing of his/her acceptance within ten (10) calendar days of mailing by the District. Failure to do so shall mean that the employee has waived his/her reappointment right to any vacancy stated in the notice from the District.

4.     As to any such employee who is reappointed, the period of the absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service; he/she shall retain the classification and order of employment he/she had when his/her services were terminated; and credit for prior service under any state or district retirement system shall not be affected by such termination; provided, however, that the period of the absence shall not be counted as part of the service required for attaining permanent status in the District or for retirement purposes.

5.     During the period of the preferred right to reappointment, any such employee shall, in the order of original employment, and subject to the rights of permanent employees, be offered prior opportunity for temporary service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that his/her services may be terminated upon the return to duty of such other employee, that such temporary service shall not affect the retention of his/her previous classification and rights, and that such an employee shall be given a priority over other employees.

6.     This Article shall not be interpreted to give laid-off employees additional rights beyond those required by law, or deny any rights guaranteed by law.

H.     Unit members who receive final notices of layoff pursuant to applicable Sections of the Education Code may utilize the two paid days of leave for “personal business” pursuant to and consistent with Article 18 G.5.e. for the purpose of attending bona fide job interviews with prospective employers.

I.     Faculty Service Areas for Regular (Permanent) and Contract (Probationary) Faculty Member.

1.     Faculty Service Areas have been established pursuant to Section 87743.2 of the Education Code and are enumerated in Appendix C of this Agreement. Faculty Service Areas may be added, deleted or modified at any time by mutual agreement of the District and the Association.

2.     District Competency Criteria have been established pursuant to Education Code Section 87743.5. The Association and District agree that the criteria are the minimum qualifications adopted by the Board of Governors pursuant to Education Code Section 87356 or service in the Faculty Service Area in the District.

3.     Each contract (probationary) faculty member shall qualify for one or more faculty service areas at the time of initial employment. A faculty member shall be eligible for qualification in any faculty service area in which the faculty member has met minimum qualifications pursuant to Section 87356 as well as District competency standards.

4.     After initial employment, a faculty member may apply to the District to add faculty service areas for which the faculty member qualifies. The application shall be received by the District on or before January 15 in order to be considered in any proceeding pursuant to Section 87743 during the academic year in which the application is received.

5.     In order to facilitate the FSA appeals process, a District-wide FSA Oversight Committee shall be permanently established. This Committee shall consist of five faculty members, three from San Bernardino Valley College and two from Crafton Hills College. All members shall be affiliated with and appointed by the Association. Contract or regular faculty members who apply for, and are denied entry into, specific Faculty Service Areas shall have the right to seek redress by following the steps outlined below.

a.     A contract or regular faculty member who believes that he/she has been wrongly denied an FSA for which he/she is qualified shall first seek clarification from the Human Resources Office.

b.     If unsatisfied by the explanation provided by the Human Resources Office, the faculty member shall notify the Chief Instructional Officer at his/her college. The CIO and a member of the Oversight Committee shall meet to review the case and consult, as needed, with representatives from the relevant discipline(s). A determination shall be made by the CIO and the member of the Oversight Committee. If favorable, the ruling shall be passed onto the full Oversight Committee for its approval. If the Committee approves, the recommendation shall be forwarded to the Human Resources Office, and the FSA(s) shall be granted to the faculty member who initiated the appeal. If unfavorable, the ruling shall be reported and explained to the appealing faculty member.

c.     Should the appealing faculty member remain unsatisfied, he/she shall ask the Oversight Committee to review the case. The Committee, after seeking whatever consultation is deemed necessary, shall make a final ruling on the appeal and notify the faculty member of its decision. A favorable ruling shall be forwarded to the Human Resources Office, and the FSA(s) in question shall be granted.

d.     The entire appeals process described in a-c above shall be completed within twenty working days.

e.     If the appealing faculty member remains unsatisfied, he/she may request the Association to process the denial of an FSA as a grievance at Step 3 according to Article 9 of this Agreement.

J.     Application and Interpretation of This Article

1.     The provisions of this Article do not apply to unit members who are not subject to layoffs under Education Code Section 87743.

2.     The provisions of this Article shall be interpreted as full settlement of all negotiations on the matter of unit member layoffs, reemployment and the impacts and effects of those matters. The Association hereby clearly and unequivocally waives its rights to meet and negotiate all those matters during the term of this Agreement.

3.     With the exception of provisions B, E, F, G and H no provision or provisions of this Article shall be grievable or arbitrable.

4.     Laid-off employees shall not be considered as members of the bargaining unit for any reason.

Article 22: Early Retirement and Pre-Retirement Reduced Workload

Article 22: Early Retirement and Pre-Retirement Reduced Workload

A.     Pre-Retirement Reduction to Part-Time Employment Status Plan

1.     Each full-time faculty employee who meets the requirements of this article may reduce his or her contract from full-time to percent of contract while maintaining his or her retirement benefits pursuant to Education Code Sections 22713 and 87483 or Government Code Section 20900.

B.     To be eligible for a pre-retirement in contract under this article the faculty employee must have:

1.     Reached the age of 55 prior to the reduction in contract;

2.     Been employed full-time in a faculty position requiring membership in an appropriate California state retirement system for at least ten years;

3.     Have served five years in the District immediately preceding the reduction in full-time employment without a break in service, with the final three years (of these immediately preceding five years of full-time employment) in a faculty position. For purposes of this section, an approved leave of absence shall not constitute a break in service. However, an unpaid leave of absence shall not count towards the five years of full-time service required by this section.

C.     This article shall be applicable only to faculty employees who request reduction in contract and meet the established criteria. The Reduced Workload Program shall become effective at the beginning of the college year.

D.     The maximum period during which a faculty employee’s contract may be reduced under this article shall not exceed ten (10) years for a faculty employee enrolled in STRS or five (5) years for a faculty employee enrolled in PERS. At the conclusion of the period during which a faculty employee’s contract is reduced under this article, the faculty employee shall retire unless, during the first year of the reduction in contract under this article, the faculty employee submits a written request to return to full-time employment at the beginning on the next academic year and shall reimburse the District for STRS contribution made by the District. This reimbursement shall only include that portion of employer contribution for the reduction in contract.

E.     A faculty employee whose contract has been reduced under this article shall retain all paid benefits as if he or she were a full-time faculty employee, and shall receive the pro-rata share of the salary he or she would have earned had he or she continued full-time. In addition, the employee shall retain, on a pro-rata basis, all other rights and benefits of regular faculty employees, except the right to receive a professional development leave.

F.     A faculty employee whose contract has been reduced under this article shall fulfill the appropriate pro-rata share of the faculty duties that would have been required had the employee continued as a full-time employee.

G.     In compliance with Education Code Section 22713 and Government Code Section 20900, as appropriate, a faculty employee whose contract has been reduced under this article shall contribute to the appropriate retirement system by payroll deduction the amount he or she would have contributed had he or she continued full-time. The District shall contribute to the appropriate retirement system the amount required by law.

H.     To initiate the provisions of this article, a faculty employee shall follow the procedures described below in the college year preceding the reduction in contract;

1.     Meet with the immediate supervisor or appropriate administrator by January 15, or first instructional day according to the academic calendar, to determine through mutual agreement the schedule by which the reduced contract shall be fulfilled.

2.     File a written request with the President or designee by March 1. The written request shall specify:

a.     That the request is pursuant to this article;

b.     The reduced contract the employee desires under this article, provided it is not less than one-half of a full-load and;

c.     The number of years during which the faculty employee wishes his or her contract to be reduced under this article, provided the number of years do not exceed 10 (ten) for faculty employees enrolled in STRS or 5 (five) for faculty employees enrolled in PERS.

If the employee’s request is granted, it shall take effect at the beginning of the next college year; remain in effect for the duration specified and be revoked only with the mutual consent of the faculty employee and the District.

I.     A faculty employee whose workload has been reduced under this article may request to change the percentage of reduction in contract by following the provision and submitting a written request to the President or designee specifying the revised reduction. If the employee’s request is granted, it shall take effect at the beginning of the next college year.

J.     Notwithstanding Section H, the District may, after consultation with the faculty assign reduced load in such a manner as to meet the program or staffing needs of the District.

K.     Nothing in this article shall prohibit a faculty employee from requesting a reduction in contract outside of the provisions of this article or prohibit the District from granting such a request.

Article 23: Benefits for Employees Who Retire During Term of this Agreement

Article 23: Benefits for Employees Who Retire During the Term of this Agreement

A.     The District will provide the following benefits for employees who retire during the term of this Agreement with such benefits continuing only for the term of this Agreement:

1.     If a bargaining unit member actually retires from the District and is on retirement with the State Teachers Retirement System, such bargaining unit member shall have the option to remain an active participant in the District health benefits program, except for dental, vision, and life insurance plans, as set forth in the Health and Welfare benefits provision of the Agreement until age 65, subject to all of the following conditions:

a.     The retired bargaining unit member attained the age of 60 before the retirement unless such retirement was a disability retirement.

b.     The bargaining unit member completed a minimum of ten (10) years of service with the District prior to retirement unless such retirement was a disability retirement which requires a minimum of five (5) years of service prior to disability retirement.

c.     The bargaining unit member must have been an employee of the District immediately preceding retirement with the State Teachers Retirement System.

d.     The District shall pay the costs of such participation by the bargaining unit member pursuant to and consistent with the Health and Welfare benefits provision of the Agreement except for dental, vision, and life insurance plans.

2.     Pursuant to and consistent with applicable law, such as Education Code Section 7000-7003, once a bargaining unit member is retired from the District, he/she shall have the option to remain an active participant in the District health and dental care benefit program as set forth in the Health and Welfare benefits provision of the Agreement unless:

a.     The retired bargaining unit member fails to pay the full cost of all premiums for retired employees through payment at least one month in advance of the month of coverage, or

b.     The retired bargaining unit member becomes eligible for such benefits through another employer.

Article 24: Miscellaneous Provisions

Article 24: Miscellaneous Provisions

A.     This Agreement shall supersede any policies and practices of the District which are inconsistent with the specific and express terms of this Agreement.

B.     The specific and express terms of this Agreement shall not be implemented by the District in a manner which is arbitrary or capricious.

C.     The District shall pay rental fee for academic garb for graduation or any other college function requiring such garb. However, the District will charge individual unit members the full rental fee if unit member fails to attend any mandated college function requiring the use of the academic garb.

D.     The Association recognizes the power and authority of the District to maintain the efficiency of District operations, determine budgetary allocation, and build, move or modify facilities.

The Association recognizes the powers and authority of the District to determine the kinds and levels of services to be provided, and the methods and means of providing them, determine staffing patterns, determine the number and kinds of personnel required and maintain the efficiency of District operations. The District recognizes that support should be given to bargaining unit members in terms of necessary clerical assistance and laboratory aides.

Article 25: No Concerted Refusals to Work

Article 25: No Concerted Refusals to Work

A.     It is agreed and understood that there will be no strike, work stoppage, slow-down, refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the District by the Association or by its officers, agents, or members during the term of this Agreement, including compliance with the request of other employee or labor organizations to engage in such activity.

B.     The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing all employees to do so. In the event of a strike, work stoppage, slow-down, refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the District by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action.

C.     It is agreed and understood that any employee violating this Article may be subject to discipline up to and including termination by the District.

D.     In the event of any concerted refusal to work, the District has the right to suspend or modify any provision of this Agreement concerning leaves of absence with regard to those employees who participate in the concerted refusal to work.

E.     During the term of this Agreement the District will not lock out employees in the bargaining unit.

 

Article 26: Effect of Agreement

Article 26: Effect of Agreement

A.     The District and the Association mutually agree that the terms and conditions set forth in the Articles and provisions of this Agreement represent the full and complete understanding and commitment between the parties which may not be altered, changed, added to, deleted from or modified unless by mutual consent in writing or by a procedure expressly allowing same stated in this Agreement.

B.     The District and the Association mutually agree that this Agreement shall be in full settlement of all issues which were the subject of meeting and negotiating. It is further agreed that none of such issues shall be subject to meeting and negotiating during the terms of this Agreement unless by mutual consent in writing or by a procedure expressly allowing same stated in this Agreement. During the term of this Agreement, the District has the right to act on any matter not addressed in this Agreement as long as that action is not in violation of this Agreement.

C.     The District and the Association hereby clearly and unequivocally waive their rights to meet and negotiate during the term of this Agreement unless otherwise expressly stated in this Agreement

Article 27: Statutory Changes

Article 27: Statutory Changes

A.     If there is a change in a state or federal statute after the ratification of this Agreement which results in direct conflict with any specific and express term of this Agreement, either party may demand to negotiate a replacement.

Article 28: Savings

Article 28: Savings

A.     If any provision of this Agreement is held to be contrary to law by a court of competent jurisdiction, said provision shall be deleted from the Agreement, but all other provisions shall continue in full force and effect for the duration of this Agreement. Upon the demand by either party, the parties will meet and negotiate over a replacement provision for the deleted provision.

Article 29: Duration of Agreement

Article 29: Duration of Agreement

A.     This Agreement shall remain in full force and effect for three years beginning July 1, 2014 through June 30, 2017. The District and the Association shall reopen Articles 10 – Wages and Related Appendices in accordance with Article 10-C of this Memorandum of Understanding and Article 13 – Workload in accordance with Article 13-A of this Memorandum of Understanding in addition to Article 11 – Health and Welfare Benefits in each year of the Agreement. The Association and/or the District may elect to open one (1) additional article each year.

This Agreement has been ratified by the Association on: April 28, 2015

(click image to see in full size)

 

 

 

This Agreement has been ratified by the Board on: ________, 2016

For the Board:                                                                                                      

John Longville, Board President

San Bernardino Community College District Teachers Association

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