AGREEMENT BETWEEN

BALDWIN PARK UNIFIED SCHOOL DISTRICT and the ADULT AND COMMUNITY EDUCATION TEACHERS ASSOCIATION OF BALDWIN PARK

FOR THE PERIOD July 1, 2008 2013 through June 30, 2011 2016

TABLE OF CONTENTS

Page Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Term of Agreement ................................................................................................. Recognition ............................................................................................................. Definitions ............................................................................................................... District Retained Rights........................................................................................... Association Rights................................................................................................... Maintenance of Membership ................................................................................... Total Compensation ................................................................................................ Staffing .................................................................................................................... Hours and Duties .................................................................................................... Evaluation Procedures ............................................................................................ Leave Provisions ..................................................................................................... Holidays and Vacation ............................................................................................ Abandonment of Position ........................................................................................ Mentor Teaching Program ...................................................................................... Grievance Procedure .............................................................................................. Non-Discrimination .................................................................................................. Negotiation Procedures........................................................................................... Safety Conditions ................................................................................................... Work Stoppage and/or Concerted Activities ........................................................... Employee Discipline Other Than Termination......................................................... Savings ................................................................................................................... Entire Agreement .................................................................................................... APPENDIX A, Adult School Salary Schedule and Fringe Benefits ......................... 1 2 3 5 7 9 11 12 13 14 16 26 27 28 30 33 34 35 36 37 39 40 41

ARTICLE I TERM OF AGREEMENT THIS AGREEMENT made and entered into this day of , 2008 2013 , by and between the BALDWIN PARK UNIFIED SCHOOL DISTRICT, whose address is 3699 North Holly Avenue, Baldwin Park, California 91706, hereinafter referred to as the District, and the ADULT AND COMMUNITY EDUCATION TEACHERS ASSOCIATION OF BALDWIN PARK, whose mailing address is 4640 North Maine Avenue, Baldwin Park, California 91706, hereinafter referred to as the Association, is entered into pursuant to Chapter 10.7, Section 3540-3549, of the Government Code. This Agreement shall be in force and effect from July 1, 2008 up to and including June 30, 2011. RECOMMENDED

Mark Steimle Adult and Community Education Teachers Association of Baldwin Park

Froilan N. Mendoza, Associate Superintendent, Human Resources Baldwin Park Unified School District

Ross Thompson Adult and Community Education Teachers Association of Baldwin Park Dated

John D. Kerr, Senior Director of Adult and Community Education

Dated

APPROVED AND RATIFIED

Susan M. Coulter, President Adult and Community Education Teachers Association of Baldwin Park Dated

Jack B. White, President Board of Education Baldwin Park Unified School District Dated

ARTICLE II RECOGNITION The District recognizes the Association as the exclusive representative for the following unit of certificated employees: All adult education teachers working more than ten hours per week All adult education teachers on special assignment working more than ten hours a week The unit excludes all other positions not specifically enumerated above. Exclusions include but are not limited to: Superintendent of schools Deputy superintendent Associate superintendent Assistant superintendent--human resources Assistant superintendent--student achievement Senior director of adult and community education Senior director of student achievement Director of arts and media Director of human resources and professional development Director of student achievement Director of student support services School principals Adult and community education assistant director Assistant principals Coordinator of special education Health services supervisor Adult school vice principals K-6 literacy specialist Professional development/beginning teacher support and assessment specialist Special education specialists School psychologists Administrator of student services, adult school Adult school administrator of technology support services Day-to-day substitute teachers All counselors All teachers working ten hours and less per week in the Adult School program The bargaining unit may be expanded or reduced by mutual agreement between the District and the Association subject to PERB rules and regulations.

ARTICLE III DEFINITIONS A. B. A unit member as used in this Agreement refers to a certificated employee in the representation unit recognized in Article II. A long-term substitute teacher shall, for the purposes of this Agreement, be defined as a person hired by the District with a letter of agreement to serve a semester or more as a substitute for a specific regular unit member. (Substitute teachers initially assigned on a day-to-day basis and who become eligible to be paid on the Adult School Teachers Salary Schedule because they serve twenty-two or more days in succession in the same assignment are not recognized as unit members and are not provided for in this Agreement.) For purposes of this Agreement: Full-time adult school teacher - one who is assigned to work at least 24 hours per week. New temporary - any teacher in their first two years of employment in which the unit member is working less than 24 hours per week. Temporary - any teacher working less than 24 hours per week after successfully completing two years of employment. Probationary - any teacher in their first two years of employment in which the unit member is teaching at least 24 or more hours per week for at least 75% of the school year. Tenured - a teacher who has begun teaching their third successive year, teaching 24 or more hours per week for at least 75% of the year in the Baldwin Park Adult and Community Education program. A teacher is tenured at the number of hours equal to the average number of hours worked in the two years prior to the one in which tenure was obtained. This level of tenure remains unchanged for the duration of the unit members uninterrupted employment with the adult education program. Should a tenured unit member resign or request that his hours be reduced below 24 hours a week, he forfeits his tenure. If hired back and/or he seeks to increase hours worked above 24 hours a week, he shall be treated as any other temporary employee seeking such an increase and/or employment. School year - for teacher classification purposes, a school year consists of the regular instructional year excluding summer school sessions and community fee-based classes.
Martha J Maldonado 3/7/13 1:06 PM

C.

D.

Seniority shall be based on the first day of obtaining tenure as an adult education teacher in Baldwin Park. In the event of a tie, the seniority shall be based on the number of years of employment as an adult education teacher in the District prior to obtaining tenure (date of hire). Reasons that allow the District to deviate from seniority when laying off teachers shall be per Education Code Section 44955(d).

Comment [1]: Including summer school

E. F.

Personal pronouns herein are for language convenience and do not necessarily reflect gender. It is agreed that in order for the District to effectively operate programs and adjust staff to meet instructional and program needs, there are factors that may require the District to operate outside seniority restrictions.

Reasons that would allow the District to retain a unit member out of seniority sequence to serve the needs of the District programs, budget, and/or student needs include the following kinds of factors: Credential authorization and status - has training been kept current. Special skills, current training - continued and updated education, bilingual skills, language skills, technology/teaching. Evaluations - most recent three years evaluations; work record - have there been concerns Work record - attendance record; punctuality; level of responsibility. Program needs - who can best serve the needs of the District. If skills, competency, or knowledge are being challenged, unit members may demonstrate their abilities to perform said skills, competency, or knowledge to a panel of four, selected for their expertise. Two members shall be selected by the District and two members by the Association. Majority vote of the panel is the final deciding factor. Teachers will be reassigned to fit the Districts instructional needs within their credential authorizations prior to being laid off. Any employee laid off for reduction of program and/or funds shall retain his reemployment rights according to Education Code Section 44956.

ARTICLE IV DISTRICT RETAINED RIGHTS A. This Article is intended to insure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed, as (1) expanding the rights of the District beyond statutory and constitutional limits; (2) waiving the rights of individual unit members under the Education Code or other statues or constitutions; or (3) waiving or otherwise diminishing the rights of the Association or of unit members as set forth in other Articles of this Agreement. If there is a direct conflict between the retained rights of this Article and the rights of unit members or the Association as set forth in the specific language of some other Article of this Agreement, the language of the latter shall prevail. Subject to the foregoing qualifications, it is agreed that all matters which are not enumerated as within the scope of negotiation in Government Code Section 3543.2, and also all powers and rights which are not limited by the terms of other Articles of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the exclusive right to determine: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. The legal, operational, geographical, and organizational structure of the District; The financial structure of the District; The acquisition, disposition, number, location, types of utilization of all District properties, whether owned, leased, or otherwise controlled; The kinds, levels, means, and methods of services to be provided and the methods and means of providing those services including entering into contracts with private vendors for services; The utilization of personnel not covered by this Agreement; The educational policies, procedures, objectives, goals, and programs of the District; The right to hire, classify, transfer, assign, evaluate, promote, demote, terminate, and discipline employees of the District; The job classifications and the content and qualifications therein; The duties and standards of performance for all employees and the determination as to whether any employee adequately performs such duties and meets such standards; The times and hours of operation of the District; Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies, and equipment including the various rules and duties for all personnel with respect to such matters; The rules, regulations, and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement; The retirement of employees for reason of disability; The termination or layoff (consistent with law) of employees of the District.

It is understood that the right to determine as used herein includes the right to establish, modify and discontinue, in whole or in part, temporarily or permanently, any of the above matters. All other rights of management not expressly limited by the clear and explicit language of this Agreement are expressly reserved to the District. The above-mentioned rights of the District are listed by way of example rather than limitation, and the provisions of this Agreement constitute the only contractual limitations upon the Districts rights. The exercise of any right reserved to the District herein in a particular manner, or the non-exercise of any such right, shall be deemed a waiver of the Districts right or preclude the District from exercising the right in a different manner. B. The exercise of the foregoing 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 hereof are in conformance with law.

C.

Any dispute arising out of or in any way connected with the existence of any of the abovedescribed rights of the District is not subject to the grievance provisions set forth in Article XV unless the dispute is otherwise grievable under another Article of the Agreement.

ARTICLE V ASSOCIATION RIGHTS A. It is understood and agreed that the Association retains all rights as sole representative of all of the bargaining unit to meet and negotiate with the District on all matters determined to be within the scope of negotiations. Also recognized is the right and obligation of the Association to monitor and enforce the provisions of this Agreement. The Association may utilize District facilities for meeting purposes, subject to the provisions of the Civic Center Act, provided that this shall not interfere with nor interrupt normal school operations. Authorized representatives of the Association shall have the right of reasonable access, in accordance with the conditions noted herein, to District facilities in order to transact lawful official Association business. Contacts by authorized representatives with unit members shall be limited to duty-free lunch periods and before and after class hours. Contacts shall not be made during times when unit members are assigned to classes and/or supervision of pupils or engaged in other ancillary duties. Immediately upon arriving at any work site or school site, the official Association representative shall report to the office of the site administrator, provide proper written identification, and verify the availability of the unit member to whom he wishes to speak. Official Association representatives who are not employees of the District shall not visit a campus unless prior notification of each visit is given to the appropriate Adult and Community Education Assistant Director and the Assistant Superintendent of Human Resources by the president of the Adult and Community Education Teachers Association of Baldwin Park or the presidents designee. The Association shall have the right to post notices of activities and matters of concern on bulletin board space provided by the District at each school in a work location frequented by unit members. Posted literature must be dated and must identify the person or organization responsible for its contents and a copy shall be forwarded to the Human Resources Office prior to posting. Information which is libelous or slanderous of the District or its personnel will not be posted. F. The Board and the Association agree to make available to each other, in response to reasonable requests, all public non-confidential information concerning their financial resources and all nonconfidential research reports dealing with items which are of mutual concern and advantage to the Association and the District. The District shall provide the Association with two (2) copies of the complete public Board of Education agenda prior to each meeting. G. During the first week of school, two copies of a tentative list of teacher assignments shall be provided to the Association by the Adult and Community Education administrator and revisions will be provided quarterly. Present board personnel policies (currently series 4000), which relate to unit members, will not be changed unless the Association is provided a copy of the Board of Education agenda or otherwise notified in writing at least ten (10) days prior to the final adoption of a policy change. Nothing contained herein shall preclude the Governing Board from changing any of its policies without prior notification to the Association should an emergency exist. The president of the Association and the chairman of the Associations bargaining team (or their designees) may, at the request of either party, meet with the Superintendent and/or his designee and consult on those items which require consultation.

B. C.

D.

E.

H.

I.

J. K.

When planning activities at the District and site level, the District will take into consideration the fact that the Association holds meetings. The Association President and/or his designee shall be granted up to 225 hours of release time to attend to matters relating to the Association which the Superintendent or his designee determines to be mutually beneficial to the District and to the Association. Up to 80 additional hours may be arranged by mutual consent with the cost of substitutes to be equally split between the District and the Association. If it is mutually agreed that if more hours are necessary, the Association will assume the cost of substitutes. Such release time shall be requested in writing. In case of emergency the Superintendent may grant release time upon verbal request.

ARTICLE VI MAINTENANCE OF MEMBERSHIP A. Any unit member who is a member of the Association upon joint ratification of this Agreement, and any unit member who becomes a member after such date shall maintain his membership in the Association in good standing during the term of this Agreement or until such time he becomes ineligible for membership. All new unit members commencing with the 1999-2000 school year will be given a choice on the following three options: 1. 2. 3. Full membership in the Adult and Community Education Teachers Association of Baldwin Park Agency Fee payer representation fee Fair Share donation to charity per criteria in law*

B.

All unit members who were employed in the District prior to July 1999 are not affected by these options until ninety per cent (90%) of the unit members are participating in one of the listed options. C. Any unit member who is a member of the Association or who has applied for membership may sign and deliver to the District a written authorization for payroll deduction of unified membership dues in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the salary warrant of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after the commencement of the unit work year shall prorate payments for the remainder of the school year. When a unit member is required to select one of the three options listed in B above, he must do so within thirty (30) days of the start of employment or of the requirement taking effect. He may elect to pay in one lump sum in advance or may authorize payroll deductions in the same manner as in Section C above. The Association shall prorate annual CTA and NEA fees for members working less than a full contract. CTA and NEA dues are prorated according to hours of employment as follows: Assignment Hours CTA NEA 10-13 25% 50% 13.5-20 50% 50% 20.5-24 50% 100% 24.5-40 100% 100% ACETABP dues will not exceed an annual fee of $50.00 during the term of this Agreement. *Those unit members electing the option to donate to a charitable organization will get the st opportunity to select from one of the following on or before October 1 of each school year and notify the Association of their choice on a form provided them by the Association: 1. 2. 3. United Way City of Hope F.A.C.T. (Foundation to Assist California Teachers)

D.

Proof of payment shall be presented twice a year, in December and April of each year, to the District in the form of receipts, cancelled checks, or payroll deductions. If proof is not presented within thirty days, the District shall notify the Association and the Association shall notify the District of their obligation to initiate payroll deduction of the agency fee.

Donation to charity: No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations or hold this objection as a matter of conscience. This exemption shall not be granted unless and until such unit member has verified the specific circumstances in a meeting with the Association President and the District representative. E. Should a unit member take an unpaid leave of absence for a semester or more, his Association dues shall not be collected by the District during that period. During such leave, unit members who wish to maintain their membership in the Association must make arrangements with the Association to make cash payment of dues. When a unit member returns to paid status with the District, his dues/representation fee deductions shall resume as provided for in this Article. The District shall promptly remit to the California Teachers Association each month the Associations unified dues and representation fees collected by it. The District shall also send to the Association each month a copy of its Deductions Register, which shall reflect the Association dues and representation fees paid by payroll deduction. Neither the unit member nor the Association shall have any claim against the District for any deduction made unless a written claim of error is filed with the Assistant Superintendent of Personnel Services within thirty (30) calendar days after the date such deduction was, or should have been, made. G. The Association, CTA and/or NEA agrees to indemnify and hold harmless the District against any and all liabilities, claims, or actions which may be brought against said District or District Board of Education individually or collectively, its officers, employees, and agents. The Association agrees to pay to the District all reasonable legal fees and legal costs incurred by the District in defending against any court action and/or any administrative action before the Public Employment Relations Board challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation, and any damage award result therefrom. After consultation with the District, the Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in the above paragraph shall or shall not be compromised, resisted, defended, tried, or appealed. Any dispute as to reasonableness of legal fees and costs shall be determined by a court of competent jurisdiction. H. In addition, upon written authorization from a unit member, the District shall deduct from his monthly salary, and make appropriate remittance of such deductions, for annuities, credit union savings or payments, charitable donations, or for any other program approved by the Board of Education. The Association shall furnish all information in its possession which is needed by the District in order for it to fulfill its contractual obligations under this Article.

F.

I.

10

ARTICLE VII TOTAL COMPENSATION Total Compensation It is understood that a unit member shall receive hourly salary as listed in Appendix A in addition to prorated fringe allotment according to hours worked. It is understood that since a unit member is already being taxed for the amount of fringe benefit allocation, it gives unit members more flexibility to choose if maximum compensation dollars are channeled into salaries. Adult education assignments are based upon enrollment and attendance of voluntary students. attendance increases or decreases, so must staff assignments. As

Adult school unit members shall be employed on an hourly as needed basis. In the event that a class is to be closed during the initial three-week evaluation of enrollment, the Senior Director of Adult and Community Education or his designee will personally inform any instructor of the decision to close the class and the date/time of the final class meeting. After the initial three-week evaluation of enrollment, a formal written notification will be given to the instructor one week prior to the date/time of the termination of the class. It is the Districts philosophy to maintain all employees in the third quartile when comparing the District to other unified districts in Los Angeles County. The District shall make a good-faith effort to maintain that status. Salary The hourly rate of pay shall be set forth in Appendix A. Advancement in pay due to experience shall be contingent upon the unit member having provided service (actively working) to the District as an adult school teacher for not less than twenty (20) weeks during the preceding year. Teachers new to the District can transfer in Adult Education teaching experience credit up to four years if they have worked at least three hours a week for twenty weeks during a specific school year and provide written verification of such experience. Fringe Benefit Allocation The District will provide for each full-time (40 hours per week) unit member a yearly health and welfare benefit allocation. Unit members whose assignment is less than full-time and working more than ten hours a week shall receive health and welfare benefits as described by Government Code Section 53200 prorated in accordance with the number of hours and days as they relate to a full-time assignment (40 hours per week). The amount of the health and welfare benefit allocation shall be set forth in Appendix A. No unit member shall earn more than one full benefit from any combination of regular day school employment and adult school employment. The Association shall select a member who will serve on the District Fringe Benefits Committee. The contingencies for the use of the benefit allocation will be determined after examination of available programs and negotiations by carrier or carriers involved by the District and the Association. Same sex domestic partners as specified in California Family Code Section 297 shall be eligible for health benefits, subject to qualification requirements affecting other unit members and approval of the District health benefit providers. Health Insurance Benefits - Retired Employees Health insurance benefits currently offered to retired District employees are stated in District Administrative Regulations 4154, 4254, 4354.
Martha J Maldonado 3/7/13 1:33 PM
Comment [2]: Is this current?

11

ARTICLE VIII STAFFING CLASS SIZE The class size of an Adult School class shall be determined by the District. TRANSFERS For the purposes of this Article, a transfer is a relocation of a unit member between schools or other work locations which does not alter his number of hours and where responsibilities are covered by the same job description. Transfer is not to be confused with promotion, demotion, change in classification, or hours worked. A. A list of all vacancies shall be maintained by the Adult Education Office. When a position becomes available during the year, the Office will distribute notices of the opening. Such notices shall contain the job title, the qualifications required for the position, the number of hours, the filing deadline for the vacancy and, when practicable, the job site. Employees may file for transfer to a specific vacancy by submitting written request to the Adult Education Office. A written request shall remain valid until the end of the school year. Requests for transfer will be considered on the basis of the following criteria which are listed in order of priority. 1. 2. D. Qualifications and credentials of the employee compared to other applicants for the position. Length of service to the District within classification.

B. C.

Transfers of employees may be initiated by the District at any time whenever such transfer is in the best interest of the District, as defined by the District. An employee affected by such transfer shall be given notice as soon as administratively practicable.

VACANCIES Consideration will be given to all applications for a vacancy which are properly submitted. Applicants who are currently Adult Education employees will be given first consideration for such openings providing they possess appropriate teaching credentials and equal or better qualifications than any outside applicant; however, the final selection is within the sole discretion of the District.

12

ARTICLE IX HOURS AND DUTIES Hours Upon arrival at his worksite, the adult school unit member shall immediately sign in on a daily time sheet. Unit members shall be in their classrooms and prepared to teach at the scheduled time of class. They shall remain for the assigned teaching period and sign out upon the completion of the class period. Adult school unit members may be directed to attend in-service or orientation sessions beyond the one required faculty meeting per semester. This authorized additional non-instructional time shall be paid at a rate to be specified in Appendix A. It is agreed and understood that this extra compensation does not apply to obligations described in the section on Duties which appears herein nor in those situations where a unit member has received an unsatisfactory rating and is being required to participate in a program designed to improve the unit members competence. Any non-instructional time does not count toward advancement on the salary schedule. Scheduled breaks shall be provided in the following manner: Less than four hours Unit members teaching a class that lasts for less than four hours a day can be provided an uncompensated ten-minute break. Breaks during scheduled classes will be provided by scheduling the class to start ten minutes earlier or extend ten minutes later to fulfill the required class time and make up the time used for mid-class breaks if one is taken. Four hours Unit members teaching at least four consecutive hours a day are entitled to a paid ten-minute break. Insofar as practical, the break shall be taken in the middle of the four-hour work schedule. Six hours Unit members working six consecutive hours a day shall be scheduled to take an uncompensated 30minute meal break in addition to the ten-minute compensated break that will be provided. Eight-hour employee Unit members who work eight consecutive hours a day are entitled to two paid ten-minute breaks, one during the first four hours of work and one during the last four hours of work. They shall also be given an uncompensated 30-minute meal break. It should be scheduled insofar as practical during the middle of their eight-our shift. Rest breaks and meal breaks cannot be accumulated or combined. They are to be taken when earned. Duties It is agreed that all adult school unit members are responsible for instructional and other related duties. Examples of such duties are: attending required faculty and departmental meetings; open house and graduation; planning, selecting, and preparing materials for instruction; receiving and evaluating work of pupils; keeping and submitting required attendance records (student and teacher); serving on committees providing advice and service to the District; participating in District-approved professional activities relating to the teaching assignment; supervising teacher aides as assigned; and assuming responsibility for the proper use and control of District property, materials, supplies, and equipment, et cetera. Emergency Class Closure In the event instructors are not notified that their class is closed/cancelled for an emergency and they arrive on time for the scheduled class prepared to teach, they shall be paid for one hour of instructional service that day.
Martha J Maldonado 3/7/13 1:10 PM
Comment [3]: Not the practice.

13

ARTICLE X EVALUATION PROCEDURES A. The District retains sole responsibility for the evaluation and assessment of performance of each adult school unit member, subject only to the following procedural requirements. Should an adult school unit member believe an evaluation to be derogatory, the unit member will be given an opportunity to comment thereon as provided for by law. Accordingly, no grievance arising under this Article shall challenge the substantive objectives, standards, or criteria determined by the evaluator or District, nor shall the grievance contest the judgment of the evaluator; any grievances shall be limited to a claim that the following procedures have been violated. Evaluation and assessment of the performances of adult school unit members shall be made on a continuing basis, at least once every semester for probationary personnel, and at least once every other a year for all other unit members. Should a teacher be employed after the mid-point of the first semester of a school year, evaluation for that semester shall be at the option of the senior director. Adult school unit members with permanent or non-tenured status may will be evaluated yearly or more often if the District or the evaluator deems it appropriate. Reasons for evaluating permanent personnel more often than the minimum required could include but would not be limited to situations such as: a new assignment; unsatisfactory previous evaluations; the assignment of a new evaluator; a need to improve the instructional program; et cetera. C. Adult school unit members must will complete a Statement of Objectives Stull Performance worksheet as described and exemplified in the Adult Education Evaluation and Assessment Guide in conformance with the Adult Education Evaluation Calendar. It is the responsibility of the unit member to work with his evaluator in establishing mutually agreed upon objectives for a specified period of time. Within the timeline stated in the Adult Education Evaluation Calendar, each adult school unit member shall present to the senior director or evaluator proposed written objectives of expected student progress, learning environment and student control, and adjunct duties. These proposed objectives will be discussed and reviewed by the evaluator and the evaluatee and mutually agreed upon. If an adult school unit member cannot concur with his evaluator in the determination of objectives, he shall so advise the immediate supervisor of the evaluator, who shall then confer with both the evaluatee and the evaluator and make final determination. If both the senior director and the adult school unit member agree that unusual mitigating circumstances have changed the composition of the classes or otherwise substantially altered the environment upon which objectives were originally written, the objectives may be modified by means of an addendum. Adjustment may be made to the objectives of non-teaching adult school unit members if they and their evaluators agree that similar circumstances exist. Classroom observations may be, but shall not be required to be, arranged by the evaluator and the adult school unit member in advance of an observation. Evaluations need not be based solely upon formal classroom observations. Previous to the first Adult School--Summary Evaluation Report on probationary teachers, at least two formal observations and at least one follow-up conference will have taken place. The Evaluation Report may be presented during the second conference.

B.

D.

E.

F.

G.

H.

14

I.

The evaluator shall not base his evaluation of the quality of an adult school unit members classroom instructional program on information not collected through the established evaluation process exemplified in the Adult Education Evaluation and Assessment Guide. Negative evaluation of performance shall not be predicated upon information or material of a derogatory nature which has been received by the evaluator from sources such as other teachers, parents, and citizens unless the facts have been verified by the evaluator and discussed with the unit member. As provided for by law, an adult school unit member shall have the right to inspect materials in his personnel file excepting ratings, reports, and 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. The time taken for personnel file review shall be in addition to the unit members regular work day. The current edition of BPUSD Adult Education Evaluation and Assessment Guide 1995 2013 contains all the agreed-upon timelines, evaluation forms, and procedures that are to be followed.
Martha J Maldonado 3/7/13 1:14 PM
Comment [4]: Update or remove

J.

K.

15

ARTICLE XI LEAVE PROVISIONS The benefits which are expressly provided by this Article are the sole benefits which are part of this collective bargaining agreement, and it is agreed that other statutory or regulatory leave benefits are not incorporated, either directly or impliedly, into this Agreement, nor are such other benefits subject to the grievance procedure, Article XV. A. Illness or Injury Leave 1. An adult school unit member (hourly) shall be entitled to sick leave, accumulated without limitation based upon the following formula: Hours paid per week 40 X 8 = hours of sick leave earned per month Pay for any such earned sick leave shall be the same as the pay which would have been received had the unit member served during such period. Last earned sick leave shall be the first to be used. If any adult school unit member does not render service for an entire year, but has used all paid sick leave, the amount of compensation received for sick leave taken but unearned shall be repaid to the District and the District shall have the right to make any necessary adjustment in the last warrant. When, after the exhaustion of all paid leaves, an adult school unit member is absent from his duties because of illness or accident for a total period of five school months or less, including the period of fully paid leaves but excluding that portion of the annual unused sick leave, the amount deducted from the salary due the unit member for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employed to fill the members position during his absence, or, if no substitute was employed, the amount which would have been paid to the substitute had one been employed. If the District has reason to believe that the adult school unit member is or has been abusing the illness or injury leave contained in this Article, or if the member is absent for more than three (3) consecutive scheduled class meetings, the member may be required to present a medical doctors certificate verifying the times and dates of medical appointment(s), the nature of the illness or injury, and the anticipated length of absence and/or certifying the unit members ability to work on an unrestricted basis. The District reserves the right to have the member who is on such leave examined at District expense by a physician designated by the District, to assist in determining the unit members inability to perform duties and the degree to which the members inability is attributable to illness or injury. If the unit member who is assigned to work five (5) or more days per week is absent ten (10) consecutive working days or more or if the unit member who works less than five (5) days per week is absent two consecutive working weeks or more, because of illness or hospitalization, the Senior Director of Adult and Community Education will send the Medical Authorization for Return to Work form to the unit member who must have it filled out and signed by a physician and returned to the Human Resource Office before returning to work. If an adult school unit member who is assigned to teach a class which commences 5 p.m. or later is to be absent, he shall notify the Adult Education Office by 2 p.m. as soon as possible.

2.

3.

4.

5.

6.

7.

16

If an adult school unit member who is assigned to teach a class which commences before 5 p.m. is to be absent, he shall notify the Adult Education Office no less than two (2) hours prior to the starting time of the class. The procedure to be followed in such notification shall be provided the unit member by the District. Failure of the unit member to provide adequate notice under reasonable circumstances shall be grounds for loss of pay and/or other disciplinary action. 8. 9. A unit member who is absent as a result of illness or injury for any portion of a teaching period shall have deducted that portion of the period from his accumulated sick leave. A unit member who is absent shall not be allowed to return to work and shall be placed on leave without pay if he fails to notify the District of his intent to return to work at least two (2) hours prior to the conclusion of the unit members teaching period or two (2) hours before the close of the Adult Education Office, whichever is the earlier, if such failure to notify results in a substitute being secured or the class not being held. once a substitute is secured or the class has been cancelled. If the unit member is absent for reasons of illness and will convalesce at a location other than his residence, he shall provide the District with an emergency phone number and/or address where he may be reached. As soon as administratively practicable each year the District shall provide each unit member with a written statement of sick leave entitlement for the current school year and accrued sick leave total. After all available paid leaves have been exhausted, and the unit member is unable to resume duties of his position, the unit member shall either elect to resign, or request a leave of absence without pay. Upon notification of the right to elect either of the foregoing, the unit member shall, within ten (10) days thereof, make such election with the Assistant Superintendent of Human Resources. In the event the unit member fails to make the election, the District may summarily terminate the unit member without benefit of the provisions of Education Code Sections 44932-44935 et seq.
Martha J Maldonado 3/7/13 1:16 PM
Comment [6]: Is this current?

Martha J Maldonado 3/7/13 1:16 PM

Comment [5]: Better written

10.

11.

12.

B.

Industrial Accident and Illness Leave 1. An adult school unit member shall be entitled to a leave of absence for any accident or illness which the Districts industrial accident and illness insurance carrier or the Workers Compensation Appeals Board recognizes as a bona fide injury or illness arising out of and in the course of employment with the District. 2. Industrial accident or illness leave shall be without loss of pay for up to a maximum of sixty (60) working days in any fiscal year for any given industrial accident or illness. Industrial accident and illness leave not taken in a fiscal year shall not be accumulated from year to year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due him for the same illness or injury Industrial accident and illness leave shall commence on the first day of absence, and leave time shall be reduced by one day for each day of authorized absence, even if temporary disability indemnity is awarded. During such leave, the unit member shall endorse to the District the temporary disability indemnity checks received on account of his industrial accident or illness. The District in turn shall issue the unit member salary warrants for payment of the unit members salary and shall deduct retirement and other authorized deductions. If the unit member fails to endorse to the District any wage loss disability check as provided above, the District shall deduct from the unit members salary warrant the amount of such disability actually paid to and retained by the unit member, and if necessary, recover such funds through an appeal to a court of competent jurisdiction. 17

3.

4.

Any unit member receiving benefits under the provisions of Section B of this Article shall remain within the State of California unless the Board of Education authorizes travel outside the State. When entitlement for industrial accident leave has been exhausted, the unit member may elect to use any sick leave, vacation, or other paid leave to which he is entitled, provided that payment for any such paid leave when added to any temporary disability indemnity shall result in a payment to the unit member of not more than his full salary less appropriate deductions. After all available leaves have been exhausted, and the unit member is unable to resume duties of his position, the unit member shall either elect to resign or request a leave of absence without pay. Upon notification of the right to elect either of the foregoing, the unit member shall, within ten (10) days thereof, make such election with the Assistant Superintendent of Human Resources. In the event the unit member fails to make the election, the District may summarily terminate the unit member without benefit of the provisions of Education Code Sections 44932-44935 et seq. A unit member shall be permitted to return to work after an industrial accident or illness of less than three (3) days only upon presentation of a release from the treating physician certifying the unit members ability to return to work without restriction. If the unit member has experienced lost time of three (3) days or more because of such industrial accident or illness, the unit member shall present to Human Resources a Medical Authorization for Return to Work form completed by the treating physician and have a personal interview with the Assistant Superintendent of Human Resources or his assistant prior to returning to work. The District reserves the right to appoint a physician to give a second opinion on the unit members ability to assume full-time duties.

5.

6.

7.

C.

Personal Necessity Leave 1. An adult school unit member shall be entitled to use, during each school year, up to a maximum of 50% of his annually earned sick leave provided for in Part 1 of this Article for any of the following purposes: a. Death of a member of a unit members immediate family, as defined in Section E D of this Article, if leave is required in addition to that provided by Section E D of this Article. An accident involving a unit members property or the personal property of any member of the unit members immediate family, if the accident is serious in nature, involves circumstances the unit member cannot reasonably be expected to disregard, and requires the attention of the unit member during working hours. Appearance in court or before any administrative tribunal as a litigant, party, or witness under subpoena or valid order to appear. The unit member must return to work if not required to be absent the entire day. Each date of necessary attendance, other than the dates specified in a subpoena, shall be certified to by the clerk or other authorized officer of the court or by an authorized official of the administrative tribunal. The unit member shall ask for and collect any witness fee to which he may be entitled and remit it to the District. The serious illness of a member of a unit members immediate family, which the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during working hours. The birth of a child requiring the father to be absent during working hours. The parent or guardian of any child in grades K-12 may take up to 40 hours a year (for full-time unit members) to visit their childs school. 18

b.

c.

d.

e. f.

g.

Circumstances of compelling personal importance and urgent personal necessity that meet the criteria outlined below: (1) Involves circumstances which the unit member cannot be expected to disregard. (2) Requires the attention of the unit member during assigned duty hours. (3) Is serious in nature. The following are examples of some reasons which are not acceptable for personal necessity leave: (1) Vacation, recreation, or social activities. (2) Unit members employee organization business or activities. (3) Extension of a school holiday or vacation. (4) Conventions related to a unit members avocation. (5) Spouses business, profession, or avocation. (6) Incarceration. (7) Political activities or demonstrations. (8) Civic or organizational activities. (9) Routine personal activities. (10) Business interests or other employment.

2.

Under all circumstances, a unit member shall verify in writing on the monthly declaration that the personal necessity leave was used only for purposes as set forth above. A unit member will be subject to appropriate discipline if the leave was used for purposes other than stipulated. When a unit member seeks personal necessity leave under 1c and 1f above, the unit member must complete the appropriate District form and submit it for approval by both the Senior Director of Adult and Community Education and the Assistant Superintendent of Human Resources before such leave is taken. Failure to comply with this requirement will result in denial of leave and loss of pay unless such requirement is waived by the Superintendent or Assistant Superintendent of Human Resources after appeal. Those situations covered by 1a, 1b, 1d, and 1e shall not require previous notification. Each unit member may take up to five (5) workdays (based on the formula of hours paid over 40, times eight, equals one work day, Section A-1 of this Article) of Personal Necessity days each school year charged against accumulated sick leave for reasons which are personal or private in nature, and for which he shall not be required to give an explanation, subject to existing conditions set forth in paragraph g above. Prior approval for such days must be obtained. The District may require him to certify in writing that any such personal leave taken by him was not for an extension of a recess provided for by this Agreement, nor for any concerted activity, slow-down or work stoppage, nor to attend to a matter which could have been attended to during his non-duty hours.

3.

4.

D.

Bereavement Leave 1. An adult school unit member who is assigned to work five (5) days or more a week by the Baldwin Park Unified School District Adult School is entitled to a leave of absence not to exceed three (3) days, or five (5) days if out-of-state travel or 400 miles travel in one way is required on account of the death of any members of his immediate family. An adult school member employed for less than five (5) days per week shall be entitled to that proportion of the three (3) or five (5) days leave of absence provided by this paragraph as the number of days the unit member is employed per week bears to five (5). Members of the immediate family mean the following: mother, father, grandmother, grandfather, or grandchild of the unit member or of the spouse of the unit member, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, 19

2.

3.

sister-in-law, or any person in loco parentis of the unit member, or any person living in the immediate household and considered to be part of the immediate family.

E.

Jury Duty Leave 1. Unit members shall be granted leaves of absence for jury duty in the manner provided by law. At any one time, no more than 2% of the unit membership shall be granted leave with pay. Unit members are encouraged to consider the impact of jury duty on the education of the students and the impact of teacher absence on classroom attendance. A request to defer jury duty may be considered as a viable alternative. Unit members shall submit a request for jury duty leave by providing an official summons for jury service as soon as possible prior to the date on which the unit member is scheduled to appear. It is the responsibility of the unit member to report to work whenever he/she is not required to attend jury duty service. Unit members shall be required to request to be excused from trials expected to exceed ten days in length. Teachers serving on jury duty will serve at no loss of pay or other benefits. Verification of jury duty service from the court shall be submitted to the unit members immediate supervisor upon completion of jury duty services. Per diem fees earned from jury duty on workdays will be reimbursed to the District The District reserves the right to request to have any unit member excused from jury duty service in the event said jury service would entail hardship on the public served by the unit member.

2.

3.

4. 5. 6.

7.

F.

Maternity Leave 1. Adult school unit members are entitled to use sick leave, as set forth in Section A of this Article, for disabilities caused or contributed to by complications during pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing leave of absence from other illness or medical disability. Such leave shall not be used for child care or child rearing, but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date on which the duties are to be resumed, shall be determined by the unit member and the unit members physician. However, the District may require a verification of the extent of disability through a physical examination of the unit member by a physician appointed by the District whose specialty is in the field of the challenged disability. The fee of the District-appointed physician shall be absorbed by the District. Adult school unit members are entitled to leave without pay or other benefits for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave as set forth in Section A of this Article has been exhausted. The date on which the employee shall resume duties shall be determined by the unit member on leave and the unit members physician. However, the District may require a verification of the extent of disability through a physical examination of the unit member by a physician appointed by the District whose specialty is in the field of the challenged disability. The fee of any physician(s) appointed by the District shall be borne by the District. Before returning to work, a unit member must submit to Human Resources a completed Medical Authorization for Return to Work form as specified in A-6 of this Article. 20

2.

3.

G.

Quarantine Leave 1. An adult school unit member shall be entitled to leave of absence, without loss of pay, because of quarantine resulting from contact while performing regular duties with persons having a contagious disease, or because of temporary inability to perform the services required of him because of a quarantine. The leave provided for by the preceding paragraph applies to the unit member for quarantine only, and not to the illness of the unit member, nor to quarantine of the unit member due to his own illness.

2.

H.

School Business Leave 1. 2. An adult school unit member who is a regular employee may be allowed time off without loss of pay to attend functions that benefit the District. Determination of functions that benefit the District shall be at the discretion of the Superintendent of Schools.

I.

Court Attendance Leave 1. A maximum of three (3) days of leave shall be granted each year to any unit member who must appear as a witness in court, under a valid order to appear, other than as a litigant, provided that the unit members presence is not required because of the connivance or misconduct of the unit member. The leave of absence shall be without loss of pay except that the unit member shall receive the difference between regular earning and the amount received for witness fees. Court attendance leave not taken in one year shall not accumulate from year to year.

2. 3. J.

Personal Business Leave 1. Unit members may be allowed time off from work, without pay, as determined by the Superintendent of Schools or his designee for other valid reasons not covered by the Personal Necessity leave provided for in Section C of this Article. A request for such absence shall be submitted through the Senior Director of Adult and Community Education in time to allow for proper coverage of the unit members responsibilities in his absence period.

2.

K.

Leave of Absence 1. 2. Leaves will not be granted for reasons of professional opportunity except when such leaves are believed by the District to be in the best interest of the District. An adult school unit member desiring a formal leave of absence for a specified time shall apply to the Board of Education by submitting the proper request to Human Resources through the Senior Director of Adult and Community Education. All other requests for leaves must be made through the Senior Director of Adult and Community Education.

3.

21

L.

Family Care and Medical Leave (FCML) The District shall grant to all eligible members State and Federal Family Care and Medical Leave without discrimination in accordance with guidelines set forth in this Article. 1. Eligibility a. All unit members who have served the District for at least 12 months and have at least 900 hours of service with the District the previous 12-month period shall be eligible to take unpaid Family Care and Medical leave.
Martha J Maldonado 3/7/13 1:18 PM

b.

Family Care and Medical Leave shall be granted under the following circumstances: (1) Birth of the unit members child and in order to care for the child. (2) Placement of a child with unit member for foster care or in connection with the unit members adoption of the child. (3) To care for a unit members child, parent, or spouse with a serious health condition. (4) The unit members own serious health condition that makes the unit member unable to perform the functions of his/her position.

Comment [7]: How does this affect members?

2.

Duration of Leave a. The leave shall not exceed the equivalent pro-rated allocation in a 12-month period beginning July 1 each year as follows: Hours Worked Previous Year 900 999 1,000 1,099 1,100 1,199 1,200+ b. c. d. e. Maximum Leave Provided 9 weeks 10 weeks 11 weeks 12 weeks

The leave may be taken intermittently in increments of one hour. A unit member may use any appropriate leave under this Article consecutively to Family Care and Medical Leave. The right to take a Family Care and Medical Leave is separate and distinct from the right to take a pregnancy disability leave under state law. Leave taken for a birth or placement for adoption or foster care must be concluded within one year of the birth or placement.

3.

Maintenance of Benefits a. During the period of Family Care and Medical Leave, the unit member shall continue to be entitled to participate in the Districts health plan and the District shall continue to pay health care premiums under such plan on the same terms as if the unit member had continued to work during the period of the leave. Failure of a unit member to return to work at the conclusion of the Family Care and Medical leave may result in the unit member being required, according to Family Care and Medical Leave laws, to reimburse the District for health care premiums paid by the District during his/her leave. 22

b.

4.

Reinstatement a. Family Care and Medical Leave terminates when the unit member returns to continuous active service or uses up his/her allotment of time. The unit member shall be reinstated immediately to the position held by the unit member at commencement of the leave. If that position no longer exists, the unit member will be reinstated to an equivalent position.

b. 5.

Procedural RequirementNotice Family Care and Medical Leave commences on the date indicated by unit members on the leave notice given to the Personnel Department. Leave notice shall include: a. b. c. d. e. Date leave will commence. Pattern of leave if not continuous. Anticipated return date of unit member, if known. Unit members eligibility for leave (see 1 above). In any case in which the District has reason to doubt the validity of the certification provided, the District may require, at the Districts expense, that the eligible unit member obtain the opinion of a second health care provider designated or approved jointly by the District and the unit member concerning any certified information. The health care provider designated or approved by the District shall not be employed on a regular basis by the District. The District may require that the eligible unit member obtain subsequent recertification for an extension of the leave if the District has reason to believe the original certification is no longer valid. The unit member can be required to provide certification of the serious medical condition of the family member, including a health care providers certification that the unit member is needed to care for the family member.

f.

g.

6.

Definition a. Child includes a biological, adopted, or foster child, stepchild, legal ward, or child of a person who stands in loco parentis. The child must be either under the age of 18 or incapable of self-care because of mental or physical disability. Spouse includes any spouse recognized under State law. Parent includes individuals who stand in loco parentis to the unit member. Serious Medical Condition a serious health condition is an illness, injury, or condition that involves: (1) Inpatient hospitalization (regardless of the duration). 23

b. c. d.

(2)

A period of incapacity requiring absence from work, school, or other activity for three or more days, and that also involves continuing treatment by a health care provider.

(3)

(4) (5) e.

A chronic or long-term condition for which the individual is under the continuing supervision of a health care provider (although they may not be receiving active treatments). Examples given in the regulations include patients with Alzheimers and those who have suffered a severe stroke. Continuing treatments by a health care provider to prevent a condition that, if left untreated, could result in an incapacity of more than three days. Prenatal care, childbirth, and recovery from childbirth.

Continuing Treatment for those medical conditions not involving inpatient care, continuing treatment means: (1) Two or more visits to a health care provider. (2) Two or more treatments by a health care practitioner on referral from, or under the direction of, a health care provider. (3) A single visit to a health care provider that results in a regimen of continuing treatment (for example, a course of medication or therapy). Needed to Care For a unit member is needed to care for a family member in the following situations: (1) The unit member is needed to provide the family member with medical care, personal hygiene, nutritional needs, transportation to a doctor, etc. (2) The unit member is needed to provide psychological comfort and reassurance that would be beneficial to a seriously ill child or parent receiving inpatient care. (3) The unit member is needed to fill in for other care givers, or to make arrangements for care (such as finding a nursing home). Health Care Provider regulations define health care provider as: (1) A doctor of medicine or osteopathy. (2) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor performing within the scope of his/her practice. (3) A nurse practitioner or nurse midwife performing within the scope of his/her practice. (4) A Christian Science practitioner listed with the First Church of Christ Scientist in Boston, Massachusetts. In the case of a Christian Science practitioner, the employer may request a second opinion from another type of health care provider.

f.

g.

M.

Military Leave Military leave shall be granted as mandated by law. 1. Scheduled Leave A unit member required to perform temporary military duty is expected to notify his principal and the Human Resources Office in writing of the military obligation within three days of receiving his orders. The unit member shall furnish the District with a copy of the written orders upon receipt. A unit member must provide documentation that he has attempted to have such duty deferred to and/or scheduled during the summer or such time as his services are not required by the District. 24

2.

Emergency Leave In an emergency, the unit member will notify the District in accordance with absence reporting procedures and shall furnish the District a copy of the written orders upon receipt.

N.

Catastrophic Leave 1. A unit member who is, or whose family member is, suffering from a catastrophic illness or injury may request donations of accrued sick leave credits under the catastrophic leave program. Catastrophic illness or injury means a physical illness or injury that is expected to incapacitate the unit member for an extended period of time or that incapacitates a member of the unit members family which requires the unit member to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the unit member because he/she has exhausted all of his/her sick leave and other paid time off. In order to be eligible for the catastrophic leave program, the unit member must have exhausted all current and accumulated sick leave entitlement; however, he/she may apply for the leave prior to exhausting all leave time. A unit member requesting donated sick days from the catastrophic leave program must complete a form, Request for Catastrophic Leave Program, and submit the form to the Human Resources Office. The Human Resources Office shall forward a copy of the request to Payroll to verify the unit members sick leave balance and eligibility. The Human Resources Office shall convene a Committee consisting of two Association members and one District administrator within ten (10) working days of the receipt of the unit members request to use the catastrophic leave program. The Committee shall determine the eligibility of the unit member requesting sick days from the program and may request additional evidence to support the unit members request. The decision of the Committee shall be sent to the unit member and Human Resources Office within five (5) working days of the date the Committee convened and finalize its determination on eligibility. The decision of the Committee shall be final and binding and not subject to the grievance procedure contained by this Agreement. It is not the intent of the catastrophic leave program to compensate for routine maternity and/or childcare leave unless it meets the definition of catastrophic illness or injury; and/or for lingering health problems that are not considered life threatening and/or regular periodic illness. Any permanent unit member who has an equivalent of 80 hours of earned sick leave may contribute a minimum of 8 hours, up to a maximum of 40 hours of his/her personal sick leave (in 8-hour increments) per fiscal year by notifying the Human Resources Office on a form, Catastrophic Leave Program Donation. Donated sick leave days shall be logged in time-stamped under the donors name and deducted from each donors accrued sick leave on a rotational basis, 8 hours at a time for the duration of the catastrophic leave period. Deduced sick leave hours shall not be retrievable by the donating unit member. Any unused donated hours shall be returned to the donating unit members accrued leave.

2.

3.

4.

5.

6.

7.

8.

25

ARTICLE XII HOLIDAYS AND VACATION Holidays 1. Adult school unit members shall be paid for the following holidays when the holiday falls on a day when the unit member is assigned to teach unless the holiday falls during a period of time when school is not in session (Example: Christmas, spring recess, and summertime). Independence Day (July 4) Labor Day (the first Monday in September) Veterans Day Thanksgiving Day and the day following Christmas Day (December 25) and one day either before or after as determined by the District New Years Day (January 1) Dr. Martin Luther King, Jr. Day Lincoln Day Washington Day Cesar Chavez Day One day during Spring Vacation Memorial Day (last Monday in May)
Martha J Maldonado 3/7/13 1:19 PM

Every day appointed by the President or Governor as a school holiday. 2. When any of the above holidays fall on Sunday, the following Monday shall be deemed to be the holiday. If any of the above holidays fall on Saturday, the preceding Friday shall be deemed to be the holiday. If the unit member is employed to work both Friday and Saturday, and the holiday falls on Saturday, the District will determine which of the two days shall be deemed to be the holiday and the unit member shall work the other.

Comment [8]: Add Cesar Chavez Day

Vacation Adult School unit members do not qualify for paid vacation time. Teachers on Special Assignment shall qualify for 22 days per year as paid vacation time for 12 months of full-time (40 hours per week) employment. The amount of paid vacation time shall be prorated for less than full-time services.

26

ARTICLE XIII ABANDONMENT OF POSITION

Voluntary or involuntary absence of an adult school unit member shall be reported to the Senior Director of Adult and Community Education or his/her designee. If such notification is not given within seven calendar days from the initial day of absence, that unit member shall be deemed to be an automatic resignation from District employment as of the last date on which the member worked. Furthermore, the members position shall be deemed to have been vacated.

27

ARTICLE XIV MENTOR TEACHING PROGRAM

A.

General: The Mentor Teacher Program of the Baldwin Park Adult and Community Education program (hereafter referred to as BPACE) is intended to provide incentives for highly talented staff members to provide instructional leadership, assistance, and guidance for other members of the staff. It is recognized that this program is not to be regarded as identification of BPACEs most outstanding teacher, but rather a selection of a person to provide service that is needed at that time. Funding: The BPACE administration will determine on an annual basis the amount of funding that is to be earmarked for the funding of this program. Since the BPACE budget is under the direct auspices of the District, the District reserves the right to terminate or modify the program at any time in response to budgetary concerns, but shall negotiate the impact of its pending decision with the Adult and Community Education Teachers Association of Baldwin Park (hereafter referred to as ACETABP). Mentor Selection Committee: A single selection committee shall be established for BPACE. The committee shall consist of four members, two representatives selected by ACETABP and two members representing the BPACE administration. All committee members shall serve for two years with staggered terms of office. Any member unable to serve the entire term will be replaced for the duration of the term in the manner stated above. Selection Committee members are not eligible to serve as a Mentor during their term of service. The Selection Committee is responsible for establishing and clarifying selection criteria; developing application procedures; disseminating information about the program; assessing applications; and recommending candidate(s) for submission to the Board of Education. Mentor Applicants: Any BPACE staff member who meets the following qualifications is eligible to apply for the position of Mentor Teacher. 1. Has received satisfactory performance ratings. 2. Possesses a particular expertise that would be valuable to other staff members. 3. Is willing to undertake the position above and beyond his regular teaching assignment. 4. Meets criteria established by selection committee. 5. These positions will be advertised for one week. Application Process: 1. 2. 3. The Selection Committee will distribute Mentor Teacher application materials during March each year. Interested candidates will submit their applications by April 10 each year. By June 1 of each year the Selection Committee will have completed the following: interviewed all qualified candidates; completed the recommendation stage; and submitted all necessary paperwork.

B.

D.

E.

F.

G.

H. I.

Term of Mentor Service: Duration of assignment to be determined by the administrator posting the position. Duties and Responsibilities: Any teacher who meets the criteria listed in Section E may submit an application for consideration as a Mentor Teacher. The application may be on any topic that would improve the instruction or services that are provided students and the application will contain an action plan, with specific duties, timelines, and responsibilities.

28

J.

Pay: Mentor teachers will receive a stipend for the work they perform as outlined in the application materials. The amount of the stipend should reflect a reasonable level of pay for nonteaching responsibilities. Evaluation: The Mentor Teacher and his project will be evaluated by an administrator to whom he is assigned.

K.

PROFESSIONAL GROWTH The District shall hold meetings to satisfy the provisions of law concerning professional growth. Unit members are reminded it is their responsibility to meet credential renewal requirements. This refers to Multiple and Single Subject Teaching Credentials issued after September 1, 1985.
Martha J Maldonado 3/7/13 1:41 PM
Comment [9]: Is this current?

29

ARTICLE XI GRIEVANCE PROCEDURE For the purposes of this Article: A grievance is defined as, and limited to, a statement by a unit member that the District has violated an express term of this Agreement and that by reason of such violation his rights under this contract have been adversely affected except that the Association has the right to grieve in its own behalf the provisions of Article V, Association Rights; Article VI, Maintenance of Membership; Section E of Article XX, Employee Discipline Other Than Termination; and as described in Section A below.. A day is any day the central administration office of the Baldwin Park Unified School District is open for business. A. It is agreed and understood that in those instances where an action has been taken by the District which the Association believes to have violated an express term of this Agreement and adversely affected five or more unit members (or fewer by mutual consent), the Association, in order to protect the integrity of the contract, has the right to file one inclusive grievance. In such instances the Association shall, at the initiation of the grievance process and as part of that process, list each of the unit members and how each is affected. The individual unit members shall be listed only after being informed of the intent of the Association to file such grievance and agreeing to such group action. Resolution of such grievance shall be considered as final redress for all listed unit members. B. Any unit member may at any time present grievances to the District and have such grievances adjusted without the intervention of the Association. In situations where the Association has not been invited to represent the unit member, the District shall not agree to a final 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. The unit member shall be entitled, upon request, to have a representation from the Association at all grievance meetings. The immediate supervisor may invite a representative of management to be present at such meetings. More than one representative may attend such meetings by mutual agreement between the parties. Once a grievance is filed at the formal level, it is confidential. Until such time as the grievance is resolved, no public discussion may be made of the case by the District, the individual, or the Association. Grievance investigation and resolution matters may be performed during the instructional day, but shall be conducted on non-classroom teaching time. Grievances are to be filed in a timely manner through the steps listed below. If a grievance is not processed by the unit member in accordance with the time limits set forth in this Article, it shall be considered settled on the basis of the decision last made by the District. If the District fails to respond to the grievance in a timely manner at any step, the grievant may proceed to the next step. In case of extreme emergency, the number of days may be extended at each step provided that there is mutual agreement between the Superintendent and the Association. Informal Level The grievant must attempt to resolve an alleged grievance by an informal conference with the immediate supervisor (at the building level, the principal) within ten (10) days following the incident which gave rise to the alleged grievance.

C.

D.

E.

30

Formal Level Step 1: In the event the grievant is not satisfied with the decision reached at the Informal Level, the grievant will reduce the grievance to writing on the appropriate District form (P-23A) and deliver three copies of the grievance form and any supporting documents to the immediate supervisor within thirty (30) calendar days after the event giving rise to the grievance. In those instances where the person responsible for the alleged violation is not the immediate supervisor, the first step of the grievance process is to be directed to the responsible individual. A meeting with the grievant and the immediate supervisor will be arranged to review and discuss the grievance within five (5) days from the date the written grievance is received by the immediate supervisor. The immediate supervisor will give a written reply by the end of the fifth day following the date of the meeting and the giving of such reply will terminate Step 1. If the grievance is resolved or if the grievant does not wish to take further steps, the case is closed. Step 2: In the event the grievant is not satisfied with the decision at Step 1, the grievant may, within five (5) days after the termination of Step 1, deliver by hand an appeal on the appropriate District form (P-32B) to the Office of the Assistant Superintendent of Human Resources. A meeting will be arranged to review and discuss the grievance within five (5) days from the date the grievance is received by the Assistant Superintendent of Human Resources. The Assistant Superintendent of Human Resources may elect to: hear the case, designate another Assistant Superintendent or the Director of Human Resources, Classified to hear the case; or hear the case in conjunction with one of the aforementioned. The Assistant Superintendent of Human Resources or designee will communicate his decision to the grievant in writing by the end of the fifth day following the date of the meeting and the giving of such reply will terminate Step 2. If the grievance is resolved or if the grievant does not wish to take further steps, the case is closed. Step 3: In the event the grievant is not satisfied with the decision at Step 2, the grievant may, within five (5) days appeal the decision on the appropriate District form (P-23C) to the Superintendent. A meeting will be arranged to review and discuss the grievance within ten (10) days from the date the grievance is received by the Superintendent. A decision shall be rendered by the Superintendent within ten (10) days from the date of such meeting, and the rendering of such decision will terminate Step 3. Step 4: A grievance which is not settled pursuant to Step 3, and which both the grievant and the Adult and Community Education Teachers Association desire to contest further, and which involves the interpretation or application of the express terms of this Agreement shall be submitted to advisory arbitration as provided in this Article, but only if both the grievant and the Adult and Community Education Teachers Association give written notice on the appropriate District form (P-23D) to the District of their desire to arbitrate the grievance within ten (10) days after the termination of Step 3. It is expressly understood that the only matters which are subject to advisory arbitration are grievances which were processed and handled in accordance with the grievance procedure described heretofore in this Article. The provisions of Article II, Recognition; Article IV, District Retained Rights; Article XX, Work Stoppage And/Or Concerted Activities; and Article XVI, Non-Discrimination, are specifically excluded from advisory arbitration under the provisions of this Article. As soon as possible and in any event not later than ten (10) days after the District receives proper written notice on the appropriate District form of the grievant and the Adult and Community Education Teachers Associations desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement can be reached within said ten (10) days, the parties shall request the State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the advisory arbitrator. The order of the striking shall be determined by lot.

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The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the grievance. The recommended decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he consider it his function to decide any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement may be relevant evidence, but shall not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of the written terms of this Agreement. The arbitrator shall not render any decision or award, or fail to render any decision or aware merely because in his opinion such decision or award is fair or equitable. No decision rendered by the arbitrator shall be retroactive beyond the beginning of the five-day period specified in Step 1 of the grievance procedure set forth in this Article of the occurrence of the grievance, whichever is the more recent. The arbitrator shall have no power to render an award on any grievance occurring before or after the term of this Agreement. The decision of the arbitrator within the limits herein prescribed shall be advisory to the Board of Education, and shall be in the form of a recommendation to the Board of Education. If neither party requests in writing to the Board to undertake review of the advisory decision within ten (10) days of its issuance, then the decision shall become binding on all parties. If a timely request for review is filed with the Board, then the Board shall undertake review of the entire hearing record. Within thirty (30) days after receiving the record, the Board shall render a decision on the matter, which decision shall be binding on all parties. If the Board does not render such a decision within the time specified, then the recommended decision of the arbitrator shall stand. The fees and expenses of the arbitration shall then be paid by the losing party (the party determined to be the losing party by the arbitrator). The arbitrator has no power under any circumstances to apportion the award of his fee between the parties. Each party shall bear the expense of the presentation of its own case. The arbitrator may hear and determine only one grievance at a time unless the parties expressly agree otherwise. F. In the event the District at any step of the grievance process takes the position that the grievant has not stated a grievance as defined in the Agreement or denies the grievance on the basis that it is frivolous, and the grievant and the Adult and Community Education Teachers Association differ with the position, the stated grievance, a copy of the Agreement and any written arguments the grievant and/or the District should care to submit shall, within five days, be collectively transmitted to the American Arbitration Association or any other mutually agreed upon agency or party for a determination. The agency or party shall make determination of whether or not a grievance has been stated based solely upon the written material submitted without benefit of oral argument. The agency or party shall make no comment dealing with the merits of the alleged grievance. Pending a determination by the agency or party, the grievance process shall be held in abeyance and shall commence within five days after the determination is received by the District. If the determining agency or party judges that there is a grievance properly stated, the fee for the determination service shall be paid by the losing party as provided for in Step 4 of the grievance process. If the decision is against the grievant, the grievant shall pay the fee.

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ARTICLE XVI NON-DISCRIMINATION The District and the Association recognize that by law an employer cannot discriminate against any unit member, except where lawfully permitted to do so.

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ARTICLE XVII NEGOTIATION PROCEDURES The Association and the District agree to commence negotiations on a successor agreement, if any, within the time limits set forth in Public Employment Relations Board (PERB) Rules and Regulations in effect during the final year of this Agreement. The following time limits shall be adhered to unless there is, previous to the dates prescribed, mutual agreement between the Association and the Superintendent that they be changed: The Association shall make its initial proposal for future agreements to the District at the second regularly scheduled February meeting of the Board of Education. The Administration shall submit its recommended proposals to the Board of Education approximately a month after receiving the proposals of the Association and the District, after allowing sufficient time for discussion and to meet the public notice provisions of the Public Employment Relations Act, shall begin negotiations.

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ARTICLE XVIII SAFETY CONDITIONS A. A unit member has the responsibility for the maintenance of safe procedures and practices and to submit written reports and/or recommendations to the designated supervisor regarding the maintenance of safe working conditions, facilities and equipment repairs and modification, and other practices designed to insure compliance with applicable safety standards. When a unit member has submitted such recommendations, the District will evaluate the situation and recommendations and will move to remedy the situation if, in the opinion of the District, action is appropriate and needed. The District will maintain an ongoing program to survey the safety conditions of all school facilities annually and to recommend the remediation of all unsafe conditions. Each school principal shall establish a safety committee with teacher representation whose responsibilities shall include orientation for new unit members to safety procedures, investigation of accidents, and a monthly inspection of work areas. The formal monthly site safety committee minutes shall be posed and maintained in a prominent place where they can be seen by all employees at the site and compared with previous reports. The safety committee minutes shall include reference to the monthly inspection, work requisitions and status of previously submitted requisitions having to do with safety suggestions, findings of the committee, and actions taken. The minutes of site safety committees shall be submitted monthly to the District to be reviewed by the Safety and Emergency Preparedness Committee at its regular meeting. E. Any assault, attack, or menacing act upon a unit member by either students or adults shall be reported promptly by telephone to the Senior Director of Adult and Community Education and the Superintendent of Schools; such phone notification is to be followed immediately by a complete written report, a copy of which is also to be forwarded to the Assistant Superintendent of Human Resources. It shall be the duty of the unit member attacked and the person under whose direction or supervision he is employed to promptly report the incident to the local law enforcement agency. In cases of battery, the unit member is strongly urged to file criminal charges against the assailant. A unit member who refuses to file criminal charges shall notify the District of such decision and the reason for his decision.

B.

C. D.

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ARTICLE XIX WORK STOPPAGE AND/OR CONCERTED ACTIVITIES A. It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing, or other concerted action or 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 unit members during the term of this Agreement, including compliance with the request of any other labor organizations to engage in such activity. 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 unit members to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operations of the District by unit members, the Association agrees in good faith to take all necessary steps to cause such unit members to cease such action. It is understood that any unit member violating this Article may be subject to discipline up to and including termination by the District when such disciplinary action is consistent with law. It is understood that in the event this Article is violated, the District shall be entitled to withdraw any rights, privileges, or services provided for in this Agreement or in District policy, from any unit member and/or the Association.

B.

C. D.

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ARTICLE XX EMPLOYEE DISCIPLINE OTHER THAN TERMINATION The Association recognizes that the District has the right and responsibility to take disciplinary action when there are instances of unprofessional conduct or violation of, or refusal to obey, the school laws of the State, regulations prescribed by the government of public schools by the State Board of Education, or by the Governing Board of the Baldwin Park Unified School District, by district or school-level administrative rules, or by the requirements of the negotiated agreement. This Article shall not be construed as modifying those provisions and rights granted by law in cases of dismissal for cause. For purposes of this Article, a day is any day the central administration office of the Baldwin Park Unified School District is open for business. The district is required to document unsatisfactory performance, demonstrate efforts to improve performance, and follow a course of progressive discipline. In exercising this responsibility, the District agrees not to impose any discipline upon any unit member without just cause and due process. The District also agrees to comply with the procedures described below; however, progressive disciplinary steps may be skipped based on the severity of the employees conduct. A. Oral Warning/conference The supervisor will state clearly the rule or policy that has been violated, the expectation that the rule will be followed, and the consequence if the rule is not followed in the future. Written Warning The supervisor will, in a written warning, state clearly the rule or policy that has been violated, the expectation that the rule will be followed, and the consequence if the rule is not followed in the future. Future violation of the rule or policy may be notice to the employee that an additional violation will result in a letter of reprimand to be placed in the employees personnel file. Letter of Reprimand Certificated unit members may be given a letter of reprimand by their immediate or other appropriate supervisor. The supervisor will attempt to hold a conference with the unit member before submitting a letter to the Human Resources Office. The letter of reprimand shall not be filed by the Human Resources Office until after such time as the unit member has been given the opportunity to submit written comments to be attached. Any written comments by the unit member are to be submitted no later than the ten days after transmission of the letter to the unit member. Any comments received after the ten-day period may be returned to the unit member. A unit member has the right to appeal whether or not a letter of reprimand is placed in his file to the Assistant Superintendent of Human Resources. The final decision concerning whether or not to place the letter of reprimand in the personnel file is that of the Assistant Superintendent of Human Resources.
Martha J Maldonado 3/7/13 1:20 PM

B.

C.

D.

Suspension, Demotion, or Fine 1. More serious disciplinary measures such as suspension, demotion, or fine, may be recommended by the immediate supervisor to the Assistant Superintendent of Human Resources who will provide the affected unit member with any known materials, reports, and documents referring to the case and schedule an opportunity for the unit member to respond formally to the charge (either orally or in writing) before making a decision concerning the case. The Assistant Superintendent of Human Resources, or in his absence his designee, shall forward his decision in writing to the unit member with a copy to the Superintendent and the recommending supervisor. Such decision shall be served on the employee personally or by registered mail to the employees last-know address. In some instances it may be in the best interest of the District to suspend a unit member immediately and hold the hearing at a later date. In such instances the suspension will 37

Comment [10]: Is this current? Does it follow Frisk model?

2.

be considered to be with pay until after the initial hearing as described in Section 1 above. If such a disciplinary action is found to be warranted by the Assistant Superintendent of Human Resources, the suspension will be adjusted to be without pay. 3. The affected unit member may appeal to the Superintendent any decision of the Assistant Superintendent of Human Resources within ten days after the service or mailing of the above-mentioned notice. Should the disciplinary action have a negative financial impact on the unit member, the unit member shall have the ultimate right of appeal to the Board of Education. The Boards decision will remain final unless overturned by a court of competent jurisdiction. Should the unit member wish to exercise his right of appeal to the Board of Education he must file a written request for a hearing within ten days after receiving the decision of the Superintendent Failure of the unit member to file an appeal to the Board in a timely manner shall constitute a waiver of the unit members right to such appeal. E. It is also agreed that when it is obvious that the outcome of any conference with a unit member is likely to result in disciplinary action, the administrator involved will, prior to the conference, advise the unit member of the nature or subject of such conference and his right to have the Association accompany him to the conference. Representation A unit member being considered for disciplinary action has the right to representation at any and all stages of the process. Employee organizations other than the exclusive representative shall not be allowed to represent a unit member at any state in this procedure.

F.

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ARTICLE XXI SAVINGS

Martha J Maldonado 3/7/13 1:21 PM

If any provision of this Agreement or any application thereof to any member of the bargaining unit should be held invalid by operation of law or is held to be contrary to law by decision of a court or tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by such court or tribunal pending a final determination as to its validity, such provision will be deemed invalid to the extent required and such article, section, or provision shall revert to the authority of the District during the remaining period of the Agreement, but all other provisions will continue in full force and effect.

Comment [11]: ?????

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ARTICLE XXII ENTIRE AGREEMENT A. The District shall not be bound by any requirement which is not expressly and explicitly stated in the Agreement. Specifically, but not exclusively, the District is not bound by any past practices of the District or understandings with any employee organization or council, unless such past practices or understandings are specifically stated in this Agreement. The Association agrees that this Agreement is intended to cover all matters relating to wages, hours, and all other terms and conditions of employment except where both parties mutually agree to meet and negotiate and that the District and the Association shall negotiate annually on health and welfare benefits (as defined by Government Code Section 53200) and salary. This Article is intended by the parties as a clear and convincing waiver of any negotiating rights that the parties may have in regard to any and all matters subject to the Meet and Negotiate Process of Government Code Section 3543.2 except by mutual agreement.

B.

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APPENDIX A I. ADULT SCHOOL TEACHERS SALARY SCHEDULE (Effective July 1, 2007) Adult School teachers shall be paid at the hourly rate as provided below: A. B. C. D. E. F. $20.00 an hour for curriculum work. $34.49 an hour the first year of teaching with no prior experience, either regular or adult education, in or out of the district. $36.65 an hour with one year of experience, either regular or adult education, in or out of the district. $38.10 an hour with two and three years prior teaching experience, whether regular or adult education, in or out of the district. $40.28 an hour with four or more years prior teaching experience, whether regular or adult education, in or out of the district. Adult school teachers shall be paid at the hourly rate as provided below for continued years of service with the Baldwin Park Unified School District: At At At At At At the the the the the the beginning beginning beginning beginning beginning beginning of of of of of of 10th year 15th year 20th year 24th year 30th year 34th year of of of of of of service service service service service service in in in in in in BPUSD BPUSD BPUSD BPUSD BPUSD BPUSD $40.56 $40.83 $41.16 $41.51 $41.82 $42.15 per per per per per per hour hour hour hour hour hour

Years of service shall be defined to be no less than three hours per week for both regular quarters the school year on a continuing and consecutive basis. II. Fringe Benefits The monthly fringe benefit District maximum contribution for medical, dental, vision, and other benefit options shall be $840.00 (tenthly) for the 2007-2008 2012-2013 school year for full-time unit members. For further information regarding fringe benefits, etc., see the most recent agreement between the Baldwin Park Unified School District and the union or association representing said employees.
Martha J Maldonado 3/7/13 1:22 PM

III.

Substitute Teachers Adult school substitute teachers shall be paid at the rate of $34.49 an hour.

Comment [12]: Needs to include Anniversary increment.

IV.

Non-Instructional Time Non-instructional time shall be paid at the rate of $20.00 an hour.

V.

Teachers on Special Assignment A $750 per year stipend will be provided for hourly teachers on special assignment after two years of service in such classification, and $1,500.00 per year after four years in such classification. Both amounts are to be prorated for less than full-time service.
Martha J Maldonado 3/7/13 1:23 PM
Comment [13]: Does this need to spread out?

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Appendix A, continued VI. Medical Occupations Teachers who arrange, and monitor, and validate student externships will be paid a stipend of $1,500 annually for up to 35 students. For each additional student over 35, a prorated amount per student per year will be paid. The stipend is made available to medical teachers whose classes require students to complete externships in order to be certified by the school or license agency. Participation in the externship program is voluntary and is in addition to the unit members teaching assignment. The stipend is compensation for additional responsibilities outside of the normal assignment. Unit member participation in the externship program is based on the need of the District This is a voluntary position and is not part of the teachers evaluating record. VII. Annual Anniversary Increments Annual anniversary increments will be provided at the beginning of the 10 year of service in the Baldwin Park Unified School District as follows: At the beginning of 10 year of service th At the beginning of 15 year of service th At the beginning of 20 year of service th At the beginning of 24 year of service th At the beginning of 30 year of service th At the beginning of 34 year of service
th th

$.28 per hour .55 per hour .88 per hour 1.23 per hour 1.54 per hour 1.87 per hour

Years of service shall be defined to be no less than three hours per week for both regular semesters on a continuing and consecutive basis. Effective July 1, 2006, hourly anniversary increments earned by unit members shall be paid as part of the members hourly rate rather than at the end of each fiscal year. VII. Counselors who are assigned to the Adult School shall be paid in accordance with the provisions of the Districts Agreement with the Baldwin Park Education Association.

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