Faculty Association CTA/NEA Contract

(July 1, 2000 June 30, 2003)

Table of Contents

ARTICLE I: RECOGNITION................. 1

ARTICLE II: DISTRICT RIGHTS...... 1

ARTICLE III: ASSOCIATION RIGHTS... 2

ARTICLE IV: SAFETY CONDITIONS OF EMPLOYMENT................... 4

ARTICLE V: GRIEVANCE PROCEDURES................... 4

ARTICLE VI: UNIT MEMBERS RIGHTS...... 8

ARTICLE VII: SALARY REGULATIONS, COMPENSATION AND BENEFITS........... 9

ARTICLE VIII: WORK LOAD........ 15

ARTICLE IX: ASSIGNMENT.................. 27

ARTICLE X: EVALUATIONS................ 30

ARTICLE XI: LEAVE PROVISIONS.................. 32

ARTICLE XII: PROFESSIONAL DEVELOPMENT LEAVES. 37

ARTICLE XIII: REDUCTION IN FORCE. 43

ARTICLE XIV: PERSONNEL RECORD CONTENTS AND INSPECTION.................. 44

ARTICLE XV: RETIREMENT HEALTH INSURANCE 44

AND REDUCED LOAD 44

ARTICLE XVI: TRANSFERS AND REASSIGNMENTS 47

ARTICLE XVII: SAVINGS 49

ARTICLE XVIII: EFFECT OF AGREEMENT 49

ARTICLE XIX: COMPLETION OF MEET AND NEGOTIATIONS 50

ARTICLE XX: MISCELLANEOUS 50

ARTICLE XXI: TERM 50

APPENDIX A: GRIEVANCE FORM 51

APPENDIX B: AGREEMENTS FOR 2001/2002 and 2002/2003 52

APPENDIX C: SALARY SCHEDULE 53

July 1, 2000 June 30, 2003

This is an Agreement made and entered into this first day of July 2000 between the MT. SAN JACINTO COLLEGE DISTRICT, hereinafter referred to as "District", and the MT. SAN JACINTO COLLEGE FACULTY ASSOCIATION CTA/NEA, hereinafter referred to as "Association". The contract shall be in full force and effect through June 30, 2003.

ARTICLE I: RECOGNITION

The District confirms its recognition of the Association as the exclusive representative for that unit of employees (hereinafter referred to as the Unit) certified by the Educational Employment Relations Board in Case No. LAR‑734 dated November 15, 1976. The Unit consists of all academic employees excluding non-credit or adult education teachers, part-time employees, and all Management, Supervisory, Confidential, and Classified employees.

ARTICLE II: DISTRICT RIGHTS

It is understood and agreed that the District retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required and how they are to be selected; maintain the efficiency of District operations; determine the curriculum; build, move or modify facilities and make all room and office assignments; establish budget procedures and determine budgetary allocations; determine the methods of raising revenue; contract out work; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate, and discipline Unit Members as authorized by all applicable codes. All such matters, unless otherwise provided for in this agreement, are excluded from the grievance procedure.

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

In cases of extreme emergency* necessitating closure of the college and/or suspension of classes, any provisions of this agreement conflicting with the necessary emergency procedures shall be suspended for the duration of the emergency. The District shall, within one (1) day or as soon as is physically possible, meet with Association representatives and attempt to reach an agreement on which sections of this agreement are affected and for what duration.

*Extreme emergency shall mean sudden and unexpected calamities such as earthquake, fire, flood and other occurrences which interfere with normal operation of the college.

In cases of financial emergency, any provisions and terms of this agreement affected by reduction in funding to the District shall be suspended and reopened for negotiation when the District files public notice that current operating standards cannot be met and stipulates the amount of reduced funds.

ARTICLE III: ASSOCIATION RIGHTS

The Association and its members shall have the right to nonexclusive use of school facilities and equipment (excluding vehicles) at reasonable hours, including evening hours, subject to the established sign-up procedures and regulations, for Association business when such facilities are not otherwise in use.

The Association shall have the right to post notices of activities and matters of Association concern on Association bulletin boards. At least one of reasonable size shall be provided in areas frequented by Unit Members. The Association may use the District mail service and teacher mail boxes for communications to Unit Members. When requested, notification shall be given to the Superintendent/President as material is posted for the purpose of informing Association members and/or non-members of Association-related issues, concerns, and positions as well as the dates, times and agenda of formal Association meetings.

Authorized representatives of the Association shall be permitted to transact Association business on school property at any time as long as there is no interference with the normal operation of the College. At the request of the Superintendent/President, the Association shall provide advance notice, in writing, of all Association meetings.

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 statement authorizing deduction of unit membership dues in the Association. Such authorization shall continue in effect from year to year unless revoked in writing. Pursuant to such authorization, the district shall deduct one tenth (1/10) of such dues from the regular 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 school year shall be appropriately prorated to complete payments by the end of the school year.

The District shall not be obligated to deduct any amount from the Unit Member's pay which shall be used for political contributions.

With respect to all sums deducted by the District pursuant to authorization of the Unit Member, the District will remit such monies to the California Teacher's Association accompanied by an alphabetical list of Unit Members from whom such deductions have been made, and indicate any changes in personnel from the list previously furnished.

The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.

Upon appropriate written authorization from the Unit Member, the district shall deduct from the salary of any Unit Member and make appropriate remittance for annuities, credit union, approved charitable donations, or any other plans or programs jointly approved by the Association and the District. A Unit Member who continues an assignment or employment with the District will be permitted to change the amount of such deductions once a year on date(s) mutually agreeable to the District and the Association.

The Association has the right to act as a grievant under the Grievance Article of this Agreement, except as provided in V-B1.

The Exclusive Representative of the unit has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the District and the law.

ARTICLE IV: SAFETY CONDITIONS OF EMPLOYMENT

The requirements for safe working conditions are established and maintained under the California Occupational Safety and Health Act of 1973 (CAL/OSHA). Enforcement and rule-making authority is lodged with the Department of Industrial Relations. The Division of Industrial Safety has jurisdiction for inspection and the enforcement of standards; therefore, any disputes arising relating to Unit Member safety will be exempted from the grievance process.

ARTICLE V: GRIEVANCE PROCEDURES

A "grievance" is a formal written allegation submitted on a mutually approved form by a grievant that the grievant has been adversely affected by a violation, misinterpretation or misapplication of provisions of this agreement.

A "class action grievance" is a consolidation of several similar grievances into a single grievance. All grievants to be included will make their own written allegation and each will independently go through Level I and each will authorize such consolidation and agree to abide by that outcome. A class action grievance may be filed by the Association at Level II of the Grievance Procedure. At least one of the grievants shall be in attendance at each level of the class action procedure.

A "Day" for the purpose of this Article, refers to any day as defined in Article VIII A1. Since a “day” must fall within the work year of a unit member, any day not included in the unit member’s work year shall not constitute a “day” in grievance procedures. However, if a unit member initiates grievance procedures with ten (10) days or less remaining in the work year, the grievance process shall proceed following the timelines for the normal work year. However, the grievance process may be suspended until the beginning of the following work year, should both the unit member and district agree to do so.

"Management Supervisor" or "Appropriate Dean" refers to the management employee who has immediate jurisdiction over the grievant.

Nothing contained herein shall be construed as limiting the right of any Unit Member having a grievance to discuss the matter informally with any appropriate member of the Administration and to have the grievance adjusted without intervention by the Association, provided that the adjustment is not inconsistent with the terms of this agreement.

Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level shall be maximums and every effort shall be made to expedite the process. The time limits may, however, be extended by mutual agreement.

The grievant shall attempt informal resolution of a grievance in conference with the appropriate dean prior to initiating a grievance.

Within twenty (20) days after the alleged occurrence of the act or omission giving rise to the grievance, the grievant must present the grievance in writing on the appropriate District form to his/her appropriate dean. The grievance should be a clear, concise statement of the issue, the specific Article or Section of this agreement violated or misinterpreted, the circumstances involved, the date of any informal conference and the specific remedy sought.

Within ten (10) days after a grievance is filed, a conference must be scheduled if requested by either party. At the conference either party may be accompanied by an advisor or representative.

The appropriate dean's decision shall be communicated in a clear, concise written statement to the Unit Member and the Association within fifteen (15) days after receiving the grievance.

In the event the grievant is not satisfied with the Level I decision, the grievant may, within ten (10) days, appeal the decision to the Superintendent/President or his designee on the appropriate District form. This appeal shall include a copy of the original grievance, the decision rendered at Level I, and a clear, concise statement of the reason(s) for the appeal.

Within five (5) days after the appeal is filed, a conference must be scheduled if requested by either party. At the conference either party may be accompanied by an advisor or representative. The conference shall be held at a time which would not interfere with normal operations of District.

The Superintendent/President or designee shall communicate in a clear, concise written statement a decision to the Unit Member within fifteen (15) days after receiving the grievance.

If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days, appeal the decision on the appropriate District form to the Board of Trustees. This appeal shall include a copy of the original grievance, the decisions rendered, and a clear statement of the reason(s) for the appeal.

The Board of Trustees may base its decision solely on the written record unless the grievant requests a closed session hearing not to exceed 20 minutes, unless extended by the Board. If additional evidence is sought by the Board, the Board shall invite, in writing, all parties of interest to participate.

The Board shall inform the grievant, in writing, of its decision within twenty-five (25) working days after receiving the grievance.

If the grievance is not suitably resolved at Level III the bargaining unit may, within 30 days submit the matter to the American Arbitration Association (AAA) for binding arbitration.

AAA shall be requested to submit a list or lists of arbitrators to the parties for their selection of an impartial arbitrator; and if no mutually acceptable selection is made by the parties after the elimination of the second list, AAA shall appoint the arbitrator in accordance with its rules then obtaining.

The decision of the arbitrator shall be final and binding upon the parties, but the arbitrator shall have no authority to add to, subtract from or modify this agreement except in conclusions of law or past practices which are not in violation of the contract.

V F5. Binding Arbitration

1. shall not apply to any matter the District is defending in a civil proceeding

3. the party that does not prevail in the arbitration shall pay 100% of the cost of the arbitrator

5. each party shall bear its own costs of presenting its case to the arbitrator.

This level represents the final step in the grievance procedure. Completion of this step constitutes exhaustion of internal administrative remedies under this agreement.

All grievance proceedings shall be kept as confidential as may be appropriate, at all levels of the procedure.

All records dealing with the processing of a grievance will be filed separately from the personnel records of the participant(s).

If a grievance arises from the action of an authority above the direct supervisorial level, the Unit Member may present a grievance at the next higher level, except no grievance shall be taken to the Trustees without first being given in writing to and discussed with the Superintendent/President.

If the procedure is not completed within the specified time by the appropriate management level handling it, the grievant may proceed to the next level.

If the procedure is not completed by the grievant within the specified time, the grievance will be considered resolved at the highest level at which the procedure has been completed.

No reprisals of any kind will be taken by any Unit Member or representative of the Administration or the Board or by the Association against any grievant, any member of the Association, or any member of management, Trustee or other participant in the Grievance procedure by reason of such participation.

When it is necessary for a representative designated by the Association to attend a grievance meeting or hearing during the work day, he/she shall, upon notice to the Superintendent/President by the Association President, be released without loss of pay in order to participate in the ongoing activities. Every effort shall be made to schedule meetings and hearings at times which would not interfere with normal operations of District. Any Unit Member who is requested to appear in such scheduled meetings or hearings as a witness will be accorded the same right.

ARTICLE VI: UNIT MEMBER RIGHTS

The District and Association recognize the right of a Unit Member to form, join, and participate in lawful activities of the Association and the equally alternative right of a Unit Member to refuse to form, join, and participate in Association activities.

A Unit Member shall have the right to informally discuss any personal grievance with any appropriate dean and to have the grievance adjusted without intervention by the Association provided that the adjustment is consistent with the terms of this Agreement.

A Unit Member shall retain the right of self-representation in matters of grievance without intervention by the Association provided that all conditions of Article V on Grievance Procedures are met.

It is mutually understood that the District shall not implement any proposed resolution reached with a Unit Member grievant until the Association has been provided a copy of the grievance and a copy of the proposed resolution and after which said Association has had five working days to file a written response. It is further mutually understood that the written response from the Association shall in no way intervene in the implementation of the proposed resolution if said resolution is consistent with the terms of this agreement and in conformance with applicable laws. Absence of a written response from the Association on any specific proposed resolution within the stipulated time period shall be construed to mean that the terms of Paragraph VI D have been waived by the Association but only to the extent to which the proposed resolution responds.

ARTICLE VII: SALARY REGULATIONS, COMPENSATION AND BENEFITS

"Bachelor's Degree" means an earned Bachelor of Science or Bachelor of Arts Degree or equivalent from an accredited institution.

"Master's Degree" means any earned Master of Science or Master of Arts Degree or equivalent from an accredited institution.

"Semester Unit" means one semester hour of credit from an accredited institution. Transcripts indicating quarter hour credit will be evaluated in semester hour equivalents, with one (1) quarter-hour equaling two-thirds (2/3) semester hours.

"Upper Division Courses" are those certified by an accredited institution as junior and senior level. Any graduate class would be considered equal to or superior to upper division.

"Prior Teaching Experience" - a year of prior teaching experience for credit must equal seventy-five (75) percent of the academic year.

"Transcript" is a documentary record of completed academic work certified by a notarized signature or institutional seal and received by mail in the Human Resources Department from an institution.

"The Unified Salary Schedule" refers to the salary schedule established to determine the rate of pay for ten-month (10) Unit Members who fulfill the contract requirements of the work year as defined below.

"Work Year" refers to the number of days required each year to meet the minimum daily attendance requirement of one hundred seventy-six (176) days, any additional days for instruction, plus additional days for non-instructional duties. When school is closed due to factors which in the opinion of Administration are beyond their control and request for exemption is denied by the State, and the State requires that the day be made up, that day will be considered to be within the normal work year.

"Ten-Month Employee" refers to any Unit Member as a full time academic faculty for the established work year as defined above.

"Per Diem Rate" refers to the daily rate of pay for a Unit Member calculated by dividing the Unit Member's annual salary for the work year by the number of days the Unit Member is required to render service to the District under this agreement.

VII B. Initial Salary Placement

New-hires and rehires may be placed on steps one (1) through five (5) based on experience directly parallel to the position being filled.

The Salary Advancement Committee shall consider and recommend to the Superintendent/President:

The amount of credit to be granted for formal education, or its equivalent, will be used in determining the number of units of credit to be granted for initial level placement on the salary schedule.

The amount of credit for teaching, counseling or librarian experience, or its equivalent, will be used in determining the number of steps to be granted for initial placement on a salary step. In order to be granted a step the Unit Member must have served at least 75% of an academic year.

"Equivalent Credit" may be considered by the Salary Advancement Committee for work experiences, competency based experiences, research and any post-graduate units earned, but not counted for the Master's Degree credential. The Unit Member must request in writing that consideration be given to such areas. When requests for salary advancement are made for equivalent credit, the Committee may recommend such credit if both the Unit Member and the Committee have made reasonable efforts to obtain approval for units from an accredited institution of higher learning for the above stated areas, and neither have been successful. After the Superintendent/President approves the request for "equivalent credit" and makes a recommendation to the Trustees, they shall consider such exceptions and may establish a principle or guideline which can be applicable to similar requests without further attempts to obtain approval from an accredited institution of higher learning.

VII C. Credit for Salary Schedule Level Advancement After Initial Placement on Salary Schedule

Promotions for faculty result after the completion of the appropriate number of additional units. In any one academic year a Unit Member can move either an experience step, or a level, when sufficient units have been completed, but not both.

A Unit Member will not receive an experience step in an academic year in which a promotional level step is taken, after an appropriate number of approved units have been completed.

The Board of Trustees may take action to hold everyone at their current step due to fiscal considerations. Such action will be taken within 30 days of adopting the final budget (which normally follows within thirty days of the State budget being adopted).

For each unit member who earns additional compensation, the district shall provide the faculty association with a copy of a form specifying the duties, responsibilities and pay associated with the additional compensation within thirty (30) days after these duties and/or responsibilities begin.

There is no limit to the number of units a member can earn for the purpose of salary advancement during a school or calendar year, provided the units taken have the prior approval of the Salary Advancement Committee. However, to enter the doctoral degree level, the unit member must have earned a doctoral degree. Also, to advance into or beyond the masters degree level, the unit member must have earned a masters degree.

Level and step advancement shall occur July 1 for a Unit Member employed during summer school months and beginning of Fall semester, or prior to the Fall semester, for others, provided due and proper notice is given to the Human Resources Department as indicated in the procedures of this Article. A Unit Member may advance up to two levels per fiscal year except:

All approved units earned during any long-term professional development or other leave shall be added to any earned during other periods of the same fiscal year and to any accumulated, and the total shall be credited for the following annual pay period not to exceed a two-level (2) move in any one (1) fiscal year.

All approved units earned during the period between the time a Unit Member is released from employment from the District due to program reduction and the time of rehire on a preferential recall basis as a full time Unit Member shall be placed on the salary schedule at a rate not exceeding a two-level (2) advancement from the previously held position.

A Unit Member may have credited for salary schedule advancement one (1) step for each year of employment until reaching the last step in the level. A Unit Member who is hired after the beginning of the Fall semester of an academic year but has fulfilled at least seventy-five percent (75%) of a full year contract, based on either days or teaching load, shall be advanced to the next step as if a full year's service to the District has been fulfilled. Step advancement shall take place July 1 for a Unit Member employed on the salary schedule during summer months and at the beginning of each Fall semester for a Unit Member not employed during the summer.

Quarter units are converted to semester units by multiplying the quarter units by two-thirds (2/3). If this multiplication results in a number with a fraction of more than one-half (1/2), the number shall be rounded off to the next whole number when calculating total units for level advancement.

The Salary Advancement Committee shall consider and recommend on the acceptability of and number of units proposed by individual Unit Members toward salary level advancement based on the following criteria:

Only those classes that can be clearly demonstrated to directly enhance a unit member’s teaching or assigned area shall be considered. No more than six (6) of each twelve (12) semester units necessary to advance a level on the salary schedule shall be taken at the lower division undergraduate level. Education extension credits shall not be considered for purposes of salary advancement unless the institution issuing the credits will accept the credits in their own degree program(s).

Units that would apply to an advanced degree in the Unit Member's teaching or assigned teaching area.

Units that would apply to an advanced degree not in the Unit Member’s Master’s

teaching, or assigned teaching area but which can be clearly illustrated as being a direct enhancement to said area or areas.

"Equivalent credit" may be considered by the Salary Advancement Committee as described in Section VII B2c of this Article.

All Unit Members shall observe the following procedures in order to be considered for salary level advancement:

On or before June 1, a Unit Member must request advancement in writing and provide proof of eligibility (to Human Resources) in order to advance on the salary schedule for the next fiscal year.

If units earned during the upcoming summer session are to be used in qualifying for advancement, the Unit Member must indicate in writing to Human Resources the institution to be attended, course title, number of semester units to be earned, and dates of attendance.

Proof of successful completion of all summer work must be submitted no later than September 1. A grade slip or signed statement from the university's instructor will be accepted in lieu of a transcript. However, transcripts must be submitted as soon as possible and, in any case, no later than November 1.

A Unit Member will advance to the next higher level on July 1, if all work has been completed and verified by June 15, of the preceding fiscal year. If units are completed subsequent to June 15, advancement will be made beginning Fall semester, provided that all of the above conditions have been met.

A Unit Member may advance to the next higher level beginning of Spring semester if all work has been completed and verified by January 15 immediately previous.

Proof of successful completion of all work subsequent to beginning of Fall semester must be submitted no later than January 15. A grade slip or signed statement from the university's instructor will be accepted in lieu of a transcript. However, transcripts must be submitted as soon as possible and, in no case, later than April 1.

The Human Resources Department shall provide each Unit Member by beginning of Fall semester of each year, or as near as possible, the current level and step placement and the salary. Upon written request, a statement of units on file shall be provided the Unit Member within five working days.

A Unit Member may seek approval after course work is completed without penalty. However, when requests are made by Unit Members to the Salary Advancement Committee for past approval, a unanimous vote by the members of that committee shall be necessary for credit to be granted.

A Unit Member will be paid according to the Unified Salary Schedule adopted by the Board of Trustees and agreed to by the Faculty Association.

The District shall pay 100% of the premium cost for single coverage of health, dental and life insurance on behalf of Unit Members who have single coverage for the term of this contract. The District shall provide the complete fringe benefits package to every unit member, regardless of marital status. That is, married unit members shall each be provided individual and complete fringe benefits packages. The District shall add to its fringe benefit contribution any Cost of Living Adjustment (COLA) it receives over the term of this contract.

ARTICLE VIII: WORK LOAD

It is the philosophy of the District and the Association, as professional educators, to consider all factors involved in determining work load in such a way as to allow flexibility while tending to cause all work loads to be equitable. Factors to be considered by each Unit Member and the appropriate dean in establishing a "Standard Work Load" include number of hours taught or assigned, type of class taught, number of office hours, number of preparations, number of "extended day" assignments, the ratio of Weekly Student Contact Hours to Full Time Faculty Equivalent (WSCH/FTE), reduction of work load, extended campus assignment(s), district facilities management and other duties and responsibilities related to the Unit Member's specific assignment. Each Unit Member shall extend professional responsibility to serve on committees, attend general faculty meetings called by the Administration, attend instructional area meetings, support and promote the student activities program, participate in graduation ceremonies, and on non-teaching duty days assist with registration to the extent necessary and perform other related professional duties. In keeping with the preceding philosophy, the following general guidelines are herein established for the Unit Member and the appropriate dean to use in arriving at a "Standard Load." Should any Unit Member be unable to agree with the appropriate dean, Unit Member is free, without fear of any recrimination, to take the issue to the Superintendent/President and ultimately to the Board of Trustees.

For purposes of this Article, the following terms and definitions shall be used to establish the Standard Work Load for a Unit Member:

VIII A1. Work Year

The work year shall be no more than one hundred seventy six(176) days to fulfill the annual contractual requirements of a Unit Member. One hundred sixty-eight (168) days shall be designated as instruction days, seven (7) days shall be designated as FLEX days, and one (1) day shall be designated as an administrative day. Of the seven (7) FLEX days, three (3) days shall be collaboratively planned. Attendance for these three (3) days shall be mandatory for all unit members.

VIII A2. Work Week

A work week shall be five (5) days a week, Monday, 8:00 a.m. through Friday, 4:30 p.m. inclusive, during a work year. Saturday and Sunday assignments may be made only with the consent of the Unit Member. It is understood that while each Unit Member shall be expected to maintain a five-day work week assignment, his assignment may be reduced to less than or increased to more than a five-day work schedule by mutual consent between said Unit Member and the Management Supervisor.

VIII A3. Extended Day Time

Extended day time is defined as any time prior to 8:00 a.m. and shall apply to any class that begins at 4:30 p.m. or later during a work year for which a Unit Member is assigned to discharge responsibilities under this Agreement.

VIII A4. Teaching Contact Hour

A teaching contact hour shall be equivalent to fifty (50) clock minutes of classroom instruction or teaching time except as otherwise designated by law.

VIII A5. Non-Teaching Hour

A non-teaching hour shall be equivalent to one (1) clock hour of assigned time during which non-classroom instructional responsibilities are discharged by a Unit Member.

ARTICLE I: RECOGNITION................. 1

ARTICLE VIII: WORK LOAD........ 15

July 1, 2000 ­ June 30, 2003