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Tuesday, February 25, 2003
AGREEMENT
Between
YUBA COMMUNITY COLLEGE DISTRICT J
and
AMERICAN FEDERATION OF TEACHERS
July 1, 2001 THROUGH JUNE 30, 2004
ADOPTED: July 17, 2002
TABLE OF CONTENTS PAGE
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article10
Article11
Article12
Article13
Recognition.
Federation Rights.
District Rights.
Workload/ Assignrnents
Distance Learning
Salaries/Benefits
Leaves with Pay.
Conference and Travel
Evaluations.
Grievance Procedure
Duration of Agreement
No Strike/Lockout
Personnel Files
ARTICLE 1 RECOGNITION
The Yuba Community College District (District) recognizes the Yuba College - American Federation of Teachers, Loca1 4952, AFT/AFL - CIO (YC-AFT), as the exclusive representative for the bargaining unit whose membership is composed of all adjunct classroom instructors and the following other academic employees: counselors, librarians, nurses and athletic coaches, whose contractual obligation is greater than .1 FTE but less than .6 FTE and shall exclude all other District employees. Members of this unit shall be covered by this contract during both regular semesters and summer sessions. Unit members who work exclusively in a summer session are covered by this contract.
ARTICLE 2 FEDERATION RIGHTS
2.1 YC-AFT Access to District Facilities YC-AFT shall have the right to use the school mailboxes and bulletin board spaces designated by the District subject to the following conditions: (a) all postings for bulletin boards or items for school mailboxes must contain the date of posting or distribution and the identification of the organization, together with a designated authorization by a Federation officer; (b ) the Federation will not post or distribute information which is derogatory or defamatory of the District or its personnel.
2.1.1 The Federation shall have the right to use District facilities at reasonable times for the purpose of meetings concerned with the exercise of rights provided by the Rodda Act, and providing that the conduct of such business does not interfere with District operations or with the duties of District employees.
2.1.2 YC-AFT representatives shall have the right of access to unit members, provided it doesn't interfere with the educational process. Such duly authorized representatives shall be permitted to transact official business as necessary to the performance of YC-AFT responsibilities to members of the bargaining unit, except that such access shall not interfere with the operations of the District and shall not interfere with the duties of unit members or other District employees.
2.2 Information to the Federation
2.2.1 The District shall furnish to YC-AFT information upon request concerning the bargaining unit and budget data. Board agendas and minutes will be sent automatically.
2.2.2 The name and non-confidential addresses and telephone numbers of unit members, as provided to the District by the unit members, shall be provided to the Federation. The information shall include the number of units being taught, and the worksites of the unit members:
2.2.2.1 Within thirty (30) days after the start of Fall and Spring semesters.
2.2.2.2 Within two (2) weeks after the start of the Summer Session. 1
2.2.3 The District shall provide YC-AFT a copy of the current Board Policy and Administrative Handbook and shall, for the duration of this agreement, provide the Federation with necessary copies of all changes in the Board Policy and Administrative Handbook.
2.3 Dues and Agency Fees
2.3.1 Upon receipt of written authorization from unit members, the District shall deduct from the pay of unit members the normal and regular monthly YC-AFT membership dues of 1.5%. The District shall deduct the normal and regular agency fee of 1.5% from the pay of all unit members who have not authorized YC-AFT membership dues. All such deductions shall be forwarded to YC- AFT, within seven (7) business days.
2.3.1.1 Upon receipt of written authorization from the YC- AFT the District shall reduce, discontinue, or reinstate the agency fee for any named unit member
2.3.1.2 The District shall not be obligated to put into effect any new, changed, reinstated or discontinued deduction unless the change is in the District payroll office prior to the tenth (l0th) of the month.
2.3.1.3 YC-AFT agrees to indemnify, defend, and hold the District harmless against any claims made of any nature whatsoever and against any claim or suit instituted against the District arising from its collection and deduction and payment of YC-AFT membership dues or agency fees.
2.3.1.4 At the request of YC-AFT, the District will refund any agency fees withheld up to a maximum of three (3) months.
2.4 College Membership Meetings
2.4.1 On twenty-four (24) hour notice to the college president or designee, the Federation's campus representative shall have the right to schedule campus membership meetings during normal operating hours in the buildings of the campus, provided that no member shall be released from his/her scheduled classes for such meetings, and provided that facilities are available.
2.5 Copies of this Agreement
2.5.1 The cost of printing the copies of this agreement shall be shared equally between YCCD and YC-AFT. After it becomes effective, a copy shall be distributed to each member of the bargaining unit now employed, or hereafter employed. "
2 .6 Released Time
2.6.1 YCCD shall provide to YC-AFT the equivalent of fifteen (15) units of pay at the hourly rate of step one, column one (Lecture), per semester for the purpose of contract administration and grievance processing.
ARTICLE 3.0 DISTRICT RIGHTS
3.1 The District shall have the power and authority to direct, manage and control its operations and mission in conformance with the law. Matters not specifically enumerated as within the scope of negotiations in Government Code 3543.2 and as set forth in final PERB decisions and final court decisions are reserved to the District. Included in those duties and powers is the exclusive right to:
3.1.1 determine its organization;
3.1.2 direct the work of its employees;
3.1.3 determine the kinds and levels of service to be provided, and the methods and means of providing them. In addition to the provision in subparagraph 3.1 above, this paragraph does not constitute a waiver of the YC-AFT's right to bargain over actual duties of unit members;
3.1.4 establish its educational policies, goals and objectives,
3.1.5 insure the rights and educational opportunities of students;
3.1.6 determine the number and kinds of personnel required;
3.1.7 maintain the efficiency of District operations,
3.1.8 determine the curriculum;
3.1.9 build, move or modify facilities;
3.1.10 establish budget procedures and determine budgetary allocation,
3.1.11 determine the methods of raising revenue, contract out work, and;
3.1.12 take action on any matter in the event of an emergency.
3.2 In addition, the Board retains the right to hire, classify , assign, evaluate, promote, terminate and discipline employees. 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 items of this agreement, and then only to the extent such specific and express terms are in conformance with law. All matters not specifically enumerated as within the , scope of negotiations in Government Code 3543.2 are reserved to the District.
3.3 The District has the power to take relevant action during an emergency. If relevant to the emergency, the District may amend, modify or suspend policies and practices 3 referred to in this Agreement only during the duration of such emergency. An emergency exists only when the schools are closed by order of federal, state or local officials authorized to close the schools because of disaster (natural and/or human created, for example, an earthquake, riot or work stoppage). The determination of whether an emergency exists is solely within the discretion of the Board.
3.3.1 At no time, even during an emergency, shall bargaining unit employees be required to do the work of other employees of the District who may be on strike.
ARTICLE 4 WORKLOAD/ASSIGNMENTS
4.1 Assignments shall be made to meet the needs of the District and shall be made considering the following factors: qualifications, satisfactory evaluations (in all aspects of the evaluation) special job related skills, and scheduling needs of the District (Exhibit A).
4.1.1 Unit members may teach up to sixteen (16) load units per academic year (excluding Summer School). With concurrence of the Director of Personnel Services and Human Resources Development, a maximum of eighteen ( 18) units may be taught.
4.1.2 Unit members may be assigned a combination of teaching and non- teaching blended academic assignments to a maximum of not more than 53.3% of a full-time assignment, e.g., a unit member who is teaching three (3) units may also complete 17.06 hours of non-teaching per week (see Exhibit B). With concurrence of the Director of Personnel Services and Human Resources Development, a maximum of 60% of a full-time equivalent load may be assigned.
4.1.3 In a non-teaching assignment, unit members may complete twenty-one (21) hours ofJ1on-teaching per week for a maximum of756 hours per academic year ( exclusive of Summer Session). With the concurrence of the Director of Personnel Services and Human Resources Development, a maximum oftwenty-four (24) hours per week may be assigned.
4.1.4 The performance of substitute services on a day to day basis by members of the unit shall not be considered as an assignment within the meaning of this Agreement, or for the purposes of determining whether an individual is performing 53.3% or more of a full-time assignment within the meaning of the Ed Code §87482.5.
4.1.5 Adjunct Faculty Member Return Rights.
4.1.5.1 Within the schedule of classes as determined by the college, adjunct faculty who teach:
4.1.5.1.1 General Education courses;
4.1.5.1.2 who have been teaching at the college site for three (3) of the last six (6) semesters,
4.1.5.3 shall have rights to continue teaching a load equal to the highest load taught in the past two (2) of three (3) semesters up to a maximum load of six ( 6) semester units. (Refer to Section 4.1 above.)
4.1.5.4 Courses taught during summer session shall not be counted in determining an adjunct faculty member's load. lntersession is considered a part of spring load.
4.1.5.5 The return rights set forth in Sections 4.1.2.1 through 4.1.2.4 above are to a load that the adjunct faculty member has taught in three (3) of the last six (6) semesters, and the adjunct faculty member has received a satisfactory evaluation. Adjunct faculty who receive an unsatisfactory evaluation shall lose return rights.
4.1.5.5.1 Counselors and Librarians shall have the same return rights as instructors.
4.1.5.6 There shall be two (2) tiers of seniority. The tier of seniority that the adjunct faculty member has earned shall be determined by the adjunct faculty member's step on the adjunct academic employee's salary schedule.
4.1.5.6.1 For purposes of determining the earned tier of seniority for those adjunct faculty members whose compensation is based upon the restoration salary schedule shall be assigned a step on the regular salary schedule, within the appropriate column, that is the closest to their current salary .
4.1.5.7 The two-tier system of seniority will consist of the following groups:
4.1.5.7.1 Tier No. 1 will include salary steps 1-4.
4.1.5.7.2 Tier No. 2 will include those unit members at Step 5 or above.
4.1.5.8 Seniority shall be earned at a specific site, except as provided in Section
4.1.5.9, and return rights to teach a load at the site at which seniority is earned. Adjunct faculty members shall earn a tier of seniority at one of the following sites:
4.1.5.8.1 Yuba Center at Beale Air Force Base
4.1.5.8.2 Marysville Campus
4.1.5.8.3 Yuba Sutter Outreach
4.1.5.8.4 Colusa Center
4.1.5.8.5 Woodland Community College
4.1.5.8.6 Clear Lake Community College
4.1.5.9 In the event of the termination of the Yuba College Center at Beale Air Force Base, the return rights of adjunct faculty members earned at the Beale site shall be transferred to the Marysville Campus.
4.1.5.10 Teaching assignments will be offered to adjunct faculty members based upon their earned tier of seniority . Management has the right to offer assignments to any qualified adjunct faculty member within the tier, except that all qualified adjunct faculty members in the more senior tier shall be offered assignments to their load maximum before assignments are offered to adjunct faculty members in the next more senior tier .
4.1.5.11 The return rights articulated in this Article 4.1.2 are for initial scheduled assignments only. In the event a class is canceled, there are no bumping rights.
4.1.5.12 In the event that a teaching assignment is offered to an adjunct faculty member who is on a lower step within Tier 2 on the salary schedule than an otherwise qualified faculty member who is on a higher step within Tier 2, that adjunct faculty member who is on the higher step shall, upon request, be given a written explanation as to the reasons the assignment was offered to the unit member on the lower step on the salary schedule.
4.1.5.13 Written explanations as provided pursuant to this article shall not be grieveable.
4.2 The District will make available to currently employed unit members a form on which they may indicate their interest in an assignment for a subsequent semester, including the summer session. Those adjunct unit members who respond by the deadline will be notified no later than thirty (30) days prior to the start of the semester of the requested assignment if they are not to be sent a tentative contract.
4.2.1 An administrative oversight that may cause failure to provide such notice will not entitle the affected member to an assignment.
4.3 All available adjunct positions (not already assigned) shall be posted on the affected Division Bulletin Board and a copy will be sent to the YC-AFT President.
4.4 Emergency Hires
4.4.1 An emergency hire is an abrupt short turn around time in which a faculty must begin a class, e.g., when a class is abandoned by current faculty or no pool exists for replacement personnel.
4.4.2 At the end of each semester, the District will provide a list to the YC- AFT President of emergency hires and the incentives.
ARTICLE 5 DISTANCE LEARNING
The District and YC-AFT may develop a Task Force to review this section.
ARTICLE 6 SALARIES/BENEFITS
6.1 Effective as of the Fall Semester 2001, the Salary Schedule shall be increased by 2.3%, which is equal to a cost of living adjustment (COLA) of3.87% (the amount of the COLA provided by the State ), less the cost of step and column (1.25%) and the cost of salary-driven mandated benefits (8.175%).
6.2 Effective as of the Fall Semester 2002, the Salary Schedule shall be increased by 1.8% (the State COLA less salary-driven mandated costs).
6.3 As of the Fall Semester 2003, the Salary Schedule shall be adjusted by the State provided COLA less the salary-driven mandated benefits of 8.175%; however, if any State provided COLA is less than the cost of the salary-driven mandated benefits, there shall be no reduction in the Salary Schedule.
6.4 Salary Schedule Placement Generally initial placement on the salary schedule will be Step 1 for aH adjunct faculty hired by the District. Subsequent movement will occur when an adjunct faculty member successfully completes 15 load units of teaching (including Summer Session) for the District or the equivalent of 15 load units for non- teaching adjunct faculty .
6.4.1 Former full-time faculty who are currently employed by the District in an Adjunct Faculty bargaining unit position and are being paid according to an appropriate Full- Time Extra Pay Schedule shall continue at their current rate of pay, not receiving increases as the Extra Pay Schedule rises, until the top step of the Adjunct Salary Schedule exceeds their frozen hourly rate. At that time the employee shall be transferred to the top step of the Adjunct Salary Schedule and shall participate fully in all future increases of that schedule.
6.4.2 Former full-time academic employees who are subsequently hired by the District (August 1, 2002) in an Adjunct Faculty bargaining unit position within two (2) years of their retirement or otherwise leaving their full-time employment with the District shall be placed on the appropriate step of the Adjunct Faculty salary schedule. Placement shall be determined according to the number of load units they have had credited with the District. They shall be raised one step for every 15 load units credited.
6.4.3 If there is a voluntary break in service of more than two (2) years, the schedule step credits shall be forfeited. If the break in service is involuntary, other than for performance reasons, the Unit Member shall be placed on the salary schedule as if there had been no break in service.
6.5 Holistic Scoring
6.5.1 Unit members in the Language Arts Department who participate in the holistic scoring process shall be entitled to compensation for up to three (3) hours per class for which the holistic scoring system is utilized.
6.5.2 Compensation will be at the unit member's lecture hourly rate of pay.
6.5.3 Unit members are required to submit written documentation showing their time spent in holistic scoring.
6.6 Retirement
6.6.1 All YC-AFT unit members will be included in an appropriate retirement plan in accordance with contract language, regulation or law as follows:
6.6.1.1 All newly employed unit members who are required by regulation or law to be in the STRS Defined Benefit Plan shall be placed in that Plan.
6.6.1.2 All newly employed unit members who are eligible for either the STRS Defined Benefit or Cash Balance Plans shall make their election within thirty (30) days. If they fail to make an election, they will be placed in the STRS Cash Balance Plan.
6.6.1.3 All unit members not eligible to be members of the STRS Defined Benefit Plan shall be placed in the STRS Cash Balance Plan, except for those unit members currently in Social Security with the District.
6.6.1.4 AIl continuing unit members who are currently in Social Security with the District shall remain in Social Security until either they elect or are required by regulation or law to transfer to an appropriate STRS plan.
6.6.1.5 All unit members who are eligible for STRS Defined Benefit Plan may elect to be placed in that Plan at any time.
6.6.2 Participation in a retirement plan is based on eligibility at the time of hire.
6.7 Section 125 Plan Unit members may participate in a Section 125 Benefit Plan offered to all employees of the District and approved by the District.
ARTICLE 7 LEAVES WITH PAY
7.1 Sick Leave
7.1.1 Unit members shall earn sick leave credit at the rate of one ( 1) hour for each eighteen (18) hours ofpaid service during the academic year. Sick leave credit will not be earned for any fraction of eighteen (18) hours. Sick leave earned may not be credited to sick leave accrued during ~ other District employment, nor may sick leave earned during other District employment be utilized for absence during hourly employment.
7.1.2 Re12orting and Verification -Any member using sick leave benefits under provisions of this Article shall provide the employee's Immediate Supervisor with a signed REPORT OF ABSENCE form upon return to duty.
7.1.3 Notification of Absence -The employee shall notify the Immediate Supervisor and/or the Information Desk as soon as practically possible so that arrangements can be made for cancellation of class or obtaining a substitute. If the employee becomes ill or another emergency arises during the day, he/she shall notify the Immediate Supervisor and/or the Information Desk of the absence.
7.2 Personal Necessity Leave
7.2.1 Members of the bargaining unit may not use more than four (4) days of accumulated Sick Leave credit in a school year for Personal Necessity Leave.
7.2.2 A unit member shall submit notification for Personal Necessity to his/her supervising dean at least one (1) day prior to the beginning date of the leave, except where extenuating-circumstances make this impossible.
7.2.3 Such leave may be used at the discretion of the Unit Member.
7.2.4 Upon return to work, the Report of Absence form shall be filed with the Unit Member's supervising dean.
7.3 Bereavement Leave
7.3.1 Members of the bargaining unit may be granted, without loss of salary or other benefits, leave of absence not to exceed three (3) consecutive calendar days within one (1) week, or five (5) working days within one (1) week if travel of more than 300 miles is required, per occurrence on account of death of any member of the member's immediate family.
7.3.2 "Member of the immediate family," as used in this section means the mother, father, grandmother, grandfather, or grandchild of the member or of the member's spouse, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, sister, or any immediate relative living in the immediate household of the member .
7.3.3 An extension of bereavement leave may be requested under personal necessity leave.
7.3.4 Upon return to duty, the REPORT OF ABSENCE form shall be filed with the employee's Immediate Supervisor. The member shall provide verification satisfactory to the District.
7. 4 Industrial Accident and Illness Leave
7.4.1 For an accident or illness which is job-incurred, and upon the written request of the employee, members of the unit shall be provided leave benefits as stipulated by law not to exceed sixty (60) days.
7.4.2 Periodic medical reports may be required during extended absence of an employee. Employees returning to work from industrial accident or illness leave shall be required to present a doctor's release verifying medical permission to return to work, including any restrictions.
7.4.3 Upon return to duty, the REPORT OF ABSENCE form shall be filed with the employee's Immediate Supervisor .
7.5 Jury Duty
7.5.1 When regularly called for jury duty in the manner provided by law, members of the bargaining unit shall be granted a leave of absence without loss of pay for the time the employee is required to perform jury duty during the employee's regularly assigned working hours.
7.5.2 Request for jury service leave should be made by presenting as soon as possible the official court summons to jury service to the member's immediate supervisor and to the District payroll office through regular administrative channels.
7.5.3 Reimbursement to the District of any monies earned as a juror, except mileage, shall be made by the member .
7.5.4 A member regularly called for jury duty shall not be encouraged in any way to seek exemption from such duty nor shall he/she be discriminated against in any way for not seeking such exemption.
7.5.5 The District may require verification of jury duty time prior to, or subsequent to, providing jury duty compensation.
7.5.6 Upon return to duty, the REPORT OF ABSENCE form shall be filed with the employee's Immediate Supervisor.
ARTICLE 8 CONFERENCE AND TRAVEL
8.1 Adjunct Faculty Conference and Travel funds are the funds available to Adjunct employees from the Staff Development Funds and are to be used to upgrade or .improve the staff member's ability to perform his/her assignment.
8.1.1 The funds may be used to cover the cost of transportation, meals, lodging, registration fees or other expenses related to a professional conference, seminar or class.
8.2 Guidelines
8.2.1 To be eligible, an Adjunct Faculty member must have taught a minimum of four (4) out of the last eight (8) semesters (or summer session) for Yuba College.
8.2.2 Funds are awarded on a first come, first served basis.
8.2.3 The maximum amount per Unit Member shall be determined by the District's Staff Development Committee. 8.2.4 An eligible Adjunct Faculty Member will be funded over a two (2) year period of time the amount determined by the District's Staff Development Committee.
8.2.5 At the conclusion of the funded activity, the adjunct instructor must file a one (1) page report summarizing the activity. The report should include how the information obtained will be used in the member's assignment. The report will be sent to the Staff Development Coordinator .
ARTICLE 9.0 EVALUATIONS
9.0 The evaluation of adjunct faculty shall follow the same procedures, use the same form(s) and the same criteria as the evaluation of full-time faculty in the same department, except as follows:
9.1 Elements of evaluation shall be work station observation (peer and/or Dean), and student input and may include self-evaluation, at the instructor's option.
9.2 Every adjunct faculty member must be evaluated once (1) each semester in each of the first three (3) semesters of service and in every sixth (6th) semester thereafter .
9.3 Notwithstanding Article 9, Section 9.2, a unit member who has not been evaluated as required, may be evaluated by a senior Tier II (Step 5 or above) unit member in the following semester. The supervising dean may select any Tier II unit member to complete the evaluation.
9.4 For each evaluation, the unit member may select compensation at the rate of $100 per evaluation or four (4) hours of Flex Credit, and shall notify the supervising dean prior to the evaluation. Mileage at the prevailing District rate shall be paid for off-campus evaluations. ~
9.5 If the evaluation is not acceptable to the evaluates, he/she will have the option to attach written comments.
9.6 Deans shall provide evaluates with an evaluation schedule at least two (2) weeks prior to the evaluation.
ARTICLE 10 GRIEVANCE PROCEDURE
10.1 Definition
10.1.1 A grievance shall be a written complaint by:
10.1.1.1 A unit member that she/he has been adversely affected by a misinterpretation, misapplication or violation of the provisions of this Agreement, or
10.1.1.2 YC-AFT that it has been adversely affected by a misinterpretation, misapplication or violation of rights directly affecting it or as a co-filer with an individual grievant. In the event that the YC-AFT has a grievance directly affecting it, the grievance shall be filed at Level I, or with the District's consent, at Level II
10.1.2 A "day" is an instructional day.
10.2 Right to Representation
10.2.1 At the Superintendent/President/Designee levels, the grievant may choose to be represented either by a YC-AFT agent or by her/himself alone.
10.2.1.1 Where the grievant chooses to represent her/himself, the YC-AFT shall have the right to be represented by an observer at meetings between the grievant and the Superintendent/President/Designee. The District shall notify the YC-AFT of such meetings.
10.2.1.2 Whenever a unit member chooses to pursue a grievance without YC-AFT representation, the grievant shall assure that the YC-AFT has been notified by securing the YC- AFT number on the grievance form from the YC-AFT grievance chair .
10.2.1.3 Whenever a unit member chooses to pursue a grievance without YC-AFT representation, the District shall notify the YC-AFT of any settlement mutually proposed by the grievant and the District at any level.
10.2.1.4 The YC-AFT shall have the right of comment prior to finalization of such a proposed settlement.
10.2.1.5 At Level III and Level IV, the grievant must be represented by the YC-AFT. Should the YC-AFT choose not to appeal to these levels, the administrative remedy of the grievant shall be deemed exhausted.
10.3 Forms for processing grievances shall be designed jointly by the YC-AFT and the District.
10.4 Any level of the grievance procedure may be waived by mutual consent of the grievant and the District.
10.5 Failure to meet time limits.
10.5.1 If the District fails to communicate its decision at any level within the specified time limit, the grievant will have the right to appeal to the next level within the time limits provided in this Article.
10.5.2 Failure by the grievant to appeal a decision of the District at any level within the specified time limits shall result in the District's decision becoming final, and the failure to appeal shall be considered a waiver of the grievant's right to appeal.
10.6 Any reference to number of days in this Article may be altered for any specific case by mutual agreement between either the YC-AFT and the District or, the grievant and representatives of the District in those cases where the YC-AFT is not representing the grievant.
10.7 Grievance Levels
10.7.1 Level I. Within twenty (20) days after the grievant knew or by reasonable diligence could have know, of the condition upon which the grievance is based, the grievant shall submit the grievance in writing to the dean/campus administrator. Within ten (10) days of receipt of the grievance, the dean/campus administrator or designee will schedule and hold a meeting with the grievant. The dean/campus administrator or designee will render a decision in writing within ten (10) days of the meeting.
10.7.2 Level II. If the grievance is not resolved at Level I, the grievant may submit the grievance to the Superintendent/President or designee. The submission must be made within ten (10) days of the receipt of the decision at the previous level, and must certify that the previous level meeting was held indicating the date and issues discussed. Within twelve (12) days of receipt of the grievance, the Superintendent/President or designee will schedule and hold a meeting with the grievant. A written decision will be given within ten ( 10) days of the meeting.
10.7.3 Level III. The YC-AFT may appeal the decision of the Superintendent/President or designee to advisory arbitration within thirty (30) days after receipt of the written decision.
10.7.3.1 The appeal shall be filed in the office of the Superintendent/ President and shall include all pertinent written materials.
10.7.3.2 A neutral arbitrator shall be chosen from a list obtained from the State Mediation and Conciliation Service.
10.7.3 Level III. The YC-AFT may appeal the decision of the Superintendent/President or designee to advisory arbitration within thirty (30) days after receipt of the written decision.
10.7.3.1 The appeal shall be filed in the office of the Superintendent/ President and shall include all pertinent written materials.
10.7.3.2 A neutral arbitrator shall be chosen from a list obtained from the State Mediation and Conciliation Service.
10.7.3.3 The neutral arbitrator shall conduct a hearing with the parties to the grievance within thirty (30) days or as soon as the arbitrator is able to schedule a meeting. The parties to the grievance will be allowed to attend all hearings at which information is given to the arbitrator. The decision of the arbitrator shall be in writing, shall include findings of fact, reasoning and conclusions on issues submitted, and shall be transmitted promptly to all parties in interest and the Board of Trustees.
10.7.3.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue(s) presented and shall have no authority to make recommendations on any other issue not submitted. The decision of the arbitrator shall supersede all previous decisions and shall become binding on all parties unless appealed by the grievant or the Superintendent/President.
10.7.3.5 The cost of the services of the arbitrator, the cost of recording the hearing, and any costs ordered by the arbitrator will be shared by the parties. All other costs shall be borne by the party incurring them.
10.7.4 Level IV. The YC-AFT or the Superintendent/President or designee may appeal the decision of the arbitrator to the Board of Trustees. Any appeal by either the YC-AFT or the Superintendent/President or designee, must be filed with the Secretary of the Board of Trustees within fifteen (15) days after receiving the arbitrator's decision.
The Board of Trustees shall review the documentation in closed session. Either or both parties may submit written arguments to the Board prior to the Board's hearing on the matter, or as otherwise directed by the Board. No new evidence shall be submitted by either party either in writing, or at the Board hearing, unless the Board requests that additional evidence be presented. If the Board does not request additional evidence, the decision of the Board will be abased upon the record of the proceeding before the arbitrator, the arbitrator's decision, and any argument submitted to the Board by the parties. The Board of Trustees shall have the right to issue a final and binding decision following its deliberations.
If the Board of Trustees does not transmit its written decision within sixty (60) days from its receipt of the appeal of the arbitrator's decision, the decision of the arbitrator shall be deemed final. However, the Board may extend this sixty (60) day time period for no more than thirty (30) days if it determines that it needs additional time to render its decision.
ARTICLE 11 DURATION OF AGREEMENT
This Agreement shall become effective upon ratification of YC-AFT and the Board of Trustees and shall continue in full force and effect up to and including June 30, 2004, without any reopeners, except as provided in Paragraph 11.1 below.
11.1 Notwithstanding the foregoing paragraph, if the State provides "parity" funds U during either of the last two (2) years of this Agreement, the parties agree to 15 -I reopen, upon the request of either party, on the issue of providing parity funding to the unit members of YC-AFT.
ARTICLE 12 NO STRIKE/LOCKOUT
It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing or refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the District by the YC-AFT or by its officers, agents, members during the term of this Agreement. Similarly, it is agreed and understood that the Board will not, during the term of this Agreement, conduct a lockout nor lock out any bargaining unit member or members as a result of a strike by other District employees.
ARTICLE 13 PERSONNEL FILES
13.1 Unit members shall have the right to inspect materials in their personnel files upon request, provided that the request is made at a time when the unit member is not actually required to render services to the District, and provided that the request is made at least one day in advance. Information of a derogatory nature, except material mentioned in the second paragraph of Education Code §87031, shall not be entered or filed unless and until the unit member is given fifteen (15) days written notice and an opportunity to review and comment thereon. The unit member shall have the right to enter, and have attached to any such derogatory material, his/her own comments. Anonymous materials shall not be entered in the file unless first substantiated by District investigation.
13.2 Unit members shall be furnished, at his/her request and at his/her expense, the reproduction of any items in his/her personnel file.
13.3 Unit members may place in his/her personnel file any material relevant to his/her career or advancement.
Yuba College-American Federation of Teachers:
Jim Kitchen
Yuba Community College District
George Foregn:
Dear Fellow Adjunct Faculty Member Exhibit A
Welcome to your teaching assignment at Yuba College. Your Union and the District have agreed to increase the allowable teaching load to improve assignments and working conditions. However, as Adjunct Faculty, your teaching load may not exceed 60% of full-time academic assignment per year. As part of this agreement, each Adjunct Faculty member will be required to complete and sign a statement acknowledging your teaching load. Your acknowledgment will also include the following statement. I understand that per academic year:
1) Adjunct Faculty members may not accept any combination of assignments within the District that may exceed a 53.3% load (16 units or equivalent) up to a maximum of 60% (18 units or equivalent) without prior approval.
2) I must disclose my current assignments within the District both at time of employment and with each new accepted assignment,.
3) the 60% load per year maximum is subject to reduction when any additional compensated assignments are made; and
4) any failure to disclose or attempt to misrepresent my current assignments, by me, will be cause for disciplinary action. Your Union recognizes that pursuit of unjustified claims lessens our ability to improve Adjunct Faculty income and working conditions, and to maximize and protect all legitimate rights. Therefore, please be advised that, if your Union determines that any individual has wilfully failed to disclose, or has misrepresented, his/her load, the YC-AFT will not oppose disciplinary action or support any possible claim to a full-time position that individual may believe has arisen.
Sincerely,
Jim Kitchen,
President Yuba College
American Federation of Teachers
Verification of Adjunct Faculty Assignment
Form Name of Employee:
I hereby acknowledge that I have attached my assignments for the academic year and that my assignment with the District is a part-time, hourly, temporary faculty position and will not be credited towards probationary or tenure track. I understand that per academic year Adjunct Faculty members may not accept any combination of assignments within the District (Summer Session excluded) that may exceed 53.3% (16-units or equivalent) up to a maximum of 60% ( 18 units or equivalent) of a regular full-time faculty load without prior approval. I understand that the 60% maximum is subject to reduction when any additional compensated assignments are made. I agree not to accept any assignment(s) that will result in my load in anyone school year exceeding the 60% maximum. I further understand and agree that my acceptance of any assignment( s ) in excess of the 60% maximum or any failure to disclose or attempt to misrepresent my assignments will be cause for disciplinary action. By signing below, I acknowledge that the assignments listed above are accurate and truthful, that I understand this policy, and that I agree to abide by its terms.
I declare the foregoing is true and correct.
Employee's Signature:
Date:
Adjunct Faculty member, please return the completed form to your supervisor. 050701-0701
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