ACE Contract

04: Association Rights

Category: Articles 1-6

ARTICLE 4: ASSOCIATION RIGHTS

Section 4.1 - Facilities. The Association shall have the right to use District facilities at reasonable times, provided that requests for use of facilities other than classrooms be submitted on the regular District form provided for such use. If such facility is equipped with an alarm detection system, it is the responsibility of the Association representative using the facility to “code in” and “code out” with the alarm company in order to maintain appropriate security conditions.

Section 4.2 - Communication. The Association shall have the exclusive use of bulletin boards, not less than four feet (4') by four feet (4'), in locations convenient to all unit members. The Association shall have the right to use the District's mail service and employee mailboxes for the dissemination of information concerning Association business provided that, given any general distribution, 15 courtesy copies to the Assistant Superintendent, Human Resources, will be included with the distribution. All postings for bulletin boards or items for employee mailboxes must contain the identification of the Association and, if appropriate, the date of removal. The District will pick up school district intra-district mail from the Association office on each school day during the regular school year. Such pick up and delivery will be subject to any state or federal regulations covering mail service.

Section 4.3 - Right of Access. Association representatives shall be permitted to transact official Association business on school property at reasonable times. Such business shall not be conducted while affected unit members are providing instruction to students or performing assigned duties. Association activities or meetings with unit members shall not interfere with the education of students, nor shall they interfere with the work of classified or administrative personnel. If the Association representative is not an employee (president/designee) assigned to the work site, then he/she must check in upon arrival at the administration office or at the office of the person with supervisory responsibility for the site. The rules expressed herein shall not apply to Association business conducted after the regular workday.

Section 4.4 - Reasonable Times. "Reasonable time" shall include only that time before and after the regular workday, during the duty-free lunch period, during the preparation/conference period of that unit member, or that time when the unit member is not in direct contact with students or performing other scheduled duties.

Section 4.5 - Bargaining Unit Information. Prior to November 1 of each year, the District shall provide the Association with a list of all unit members, including their home addresses, designated work sites, and salary classifications. If available, the District, upon request by the Association, shall furnish one copy, without charge, all available information concerning the financial resources of the District. Such information shall include, but not be limited to, annual financial reports and audits as may be required by the state or county office of education. If available, the District shall provide to the Association, upon request, any information the District produces in the course of its regular business and is a matter of public record.

Section 4.6 - Association Calendar. The first and third Mondays of each calendar month shall be set aside and designated exclusively for Association business. Said business shall be conducted after the workday unless changed by mutual agreement. No District meetings shall be scheduled at any time, which might conflict with Association meetings on these days.

Section 4.7 - Association Leave. The Association shall be entitled to fifteen (15) District paid days of release time for Association business plus twenty-six (26) days of release time whereby the Association will pay the substitute costs, unless there is mutual agreement between the Director of Human Resources and the ACE President that a substitute is not needed for that unit member.

Section 4.8 - Release Time - President.

a. The President of the Association shall be released from his/her regular duties to the District for the full term of this Agreement.

b. The President of the Association shall be contracted for the same work year as the President’s current position. By July 1^st of each school year, the President of the Association shall provide to the District Superintendent or designee, a tentative work calendar for that school year.

c. The President of the Association shall be paid in the same manner as if the person were a regular employee of the District, and shall suffer no reduction in salary, step, fringe, or other benefits. If the President of the Association is absent from regular duties for no more than four (4) years, the President of the Association shall also be guaranteed the right to return to the site and position occupied before taking office if said position would have still been available in the normal course of events. If the President of the Association is absent from normal duties for more than four (4) years, a regular position within the District shall be guaranteed.

d. The President of the Association will receive full State Teachers’ Retirement System (STRS) service credit for all contracted work days to the extent permitted by law and by STRS.

e. The Association shall reimburse the District 50% of salary and benefits for the release of the Association President for the regular work year. The method of payment for these costs shall be semi-annual.

Section 4.9 - Release Time – Other Association Members.

Any days of release shall be submitted on a District's attendance form D-61N. Release time used for negotiations or other activities, which are reimbursed by mandated costs shall not be counted against the release time provision of this agreement and the Association shall not be billed for the substitute costs of such days. The Association shall be billed for substitute costs by the District once a month. The Association shall report all absences to the immediate supervisor including required documentation, such as negotiation of the contract, impasse proceedings, grievances, and/or unfair labor practice charges for mandated cost reimbursement on a monthly basis for Association Business Leave.

05: Association Consultation

Category: Articles 1-6

ARTICLE 5: ASSOCIATION CONSULTATION

Section 5.1 - Right of Consultation. The District acknowledges the right of the Association to consult at the District level on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the District under the law.

Section 5.2 - Consultation Committee. A committee of three (3) unit members, appointed by the Association, and one (1) or two (2) District appointed management personnel will consult, upon written request, on any issues concerning definition of educational objectives, the determination of the content of courses, curriculum, and the selection of textbooks as provided for in Section 5.1 above. Either the Association or the District may request such consultation with five (5) days written notice. Recommendations resulting from this consultation will be forwarded to the Superintendent.

Section 5.3 - District Wide In-service. The District will notify the Association of any scheduled District-wide In-service training day, which will require the participation of all unit members. The Association shall have the right to consult upon the content and agenda of District-wide In-service Training. Should the Association wish to consult regarding the in-service, it must notify the District within five (5) work days of the notification.

06: Association Security

Category: Articles 1-6

ARTICLE 6: ASSOCIATION SECURITY

Section 6.1 - Payroll Deduction of Membership Dues. Any unit member who is a member of the Association, or who has applied for membership, may sign and deliver to the District on the Payroll Deduction form supplied by the District, an assignment authorizing deduction of membership dues, initiation fees, and general assessments in the Association. The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period, which commences thirty (30) days or more after submission to the District’s Payroll Office.

Section 6.2 - Fair Share. Any unit member who is not a member of the Association, or who does not make application for membership within thirty (30) days of the effective date of this Agreement or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit shall become a member of the Association or pay to the Association a service fee. The service fee shall be established by the Association. The service fee shall be payable to the Association in a one-lump, cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 6.1 of this article. In the event that a unit member shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 6.1, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in Section 6.1.

Section 6.3 - Alternate Payment. In the event a unit member cannot, for reasons of religious objection as provided for in Government Code Section 3546.3, pay the service fee to the Association, unit member shall not be required to join, maintain membership in, or financially support the Association as a condition of employment, except that such unit member shall be required, in lieu of the service fee, to pay a sum equal to such service fee to either the Colton High School Scholarship Foundation, the Bloomington High School Scholarship Foundation, any District or PTA fund that meets the provisions set forth in this subsection, or any charitable organization that meets the provisions of this subsection. Such payment shall be made within thirty (30) days from the date of commencement of assigned duties within the bargaining unit. Proof of payment shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of Sections 6.1 and 6. 2 above. Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment, in lieu of the service fee, has been made. Such proof shall be presented on or before October 1 of each school year.

Section 6.4 - Remitting Dues and Service Fee. With respect to all sums deducted by the District pursuant to Sections 6.1 and 6.2 above, whether for membership dues or service fees, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made.

Section 6.5 - Information . The Association shall furnish any information needed by the District to fulfill the provisions of this Article.

Section 6.6 - Indemnification. The Association agrees to pay to the District all reasonable legal fees, costs, and expenses incurred in defending against any court action and/or administrative action before the Public Employment Relations Board challenging the legality and/or constitutionality of the agency fee provisions of this agreement or their implementation, and to pay any final judgment or settlement arising from such action. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried, or appealed. Within ten (10) days of proper service of a claim, demand, suit, or other legal action against any protected Party, the District shall inform the Association and provide the Association with copies of any documents received as a result of the legal action. Upon request, the District shall provide the Association’s legal counsel with documents and information reasonably related to providing a defense.

Section 6.7 - Implementation and Term of Service Fee. The provisions of Section 6.2 and 6.3 were implemented upon a majority vote of voting unit members. The election was conducted by the Public Employment Relations Board.

01: Recognition

Category: Articles 1-6

ARTICLE 1: RECOGNITION

Section 1.1 - Exclusive Representative. Pursuant to the requirements of the California Government Code Sections 3540, et seq. the District recognizes the Association as the exclusive representative of the Unit described as follows: All full- and part-time contract certificated employees of the District excluding the management, confidential, and supervisory employees listed below:

1. Superintendent

2. Assistant Superintendents

3. Directors

4. Assistant Directors

5. Supervisors

6. Consultants

7. Principals

8. Assistant Principals

9. Coordinators

10. Specialized Funded Programs as listed: Drug & Mental Health

Also excluded are: Day to Day Certificated Substitutes Teachers and/or Casual Employees

Section 1.2 - Classification. The District shall consult with the Association on all new job classifications and their placement in Section 1 prior to the posting of said new job classifications.

Section 1.3 - Unit Member Work. The District recognizes that the professional duties performed by bargaining unit members, as defined in this Article, shall not be assigned to classified employees. The District will meet and confer with the bargaining unit prior to contracting out certificated duties.

02: Notice

Category: Articles 1-6

ARTICLE 2: NOTICE

Whenever provision is made in this Agreement for the giving, service, or delivery of any notice, statement, or other instrument, the same shall be deemed to have been duly given, served, or delivered either upon personal delivery or by mailing the same by United States mail, or District mail, to the party entitled thereto at the address set forth below:

DISTRICT: ASSISTANT SUPERINTENDENT, HUMAN RESOURCES