TABLE OF CONTENTS
1.1 Unit
Definition 1-1
1.1.1 Not For Credit Contract Education 1-1
1.2 50%
Law 1-1
1.3 Positions
in Unit Definition 1-1
Coordinator Units 1-2
1.4 Modification
to Unit 1-3
1.5 Temporary Employee Equity 1-3
(b) Step Movement 3-1
(c) Substitute Pay 3-1
(d) Retroactive Increase 3-1
(e) Stipend Rate 3-1
3.1 Definition of Part-Time Equity
and Part-Time Equity Formula 3-1
3.2 Intersession Rate – Credit
Program 3-1
3.3 Compensation Formula:
Temporary Unit Members 3-1
Non-Credit Semester Program
on Campus
3.4 Compensation
Formula: Unit Members Working in Non-Credit 3-2
Service Program
3.5 Initial and Highest Salary
Placement: Temporary Unit Members 3-2
Working in the Credit
Program
3.6 Definition
of Earned Doctorate 3-2
3.7 Unit
Members: Compensation for Work Performed Beyond
175 Days 3-2
3.8 Management
Teaching Salaries 3-2
3.9 Placement
and Vertical Movement (Steps): Probationary Full-Time 3-2
3.9.1.1 Initial Step Placement 3-3
3.9.1.2 Step Placement Limit 3-3
3.9.1.3 Step Placement: When Exercising Retreat Rights 3-3
3.9.1.4 Advanced Placement Standards for Probationary/ 3-3
Retreating
and/or Permanent/Returning Unit Members
3.9.1.4.1
Definition
of Eligible Faculty 3-3
3.9.1.4.2 Application Process: Advanced Placement 3-3
3.9.1.4.3 Advanced Placement Standards & Criteria 3-4
3.9.1.4.4 Voluntary Retraining 3-5
3.9.1.4.5 Compensation for Voluntary Retraining 3-6
3.9.1.4.6 Extension of Retraining Period 3-6
3.9.1.4.7 Service Continuity 3-6
3.9.2 Credible Work Experience 3-6
3.9.3 Salary Placement: Retreating
Managers 3-6
3.9.3.1 Credible Service Prior to COM 3-6
3.9.3.2 Management Service 3-7
3.9.3.3 Total Credible Service 3-7
3.9.4 Returning
Unit Members Meeting Advanced Placement Standards 3-7
3.9.4.1 Definition of ‘Completed Year’ 3-7
3.9.4.2 Non-Teaching Faculty Experience 3-7
3.9.4.3 Vocational Instructors Teaching and Experience 3-7
3.9.4.4 Teaching Assistant/Student Teaching Experience 3-7
3.9.4.5 Part-time Credible Work 3-7
3.9.5 Temporary Non-Credit Unit
Members: Initial Step Placement 3-7
3.9.6 Vertical Step Movement on
the Salary Schedule 3-8
3.9.6.1 Permanent/Probationary Unit Members 3-8
3.9.6.2 Equivalent Non-Credit Service 3-8
3.9.6.3 Temporary Credit Unit Members 3-8
3.9.6.4 Temporary Non-Credit Unit Members 3-8
3.9.7 Horizontal Movement on the
Certificated Salary Schedule 3-8
3.9.7.1 Materials Required 3-9
3.9.7.2 Limitations on Receiving Credit 3-9
3.9.7.3 Time Limits for Submission of Documentation 3-9
3.9.7.4 Column Movement for Temporary Credit Unit Members 3-9
3.9.8 Notification of Initial Step
Placement 3-9
3.9.9 Challenge to Placement:
Permanent/Probationary Unit Members 3-9
3.9.9.1 Retreating Managers: Applicability of Agreement 3-9
3.9.9.2 Other Unit Members Hired After
3.9.10 Listing of Vocational
Related Disciplines 3-10
3.10 Office
Hour/s: Part-Time Credit Faculty 3-10
Full-Time Credit Faculty With
Overload
3.11 Payment
Schedule for P-T Temporary Intersession Assignments 3-10
3.12 Compensation:
Unit Members Assigned to Children’s Centers 3-11
3.13 Initial
Placement on Children’s Center Salary Schedule 3-11
3.13.1 Current Unit Members 3-11
3.13.2 Newly Hired Unit Members 3-11
3.13.3 Initial Vertical Placement 3-11
3.13.4 Vertical Movement on Children’s Center 3-12
Salary Schedule
3.14 Horizontal
Movement on Children’s Center Salary Schedule 3-12
3.14.1 Required Documentation 3-12
3.14.2 Time Limit for Submission of Documentation 3-12
3.14.3 Notification of Initial Step Placement 3-12
3.15 Site Supervisor: Summer
Session/Short Term Leave 3-12
Rate of Compensation
3.16 Compensation:
Reassigned Time, Overload & Stipend 3-12
3.17 Payment
for Overload Unit(s) 3-13
3.17.1 Salary: Reduced Load 3-13
4.1.1 Durable Medical Coverage for Kaiser 4-1
4.1.2 Prescription Co-Payment: Kaiser 4-1
4.1.3 FlexNet 4-1
4.1.4 Benefits: Unit Members Assigned to 4-2
Children’s Center
4.2 Health Coverage: Temporary
Credit and Non-Credit 4-2
Unit Members
4.3 Insurance Coverage:
Notification Guidelines 4-2
4.4 Insurance Committee 4-3
4.5 AD&D
Insurance 4-3
4.6 Payroll Deduction for
Benefits 4-3
4.7 Medical Waiver 4-3
4.8 Life Insurance 4-3
4.9 CRA Trust 4-4
4.10 Domestic Partners 4-4
4.11 Fringe Benefits for Retirees 4-6
4.11.1 Unit Member/Retired on Disability 4-6
4.11.2 Unit Member/Non-Disability Retirement 4-6
4.11.3 Dental Coverage 4-6
4.11.4 Senior Medical Programs 4-6
4.12 Phased-In Early Retirement 4-6
4.13 Retirement Incentive Program
for Years 2002-2004 4-7
5.1 Reporting
Absences/Definition of “Day” 5-1
5.2 Sick Leave 5-1
5.2.13 Donation of Sick Leave to Other Unit Member 5-2
5.2.14 Use of Sick Leave for Illness of Child, 5-2
Parent or Spouse
5.2.15 Use of Sick Leave for Terminal Illness or 5-2
Spouse/Partner,
Child, Parent
5.3 Substitution: Faculty 5-2
5.4 Personal
Necessity Leave 5-3
5.5 Conference
Leave/Professional Affairs Committee 5-3
5.5.1 Operational Definition of Professional 5-3
Affairs Committee
5.5.1.1 40% FTE Criteria 5-3
5.5.1.2 Definition of Conference Leave 5-3
5.5.1.3 Calculation of Conference Day Allotment 5-4
5.5.1.5 Criteria for Conference Day Allotment 5-4
Beyond Four (4) Days
5.5.1.6 Timeline for Submission of Request 5-4
5.5.1.7 Reference to Leaves Specified in Article 13.15 5-4
5.5.2 Expense Reimbursement 5-4
5.5.3 Funding for Conference and Honorary Leaves 5-4
5.5.3.1 Conference/Honorary Leave Travel Fund Allotment 5-4
5.5.3.2 Substitute Fund Allotment/No Carry-Over of Funds 5-4
5.5.3.3 Travel Award Schedule 5-5
5.5.3.4 Eligibility While on Leave 5-5
5.5.3.5 Eligible Workshops/Activities 5-5
5.5.3.6 Use of Substitutes 5-5
5.5.3.7 District-Directed Travel 5-5
5.5.3.8 Request for Reimbursement Timeline 5-5
5.5.4 Criteria 5-5
5.6 Sabbatical
Leave 5-6
5.6.1 Purpose 5-6
5.6.1.1 Formal Study 5-6
5.6.1.2 Independent Study 5-6
5.6.1.3 Travel 5-6
5.6.2 Application 5-6
5.6.3 Eligibility 5-6
5.6.4 Extent 5-6
5.6.5 Distribution 5-6
5.6.6 Compensation 5-7
5.6.7 Criteria 5-7
5.6.8 Application Procedure 5-7
5.6.9 Accident or Illness 5-8
5.6.10 Return to Service/Final Report 5-8
5.6.11 Inability to Complete Approved Leave 5-8
5.6.12 Reduction of Sabbatical 5-9
5.7 Legislative Leave 5-9
5.8 Unpaid Leave 5-9
5.9 Bereavement Leave 5-10
5.10 Military Leave 5-10
5.11 Industrial/Accident Leave 5-10
5.12 Jury Duty 5-11
5.13 Pregnancy/Disability 5-11
5.14 Disability Leave 5-11
5.15 Honorary Leave 5-11
5.16 Assault Leave 5-12
5.17 Unit Banking Program 5-12
5.17.1 Definition 5-12
5.17.2 Sabbatical Leave 5-12
5.17.3 Reduced Loads 5-13
5.17.3.1 Other Certificated 5-13
5.17.4 Unpaid Leave 5-13
5.17.5 Procedure for Banking Units 5-14
5.17.6 Notification 5-14
5.18 Employee/Family Care Leave 5-14
5.18.1 Eligibility 5-14
5.18.2 Purposes for Which Leave May Be Taken 5-14
5.18.3 Duration of Leave 5-15
5.18.4 Time for Commencement of Leave 5-15
5.18.5 Employee Notice 5-15
5.18.6 Continuation of Benefits 5-15
5.18.7 Status While on Leave 5-16
5.18.8 Husband and Wife Employees 5-16
5.18.9 Medical Certification of Serious
Health Condition 5-16
5.18.10 Right to Reinstatement 5-16
5.18.11 Procedure for Applying 5-16
5.19 Leave Provisions-Unit
Members Assigned to Children’s Center 5-16
6.1 Voluntary Temporary Transfer 6-1
6.1.1 Procedures 6-1
6.1.1.1 Definition: Voluntary Temporary Transfer 6-1
6.1.1.2 Minimum Qualifications 6-1
6.1.1.3 Experience 6-1
6.1.1.4 Program Considerations 6-1
6.1.1.5 Seniority 6-1
6.2 Permanent Transfer 6-1
6.3 Involuntary Transfer 6-1
6.3.1 Reasons for Transfer 6-1
6.3.2 Assignment 6-2
6.3.3 Notice Period 6-2
6.3.4 Vacancy Consideration 6-2
6.3.5 Reduced Load Request 6-2
6.4 Assignments 6-2
6.5 District Directed
Assignments 6-3
6.6
6.7 Relocation of Unit Members 6-3
6.8 Assignment of Temporary
Credit Units 6-3
6.8.1 Definitions 6-4
6.8.2 Eligibility 6-5
6.8.3 Assignment of Eligible Temporary Credit 6-6
Unit Members
6.9 Assignment of Temporary
Non-Credit Units 6-6
6.9.1 Definitions 6-6
6.9.2 Eligibility 6-6
6.9.3 Assignment of Eligible Temporary Non-Credit 6-7
Unit Members
6.10 Retirees
in 1991/1992 – ETCUM/ETNUM Status 6-7
6.10.1 Retirees in 1993 – ETCUM Status 6-7
6.10.2 Retirees in 1996 – ETCUM Status 6-7
6.10.3 Retirees 1998-2001 – ETCUM Status 6-8
6.10.4 Retirees 2002-2004 – ETCUM Status 6-8
6.11 ETCUM/ETNUM/RETCUM/RETNUM –
Notification to HR 6-88
6.12 Hold
Harmless and Indemnify 6-9
6.13 Assignment for Student
Recruitment and Enrollment 6-9
6.14 Explanation of Provisions
Applying to Unit Members in 6-9
Children’s Center
7.0 Purpose 7-1
7.0.1 Private Lives of Unit Members Not Part of Evaluation 7-1
7.1 Criteria for Evaluation:
Instructional Faculty, Counselors, 7-1
Librarians
7.1.4 Off-Site Clinical/Laboratory Faculty Evaluation 7-3
(Permanent/Probationary/Temporary)
7.2 Evaluation
Procedures: Probationary Unit Member 7-3
7.2.1 Purpose 7-3
7.2.2 Frequency 7-3
7.2.3 Content 7-3
7.2.4 Evaluation Team Members 7-3
7.2.5 Processes/Responsibilities of Each Team
Member/Time
Lines
(See Chart A –
Page 7-4 to 7-6)
7.3 Evaluation Procedures:
Permanent Unit Member 7-7
7.3.1 Purpose 7-7
7.3.2 Frequency 7-7
7.3.2.1 Exemption 7-7
7.3.3 Evaluation Cycle 7-7
7.3.4 Content 7-7
7.3.5 Evaluation Team Members 7-7
7.3.6 Processes/Responsibilities of Each
Team
Member/Times
Lines
(See Chart B 1
– Page 7-8 & 7-9 and
Chart B 2 –
Page 7-10 & 7-11)
7.3.7 Recommendations for Individual Improvement 7-12
7.3.8 Causes for Further Action 7-12
7.4 Evaluation Procedures:
Temporary Non-Credit Unit Member
(See Chart C – Page 7-13 &
7-14)
7.5 Evaluation Procedures:
Community Service (fee based) Unit Member
(See Chart D – Page 7-15)
7.6 Evaluation Procedures:
Temporary Credit Unit Member
(See Chart E – Page 7-16
through 7-18)
7.7 Faculty Assignments as Peer
Evaluators 7-19
7.7.1 Failure of Peer Evaluator to Meet 7-19
Evaluation Responsibilities
7.8 Personnel Files 7-19
7.9 Children’s Center Faculty
Evaluation Criteria 7-20
7.9.1 Purpose 7-20
7.9.2 Frequency 7-20
7.9.3 Content 7-20
7.9.4 Evaluation Team Members for Probationary and 7-20
Temporary/Part-Time CC Unit
Members
7.9.5 Evaluation Process: Probationary and Temporary/ 7-21
Part-Time CC Unit Members
7.9.6 Evaluation Process: Permanent CC Unit Members 7-22
7.9.7 Recommendations for Individual Improvement 7-23
7.9.8 Causes for Further Action 7-23
(Reference to
Article 7.3.8)
7.10 Children’s Center Unit
Members – Other Personnel File 7-23
8.1 Work
Week: Full Time Unit Member 8-1
8.1.2 Voluntary Professional service Duties 8-1
8.2 Teaching Load 8-1
8.2.1 Definition 8-1
8.2.1.1 249 Offerings 8-1
8.2.2 Annual Load Determination 8-1
8.2.2.1 “Roll Over” of Unit 8-1
8.2.2.2 Reassigned Time/Reduced Load 8-1
8.2.2.3 Sabbatical Leave 8-1
8.2.2.4 Hour/Class Time Requirement 8-1
8.2.2.5 Semester, Overload, and Intersession
Assignments 8-1
8.2.3 Payment for Overload Unit(s) 8-2
8.2.3.1 Salary: Reduced Load 8-2
8.2.3.2 Cancellation of Course/Assignment 8-2
8.3 Union/District Workload
Committee 8-2
8.3.1 Activities for Use of Reassigned Time, 8-2
Overload & Stipend
8.3.2 Request Categories 8-3
8.3.3 Criteria Evaluated 8-3
8.3.4 Criteria Evaluated by Category 8-4
8.3.5 Personal and Institutional Development 8-4
(See Chart on
Page 8-6)
8.3.5.1 Academic Senate Sub-committee 8-5
8.3.6 Applicant Request: UDWC Prerogative 8-5
8.3.7 Agreement: Reassigned Time, Overload & Stipend 8-5
8.3.8 Determination of Available Units or Stipend 8-5
8.4 Full-Time Instructor’s
Schedule 8-7
8.5 Office Hours 8-7
8.5.1 Full-Time Credit Instructors 8-7
8.5.1.1 Media Courses 8-7
8.5.2 Split Assignment 8-7
8.6 Counselors’ Schedule 8-7
8.6.1 Work Week 8-7
8.6.2 Workyear 8-8
8.6.3 Intersession Rate of Compensation 8-8
8.7 Librarians’ Schedule 8-8
8.7.1 Work Week 8-8
8.7.2 Workyear 8-8
8.8 School Nurses’ Schedule 8-8
8.8.1 Work Week 8-8
8.8.2 Workyear 8-8
8.9 Other Non-Instructional Unit
Member Schedule 8-8
8.10 Coaches’ Workyear 8-8
8.11 Teaching Load in the
Non-Credit Semester Program 8-9
8.12 Department Chairs 8-9
8.12.1 Procedures 8-9
8.12.2 Responsibilities 8-10
8.12.3 Compensation 8-11
8.13 Managers: Teaching 8-12
8.14 Permanent Unit Member:
Reduced Load 8-12
8.15 Overload 8-13
8.15.1 Regular Overload 8-13
8.15.2 Other Overload 8-13
8.15.3 Teaching Overload Limit 8-13
8.15.4 Overload: Counselor/”Other” Non-Instructional 8-13
8.15.5 Overload/Temporary Compensation Formula: 8-13
Librarian & School Nurse
8.16 Intersession
Assignment 8-13
8.17 Faculty Hiring 8-14
8.18 Special Skills Courses 8-14
8.19 Media Courses 8-14
8.19.1 Definition 8-14
8.19.2 Schedule 8-14
8.19.3 No Requirement to Teach Media Course 8-14
8.20 Distance Learning Course 8-14
8.21 Extended Workyear 8-14
8.22 Lecture/Laboratory Workload
– Credit Courses Only 8-15
8.22.1 Operational Definitions 8-15
8.22.2 Lecture/Laboratory Unit Values 8-15
8.22.3 Procedure for Assigning Lecture/Laboratory 8-16
Unit Values
8.23 Workload – Unit Members
Assigned to Children’s Center 8-16
8.23.1 Supervisor 8-16
8.23.2 Assistant Site Supervisor 8-16
8.23.3 Lead Teacher 8-16
8.23.4 Teacher 8-16
8.23.5 Intersession Assignment/Additional Workload 8-17
8.23.6 Work Assigned Outside the Academic Year 8-17
8.24 Nursing
Faculty Workload 8-17
Article 9: Calendar 9-1
9.1 Academic Year/Final
Examinations 9-1
9.1.1 Commencement 9-1
9.1.2 Final Examination Format 9-1
9.1.3 Final Examination Location 9-1
9.2 Academic Calendar 9-1
9.3 Calendar Committee 9-1
9.3.1 Center Calendar 9-1
9.4 Intersession/Non-Credit
Offerings 9-1
9.5 Non-Credit Calendar 9-1
9.6 Holidays 9-1
9.7 UPM-MCCD Staff Development
Committee 9-1
9.7.1 Composition/Charge 9-1
9.7.2 Unit Member Proposals for Workshops/Meeting 9-1
Presentations:
Review/Approval Process
9.7.3 Staff Development Funds/Expenditure Process 9-1
Article 10: Class Size
10.1 Minimum Class Size 10-1
10.1.1 Normal Class Size 10-1
10.1.2 Class Cancellation 10-1
10.1.3 Exceptions to
10.2 Maximum Class Size 10-1
10.2.1 Procedure for Setting Maximum Class Size 10-1
10.2.2 Review by UDWC 10-1
10.2.3 Identical Class: Different Class Size 10-1
10.3 Class Size – Children’s
Center 10-1
Article 11: Safety
11.1 District Safety Goal 11-1
11.2 Compliance with OSHA
Regulations 11-1
11.3 Safety Committee 11-1
11.3.1 Composition 11-1
11.3.2 Charge 11-1
11.3.3 Emergency Meeting 11-1
11.3.3.1 Non-Emergency Conditions 11-1
11.4 Procedure in Event of Threat
to Safety 11-1
11.5 Mandatory Safety Training 11-1
11.5.1 Types of Training Required 11-1
11.5.2 Schedule of Training/Flex Credit 11-1
11.5.3 Student Instruction 11-1
Article 12: Grievance
12.1 Establishment of Procedure 12-1
12.2 Definition 12-1
12.2.1 Grievance 12-1
12.2.2 Grievant 12-1
12.2.3 Day 12-1
12.2.4 Immediate Supervisor 12-1
12.3 Grievance Filing 12-1
12.3.1 Who May File 12-1
12.3.2 Same Grievance/Multiple Grievants 12-1
12.3.3 Grievance Form 12-1
12.4 Representation 12-1
12.4.1 UPM/AFT Representation 12-1
12.4.2 Meeting with Administrator(s) 12-1
12.5 Automatic Step 2 Level
Grievance 12-2
12.5.1 Action of Central District Authority 12-2
12.5.2 Action of Authorized Committee 12-2
12.5.3 Student Academic Grievance 12-2
12.6 Appropriate Grievance Step
by Mutual Agreement 12-2
12.7 Limits/Access to Documents 12-2
12.7.1 Grievant: Time Limits 12-2
12.7.2 UPM/Grievant: Access to Documents 12-2
12.7.3 Management: Time Limits 12-2
12.8 Written Notice by Certified
Mail 12-2
12.9 Non-Retaliation 12-2
12.10 Filing a Grievance 12-2
12.10.1 Informal Resolution 12-2
12.11 Step
One: Formal Communication & Resolution of Grievance 12-2
12.11.1 Grievant Time Frame/Procedure 12-2
12.11.2 Supervisor Time Frame/Procedure 12-3
12.12 Step Two: Appeal of Step One
Decision 12-3
12.12.1 Grievant Time Frame/Procedures 12-3
12.12.1.1 Automatic
Step 2 Level Grievance 12-3
12.12.1.2 Grievance
Document 12-3
12.12.2 Management Time Frame/Procedures 12-3
12.13 Step Three: Binding
Arbitration 12-3
12.13.1 UPM Agreement to Arbitration/Request Procedure 12-3
12.13.2 Selection of Arbitrator 12-3
12.13.3 Arbitrator: Jurisdiction & Authority 12-3
12.13.4 Waiver: Statutory Remedies/Right to Any 12-3
Legal Process
12.14 Miscellaneous 12-4
12.14.1 Commencement of Time Limits 12-4
12.14.2 Grievant: Conformance to Original Decision 12-4
of Supervisor
12.14.3 Confidentiality of Process/Grievance
Materials 12-4
12.14.4 UPM/Grievant: Access to Non-Confidential 12-4
Records &
Documents
12.14.5 Release Time 12-4
13.1 Distribution of CBA 13-1
13.2 Agreement Precedence 13-1
13.3 No
Action Taken in Violation/Inconsistent with CBA 13-1
13.4 Any Provision Contrary to
Law/Other Provisions Apply 13-1
13.5 Information Requests to
District 13-1
13.6 District Provided List of
Unit Members 13-1
13.7 Facilities Use 13-1
13.8 Communications 13-1
13.9 Union Representatives:
Access to Unit Members 13-1
13.10 Meet to Discuss Mutual
Problems 13-2
13.11 Unpaid
Leave of Absence 13-2
13.12 Reassigned
Time/Overload 13-2
13.13 Office
Spaces 13-2
13.14 Meet
and Confer 13-2
13.15 Paid
Conference Leave 13-2
Article 14: District Rights 14-1
Article 15: Reduction in Force 15-1
15.1 Bumping Rights 15-1
15.1.1 Lay-Off Notification 15-1
15.1.2 Transfer 15-1
15.1.3 Transfer Notification 15-1
15.2 Re-Employment Rights 15-1
15.3 Seniority Rights During
Re-Employment 15-2
15.4 Salary & Fringe Benefit
Coverage of Re-Employed 15-2
Unit Members
15.6 Right to Assignment: Unit
Members on Re-Employment List 15-2
15.7 Lay-Off Notification 15-2
15.8 Competency Criteria 15-2
15.9 Competency for Bumping into
Adult Education 15-4
15.10 Competency for Bumping into
ESL Instruction 15-5
15.11 Competency for Bumping into
Disabled Instruction 15-5
15.12 Minimum Qualifications 15-5
15.13 Faculty Service Areas 15-6
15.14 Competency for Bumping into
Children’s Center 15-7
Article 16: Upgrading of Temporary and Permanent
Part-Time Faculty 16-1
16.1 Filling of Permanent
Positions 16-1
16.1.1 Discretionary Hires 16-1
16.1.2 Definition: Total Number of Hires
16-1
16.1.3 Non-Instructional Upgrade 16-1
16.2 Part-Time/Full-Time Ratio 16-1
16.2.1 Identification of Instructional FTE 16-1
16.2.2 Units Eliminated 16-1
16.2.3 Tie Vote 16-2
16.3 Time Line for Completing
Upgrade 16-2
16.4 39 Teaching Unit Provision 16-2
16.5 Ranking of Disciplines 16-2
16.6 Breaking the Tie 16-3
16.7 Discipline Exception 16-3
16.8 Hiring Order of Positions 16-4
16.9 Right to Additional
Upgrading 16-4
16.10 WSCH/FTE Procedure 16-4
16.11 Temporary Credit Unit
Member: Advancement to Interview 16-4
16.12 Hiring of Sabbatical Leave
Replacements 16-4
16.13 Substitute Positions 16-5
16.14 Upgrading for the Library
Discipline 16-4
16.15 Upgrading for the Counseling
Discipline 16-5
Article 17: Academic Freedom 17-1
Article 18: Non-Discrimination 18-1
Article 19: Severability 19-1
Article 20: Concerted Activities 20-1
Article 21: Representation/Service Fee 21-1
21.1 Employee Rights 21-1
21.2 Unit Member’s Obligation to
Exclusive Representative 21-1
21.3 Representation Fee 21-1
21.4 Payment Method 21-2
21.5 District’s Obligation 21-3
21.6 Hold Harmless and Indemnify
Provision 21-3
Article 22: Completion of Agreement 22-1
Article 23: Term 23-1
Article 24: Professional Standards 24-1
Professional Standards Committee 24-1
AAUP Statement 24-1
24.0 Disciplinary Procedures 24-2
24.0.1 Initial Notification Period/Process 24-2
24.0.2 Warning Letter 24-2
24.0.3 Provisions Where Warning Letter Applicable 24-2
24.0.4 Disciplinary Procedures – Temporary, Part-Time 24-3
Unit Members
24.1 Smoking 24-3
24.2 Discrimination/Harassment 24-3
24.3 Class Rosters/Final
Grades/Academic Information/ 24-5
District Equipment
24.4 Use
of District Equipment Off Campus 24-7
24.5 Failure to File Absence
Report 24-7
24.6 Failure to Provide
Contractually Required Notice 24-7
for Absence and Personal
Necessity Leave
24.7 Failure
to Perform Contractually Required Sabbatical 24-8
Assignments
24.8 Failure
to File Required Sabbatical Report 24-8
24.9 Failure to Complete Required
Evaluation Procedures 24-9
24.10 Failure to Perform
Contractually Required Service as 24-9
an Evaluator
24.11 Failure
to Meet terms of Individual Unit Member’s Contract 24-9
Workload Committee
24.12 Failure
to Meet Contractually Required Classes and/or 24-9
Hold Contractually Required
Office Hours
24.13 Failure
to Perform Contractually Required Flex-Time 24-10
Assignments
24.14 Student
Complaints 24-10
Definitions 24-10
Faculty Rights 24-11
Professional
Standards/Faculty rights in Parent Complaint Process 24-13
Article 25: Copyright 25-1
Article 26: Reasonable Accommodation 26-1
26.0 Reasonable Accommodation 26-1
26.1 Procedure 26-1
26.2 Medical Verification 26-1
26.3 District Process – Review of
Request & Information 26-1
26.4 Required
Notice to UPM & UPM Request for Negotiations 26-1
26.5 Unit
Member’s Appeal of Denial of Request 26-1
26.6 Confidentiality
of Information 26-2
Sidebar Agreement SDB-1
Credit Salary Schedule –
Effective
Children’s Center Salary Schedule
– Effective
Credit Salary Schedule –
Effective
Children’s Center Salary
Schedule – Effective
Children’s
Other Sidebar/MOU Agreements
Not Incorporated into CBA
CBA Specific Forms
The District may
provide Not-for-Credit Contract Education courses as provided herein:
PREAMBLE
This Agreement is
entered into this 15th day of November, 2005 by and between United
Professors of Marin, AFT Local 1610 (hereinafter referred to as
"UPM/AFT" or UPM) and the Marin Community College District
(hereinafter referred to as "District" or MCCD).
ARTICLE
1: RECOGNITION
1.1 For
the purposes of this Agreement, the Unit shall include:
(a) all
permanent/probationary faculty;
(b) all
faculty employed in FTES generating instruction;
(c) all
faculty employed in fee based (non-FTES and not for credit contract education)
instruction whose period of employment is twelve (12) or more days in a
contract year (a contract year runs from July 1 to June 30) provided for in
Article 1.1.1.
(d) all
temporary credit faculty;
(e) the following
Children’s Center positions: Children’s Center Site Supervisor, Children’s
Center Lead Teacher, Children’s Center Teacher (employee holding a “Teacher”
and/or “Associate Teacher” permit).
1.1.1 Not-For-Credit Contract Education.
ARTICLE
2: PAYROLL DEDUCTIONS
(Entire Article Applicable to Children’s Center Unit Members)
2.1 The
District shall deduct dues, insurance, charitable contributions, assessments,
credit union and all other obligations due the bargaining unit from the wages
of all unit members of UPM/AFT 1610 on the date of the execution of this
Agreement and who have submitted dues authorization forms to the District.
2.2 The
District shall deduct dues, insurance, charitable contributions, assessments,
credit union and all other obligations due the bargaining unit from the wages
of all unit members who, after the date of the execution of this Agreement, become
members of UPM/AFT 1610 and submit to the District the dues authorization
forms.
ARTICLE
3: WAGES
3.0
(a) Effective
July 1, 2004 the steps and columns of the Credit and Noncredit Salary Schedules
for unit members (Appendix A-3, effective 1/1/2003) shall be increased by 1%
and paid retroactively from July 1, 2004. An additional 3% bonus shall be paid
to each unit member based on their placement on the adjusted salary
schedule(s).
(b). Effective July 1, 2005 the steps and
columns of the updated Credit and Noncredit Salary Schedules for unit members
shall be increased by 6% and paid retroactively from July, 2005.
(c). Effective
(d). Step movement of unit members on the
salary schedule is as provided in 3.9.6.
(e). All retroactive pay and benefit
compensation for 2004/05 and 2005/06 shall be disbursed within sixty (60) days
of the ratification of this agreement.
(f). Substitute
Pay: The current Substitute Instructor Salary Schedule shall be modified to
show the substitute rate equal to the stipend rate, to be increased the same
percentage rate as column 3, step on the updated Salary Schedule as of July 1,
2004, then July 1, 2005 and finally July 1, 2006.
(g). Stipend: The Stipend Rate of $52.88
shall be increased by the same percentage as column 3, step 10 on the Credit
Salary Schedule
3.1 Definition
of Part-Time Equity and Part-Time Equity Pay Formula
Part-time temporary credit unit members shall be paid pro-rata on the
credit salary schedule as determined by workload assignment and in accordance
with 1.5.1.
3.2 Intersession Rate - Credit Program
All unit members employed during intersession in the credit program shall
be paid pro-rata on the credit salary schedule as determined by workload
assignment and in accordance with 1.5.1.
3.3 Compensation Formula: Temporary Unit Members in
Non-credit Semester Program on Campus
(a) All temporary ESL unit members and
all other temporary unit members working in the non-credit semester program on
campus within the academic year shall be placed on the credit salary schedule
in accordance with their years of equivalent full-time service (where full time
equals 30 hours per week times 35 weeks = 1050 hours per academic year) and
shall be paid in accordance with the formula set forth in Section 3.1 and as
determined by the employee's placement on the credit salary schedule.
Salary shall be
determined according to the following formulas:
Lecture: First determine credit salary step an column.
Then hours per semester divided by 425 rounded to 4 decimal places x 15 units =
units. Then Annual Salary x number of unites divided by 30 unites x 80% = Semester
Payment divided by 5 = Monthly Salary.
Lab: First determine credit salary step and
column. Then hours per semester divided by 525 rounded to 4 decimal places x 15
units = units. Then Annual Salary x
number of units divided by 30 units x 80% = Semester Payment divided by 5 =
Monthly Salary.
Initial placement for
temporary ESL unit members working the non-credit semester program on campus
shall be no higher than Step 7. Step 14
is the highest step on the credit salary schedule for advancement.
(b) The non-credit instructor hourly
salary schedule shall be modified by increasing each of its steps and columns
by the same percentage increase given step 10, column 3 of the Credit Salary
Schedule (i.e., as granted due to the provisions of 3.0 (a) above) effective
7/1/2004.
3.4 Compensation Formula: Unit
Members Working in Non-credit Service Program
Unit members working in
the non-credit service program shall be paid based upon the hours of employment
and years of service as recognized on the current non-credit instructor hourly
salary schedule for all courses taught on a quarter schedule. Service in summer intersession assignments
(summer quarter) shall be counted for the purposes of establishing salary
longevity pay rates from
3.5 Initial and Highest Salary Placement: Temporary Unit
Members Working in the Credit Program
All ETCUMS employed
by the District prior to and including July 1, 2001 (when highest salary
placement was step 3) shall be reevaluated for advanced placement based on
prior work experience up to step seven.
All units earned at MCCD accrued, beginning July 1, 2001, will be
applied towards advancement on the salary schedule up to step 14. Reevaluation
shall be completed by
3.6 Definition of an Earned Doctorate
3.6.1 For
the purposes of salary placement and bonus awards, an "earned
doctorate" is defined as a degree containing the word "doctor"
which is awarded by an institution accredited, at the time of the granting of
the degree, by an organization acceptable to the
3.6.2 If
the degree is not granted by an organization that is acceptable to the
3.7 Unit Members: Compensation For Work Performed Beyond 175 Days
All
permanent/probationary unit members working in the credit and non-credit
semester programs on campus, paid on the credit salary schedule, and working
more than 175 days per academic year/work year shall be paid the intersession
rate for all work performed beyond 175 days of the academic year/work year (as
defined in 9.1 of the CBA).
3.8 Management Teaching Salaries
A manager who teaches
in the credit program may have that portion of his/her salary charged on the
instructional side of the 50% calculation.
The portion of salary charged shall be 86% pro-rata pay per unit
after determining the manager's placement on the "Credit Salary
Schedule" according to the same criteria used for all unit members working
in the credit program.
Since the State Chancellor's
Office will not accept modifications to the prior year CCFS-311 reports,
UPM/AFT agrees to accept the amounts submitted in all prior years for
pro-ration of management salaries for teaching.
3.8.1 Certificated
district managers assigned teaching duties in accordance with Section 8.13.1 of
the CBA are not members of the UPM Collective Bargaining Unit (see Section 1.2
of the CBA).
3.9 Placement and Vertical Movement (Steps)
3.9.1.1 Initial Step
Placement on the Credit Salary Schedule
All newly hired probationary unit members and District certificated management employees who become unit members (as provided for in Section 1.1 & 1.2 of the agreement) shall be placed on the credit salary schedule for the first time. They shall be asked to furnish information and documentation to Human Resources showing “creditable” (see 3.9.2) previous experience that would affect their initial step and column placement on the Credit Salary Schedule. The newly hired/probationary unit member will be tentatively placed no higher than step fourteen (14) on the salary schedule pending review of all required documents submitted to Human Resources. All previous "creditable" education and work experience must be documented before the end of the semester or summer session (except as provided for in Section 3.9.9.2). A change will be made in the salary placement and supplemental pay or payroll deduction accordingly, if:
1) Transcripts and other criteria defined herein (3.9.2) support a higher placement on the salary schedule or
2) Transcript(s) and/or letters(s) certifying experience, submitted within the semester or summer session, do not verify sufficient and/or creditable course work or experience (defined above) to justify the tentative placement or
3) No documentation is provided by the end of the semester or summer session in which the work takes place.
If the documentation is furnished after the end of the semester or summer session, a salary schedule adjustment will be effective the first pay period following submission of sufficient documentation. There shall be no retroactive payment.
Initial vertical placement on the Credit Salary Schedule shall be determined solely on the basis of the criteria and procedures enumerated herein.
3.9.12 Step Placement Limit
Work that is determined by Human Resources to be “creditable work experience” shall be granted on a year for year basis (except as provided for herein). Initial step placement of permanent/ probationary unit members on the credit salary schedule shall not exceed step fourteen (14) on any column (except for retreating and/or returning managers qualified for “advanced placement”), nor step 7 on any column of the credit salary schedule for temporary credit unit members except as provided for herein.
3.9.1.3 Any district employee exercising his/her right to retreat into the bargaining unit as a first year probationary unit member (E.C. 87458) shall be initially placed as provided for in 3.9.1.1 and 3.9.1.2 above.
3.9.1.4 Advanced Placement Standards
As an incentive, the District shall offer advanced placement (beyond Step fourteen (14) for probationary/retreating and/or permanent/returning unit members on the Credit Salary Schedule.
3.9.1.4.1 Applicability
of This Provision
This section of the agreement applies to unit members from the following categories who request advanced initial placement on the Credit Salary Schedule:
(a) Faculty assigned to the unit from a previous non-unit administrative, managerial, confidential or supervisory position (retreating) who were initially employed by the District after July 1, 1990, in an administrative, supervisory position requiring certification qualifications who became a regular employee as a classroom instructor pursuant to Education Code 87458, and who were not employed under a lifetime credential as of July 1, 1990 and who had not previously been placed on the credit salary schedule.
(b) All other faculty (retreating) assigned to the unit from a previous non-unit, administrative, managerial, confidential or supervisory position in the District.
(c) All unit members who become managers and subsequently return to the unit.
3.9.1.4.2 Applying for Advanced Placement.
Retreating and returning district employees who anticipate entering the bargaining unit and applying for "advanced initial" or “advanced returning" placement, shall complete an "Assessment form for Advanced Placement" and submit it to Human Resources and the UPM/AFT at least thirty (30) days prior to the beginning of the first year. The Advanced Placement form shall provide information demonstrating that the unit member has met the Advanced Placement standards cited below:
3.9.1.4.3. Advanced Placement Standards:
The unit member possesses one or more of the following credentials and satisfies the associated criteria:
1. CREDENTIAL MAJORS/MASTERS
OR HIGHER
(a) CREDENTIAL
SPECIFYING MAJORS:
Life CC Instructor
Life Standard Designated Subject
Life Special Secondary
Life Standard Secondary
HSPS Instructor/Grandparent Waiver
HSPS Instructor/Waiver
and nine (9) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,
or nine (9) semester units of upper division or graduate work in the discipline at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
(b) A Masters Degree or higher in the assigned discipline (see the UPM/MCCD Discipline List in 15.8.7 of the CBA)
and nine (9) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
or nine (9) semester units of upper division or graduate work in the discipline at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
(c) an MCCD Credential
and completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
2. CREDENTIAL MINOR
(a) CREDENTIAL
SPECIFYING MINORS:
Life CC Instructor
Life Standard Designated Subject
Life Standard Secondary
MCCD Minor Award
and twenty four (24) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
(b) A Masters Degree or higher in a related discipline and a Minor in the assigned discipline (see the UPM/MCCD Discipline List in 15.8.7 of the CBA)
and twenty four (24) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
3. CREDENTIAL NOT SPECIFYING A
MAJOR OR MINOR.
Life General Secondary
[Pre-Fisher]
and Master's Degree or higher in the assigned discipline (see the UPM/MCCD discipline list in 15.8.7 of the CBA) awarded by an accredited college or university or a comparable, accredited private institution.
and twenty four (24) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years.
4. LIFE CC LIBRARIAN OR MCCD
LIBRARIAN CREDENTIAL
and the equivalent to 15 teaching units of paid professional college library experience, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
5. LIFE CC COUNSELOR OR MCCD
COUNSELOR CREDENTIAL
and the equivalent to 15 teaching units of paid professional college counseling experience, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.
or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years. Unit members who meet the advanced placement criteria above, shall be assigned advanced initial placement or returning placement on the credit salary schedule (see 3.8.2, 3.8.3.1 and 3.8.3.2)
3.9.1.4.4 Unit members retreating or returning under the provisions of section 87458 of the Ed. Code and who have not met the advanced placement standards, may voluntarily undertake, at their personal expense, up to one academic year of retraining not to exceed the number of units necessary to comply with the standard.. Such training shall include up to one year of upper division or graduate credit units only in their assigned discipline/service at an accredited college or university or a comparable, accredited private institution (as defined in 3.6.1 and 3.6.2 of the CBA). Unit members who undertake such training shall be granted a paid leave of absence under Section 87764 of the Ed. Code for the purpose of retraining.
3.9.1.4.5 A Retreating/Returning manager who voluntarily retrains and who successfully completes a minimum of nine (9) units (per semester) shall be paid ninety percent (90%) of his/her salary (plus all fringe benefits including retirement contributions he/she would have received had he/she remained in active service). In the computation of the salary, extra pay for summer session, overloads, etc., shall be excluded. Retreating/returning managers must agree to remain in the employ of the District for two (2) years after return to service, unless otherwise provided for in the CBA.
3.9.1.4.6 The period for retraining provided for herein may be extended for extenuating circumstances, through the mutual concurrence of the college president and the UPM/AFT.
3.9.1.4.7 No leave of absence when granted to a contract employee shall be construed as a break in the continuity of service required for the classification of the employee as tenured. However, time spent on any unpaid leave of absence shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, tenure (see Ed. Code 87776).
3.9.2 Creditable Work Experience
For unit members, previous paid
employment experience (as an instructor, librarian, counselor, school nurse, or
other certificated employee as identified in Article 8, Workload, of the
agreement) is counted on a year for-year basis if it was equivalent to the
job/work assignment, such as full-time teaching in a high school or college
environment. Previous paid employment
experience is counted on a pro-rated basis if it was part-time, (i.e. credited
as a percentage of one year of equivalent full-time employment) or pro-rated if
only a portion of the duties were creditable. Elementary teaching, or
pre-school teaching, shall not be counted unless the subject matter is Early
Childhood Education. Paid non-teaching work directly related to
the teaching discipline is counted; e.g., work as a translator would be counted
for a language instructor, if satisfactorily documented. Other unrelated work experience is not
counted unless the employee meets the minimum qualifications or equivalency for
another professional area; e.g., counseling experience would be counted if the
person also meets the minimum qualifications or equivalency for employment in
the District as a counselor.
"Teaching Assistant" work does not count unless it was paid employment
and the TA had full responsibility for teaching the class. Student teaching is not counted.
3.9.3 Salary Placement of
Managers Who Retreat Into The Faculty and Who Meet the Requirements of Section
3.9.1.4.
3.9.3.1 Retreating Managers
Managers who retreat to the
bargaining unit or are reassigned to
the bargaining unit shall receive a salary placement for creditable service
performed prior to their employment at the
3.9.3.2 Certificated managers shall be granted credit on a year for year basis for the first nine (9) years of creditable certificated management service subsequent to their employment at the College. For each additional two years of service a certificated manager shall be granted one-year credit. For creditable
service after employment at the College a certificated manager may be granted a maximum of thirteen (13) years credit.
Example:
1 to 9 years 1 for 1 credit maximum 9
10-11 years 1 credit maximum 1
12-13 years 1 credit maximum 1
14-15 years 1 credit maximum 1
15-16
years 1 credit maximum 1
TOTAL 13
3.9.3.3 Creditable service under 3.9.3.1 and
3.9.3.2 shall be combined for certificated managers returning to the bargaining
unit. The maximum credits achieved under
3.9.3.1 shall be added to the maximum credits earned under 3.9.3.2. The combined total shall not result in a
salary placement beyond step fourteen (14)
for those who have not met the advanced placement standard. Retreating managers who have met the advanced
placement standard may advance to step 18.
3.9.4 Returning Unit Members (Certificated Managers) considered
to have met Advanced Placement Standards
Unit members who become managers and subsequently return to the unit within seven (7) years shall be subject to the provision's of 3.9.3.1 and 3.9.2. Unit members who transfer to a management position and return to the unit shall be granted credit on the certificated salary schedule for each completed year of District management service. The credited years of management service shall be added to the highest step the unit member earned before transferring to the management (to the maximum Step 20) [Example: The unit member's highest step placement before becoming a manager was step eleven (11). The unit member completed four years in a creditable management position and returned to the faculty. The unit member shall be placed at Step 15.] Returning managers who have been employed in the MCCD as certificated managers more than seven (7) consecutive years must qualify for advanced placement and satisfy the requirements of sections 3.9.1.4 through 3.9.1.4.7, inclusively; otherwise they shall be placed at the highest step they earned on the unit salary schedule prior to transferring to a management position.
3.9.4.1 A “completed year” is at least 75% of 222 work-days or 166.5 workdays within any calendar year. The initial step placement of permanent/probationary unit members on the Credit Salary Schedule shall not exceed step ten (10) on any column , nor step three (3) on any column of the Credit Salary Schedule for temporary credit unit members.
3.9.4.2 For non-teaching employees, experience in their professional field (e.g. Librarian, Counselor) is counted. "Intern" work will be counted if it is paid employment and independently performed, under supervision, after acquisition of the Masters Degree. Experience outside of the professional: field (e.g. teaching Math) is not counted unless the employee also meets the minimum qualifications for the other area(s).
3.9.4.3 For vocational instructors, both paid teaching and appropriate work experience are counted (as provided for in 3.9.1.1, 3.9.1.2 and 3.9.2).
3.9.4.4 "Teaching Assistant" work does not count unless it was paid employment and the TA was the official instructor of record. Student teaching is not counted. Unpaid "intern" work will not be credited.
3.9.4.5 Previous part-time work that is determined by the District Personnel Office to be a "creditable" work experience shall be credited on a pro-rated basis ( i.e. credited as a percentage of one year of equivalent full-time employment) and where applicable under the additional provisions defined in 3.9.2.
3.9.5 Temporary Non-Credit Unit Members
Initial step placement shall be in accordance with Articles 3.3 and 3.4 of the CBA.
3.9.6 Vertical Step Movement on the Salary
Schedule
3.9.6.1 Permanent/Probationary Unit Members
After initial placement on the credit salary schedule, vertical movement to a higher step for permanent faculty members will be effected once each year, effective July first (7/1) at a rate of one step for each 29.5 - 30.5 teaching units or equivalent non-credit service completed in the District, or for librarians, counselors, school nurse and other certificated unit members, one school year of full-time creditable work in the District. Permanent/probationary unit members teaching less than 29.5 units (or non-teaching unit members working less than a full school year) may also qualify for step movement in the following circumstances as approved by the Board: on a reduced load as long as they teach at least 18 units (60% in non-teaching positions) in the year excluding overloads and intersessions; on a phased-in early retirement program of at least one-half of the days of service required for a regular full-time assignment; on a paid medical leave of absence; on a sabbatical leave, legislative leave, family leave, military leave, jury duty leave, industrial accident leave, pregnancy/disability leave, disability leave and/or assault leave.
Permanent/probationary unit members hired at mid-year are required to complete three semesters before becoming eligible for salary step advancement. Permanent/probationary unit members not on phased-in early retirement, must be in paid status at least 75% of the assigned days in a school year for that year to be credited. No unit member may receive more than one (1) step (30 units) on the Credit Salary Schedule in any single contract year (e.g. July 1 to June 30).
3.9.6.2 Equivalent Non-Credit Service
All permanent/probationary unit members working in the non-credit program as part of their regularly assigned workload shall move on the Credit Salary Schedule in accordance with their years of pro-rated full-time service (when 700 lecture hours or 1050 laboratory hours per academic year constitute an equivalent full-time workload).
3.9.6.3 Temporary Credit Unit Members
Vertical movement to a higher step shall be at a rate of one
step for every 30 teaching units (or equivalent, i.e. for counselors,
librarians, school nurse, and other non-instructional unit members.) The teaching units earned in the
District shall be credited for movement not to exceed step 14 and will be
counted at the end of each semester or intersession. Teaching units earned at other institutions
shall be credited for movement not to exceed step 7 and will be counted if satisfactorily documented, but no
combination of inside-or-outside-the District teaching units beyond 30 in one
year will be counted for purposes of step movement. Advancement from Step 7 to Step 14 shall be based solely on teaching
experience (related work experience will not be credited). No credit will be given for teaching units
obtained outside the District for Step 8 or beyond. Temporary counselors, librarians, and other
temporary non-administrative certificated employees shall receive step
advances, with the same limitations as temporary credit teaching faculty based
on pro-rated full-time professional experience (i.e. percentage of unit
equivalents) Step movement for temporary credit employees who become eligible
will be effected at the end of the completed semester or intersession. No unit
member may receive more than one (1) step (30 units) on the Credit Salary
Schedule in any single contract year (e.g. July 1 to June 30).
3.9.6.4 Temporary Non-Credit Unit Members Step
Placement and Movement
After placement on the Non-Credit Instructor Hourly
Schedule, unit members shall move from step one following three (3) quarters of
district service. from step two following nine (9) quarters of district
service; from step three following eighteen (18) quarters of district service
in accordance with the provisions of the CBA (See Salary Schedule, Appendix
A). The UPM/AFT contract contains
specific exceptions to this rule; i.e., ESL and those teaching a semester
program on campus). Non-credit experience
obtained subsequent to initial placement will not change the unit member’s
Credit Salary Schedule placement. (The
UPM/AFT contract contains specific exceptions to this rule; i.e., ESL and those
teaching a semester program on campus).
3.9.7 HORIZONTAL MOVEMENT
ON THE CERTIFICATED SALARY SCHEDULE
3.9.7.1 Materials Required
Before movement to a higher column may be considered, a faculty member must present an official transcript of the college degree awarded, college units taken, or Continuing Education Units-(CEU) in Nursing, Learning Disabilities or Dental Assisting completed, which-would support the request for change in column on the salary schedule. The college or university must be accredited by the appropriate regional accrediting organization. If Continuing Education is required as a part of professional-status (i.e., Nursing, Learning Disabilities or Dental Assisting,) 15 hours of professional training equals one (1) unit.
3.9.7.2 Limitations on Receiving Credit
Only upper division or subject-related lower division college credit courses or CEU for Nursing, Learning Disabilities and Dental Assisting will be used for salary schedule purposes. Community College units will not be used for salary schedule column movement beyond the level of the bachelor’s s degree.
3.9.7.3 Time Limits for Submissions of
Documentation
All supporting documentation of initial column placement must be received within six months following placement. If received after that time, the change will be effected beginning with the next semester. For column change following initial placement, unit member must complete requirements for a higher salary class on the salary schedule by September 1 for a July 1 change and all supporting documentation must be received in the Personnel Office by the deadline of December 15 (12/15) for changes effective the preceding July first (7/1). For changes effective the preceding January first (1/1) unit members must complete requirements for a higher salary class on the salary schedule by March 1 for a January 1 change and all supporting documentation must be received in the Personnel Office by the deadline of June thirtieth (6/30).
3.9.7.4 Column Movement for Temporary Credit
Certificated Employees
The above paragraphs apply to any temporary credit unit members who are rehired. Temporary non-credit unit members who also teach credit courses, advance on both salary schedules according to the rules of each.
3.9.8 Notification of Initial Step Placement
Within fifteen working days of the initial step and column placement of a unit member on any District Salary Schedule, the District shall notify the unit member of said placement and shall provide UPM with a written explanation of the personnel office decision (e.g. the "Marin Community College District Salary Placement Form") and the subsequent district action. Should the unit member and/or UPM deem the proposed placement to be unsatisfactory the applicant and/or UPM may appeal via the provisions of the grievance procedure in Article 12 of the CBA.
3.9.9 Challenge to Placement by Permanent/Probationary Unit
Members
A permanent/probationary unit member whose employment in the district began after July 19, 1993 may, within 90 days of the effective date of this agreement, request a reevaluation of his/her placement on the credit salary schedule by submitting documentation for consideration by Human Resources. Applicants who request step placement credit for previous education and comparable work experience and are denied by the district, may appeal via the grievance provisions in Article 12 of the CBA.
3.9.9.1 Retreating
managers who become unit members and were
initially placed on the credit salary schedule after
3.9.9.2 All other unit members hired after
July 1, 2001 who did not receive placement credit as specified in the criteria
and procedures described herein shall have their work history reviewed by Human
Resources for the purpose of adjustment of initial step placement (to the step
14 maximum) and adjustment of their current step placement, including credit
earned for step movement subsequent to initial step placement. The adjustments shall be effective
3.9.10 Vocational-Related
Disciplines
"Vocational-Related Disciplines" are as follows:
Administration of Justice Dental Assisting: Registered
Auto Body & Fender Design: Applied
Auto Technology Design: Interior
Business/Accounting Electronics Technology
Business /Clerical Studies Engineering Technology
Business General Fire Science
Business Management Indian Justice Systems*
Business Office Studies Landscape Construction*
Business Off. Studies - Legal Landscape Maintenance*
Business Off. Studies - Medical Trans. Landscape Nursery Management
Business Real Estate Machine & Technology
Business Retailing Marine Envir.Technology
Business Small Medical Assisting
Business Management Nursing: Registered
Court Reporting Pre-School Education
Data Proc/Operation
Data Proc/Programmer
3.10 Office
Hour
(a) Unit members
teaching credit classes on part-time employment contracts for instruction in
the credit program and paid on the Credit Salary Schedule shall be in their
offices available for consultation with students:
Assigned Teaching Units No. of Expected Office
Hours Per Week of Instruction
0.1 to 3.0 One
(1)
3.1 to 6.0 One
and one-half (1+1/2)
6.1 to9.0 Two
(2)
9.1 to 12.0 Three
(3)
12.1 to 15.0 Four
(4)
(b) Unit members teaching credit classes on permanent/probationary employment
contracts for instructional overloads or intersessions and paid on the Credit
Salary Schedule, shall be in their offices available for consultation with
students:
Assigned Teaching Units No.
of Expected Office Hours Per Week of Instruction
0.1 to 3.0 One
(1)
3.1 to 6.0 One
and one-half (1+1/2 )
6.1 to9.0 Two
(2)
9.1 to 12.0 Three
(3)
12.1 to 15.0 Four
(4)
(c) Each instructor shall post outside his/her office, the office times when
he/she will be present to meet with students, list the office hour in the
course materials and provide written verification of the scheduled office
hour/s to his/her respective Dean/Director.
(d) The
office hour/s is not counted in the 60% load restriction [Education Code] for
temporary part-time instructions.
3.11 Payment Schedules for
Part-TimeTemporary/Intersession Assignments
3.11.1 Payment for part-time temporary assignments, including intersessions and stipends will be made within ten (10) working days following the end of the month in which the service is performed.
3.11.2 Payments for part-time temporary assignments will be made in five (5) equal payments in the semester, beginning with a mid-month payment in the first full month of a semester, (e.g. Classes beginning in August would begin to receive compensation on the September mid-month payroll). A unit member assigned a late start class shall begin to receive pay on the mid-month payroll following the month in which service began, (e.g. Class beginning in October – would begin to receive compensation on the November mid-month payroll.)
3.12 Compensation – Unit Members Assigned to the Children’s
Centers
3.12.1 All unit members assigned to the Children’s Center shall be placed on one of the Children’s Center Salary Schedules in Appendix A-2 or A-4 [dated documents] as determined by the placement criteria in Article 3.13 below.
3.12.2 The Children’s Center Salary Schedule shall be increased by the same percentage as the credit salary schedule for each year of this agreement
3.13 Initial Placement on the Children’s Center Salary
Schedule
3.13.1 Current Unit Members
Current unit members employed in the Children’s Center shall be initially placed on the appropriate step and column of the designated Children’s Center Salary Schedules A-3 or A-4 [dated documents] of this T.A., as defined below in 3.13.3 based on their prior employment in MCCD Children’s Centers in the position in which they are being placed as defined in Article 1.1 above. Unit members currently employed in the Children’s Center who move to a different job category shall be initially placed on the appropriate column on the designated Children’s Center Salary Schedule as defined below in 3.12.3 based on their qualifications in relation to the criteria set forth on the salary schedule. Step placement on the new salary schedule shall be at Step 1 (one) or on the nearest step that provides a minimum 5% increase over their present salary,
3.13.2 Newly Hired Unit Members
Children’s Center unit members hired after the signing of the T.A. and placed on the Children’s Center Salary Schedule for the first time shall be asked to furnish information and documentation to Human Resources showing “creditable” previous experience which would affect their initial step and column placement on the Children’s Center Salary Schedules. The newly hired unit member will be tentatively placed no higher than step two (2) on the salary schedule (pending review of all required documents submitted to Human Resources). Step 2 is the highest entering step for Children’s Center unit members. All previous “creditable” education and work experience must be documented before the end of the semester or summer session. A change will be made in the salary placement and supplemental pay or payroll deduction accordingly, if:
(a) Transcripts and other criteria defined herein support a higher step and/or column placement on the salary schedule, or
(b) Transcripts and/or letters certifying experience, submitted within the semester or summer session, do not verify sufficient and/or creditable course work, or
(c) No documentation is provided by the end of the semester or summer session in which the work takes place.
(d) If the documentation is furnished after the end of the semester or summer session, a salary schedule adjustment will be effective the first pay period following submission of sufficient documentation. There shall be nor retroactive payment.
3.13.3 Initial Vertical Placement
Initial vertical placement on the Children’s Center Salary Schedule shall be determined solely on the basis of the criteria and procedures enumerated herein. Articles 3.13.2, 3.13.3, 3.14.1, 3.14.2 and 3.14.3 set forth herein shall apply for initial placement of unit members.
3.13.4 Vertical Movement on Children’s Center
Salary Schedule
Unit members assigned to the Children’s Center shall move
one (1) step on the Children’s Center Salary Schedule for every four semesters
consisting of two 175-day contract years, completed at 100% assigned workload.
Unit members who work less than 100% of an assigned workload must accumulate
the hours equivalency of a full-time workload to move on the salary schedule.
This same formula shall be used to determine service credit for initial
placement on a Children’s Center Salary Schedule.
3.14 Horizontal Movement on Children’s
Center Salary Schedule
3.14.1 Before movement to a higher column may be considered, a unit member must present documentation which would support the request for change of column on the salary schedule. The documentation should include the state issued permit, or an official transcript of the college degree awarded or the college units taken which would support the request for a change in column on the salary schedule. The college or university must be accredited by the appropriate regional accrediting organization.
3.14.2 Time Limit for Submission of
Documentation
All supporting documentation of initial column placement must be received within six months following placement. If received after that time, the change will be effected beginning with the next semester. For column change following initial placement, unit member must complete requirements for a higher salary class on the salary schedule by September 1 for a July 1 change and all supporting documentation must be received in the District Human Resources Department by the deadline of December 15 for changes effective the preceding July 1. For changes effective the preceding January 1, unit members must complete requirements for a higher salary class on the salary schedule by March 1 for a January 1 change and all supporting documentation must be received in the District Human Resources Department by the deadline of June 30.
3.14.3 Notification
of Initial Step Placement
Within fifteen (15) working days of the initial step and column placement of a unit member on the Children’s Center Salary Schedule, the District shall notify the unit member of said placement and shall provide UPM with a written explanation of the District Human Resources Department decision (e.g. the “Marin Community College District Salary Placement Form’) and the subsequent District action. Should the unit member and/or UPM deem the proposed placement to be unsatisfactory, the applicant and/or UPM may appeal via the provisions of the grievance procedure in Article 12 of the CBA.
3.15 Site Supervisor – Summer
Session/Short Term Leave Rate of Compensation
The Site Supervisor working the summer session shall be reimbursed on a prorated base of 80% of the Site Supervisor hourly rate (as determined in Articles 3.12.1 through 3.12.3). Teachers employed as the Site Supervisor during summer session shall be placed on the Site Supervisor Salary Schedule and be paid at 80% pro rata. The same rate shall apply in cases of coverage for Site Supervisor short-term leave greater than four full weeks.
3.16 Compensation:
Reassigned Time, Overload and Stipend
Compensation for reassigned time, overload or stipends shall be as follows (See Appendices A-1 and A-3 of the Credit Salary Schedule)
(a) Reassigned Time: 100% pro rata
(b) Overload: Unit members shall be provided overload
compensation in accordance with Article 1.5.1 and the other provisions of
Article 3.0 of the CBA.
(c) Stipend: The
stipend rate of $52.88 per hour shall
thereafter be increased on a yearly basis by the same percentage as Column 3,
Step 10 on the credit salary schedule effective
(d) Substitute Pay: The Substitute Instructor Salary Schedule
shall be modified to show the substitute rate equal to the stipend rate, to be
increased by the same percentage rate as column 3, step 10 on the Credit Salary
Schedule as of
(e) Intersession Pay: Unit members shall be provided compensation
for working during intersession in accordance with Article 1.5.1 and the other
provisions of Article 3.0 of the CBA. The Site Supervisor positions in
the Children’s Center shall be paid in accordance with Article 1.5.1 and the
other provisions of Article 3.0.
3.17 Payment for Overload Unit(s)
All units above 15
for the semester or above 30 for the year will be compensated and paid at the
overload rate of pay. The practice of delaying temporary overload payments for
full-time unit members until first census in the Fall semester is discontinued
effective Fall semester, 1999.
(a) A full-time unit member assigned a temporary overload contract shall be
paid in five (5) equal
payments, beginning with the first pay period of each semester in which
contract service was
performed (August of the Fall semester, January of the Spring semester).
(b) Department Chairs, UPM and Academic Senate
representatives assigned duties during June and July shall be paid in six (6)
equal payments beginning in July and/or January.
(c) A unit member teaching a late starting
class(es) shall begin to receive pay on the mid-month payroll following the
month in which the service began (e.g. class beginning in October would receive
pay for that service on the November mid-month payroll).
3.17.1 Salary: Reduced Load
If a unit member
receives a reduced load approved by UDWC, his/her salary shall be reduced on a
pro-rated basis and deducted in equal amounts for the remaining pay periods of
the contract.
Except as specified
herein, all other provisions of Article 3 do not apply to unit members assigned
to the Children’s Center.
ARTICLE
4: FRINGE BENEFITS
4.1 Permanent/Probationary Unit Members
The District's
maximum contribution for medical insurance coverage for 2004/2005 and 2005/2006 and 2006/2007 shall be the
Kaiser Family Rate at the dollar amount set by the carrier for that year. The
District shall retroactively reimburse unit members for the increased cost in
Kaiser Family coverage, paid by the employee within 60 days following the
ratification date of this agreement. The
District will pay the full cost for medical, dental, vision and disability
insurance programs at the dollar amount set by the carrier for all subsequent
years covered by this agreement 2005-2007.).
Should the rate for any District medical insurance program exceed the
Kaiser Family Rate, the unit member will have deducted from his/her paycheck
the difference between the Kaiser Family Rate and the rate for the medical
insurance program in which the unit member is enrolled (except as provided for
in 4.1.2).
KAISER
Member: $295.77 $322.09 $374.24
Member and One: $591.54 $644.18 $748.48
Family Coverage: $786.75 $995.48
HEALTHNET
Member: $444.38 $515.48 $570.78
Member and One: $883.41 $1,024.76 $1,134.72
Family Coverage: $1,016.43 $1,179.06 $1,305.57
HEALTHNET
SELECT
Member: $558.81 $648.22 $717.78
Member and One: $1,117.62 $1,296.44 $1,435.55
Family Coverage: $1,619.89 $1,879.07 $2,080.69
FLEXNET
– Paid by Employee
Member: $454.99 $1,257.39
Member and One: $1,909.92
Family Coverage:
VISION
INSURANCE
Member + eligible dependents $15.50 $15.50 $15.50
DENTAL
INSURANCE
Member + eligible dependents $104.50 $104.50 $104.50
4.1.1 Durable
Medical Coverage for Kaiser
Durable medical coverage added to the Kaiser medical plan and the additional cost is reflected in the Kaiser Family Rate dollar amount.
4.1.2 Prescription Co-payment: Kaiser
Kaiser medical insurance coverage for prescription co-payment shall be
consistent with the District’s group coverage plan. Prior to any changes in
co-payments that will increase costs to unit members the District shall notify
UPM. Such changes shall be subject to negotiations upon request by the UPM.
4.1.3 FlexNet
This program is
employee paid and allows the unit member to maintain coverage when he/she moves
outside of the service area. The District provides portability for out-of-state
retirees [those eligible for retirement benefits] up to the Kaiser Family Rate.
4.1.4 Benefits: Unit
Members Assigned to the Children’s Center
(a) All
unit members working 80% or more of a full load shall have medical (cap at
$654.01 effective November 1, 2001), vision, dental and other benefits as
provided for in the CBA (Articles 4.1, 4.3, 4.4, 4.5 and 4.6) for other
permanent/probationary unit members.
(b) All
unit members working less than 80% but more than 60% of a full load will have
prorated benefits up to the limits provided by the District if they choose to
participate in the plan(s) (i.e., 75% employee; 75% of benefit cost paid by
District, 25% paid by employee). Those who elect to participate in medical,
vision, and/or dental insurance shall have the prorated portion of these
benefits deducted from their paychecks.
(c) Unit
members who work less than 60% of a full load may elect to purchase medical,
vision and/or dental insurance and shall have the cost of these benefits
deducted from their paychecks.
Except as specified
herein, all other provisions of Article 4 do not apply to unit members assigned
to the Children’s Center.
4.2 Health Coverage: Temporary
Credit and Non-Credit Unit Members
(a) The District shall contribute no more
than the Kaiser medical coverage for either subscriber or subscriber plus one
(currently $462.20 per
month to be amended on 11/01/2001 at the dollar amount set by the
carrier for that year and all subsequent years covered by this agreement, 2001-2004) for
currently employed part-time temporary credit unit members who teach twelve
(12) credit units or more in an academic year and who teach at least six (6)
credit units in the Fall semester. The
six (6) credit units trigger in the Fall semester may include a “condensed”
course that begins later in the semester. If any course, including the
“condensed” course, is cancelled based on enrollment and this results in the
unit member carrying less than six (6) credit units, the unit member’s District
provided coverage will be discontinued and the unit member will repay the
District for the coverage already provided by the District. Unit members who
retire subsequent to
(b) Currently employed unit members working in the
non-credit FTES generating program for 60% or more of a full-time equivalent
load and fee based intensive English program instructors, shall qualify
for $100.00 per month District
contribution to Kaiser medical coverage.
No spousal waiver is permitted on the one hundred ($100.00) dollar
contribution.
(c) Temporary unit members who do not qualify for
health benefits otherwise provided for in this agreement may enroll for health
benefits, upon approval of the carrier, by paying the necessary premiums to the
District.
(d) Dental
Coverage. Unit members who qualify for health care coverage
in 4.2 above shall qualify for a reimbursement of up to $100.00 per visit,
maximum of two visits, or $200.00 per fiscal year for a single subscriber, or
$400.00 per fiscal year for a subscriber plus one, based on submission to the
District of an itemized invoice from a dentist outlining the services provided,
submitted within 30 calendar days of the end of the fiscal year. The District shall reimburse the unit member
within 30 days of receipt of a verified itemized invoice.
4.3 Insurance Coverage: Notification
Guidelines
(a) Within thirty (30) days of employment, each new
unit member shall receive complete information regarding all District insurance
coverage for which he/she is eligible.
He/she shall enroll or file an intention not to enroll within thirty
(30) days of receipt of this information.
All unit members, once enrolled, shall maintain their enrollment unless
they, by their action, filed in writing, choose to terminate temporarily, or
change enrollment.
(b) All insurance coverage and changes in
such coverage shall become effective on the first day of the month following
receipt of the unit member's request for coverage or change of coverage. In the event that the unit member shall
request a change of coverage, he/she shall continue to be covered by the
carrier from which he/she is changing until such time as the new coverage is
instituted.
(c) A unit member who is enrolled in a hospital-medical
plan for at least two (2) consecutive coverage periods and whose enrollment
terminates because of loss of eligibility or termination of employment, shall
be given the opportunity to convert to coverage outside the District program,
as may be available in his/her particular plan.
4.4 Insurance
Committee
An Insurance Committee
shall be formed consisting of two (2) members selected by UPM/AFT, no more than
four (4) members selected by the classified staff and two (2) members selected
by the District. The Committee shall
review and recommend insurance carriers and shall oversee the operations of the
carrier with regard to the establishment and maintenance of a high level of
service to the members of the various plans.
The Committee will regularly review the performance and services
provided by the Broker(s) of Record and/or benefit consultant(s) to the
District. The Committee shall make
recommendations to the exclusive representatives and to the District regarding
improvement and/or economies in fringe benefit coverage.
4.5 AD&D Insurance
The District shall
provide to eligible unit members, $250,000 of "on the job" AD&D
insurance at no cost to the unit member.
Additional "twenty-four hour" AD&D insurance coverage, as
well as family coverage, may be offered and selected at the unit member's
expense (effective
4.6 Payroll Deductions for Benefits
Any payroll deductions
for benefits by a unit member will be "sheltered as pre-tax dollars"
as provided for in relevant State or Federal statutes.
4.7 Medical Waiver
(a) Any permanent/probationary credit unit member may
voluntarily waive District medical benefits if he/she can provide documentation
of comparable coverage under another plan (Form F 4.7(a)). Permanent/probationary credit unit members
opting not to participate in medical coverage must notify Human Resources no
later than October 1, of each year, provide documentation at that time and sign
the applicable declaration.
Permanent/probationary credit unit members who elect to waive medical
benefits shall be provided with a $1500 annual payment. The payments shall be reduced on a pro rata basis for new unit members who waive coverage for less than a full year. Permanent/probationary credit unit members shall have their waiver payments made by check no later than December 15th.