Articles 5.0 and 5.1 – Compensation and Longevity

Article 5 is where wages and benefits live in our contract, except for leaves (in articles 12 and 13).

5.0 details the negotiated raises for the current term of the contract: 5% on July 1, 2017; 4% on July 1, 2018; 3% on July 1, 2019. Together with the parcel tax salary adjustment (more on that at our chapter meeting next week), our members will see a 15.875% increase over the three years of the contract – over 16% when you consider compound interest!

5.0.1 details the lump sum payment our members received on ratification of the contract in 2017. We negotiated a fixed-dollar lump sum payment because it provides extra benefit to our lowest-paid members, where percentage salary adjustments benefit our highest-paid members the most. It’s important that we make sure everyone gets a fair shake at affording life in the Bay Area.

5.02 details some salary adjustments for classes that have no incumbents, or did not for many years – these classes had fallen behind everyone else’s schedule, so when we hired a new shade and drapery worker the starting pay was only $17/hr.

COMMITTEE ALERT! There’s a committee in 5.0.2.4 that will start meeting soon to work on wages and hours for SNS workers. If you’re interesting in being involved, please contact Jesse Tangk so we can include you. We want lots of member representation on this committee.

5.1 Longevity Premium
To thank our most experienced members for sticking around, we have longevity premiums for members that have worked at least 10 or 15 years. At 10 years, it’s a 30 cent per hour premium, and at 15 years it’s 60 cents (up from a previous 40 cent premium). That works out to $24 or $48 per paycheck if you work full time.

New in this contract cycle, you don’t have to work a minimum schedule to qualify and previous city service counts for the 15 year level (it used to only count for the 10 year level).

Check your pay stub! If you have worked at least 10 years and are not currently receiving longevity pay, please let us know right away. The computer doesn’t always automatically set it up, so we need you to keep an eye out and report if you have a problem.

Next week we’ll look at 5.2 retirement, 5.3 health, and 5.4 dental (we get a lot of questions about these, so send me your questions and I’ll cover them in the explainer!)

“Upon ratification… the District and Union shall cause this contract to be translated into Spanish and Chinese.”

It’s important that all of our members can read and use their contract. Because so many of our members speak and read languages other than English at home, the union and the district should provide translated versions of the contract for easier understanding. As a union, we have also discussed adding a tagalog translation to the contract.

Unfortunately, because of the cost, we have not distributed a properly translated contract since 2013. This is where we need your help: I know we have many bilingual members who can assist with translation, and we can pay for your time to do so. If you are able to help and work some extra hours, please contact Jesse Tangk, Tracy Brown, or Ken Tsui.

Article 4.2 specifies that when we file grievances or lawsuits, we do so with the English-language version of the contract.

Articles 4.3 and 4.4 cover distribution of the contract. The contract is to be posted online (see draft here) and hand delivered or sent through school mail to all members. A copy of the contract is also provided to all principals, site administrators, and new hires.

We are currently waiting to resolve a couple of changes in Articles 8 and 9 based on new state laws, and the final calculation of the Prop G salary supplement, before we send the current contract to the printers.

Next week we’ll start in on Article 5 – Compensation and Benefits. It’s the biggest article of the contract, so I’ll deal with it in pieces.

November 22 is the last day to register! If you are not registered yet, you can register online today

Why wait? There are lots of ways to vote early!

For every four hours you work, you are entitled to a 15 minute paid rest break. Interruptions cost the employer 15 minutes, so if your rest break is interrupted by a supervisor directing you to perform work the timer starts over.

For shifts 6 hours or longer, you are entitled to a 30 minute or 1 hour duty-free lunch. Unless your supervisor presents an actual business need for your lunch to be a specific length, it is up to your discretion to schedule it.

Interruptions to lunch that cause you to perform work cost the employer no less than 15 minutes.

You may not schedule your lunch at the very beginning or end of your shift, causing you to arrive late or leave early. You may leave campus during your unpaid, duty-free lunch period: the employer is not allowed to control your location during lunch. If the employer controls your location for any reason, you are not at lunch and must be paid for your time.

References:

• Your SEIU Contract – Article 5.9, duty free lunch
• SFUSD Rest and Lunch Policy
• California Department of Labor – IWC Order 4
• California Department of Labor – Meal Periods Advice

How to Donate
First, let us know you have leave available that you’re willing to donate.

If you already know whom you want to donate to, you can download the donation form here and turn it in to any steward.

Otherwise, we’ll keep you informed when members need donations, and ask you to fill out a donation form for each member in need.

One of our stewards will collect the forms for each member in need and deliver them to Labor Relations.

Donations will be used in a cycle, 2 hours at a time. Any unused leave will be returned after the member’s needs have been met.

How to Request a Donation
Just let any steward know you need help. Gesner Nazaire at Cesar Chavez is your steward in charge of catastrophic leave.

You must meet the eligibility requirements:

1. Unable to work because of your (or an immediate family member’s) illness or injury for at least 30 days
2. All of your sick leave will be used up
3. You have documentation of your medical need*
4. You are eligible for accrued sick leave

• We respect your privacy: you do not need to tell us, or HR, the specific nature of your medical condition. We only need “a statement signed by a doctor, dentist, podiatrist, licensed clinical psychologist or Christian Science practitioner with information sufficient to certify your illness”

Read all the details in your contract

You have the right to see your own doctor when you are injured at work. In order to do so, just fill out this form and submit it to the District Office of Workers Compensation. Call them at 241-6308 with questions, or ask a steward for help.

Pre-Designation Form

29.5 The District acknowledges its responsibility to provide a safe and healthful work environment for District employees. The District agrees to investigate and give consideration to departmental recommendations to improve the working environment for represented employees. The District agrees to maintain safety standards for represented employees as required by the pertinent provisions of Cal-OSHA.

29.5.1 If bargaining unit member has a good faith belief that a project to which he/she has been assigned presents health and/or safety risks beyond those normally associated with his/ her classification, said unit member may request a review of the project or assigned work by the District Safety Officer or his designee. Such request shall not be unreasonably denied.

29.5.3 Material Safety Data sheets shall be available for inspection by employees or their Union Representative.

Be sure to ask your principal or site supervisor about your site’s emergency plan. If you do not receive plan updates and training within 60 days of the start of the semester, call your union representative at to report.

In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.During an investigatory interview, the Supreme Court ruled that the following rules apply:

Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

Rule 2: After the employee makes the request, the employer must choose from among three options:

• Grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
• Deny the request and end the interview immediately; or
• Give the employee a clear choice between having the interview without representation, or ending the interview. You should always choose to end the interview if offered this choice.

Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

HOW TO USE

If you are called for an interview which may result in discipline:
1. Speak up clearly. “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present. Until my representative arrives, I choose not to participate in this discussion.”

1. Call the union immediately and inform them of the situation.

• A 2% raise for all members starting July 1 2013
• A 0.5% raise for all members starting January 1 2014
• The District will increase its share of health insurance premiums
• Four floating holidays even in years when Lunar New Year falls on a weekend.
• 40¢ per hour longevity premium for workers with more than 15 years in the District
• $10/day Lead Worker Pay
• An expanded uniform program
• Grandchildren added to “immediate family” for bereavement leave
• Expanded language on several important issues:

1. Workplace safety
2. Emergency preparedness training
3. Discrimination and harassment
4. Professional development

• A new payment process for employees not enrolled in direct deposit
• The District will make its best effort to provide 45 days notice of layoffs, and commits to delivering layoff notices in a courteous and professional manner
• Employees laid off immediately before a holiday will be paid for the holiday