Employees subject to this Agreement shall have a reasonable expectation of privacy and to be secure from unreasonable searches and seizures of the employee’s person and personal effects such as a bag or purse. Employees’ should not have a reasonable expectation of privacy in their work areas. (for example but not limited to: personal file cabinets, desks, cubbies and lockers,) to the extent provided by law.

This article is not subject to the grievance process.

This Agreement between the Service Employees International Union, Local 1021 and the San Francisco Unified School District shall not interfere or change the terms of the side letter agreement made between the Service Employees International Union, Local 1021 and the San Francisco Unified School District on March 6, 2008 entitled “Disbursement of SF Quality Teacher and Education Act Revenues”. Furthermore, this side letter shall not be subject to reopener negotiations.

34.1 The District shall make available to bargaining unit members participation in the District’s commuter program.

34.2 The District shall seek out transportation options that free unit members from reliance on fossil fuel vehicles, including vehicle and bicycle sharing options, and notify members of those opportunities in SFUSD Employee Announcements.

Current charter schools: By June 1st of each year, the District shall provide the Union with a list of all charter schools currently authorized by the Board of Education to operate as charter schools within the District. This list shall specify the charter expiration date.

No later than three months before the charter expiration date, the District shall notify the Union if a charter school must apply for a charter renewal.

New charter schools: With respect to charter proposals submitted to the District after the effective date of the contract, the District shall notify the Union of the petition within one week of the submission with the name of the entity and the type of charter authorization the entity seeks.

32.1 Condition of Employment and Continued Employment

Eligibility under the District’s Standard policy for insurability at the time of employment and for continued eligibility while employed. An applicant or unit member shall not be eligible for the District’s Standard policy for insurability in the following circumstances:

a. Three (3) or more accidents in the last three (3) years in which the applicant/unit member has been at fault or cited by a law enforcement agency, or

b. One (1) or more type A violations in the last three (3) years; Type A violations are defined as follows:

c. 1. Driving under the influence of alcohol or drugs (whether or not they are prescriptions)

2. Negligent homicide arising out of a use of a vehicle (commonly known as vehicular manslaughter)

3. Operating motor vehicle during period of license suspension or revocation

4. Operating motor vehicle for the commission of felony

5. Aggravated assault with a motor vehicle

6. Operating motor vehicle without owner’s authority (grand theft auto)

7. Permitting unlicensed person to drive

8. Reckless driving

9. Speed contest (Exhibition of Speed)

10. Hit and run – either bodily injury or property damage

Any combination of four (4) or more of the following during the past three (3) years

1. At-fault/cited accidents while operating a motor vehicle

2. Type B (moving violations)

32.1.1 Possession of a valid operator’s license issued by the California Department of Motor Vehicle and maintenance of said license while employed.

32.2 Discipline/discharge due to ineligibility

a. As long as the efficiency of District operation is not impaired, a permanent unit member who has their license suspended shall be transferred to an available assignment in their classification which does not require a valid driver’s license for operation of a motor vehicle. In the absence of said available position, the unit member shall be subject to separation from District service, as provided for in Article 32.2.1 below.

b. As long as the efficiency of District operation is not impaired, a permanent unit member who becomes ineligible for the District’s standard vehicle coverage (as defined herein) shall be transferred to an available assignment in their classification which does not require operation of a vehicle. In the absence of said available position, the unit member shall be subject to separation from District service, as provided for in Article 32.2.1 below.

c. A permanent unit member who has their license revoked by California Department of Motor Vehicles shall be subject to separation from District service, as provided for in Article 32.2.1 below.

32.2.1 Special Employment Status

a. However, prior to any dismissal action contemplated in 302.2a, 30.2b and 302.2c above, the employee shall be placed in a special employment status for at least thirty (30) working days during which he/she shall be required to make their own transportation arrangement in order to properly fulfill District duties.

b. If said thirty (30) workday period results in satisfactory and efficient service to the District, the possibility of dismissal action shall be deferred until such time, if any, that satisfactory and efficient service by the unit member in the special employment status is no longer being rendered.

c. If said service becomes unsatisfactory or inefficient, the unit member shall be given written notice thereof and a ten (10) workday period in which to make the desired improvement.

d. If the service is corrected, the deferral process described in Article 32.2.1a above shall be reinstated and the special employment status process described herein shall continue.

e. Failure to make the desired improvement within said period shall result in the District placing the permanent unit member on an unpaid leave of absence for up to 36 months.

1. During said 36 month period, if the permanent unit member on unpaid leave presents verification to the District that their vehicle operator’s license has been reinstated by the California Department of Motor Vehicles or that they has become eligible for the District’s standard vehicle insurance coverage, the unit member shall be reinstated to the first vacant position in their classification; or re-employed by the District in place of any of its temporary or as needed employees in said class. Upon completion of said 36 month period, if the unit member has not been reinstated or re-employed, as provided for herein, they shall be dismissed from District service.

Discipline and dismissal of permanent unit members shall take place in accordance with the appropriate provisions of the Education Code. Unit members may be disciplined for the following causes:

1. Willful or negligent violation of District policies, rules and regulations or the rules and regulations of a federal, state or local government agency which are applicable to public schools.

2. Failure to perform adequately the duties of the position held and/or failure to maintain licenses or certificates required by law. District requirements, or job description.

3. Immoral or unprofessional conduct.

4. Dishonesty.

5. Conviction of a felony or of any crime involving the illegal use, possession or intent to distribute controlled substances which would be a violation of the law in California, or of any crime involving moral turpitude.

6. Possession of, or ingesting, or being under the influence of alcohol, or a controlled substance (including prescription drugs where unreported) which could impact the safety of the employee or others on District property or while performing services for the District.

7. Evident unfitness for service with children.

8. Physical or mental incapacity to perform adequately on the job.

31.1 Guidelines for Disciplinary Action

The following guidelines shall be recognized in the discipline and/or dismissal of unit members:

a. The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District.

b. Rules, orders and penalties should be applied fairly and equitably.

c. Disciplinary action should be appropriate and reasonably related to the nature of the offense.

31.1.1 Progressive discipline shall be utilized except for conduct which is of such a nature that progressive discipline normally would not result in corrective conduct or the conduct is so egregious that immediate action is warranted.

31.1.1.1 The elements of progressive discipline shall be administered in a timely manner.

31.1.2 Initially the immediate supervisor shall discuss the unit member’s acts or omissions prior to issuing a verbal reprimand.

31.1.3 The immediate supervisor will provide the unit member with a follow up written notice of communication (e.g., email) confirming the verbal reprimand. This communication shall not be placed in the employee’s personnel file unless it is later attached to a written reprimand or notice of suspension as set forth in this Article.

31.1.4 If a verbal reprimand does not result in corrective conduct, a written reprimand may be issued.

31.1.5 If suspension without pay is recommended as a disciplinary action it shall be preceded by a written reprimand. Exceptions may occur where conduct is of such a nature that written reprimands normally would not result in corrective conduct or where there has been no improvement after the first written reprimand.

31.1.6 Any initial suspension of a unit member pending a disciplinary hearing shall be with pay.The member and their representative shall not unreasonably delay the date of the hearing.

31.1.7 Emergency Suspension – The Union and the District recognize that emergency situations can occur involving the health and welfare of students, employees, or the public.

31.1.8 If the unit member’s presence would lead to a clear and present danger to the lives, safety, or health of students, employees, or the public, the District may suspend the unit member without pay immediately after informing the unit member of the reason for the suspension.

31.1.9 Within three (3) workdays, the District shall hold an informal hearing as described in Section

31.2.1 and serve on the employee a written notice of discipline and notice of right to a formal hearing in accordance with this Article.

31.1.10 If, as a result of either the informal or formal hearing, the suspension is found unwarranted or of undue length, the unit member shall be reimbursed the appropriate back pay.

31.1.11 Employees have the right to Union Representation at any meeting. The Employee reasonably believes may lead to discipline. Upon such request an Employee must be represented.

31.2 Disciplinary Procedure

31.2.1 Informal Hearing

By mutual agreement, an employee against whom disciplinary action is being recommended may meet with the Superintendent or their designee prior to written notification of official charges. The employee shall be informed orally of the reasons for disciplinary action and the action to be taken and given an opportunity to respond. The employee may be represented at the meeting by a representative of their choice.

31.2.2 If no agreement is reached at the informal hearing the District will give written notification of official charges and notice of a right to a formal hearing.

31.2.3 Written Notice

When the District seeks the imposition of any disciplinary punishment, notice of such discipline shall be

made in writing and served in person or by registered or certified mail to the employee at the last known

address. A copy of the notice shall be mailed to the Union at the same time unless the employee requests

otherwise.

31.2.4 Statement of Charges

A statement of the specific charges against the employee shall be written in ordinary and concise

language, shall include the cause and the specific acts and omissions, including times, dates, and location,

on which the disciplinary action is based and shall state the penalty proposed.

31.2.5 No disciplinary action shall be taken for any cause which arose more than two (2) years preceding

the date of the filing of the notice of cause, unless such cause was concealed or not disclosed by such

employee when it could be reasonably assumed that the employee should have disclosed the facts to the

District.

31.2.6 The employee may, upon request, have copies of materials upon which the charges are based,

subject to confidentiality and privacy rights to the extent required by law.

31.2.7 Right to a Hearing

The Unit member may request a hearing in writing either by email, United States Postal Service (USPS)

mail or personal delivery within five (5) workdays after service of the statement of charges. In the

absence of a request for a hearing within the five (5) workdays, the disciplinary action shall be effective

without a hearing on the date set forth in the written notice.

31.2.8 If, after requesting a hearing, the employee fails to appear for the hearing, the disciplinary action

shall be effective without a hearing on the date set forth in the written notice.

31.3 Skelly Rights

An employee subject to suspension for five or more days or discharge, shall be entitled, prior to the imposition of that discipline or discharge, to a right to respond, and to the following:

a. b. A notice of the proposed action; and

The reasons for the proposed discipline; and

c. d. A copy of the charges and the materials upon which the action is based; and

The right to respond, either orally or in writing., to allegations. Skelly meetings shall be presided over by a management representative who is not directly connected to the investigation or resulting discipline.

31.3.1 The employee may be represented at the hearing by a representative of their choice.

31.3.2 The Superintendent or designee shall render a written decision within ten (10) workdays.

31.3.3 The decision of the Superintendent or designee shall be submitted to the governing board for action unless the matter is grieved.

31.3.4 A grievance challenging the decision of the Superintendent or designee following : the Skelly meeting may be filed directly at Step Three under Article 25 – Grievance Procedures.

31.5 Release of Probationary Classified Employees

Probationary employees are excluded from the provisions of the disciplinary article. At any time prior to the expiration of the probationary period, the District may, at its discretion, release a probationary employee.

Layoffs shall be in accordance with Civil Service Rule 121. Nothing herein shall restrict or waive the Union’s right to meet and confer with the Civil Service Commission on any proposed changes or notifications in the layoff rules and procedures.

30.1 Reason of Layoff

Layoff shall occur for lack of work or lack of funds.

30.2 Notice of Layoff

30.2.1 Any layoffs of permanent employees, or release of temporary employees for lack of work or lack of funds in a classification for which there has not been a civil service test in the preceding three (3) years, shall take place upon thirty (30) days written notice. to the Union and the affected employees. The District will make every effort to provide such notice not less than forty-five (45) days prior to the effective date of the layoff.

30.2.2 While temporary employees will normally receive a thirty (30) day notice, in situations of financial urgency declared by a vote of the Board of Education, no advance notice of release to said employees shall be required.

30.2.3 Any notice of layoff shall specify the reason for layoff, the identity by name and classification of the employee designated for layoff and information on their displacement rights, if any, and reemployment rights.

30.2.4 Prior to layoff notices being issued, the District shall provide the Union with seniority lists of classifications to be affected, including a list of bumping rights of employees subject to layoff. If the Union wishes to contest said lists, it shall be done within two weeks by a written appeal plus supporting data to the Superintendent of Schools. The Superintendent shall render a decision within two weeks after receipt of the Union appeal.

30.2.5 The unit member’s immediate supervisor will give notices of layoff in a professional, courteous and confidential manner.

30.2.6. Prior to any layoff, the District shall upon written request meet and confer with the Union over the impact of the layoff.

30.3 Notification of Reemployment

Notice of Reemployment after layoff shall be in accordance with Civil Service Rule 112.

30.4 Holiday Pay for Employees Laid Off

An employee who is laid off at the close of business the day before a holiday who has worked not less than five (5) immediately previous consecutive work days shall be paid for the holiday.

27.1 Neither party waives its position regarding whether Civil Service Commission Rule 120.30.1(4) permits the District to impose furloughs without bargaining. The Union asserts it does not; the District asserts it does.

28.1 All permanent appointees shall serve a six month probationary period. This period shall be calculated as six (6) months after the date of hire, and excludes any time off for leave, vacation, other types of time off (not including legal holidays), or overtime. Other exception include:

a. Employees who move from a part-time to a full-time position within a classification shall be subject to a three (3) month probationary period in the full-time position;

b. Employees who move to a new department in the same class or former class shall serve a three (3) month probationary period;

28.1.1 An employee who is appointed to a permanent position shall have their probationary period reduced by the time served by that employee in the same classification in the same department, but all such probationary periods shall not exceed 45 days.

28.1.2 When an employee is reinstated to a permanent position in a former class in a department other than the department in which the probationary period had been completed (in the former class) the employee shall serve three (3) months probationary time.

28.1.3 A six (6) month probation shall be required following promotion to a higher classification.

28.1.4 When an employee’s position changes by permanent transfer to the same class in another department, by disability transfer, reduction in force due to technical advances, automation or the installation of new equipment, the employee shall serve three (3) months’ probation time.

28.1.5 When an employee is returned as permanent following layoff, involuntary leave or resignation to a class or department other than the one left, the employee shall serve three (3) months probationary time.

28.1.6 A current regularly scheduled provisional employee who receives a permanent appointment in his or her class in another department shall have their probationary period reduced by the time served by that employee in the same classification, but all such probationary periods shall not exceed three (3) months.

28.1.7 A probationary period may be extended by mutual agreement, in writing, between the Union and the District. During the extended probationary period, a performance review between the employee and their supervisor shall be scheduled half way through the extended probation period in order to determine areas of concern, if applicable.

28.1.8 An employee who is granted a leave while serving a probationary period shall have such probationary period extended by the period of such leave in order to complete the required period of service. Disability leave shall extend the probationary period in all cases.

With supporting documentation, bargaining unit members will be provided with up to 2 hours per semester per child of released time without loss of pay to attend parent conferences for their children, or students for whom they act as legal guardians or have significant parenting responsibilities. Said released time shall include travel time.

27.1.1 Release Time for IEP meetings

With supporting documentation that the conference cannot be scheduled outside their work hours, bargaining unit members who have children enrolled in non-SFUSD schools will have sufficient release time without loss of pay to attend IEP conferences called by their child’s school.

Bargaining unit members who have children enrolled in SFUSD schools will have the right to flexibly schedule IEP conferences outside of their work hours.

26.1 Assault or Threat of Harm

An employee who is physically attacked, verbally assaulted and/or threatened with bodily harm on district property or assignment shall immediately notify the appropriate site administrator and may contact appropriate authorities.

26.1.1 The site administrator shall immediately notify the proper authorities and take immediate action and every precaution to ensure the safety of the employee in the performance of their assigned duties.

26.1.2 Employees shall be provided training and Personal Protective Equipment in order to clean up debris caused by any homeless encampments of any person living or setting up shelters on SFUSD district sites.

The SFUSD sites Administration/Manager shall contact the proper San Francisco City and County department(s) to clean, disinfect and dispose of any and all hazardous waste/debris caused by any homeless shelter / encampments adjacent, but not on, SFUSD property.

Employees will not be responsible for evicting trespassers camping on SFUSD property.

26.1.3 The District will make every effort to reduce the risk of retaliatory action that may result from reporting an assault.

26.2 Accidental Injury and Workplace Hazards

26.2.1 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.

26.2.2 In case of an accident on the job, the District shall make available the necessary accident reports and provide assistance in completing the correct form if requested. Bargaining unit members shall not be required to participate in work activities under conditions which may physically endanger their personal safety or well-being.

26.2.3 Employees will not be required or permitted to violate posted restricted areas that may result in exposure to hazardous materials or personal risk beyond that included in their job description.

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

26.2.5 Material Safety Data sheets and hazardous materials surveys shall be available and accessible for inspection by employees, and their Union Representative.

26.3 An employee who is assigned to be a member of the Emergency Response Team in accordance with the District or Site Emergency Preparedness Plan(s) shall receive a copy of the Plan(s) to review their assigned duties. Such employees shall receive training on implementation of the Plan(s) within 30 days of the start of the school semester and updated as needed.

26.4 Health Services Guidelines for Infectious Diseases

Current copies of the Health Service Guidelines for Infectious Diseases will be available in all schools and facilities.

26.5 Within ninety days of ratification of this Agreement, the District and the Union shall establish a Union Labor-Management Safety Committee designed to jointly:

• Investigate ways to minimize job related injuries/illness, including such issues related to computer use;
• Propose relevant training for District employees;
• Propose changes to facilities, technology, and design to improve safety;
• Propose ways to reduce employee health risks associated with prolonged use of computers.
• 26.6 Computer Equipment Working Conditions

26.6.1 The District and the Union agree that employees working on computer equipment shall have safe and healthy work environments. The District shall provide ergonomic evaluations to prevent ongoing discomfort, which may include education on how to work safely and recommended adjustments/modifications to an employee’s workstation.

26.6.2 The District shall provide hand sanitizer and disinfectant wipes upon request.

This grievance procedure applies to those conditions of employment within the discretion of the District. A grievance is defined as an allegation by an employee, group of employees, or Union regarding disputes that may arise involving the interpretation, application or violation of terms and conditions set forth by this Agreement provided that such condition of employment is within the scope of representation as defined in the Educational Employment Relations Act and other statutes and provided further that such condition of employment is within the Charter authority of the San Francisco Unified School District to so implement.

25.1 The Union and the District agree that everyone concerned will benefit when prompt and confidential resolution of grievance is encouraged. Therefore, the following procedure to accomplish this purpose is hereby established.

25.1.1 A grievance shall be a claimed violation, misinterpretation, or inequitable application of the terms and conditions of this agreement.

25.1.2 Since it is important that grievances be processed as rapidly as possible, the number of days stated below at each step shall be regarded as a maximum and every effort shall be made to expedite the process. The time limits specified may be extended by mutual agreement of the parties.

25.1.3 If a grievance hearing, at any step, is held on school time, the grievant(s) and the Union representatives shall be released with pay.

25.1.4 No grievance material shall be placed in the personnel file of employees exercising their rights under the grievance procedure. Neither shall such material be utilized in the evaluation reports, the promotional process, or in any recommendation for job placement.

25.1.5 All grievances shall commence at the informal step (25.2.1), except if a grievance arises from the action of an authority higher than the employee’s site supervisor, the grievance may be filed at step 2 of the grievance procedure within the timeline set forth in section 25.2.2.2.Grievances regarding a discharge or suspension of five days or more under article 31-Discipline & Dismissal may be filed initially at Step 3 of the grievance process under this Article.

25.2 Grievance Procedure Steps

25.2.1 Informal Step

An employee having a grievance may first discuss it with the employee’s site supervisor and try to work out a satisfactory solution in an informal manner with the supervisor.

25.2.2 Step One

25.2.2.1 If a solution, satisfactory to both the grievant and the site supervisor or the department supervisor, is not accomplished by informal discussion, the grievant shall have the right to consult with, and be assisted by, a representative of the grievant’s own choice in this and all succeeding steps of this grievance procedure.

25.2.2.2 If the grievant desires to pursue this grievance beyond the Informal Step, the grievant shall, within twenty-two (22) working days after the act, occurrence, event or circumstances alleged to constitute a grievance submit a Letter of Grievance, Step One, to the site supervisor or the department supervisor and the Labor Relations Office.

25.2.2.3 The Letter of Grievance – Step One, shall contain:

a. the date of the informal discussion;

b. the date of the submission of the Letter of Grievance to the site supervisor or the department supervisor;

c. the specific provision(s) granting the condition of employment that the grievant alleges the District has violated;

d. a full and complete explanation of the circumstances of the grievance; and

e. the remedy sought by the grievant.

25.2.2.4 The site supervisor or the department supervisor shall, within fifteen (15) working days of the receipt of the Letter of Grievance, investigate the grievance and submit a decision to the grievant, the Labor Relations Office and the Union.

25.2.2.5 The decision shall be in writing, and shall contain:

a. the date of receipt of the Letter of Grievance;

b. the date of the submission of the decision to the grievant;

c. the decision of the site supervisor, with supporting reasons therefore; and

d. the Step One Letter of Grievance must be submitted at each step and may not be amended by the Grievant to set forth new matters.

25.2.3 Step Two

25.2.3.1 If the grievant is dissatisfied with the decision at Step One the grievant may, within fifteen (15) working days of receipt of the decision, file a written appeal to the Labor Relations Office.

25.2.3.2 The Step One Letter of Grievance shall be submitted to Step Two. The Letter may not be amended by the grievant to set forth new matters.

25.2.3.3 The Labor Relations Office shall within fifteen (15) working days of the receipt of the appeal, investigate the grievance, including affording the grievant and/or the Union an opportunity to be heard, and submit a decision to the grievant and the Union.

25.2.3.4 The decision shall be in writing, and shall contain:

a. the date of receipt of the appeal;

b. the date of decision to grievant; and

c. the decision of the Labor Relations Office with the supporting reasons therefore.

25.2.4 Step Three

25.2.4.1 Within fifteen (15) working days of receipt of the decision at Step II, or of receipt of the decision by the Superintendent to sustain a discharge or suspension following a Skelly hearing under Article 31-Discipline & Dismissal, a written request shall be submitted to the Labor Relations Office that the grievance be heard and resolved by an arbitrator.

Mediation: Following the notice to initiate arbitration, the grievance may be submitted concurrently to mediation by mutual agreement of the Union and the District. In such a case, the parties agree to use the State Mediation and Conciliation Service and its procedures. Once appointed, the mediator and the parties shall mutually agree upon a date for mediation and will endeavor to resolve the grievance(s) at that meeting. If mediation is unsuccessful, the arbitration will proceed according to this Section. The Union and District may agree to schedule mediation for several grievances and not just on a case by case basis.

25.2.4.2 The arbitrator shall be selected by mutual agreement between the grievant, or their representative, and the Labor Relations Representative. If the grievant, or their representative, and the Labor Relations Representative are unable to agree on the selection of an arbitrator the Union shall request the California State Mediation and Conciliation Service (CSMCS) to submit a list seven (7) arbitrators who have had considerable experience as an arbitrator in public employment disputes. The grievant, or their representative, and the Labor Relations Representative shall then alternately delete names from such list until only one (1) name remains; and that person shall serve as the arbitrator. Whether the Union/grievant or the Labor Relations Representative deletes the first name, shall be determined by lot.

25.2.4.3 Except when a statement of facts mutually agreeable to the grievant and the Superintendent’s designee is submitted to the arbitrator, it shall be the duty of the arbitrator to hear and consider facts submitted by the parties.

25.2.4.4 The District and Union will make every effort to schedule the arbitration hearing as soon as practicable. The District and the Union must commence selecting the arbitrator and scheduling the arbitration within 90 ninety calendar days of Labor Relation’s receipt of the Union arbitration request.

The parties agree to recommend to the selected arbitrator that the hearing be scheduled within 90 ninety calendar days of the arbitrator’s selection.

25.2.4.5 After said arbitration, or review of mutually agreeable statement of facts, it shall be the duty of the arbitrator to make written findings of fact(s) which resolve the grievance.

25.2.4.6 The decision of the arbitrator shall be final and binding upon the parties.

25.2.4.7 The arbitrator’s authority shall be limited to a decision, based on submitted facts and applicable law, of whether the District has violated the terms and conditions set forth in this Agreement. Further the arbitrator shall have no power to decide any issue not submitted, nor add to, subtract from, or modify the term of this agreement.

The grievance procedure may not be utilized to challenge or change Board of Education policies and administrative regulations, and the arbitrator shall have no jurisdiction to consider or act upon such challenges, except insofar as such policies and administrative regulations are specifically incorporated in this Agreement.

25.2.4.8 Each party (employee, group of employees, or Union and the Superintendent’s designee) to arbitration before an arbitrator shall bear its own expenses in connection therewith. All fees and expenses of the arbitrator and a reporter, if any, shall be borne and paid in full by the unsuccessful party.

In the event the arbitrator shall make a compromise decision, the party or parties who shall pay the fees and expenses of the arbitrator, and a reporter, if any, shall be determined on a proportional basis by the arbitrator. The arbitrator’s compensation and expenses shall be born equally by the worker or the Union and the District.

25.2.5 The Effect of Failure of Timely Action

Failure of the grievant to submit an appeal within the required time limit at any step shall constitute an abandonment of the grievance, except where the parties agree in writing to an extension. Failure of the District to respond within the time limit in any step shall permit the grievance to be advanced to the next step of this procedure within the time allotted had the decision been given.

The District and the Union agree that shop stewards and union officers shall attempt to resolve grievances at the lowest possible step and that the Shop Stewards, union officers and District management relationship should be positive. To this end, the District agrees to provide the Local 1021 Stewards Council two (2) hours per month to review grievances and participate in Labor-Management training sessions on personnel procedures and contract interpretation. This time shall not be paid by the District.

24.0 No Strike/No Lock-out

In conjunction with the terms and conditions provided for in this Agreement, the Union agrees that it will not instigate, participate in, condone or support any work stoppages by bargaining unit members or other District employees. The District agrees that it shall not lockout any unit member during the term of this Agreement.

23.1 Annual Funds for Employees Uniforms

The District shall allocate funds annually for the purpose of providing uniforms and safety shoes to warehouse workers, asbestos workers, window washers, custodial workers, and unit members working with duplication/reproduction equipment and EED houseparents and assistant houseparents. Said uniforms and shoes may not be worn or used for any purpose other than performing assigned District duties.

23.1.1 Asbestos Workers, Warehouse Workers, and Window Washers

The District shall allocate up to $15,000 per year for the purpose of providing uniforms and safety shoes for warehouse workers, asbestos workers, and window washers.

23.1.2 Document Publishing and Distribution Center

The District shall allocate up to $600 per year to provide uniforms and safety shoes for the two (2) unit members working with duplications/reproduction equipment. Said provisions for the Document Publishing and Distribution Center shall be consistent with the current District practices for warehouse workers.

23.1.3 Student Nutrition

The District shall allocate up to $30,000 per year to provide shirts, smocks, aprons and non-skid shoe covers for student nutrition workers. Funds remaining in the allocation after these items have been purchased shall be spent on safety equipment; this may include shoes, tension mats, etc.

23.1.4 Houseparents

The District shall allocate up to $10,000 per year to provide shirts, smocks, aprons and non-skid shoe covers for houseparents and assistant houseparents. Funds remaining in the allocation after these items have been purchased shall be spent on safety equipment; this may include shoes, tension mats, etc.

23.1.5 Custodial Workers

The District shall allocate $200 per year to provide custodians with uniforms and shoes.

23.2 All workers supplied with uniforms shall be notified of the cost of replacement for an item. Workers shall not be held responsible to pay for lost or damaged uniforms should the District choose to use a uniform service company instead of purchasing the uniforms outright.

23.3 Uniform Review Committee

The Union and the District shall appoint representatives to serve on the committee that will make final recommendations regarding uniform based on their assessment of the needs of district workers. This committee shall meet within 60 days of ratification of this contract and one month prior to submitting requests for proposals thereafter.

22.1 General Provisions

22.1.1 The District shall not distribute the duties currently performed by Library Technical Assistants to any other members of the bargaining unit without meeting and conferring with the Union. Upon notice from the District of its intent to distribute the duties of Library Technical Assistants to other members of the bargaining unit and the Union’s request to meet and confer, meet and confer shall consist of discussions in which the District and the Union exchange information regarding the impact on bargaining unit members and endeavor to reach agreement on the distribution of duties currently assigned to Library Technical Assistants. If unable to reach agreement, the District may proceed with the action.

22.1.2 Library Technical Assistants shall not be assigned to perform work outside of the scope of their Job Descriptions.

22.1.3 The Library Technicians shall be evaluated annually.

22.1.4 Library Technicians shall be eligible to attend pertinent classes, workshops and presentations posted to the District’s master calendar.

22.1.5 Library Technicians vacancies shall be normally posted for 5 days and circulated in the SFUSD Employee Announcements.

21.1 Filling of Vacancies

Any vacancies for 2672 – Assistant Houseparent or 2674 – Houseparent will be posted at 20 Cook Street and at every center. as well as in the SFUSD Employee Announcements. . Civil Service permanent employees shall have the opportunity to transfer into vacant positions based on program needs and seniority. All things being equal, seniority shall be the basis of such transfer.

21.1.1 In the absence of a Civil Service list, temporary employees shall be offered any vacant regular assignment based on program needs and length of service date of hire. . All things being equal, length of service date of hire shall be the governing factor for such assignment.. Every Permanent Civil Service (PCS) employee shall have priority in being offered the opportunity to transfer in seniority order, followed by permanent exempt employees (PEX). Any employee who cannot be contacted by email, phone call or USPS mail for the period of five (5) working days after the first attempt to contact shall be considered to have waived the position.

21.1.2 Whether for transfer, or for as-needed positions for substitute temporary openings, these positions shall be filled based on program need and hire date.

21.2 Long Term Temporary Assignment

When the District assigns long-term additional “as-needed” hours (commonly referred to as “blue sheet” hours) to houseparents with regularly scheduled assignments, such additional hours assigned for at least 20 consecutive days will include applicable accruals and entitlements of sick leave, vacation, holidays and retirement contribution retroactive to the first day of such assignment.

21.3 The District will provide Houseparents and Assistant Houseparents with appropriate training, and any necessary Personal Protective Equipment, consistent with the duties in their job description. Houseparents or Assistant Houseparents, who have a good faith belief that a project to which they have been assigned presents health and/or safety risks beyond those normally associated with their classification, may request a review project assigned work by the District Safety Officer or their designee. Such a request shall not be unreasonably denied.

The SFUSD site Administration/Manager shall contact the properSan Francisco City and County department(s) to clean, disinfect and dispose of any and all hazardous waste/debris caused by any homeless shelter/encampments adjacent to, but not on,SFUSD property.

Employees will not be responsible for evicting trespassers camping on SFUSD property.

20.1 General Provisions

20.1.1 KALW employees shall not be assigned to perform work outside of the scope of their Job Descriptions.

20.1.2 Per Article 6, the District agrees to facilitate the transition of temporary KALW employees to permanent positions.

20.1.3 Except in temporary situations, the District and KALW management shall not utilize non-bargaining unit workers to perform bargaining unit work. Nor shall the District utilize automation, robotics or automated equipment to replace, displace, or reduce bargaining unit work. This article does not prohibit the use of automation or robotics in the workplace, as long as existing bargaining unit work is not reduced, eliminated, or otherwise impacted.

20.2 Work Schedule Changes

20.2.1 Because KALW employee positions do not have direct impact on student health, safety and essential school-related functions, the District shall give an employee whose regular work schedule and/or work hours is being changed, as well as the Union, 20 (twenty) work days notice of said change. When a change in regularly assigned schedules impacts more than 4 (four) unit members, the Union shall be concurrently notified in advance of the change.

20.2. Regularly assigned work schedules will be made on a seniority basis. Permanent employees will have priority of assigned schedules over on-call as-needed employees.

20.2.3 The District shall meet with the Union upon request to discuss and attempt to resolve any disputes over schedule changes.

20.3 Assignment of Available Fill-in work

20.3.1 For open work shifts available as a result of vacation, sick, release time, or leaves of absence, said shifts shall be assigned on a rotational basis. Said shifts shall be offered first to permanent part-time employees, second to provisional part-time employees, and third to as-needed employees. Where possible, KALW management will assign all available shifts on a rotating basis. Priority will be given to announcers on a seniority basis when filling any available shifts.

20.3.2 Where possible, KALW management will make best efforts to maintain a full roster of on-call announcers in addition to the permanent staff announcers. “Full Roster” is defined as an adequate number of announcers to cover all available on-air shifts.

20.4 At least twice per week, the following spot shall be scheduled for on-air announcement on KALW during the morning or afternoon hours: “The announcing staff of KALW is represented by the Service Employees International Union, SEIU Local 1021.”

19.1 Adequate Work Space

The District shall provide an adequate space for Health Workers when they are assigned to work at school sites. An adequate space may be an office or an unused classroom. If an adequate safe space is not available, the Health Worker will notify their supervisor and site administrator in order to identify an adequate space for use at the school site or to determine if they can access a work space at one of the Student and Family Service division central office locations.

19.2 Computers and Printers

Student Health Services shall provide computers with WiFi capabilities and access to a printer for all Health Workers. If Health workers need to purchase any supplies these expenditures must be preapproved by their supervisor prior to purchasing any supplies.

19.3 Use of Personal Vehicle

Any Health Worker whose job classification is assigned to multiple District sites or who is required and directed to use his/her private vehicle in the performance of District duties, and who submits the appropriate claim forms, shall be reimbursed at the prevailing IRS rate.

19.4 Health workers who use their cars shall be reimbursed for costs of a parking permit for use at school sites. Health workers who use public transportation for travel between assigned sites will be reimbursed for the cost of transit.

18.1 Assignment

Any changes in hour or site assignment for Student Nutrition Service employees will be based on program needs and seniority. All things being equal, seniority will be the governing factor.

18.2 Bidding Process for Upcoming Semester (Sprmg, Summer, and Fall). For the purposes of bidding under this Article, Summer is considered a semester.

Every spring, summer, and fall, all known open positions for the upcoming semester will be filled using a bidding process that includes three major steps:

a. Building the List of Openings by Site,

b. Submitting Choices, and

c. Filling Open Positions based on seniority.

d. TEX will be allowed to bid at the end of the m1tial bidding cycle on any remaining open positions and will be allowed to be in that position until the next bidding cycle. NOTE: TEX will not have permanent rights to this position.

At each step in the process, Student Nutrition Services will provide packets of written information to SNS employees, which will be available in English, Chinese, and Spanish. Employees will be notified of their assignment for the upcoming school year before the end of the current school year.

18.2.1 Building the List of Openings

18.2.1.1 Every semester SNS will send a Bidding Survey to all Permanent Civil Service (PCS) SNS employees asking them to indicate their plans for the coming school year and to return it within a two-week time frame.

18.2.1.1.1 SNS employees will use the Bidding Survey to indicate whether they:

a. will not be participating in the bidding process because they would like to stay in their current position for the upcoming semester;

b. want to move to a different position via the bidding process for the upcoming semester; or

c. are not planning to work in SNS in the upcoming semester and whose current position added to the list of openings for the bidding process.

d. TEX will be allowed to bid at the end of the initial bidding cycle on any remaining open positions and will be allowed to be in that position until the next bidding cycle. NOTE: TEX will not have permanent rights to this position.

18.2.1.1.2 The Bidding Survey will include language to help employees understand some of the implications of participating in the bidding process.

For example:

a. There is no guarantee that everyone will get one of their choices.

b. Employees with higher seniority are more likely to get one of their choices than employees with lower seniority.

c. Employees must submit the request form on time to be considered for the bidding process.

d. How seniority is determined.

18.2.1.2 When a position has a change in hours

Employees working in a regularly scheduled position that will experience a change in hours for the coming school year will also receive a Notice of Schedule Change Form that describes the changes for the coming year, and they will be asked to fill out the form and return it to SNS management with the same two-week time frame as the Bidding Survey. By completing the Notice of Schedule Change Form SNS employees will indicate whether they are:

(a) interested in keeping their current position with the new hours in the coming year, or

(b) want the position with the new hours added to the list of openings for the coming year because they would like to move to a different position via the bidding process.

18.2.1.3 Seniority List Sorted by Total Seniority

SNS management will also send the Seniority List of all SNS employees. Employees with higher seniority will be more likely to get one of their choices than employees with lower seniority, so reviewing the Seniority List will help employees understand where they will be positioned in the bidding process. Employees who have any questions about their place on the Seniority List can follow-up with Human Resources. If errors are found in the Seniority List, a new list will be sent to employees before bidding is completed. TEX employees will be allowed to bid at the end of the initial bidding cycle for permanent employees on any remaining open positions and will be allowed to be in that position until the next bidding cycle. NOTE: TEX will not have permanent rights to this position.

18.2.1.4 Creation of Bidding List

SNS management will compile all the responses from the Bidding Survey and Notice of Schedule Change Form to create a list for the upcoming semester. Open positions will be identified as such on the bidding list if they are located at a Refresh site/ cooking kitchen (Middle/High school) or Heat & Serve site (Elementary, :Middle, or High schools) location, or the position includes benefits. A position will be considered open for the upcoming semester if:

(a) it is a new position;

(b) the regularly scheduled employee has indicated that they are not planning to work m SNS or;

(c) there is no regularly scheduled PCS employee in the position and/ or the position is filled by a TEX employee.

(d) the position has been assigned on a temporary basis outside the semester bidding process according

to 18.4.

18.2.1.5 Bidding Orientation

SNS management in partnership with the Union will host a voluntary Bidding Orientation Session(s) for any interested employees to learn about the bidding process.

18.2.1.5.1 The Bidding Orientation will review:

a. bidding process

b. how bidding process works including

1. how to review the list of open positions

2. how to submit Bidding Survey

3. PCS seniority process

18.2.2 Submitting Choices

18.2.2.1 SNS management will provide all employees participating in the bidding process for the upcoming semester with the Bidding Form asking them to list their top choices and return it within a two-week time frame.

18.2.2.2 The Opening and Bidding Form will include the name of the school and the hours for all positions.

18.2.2.3 Each employee will have the option of listing up to five choices in order of priority on the Bidding Form, and may include their current position as one of their choices.

18.2.3 Filling Open Positions

18.2.3.1 Positions will be filled based first on PCS Seniority by PCS employees who bid, and then any remaining positions to be filled by newly-hired PCS employees and then will be offered to TEX who may bid in order based on their date of hire, and SNS management will make every effort to assign all employees to their highest ranked choice.

a. The Union will designate a minimum of two (2) people who will act as observers of process

18.2.3.1.1 SNS management will create a list of employees who submitted the Bidding Form and sorted it in order from highest to lowest seniority. If employees have the same seniority date, the last three digits of their social security number will be used as a tie-breaker with the largest three-digit number ranked the highest.

18.2.3.1.2 The employee ranked highest on the list noted above will be assigned to their highest ranked choice with an opening. Then the next person on the list will be assigned to their highest ranked choice with an opening, and this process will be repeated until every employee’s Bidding Form has been reviewed.

18.2.3.1.3 Employees who are not assigned to one of their choices via the foregoing process will be assigned to an unfilled opening based on seniority and proximity to home. The employee ranked highest on the seniority list will be assigned to the unfilled position that is closest to their home address. The employee with the next highest seniority will be assigned to the unfilled position that is closest to their home, and this process will be repeated until all openings are filled.

18.2.3.2 Before the end of the current semester SNS management will mail assignments for the upcoming school year to all employees, and will work directly with SNS employees to explore ways to address any concerns about their assignments.

18.2.3.3 SNS management will provide copies of the following to the Union:

a. packets of written information sent to SNS employees;

b. a ranked list of employees who submitted and Openings and Bidding Form that is used to fill openings via the bidding process;

c. a list of employees who did not get assigned to one of their choices via the bidding process;

d. list of all assignment offers from the bidding process; and

e. a list of each worker’s bids.

18.3 Employees will be notified of summer assignments at least ten (10) working days before the start of summer service.

18.3.1 Positions will be awarded based on seniority in a classification. If there are any 2616 positions remaining, 2615 employees will be allowed to fill those positions based on their seniority in the 2615 classification as long as they meet the minimum qualifications for the 2616 position.

18.4 Filling Openings Outside the Semester Bidding Process.

18.4.1 If a permanent position opens up during the school year, the opening will be considered a temporary assignment and will be considered an open position during the next Bidding Process in

18.2.1.4.

18.4.2 If additional hours are added to a position during the school year and the employee in that position does not want the additional hours, the additional hours will be filled as a temporary assignment and will be considered an open position during the next Bidding Process in 18.2.1.4 in the upcoming semester.

18.5 Temporary Assignment

Subject to the needs of SNS management as determined by the Director of SNS, any temporary change in assignment shall be based on seniority, with the temporary change of assignment, offered to.PCS in seniority order. Said assignment will be made in writing to the employee and the Union, and shall include the starting and ending date.

18.6 Emergency Site Coverage

SNS will designate between 5-10 regularly assigned employees who will receive training to provide emergency site coverage, including expansion programs such as Breakfast in the Classroom, mobile carts, vending machine, bulk serving, etc. These employees will receive the same hours as their regular assignment, unless the emergency shift being covered is a longer shift. A 2615 Student Employee covering for a Lead 2616 Student Nutrition Employee will receive out of class pay. A 2616 covering for a 2616 will receive one and one half times the regular pay.

18.7 Access to Phones

Employees in all work locations shall be provided reasonable access to a land-line or mobile telephone or comparable means of communication for the conduct of District business, including the exchange of text or picture messages if required by the supervisor, and for use in the event of emergencies. Such usage shall not interfere with the transaction of Departmental business.

18.8 Care and Cleaning of Cafeteria

SNS workers are responsible for the care and cleaning of the cafeteria and service of all meals to students. Care and cleaning includes wiping down dining furniture and chairs, cleaning of student food sharing tables, disposing of leftover milk, maintaining posters and signage on the walls, cleaning of coolers and other preparation equipment and areas, and maintaining any trash enclosures.

These duties shall include breakfast, lunch and supper programs.

These duties do not include taking out trash bins, cleaning the floors, walls, or windows, except in the kitchen or preparation area. SNS workers will not be expected to sort compostable or recyclable items that have been placed in the trash.

Workers shall be provided with a written description of the work per site to be completed during their shift and when break periods are to occur.

18.9 Work During a Split Shift or At Multiple Sites

18.9.1 SNS workers with a split shift shall be entitled to a duty-free unpaid nonworking period. If an SNS worker is asked by their immediate supervisor to work during a duty-free, unpaid, nonworking period, they will be paid for all hours actually worked in minimum increments of fifteen (15) minutes.

When an SNS worker is asked by their immediate supervisor to cover split shifts at multiple work sites in a day, SNS will calculate the travel time between sites and the employee will be paid for the travel time at their regular pay rate.

18.9.2 SNS employees whose position requires them to travel between sites during a work shift shall have their time spent in transit considered part of their work hours.

18.9.3 Employees travel expenses, either using personal vehicles or public transportation, when traveling to multiple work locations as part of their assigned dues will be reimbursed.

18.10 No Loss of Pay for Incumbents

“Incumbents in the classification” includes any employee working in any of the affected classification, irrespective of their status – e.g., temporary, service as needed, etc. – on or after July 1, 2010. The effect of this provision is that no employee who so qualifies will be placed at the new lower steps upon rehire.

No incumbents, as defined herein, will lose pay as a result of the reorganization and will be placed at that step in the new step system which is at least equal to their present salary.

Any “incumbent” as described in this section currently paid above the top step of the classification shall be grand-parented into their current salary level and shall suffer no reduction in salary as a result of implementation of this reorganization.

18.11 Out of Class Pay for School Lunchroom Helper Assigned to Lead

If a 2615 School Lunchroom Helper is assigned to fill a 2616 Lead Student Nutrition Worker opening because there are not enough 2616’s to fill all Lead Openings, the 2615 Lunchroom Helper’s salary will be adjusted to include out of class pay for the duration of their assignment in a Lead role. The District shall provide classification 2615 when assigned “In Charge” at a satellite location a salary adjustment to the equivalent salary step in the salary schedule which is two grades above the salary schedule for class 2615. If an SNS employee is assigned to a higher classification, that employee shall be paid 5% out of class pay from the fast day they are in the assignment.

18.12 In-Year Vacations for School-Term SNS Employees

18.12.1 The District may provide In-Year vacations for up to thirty-five (35) school-term employees per year as long as the operational needs of the district are not negatively impacted. Such vacations may not be taken during the two (2) weeks prior to the commencement, and the first eight (8) weeks of the student instructional year.

18.12.2 SNS employees shall submit a written request on a district form for an in-year vacation to their immediate supervisor at least two (2) weeks prior to the vacation dates requested.

18.12.3 In-year vacation request may be approved so long as the operational needs of the District are not adversely affected.

18.12.4 Approvals will be based on District seniority subject to section 18.12.5 below. Ties in seniority will be broken by the last three digits of the social security number.

18.12.5 After an eligible SNS employee has received an in-year vacation, he/she shall drop to the bottom of the seniority list if future requests for that school year are submitted.

18.12.6 No more than one (1) eligible SNS employee at any job site may be on an in-year vacation at any given time.

18.12.7 Nothing contained herein shall be construed to eliminate SNS employee vacations during recesses.

18.12.8 School-term SNS employees who work a summer assignment that does not allow for a break of at least ten (10) workdays between the end of the summer assignment and the commencement of the student instructional year may apply for a vacation during the blackout period as defined by 18.12.1

18.13 Training and Professional Development

18.13.1 External Training

Required tools and materials for culinary arts coursework will be reimbursed out of the tuition reimbursement fund pursuant to section 10.7 of this Agreement.

18.13.2 Internal Training

SNS will make an ongoing and concerted effort to train employees in the variety of duties performed by workers in their class. These efforts may include training sessions and work experience at a variety of sites and with a variety of programs.

18.14 Summer Assignments

Employees assigned to work during the summer shall receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the summer assignment or service during the regular school year.