40.1 In order to protect community members of all immigration statuses in our communities who are targeted for repression by the Federal Government, the parties hereby adopt the following Sanctuary Policies:

40.1.1 The District will not allow federal immigration agents or Department of Homeland Security (DHS) agents onto its premises unless they produce a valid judicial warrant except as otherwise required by law. In the event that federal immigration agents or DHS agents do enter the premises, the Employer shall notify the Union immediately.

40.1.2 The District will not share any information about employees, visitors, residents, clients, or any other person with federal immigration agents except as required by law.

40.1.3 The District will publicly support a Sanctuary City policy, as well as the California Values Act, SB54, which establishes California as a Sanctuary State.

40.1.4 The District will advise all employees that they have a right to not comply with any requests or direction from federal immigration agents except as required by law. The Employer shall maintain a space in the internal weekly newsletter and in the public-facing SFUSD portal with up to date information and access to SFUSD policy and “know your rights” resources.

40.1.5 All Employees will receive training on paid time on these sanctuary policies.

39.1 Protection of Bargaining Unit Work

Definition of Artificial Intelligence Systems.

For purposes of this agreement, “Artificial Intelligence Systems” or “AI Systems” shall mean any computer system, software, algorithm, or automated process that performs tasks that typically require human intelligence, including but not limited to pattern recognition, decision-making, language processing or recording, visual perception, speech recognition, or data analysis.

39.2 Preservation of Bargaining Unit Work

The Employer shall not implement or utilize AI Systems to eliminate, reduce, or replace work traditionally performed by bargaining unit members without prior written agreement of the Union.

39.3 Training and Transition

If the parties agree to implement AI Systems, affected bargaining unit members shall:

1. Receive comprehensive paid training on the operation and oversight of such systems

Any productivity gains resulting from AI implementation shall not be used as a basis for staffing reductions or increased workload expectations, consistent with this Article.

39.4 Data Protection and Monitoring

AI Systems shall not be used to:

1. Monitor, evaluate, or discipline bargaining unit members
2. Collect data on individual employee performance
3. Make automated decisions regarding employment status, assignments, or working conditions

38.1 General Provisions

38.1.1 Community Schools Coordinators are specific positions to support school sites in transforming into a full service community school. This may include special workshops, conferences, community events, and professional development and training.

38.1.2 The nature of the work includes identification of needs and barriers to learning that may exist in District policy, procedures, and systems.

38.2 Coordinating with Administrator

38.2.1 Prior to the first day of instruction at the start of every school year, principals will make a valid good faith effort to meet with their Community Schools Coordinator within the first month of the start of the school year to discuss the following criteria:

1. Goals
2. Expectations
3. Grant Deliverables, including the Community School Implementation Plan
4. Other concerns from either the Principal or the Member

38.2.2 Should a new Principal or Community Schools Coordinator be hired after the start of a school year, the Principal and Community Schools Coordinator will make a valid good faith effort to meet within one (1) month of their hire date to discuss the above criteria.

38.2.3 The principal will make a valid good faith effort to schedule individual 1:1 meetings with the Community Schools Coordinator no less than once a month.

38.3 Alternative Work Schedule

The district may provide alternative work schedules to Community Schools Coordinators during school site closures. This includes, but is not limited to, work location, professional development, and community events.

38.4 Equipment and Supplies

38.4.1 All Community Schools Coordinators shall be provided with the following District-issued devices
  a. Laptops

38.5 Reimbursements

38.5.1 In the event that a Community Schools Coordinator must make a reimbursable purchase to facilitate program needs, it must be approved by their Principal and Director in writing and otherwise comply with procurement and grant guidelines.

38.5.2 Community Schools Coordinators shall be reimbursed for mileage in accordance with all applicable District Policies, Procedures, laws and IRS guidelines, so long as the mileage is for work related travel.

38.6 Traveling Out of Area

38.6.1 Should a Community Schools Coordinator be required to attend or travel outside of the district for official business, they shall be reimbursed for their expenses in accordance with board/district policy and IRS Guidelines upon completion of said travel.

Employees covered by this agreement are permitted to obtain outside employment, or provide services as an independent contractor, as long as the employee complies with the District’s policy on Nonschool Employment and Incompatible Activities [Board Policy 4136, 4236, 4336] and applicable Civil Service Rules.

Effective January 1, 2002 as amended

Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2017, pursuant to SB 13, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code

<a href=’https://www.dir.ca.gov/IWC/iwcarticle4.pdf’>Download IWC 4</a>

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TAKE NOTICE: To employers and representatives of persons working in industries and occupations in the State of California: The Department of Industrial Relations amends and republishes the minimum wage and meals and lodging credits in the Industrial Welfare Commission’s Orders as a result of legislation enacted (SB 3, Ch. 4, Stats of 2016, amending section 1182.12 of the California Labor Code), and pursuant to section 1182.13 of the California Labor Code. The amendments and republishing make no other changes to the IWC’s Orders.

1. APPLICABILITY OF ORDER

This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis, except that:

(A) Provisions of Sections 3 through 12 shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employee’s duties meet the test to qualify for an exemption from those sections:

(1) Executive Exemption. A person employed in an executive capacity means any employee:
(a) Whose duties and responsibilities involve the management of the enterprise in which he/she is employed or of a customarily

recognized department or subdivision thereof; and
(b) Who customarily and regularly directs the work of two or more other employees therein; and
(c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing

and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
(d) Who customarily and regularly exercises discretion and independent judgment; and
(e) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non-

exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.102, 541.104-111, and 541.115-116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.

(f) Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week.

(2) Administrative Exemption. A person employed in an administrative capacity means any employee: (a) Whose duties and responsibilities involve either:

(i) The performance of office or non-manual work directly related to management policies or general business operations of his/her employer or his/her employer’s customers; or

(ii) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and

(b) Who customarily and regularly exercises discretion and independent judgment; and

(c) Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity (as such terms are defined for purposes of this section); or

(d) Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or

(e) Who executes under only general supervision special assignments and tasks; and

(f) Who is primarily engaged in duties that meet the test of the exemption. The activities constituting exempt work and non- exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.

(g) Such employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full- time employment. Full-time employment is defined in Labor Code Section 515(c) as 40 hours per week.

(3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following requirements:

(a) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or

(b) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the purposes of this subsection, &lsquo;learned or artistic profession&rsquo; means an employee who is primarily engaged in the performance of:

(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily incident to any of the above work; or

(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above work; and

(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical,

or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.

(c) Who customarily and regularly exercises discretion and independent judgment in the performance of duties set forth in subparagraphs (a) and (b).

(d) Who earns a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. Full-time employment is defined in Labor Code Section 515 (c) as 40 hours per week.

(e) Subparagraph (b) above is intended to be construed in accordance with the following provisions of federal law as they existed as of the date of this wage order: 29 C.F.R. Sections 541.207, 541.301(a)-(d), 541.302, 541.306, 541.307, 541.308, and 541.310.

(f) Notwithstanding the provisions of this subparagraph, pharmacists employed to engage in the practice of pharmacy, and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor shall they be considered exempt from coverage for the purposes of this subparagraph unless they individually meet the criteria established for exemption as executive or administrative employees.

(g) Subparagraph (f) above shall not apply to the following advanced practice nurses:
(i) Certified nurse midwives who are primarily engaged in performing duties for which certification is required

pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code.
(ii) Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code.

(iii) Certified nurse practitioners who are primarily engaged in performing duties for which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.

(iv) Nothing in this subparagraph shall exempt the occupations set forth in clauses (i), (ii), and (iii) from meeting the requirements of subsection 1(A)(3)(a)–(d) above.

(h) Except, as provided in subparagraph (i), an employee in the computer software field who is paid on an hourly basis shall be exempt, if all of the following apply:

(i) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment.

(ii) The employee is primarily engaged in duties that consist of one or more of the following:

—The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.

—The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.

—The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.

(iii) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.

(iv) The employee’s hourly rate of pay is not less than forty-one dollars ($41.00). The Office of Policy, Research and Legislation shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.*

(i) The exemption provided in subparagraph (h) does not apply to an employee if any of the following apply:
(i) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical

and practical application of highly specialized information to computer systems analysis, programming, and software engineering. (ii) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to

work independently and without close supervision.
(iii) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer

hardware and related equipment.
(iv) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.

* Pursuant to Labor Code section 515.5, subdivision (a)(4), the Office of Policy, Research and Legislation, Department of Industrial Relations, has adjusted the minimum hourly rate of pay specified in this subdivision to be $49.77, effective January 1, 2007. This hourly rate of pay is adjusted on October 1 of each year to be effective on January 1, of the following year, and may be obtained at www.dir.ca.gov/IWC or by mail from the Department of Industrial Relations.

(v) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-ROMs.

(vi) The employee is engaged in any of the activities set forth in subparagraph (h) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry.

(B) Except as provided in Sections 1, 2, 4, 10, and 20, the provisions of this order shall not apply to any employees directly employed by the State or any political subdivision thereof, including any city, county, or special district.

(C) The provisions of this order shall not apply to outside salespersons.

(D) The provisions of this order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the employer.

(E) The provisions of this order shall not apply to any individual participating in a national service program, such as AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending Labor Code Section 1171.)

2. DEFINITIONS

(A) An &lsquo;alternative workweek schedule&rsquo; means any regularly scheduled workweek requiring an employee to work more than eight (8) hours in a 24-hour period.

(B) &lsquo;Commission&rsquo; means the Industrial Welfare Commission of the State of California.
(C) &lsquo;Division&rsquo; means the Division of Labor Standards Enforcement of the State of California.
(D) &lsquo;Emergency&rsquo; means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action. (E) &lsquo;Employ&rsquo; means to engage, suffer, or permit to work.
(F) &lsquo;Employee&rsquo; means any person employed by an employer.
(G) &lsquo;Employees in the health care industry&rsquo; means any of the following:

(1) Employees in the health care industry providing patient care; or

(2) Employees in the health care industry working in a clinical or medical department, including pharmacists dispensing prescriptions in any practice setting; or

(3) Employees in the health care industry working primarily or regularly as a member of a patient care delivery team; or

(4) Licensed veterinarians, registered veterinary technicians and unregistered animal health technicians providing patient care. (H) &lsquo;Employer&rsquo; means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any

other person, employs or exercises control over the wages, hours, or working conditions of any person.
(I) &lsquo;Health care emergency&rsquo; consists of an unpredictable or unavoidable occurrence at unscheduled intervals relating to health care

delivery, requiring immediate action.
(J) &lsquo;Health care industry&rsquo; is defined as hospitals, skilled nursing facilities, intermediate care and residential care facilities, convalescent

care institutions, home health agencies, clinics operating 24 hours per day, and clinics performing surgery, urgent care, radiology, anesthesiology, pathology, neurology or dialysis.

(K) &lsquo;Hours worked&rsquo; means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. Within the health care industry, the term &lsquo;hours worked&rsquo; means the time during which an employee is suffered or permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the Fair Labor Standards Act.

(L) &lsquo;Minor&rsquo; means, for the purpose of this order, any person under the age of 18 years.

(M) &lsquo;Outside salesperson&rsquo; means any person, 18 years of age or over, who customarily and regularly works more than half the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.

(N) &lsquo;Primarily&rsquo; as used in Section 1, Applicability, means more than one-half the employee’s work time.

(O) &lsquo;Professional, Technical, Clerical, Mechanical, and Similar Occupations&rsquo; includes professional, semiprofessional, managerial, supervisorial, laboratory, research, technical, clerical, office work, and mechanical occupations. Said occupations shall include, but not be limited to, the following: accountants; agents; appraisers; artists; attendants; audio-visual technicians; bookkeepers; bundlers; billposters; canvassers; carriers; cashiers; checkers; clerks; collectors; communications and sound technicians; compilers; copy holders; copy readers; copy writers; computer programmers and operators; demonstrators and display representatives; dispatchers; distributors; door-keepers; drafters; elevator operators; estimators; editors; graphic arts technicians; guards; guides; hosts; inspectors; installers; instructors; interview- ers; investigators; librarians; laboratory workers; machine operators; mechanics; mailers; messengers; medical and dental technicians and technologists; models; nurses; packagers; photographers; porters and cleaners; process servers; printers; proof readers; salespersons and sales agents; secretaries; sign erectors; sign painters; social workers; solicitors; statisticians; stenographers; teachers; telephone, radio- telephone, telegraph and call-out operators; tellers; ticket agents; tracers; typists; vehicle operators; x-ray technicians; their assistants and other related occupations listed as professional, semiprofessional, technical, clerical, mechanical, and kindred occupations.

(P) &lsquo;Shift&rsquo; means designated hours of work by an employee, with a designated beginning time and quitting time.

(Q) &lsquo;Split shift&rsquo; means a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.

(R) &lsquo;Teaching&rsquo; means, for the purpose of Section 1 of this order, the profession of teaching under a certificate from the Commission for Teacher Preparation and Licensing or teaching in an accredited college or university.

(S) &lsquo;Wages&rsquo; includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.

(T) &lsquo;Workday&rsquo; and &lsquo;day&rsquo; mean any consecutive 24-hour period beginning at the same time each calendar day.
(U) Workweek&rsquo; and &lsquo;week&rsquo; mean any seven (7) consecutive days, starting with the same calendar day each week. &lsquo;Workweek is afixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.

3. HOURS AND DAYS OF WORK

(A) Daily Overtime – General Provisions
(1) The following overtime provisions are applicable to employees 18 years of age or over and to employees 16 or 17 years of age

who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (11/2) times such employee’s regular rate of pay for all hours worked over 40 hours in the workweek. Eight (8) hours of labor constitutes a day’s work. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible provided the employee is compensated for such overtime at not less than:

(a) One and one-half (11/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including 12 hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and

(b) Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.

(c) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employee’s regular hourly salary as one-fortieth (1/40) of the employee’s weekly salary.

(B) Alternative Workweek Schedules
(1) No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures

set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a 40 hour workweek without the payment of an overtime rate of compensation. All work performed in any workday beyond the schedule established by the agreement up to 12 hours a day or beyond 40 hours per week shall be paid at one and one-half (11/2) times the employee’s regular rate of pay. All work performed in excess of 12 hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employee’s regular rate of pay. Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an employer, at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of overtime. No hours paid at either one and one-half (11/2) or double the regular rate of pay shall be included in determining when 40 hours have been worked for the purpose of computing overtime compensation.

(2) If an employer whose employees have adopted an alternative workweek agreement permitted by this order requires an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee overtime compensation at a rate of one and one-half (11/2) times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours, and double the employee’s regular rate of pay for all hours worked in excess of 12 hours for the day the employee is required to work the reduced hours.

(3) An employer shall not reduce an employee’s regular rate of hourly pay as a result of the adoption, repeal or nullification of an alternative workweek schedule.

(4) An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code.

(5) An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this section and who is unable to work the alternative workweek schedule established as the result of that election.

(6) An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday to accommodate any employee who is hired after the date of the election and who is unable to work the alternative workweek schedule established by the election.

(7) Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election are reported by the employer to the Office of Policy, Research and Legislation by January 1, 2001, in accordance with the requirements of subsection (C) below (Election Procedures). If an employee was voluntarily working an alternative workweek schedule of not more than ten (10) hours a day as of July 1, 1999, that alternative workweek schedule was based on an individual agreement made after January 1, 1998 between the employee and employer, and the employee submitted, and the employer approved, a written request on or before May 30, 2000 to continue the agreement, the employee may continue to work that alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in the agreement. The employee may revoke his/her voluntary authorization to continue such a schedule with 30 days written notice to the employer. New arrangements can only be entered into pursuant to the provisions of this section. Notwithstanding the foregoing, if a health care industry employer implemented a reduced rate for 12-hour shift employees in the last quarter of 1999 and desires to reimplement a flexible work arrangement that includes 12-hour shifts at straight time for the same work unit, the employer must pay a base rate to each affected employee in the work unit that is no less than that employee’s base rate in 1999 immediately prior to the date of the rate reduction.

(8) Notwithstanding the above provisions regarding alternative workweek schedules, no employer of employees in the health care industry shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order a regularly scheduled alternative workweek schedule that includes workdays exceeding ten (10) hours but not more than 12 hours within a 40 hour workweek without the payment of overtime compensation, provided that:

(a) An employee who works beyond 12 hours in a workday shall be compensated at double the employee’s regular rate of pay for all hours in excess of 12;

(b) An employee who works in excess of 40 hours in a workweek shall be compensated at one and one-half (11/2) times the employee’s regular rate of pay for all hours over 40 hours in the workweek; in any shift; subsection;

(c) Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work

(d) The same overtime standards shall apply to employees who are temporarily assigned to a work unit covered by this

(e) Any employer who instituted an alternative workweek schedule pursuant to this subsection shall make a reasonable effort to find another work assignment for any employee who participated in a valid election prior to 1998 pursuant to the provisions of Wage Orders 4 and 5 and who is unable to work the alternative workweek schedule established; (f)An employer engaged in the operation of a licensed hospital or in providing personnel for the operation of a licensed hospital who institutes, pursuant to a valid order of the Commission, a regularly scheduled alternative workweek that includes no more than three (3) 12-hour workdays, shall make a reasonable effort to find another work assignment for any employee who participated in the vote which authorized the schedule and is unable to work the 12-hour shifts. An employer shall not be required to offer a different work assignment to an employee if such a work assignment is not available or if the employee was hired after the adoption of the 12 hour, three (3) day alternative workweek schedule.

(9) No employee assigned to work a 12-hour shift established pursuant to this order shall be required to work more than 12 hours in any 24-hour period unless the chief nursing officer or authorized executive declares that:

(a) A &lsquo;health care emergency&rsquo;, as defined above, exists in this order; and

(b) All reasonable steps have been taken to provide required staffing; and

(c) Considering overall operational status needs, continued overtime is necessary to provide required staffing.
(10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual agreement of the employee and the employer, and no employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off duty immediately following the 24 consecutive hours of work.
(11) Notwithstanding subsection (B)(9) above, an employee may be required to work up to 13 hours in any 24-hour period if the

employee scheduled to relieve the subject employee does not report for duty as scheduled and does not inform the employer more than two (2) hours in advance of that scheduled shift that he/she will not be appearing for duty as scheduled.

(C) Election Procedures
Election procedures for the adoption and repeal of alternative workweek schedules require the following:

(1) Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. If the employer proposes a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another.

(2) In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held during regular working hours at the employees’ work site. For purposes of this subsection, &lsquo;affected employees in the work unit&rsquo; may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection are met.

(3) Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have made a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees’ wages, hours, and benefits. Such a disclosure shall include meeting(s), duly noticed, held at least 14 days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule. An employer shall provide that disclosure in a non-English language, as well as in English, if at least five (5) percent of the affected employees primarily speak that non-English language. The employer shall mail the written disclosure to employees who do not attend the meeting. Failure to comply with this paragraph shall make the election null and void.

(4) Any election to establish or repeal an alternative workweek schedule shall be held at the work site of the affected employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an affected employee, and after an investigation by the labor commissioner, the labor commissioner may require the employer to select a neutral third party to conduct the election.

(5) Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds (2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the election shall be held not less than 12 months after the date that the same group of employees voted in an election held to adopt or repeal an alternative workweek schedule. However, where an alternative workweek schedule was adopted between October 1, 1999 and October 1, 2000, a new secret ballot election to repeal the alternative workweek schedule shall not be subject to the 12-month interval between elections. The election shall take place during regular working hours at the employees’ work site. If the alternative workweek schedule is revoked, the employer shall comply within 60 days. Upon proper showing of undue hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance.

(6) Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this section. The results of any election conducted pursuant to this section shall be reported by the employer to the Office of Policy, Research and Legislation within 30 days after the results are final, and the report of election results shall be a public document. The report shall include the final tally of the vote, the size of the unit, and the nature of the business of the employer.

(7) Employees affected by a change in the work hours resulting from the adoption of an alternative workweek schedule may not be required to work those new work hours for at least 30 days after the announcement of the final results of the election.

(8) Employers shall not intimidate or coerce employees to vote either in support of or in opposition to a proposed alternative work- week. No employees shall be discharged or discriminated against for expressing opinions concerning the alternative workweek election or for opposing or supporting its adoption or repeal. However, nothing in this section shall prohibit an employer from expressing his/her position concerning that alternative workweek to the affected employees. A violation of this paragraph shall be subject to Labor Code Section 98 et seq.

(D) The provisions of subsections (A), (B) and (C) above shall not apply to any employee whose earnings exceed one and one-half (11/2) times the minimum wage if more than half of that employee’s compensation represents commissions.

(E) One and one-half (11/2) times a minor’s regular rate of pay shall be paid for all work over 40 hours in any workweek except minors16 or 17 years old who are not required by law to attend school and may therefore be employed for the same hours as an adult are subject tosubsection(A)or(B)and(C)above.
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties. Refer to California Labor Code Sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the employment of minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school districts about any requiredwork permits.)

(F) Anemployeemaybeemployedonseven(7)workdaysinoneworkweekwhenthetotalhoursofemploymentduringsuchworkweek do not exceed 30 and the total hours of employment in any one workday thereof do not exceed six (6).

(G) If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume such food or drink.

(H) The provisions of Labor Code Sections 551 and 552 regarding one (1) day’s rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) day’s rest in seven (7).

(I) Except as provided in subsections (E), (H) and (L), this section shall not apply to any employee covered by a valid collective bar- gaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage.

(J) Notwithstanding subsection (I) above, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement regarding the equivalent of one (1) day’s rest in seven (7) (see subsection (H) above) shall apply, unless the agreement expressly provides otherwise.

(K) The provisions of this section are not applicable to employees whose hours of service are regulated by:

(1) The United States Department of Transportation Code of Federal Regulations, Title 49, Sections 395.1 to 395.13, Hours of Service of Drivers; or

drivers. (2) Title 13 of the California Code of Regulations, subchapter 6.5, Section 1200 and following sections, regulating hours of

(L) No employee shall be terminated or otherwise disciplined for refusing to work more than 72 hours in any workweek, except in an emergency as defined in Section 2(D).

(M) If an employer approves a written request of an employee to make up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that makeup work time, if performed in the same workweek in which the work time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except for hours in excess of 11 hours of work in one (1) day or 40 hours of work in one (1) workweek. If an employee knows in advance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make up work time for up to four (4) weeks in advance; provided, however, that the makeup work must be performed in the same week that the work time was lost. An employee shall provide a signed written request for each occasion that the employee makes a request to make up work time pursuant to this subsection.While an employer may inform an employee of this makeup time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer’s approval to take personal time off and make up the work hours within the same workweek pursuant to this subsection.

4. MINIMUM WAGES
(A) Every employer shall pay to each employee wages not less than the following:

(1) Any employer who employs 26 or more employees shall pay to each employee wages not less than the following:(a) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2017; and
(b) Eleven dollars ($11.00) per hour for all hours worked, effective January 1, 2018;

(2) Any employer who employs 25 or fewer employees shall pay to each employee wages not less than the following:(a) Ten dollars ($10.00) per hour for all hours worked, effective January 1, 2016 through December 31, 2017; and(b) Ten dollars and fifty cents ($10.50) per hour for all hours worked, effective January 1, 2018.

Employees treated as employed by a single qualified taxpayer pursuant to Revenue and Taxation Code section 23626 are treated as employees of that single taxpayer. LEARNERS. Employees during their first 160 hours of employment in occupations in which they have no previous similar or related experience, may be paid not less than 85 percent of the minimum wage rounded to the nearest nickel.

(B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or otherwise.

(C) When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.

(D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.

5. REPORTING TIME PAY

(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum wage.

(B) If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not be less than the minimum wage.

(C) The foregoing reporting time pay provisions are not applicable when:

(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities;

(2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system;
or employee’s scheduled reporting time.

6. LICENSES FOR DISABLED WORKERS

(A) A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by physical disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint application of employer and employee and employee’s representative if any.

(B) A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing special minimum rates to enable the employment of such persons without requiring individual licenses of such employees.

(C) All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the Division. (See

(3) The interruption of work is caused by an Act of God or other cause not within the employer’s control.
(D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than the California Labor Code, Sections 1191 and 1191.5)

7. RECORDS

(A) Every employer shall keep accurate information with respect to each employee including the following:
(1) Full name, home address, occupation and social security number.
(2) Birth date, if under 18 years, and designation as a minor.
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded.
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the employee.
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to the employee upon reasonable request.
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. An accurate production record shall be maintained by the employer.
(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing: (1) all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee’s social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be aggregated and shown as one item.

(C) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day and year, and shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. An employee’s records shall be available for inspection by the employee upon reasonable request.

(D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as practicable.

8. CASH SHORTAGE AND BREAKAGE

No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, break- age, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.

9. UNIFORMS AND EQUIPMENT

(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term &lsquo;uniform&rsquo; includes wearing apparel and accessories of distinctive design or color.

NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board.

(B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.

NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the Occupational Safety and Health Standards Board.
(C) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of

subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be made pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee may deduct from the employee’s last check the cost of an item furnished pursuant to (A) and (B) above in the event said item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the employee upon completion of the job.

10. MEALS AND LODGING

(A) &lsquo;Meal&rsquo; means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.

(B) &lsquo;Lodging&rsquo; means living accommodations available to the employee for full-time occupancy which are adequate, decent, and sanitary according to usual and customary standards. Employees shall not be required to share a bed.

(C) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so credited may not be more than the following:

(D) Meals evaluated as part of the minimum wage must be bona fide meals consistent with the employee’s work shift. Deductions shall not be made for meals not received or lodging not used.

(E) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein.

11. MEAL PERIODS

(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an &lsquo;on duty&rsquo; meal period and counted as time worked. An &lsquo;on duty&rsquo; meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the- job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.

(B) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the meal period is not provided.

(C) In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated.

(D) Notwithstanding any other provision of this order, employees in the health care industry who work shifts in excess of eight (8) total hours in a workday may voluntarily waive their right to one of their two meal periods. In order to be valid, any such waiver must be documented in a written agreement that is voluntarily signed by both the employee and the employer. The employee may revoke the waiver at any time by providing the employer at least one (1) day’s written notice. The employee shall be fully compensated for all working time, including any on-the-job meal period, while such a waiver is in effect.

12. REST PERIODS

(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Theauthorizedrestperiodtimeshallbebasedonthetotalhoursworkeddailyattherateoften(10)minutesnetresttimeperfour(4)hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.

(B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each workday that the rest period is not provided.

13. CHANGE ROOMS AND RESTING FACILITIES

(A) Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees’ outer clothing during working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean.

NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health Standards Board.
(B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.

14. SEATS

(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.

(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.

15.TEMPERATURE

(A) The temperature maintained in each work area shall provide reasonable comfort consistent with industry-wide standards for the nature of the process and the work performed.

(B) If excessive heat or humidity is created by the work process, the employer shall take all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort.Where the nature of the employment requires a temperature of less than 60° F., a heated room shall be provided to which employees may retire for warmth, and such room shall be maintained at not less than 68°.

(C) A temperature of not less than 68° shall be maintained in the toilet rooms, resting rooms, and change rooms during hours of use. (D) Federal and State energy guidelines shall prevail over any conflicting provision of this section.

16. ELEVATORS

Adequate elevator, escalator or similar service consistent with industry-wide standards for the nature of the process and the work performed shall be provided when employees are employed four floors or more above or below ground level.

17. EXEMPTIONS

If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in Section 7, Records; Section 12, Rest Periods; Section 13, Change Rooms and Resting Facilities; Section 14, Seats; Section 15, Temperature; or Section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employee’s representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.

18. FILING REPORTS

(See California Labor Code, Section 1174(a))

19. INSPECTION

(See California Labor Code, Section 1174)

20. PENALTIES

(See California Labor Code, Section 1199)

(A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of:

(1) Initial Violation — $50.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to the amount which is sufficient to recover unpaid wages.

(2) Subsequent Violations — $100.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to an amount which is sufficient to recover unpaid wages.

(3) The affected employee shall receive payment of all wages recovered.

(B) The labor commissioner may also issue citations pursuant to California Labor Code Section 1197.1 for non-payment of wages for overtime work in violation of this order.

21. SEPARABILITY

If the application of any provision of this order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.

22. POSTING OF ORDER

Every employer shall keep a copy of this order posted in an area frequented by employees where it may be easily read during the workday. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this order and make it available to every employee upon request.

Current charter schools: By June 1 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

A bargaining unit member required to drive District vehicles as part of their job must maintain eligibility under the District’s standard vehicle coverage while employed. 

An applicant or unit member shall not be eligible for the District’s standard vehicle coverage in the following circumstances:

1. Two (2) or more accidents in the last three (3) years in which the applicant/unit member has been at fault or  partially at fault as determined by the insurer or receives two (2) or more “Negligent Operator Points” as defined by the California Department of Motor Vehicles or are otherwise deemed uninsurable by the District’s insurance providers.
2. One (1) or more type A violations in the last three (3) years; Type A violations are defined as follows:
   1. Driving under the influence of alcohol or drugs (whether or not they are prescription medications)
3. Any combination of three (3) or more of the following during the past three (3) years
   1. At-fault accidents while operating a motor vehicle
   2. Moving violations
4. Have a suspended or revoked operator’s license or found at fault for any of the following type B violations:
   1. Negligent homicide arising out of a use of a vehicle (commonly known as vehicular manslaughter)
   2. Operating a motor vehicle during a period of license suspension or revocation
   3. Operating a motor vehicle for the commission of a felony
   4. Aggravated assault with a motor vehicle
   5. Operating a motor vehicle without owner’s authorization (grand theft auto)
   6. Permitting an unlicensed person to drive
   7. Speed contest (Exhibition of Speed)
   8. Hit and run – either bodily injury or property damage

32.1.1 Possession of a valid operator’s license issued by the California Department of Motor Vehicle and maintenance of said license is required while employed in a position that operates District vehicles.

32.1.2 Any unit member who is arrested or issued a citation for Driving Under the Influence, Reckless Driving or any other moving violation that results in the unit member’s license suspension or revocation, shall immediately notify their supervisor prior to their next scheduled shift.

32.2 Discipline/discharge due to ineligibility

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 above in 32.1,) 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.

32.2.1. A permanent unit member required to operate district vehicles as a routine part of their duties, who has their license revoked by California Department of Motor Vehicles shall be subject to separation from District service.

 32.2.2 The employee who is not eligible for District insurance will be placed on unpaid administrative leave for a maximum of thirty (30) calendar days to permit them time to remediate the issues that made them ineligible for District insurance. If the unit member provides documentation of a concerted attempt to remediate that may exceed the thirty(30) days, the leave may be extended at the sole discretion of the District. 

32.3 Use of Tracking Data

Tracking data the District collects in the course of operating vehicles will be used to locate, protect, and preserve District assets.

Tracking data will not be routinely reviewed for time roll or disciplinary purposes.

No driver shall be disciplined or discharged based solely on information received from tracking devices.

Any use of tracking technology for discipline will be explicitly documented in the discipline documents and the data will be provided for members and the Union to review upon completion of the District’s investigation upon request.

32.4 Attribution of Citations

The District shall maintain an accurate record of who is driving a particular vehicle for attribution of citations. If the District does not have an accurate record of which employee was actually operating a vehicle at the time a citation was issued, no discipline will result to any employee.

32.5 Participation in Employer Pull Notice Program

Bargaining Unit Members who are required to operate district vehicles as part of their assigned duties are required to enroll in the Employer Pull Notice Program with California Department of Motor Vehicles throughout their employment with the District.

Discipline and dismissal of permanent unit members shall take place in accordance with principles of just cause and the appropriate provisions of the San Francisco Charter, Statutes, and Civil Service Rules, and the California 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:

1. The District’s rules, regulations and policies shall be reasonable and related to the efficient operation of the District.
2. Rules, orders and penalties should be applied fairly and equitably.
3. Disciplinary action should be appropriate and reasonably related to the nature of the offense.

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.
   1. The elements of progressive discipline shall be administered in a timely manner.
2. Initially, the immediate supervisor shall discuss the unit member’s acts or omissions prior to issuing a verbal reprimand.
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.
4. If a verbal reprimand does not result in corrective conduct, a written reprimand may be issued.
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.
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.
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.
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.
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.
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.
11. Employees have the right to Union Representation at any investigatory meeting the employee reasonably believes may lead to discipline. Upon employe request, a union representative shall attend the investigatory meeting. 

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:

1. A notice of the proposed action; and
2. The reasons for the proposed discipline; and
3. A copy of the charges and the materials upon which the action is based; and
4. 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.

1. The employee may be represented at the hearing by a representative of their choice.
2. The Superintendent or designee shall render a written decision within ten (10) workdays.
3. The decision of the Superintendent or designee shall be submitted to the governing board for action unless the matter is grieved.
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

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

29.1 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:

1. 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;
2. Employees who move to a new department in the same class or former class shall serve a three (3) month probationary period;

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

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 thirty (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 (90) 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.

25.1 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.

25.1.1 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.

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

25.1.3 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. 

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

25.1.5 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. 

25.1.6 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 (5) 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:

1. the date of the informal discussion;
2. the date of the submission of the Letter of Grievance to the site supervisor or the department supervisor;
3. the specific provision(s) granting the condition of employment that the grievant alleges the District has violated;
4. a full and complete explanation of the circumstances of the grievance; and
5. 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:

6. the date of receipt of the Letter of Grievance;
7. the date of the submission of the decision to the grievant;
8. the decision of the site supervisor, with supporting reasons therefore; and
9. 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:

10. the date of receipt of the appeal;
11. the date of decision to grievant; and
12. 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 ninety (90) 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.

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.

21.1 Filling of Vacancies

Any vacancies for 2672 – Assistant Houseparent or 2674 – Houseparent, will be posted at 20 Cook Street and at every Early Education School 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.

1. In the absence of a Civil Service list, temporary employees shall be offered any vacant regular assignment based on program needs. All things being equal, 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.
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.

20.2 Long Term Temporary Assignment

When the District assigns long-term additional “as-needed” hours to houseparents with regularly scheduled assignments, such additional hours assigned for at least twenty (20) consecutive days will include applicable accruals and entitlements of sick leave, vacation, holidays, floating 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 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 to, but not on, SFUSD property. Employees will not be responsible for evicting trespassers camping on SFUSD property.

20.1 General Provisions

1. KALW employees shall not be assigned to perform work outside of the scope of their Job Descriptions.
2. Per Article 6, the District agrees to facilitate the transition of temporary KALW employees to permanent positions.
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.

20.2.2 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.

20.3.3 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 pre approved 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  will follow the procedure outlined in Article 14.14

18.3 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 employees in seniority order. Said assignment will be made in writing to the employee and the Union, and shall include the starting and ending date.

18.4 Emergency 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 Nutrition 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.

18.5 Access to Phones

Employees in all work locations shall be provided reasonable access to a telephone or comparable means of communication for the conduct of District business, including the exchange of text or picture messages and for use in the event of emergencies. 

18.6 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.

18.7 Work During a Split Shift or At Multiple Sites

1. SNS workers with a split shift shall be entitled to a duty-free unpaid non-working period. If an SNS worker is asked by their supervisor to work during a duty-free, unpaid, non-working period, they will be paid for all hours actually worked in minimum increments of fifteen (15) minutes. 
2. When an SNS worker is asked by their supervisor to cover 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.
3. 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.
4. Employee travel expenses, either using personal vehicles or public transportation, when traveling to multiple work locations as part of their assigned dues will be reimbursed.

18.8 Out of Class Pay for Employees Assigned to a Higher Classification 

If a kitchen worker is assigned to fill a higher classification opening the employee’s salary will be adjusted to include out of class pay for the duration of their assignment. The District shall provide employees assigned “In Charge” at a satellite location a salary adjustment to the equivalent salary step in the salary schedule which is two steps above the salary schedule. If an SNS employee is assigned to a higher classification, that employee shall be paid 5% out of class pay from the first day they are in the assignment.

18.9 In-Year Vacations for School-Term SNS Employees

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.
2. SNS employees shall submit a written request on a district form for an in-year vacation to their supervisor at least two (2) weeks prior to the vacation dates requested.
3. In-year vacation requests may be approved so long as the operational needs of the District are not adversely affected.
4. Approvals will be based on District seniority subject to section 18.9.5 below. Ties in seniority will be broken by the last three digits of the social security number.
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.
6. No more than one (1) eligible SNS employee at any job site may be on an in-year vacation at any given time.
7. Nothing contained herein shall be construed to eliminate SNS employee vacations during recesses.
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.
9. Training and Professional Development

18.10 External Training

Required tools and materials for culinary arts coursework will be reimbursed out of the tuition reimbursement fund pursuant to Article 10.6 of this Agreement.

18.11 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.

18.11.3 Internship and Apprenticeship Programs

SNS employees may participate in an approved internship, pre-apprenticeship, apprenticeship, or other formal training program that includes paid work time performing work duties.

If a full-time employee participates in a program that provides paid work time, the District will provide opportunities for the employee to perform that work during their regular work days. 

18.12 Summer Assignments

Employees assigned to work during the summer shall receive, when working in their same classification, the same hourly rate, benefits, and holidays as they are paid during school year service. 

18.13 Minimum Work Shift

No regularly scheduled position will be created or offered which is less than four (4) hours per day. If an employee requires a special accommodation for fewer hours, it will be handled through the ADA or Voluntary Reduced Workweek procedures as appropriate.

17.1 Transfers

1. Whenever, in the judgment of the Director of Custodial Services, it is for the best interest of the service, a classified employee holding permanent appointment in a regular Civil Service position in one school may, upon their written request, be transferred to a position of the same Civil Service classification in another school.
2. In making a transfer under this procedure, all other things being equal, preference shall be given to the employee who has the longest service as a permanent employee of the School District.
3. The District agrees to post and accept bids once a year on all vacant positions to be filled. A waiting period of two (2) weeks after such posting will be observed, during which time applicants may apply in writing to the Director of Custodial Services for vacancies.
4. Executive Director of Facilities Services or their designee shall be given an opportunity to interview candidates for vacancies. The transfer shall be made effective at the proper time unless disapproved for cause by both the principal and the Director of Custodial Services Executive Director of Facilities Services or their designee.
5. Such a transferee shall not be entitled to more than one transfer in any school year except under special permission of the Director of Custodial Services.
6. Any transfer necessitated for the good of the service shall be made based upon program needs, affirmative action and seniority. All things being equal, seniority will be the governing factor.

17.2 Temporary Changes

Temporary changes in shift assignment will be made based upon program needs and seniority. All things being equal, changes shall be made in inverse order of seniority.

17. 3 In-Year Vacations for Custodians

1. The District shall provide in-year vacations exclusive of the blackout periods at the beginning and end of the student instructional calendar. “In-year,” as used herein shall mean the period between on or about October 1 and on or about May 15 of any school year.
2. Custodians may submit a written request for an in-year vacation.
3. Provided that District efficiency is not adversely impacted, in-year vacation requests (as described herein) may be approved or denied.
4. Approvals will be based on District seniority, as except as provided for below; ties in seniority will be broken by lottery.
5. After an eligible custodian has received an in-year vacation, they shall drop to the bottom of the seniority list when future requests are being considered.
   1. If more in-year vacations are requested than can be granted, as contemplated herein, preference will be given to “most senior” custodians who have not previously been granted in-year vacation.
   2. “Most Senior” as used herein, shall be calculated as follows:
      1. All District custodians, other than as-needed, shall be ranked on the basis of District hire date.
      2. Those custodians in the upper half of said ranking shall be considered “most senior.”
6. Notwithstanding any other provision contained herein, not more than one (1) eligible custodian at any job site may be on an in-year vacation at any given time.
7. Nothing contained herein shall be construed to eliminate custodial vacations during recesses.
8. Custodial vacations will generally not be approved during the following blackout periods:

1. Two (2) weeks before the last day of school
2. The date the site administrators report for duty through two (2) weeks after the first instructional day.
3. Annual Bidding Process for the Upcoming School Year 

17.3.1 Annual bidding will follow the procedures established in Article 14.14

17.4 Custodial Recycling and Other Duties

Custodians in the normal course of their duties will handle and remove from the classroom material already set aside for recycling; however, recycling and composting programs at District sites shall not be the work/responsibility of the custodian(s). Custodians will not be expected to sort compostable or recyclable items that have been placed in the trash.

17.5 Transporting of Furniture

Where it can be performed safely, a custodian may move furniture between rooms on a floor of the school, so long as they are provided with the appropriate equipment. When furniture needs to be moved between floors, between buildings, or if the custodians do not have the training or equipment to perform the work safely, a work order shall be placed by the supervisor to have warehouse workers perform the work.

17.6 Health and Safety for Custodians

17.7 Facilities, Conditions and Equipment

The Parties recognize the importance of a safe and healthy work environment. All District employees are protected by, and must adhere to, all applicable Board Policies, and state, local and federal laws. Employees shall be provided all personal protective equipment as required by law relevant to their job class.

District employees are protected by, and required to comply with, CalOSHA requirements regarding safety during Wildfire Smoke Events. Employees will not be required to work outdoors for more than 1 hour during an eight hour shift if doing so would expose the employee to an AQI for PM 2.5 of 151 or greater.

17.7.2 Asbestos Safety 

The District shall comply with the annual training requirements provided for in Asbestos Hazard Emergency Response Act of 1987 and Cal-OSHA Hazardous Communications.

17.8 Custodial Work – Supervision & Duties 

When a custodian at any school site receives multiple or conflicting requests for services at the same time, the custodian may request direction on how to proceed from the site administrator or designee. If a site administrator or designee is not available, the custodian will request direction from the custodial supervisor.

Custodians will not be required to load or unload the personal items of any District employee. Custodians shall not be required to clean skylights or exterior windows. No custodian shall be required to work on any ladder over 12 feet.

17.8.1 Custodial Substitute Duties 

If the department is unable to cover an absent custodian’s entire shift, the custodial supervisor will provide a written abbreviated, prioritized run appropriate to the number of hours that will be performed. The department will maintain a file of these abbreviated runs for reference and efficient service and make them available for inspection by the Union.

17.9 Work Pursuant to a Permit 

When a custodian works a shift pursuant to a facilities use permit, during the regular Monday through Friday workweek, the primary job of that custodian will be to serve the needs of the permitted activity. Additional assignments may be given to the custodian so long as they do not interfere with providing service to the permit holder.

When the SFUSD Real Estate office approves a permit assigned to a school site for either a school or an outside event/function, the assigned site custodian shall not be unreasonably burdened with extra work created by the event described in the permit.

In the event that custodial management determines that additional custodial work will be necessary due to the permit, overtime may be offered based on seniority.

Said additional work shall be first offered as overtime for sector custodians. This overtime shall be assigned via the sector seniority outlined in this agreement. Overtime opportunities will be offered to the sector custodians based on the sector overtime wheel. The corresponding sector Supervisor or Assistant Supervisor shall cover this work if all sector custodians decline the work.

If additional support is not available, the custodian shall adjust their daily duties to complete critical health and safety tasks and attend to the highest needs of the site as determined by custodial management.

17.9.1 When a custodian works a shift pursuant to a facilities use permit, the primary job of that custodian shall be to serve the needs of the permitted activity. Additional assignments may be given to the custodian so long as those activities do not interfere with providing service to the permit holder. 

17.10 Custodial Supervisors

17.10.1Workspaces 

The District shall provide, through custodial services, one reporting site for both the custodial supervisor and assistant supervisor in each sector. This site can be located at either Toland or at a District site within their sector.

17.10.2 The District shall provide a current model desktop or laptop with wifi  capabilities as well as a printer to be used during the working day at all custodial supervisor & assistant supervisor work locations. 

17.10.2.1 Training 

All assistant supervisors and supervisors shall be given at least quarterly training in leadership, equity and conflict resolution.

Supervisors shall meet with direct supervisors and/or managers on a monthly basis, to discuss business needs and other concerns. Nothing in this agreement shall prohibit any management rights including, but not limited to, scheduling additional meetings with staff.

17.11 Overtime Procedures 

Once overtime is assigned by the manager/ management to the supervisor(s), the supervisor(s) shall assign overtime to employee(s) in their respective sector(s) (based on rotating seniority). The employee(s) shall work the overtime and then fill out the prescribed form (which may be either digital or hardcopy). The employee shall then submit (in digital or hardcopy) the overtime form within the same pay period worked to their supervisor. In the event a supervisor does not collect forms in a timely manner, the employee has the right to deliver the form personally to the custodial services office. The supervisor(s) shall then approve the overtime and submit (in digital or hardcopy) the form(s) to the manager for approval and processing. The overtime shall be paid within the same pay period but no later than two (2) pay periods from when the overtime was completed.

17.12 Handbook 

The policies stated in the custodial handbook shall not contradict an expressed term of this Agreement. The District will forward a copy of the handbook to the Union in advance for its reaction and input. Should the District not update the custodial handbook in a timely manner, the terms of this contract shall supersede the version of the handbook currently in use.

16.1 Comfort Standards

A goal of the District is to provide working environments for unit members that are safe, healthy and avoid exposure to repetitive strain risks. The parties recognize the desirability for comfortable and ergonomically correct workstation standards for employees. Employees shall not be assigned to a location that is incompatible with their ergonomic accommodations.

16.2 Career Pathways and Promotional Provisions Promotional preference will be given to internal candidates who:

1. Have reached step 5 in their classification,
2. Have at least two (2) recent performance evaluations (within three (3) years of any job application) with a minimum performance rating of “competent and effective”, and
3. Meet the minimum qualifications of the position.

An employee who has not been evaluated within three (3) years of the application shall be deemed to have met the performance evaluation criterion set forth above unless there is disciplinary documentation in the personnel file regarding events within that time period.

1. Applicants meeting these criteria shall be interviewed for promotions and shall be prioritized for interviews and considerations for the position before any external candidates are interviewed.

For permanent civil service positions, interviews shall be conducted when the list reaches each internal applicant on the Civil Service list. If there are more than five (5) internal applicants meeting the criteria, at least those five (5) with the most years of permanent service to the district will be interviewed.

16.3 Clerical 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. By mutual agreement between the supervisor and the employee break periods may be left to the discretion of the employee. Except where essential services will be impacted, the length of the unpaid lunch period shall always be left to the discretion of the worker, but shall not exceed one (1) hour.

16.4 In an on-going effort to improve employee skills and responsiveness to work-related functions the District and Union shall establish a committee composed of clerical staff to be determined by the Union and District representatives to create, update and maintain an SFUSD Clerical Staff Manual for guidance, forms and a directory of contacts to assist with functions in accordance with work performed by clerical staff – i.e. payroll, student attendance, work orders, certificated and classified substitute jobs, emergencies, pre-school bi-annual certifications, etc. This committee shall be formed no later than thirty (30) days after ratification of this contract. This manual shall be available to all clerical staff in a common electronic format. The manual shall be reviewed and updated by members of the committee prior to the start of each school year as necessitated by changes in any District departments.

16.5 Training

A committee composed of clerical staff, to be determined by the Union, in conjunction with District representatives, shall be convened to assist with the planning of clerical training provided by the District

1. The selected committee will determine the annual schedule of said training, as well as the topics to be covered in advance of the start of each school year. A mandatory annual clerical training shall consist of a full day, in-person, scheduled to take place prior to the start of the school year. Additional training sessions will be scheduled during the course of the school year, and which may be offered in person, remotely, or with hybrid option. The full schedule shall be posted in relevant SFUSD employee announcements. Unit members may be released for up to 24 hours of clerical staff training. The District shall not unreasonably deny requests for release to attend training.

16.6 Job Duties

Clerical staff shall fulfill the duties outlined in the Civil Service job descriptions which apply to their specific classification (1424, 1426, and 1446 and all other Civil Service clerical job descriptions which may apply) and shall only be engaged in varied clerical work and job duties relative to office operations within the SFUSD.

16.7 Laptop Computers

All clerks shall be issued a District standard laptop device. Sites may also purchase additional or alternative devices for their clerical staff.

16.8 Scheduling

Clerical staff will be paid for all hours worked in the performance of their duties for the District. In the event that clerical staff work outside the normal school year, and upon approval of their supervisor, they will be paid at their regular rate of pay with associated accruals and benefits for any such hours worked.

16.9 Differentiation of Job Duties

Upon ratification of this contract, given the expansion of all SFUSD elementary school sites to include TK programs, the District and the Union agree to meet and confer regarding any impacts related to the changes to job duties and requirements specifically for secretaries, clerks and other SEIU-represented administrative positions.

16.10 Parking Accommodations

The District shall allow time for clerical staff who do not qualify for Teacher/Staff parking permits to be able to move their vehicles during their assigned shift. This need shall not interfere with their duty free rest period(s).

16.11 Coverage when Absent

Anytime a site’s school clerk is absent, the District will make every valid effort to provide a substitute clerk as outlined in Article 15.0 of the Collective Bargaining Agreement.