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

This article is not subject to the grievance process.

SFUSD CHAPTER BYLAWS

PREAMBLE:

We, the employees of the San Francisco Unified School District, working as free and responsible individuals, recognize that the labor movement in general, and SEIU Local 1021, CtW in particular, can be instrumental in resolving the problems of our community; therefore we enter into union and agree to adopt these bylaws, consistent with the Constitution of Local 1021, as an instrument for concerted action and collective bargaining in the interest of the community we serve.

Article 1.  NAME AND JURISDICTION:  

This Chapter will be known as the SFUSD Chapter of Local 1021. The jurisdiction of this Chapter shall be all employees in the bargaining unit(s) represented by the Union in the San Francisco Unified School District.  

Article 2.  AFFILIATION:  

This Chapter is part of SEIU Local 1021, CtW and shall be subject to the Constitution of that Union and all policies adopted pursuant thereto.

Article 3.  MEMBERSHIP: 

All persons, without regard to race, creed, color, religion, gender, gender expression, sexual orientation, national origin, citizenship status, marital status, ancestry, age, disability status, or political affiliation shall be eligible for membership.

Article 4.  CHAPTER STRUCTURE:

(1)  The Chapter membership shall elect, every two (2) years, an Executive Board of the following officers:  

President

Vice President

Secretary

Treasurer

Chief Steward

COPE Coordinator, 

The term of office shall be two years.

(2)  The Executive Board shall have power to act for the Chapter between General Membership meetings.  The Executive Board shall meet as often as deemed necessary by the Board. Three (3) members shall constitute an Executive Board quorum.

(3)  The General Membership is the highest authority within the Chapter structure.

(4)  The Chapter shall hold regularly scheduled General Membership meetings at least once each quarter.  5% of the General Membership shall constitute a quorum. Special membership meetings may be called by the Chapter Executive Board or by petition of 5% percent of the membership.  

(5)  The Chapter shall maintain a file of Chapter minutes and make available a copy thereof to the Secretary of the Local Union upon request.

(6)  The Chapter shall notify the Local 1021 Executive Board of any dissenting action taken on the minutes or action of the Executive Board of the Local Union.

(7)  The Chapter shall maintain financial records.  All funds, including income and expenditures, shall be recorded and proper financial records shall be maintained in accordance with procedures established by the Local Union.  These records shall be transmitted to the Executive Board of the Local Union upon request. All fiscal records shall be kept for a period of at least six (6) years or longer if required by applicable law. 

Two (2) signatures (of Chapter officers) shall be required to expend Chapter funds.  Chapter financial records shall be regularly audited by a Chapter officer or member of the Chapter Executive Board who is not a signer on the Chapter account.

Article 5.  OFFICERS AND DUTIES:

(1) President:  The President shall officiate at all meetings and shall be responsible for directing the implementation of directives voted on by the Chapter membership.  The President shall be an ex-officio member of all committees. The President shall be one of three (3) officers authorized to withdraw funds from a Chapter account, after such expenditures have been approved by the Executive Board and/or General Membership. 

(2) Vice President:  The Vice President shall act as President in the absence of the President and shall be in charge of membership recruitment.  The Vice President shall be one of three (3) officers authorized to withdraw funds from a Chapter account, after such expenditures have been approved by the Executive Board and/or General Membership. 

(3) Secretary:  The Secretary shall keep a correct record of the proceedings of all Executive Board and General Membership meetings and shall provide a copy thereof to the Secretary of the Local Union upon request.  The Secretary shall receive all correspondence and communications on behalf of the Chapter.

(4) Treasurer:  The Treasurer shall be responsible for Chapter account deposits and disbursals and for carrying out the duties described in Article 4, Subsection (7). The Treasurer shall be one of three (3) officers authorized to withdraw funds from a Chapter account, after such expenditures have been approved by the Executive Board and/or General Membership.  The Treasurer shall present the Chapter financial records for audit at the direction of the Treasurer of the Local Union or his/her representative.

(5) Chief Steward:  The Chief Steward shall serve as a resource for shop stewards in carrying out their duties at the worksite and will coordinate the work of stewards in covering worksites, regions, and job classifications.

(6)  COPE Coordinator and County COPE Committee:   The COPE Coordinator shall be responsible for providing political information and education to the members of the chapter and assist and coordinate with turn-out, COPE cards, and other duties related to political activities of the chapter and Local Union. The coordinator will also be the chapter representative to the Local 1021 County COPE Committee.  Additional members may attend County COPE Committee meetings. Delegates and alternates to the County COPE Committee shall be appointed by the President after consultation with the Executive Board.

Article 6.  STEWARDS:  

Stewards may be determined by election, petition, or appointment to represent members under the collective bargaining agreement. Stewards selected through appointment or petition must be confirmed at the next scheduled chapter election. Stewards are the face of the union at the worksite and are critical to building a strong, engaged and active membership. Stewards’ roles and responsibilities include, but are not limited to, ongoing training; welcome and orientation of new members; mobilize, educate, and inform members on union activities and other issues; resolve worksite issues; process grievances; provide timely and effective representation of the members.

Article 7.  WEB SITE STEWARD:

A Web Site Steward shall be appointed to maintain and update the Chapter website. The Executive Board may appoint other members from the CAT Team or Executive Board to assist with this work.

Article 8.  INDUSTRY COUNCIL REPRESENTATIVES:  The chapter shall appoint representatives to attend meetings of Local 1021 industry councils.

Article 9.  CONVENTION DELEGATES:  

Chapter delegates to the SEIU 1021 biennial convention shall be elected by secret ballot by Chapter members in good standing based on the following formula:  two (2) delegates for each chapter and two (2) additional delegates for every additional one hundred (100) members in each chapter.

Article 10.  CONTRACT NEGOTIATIONS:  The General Membership shall elect a contract negotiations committee of 12 members.  Upon completion of negotiations, a copy of the collective bargaining agreement shall be forwarded to the SEIU 1021 Executive Board and provided to all members in the three languages most commonly read by the membership.

Article 11.  RECALL:  

Recall of officers may be originated by a petition signed by at least 20 percent of the membership. After the recall has been originated, the Chapter Executive Board shall appoint an Election Committee and conduct a secret ballot election of the General Membership within sixty (60) days of the presentation of the recall petition.  A majority of votes cast shall determine the recall.

Article 12.  VACANCIES:  

An elective office shall be declared vacant when the holder of the position resigns from office, resigns from the Union, is no longer a member in good standing, is on an extended leave of absence, or is recalled.  Vacancies that occur within one (1) year of the expiration of the term may be filled by appointment of the Chapter President after consultation with the Executive Board; otherwise, vacancies shall be filled by election of the General Membership. Offices for which no candidate has stood for election will be appointed by the President after certification of the election.

Article 13.  CHAPTER ELECTIONS:

1. Election Schedule:  Chapter elections shall be held biennially in odd-numbered years and must be completed by November of those years.  
2. Election Committee:  The Executive Board shall appoint a minimum of three (3) members to an Election Committee.  Members of the committee may not be candidates for office in the election. The committee shall adopt all rules and regulations necessary to assure a fair and honest election and nominations procedure and shall provide each candidate with a copy of same.  The committee also hears challenges to the conduct of the election. The Election Committee shall submit a written report to the Chapter Executive Board and Local 1021 President within three working (3) days following the ballot count. The report shall include the election rules, procedures, schedule, candidate/issue vote totals, any challenges filed, and names and phone numbers of Election Committee members.  Election results shall be provided to the membership following the election.  
3. Eligibility:  In order to run for and serve as a Chapter officer, candidates shall have been members in good standing for at least one (1) year and be employed within a bargaining unit represented by the Chapter.  If the chapter has been in existence for less than one (1) year, the candidate must have been a member in good standing since the Chapter was recognized by Local 1021. Only members in good standing are eligible to participate in chapter elections.
4. Notice:  Notice of the election shall be given to each Chapter member in good standing at least thirty (30) days prior to the date set for the election by written notice and/or Chapter newsletter (notice must be at least 30 days in advance of the deadline for nominations).  The notice must include method of nomination, deadline for nominations, deadline for submission of candidates’ statements, method of election, date, time, and place of voting, procedures for obtaining duplicate ballots, and challenge procedures.  The election notice—and the election ballot—must include the number of convention delegates the Chapter is eligible to elect.  The notice and ballot must include the method for election of convention alternates (i.e., by election, by status as runner-up to delegate, etc.). All official election materials and communications must be reviewed by the Election Committee and the assigned field representative prior to publication.
5. Nomination for Office:  Nominations for office will be made from the floor at a generalmembership meeting or submitted in writing to the Election Committee. Nominees must be present or submit written notice of acceptance of nomination within three (3) days of the deadline set for nominations.
6. Voting:  Chapter elections must be conducted by secret ballot.  Only members in good standing are eligible to vote. Proxy voting and write-in candidates are prohibited.  The Chapter must provide a method for members to obtain duplicate ballots. The Election Committee shall determine if voting is conducted by mail, at the worksites, at a General Membership meeting, or a combination of these methods. A plurality of valid ballots cast shall determine the elected candidates.  In the event of a tie vote, a run-off election shall be conducted.  
7. Ballot count:  The Election Committee shall count ballots at a location, date, and time announced to the membership.
8. Election Materials:  All election ballots and duplicate ballots—marked, unmarked, voided, unused—must be saved for one (1) year (all ballots printed must be accounted for).
9. Challenges:  Challenges to or disputes arising from a Chapter election must be submitted to the Chapter Election Committee within three (3) working days of the submission of the committee’s election report to the Chapter Executive Board.  Challenges must be submitted in writing and must cite specific violation(s) of the Chapter election rules and procedures, Chapter bylaws, or the Local 1021 Constitution.  Challenges to the election will be considered valid only if they cite specific violations of election rules and procedures or the Local 1021 Constitution and if the alleged violation may have affected the outcome of the election. The Chapter Election Committee shall investigate and resolve challenges within ten (10) working days of receipt of the challenge.  The Election Committee may order a re-run of all or part of the election.

1. Appeals:  Challenges or disputes which are denied or cannot be resolved by the Chapter Election Committee may be appealed in writing to the Local 1021 Executive Board within five (5) working days of receipt of the Chapter Election Committee’s decision.  The Local 1021 Executive Board shall investigate and respond within fifteen (15) working days of receipt of the challenge.  Challenges to the election will be considered valid only if they cite specific violations of the Chapter election rules and procedures, Chapter bylaws, or the Local 1021 Constitution and if the alleged violation may have affected the outcome of the election. 

Article 14.  CONTRACT RATIFICATION:  

Ratification or rejection of a tentative agreement shall be referred to the General Membership at a membership meeting(s) called for that purpose or through a mail ballot.  The ratification vote shall be by written, secret ballot. Proxy voting shall not be allowed. At least three (3) days’ notice must be given prior to a contract ratification vote.

Article 15.  STRIKE:  

The Chapter may not initiate a strike without a majority concurrence vote of the total membership by secret ballot in compliance with the International Union Constitution.  The strike vote may be conducted at a membership meeting or through a mail ballot. Proxy voting shall not be allowed. At least three (3) days’ written notice shall be given prior to a meeting at which a strike vote is in order.  If a strike vote is rendered, the Chapter shall obtain a sanction from the Local 1021 Executive Board.  The Chapter shall not strike without previous notification to the SEIU President or, where prior notice is not practicable, without notification as soon as possible after commencement of the strike, in which notice the Chapter states that it has complied with all applicable notice requirements. Strike sanction shall also be received from the local central labor council prior to a strike.  

Article 16.  PROCEDURE AND DEBATE:  

Chapter meetings shall be governed by the Manual of Common Procedure, Rules of Debate, and Order of Business set forth in the Constitution of the International Union.  Every member shall follow and be subject to such rules governing debate at all meetings of the Chapter.

Article 17.  AMENDMENT:  

Amendments to these bylaws may be originated by a majority vote of the Executive Board or by petition signed by at least fifteen percent (15%) of the membership.  These bylaws may be amended by majority vote of the General Membership at a membership meeting or a mail ballot. Members must be notified at least thirty (30) days prior to the consideration of any amendment and provided with the proposed amendments and the original sections of the bylaws.  Amendments to these bylaws shall be submitted to the Local Union headquarters office (100 Oak St., Oakland, CA 94607) to be reviewed for conformity to the Local 1021 Constitution and to be kept on file.  No amendment shall be valid or become effective until approved by the Executive Board of the Local Union.  Amendments required to bring these bylaws into compliance with the Constitution or bylaws of the Local Union or the International Union may be made by vote of the Chapter Executive Board without submission to the General Membership.

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Between SEIU Local 1021 and SFUSD

1. The parties agree that a job analysis of class 7218 will be conduction with the goal of aligning the actual work, position, and compensation to facilitate student and staff safety.
2. Incumbents in class 7218 as of September 29, 2017 will be held harmless in any transition that results from the analysis
3. If a new classification with a higher pay schedule is identified as a successor to class 7218, class 7218 will have its salary schedule adjusted to match while the transition is effected
4. If a new classification with a lower pay schedule is identified as a successor to class 7218, incumbents will retain their current salary schedule after the transition
5. Incumbents will maintain their accrued seniority if consolidated or transitioned to any successor classification
6. Any successor classification identified will be accreted to the SEIU 1021 bargaining unit
7. This sideletter will be subject to the grievance and arbitration process contained in the collective bargaining agreement.

4251 – Employee Compensation

3551 – Food Service Operations

3514 – Environmental Safety

3514.1 – Hazardous Substances

3320 – Claims and Actions Against the District

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

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

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

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

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

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

3. Immoral or unprofessional conduct.

4. Dishonesty.

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

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

7. Evident unfitness for service with children.

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

31.1 Guidelines for Disciplinary Action

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31.2 Disciplinary Procedure

31.2.1 Informal Hearing

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

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

31.2.3 Written Notice

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

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

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

otherwise.

31.2.4 Statement of Charges

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

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

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

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

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

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

District.

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

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

31.2.7 Right to a Hearing

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

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

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

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

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

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

31.3 Skelly Rights

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

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

The reasons for the proposed discipline; and

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

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

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

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

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

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

31.5 Release of Probationary Classified Employees

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

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

30.1 Reason of Layoff

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

30.2 Notice of Layoff

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

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

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

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

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

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

30.3 Notification of Reemployment

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

30.4 Holiday Pay for Employees Laid Off

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

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

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

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

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

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

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

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

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

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

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

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

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

26.1 Assault or Threat of Harm

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

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

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

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

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

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

26.2 Accidental Injury and Workplace Hazards

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

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

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

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

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

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

26.4 Health Services Guidelines for Infectious Diseases

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

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

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

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

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

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

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

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

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

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

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

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

25.2 Grievance Procedure Steps

25.2.1 Informal Step

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

25.2.2 Step One

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

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

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

a. the date of the informal discussion;

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

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

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

e. the remedy sought by the grievant.

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

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

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

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

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

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

25.2.3 Step Two

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

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

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

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

a. the date of receipt of the appeal;

b. the date of decision to grievant; and

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

25.2.4 Step Three

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

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

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

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

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

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

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

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

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

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

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

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

25.2.5 The Effect of Failure of Timely Action

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

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

24.0 No Strike/No Lock-out

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

17.1 Transfers

17.1.1 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.

17.1.2 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.

17.1.3 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.

17.1.4 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.

17.1.5 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.

17.1.6 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 Reporting Time

The Union and the District agree that the reporting time for Custodians working in schools with three (3) or more custodians on both the day and swing shift shall, unless mutually agreeable to the Department and the employee, be the same during the Winter and Spring vacations as it is regularly.

17.4 In-Year Vacations for Custodians

17.4.1 The District shall provide up to 35 in-year vacations per year, 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 1st and on or about May 15th of any school year.

17.4.2 Custodians may submit a written request for an in-year vacation.

17.4.3 Provided that District efficiency is not adversely impacted, in-year vacation requests (as described herein) may be approved.

17.4.4 Approvals will be based on District seniority, as excepted as provided for below; ties in seniority will be broken by lot.

17.4.5 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.

17.4.5.1 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.

17.4.5.2 “Most Senior” as used herein, shall be calculated as follows:

17.4.5.2.1 All District custodians, other than as-needed, shall be ranked on the basis of District hire date.

17.4.5.2.2 Those custodians in the upper half of said ranking shall be considered “most senior.”

17.4.6 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.

17.4.7 Nothing contained herein shall be construed to eliminate custodial vacations during recesses.

17.4.8 Custodial vacations will generally not be approved during the following blackout periods:

a. Two weeks before the last day of school

b. The date the site administrators report for duty through two weeks after the first instructional day.

17.5 Annual Bidding Process for the Upcoming School Year

17.5.1 Every year, all known open positions for the upcoming school year shall be filled using a bidding

process that includes three major steps:

a. Building the List of Openings by Site,

b. Submitting Choices, and

c. Filling Open Positions.

At each step in the process, Custodial management shall provide packets of written information to all

Custodial employees, which shall be made available in English, Chinese, Spanish, and Tagalog.

Employees will be notified of their assignment for the upcoming school year before the end of the current

school year.

17.5.1.1 Building the List of Openings

17.5.1.2 Every spring Custodial management shall post a list of open biddable positions available.

17.5.1.3 The Bidding Packet shall include language to help employees understand some of the implications of participating.in the bidding process.

For example

a. Employees who receive their new assignment via the bidding process shall be giving up

their current year assignment.

b. Employees shall receive their choice in seniority order.

17.5.1.4 Seniority List Sorted by Total Seniority

Custodial management shall send the Seniority List of all Custodial employees upon request.

17.5.1.5 List of Open (biddable) Positions

A position shall be considered open for bidding for the coming school year if:

a it is a new position;

b. the regularly scheduled employee has indicated that they are not planning to work in Custodial in the coming school year; or

c. there is no regularly scheduled employee in the position (including positions which were vacated during the school year and currently filled by temporarily assigned employees).

17.5.2 Submitting Choices

Custodial management shall provide all employees participating in the bidding process for the coming school year with a Bidding Form asking them to list their top choices and to return the Form within a two-week time frame.

17.5.2.1 The Bidding Form shall include the name of the school and the hours for all positions.

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

17.5.3 Filling Open Positions

17.5.3.1 Positions shall be filled based on Seniority, and Custodial management shall make every effort to assign all employees to their highest ranked choice.

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

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

17.5.3.4 Employees who are not assigned to one of their choices via the foregoing process shall remain in their current assignment.

17.5.3.5 Before the end of the current school year, Custodial management shall notify all impacted employees of their new assignment.

17.2.3.6 Custodial management shall provide copies of the following to the Union:

a. packets of written information sent to Custodial employees;

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

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

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

e. a list of each worker’s bids.

17.6 Custodial Recycling and Other Duties

17. 6.1 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.

17.7 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.

17.8 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.

17.9 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.

17.9.1 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.

17.9.2 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.

17.10 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.

17.10.1 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.

17.11 Custodial Supervisors’ Workspaces

17.11.1 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.

17.11.2 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.

17.12 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.

17.13 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.

The Union recognizes the Charter authority of the Superintendent in assigning employees under their direction. The following does not negate the authority of the Superintendent under the City Charter and Civil Service, but is an effort to establish acceptable procedures to be followed in making assignments. The following also does not limit the authority of the Appointing Officer to determine if and when a vacant position will be filled.

14.1 The District, realizing staffing reductions could result in increased workload pressure upon employees, agrees to attempt to equitably distribute the workload among employees and any increased workload will be duly considered in performance evaluations and promotional interviews.

14.1.1 The District acknowledges that employees may not be able to accomplish the additional work created by staffing reduction and increased workload in the same standard as their prior workload.

14.2 The District will provide specifically requested information relating to staff levels and workload in a given department upon written request to the Head of Human Resources.

14.3 When requested by the Union, upon mutual agreement of the District, the District will perform a desk audit of positions and meet with the Union to evaluate options for classifications and workload adjustments.

14.4 When requested by the Union, the District and the Union will meet at reasonable intervals to evaluate strategies to increase recruitment and retention. Such strategies shall not include matters that are properly the subject of negotiations.

14.5 No member in the bargaining unit shall be requested to serve in place of a certificated personnel.

14.6 Training in new procedures and equipment will be provided in the normal course of business.

14.7 Employees who are required to perform work-related duties beyond their normal workday shall be compensated in accordance with section 5.5.9 (overtime) of this Agreement.

14.7.1 Advance notice will normally be given to an employee required to work overtime or extra time. Volunteers for such assignments will normally be sought, on a rotational seniority basis among qualified members in the department or site. The supervisor will make an effort to equalize overtime among volunteers on an annual basis. Employees shall work overtime and extra time assignments, but may be excused from this obligation at the discretion of the District.

14.8 No employee shall be required to perform personal errands for other members of the staff.

14.9 Members of the bargaining unit will receive consideration in the filling of vacancies for the summer school program on the basis of program needs and seniority. All things being equal, seniority will be the governing factor.

14.10 In the event that regular, additional work hours are available at a job site, a bargaining unit member working four (4) hours per day, or less, shall receive, upon request, priority consideration for having an increase in their assigned hours.

14.11 An employee whose regularly assigned schedule and/or work hours is changed by the District will be given twenty one (21) calendar days’ notice of such change. When any changes in regularly assigned schedules impacts more than 5 unit members, the union will be concurrently notified in advance of the change(s). Involuntary changes in regularly assigned schedules and/or work hours will be made on a reverse seniority basis. Permanent employees will have priority of assigned schedules over on-call as-needed employees. The District shall meet and confer with the Union upon request over the effects of any schedule changes.

14.12 Confidential Employee Work Assignments

The District shall notify the Union on or before July 15th of each year as to what unit classifications and number of employees are with “confidential” status as of that date. Thereafter, the District shall notify the Union thirty (30) days prior to any additional designation of unit classification as “confidential.” Upon request, the District shall meet and confer with the Union.

14.13 Voluntary Reduced Work Week

14.13.1 Employees in any classification, upon the recommendation of the Superintendent and subject to the approval of the Director of Human Resources, may voluntarily elect to work a reduced work week for a specific period of time. Such reduced work week shall not be less than twenty (20) hours per week for a period of not less than three (3), nor more than six (6) continuous months during the fiscal year.

14.13.2 Pay, vacation, holidays and sick pay shall be reduced in accordance with such reduced work week. Voluntary reduction of hours shall have no effect on health service coverage, dental coverage, salary step increases and seniority for layoff purposes.

11.1 Prior to formal issuance of a Request for Proposal (RFP), a copy shall be sent to the Union. Prior to final action on said RFP, the District shall make available for inspection any and all pertinent background and/or documentation reasonably related to the Union’s representational rights for the service to be subcontracted. The District agrees to meet with the Union upon request to discuss and attempt to resolve issues related to possible alternatives to subcontracting. These meetings shall be conducted in good faith with an aim of preserving promotional opportunities for unit members, maintaining good morale and providing cost effective services to the District.

11.2 Except in temporary emergency overflow situations or those covered herein, the District 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.

11.3 The District shall meet with the Union upon request to discuss and attempt to resolve issues related to utilizing unpaid volunteers, GA workers, SWAP or GAIN workers and automation to perform bargaining unit work. In no event shall any of the foregoing workers, robotics or automated equipment be utilized to permanently replace vacant bargaining unit positions. In no event shall any of the foregoing workers, robotics or automated equipment be utilized to permanently replace vacant bargaining unit positions. The District is not prohibited from using automation or robotics in the workplace, as long as existing bargaining unit work is not reduced, eliminated, or otherwise impacted.

11.4 There shall be no layoffs or reductions in assigned time of unit members as a result of any subcontracting of work. The District will not subcontract work with the intent of eliminating bargaining unit positions, nor eliminate bargaining unit positions with the intent of subcontracting work.

11.5 Ongoing work of the District is to be performed by civil service workers in accordance with Civil Service and Charter requirements. If bargaining unit positions become vacant through natural attrition, the District shall have the right to utilize outside contractors, consistent with section 11.4 above, to perform the duties of said vacated positions in an effort to provide efficient and cost effective services to the school community. In this event the parties shall utilize the process described in Section 11.1 above. The District will make every effort to fill vacated positions expeditiously.

11.5.1 In the case of any contracting out of bargaining unit work as contemplated herein such work will be performed by available union labor and paid according to applicable law, provided it does not interfere with the District’s statutory obligation to use the lowest responsible bidder.

11.5.2 Notwithstanding any other provision contained herein, the District shall not subcontract bargaining unit services performed by any of the following departments during the term of this agreement; library services, custodial services, student nutrition services, warehouse workers, office/clerical workers, radio broadcast workers at KALW, and school health services.

To ensure the District has a public workforce that is educated, trained and prepared to provide quality services to its community, the District and Union support educational and training opportunities for classified staff.

10.1 Training Provisions

Training shall be conducted both during and after working hours. Job-related workshops shall not be limited to those offered by the District.

10.1.1 All in-service workshops shall be publicized at all sites employing classified staff.

10.1.2 The District will equitably compensate unit members who act as instructors consistent with pay for members of other bargaining units, including possible payment or paid time for preparation, if necessary.

10.1.3 Upon satisfactory completion of the in-service, employees shall be issued a Certificate of Completion.

10.1.4 Job-related technology training will be conducted during paid time in an appropriate setting conducive to concentration and learning.

10.1.5 Training may be conducted by qualified and experienced unit members as available.

10.2 Training for Library Technical Assistants

The District and appropriate instructional and Library staff shall meet, design and implement a series of in-service courses in skills appropriate to the Library Technical Assistant classification, and leading to a Certificate of Completion.

10.3 Job-Related Workshops

10.3.1. Upon prior written approval of the Department head or Unit head (or designee), an employee may participate in job-related workshops offered by the District or outside agencies during their regular work day. The employee’s request to attend such workshops must include information regarding tuition, if any. Tuition for these pre-approved workshops will be paid for by the District.

10.3.2 When directed by a supervisor, an employee shall attend a workshop or training during their regular workday or may attend a workshop or training after business hours on paid time. Pay or compensatory time shall be taken in compliance with the Fair Labor Standards Act and other applicable regulations. Tuition for these workshops will be paid for by the District.

10.3.3 Upon prior written approval of a supervisor, an employee may attend a job-related conference during paid time.

10.4 Professional Development/In-service Training

The District may provide a total of up to twenty-four (24) paid hours of professional development or in-service training for each bargaining unit member over the course of each school year, which shall include both in-person and on-line professional development, on a unit basis.

The scheduling of the hours in each unit will occur in consultation with the unit Supervisor in order to avoid disruption of District operations. Attendance at scheduled sessions shall be mandatory for all bargaining unit members. Chapter Officers, as identified by the Union, shall have the right to attend and address unit members during all in-person sessions for up to 30 minutes immediately following the lunch break.

The content of these sessions for all employees shall be developed in consultation with the Union. These sessions may include but not be limited to the following:

• State & Federal Menu Planning Requirements
• Civil Service Rules
• Contract Process (with Vendors, Contractors, etc.)
• Disposal of Hazardous Substances
• Mandated Sexual Harassment Training
• Menu Development
• New Protocols to Ensure Health and Safety
• Payroll and Payment Systems
• Procurement and Purchasing Processes
• Proper Use of Cleaning Products
• Reviewing Board of Education Policies (and where to find them)
• Sanitizing Food Preparation/Food Serving Areas
• Student Attendance – Recording and Procedures
• Team Building

10.5 Emergency Preparedness Training

All bargaining unit members shall undergo training in emergency preparedness (including the District’s Disaster Policy and Procedures – i.e., earthquakes, fires, blackouts, pandemics, etc.) – in order that they will be able to respond as Disaster Service Workers (DSW) when the need arises.

10.5.1 The District representative responsible for safety training will meet with the Union and appropriate district staff to discuss an emergency preparedness training plan which addresses all unit members.

10.6 Professional Growth/Tuition Reimbursement Plan

The District shall establish a pool of $20,000 a year for the purpose of reimbursing qualified tuition costs to bargaining unit members. Classes to be reimbursed shall be approved in advance by the District’s Department of Human Resources. Each member shall be eligible for no more than $2,000 per year of reimbursement as described herein upon verification of completion of classes (e.g. transcripts or sufficient written/electronic proof).

10.6.1 Eligible Employees

Any employee who works at least 15 hours per week with a minimum of one (1) year continuous service in any classification represented by the Union immediately prior to receipt of application is eligible for tuition reimbursement.

10.6.2 Eligible Expenses

Until such funds are exhausted, and subject to approval by the Department or Unit head (or appropriate designee), an eligible employee may utilize up to a maximum of $2,000 per fiscal year for tuition, registration fees, books, professional conferences, professional association memberships, professional journal subscriptions, professional certifications, and licenses relevant to the employee’s current classification upon verification of completion of classes (e.g. transcripts or sufficient written/ electronic proof). All expenses must be relevant to the employee’s current classification or a classification to which the employee might reasonably expect to be promoted. No reimbursement shall be made for expenses that are eligible for reimbursement under a Federal or State Veterans benefit program.

10.6.3 Each fiscal year, the District shall provide the Union with a year-end summary of those employees who received reimbursement for a qualified class with cost breakdown per class/per employee.

10.7 Certification Renewal

Employees shall be granted time off, without loss of pay, to complete required, mandatory certification renewals necessary for continued District employment in their classification. Training conducted by the district for mandatory certifications will be provided during the employees’ paid time.

At this time, the following bargaining classifications are impacted by this provision: 7218, 1930, 2615, 2616, 2630, 2634, 2656, 2672, 2674, and 3616. When additional classifications are added to the bargaining unit, they will be included in this if applicable.

10.8 City University

The District will participate in the City University program and work with the Union to identify courses that shall provide additional opportunities for career development and services improvement within the District.

9.1 Bulletin Boards

The Union shall have the right to post notices of activities and matters of Union business on employee bulletin board space provided in each school building, or center, in areas frequented by employees.

9.2 District Mail and District eMail

9.2.1 The Union may use the District mail service and employee mailboxes and employees’ District email for communications.

9.2.2 Internet Access

SEIU Local 1021 unit members shall be provided with a District e-mail account and a password and shall be granted access to a District workplace computer for use permitted by the District’s Technology Acceptable Use and Security Policy, to view District e-mail and official District communications.

9.3 Access

Upon timely notification to Labor Relations, a Union representative shall be allowed reasonable contact with workers on District grounds and facilities. Said contact shall not interfere with employee work.

9.3.1 In fulfilling its role as exclusive bargaining agent, the Union shall have reasonable access to District buildings, owned or leased, that are regularly used by bargaining unit members in the performance of District duties. This provision shall not apply to District properties that are leased entirely for commercial purposes.

9.3.2 Union representatives have a reasonable right of access to non-work areas (bulletin boards, employee lounges and break rooms) and to hallways to verify that the terms and conditions of this Agreement are being carried out and for the purpose of conferring with employees. The Union shall provide reasonable advance notice to the site administrator that they will be accessing the work site.

9.4 Union officers of their designee and Union Representatives shall be provided with a timely copy of each OASIS notice

9.5 Copy of All Official Communications

All official District communications which deal with bargaining unit working conditions covered by the Agreement shall be posted in each school or work location in the District in a timely manner after issuance, with a copy forwarded to the Union officers or their designees and Union Representatives.

9.6 Board Agendas and Minutes

The District shall make the agenda and minutes of each meeting, including public and non-confidential support materials, of the Board of Education available to the Union officers or their designees and Union Representatives at approximately the same time that they are made available to the Board members.

9.7 Posting of Vacancies

All District recruitments for positions in SEIU classifications shall be posted on the District website and published in OASIS, a copy of which shall be posted at all school sites and work locations in a mutually agreed upon location. OASIS shall also include all Civil Service Commission (CSC) examination announcements for District-only classifications.

9.7.1 Qualified employees shall be fairly considered for the positions in accordance with Civil Service Rules. Employee seniority will be given reasonable weight and cannot be disregarded by decision makers.

9.7.2 The parties acknowledge that San Francisco’s Department of Human Resources is the agency charged with official civil service exam announcements and such announcements are available on the internet and telephone hotline.

9.8 Shop Stewards

The Union shall furnish the Labor Relations Department with an accurate list of shop stewards and designated officers of the Union in areas as designated by the Union by July 1st of each year. The Union may submit an amendment to the list at any time. Only employees on this list are empowered to act as shop stewards.

9.8.1 Newly-elected Stewards shall be allowed four (4) hours paid release time for Union Steward training within six (6) months of appointment as Stewards. In addition, four (4) hours paid release time shall be paid for Stewards for training regarding the provisions of the new Collective Bargaining Agreement within six (6) months of the effective date of this Agreement. The parties shall mutually agree to the number of Stewards to be released at any one time.

9.8.2 Shop stewards and designated officers of the Union shall be granted reasonable release time to investigate and process grievances, disciplinary appeals and attend meetings with District management without loss of pay or benefits. Shop stewards shall notify Labor Relations and the immediate supervisors of all parties involved prior to release for Union Business. For non-urgent matters such notification of release time shall normally be made in advance of the meeting date and shall include the area or work location where they will be investigating or processing grievances, disciplinary appeals or meetings with District management.

9.8.3 When immediate disciplinary action is potentially to be administered because of an alleged violation of law or board policy, a shop steward shall not be unreasonably denied the right to leave their post or duty to represent the employee.

9.8.4 Except in emergency situations, an investigation, disciplinary or grievance meeting shall be rescheduled if a shop steward is denied release time.

9.8.5 A shop steward may interview an employee during the employee’s regular work time in order to investigate or process a grievance or disciplinary appeal with the approval of the employee’s supervisor, which shall not be unreasonably withheld.

9.8.6 Any meeting of a shop steward and a supervisor of a represented employee shall be held in private surroundings.

9.8.7 A shop steward may interview an employee during the employee’s regular work time in order to investigate or process a grievance or disciplinary appeal with the approval of the employee’s supervisor, which shall not be unreasonably withheld.

9.9 Release Time for Union Officers

Designated Union officers and Shop Stewards shall be released from District duties upon Union request. Such leaves shall normally begin at the beginning of the semester for school-term employees or July 1st for year-round employees. Members shall be credited with service time for salary increments and benefit purposes. The Union shall reimburse the District for the full economic package of the released officer(s) no later than June 30th of the year the leave is granted.

9.9.1 The District shall grant reasonable requests for short-term leaves for Union business, other than bargaining, providing a written request is submitted by the Union at least three (3) days in advance, providing that adequate substitutes are available, if needed. The Union shall reimburse the District for the full economic package of the released union member.

9.9.2 For bargaining and bargaining preparation sessions the Union shall provide the District with as much notice as possible.

9.10 Employment Transaction List/Personnel Actions

The District shall send to the Union president or designee an electronic list of employee transactions whenever these list are generated for Board agendas.

9.11 New Employee Orientation

9.11.1 In-Person On-Boarding Procedures – New Employee Orientations

The District agrees that each newly hired employee shall be provided notice to participate in an in-person or virtual orientation meeting, as small as one individual, within the first thirty (30) calendar days from date of hire during regular working hours and onsite without loss in compensation. The District shall notify each newly hired employee at the time of on-boarding of the date and time of the Union orientation. The District shall also provide the Union with the names of the noticed new employees for each scheduled Union orientation prior to the orientation.

9.11.1.1 The schedule for these orientations shall be established on a yearly basis and made available via the OASIS bulletin notification system emailed to the Chapter Officers and Union Representatives.

9.11.1.2 Union designee(s), including but not limited to, unpaid Union field representatives, officers, stewards, and members, shall conduct the sessions covered under this agreement. Stewards, Union field representatives, and chapter officers shall receive timely notice of and shall be permitted to make appearances at any and all orientations or departmental orientation sessions in order to distribute union materials and to discuss employee rights and obligations under this Agreement.

The following ratios shall be followed for this representation paid for by the District:

• 1-15 employees = 1 officer/steward/member
• 16-25 employees = 2 officers/stewards/members
• 26 or more employees = 3 officers/stewards/members

The Union shall not be unreasonably denied the right to release additional members to assist with translation during the Union’s meeting with new employees for those who have primary language needs, and/or other specialized factors.

9.11.2 Meeting with Union Designee(s)

Newly hired employees who do not attend a scheduled orientation shall be granted release time without loss in compensation to meet with the Union designee(s) for thirty (30) minutes during their regular working hours and onsite.

9.11.3 Neutrality

District representatives shall be absent from the room during any sessions, meetings, or trainings, facilitated or conducted by the Union, with newly hired employees.

9.11.4 Facility and Resource Access

The Union shall have a right to access and use the Employer’s facilities, on-site audio-visual equipment, and Wi-Fi to conduct sessions and separate meetings with newly hired employees.

9.11.5 Employee Information

The employer shall provide the Union designee(s) with electronic notification in malleable electronic format of the name, job title, department, work location, work, home and personal cellular telephone numbers, home address, and personal and work email addresses of any newly hired employee within seven (7) calendar days of the date of hire, or by the first pay period.

9.11.6 Notice of Newly Hired Employee(s)

The District agrees to send the name and contact information of the new employee and date of notice regarding the Union orientation to the Union at the time of the actual on-boarding of the new employee.

9.11.7 The District and the Union agree that this agreement shall be subject to all relevant sections of the Contract/MOU, including but not limited to, the grievance process.

8.1 Dues/COPE/Union-Sponsored Benefit Program Deduction

8.1.1 The District shall honor an employee’s check-off authorization for dues, COPE, or other Union-sponsored programs, which are submitted in writing, through electronically recorded phone calls, via online deduction authorization, or by any other means of indicating agreement allowable under state and federal law, regardless of whether the employee is a member of the union.

8.1.2 Deduction of dues, COPE or other Union-sponsored program shall start the pay period after the District receives notification of the authorization. The District shall transmit such payment to the Union through electronic fund transfer no later than thirty (30) days after the deduction from the employee’s earnings occurs.

8.1.3 Requests to authorize dues/other deduction(s) or requests to change status regarding such deductions, shall be directed to the Union rather than the District. The District shall rely on the Union’s explanations in a certified list, submitted by a representative of the Union who has authority to bind the Union, regarding whether an authorization/change in deduction(s) has been requested by the employee.

8.1.4 The Union shall not provide the District of the employee’s authorization unless a dispute arises about the existence or terms of the authorization.

8.2 New Employee

8.2.1 The District shall provide the Union designee(s) with electronic notification in an Excel or CSV file format of the name, job title, department, work location, work, home and personal cellular telephone numbers, home address, and personal and work email addresses of any newly hired employee within seven (7) calendar days of the date of hire, or by the first pay period.

8.3 Regular receipt of bargaining unit lists – Additionally the District shall provide to the Union office every ninety (90) calendar days, the following information for all bargaining unit employees (in an Excel or CSV file format):

• Employee ID
• First Name/Middle Name/Last Name
• Address/City/State/Zip Code
• Home Phone/Work Phone
• Email Address (work)
• Email Address (personal)
• Birthdate
• Hire Date
• Seniority Date
• Job Class Code/Job Class Description
• Job Type (FT, PT, TEMP, As Needed)
• Appointment Type
• Status (Active, On-Leave, etc.)
• Pay Rate/Pay Step
• Bargaining Unit Code
• Bargaining Unit Description
• Dept. Code/Dept. Description
• Work Location/Work Location Description
• Work Location Address/City/State/Zip Code
• Shift (Incl. days & hours)

8.4 The District shall also provide the Union every ninety (90) calendar days with a list of those employees, both permanent and temporary, who are not currently paying Union dues.

8.5 Lists provided in Section 8.2 through 8.4 shall be in a format mutually agreed by the Union and the District.

8.6 The Union agrees to indemnify and hold the District harmless from any and all claims, demands, suits or other action arising from this organizational security agreement.

8.7 The District agrees to maintain the Union rights to payroll deduction and maintenance of membership.

7.1 There shall be only one personnel file for each employee which shall be kept confidential. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for inspection by the person involved.

Such materials shall not include rating reports, or records which

a. were obtained prior to the employment of the person involved,

b. were prepared by identifiable examination committee members,

c. were obtained in connection with a promotional examination.

Every employee shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the District. A representative chosen by the employee may accompany them at this time. Such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary reduction.

If an employee is unable to view their personnel file during normal business hours of the Human Resources Office, they may designate in writing a union representative to perform the review on their behalf. Such designation will be valid for one review only.

7.2 Other than formal evaluations, derogatory materials in a personnel file that are at least three (3) years old, and where there has been no repeated incident(s) of the problem(s) that gave rise to such materials during said time period, shall be placed in a sealed envelope. Said sealed material shall not be opened except by court order, or with the unit member’s consent.

7.3 Documents used for discipline purposes which have not already been sent to the personnel file shall be destroyed by close of business June 30th unless these materials are sent to the personnel file in accordance with section 7.4.

7.4 Information of a derogatory nature shall not be entered or filed unless and until the employee is given a copy and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, their own comments thereon. Anonymous or uncorroborated material shall not be filed.

6.1 The District and the Union agree to review temporary positions to determine if such positions may be made permanent in nature. The District agrees to facilitate the transition of temporary employees to permanent positions.

6.2 Within sixty (60) days of the effective date of this agreement, the District agrees to make every effort to administer examinations for all covered classifications currently employing TEX and PEX employees. If the District is unable to administer examinations within sixty (60) days, the District and the Union will meet every month about the process until the examinations are complete. The District and Union agree to prioritize this work to facilitate hiring in classifications that have not had an examination administered in at least the last two (2) years.

6.3 Non-Permanent Employee Benefits

6.3.1 Employees assigned fewer than 20 hours per week

Temporary employees regularly assigned to less than 20 hours per week shall not be entitled to District benefit contributions.

6.3.2 Employees working between 20 and 30 hours per week

Every January 1st, regularly scheduled provisional/temporary employees working twenty (20) or more but less than thirty (30) hours per week, or as needed employees who have worked intermittently on average twenty (20) or more but less than thirty (30) hours per week within a twelve (12) month period measured from July 1st – June 30th of the preceding year are eligible for employee only medical benefits (health, vision, dental) through the Health Service System.

6.3.3 Employees working 30 or more hours per week

Additionally, every January 1st, regularly scheduled provisional/temporary employees working at least thirty (30) hours a week, or as needed employees who have worked intermittently on average for thirty (30) or more hours per week within the twelve (12) month period measured from July 1st – June 30th of the preceding year are eligible for employee and, if applicable, dependent medical benefits (health, vision, dental). Eligibility will be determined on a year-to-year basis for qualifying employees.

6.3.4 Temporary employees regularly assigned to at least twenty (20), but less than forty (40) hours per week will receive prorated District contributions for premiums, vacation pay, holiday pay, sick pay, and available City Retirement coverage. If acceptable to the carrier, said part time employees may purchase life and/or long-term disability insurance through the District at the employee’s expense.

6.3.5 The following sections (6.3.6 through and including 6.3.6.4) became effective on July 1, 2016.

6.3.6 Pay Step Advancement for Temporary and Provisional Employees

Temporary employees who are regularly scheduled to work shall qualify to advance to the next pay step of said classification as follows:

6.3.6.1 If initially employed in the classification at Step 1, the employee shall qualify to advance to Step 2 after six (6) months of service and to succeeding steps annually thereafter on the anniversary date of movement to Step 2.

6.3.6.2 If initially employed in the classification at Step 2 or higher, the employee shall qualify to advance to succeeding steps annually thereafter on the employee’s date of hire in the classification.

6.3.6.3 As-needed temporary employees who have worked 1040 hours within a two year period in their classification shall qualify to advance to the next pay step of said classification on the 1041st hour, and annually thereafter.

6.3.6.4 Those employees currently employed who were appointed above Step 1, working at least six (6) hours per day, who have not yet reached 1040 hours shall be advanced to the next step on their 1041st hour, and annually thereafter.