4251 – Employee Compensation

3551 – Food Service Operations

3514 – Environmental Safety

3514.1 – Hazardous Substances

3320 – Claims and Actions Against the District

Effective January 1, 2002 as amended

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

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

<hr />

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

1. APPLICABILITY OF ORDER

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. HOURS AND DAYS OF WORK

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. REPORTING TIME PAY

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

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

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

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

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

6. LICENSES FOR DISABLED WORKERS

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

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

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

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

7. RECORDS

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

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

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

8. CASH SHORTAGE AND BREAKAGE

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

9. UNIFORMS AND EQUIPMENT

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

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

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

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

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

10. MEALS AND LODGING

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

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

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

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

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

11. MEAL PERIODS

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

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

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

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

12. REST PERIODS

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

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

13. CHANGE ROOMS AND RESTING FACILITIES

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

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

14. SEATS

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

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

15.TEMPERATURE

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

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

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

16. ELEVATORS

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

17. EXEMPTIONS

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

18. FILING REPORTS

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

19. INSPECTION

(See California Labor Code, Section 1174)

20. PENALTIES

(See California Labor Code, Section 1199)

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

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

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

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

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

21. SEPARABILITY

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

22. POSTING OF ORDER

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

32.1 Condition of Employment and Continued Employment

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

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

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

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

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

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

4. Operating motor vehicle for the commission of felony

5. Aggravated assault with a motor vehicle

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

7. Permitting unlicensed person to drive

8. Reckless driving

9. Speed contest (Exhibition of Speed)

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

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

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

2. Type B (moving violations)

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

32.2 Discipline/discharge due to ineligibility

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

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

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

32.2.1 Special Employment Status

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

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

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

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

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

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

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

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

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

3. Immoral or unprofessional conduct.

4. Dishonesty.

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

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

7. Evident unfitness for service with children.

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

31.1 Guidelines for Disciplinary Action

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31.2 Disciplinary Procedure

31.2.1 Informal Hearing

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

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

31.2.3 Written Notice

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

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

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

otherwise.

31.2.4 Statement of Charges

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

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

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

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

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

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

District.

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

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

31.2.7 Right to a Hearing

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

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

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

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

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

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

31.3 Skelly Rights

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

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

The reasons for the proposed discipline; and

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

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

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

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

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

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

31.5 Release of Probationary Classified Employees

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

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

30.1 Reason of Layoff

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

30.2 Notice of Layoff

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

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

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

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

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

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

30.3 Notification of Reemployment

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

30.4 Holiday Pay for Employees Laid Off

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

23.1 Annual Funds for Employees Uniforms

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

23.1.1 Asbestos Workers, Warehouse Workers, and Window Washers

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

23.1.2 Document Publishing and Distribution Center

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

23.1.3 Student Nutrition

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

23.1.4 Houseparents

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

23.1.5 Custodial Workers

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

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

23.3 Uniform Review Committee

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

22.1 General Provisions

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

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

22.1.3 The Library Technicians shall be evaluated annually.

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

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

21.1 Filling of Vacancies

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

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

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

21.2 Long Term Temporary Assignment

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

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

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

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

20.1 General Provisions

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

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

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

20.2 Work Schedule Changes

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

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

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

20.3 Assignment of Available Fill-in work

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

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

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

19.1 Adequate Work Space

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

19.2 Computers and Printers

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

19.3 Use of Personal Vehicle

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

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

18.1 Assignment

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

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

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

a. Building the List of Openings by Site,

b. Submitting Choices, and

c. Filling Open Positions based on seniority.

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

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

18.2.1 Building the List of Openings

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

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

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

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

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

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

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

For example:

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

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

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

d. How seniority is determined.

18.2.1.2 When a position has a change in hours

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

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

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

18.2.1.3 Seniority List Sorted by Total Seniority

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

18.2.1.4 Creation of Bidding List

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

(a) it is a new position;

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

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

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

to 18.4.

18.2.1.5 Bidding Orientation

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

18.2.1.5.1 The Bidding Orientation will review:

a. bidding process

b. how bidding process works including

1. how to review the list of open positions

2. how to submit Bidding Survey

3. PCS seniority process

18.2.2 Submitting Choices

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

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

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

18.2.3 Filling Open Positions

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

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

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

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

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

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

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

a. packets of written information sent to SNS employees;

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

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

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

e. a list of each worker’s bids.

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

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

18.4 Filling Openings Outside the Semester Bidding Process.

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

18.2.1.4.

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

18.5 Temporary Assignment

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

18.6 Emergency Site Coverage

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

18.7 Access to Phones

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

18.8 Care and Cleaning of Cafeteria

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

These duties shall include breakfast, lunch and supper programs.

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

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

18.9 Work During a Split Shift or At Multiple Sites

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

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

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

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

18.10 No Loss of Pay for Incumbents

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

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

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

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

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

18.12 In-Year Vacations for School-Term SNS Employees

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

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

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

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

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

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

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

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

18.13 Training and Professional Development

18.13.1 External Training

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

18.13.2 Internal Training

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

18.14 Summer Assignments

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

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.

16.1 Comfort Standards

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

16.2 Career Pathways and Promotional Provisions

Promotional preference will be given to internal candidates who:

a. Have reached step 5 in their classification,

b. Have at least two (2) recent performance evaluations (within three (3) years of any job application) with a minimum performance rating of “competent and effective”, and

c. Meet the minimum qualifications of the position.

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

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

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

16.3 Clerical workers shall be provided with a written description of the work per site to be completed during their shift and when break periods are to occur. By mutual agreement between the supervisor and the employee break periods may be left to the discretion of the employee. Except where essential services will be impacted, the length of the unpaid lunch period shall always be left to the discretion of the worker, but shall not exceed one (1) hour.

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

16.5 Training

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

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

16.6 Job Duties

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

The District will respond to Article 16.7 in its compensation proposal.

16.7 Laptop Computers

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

16.8. Scheduling

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

16.9 Differentiation of Job Duties

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

16.10 Parking Accommodations

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

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.

13.1 All leaves of absence are governed by the following general provisions:

13.1.1 Leave requests must be approved by the department head or direct supervisor.

13.1.2 A request for leave of more than five (5) working days must be made on the prescribed form.

13.1.3 A temporary appointee is limited to a personal leave not to exceed one (1) month.

13.1.4 In the case of parental leave, a permanent employee may extend the leave up to an additional six (6) months, beyond leaves provided by law.

13.1.5 Witness and jury duty leave provisions shall be governed by Civil Service Commission rules.

13.2 Sick Leave With Pay

13.2.1 Unit members earn sick leave at a rate of 0.05 hours of leave per hour worked. Unused sick leave may be accumulated from year to year up to a maximum accumulation of one thousand forty (1040) hours.

13.2.2 No sick leave with pay is allowed during the first ninety (90) days of employment unless sick leave credits have been earned previously.

13.2.3 Unit members must notify their supervisor, as soon as possible, when they are unable to report for duty because of illness, and of their appropriate date of return to work. Sick leave protects loss of income while incapacitated.

Sick leave may be used for following reasons:

a. Inability to work because of illness or injury, not job-incurred.

b. Medical and dental appointments.

c. Absence due to quarantine declared by the Department of Public Health or other authority.

d. Death of an immediate family member or other relatives as defined in section 13.5.

e. Absence due to pregnancy or convalescence period following childbirth.

f. Illness or medical appointment of child or dependent adult. Absence because of the illness, injury, or medical or dental appointment of a biological or adopted child or child for whom the employee has parenting or child rearing responsibilities or because of the illness, injury, medical or dental appointment of a dependent adult.

13.2.4 An employee who is absent for more than five (5) consecutive working days, must submit a statement signed by a doctor, chiropractor, dentist, podiatrist, licensed clinical psychologist or Christian Science practitioner with information sufficient to certify the illness.

13.2.5 In cases of a pattern of alleged leave abuse, a departmental head may require an employee to furnish certification by one of the professionals specified in 13.2.4 for any amount of absence due to illness or require consultation with a District-approved doctor at District expense.

13.3 Illness During Vacation

13.3.1 Employees who are hospitalized, become ill or suffer an accident during a paid vacation which necessitated their being absent from normal duties, as certified by an attending physician’s written report, upon return to duty, may request that such time be charged against accrued sick leave instead of vacation.

13.3.2 Such requests, along with appropriate documentation, shall be submitted in writing to the appropriate supervisor, and shall not be denied without cause.

13.4 Catastrophic Sick Leave Transfer Program

13.4.1 Purpose – The Catastrophic Sick Leave Transfer Program is a resource to provide relief to those classified employees represented by SEIU 1021 who have suffered catastrophic illness or injury. Catastrophic illness or injury means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family and requires the employee to take time off from work for an extended period of time to take care of that family member.

In order to qualify for the catastro-phic sick leave transfer program:

13.4.1.1 All entitled sick leave and extended sick leave and/or any other paid time need to be exhausted prior to application for donated sick leave from the program.

13.4.1.2 The illness or injury must be certified by the attending physician who verifies that the illness or injury shall last for at least 30 days and totally incapacitates the employee (or their family member) from all work.

13.4.2 Eligibility for Participation – All classified members of the bargaining unit represented by SEIU 1021 shall be eligible to participate in the Catastrophic Sick Leave Transfer Program. Recipients are prohibited from working while on Catastrophic Leave.

13.4.2.1 Process

13.4.2.1.1 Recipient:

13.4.2.1.1.1 The recipient must have exhausted all paid leave to receive hours from the bank.

13.4.2.1.1.2 The recipient must apply for participation in the Catastrophic Sick Leave Transfer Program to the Union. Such application shall include medical reports certifying that the illness/injury is catastrophic as defined above.

13.4.2.1.1.3 SEIU shall be responsible for collecting donated time. Employees shall authorize donations in writing, signed, and dated. SEIU shall compile the list of donated time in order of donations received and a breakdown of how many sick leave and accrued and earned vacations hours members donated, SEIU shall then submit the list to the District along with supporting written authorizations.

13.4.2.1.1.4 A classified recipient may receive no more than the average or hourly scheduled number of hours worked daily times 100 from this bank per injury or illness.

13.4.2.1.2 The Union:

13.4.2.1.2.1  SEIU shall inform their membership on a case-by-case basis when the need for donated time arises.

13.4.2.1.2.2 Once the first-round list is received by the District, no more donations will be added. In the event more donations are needed, the process shall repeat itself.

13.4.2.1.3 The District:

13.4.2.1.3.1 The District will convert the donated hours to dollar amounts, based on the pay rate(s) of the donor worker(s). Thereafter, the District will deduct the designated sick leave and accrued and earned vacation time from donors, according to the list, and credit it to the worker on leave, according to the pay rate of the worker on leave.

13.4.2.1.3.2 Donated hours utilized in the order received, two (2) hours at a time per donor on a rotating basis as needed. Donated accrued and earned vacation time from all donors shall be utilized first before any donated sick leave is used.

13.4.2.1.3.3 At the completion of the Catastrophic Leave, the District shall return to SEIU the original authorization forms that now indicate hours were used and unused per each donor. The Union will be responsible for sharing this balance with donor members.

13.5 Bereavement Leave

13.5.1 The purpose of Bereavement Leave utilization shall be for absence due to the death of a member of the bargaining unit member’s family.

Family shall mean: spouse or domestic partner, parents, parents of the domestic partner or parents-in-law, grandparents, step-parents, children of the unit member, adopted children of the unit member, step-children of the unit member, siblings of the unit member, sons-in-law and daughters-in-law of the unit member, grandchildren of the unit member, a child for who the employee has parenting responsibilities, aunt, uncle, or any relative of the bargaining unit member who lived in the immediate household of the bargaining unit member.

13.5.2 Such leave shall not exceed five (5) working days and shall be completed within three months of the death. A Unit Member shall be granted up to three (3) additional days bereavement leave, if travel beyond a 500 mile radius is required, in the event of the death of a member of their immediate family.

13.5.3 For absence because of the death of any other person to whom the employee may be reasonably deemed to owe respect; leave shall be for not more than one (1) working day; however two (2) additional working days; shall be granted if extended travel is required as a result of the person’s death.

13.5.4 In alignment with California law, unit members are eligible for this leave if they have been employed for at least thirty (30) days prior to the commencement of the leave. The unit member, if requested within 30 days of the first day of the leave, shall provide documentation of the death of the family member.

13.6 Family Care and Medical Leave

The San Francisco Unified School District (the District) and SEIU, Local 1021 (the Union) acknowledge the obligation of the District to comply with the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the National Defense Authorization Act, as well as the rules and regulations implementing such laws. Information about applying for FMLA and CFRA leaves can be found on the SFUSD Intranet webpage.

13.6.1 For purposes of this section and consistent with current law, the term “parent” means biological, foster, in-law, or adoptive parent, a step-parent, or a legal guardian.

13.6.2 For the purposes of this section and consistent with current law, the term “child,” means a biological, adopted, and foster child, a step-child, a legal ward, or a child of an employee standing in loco parentis who is either under eighteen (18) years of age or an adult dependent child.

12.1 Holidays

Holidays observed by the San Francisco Unified School District (the District) by miscellaneous employees are those established by the Board of Education:

• Independence Day
• Labor Day
• Indigenous People’s Day (or substitution thereof)
• Veterans Day
• Thanksgiving Day
• Autumn (Thanksgiving) Recess
• Christmas Holiday
• New Year’s Day
• Dr. Martin Luther King Jr, Observance
• Presidents’ Day
• Memorial Day
• Juneteenth

12.1.1 Regular employees of the District who are normally not assigned to duty during the Winter Recess period shall be paid for the December 25 and/or January 1 holidays provided they were in paid status the day before or the day after said recess.

12.2 Paid Floating Holiday

12.2.1 Bargaining unit members shall have five (5) floating holidays (including Lunar New Year) per fiscal year. Bargaining unit members have the right to flexibly schedule four (4) floating holidays with their supervisor’s approval. While each request shal-l be considered on an individual basis, school-term unit members shall not normally be approved to take a floating holiday on student attendance days.

12.2.2 All floating holidays must be designated by the unit member prior to the end of the unit member’s work year and must be taken prior to June 30.

12.2.3 An employee may request the scheduling of the other four (4) floating holidays from their supervisor who is designated as responsible for vacation approval. While each request will be considered on an individual basis, school-term employees will not normally be approved to take a floating holiday on student attendance days. If a Supervisor does not approve an employee’s request to use a floating holidays on the date(s) requested, the Supervisor will make every reasonable effort to find an alternate mutually-agreeable date.

12.3 Vacation

12.3.1 The San Francisco Unified School District (the District) provides annual vacations for all classified employees who have completed one (1) year or more continuous service. Vacation is accrued and awarded each pay period in accordance with the following table, dependent upon whether one is a Year Round or a School Term Employee.

Number of Years of Service

Vacation Leave for Year Round Employees

1 to 5 Years .0385 x number of hours worked

After 5 to 15 Years .0577 x number of hours worked

After 15 Years and over .0770 x number of hours worked

Number of Years of Service

Vacation Leave for School Term Employees

1 to 5 Years .0485 x number of hours worked

After 5 to 15 Years .0728 x number of hours worked

After 15 Years .0970 x number of hours worked

12.3.1.1 The additional award of vacation after five (5) and fifteen (15) years will not be made and cannot be taken until the employee has reached his/her anniversary date in the fifth (5th) and fifteenth (15th) year of service. The maximum vacation awarded in any 12 month period and the maximum accumulations permitted are as follows:

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.