ARTICLE 7 - Union Rights
A. No Reprisals – The Union and Employer agree that no reprisals will be taken against any person who exercises rights guaranteed by law or this contract or who executes responsibilities imposed by law or this contract.
B. Negotiations with Other Organizations
1. The Board or its representative(s) agrees not to negotiate with any other organization or individual in matters upon which Local 2121 is the exclusive representative. Local 2121 agrees that neither it nor its representatives will negotiate privately or individually with any person or persons not officially designated by the Board as its representative(s) in matters upon which Local 2121 is the exclusive representative.
2. This Agreement shall constitute the full and complete commitment between both parties and may be altered, changed, added to, deleted from or modified only through the mutual consent of the parties in a written and signed amendment to this Agreement.
C. Union Dues and Agency Fee Deductions
1. Local 2121 shall be totally responsible for and shall handle and coordinate all paperwork, transactions, collections, lists, approvals, cards and all other matters associated with the conduct of an Agency Shop Dues arrangement with the appropriate payroll departments and agencies of the City and County of San Francisco. There shall be no involvement of District staff in any such activities except as specifically stated herein.
2. All unit members shall, as a condition of initial and continued employment for the duration of this contract, do the following:
2.1 Become a member of Local 2121;
2.2 Pay a Service Fee to Local 2121 in lieu of membership;
2.3 If a Conscientious Objector within the criteria set forth herein, or in other law, pay an amount equal to the Local 2121 service fee to a non-religious charitable fund as set forth below.
3. The District shall, at the time an individual's employment commences, furnish to that employee a written statement prepared and furnished by the Union of the above requirement in 7.C.2 and an enrollment form addressed to the Union. The statement shall include substantially the following language:
"I authorize the District to deduct from my wages the amount certified by Local 2121 as proper dues and/or fees for services provided by Local 2121. I hereby elect that such deduction be applied as follows:
[CHECK ONE.]
A. For Local 2121 Membership Dues
B. For a Service Fee in Lieu of Membership Dues
C. WAIVER - CONSCIENTIOUS OBJECTOR
WAIVER: I decline to have dues or service fees deducted in any amounts to be paid to Local 2121. In so declining, I certify as follows:
"I am a practicing member of a recognized body or sect which has historically held a conscientious objection to joining or supporting any employee organization. In lieu of paying for any dues, service fees or for any other services provided by Local 2121, I agree to the biweekly deduction of a sum equal to such amounts to be contributed to one of the three non-religious charitable funds exempt from taxation under Section 501(c)(3) of the Internal Revenue Code: 1) United Way; 2) Foundation of City College of San Francisco; 3) Combined Health Appeal of California. I agree to provide Local 2121 with proof of such belief as a condition of continued exemption from payment of membership dues or service fees.
"I further agree that if a dispute occurs between Local 2121 and myself as to claimed exemption or proof of payment as specified above, Local 2121 is authorized to have deducted from my wages an amount equal to the applicable membership dues or service fees pending resolution of the dispute."
NAME:
DATE:
4. Local 2121 agrees to furnish to the Director, Employee Relations, a letter certifying the amount of Local 2121 dues, service fees and fees for other services as applied to unit members. Such letter shall be furnished annually and upon any change in such amounts applied.
5. No employee shall be terminated from employment due to violation of this article until and unless:
5.1 The employee refused or is delinquent in making payments required as set forth herein;
5.2 District is given evidence and proof by Local 2121 that the employee:
5.2.1 Has been notified in writing that the employee is and has been delinquent in tendering the required charitable contributions, dues, service fees and/or fees for other services provided by Local 2121;
5.2.2 Has been informed of the amount of such delinquency by Local 2121;
5.2.3 Has been notified that unless all such amounts are tendered to Local 2121 within ten (10) calendar days the employee will be reported to the District for commencement of termination pursuant to law.
5.3 Local 2121 shall, after the ten (10) day period has elapsed, provide District with an official notice and request to commence termination proceedings. Such official notice shall be in the following language:
"Local 2121 certifies that (Employee Name and Employee Identification Number) has failed to tender required charitable fund contributions, dues, service fees, or fees for other services to Local 2121 as required as a condition of initial and continued employment under the negotiated labor contract between Local 2121 and District after written notification to do so in accordance with 5.2.1, 5.2.2, and 5.2.3. Pursuant to the terms of the contract, Local 2121 demands that District commence immediate termination proceedings against (The Employee's Name) pursuant to the contract."
Such demand shall be signed and dated by an authorized officer of Local 2121 with a copy to the employee named.
6. The District is not obligated to initiate Agency Fee deductions until the Union has provided the District with a copy of its notification to fee payers and has consulted with the District with regard to its obligation under State and Federal law (a) to inform fee payers of the amount of the agency fee including an appropriate breakdown of chargeable expenditures; (b) to make available to all fee payers an appeals procedure for challenging all, or part of, the agency fee amount, including a prompt hearing before a neutral decision-maker; and (c) to establish procedures to hold in escrow the fees that are reasonably in dispute.
7. Local 2121 agrees it shall reimburse the District for any and all litigation costs and attorney fees and shall hold District harmless from any liability arising from any and all claims, demands, lawsuits, or any other actions arising from any implementation or compliance with the Article, or, District reliance on any list, notice, document, certification, or authorization furnished under this Article by Local 2121.
D. Meetings and Use of Facilities
1. The Union shall have the right to use District facilities at reasonable times in accordance with established District regulations and procedures. Use of such facilities by the Union shall not interfere with nor interrupt normal District operations.
2. The Union agrees to leave the facilities used in a clean and orderly condition.
3. A Unit member shall not be released from his/her District-assigned duties to attend faculty Union meetings except with advance approval of the Director of Employee Relations.
4. Union Meetings – The District agrees to accommodate where possible a Union representative's request to schedule their regular work hours so that he/she is able to attend regularly scheduled Union meetings. To facilitate this process, the Union will provide the District with a list of such authorized representatives in advance of each semester as well as a schedule of the regular Union meetings.
5. A reasonable number of duly-authorized representatives of the Union may transact official Union business in the District. Reasonable access to unit members shall be accorded provided it does not occur during hours of scheduled assignments and does not interfere with the educational process. The Union shall provide to the District and update as required, the name(s) of Union representative(s) authorized to discuss official Union business with unit members.
E. Equipment Usage – The Union and its duly-authorized representatives may be allowed to occasionally use District equipment, with advance approval of management, without cost, when such equipment is not otherwise in use. Supplies for all printed materials must be solely at the expense of the Union. District requirements shall at all times have priority over those of the Union.
F. Bulletin Boards/Mailboxes for Communicating with Members:
1. The Union shall have the right to use institutional bulletin boards, mailboxes, subject to reasonable regulations and without charge. The Union may send e-mail to faculty members at their District e-mail addresses. Faculty members shall have the right to use District-owned or personal computers to communicate about Union business with each other and with their Union representative(s) by means of the District’s e-mail system.
1.1 Mailbox Procedures – City College, Ocean Campus
1.1.1 District shall box labeled mail in the main mailboxes.
1.1.2 District shall deliver mail in bulk to the following locations:
Environmental Horticulture
EOPS
Hotel & Restaurant
Counseling
Photography
North/South Gyms
Reentry Program
Airport
1.1.3 District shall provide Union with keys to the following locations where Union shall distribute its own mail.
Cloud Hall – Business Department
Arts Building – 1st and 2nd floors
Library
Batmale Hall
Science Building
2. Bulk mail distribution and Union materials on bulletin boards must be dated and bear Union identification as the distributor. Addressed Union mail must bear Union identification.
3. District assumes no liability for any lost, misplaced or undelivered mail from the Union.
4. Other Means of Communications – With advance approval of management, other means of communications may be utilized.
1. Four (4) parking permits shall be provided the Union for use by Union representatives for parking at District sites.
1. Contract Administration – District shall provide for the Union-designated Representatives paid release time for the purpose of contract administration, including grievance processing in accord with the following schedule:
Full Time Equivalent (FTE)
Academic Year
3.25
2009-2010
3.50
2010-2011
3.75
2011-2012
Release time shall be subject to reopener negotiations during 2009-2010 and/or 2010-2011 to determine whether the amount of District provided release time should be increased effective Academic Year 2011-2012.
Work loads for Union-designated Representatives may be balanced between semesters within an academic year in cases where the District finds it more advantageous for the instructional program to assign released time in this manner.
Contract administration released time shall be limited to faculty who continue to perform a faculty assignment that is at least twenty (20) percent of a full-time faculty member's load in addition to the released time. Requests for the Union's intended use of the contract administration released time shall be provided in writing by the President or designee of the Union to the Director, Employee Relations, or designee, at least four (4) weeks prior to the starting date of the scheduled released time. The written request shall include: (a) the names of the Union-designated Representatives, (b) whether they are full-time or temporary part-time faculty, and (c) the percentage of the FTE released time which has been allocated to each Union-designated Representative.
Temporary part-time faculty on contract administration released time shall be paid at the same rate as their concurrent faculty assignment, and the released time shall contribute to determining eligibility for fringe benefits. In no event shall contract administration released time for part-time faculty be used to change modal load.
2. Negotiations –A maximum of three (3) authorized members of the Union Negotiating Team shall be released from their regular work duties without loss of pay or benefits when negotiating meetings are scheduled during regular working hours of the members involved. By mutual written agreement between the Union and the District during negotiations, the maximum of three (3) may be waived to permit up to five (5) authorized members to be released from their regular work duties without loss of pay or benefits.
Requests for released time shall be made in writing by the Executive Director of the Union to the Director, Employee Relations, or designee, and shall be received, as early as possible prior to a scheduled session. In no event, however, may a request for such released time be received less than one work day in advance, in order for a member to be eligible for released time. The District will attempt to accommodate requests by members of the AFT negotiating team for class or work schedules which will allow released time for regularly scheduled negotiating sessions.
1. In accordance with Education Code Section 87768.5, the Board shall, upon request of the Union, grant a leave of absence to any unit member without loss of compensation, to enable such member to serve as an elected officer of the California Federation of Teachers, the American Federation of Teachers, or, an elected officer of Local 2121 while affiliated with such State and National organizations.
2. Requests for Any Such Leave:
2.1 Notification – Except in emergency situations or when waived by management, requests shall be filed no later than June 1 for the following Fall semester or September 15 for the following Spring semester.
2.1.1 Where short term (twenty (20) days or less) no later than five (5) days prior to the requested beginning day of the leave.
2.2 Return – District may grant or deny requests for early return from leave or cancellation of approved leave.
2.3 Notice at end of leave – Except in emergency situations or when waived by management, an employee on leave longer than three (3) months shall notify Human Resources Department in writing by June 1 or September 15 of the semester in which the leave expires:
2.3.1 Of his/her intention not to return to duty; such notice shall be deemed a resignation.
2.3.2 Of his/her request for leave extension.
2.3.3 Lack of such notification shall be deemed an intention to return on the date specified in the original approved leave application.2.3.4 Where no notice or leave extension request has been received and no emergency exists to prevent notice or return on the specified date, such failure shall:
2.3.4.1 Be deemed as unprofessional conduct;
2.3.4.2 Cause all salary and benefits to cease effective the day of scheduled return;
2.3.4.3 Cause District to begin immediate dismissal proceedings.
3. The Union may request short-term leave for the purpose of permitting AFT Local 2121 representatives who are not elected officers to attend and represent AFT Local 2121 at meetings or conferences. Except in emergency situations or when waived by management, a request for short-term leave shall be provided to the District’s Office of Employee Relations at least 20 days in advance. Such leave will be granted without loss of compensation to the unit member. The Union, upon the District’s request, shall reimburse the District for the cost of any instructional or instructionally-related substitute utilized in connection with the short-term leave.
1. Board Agenda/Minutes – The District shall mail to the Union office one (1) copy of all official Board minutes and one (1) copy of each Board agenda "packet" excluding all confidential information or materials as defined by applicable law. This material shall be furnished to the Union no later than the time they are furnished to the Board. Four (4) additional copies of the Board agenda "packet" shall be made available to the Union on request.
2. The District will provide the Union, either through computer means or available documents, the following information from payroll data for each unit member:
2.1 Name, date of birth, home address, home telephone numbers except for those unit members who indicate in writing that they do not want to give such information to the Union, work site/department location;
2.2 Step on the full-time salary schedule or hourly pro rata scale.
2.3 In which health plan the unit member is enrolled, if any, and whether the coverage is for “employee only,” “employee plus one,” or “employee plus family.”2.4 The classification of each employee assignment whether full-time, temporary full-time, categorical full-time, part-time temporary, substitute, overload, etc., and whether the assignment is credit or noncredit;
2.5 The number of credited semesters of part-time service for salary increment calculations for each part-time faculty member.
2.6 The District will provide the Union with the report provided management concerning class cancellations. Such report will be provided at the same time as distribution to management.
2.7 District will provide Union each spring semester with a report for the prior academic year (fall and spring semesters) indicating the department and the total full-time equivalent load (FTE) for each full- and part-time faculty member.
2.8 Local 2121 agrees it shall reimburse the District for any and all litigation costs and attorney fees and shall hold District harmless from any liability arising from any and all claims, demands, lawsuits, or any other actions arising from any implementation or compliance with this Article.
3. Policies/Administrative Regulations – The District shall provide copies, simultaneous with distribution to management, of any changes, additions, alterations, or deletions in order to maintain one (1) book of Board Policies and one (1) book of Administrative Regulations.
4. Budget/Studies – Upon request, the Union shall be provided with materials and data available to the public. Charges may not exceed cost.
4.1 District shall provide Union, without cost, at the time of submission to the Board of Trustees:
- One copy of CCFS-311, 311(Q), 311(L), CCAF 320;
- One copy of "Community College President's Study" (ACCCA) (when available);
- One copy of "CCSF Faculty Load Report" (when available);
- One copy of "Self-Study and Team Accreditation Reports";
- One copy each of "Preliminary, Tentative, Publication and Final Budget” in adopted form.
4.2 District will provide one copy of the District’s Full-Time Faculty Obligation Report submitted to the State Chancellor each fall, including the underlying report data.
4.2 District will provide Union with an electronic version of the Schedule of Classes during the first week of instruction in each fall and spring semester.
K. Union Information Packet – The District shall provide each new employee a packet of Union-supplied information. Such packet shall be enclosed in a pre-sealed envelope by the Union to facilitate delivery to the new employee. The Union shall be solely responsible for ensuring that the District receives a sufficient number of packets for distribution.
L. Copies of Agreement – The District and the Union will split the District's cost of reproducing the Agreement, or any amendments to the Agreement reached as a result of reopener negotiations. Such reproducing shall be in-house for distribution to all unit members.
M. Union/Management Consultation – The parties agree that communication involving employer-employee relations, specifically administration of the contract in force, may be facilitated by consultation meetings. Either party may request a consultation meeting where they believe a resolution of a problem or problems may be feasible. The party requesting such a meeting shall, in writing, submit an agenda to allow an understanding of the problem to be discussed or resolved and the date, place, and time requested. The receiving party shall, within three (3) work days, notify the requesting party of agreement or non-agreement to the meeting. Such meeting shall not be unreasonably denied. Meetings shall be held during Union members' non-working hours. Neither party shall have more than three (3) representatives at any such meeting unless mutually agreed to prior to the meeting. These meetings are not intended to bypass the grievance procedure and shall not constitute any invitation to renegotiate any provisions of the Agreement.
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