ARTICLE 1 - Duration, Bargaining Unit, Reopeners
A. Duration – This Agreement is between the San Francisco Community College District (hereinafter referred to as “District” or “Board”) and the San Francisco Community College District Federation of Teachers, AFT, Local 2121, AFL/CIO (hereinafter referred to as “Union” or “Local”) and is effective on October 22, 2009, and shall remain in full force and effect through June 30, 2012 unless otherwise indicated herein.
B. Recognition – The District confirms AFT, Local 2121, as the sole and exclusive representative of all academic employees in the San Francisco Community College District, excluding retired faculty, temporary administrators, supervisory, confidential and management employees. However, pursuant to Article 29.A, faculty employed after retirement as faculty are members of the bargaining unit during such period(s) of reemployment and shall retain those rights as enumerated in Article 29.A during such time period .
C. Unit Eligibility – The District agrees that it shall notify the Union when full-time faculty return to the unit from the supervisory unit, and when new faculty are hired. Such notification shall be given to the Union as quickly as possible, but no later than 30 working days after inclusion and/or approval by the Board of Trustees.
D. Reopeners –It is agreed by and between the District and the Union that the following specified Articles and sections of the current Collective Bargaining Agreement, as amended, shall be subject to reopener negotiations during the term of the Agreement.
Article 7 – Union Rights See Article 7.H for specific reopener language on Release Time. Review mailbox procedures and revise as appropriate.
Article 9 – Evaluation
Explore means for providing student assessments of counselors’ and librarians’ performance. Review tenure review procedures for efficiency and use of resources. Review and modify evaluation forms as appropriate.
Article 10 – Disciplinary Action
Assess the clarity, efficiency and economy of the present contract language involving disciplinary standards and procedures, while protecting procedural and substantive rights of faculty.
Article 11 – Personnel Files
Review and assess student complaint procedures as contained in the sideletter to this article.
Explore removal/sealing of derogatory material after a suitable time period.
Article 12 – Upgrading
Review the provision, the Handbook for Faculty Screening/Interviewing Committees, the Faculty Hiring Procedures, and all other related and appropriate District documents to assure uniformity and consistency with District policy and State and Federal law regarding the goals of increasing diversity in hiring, and in applying upgrading rights. Review and explore hiring processes for filling full-time temporary positions and consolidated positions. Explore process to ensure that current part-time faculty are notified of faculty openings.
Article 13 – Assignment and Scheduling, Article 14 – Transfer
Reexamine and modify, as appropriate, the transfer criteria and procedure in light of the District’s departmental and multi-campus structure. Consider the feasibility of consolidating Articles 13 and 14.
Article 13-1 – Part Time Reemployment Preference
Review effects of reorganization of the Counseling Department.
Article 16 – Working Environment
Explore possible improvements to the ergonomic aspects of the work environment. Explore protocol for access to offices during non-working hours.
Article 17 – Leaves
Review FMLA, Voluntary Sick Leave Bank, and sick leave accrual and use provisions, and revise where appropriate.
Review economic disincentives regarding one-year sabbaticals and explore options to increase access to sabbaticals, within the context of available funding.
Article 18 – Load and Class Size
Assess and revise as appropriate the provisions of Article 18 and Policy Manual 3.15 relating to load and class size.
Article 19 – Calendar
Explore the feasibility of implementing alternate academic calendars and the attendant impact on the delivery of student services. Establish academic calendars for future years.
Article 20 – Compensation/Salaries
Assess and modify, as appropriate, the provisions of Article 20, with an emphasis on initial salary placement for part-time employees and librarians, the formula, including proportionate share, and method of pay (pay by load). Explore the possibilities for appropriate retirement incentives during the term of the Agreement. Review day-to-day substitute pay practice. Explore additional ways to accrue unit credit for column movement.
Article 21 – Fringe Benefits
Assess and modify, as appropriate, the provisions of Article 21, with an emphasis on employer contributions to medical premiums, short and long term disability insurance options, dental plan coverage limits, levels for prescription drug reimbursement, part-time employee eligibility criteria for employee and retiree benefits, and alternatives to the Health Service System.
Article 25 – Categorical Employees
Review contractual exclusions and limitations and revise where appropriate.
Article 27 – Summer Session
Discuss accrual of sick leave for summer assignments (subject presently excluded by Article 27 reference to 17.C).
Article 29 – Retired Faculty
Review CBA to assess whether, for clarity, other portions of the CBA, regarding retirees, would be better placed in Article 29.
ARTICLE 2 - Effect of Agreement
It is agreed the specific terms and provisions of this Agreement shall prevail over the District’s written policies, written rules, written rules, written regulations, written procedures and practice whenever such policies, rules, regulations, procedures, and practices are inconsistent with its terms.
A. Entire Agreement – It is agreed that this contract comprises the entire agreement between the Union and the District on all matters within the scope of representation, and neither party hereto has any further obligation to meet and negotiate on such matters during the term of this Agreement.
B. Obligation to Bargain – The above provision is not intended to relieve the District of the obligation to bargain with the Union prior to changing any existing written rules, written regulations, written procedures, or changing existing practices, where such rules, regulations, procedures, or practices are within the scope of representation.
ARTICLE 4 - Separability and Savings
A. If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held invalid by operation of law or by a court of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect. The parties agree they shall, upon the request of either party, within fifteen workdays subsequent to any such decision, meet for the purpose of negotiating such new terms or conditions required to correct the declaration of invalidity.
B. Within this Agreement, references are made to the District’s Affirmative Action and Staff Diversity Plan and/or Faculty and Staff Diversity Plan and to affirmative action. Recent legal changes may implicate the District’s prerogatives and obligations in connection with the implementation of affirmative action principles. The parties agree that the provisions of this Agreement must be read in a manner consistent with existing law.
Should changes or alterations be necessary due to Federal or State mandated changes in regard to Affirmative Action or Equal Employment Opportunity requirements and/or procedures, then the parties agree they shall, within fifteen work days subsequent to the notification of the necessity of such changes, schedule a meeting for the purpose of negotiating such new terms or conditions as required to bring this Agreement into compliance.
ARTICLE 5 - Non-Discrimination
A. The District and the Union agree not to discriminate against any faculty member on the basis of race, color, ethnic group identification, national origin, religion, gender, age, marital status, handicapped conditions, medical conditions, sexual orientation or status as a Vietnam-era veteran.
B. The Grievance Procedure herein may not be used for any claims arising hereunder for which another administrative forum, such as the Equal Employment Opportunity Commission or the Department of Fair Employment and Housing is provided by law. For purposes of this Article, the Public Employment Relations Board shall not be considered an administrative forum.
C. Should changes or alterations be necessary due to Federal or State mandated changes in regard to Affirmative Action or Equal Employment Opportunity requirements and/or procedures, then the parties agree they shall, within fifteen workdays subsequent to the notification of the necessity of such changes, schedule a meeting for the purpose of negotiating such new terms or conditions as required to bring this Article into compliance. (See Article 4, Separability and Savings.)
D. Anti-Discrimination/Sexual Harassment Training
The District and the Union will endeavor to increase training and awareness with respect to issues of discrimination and sexual harassment in the college environment.
A. The Union recognizes and agrees that the exercise of the express and implied legal powers, rights, duties, and responsibilities by the Board, e.g., the adoption of policies, rules, regulations, and practices in furtherance of these powers, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.
B. The Union recognizes and agrees that the District's powers, rights, authority, duties, and responsibilities include, but without limiting the generality of the foregoing, the exclusive right to manage its operation; to direct, select, decrease, and increase the work force, including but not limited to hiring, promotion, layoff, or discharge; to maintain discipline and efficiency of employees, to prescribe rules to that effect, to establish and change standards, to determine the qualification of employees; the right to make all plans and decisions on matters involving its operations; to determine solely the extent to which the facilities of any department thereof shall be operated, the additions thereto, the removal of equipment, the outside purchase of products or services, the scheduling of operations, the means and processes of operations, the materials to be used, and the right to introduce new, or improved, methods and facilities, and, to change or alter any existing methods and facilities; to regulate quality and quantity of services and to otherwise take any actions desired to run the entire operation efficiently.
C. The Union recognizes and agrees that the District retains its rights to amend, modify, or rescind terms and conditions of this contract or rescind policies and practices referred to in this Agreement temporarily as required by an emergency. An "emergency" is considered an Act of God, a natural disaster, or other dire interruption of the District program. Where an emergency is declared, the District shall immediately notify and consult with the Union. The Union agrees it will abide by such emergency decisions of the Board during the time of the declared emergency.
D. The District agrees that, in regard to a declared emergency and decisions made therein, the Union shall have the right to subject such declaration and decisions made therein to the provisions of the Grievance Procedure, Article 22.
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