ARTICLE 23 - Faculty Service Areas

A. The parties shall conduct additional negotiations on the subject of Faculty Service Areas during the term of this Agreement. Issues include:

1. A review of relevant Education code sections to ensure accuracy, relevancy, and compliance with State law;

2. periodic updates of defined faculty service areas (FSAs) for credit and noncredit modes of instruction;

3. competency criteria for faculty teaching in the credit and noncredit modes of instruction; and

4. any other issues identified and mutually agreed to by the parties.

ARTICLE 24 - No-strike

A. The Union and its members agree that they will not – directly or indirectly – plan, engage or participate in, solicit or sponsor any threatened or actual work stoppage of any type against the District, including slowdowns, partial strikes, concerted refusals to perform mandatory duties, or sickouts. In the event that the Union learns of any such actual or threatened activity, the Union shall inform employees of their obligations under this section and shall make its best efforts to encourage them to comply with their professional obligations and the terms of this section.

B. This Article does not apply to a strike called by the Union after exhausting impasse procedures for reopener negotiations on Article 20.A during the term of this collective bargaining agreement. If such a strike does occur, however, the provisions of Article 7.C, related to the deduction of agency fees, shall be suspended during the pendency of the strike. After the strike is over, the District shall resume deducting agency fees unless modified by the terms of any subsequent collective bargaining agreement.

ARTICLE 25 - Categorical Employees

A. The terms and conditions of this Agreement shall, in regard to categorically-funded programs and positions, be subject to the funding agency requirements and the grant contract provisions.

1. District shall, in all grants applied for, make every effort when applying for categorical funds to incorporate, where appropriate, the applicable provisions of this Agreement.

2. District shall not, in any grant, allow Temporary full-time categorical employees to be required to perform a higher work load than District-funded full-time employees.

3. Calendar for categorically-funded programs or positions shall be in accordance with the terms and conditions of the grant, except that no full-time categorical employee shall be required to perform for more than one hundred seventy-five (175) days without receiving additional compensation at the appropriate hourly rate of pay.

4. All categorically-funded programs and positions applied for shall be for no less than the prevailing applicable salaries, then existing, paid other District-funded employees.

B. Personnel Files – Where a personnel file is maintained for categorically-funded employees, the employee shall have access to such file in accordance with Article 11, "Personnel Files."

C. The following terms and conditions of the contract covering District-funded employees shall be applicable to categorically-funded programs and positions:

D. Notwithstanding any other provision of this Article, full-time District employees (tenure/tenure track) assigned fully or partially to a categorically-funded program or position whose salary and benefits are fully or partially charged to categorical funding, shall receive and have applied the terms and conditions of this Agreement as though on a District-funded program or position.

E. Evaluation –Consistent with Article 9, Section F, Categorically-funded employees who have been employed for one (1) semester or more may be provided, upon request, evaluations in accordance with Article 9, Section E, whenever possible within that semester or the ensuing two (2) semesters.

Consistent with Article 9, Section F, Full-time Temporary Employee Evaluation may take place when desired and/or scheduled by management. Except as provided in Section 9.B, no more than one official evaluation may take place in any one year.

F. Sick Leave

1. Sick leave for temporary full-time categorically-funded employees' illness or injury (only) shall be credited, in advance, to a maximum of ten (10) days in the following manner and at the time indicated where their assignment begins on the dates specified and continues throughout the period specified:

1.1 Federal Fiscal Year Grants

October 1 through end of the District Fall Semester (October to December – 3 days)

Beginning of Spring Semester through end of Spring Semester (January to May – 5 days)

August through September – 2 days

1.2 State/District Fiscal Year Grants

Beginning first academic day of Fall Semester to end of Fall Semester (August to December – 5 days)

Beginning first academic day Spring Semester to end of Spring Semester (January to May – 5 days)

1.3 Temporary full-time employees whose assignments begin on other dates shall be credited, in advance, pro rata, as their assignment period bears to the above.

1.4 In the credit program, an employee who is absent and takes sick leave for an amount of time less than or equal to one-half (½) of a particular day's assignment shall be charged with only one-half (½) day of sick leave.

1.5 In the noncredit program and for all counselors, sick leave shall be earned and used on an hourly basis in accordance with Article 17.C.1.1.

2. Other employees shall be granted sick leave hours on the basis of 0.057 x the number of hours of service performed during the academic calendar, subject to the following limits:

Limits of Accumulation – No part-time employee may accumulate more hours of sick leave per semester than the usual number of hours per week at 67% of a full-time load in that assignment times 0.057. This includes block hour assignments.

Use and Accrual of Sick Leave – Sick leave may be used at any time after it is earned, provided it is used in one hour increments. (Sick leave may be used in one-half [½] hour increments only when a full assignment is missed and that assignment is one which is regularly scheduled in one-half [½] hour blocks [e.g.,1½ hours, 2½ hours, etc.].)

3. Categorical earned sick leave may only be used by the employee during that grant period employment. Such accumulated sick leave may be used during the summer session when on the same grant.

4. Sick leave shall be accumulated during the applicable Federal or State grant period in accordance with 25.F.1, but shall not be cumulative beyond any program or grant period. Effective at the conclusion of the Spring Semester 2007, such accumulated sick leave may be cumulative beyond the grant period, provided the employee is continuing in the same categorically funded program and position.

5. Part-time employees who have accumulated sick leave while on District funding and accept a categorical position within the District shall have their District accumulated sick leave held in abeyance. When such employees return to District-funded positions, the sick leave held in abeyance shall be restored. A break of more than two consecutive semesters from District employment, either before or after categorical employment, shall result in forfeiture of District accumulated sick leave except, that a one-month grace period shall be given.

G. Notwithstanding any other provision, the salary provisions of Article 20.A, Compensation, as appropriate, shall be paid to all unit members in the categorically-funded programs.

H. The fringe benefits of Article 21.A and 21.B shall be applicable, as appropriate.

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OPEIU248:3AFL-CIO