1-10-18 CSEA Negotiations Negotiations began at 9:40am District Representatives Present: Chesley Quaide, Ron Costa, Rick John, Kristin Tiger, Emma Barba CSEA Representatives Present: David Luna, Mike Elliot, Jennifer Silveira, CSEA Rep, Carol Black CSEA had presented the following proposal to EUSD via email prior to negotiations The District recognizes CSEA s right to release time per Education Code 45210 and in addition shall provide up to 120 200 hours per fiscal year of release time for attendance by Association President, Vice-President, Secretary and/or Treasurer for Association business, conference, etc. Additional hours may be provided by the Superintendent with CSEA paying substitute costs. Three-day prior notice to supervisor required prior to use of Association Business. 7.1.2.2 A 2% salary increase to step and column shall be given to all bargaining unit members retroactive to July 1, 2017. A four-level adjustment shall be given to the following positions retroactive to July 1, 2017: ARTICLE IX Health and Welfare Benefits Discuss an increase in the employer s contribution to the cap. ARTICLE XXIII Grievance Procedure 23.3.3 Level III. (b) Arbitration The grievant shall have the right to refer the matter to arbitration, provided CSEA agrees. Such referral shall be made by written demand submitted to the Superintendent or his/her designee within fifteen (15) workdays of receipt of his/her decision. On receipt of the demand for such arbitration, the parties shall have five (5) workdays in which to agree on an arbitrator. If they fail to agree, the State Conciliation Service shall be requested to submit a list of five (5) arbitrators; each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. The decision of the arbitrator shall be advisory binding. the Governing Board. At its next meeting, the Governing Board shall determine whether it will review a transcript of the proceeding with a view toward making its own findings
and conclusions or accept the arbitrator s decision as written. The decision of the Governing Board shall be final. EUSD had presented the following Counter Proposal to CSEA The District recognizes CSEA s right to release time per Education Code 45210 and in addition shall provide up to 120 140 hours per fiscal year of release time for attendance by Association President, Vice-President, Secretary and/or Treasurer for Association business, conference, etc. Additional hours may be provided by the Superintendent with CSEA paying substitute costs. Three-day prior notice to supervisor required prior to use of Association Business. 7.1.2.2 A 2% salary increase to step and column shall be given to all bargaining unit members retroactive to July 1, 2017. A four-level adjustment shall be given to the following positions effective July 1, 2018: ARTICLE IX Health and Welfare Benefits The District is agreeable to increase the employer s contribution to the cap provided that the cost of the increase is deducted from the above proposed salary increase. ARTICLE XVIII Safety 18.11 Drug and Alcohol Testing 18.11.1 Pursuant to, and in furtherance of, the Drug-Free Workplace Act of 1988 (41 U.S.C. Section 701 et seq.) and the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law # 101-226), the District and CSEA agree that: 18.11.2 The District may require all non-transportation employees to submit to drug and alcohol testing by a certified laboratory or other certified operator if a certificated administrator, nonbargaining unit classified manager, or designee trained to detect signs of behavior influenced by drug or alcohol use reasonably suspects that the employee is currently under the influence of alcohol or drugs while on duty. 18.11.3 The determination that reasonable suspicion exists will be based on specific, contemporaneous, articulate observations concerning appearance, behavior, speech or body odors of the employee and/or changes in general performance and behavior, such as deterioration in productivity, quality of work, and attitude. 18.11.4 The drugs which will be tested for include marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines (including methamphetamine) as well as alcohol. 18.11.5 Testing and notification protocols shall be the same as for the transportation employees.
18.11.6 An employee who refuses to submit to testing shall be deemed to have tested positive for drugs or alcohol. 18.11.7 Employees who test positive for drugs or alcohol or who refuse to submit to testing shall be subject to discipline pursuant to Article XXVI of this Agreement. Article XXI Negotiations 21.2.1 Both Parties agree to sunshine their negotiation openers during or before the first EUSD Board of Trustee meeting in October. Negotiations shall begin no later than November 15 th. A minimum of 4 negotiations sessions will be held by the end of January. If, at that time, an agreement has not been met, the parties may mutually agree to extend the negotiations timeline or a request for impasse will be filed with PERB. ARTICLE XXIII Grievance Procedure Status Quo. CSEA asked if EUSD had information on how much the district will be saving with SERP. EUSD stated the information was not available yet from Keenan, but SERP will not work with classified employees because it has never proven to be a savings to the district. CSEA questioned why 140 hours are proposed in Article 5.6, members will need 200 hours depending on who is in office and their work schedules, such as bus drivers, custodians etc. EUSD stated 133 hours were used last year, even if it was an election year so it s proven that 200 hours are not necessary. CSEA stated Article 18.11 is not necessary because it already exists in current contract language in Article 26, and if it is added it should be required of certificated employees also. EUSD stated current language is not what is being proposed and doesn t allow management to prove an employee is under the influence while on the job. CSEA questioned what the process is for certificated employees. EUSD stated it s a personnel issue and will not discuss the process, as the same discretion is practiced if certificated questioned the process for a classified employee. Caucus: 9:50am Resume: 10:40am CSEA presented the following Counter Proposal to EUSD The District recognizes CSEA s right to release time per Education Code 45210 and in addition shall provide up to 120 175 hours per fiscal year of release time for attendance by Association President, Vice-President, Secretary and/or Treasurer for Association business, conference, etc.
Additional hours may be provided by the Superintendent with CSEA paying substitute costs. Three-day prior notice to supervisor required prior to use of Association Business. 7.1.2.2 A 2% salary increase to step and column shall be given to all bargaining unit members retroactive to July 1, 2017. A four-level adjustment shall be given to the following positions retroactive to July 1, 2017: ARTICLE IX Health and Welfare Benefits Status Quo maintain current language ARTICLE XVIII Safety (NEW) 18.11 Drug and Alcohol Testing Maintain current practice (NEW) 18.12 Disaster Service Workers Maintain current practice ARTICLE XX1 Negotiations (NEW) 21.2.1 Both parties agree to sunshine their negotiation openers during or before the period of the first EUSD Board of Trustee meeting in November. ARTICLE XXIII Grievance Procedure 23.3.3 Level III. (b) Arbitration The grievant shall have the right to refer the matter to arbitration, provided CSEA agrees. Such referral shall be made by written demand submitted to the Superintendent or his/her designee within fifteen (15) workdays of receipt of his/her decision. On receipt of the demand for such arbitration, the parties shall have five (5) workdays in which to agree on an arbitrator. If they fail to agree, the State Conciliation Service shall be requested to submit a list of five (5) arbitrators; each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. The decision of the arbitrator shall be advisory binding. the Governing Board. At its next meeting, the Governing Board shall determine whether it
will review a transcript of the proceeding with a view toward making its own findings and conclusions or accept the arbitrator s decision as written. The decision of the Governing Board shall be final. EUSD questioned why 175 hours was proposed to Article 5.6 when only 135 hours used has been the most used in prior years. CSEA stated there might be a time where the president needs to be away and other employees may have to step in, and this will give that member extra time. CSEA stated it was an oversight in prior negotiations, where other positions were moved except for Bilingual Aides and Para Educator-RTI s were not. These positions once had stipends and now they do not. EUSD stated if this was an oversight by CSEA and EUSD shouldn t have to pay for the oversight. CSEA stated it is not to punish EUSD, but to make it right for the member. It s only two job classifications and it s the right thing to do. EUSD stated that during EUTA negotiations, retro was not settled on for level adjustments. CSEA has a Me Too clause and this should apply as well. Caucus: 10:50am Resume: 11:25am EUSD presented the following Counter Proposal 2 to CSEA The District recognizes CSEA s right to release time per Education Code 45210 and in addition shall provide up to 120 140 hours per fiscal year of release time for attendance by Association President, Vice-President, Secretary and/or Treasurer for Association business, conference, etc. Additional hours may be provided by the Superintendent with CSEA paying substitute costs. Three-day prior notice to supervisor required prior to use of Association Business. If at least three (3) union officers ever hold swing/split shift positions, the parties agree to re-open this article. Option A: 7.1.2.2 A 2% salary increase to step and column shall be given to all bargaining unit members retroactive to July 1, 2017. A four-level adjustment shall be given to the following positions effective July 1, 2018:
Option B: 7.1.2.2 A 1.63% salary increase to step and column shall be given to all bargaining unit members retroactive to July 1, 2017. A four-level adjustment shall be given to the following positions effective July 1, 2017: ARTICLE XVIII Safety 18.11 Drug and Alcohol Testing 18.11.1 Pursuant to, and in furtherance of, the Drug-Free Workplace Act of 1988 (41 U.S.C. Section 701 et seq.) and the Drug-Free Schools and Communities Act Amendments of 1989 (Public Law # 101-226), the District and CSEA agree that: 18.11.2 The District may require all non-transportation employees to submit to drug and alcohol testing by a certified laboratory or other certified operator if a certificated administrator, nonbargaining unit classified manager, or designee trained to detect signs of behavior influenced by drug or alcohol use reasonably suspects that the employee is currently under the influence of alcohol or drugs while on duty. 18.11.3 The determination that reasonable suspicion exists will be based on specific, contemporaneous, articulate observations concerning appearance, behavior, speech or body odors of the employee and/or changes in general performance and behavior, such as deterioration in productivity, quality of work, and attitude. 18.11.4 The drugs which will be tested for include marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines (including methamphetamine) as well as alcohol. 18.11.5 Testing and notification protocols shall be the same as for the transportation employees. 18.11.6 An employee who refuses to submit to testing shall be deemed to have tested positive for drugs or alcohol. 18.11.7 Employees who test positive for drugs or alcohol or who refuse to submit to testing shall be subject to discipline pursuant to Article XXVI of this Agreement.
Article XXI Negotiations 21.2.1 Both Parties agree to sunshine their negotiation openers during or before the first EUSD Board of Trustee meeting in November. A minimum of 4 negotiations sessions will be held by the end of February. If, at that time, an agreement has not been met, the parties may mutually agree to extend the negotiations timeline or a request for impasse will be filed with PERB. ARTICLE XXIII Grievance Procedure Status Quo. CSEA questioned if the Bilingual Aide and Para Educator-RTI had stipends. EUSD stated the Bilingual Aide position did. CSEA stated salaries in EUSD have always been behind compared to other districts and it s time to address the issue. Caucus: 11:35pm Resume: 11:40pm EUSD stated why it s important to have a timeline for negotiations to avoid oversights such the one being presented. CSEA stated timelines are not applicable to address job descriptions. There are current jobs without descriptions. CSEA and EUSD should work together to address these issues. Why punish an employee for an oversight. EUSD questioned if the district is being blamed for these issues and would appreciate if CSEA would please stop making this to be the district wanting to punish an employee. CSEA stated the blame is not being put on any party, it was an oversight from both parties and this is the time to make it right. Caucus: 11:45am Resume: 12:07pm The following Tentative Agreement between EUSD and CSEA was signed by both parties.
TENTATIVE AGREEMENT BETWEEN THE ESCALON UNIFIED SCHOOL DISTRICT ( EUSD ) AND THE CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION ESCALON CHAPTER #345 ( CSEA ) 2017-2018 January 10, 2018 The District recognizes CSEA s right to release time per Education Code 45210 and in addition shall provide up to 120 140 hours per fiscal year of release time for attendance by Association President, Vice-President, Secretary and/or Treasurer for Association business, conference, etc. Additional hours may be provided by the Superintendent with CSEA paying substitute costs. Three-day prior notice to supervisor required prior to use of Association Business. 7.1.2.2 A 2% salary increase to step and column shall be given to all bargaining unit members retroactive to July 1, 2017. An adjustment shall be given to the following positions effective February 1, 2018: Article XXI Negotiations 21.2.1 Both Parties agree to sunshine their negotiation openers during or before the first EUSD Board of Trustee meeting in November. A minimum of 4 negotiations sessions will be scheduled before the end of February. Adjourned: 12:15pm