Fill - Free fillable Final 2017-2020 UF Contract W Bookmarks (Diablo Valley College) PDF form

2017 - 2020

Collective Bargaining Agreement

between

Contra Costa Community College District

and

United Faculty

Revised: April 2011; September 2013; August 2017, October 2017

TABLE OF CONTENTS

Page

Article 1 Recognition 1

Article 2 Effect of Agreement 2

Article 3 Board – United Faculty Relations 3

Article 4 Management Rights 10

Article 5 Non – Discrimination 11

Article 6 Division/Departments 12

Article 7 Faculty Load/Class Size 19

Article 8 Scheduling 28

Article 9 Work Environment 33

Article 10 Working Days – Calendar 34

Article 11 Reassigned Time 35

Article 12 Leaves 37

Article 13 Non – Credit Instruction 50

Article 14 Early Retirement/Pre – Retirement Plans 51

Article 15 Reduced Load 55

Article 16 Transfer and Reassignment 56

Article 17 Evaluation of Faculty 63

Article 18 Personnel Files 65

Article 19 Grievance Procedure 67

Article 20 Salary 72

Article 21 Benefits 86

Article 22 Savings Clause 96

Article 23 Entire Agreement 97

Article 24 Not – for – Credit Contract Education 98

Article 25 Part-Time Faculty Staffing Preferences 99

Article 26 Duration 103

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ARTICLE 1

RECOGNITION

1.1 RECOGNITION AS EXCLUSIVE REPRESENTATIVE: The Governing Board of the Contra

Costa Community College District, hereinafter referred to as the "Board," recognizes the

United Faculty of the Contra Costa Community College District, hereinafter referred to as the

"United Faculty," as the sole and exclusive bargaining representative for all academic

employee faculty members, excluding the Chancellor, Vice Chancellors, District Office

Personnel, Presidents, Deans, Associate Deans, Vice Presidents, Directors, Assistant

Deans, Academic/Student Services Program Managers, Division Chairpersons, Assistant to

the President, and all other management, supervisory, confidential, and classified

employees. Newly created positions will be added to the unit by mutual agreement. When

mutual agreement cannot be reached, PERB procedures will be used.

1.2 UNION RECOGNIZES BOARD AS ELECTED REPRESENTATIVES: The United Faculty

recognizes the Board as the duly-elected representative of the people and agrees to

negotiate only with the Board representatives officially designated by the Board to act in its

behalf. The United Faculty further agrees that it will not attempt to negotiate privately with

the Board or any Board member.

1.3 DEFINITIONS:

1.3.1 The terms, "faculty member," "teacher," “instructor” and "member," shall refer to

any member of the bargaining unit. The term, "management," shall refer to

individual or collective management employees as defined in Chapter 10.7 of the

Government Code of the State of California. The term, "instructional unit," shall

refer to the unit specified as represented by the United Faculty.

1.3.2 The term "department" where used within the contract shall be read to include

the designation "non-departmentalized faculty group."

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ARTICLE 2

EFFECT OF AGREEMENT

2.1 COMPLETE AGREEMENT: This Agreement shall constitute the full and complete

commitment between both parties. This Agreement may be altered, changed, added to,

deleted from, or modified, only through the voluntary, mutual consent of the parties in a

written and signed amendment to this Agreement.

2.2 CONTRACT SHALL PREVAIL OVER PRACTICES: It is understood and agreed that the

specific provisions contained in this Agreement shall prevail over District practices and

procedures and over state laws to the extent permitted by state law.

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ARTICLE 3

BOARD-UNITED FACULTY RELATIONS

3.1 NO POLICY IN CONFLICT WITH CONTRACT: The Board shall not adopt or allow to be

adopted any Board Policy, Administrative Procedures or any other rule or regulation which is

in conflict with this Agreement. If any existing Board Policy, Administrative Procedure, or

other rule or regulation conflicts with this Agreement, this Agreement shall govern.

3.2 MODIFICATIONS TO BOARD/ADMINISTRATIVE POLICIES: Existing written Board

Policies and Administrative Procedures that are not covered in the contract but are within

the scope of bargaining will not be changed without giving the United Faculty 30 days notice

for analysis and comment, and the opportunity to negotiate.

3.3 POLICY CHANGES AND UF RIGHT TO REVIEW: All proposed new Board Policies,

Administrative Procedures or other rules or regulations within the scope of bargaining of the

District or any of its sub-units shall be forwarded to the United Faculty at least thirty (30)

work days before adoption for analysis, consideration and comment.

3.4 RELEASED TIME FOR UNITED FACULTY OFFICERS: The District will pay for 2 FTE of

United Faculty release time; United Faculty is limited to a maximum of 4.5 FTE release time

(this figure includes the 2 FTE release time provided by the District). If any release time,

including United Faculty release time, results in the faculty member’s semester load

exceeding 1.0, the faculty member shall be allowed to “bank” the amount in excess of 1.0

and utilize it according to 7.11.

3.4.1 Such 4.5 FTE released time shall be calculated based on the District load policy.

3.4.2 All such released time shall be reimbursed to the District by the United Faculty.

The replacement cost for released time for United Faculty will be calculated

based on the District-wide mean salary rate per hour for temporary (part-time)

instructors.

3.4.2.1 The District and United Faculty agree that a fifteen (15) hour per week

faculty load will be used when computing United Faculty's release

time billing.

3.4.3 The District agrees to grant to the United Faculty Executive Committee and four

(4) grievance officers released time for attendance at conferences and seminars

pertaining to labor relations activities. No District payment shall be made for

travel, rooms, meals or related expenses.

3.4.3.1 Such released time shall be requested, wherever possible, two (2)

weeks or more in advance of such conference or seminar.

3.4.3.2 Such released time cumulatively shall not exceed two (2) FTE during

any fiscal year, and no one member shall exceed one-fifth (1/5) FTE.

3.4.3.3 All such released time shall be reimbursed to the District by United

Faculty as in Article 3.4.2.

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3.5 RELEASE TIME FOR NEGOTIATIONS: A reasonable number, not exceeding seven (7)

members of the Bargaining Committee, shall be released from their regular work duties

(whether regular, part-time, night-time, or summer classes) with pay, when negotiation

meetings with management are scheduled during working hours of the employees involved.

Normally, negotiations will take place after 2:00 p.m.

3.5.1 Grievance Committee: A reasonable number, not exceeding five (5) members of

the Grievance Committee, shall be released from their regular work duties

(whether regular, part-time, night-time, or summer classes) with pay, when

assisting members in grievance resolution meetings which are scheduled with

management during the working hours of the Grievance Committee member

involved. No more than one member of the college Grievance Committee may

be released at any given time. This does not include the United Faculty

president or vice-presidents.

3.6 DOCUMENTS PROVIDED TO THE UNION: The Board shall provide the United Faculty the

following documents on a regular basis at no cost to the United Faculty. Special issues,

updating, modifications, corrections, shall be provided at the same time distribution is made

to management employees.

3.6.1 Five (5) copies each of:

 Directory of District Personnel

 Governing Board agenda packets and minutes excluding confidential

materials

3.6.2 Four (4) copies each of:

 Board Policy and Administrative Procedure books

 Budgets, tentative, official, and line item for District and all Colleges

3.6.3 One (1) copy each (or the equivalent) of:

 Audio tapes of public sessions of regular and special Board meetings

which are taped

 All general enrollment data

 UM-05 Faculty Load

 UM-06

 UM-15 Reassigned Time

 UM-18 Program Review

 UM-31 Program Review

 UM-37 ADA/FTE

 UM-42 Cost-ADA

 ES-24 Personnel Budget Projection Report

 UM-12

 UM-20

 UM-44

 ES-65

 ES-35 Annual report plus April and November report

 Annual Five (5) Year Construction Plans report

 Annual Deferred Maintenance Plan report

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 Annual Audit Report

3.6.4 The District shall provide the United Faculty with any document available to the

public, for example CCFS-311. The United Faculty shall pay reasonable

photocopying costs for documents.

3.7 DUES: The following provisions shall apply to dues for unit members.

3.7.1 Part-Time Employees: District agrees to deduct dues in uniform amounts from

all temporary (part-time) members within the unit recognized who have signed an

authorization card for such deductions in a form approved by the District. Such

dues shall be transmitted to the treasurer of the United Faculty. The written

authorization for dues deduction shall remain in full force and effect unless

revoked as provided in such form, and shall automatically cease upon

termination of employment.

3.7.2 Agency Shop: Each regular, Contract I, Contract II, Contract III, and regular part-

time unit employee shall, as a condition of initial and continued employment with

the District, become a member of the United Faculty or shall pay a service fee

equal to the monthly dues of the United Faculty. This agency shop agreement

shall continue for the life of this contract for all current eligible employees.

3.7.2.1 United Faculty agrees that it shall furnish a "Certification Form" to

District, legally executed, certifying United Faculty membership dues

or service charge. Such certification shall be furnished annually prior

to June 10 or upon any change in such dues or service charges. The

certification shall provide substantially the following:

I certify that the dues and service charge for employees eligible within

the unit for Agency Shop dues and service charges requirements is

$________ per _______________.

Effective Date____________________

Date of Certification_____________

Signature_________________________

Title_____________________________

3.7.2.2 District shall, at the time an individual's employment commences or

status changes to bring him/her into the eligible classes, furnish to

each employee a written statement and an enrollment card which

shall include substantially the following:

3.7.2.2.1 All regular, regular part-time, Contract I, Contract II, and

Contract III employees within the unit shall, as a condition

of initial and continued employment for the duration of the

collective bargaining contract, do the following:

1. Become a member of the United Faculty of

Contra Costa Community College District;

2. Not become a member of the United Faculty,

but pay a service fee to the United Faculty;

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3. If a religious objector, pay an amount equal to

United Faculty dues for services to a

nonreligious charitable fund.

3.7.2.2.2 The enrollment card shall include substantially the

following language:

I authorize a payroll deduction from my wages in the

amount certified by United Faculty to the District as proper

monthly dues and/or fees provided by United Faculty. I

hereby elect that such deduction be applied as follows:

(CHECK ONE)

1. For United Faculty membership dues.____

2. For an Agency Shop service fee to United

Faculty.____

3. I decline to have dues or fees deducted from

my pay warrant. I agree to pay a monthly fee

for services directly to United Faculty. United

Faculty requires advance payment of twelve

months if such fees are not deducted from my

pay warrants. I agree to provide United Faculty

with such sum and to submit an

acknowledgment to District of such payment

within five (5) days of signing this card. If such

acknowledgment is not provided by me within

five (5) days, I agree District shall deduct and

submit the monthly fee from my pay warrant

each month and forward the sum to United

Faculty.

Name______________________

Date______________________

4. Waiver. I decline to have District deduct any

amounts from my pay warrants pursuant to the

above and certify as follows:

I am a practicing member of a recognized

religious body or sect which has historically

held a conscientious objection to joining or

financially supporting any employee

organization. I am not now financially

supporting any employee or faculty organization

nor have I in the past belonged to or financially

supported such an organization. In lieu of

paying dues, service fees or other to United

Faculty, I agree to pay a monthly sum equal to

such amount to a nonreligious charitable fund,

exempt from taxation under Section 501(C)(3)

of the Internal Revenue Code. Such fund shall

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be the "Scholarship Fund of the United Faculty

of Contra Costa Community College District." I

agree to provide United Faculty with proof that I

meet the conditions of this waiver and proof of

payment on a monthly basis as a condition of

continued exemption from payment of

membership dues or service fees to United

Faculty. I agree, that if a dispute between

United Faculty and myself occurs as to the

validity of my claimed exemption and District is

notified of such dispute by the United Faculty,

District shall deduct monthly an amount equal

to dues or service fee from pay warrants and

remit to United Faculty such amounts pending

notification by United Faculty that the dispute

has been resolved.

Name______________________________

Date_______________________________

5. This authorization and direction shall remain in

effect during the period of this contract unless

revoked in writing by me. Such authorization

shall be automatically renewed for the period of

each succeeding applicable contract between

the District and United Faculty. This

authorization shall be automatically revoked

upon my termination of District employment or

change of status within the District to remove

me from the eligible categories stated herein.

3.7.2.3 No employee shall be terminated by enforcement of this article

unless:

3.7.2.3.1 District is offered proof from United Faculty that the

employee has been notified by letter explaining the

delinquency in not tendering either uniformly required

United Faculty dues or an amount equivalent to the

uniformly required United Faculty dues, and specifying the

current amount of such delinquency and warning that

unless such dues or service charge is tendered within thirty

(30) days, he/she will be reported to the District for

termination as provided in this article; and,

3.7.2.3.2 United Faculty has furnished written proof that the

procedure in 3.7.2.3.1 above has been followed, or has

supplied the District with a copy of the letter sent to the

employee and notice that the employee has not complied

with the request. United Faculty shall specify further, when

requesting District to terminate the employee, the

following, by written notice:

United Faculty certifies that (the employee) has failed to

tender either uniformly required United Faculty dues or

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service charge required as a condition of continued

employment under the contract and that under the terms

thereof, United Faculty demands the District terminate

(the employee) forthwith.

3.7.2.3.3 United Faculty agrees it shall indemnify and save the

District harmless from any and all claims, demands, suits,

or any other actions arising from this demand for

termination.

3.7.2.4 District agrees that during the life of this contract and to the extent the

laws of the State of California permit, and as provided in this article,

District will deduct one (1) month's current and periodic United Faculty

dues or service charge amount based upon the "Certification of

Membership Dues and Service Charges" in uniform amounts, from the

pay of each eligible employee who has voluntarily executed and

delivered to the District an authorization form in substantial

compliance with Section 3.7.2.2.2.

3.7.2.5 Changes in the amount of monthly uniform United Faculty dues or

service charges, for any E. dues or deductions within this article, must

be delivered to the District by United Faculty at least thirty (30)

calendar days prior to the day the pay warrant will be issued.

3.7.2.6 All sums deducted by the District shall be remitted to United Faculty at

the address given to the District by United Faculty once each month

by the fifteenth (15th) calendar day following the pay period on which

the deductions were made. District shall notify with each remittance

the name of each employee and the amount of deduction.

3.7.2.7 District shall not be liable to United Faculty by reason of the

requirements of this article for the remittance or payment of any sum

other than that constituting actual deductions made from the wages

earned by the employee. United Faculty agrees it shall indemnify and

hold the District harmless from any liability arising from any and all

claims, demands, suits, or other actions arising from compliance with

this article, or, in reliance on any list, notice, certification or

authorization furnished under this article. United Faculty, in addition,

agrees it shall refund to District any sums paid to it in error.

3.8 BUDGET COMMITTEE: It is agreed United Faculty may select a United Faculty Committee

of no more than eight (8) members to meet with the Vice Chancellor of Finance and

Administration as a "Budget Policy, Allocation and Review Committee." Such meetings shall

be called by the Vice Chancellor of Finance and Administration every two (2) months for the

purpose of reviewing budgetary information, receiving input, and consulting with the

representatives of the United Faculty; the meeting shall not be for the purpose of

negotiations.

3.8.1 It is agreed United Faculty may select a United Faculty Committee of no more

than six (6) members to meet with the College President and/or designee(s) on

the respective campuses for the purpose of reviewing campus budget

information. Such meetings shall be called by the respective President and/or

designee(s) on an approximate bi-monthly basis.

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3.8.2 Any such meetings shall be without released time payment for faculty

participants.

3.9 CONSULTATION PROCEDURE: There shall be a Contract Review Committee(s) (CRC)

composed of management and United Faculty representatives. Membership will include the

President of the United Faculty and the Chancellor or their designees. The committee will

also include two (2) members appointed by each party or more by mutual agreement. The

same members need not attend each meeting. Different panels of the committee may

address different issues. It is agreed that, as a member of CRC, the Chancellor will meet

with the United Faculty at least six (6) times per year.

3.9.1 The committee will meet at least six (6) times per year. Additional meetings may

be scheduled by mutual agreement. Any agenda items must be presented to the

other party at least five (5) days before the meeting for approval. The agenda

will include any specific action proposed to be taken.

3.9.2 The committee(s) may address:

3.9.2.1 Interpretation of the contract.

3.9.2.2 Rules and regulations for managing the agreement.

3.9.2.3 Procedures used in case of emergencies (the advanced notice

requirement need not be followed in these instances.)

3.9.2.4 Consultation issues not addressed through other procedures.

3.9.3 The committee issues which may require changes in the collective bargaining

agreement must be submitted to the parties for final approval.

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ARTICLE 4

MANAGEMENT RIGHTS

4.1 MANAGEMENT RIGHTS: There are no provisions in this Agreement that shall be deemed

to limit or curtail the Board in any way in the exercise of the rights, powers and authority

which the employer had prior to the effective date of this contract; unless, and only, to the

extent that provisions of this Agreement limit or curtail such rights, powers and authorities.

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ARTICLE 5

NON-DISCRIMINATION

5.1 DISTRICT AND UNION AGREE TO FOLLOW FEDERAL LAW: The Board and the United

Faculty agree that they shall abide by Title VII and Title IX of the Federal Civil Rights Act of

1964, as amended in 1972.

5.2 NO DISCRIMINATION DUE TO LAWFUL UNION ACTIVITY: The Board shall not

undertake any action or allow any action to be undertaken which restrains, coerces or

discriminates against any employee with respect to working conditions within the scope of

representation, because of membership in, or lawful activity on behalf of the United Faculty.

5.3 NO DISCRIMINATION: The United Faculty and the District recognize that all members of

the bargaining unit are entitled to a safe, harassment-free work environment. The District

will take all reasonable steps to guarantee that employees will not be subjected to

intolerable working conditions, as well as discrimination based upon sex, race, gender, age,

national origin, physical condition, sexual orientation, religion or marital status. The District

will not permit supervisors to abuse, harass or intimidate persons in the bargaining unit.

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ARTICLE 6

DIVISION/DEPARTMENTS

6.1 DIVISIONS: Division procedures, including procedures for division structure and faculty

participation, shall be determined by management in consultation with division faculties.

Such procedures to be on file at the college, District Office, and UF office.

6.1.1 Wherever possible, division recommendations to the next higher management

level shall be developed in consultation with division faculties. However, in

scheduling, budget, and curriculum matters, recommendations shall always be

developed in consultation with division/department faculties.

6.1.2 Faculty participation in division/department operations shall be facilitated by

department chairpersons in the operations listed in 6.4 below.

6.2 DEPARTMENTS/FACULTY PARTICIPATION: Departments/Faculty Participation. Unit

members shall be considered members of the college, division and department wherein

their largest assignment falls.

6.2.1 Department faculty procedures, consistent with division procedures, shall be

determined by the faculty members within them.

6.2.2 Such procedures are to be on file at the college, District Office, and UF office.

6.2.3 Department Chairpersons:

6.2.3.1 Elections/Term: Department chairpersons shall be elected for two (2)

year terms from and by the regular and contract employees of the

department. Such chairpersons may be recalled by two-thirds (2/3)

vote of the same constituency.

6.2.3.2 Job Description for Department Chairpersons: The following duties

and responsibilities shall apply: Duties not listed cannot be added to

the regular department chair responsibilities except by mutual

agreement between the District and United Faculty.

6.2.3.2.1 Represent the department and act as liaison between

the management and department members.

6.2.3.2.2 Listen to student inquiries, complaints and grievances

about department members and matters. Attempt to

resolve matters or refer matters to Dean when

appropriate.

6.2.3.2.3 Be regularly available to colleagues and answer

departmental inquiries and attempt to resolve

complaints and grievances on a department level in a

timely manner.

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6.2.3.2.4 Coordinate the preparation and submission of class

schedules to Division Dean, meeting established

deadlines.

6.2.3.2.5 Participate in the hiring process for full and part-time

faculty, including recruiting faculty to serve on selection

committees.

6.2.3.2.6 Coordinate faculty evaluations for regular and part-time

and substitute faculty in the department.

6.2.3.2.7 Assist in the orientation of new faculty.

6.2.3.2.8 Contribute, as needed, in budget development

process. Monitor and maintain department budgets.

6.2.3.2.9 Represent or delegate representation of the

department at appropriate division/administrative/

college/district meetings.

6.2.3.2.10 Coordinate the development of course reviews,

revisions, additions, and deletions. Oversee changes

in course outlines and catalog changes.

6.2.3.2.11 Be responsible for meeting Curriculum Committee

deadlines and seeing changes through the Curriculum

Committee.

6.2.3.2.12 Disseminate information about curriculum changes to

department members in a timely manner.

6.2.3.2.13 Convene department meetings as often as necessary

to meet deadlines and responsibilities.

6.2.3.2.14 Assist with student recruitment and community

outreach when appropriate.

6.2.3.2.15 Coordinate program review and institutional planning.

6.2.3.2.16 Assist with the maintenance of files on current course

outlines, syllabi, textbook orders and class schedules.

6.2.3.2.17 Assist in the development of grant applications and

special funding.

6.2.3.2.18 Assist in monitoring the use and condition of facilities

and equipment assigned to the department.

6.2.3.2.19 Provide appropriate input for the evaluation of

classified staff as needed.

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6.2.3.2.20 Evaluate, when appropriate, hourly and student

employees.

6.2.3.2.21 Assist counselors/advisors and the articulation officer

to clarify and update information on departmental

courses.

6.2.3.2.22 Advocate on behalf of the department and work with

the administration to effect changes requested by the

department.

6.2.3.2.23 Disseminate appropriate information.

6.2.3.2.24 Assist in implementing district and state mandated

changes.

6.2.3.2.25 Coordinate the development and maintenance of

departmental guidelines.

6.2.3.2.26 Oversee and facilitate the development and

assessment of course and program-level student

learning outcomes.

6.2.3.2.27 Facilitate implementation of drop-in hours-by-

arrangement.

6.2.3.2.28 Facilitate requisition of supplies, textbooks and

teaching materials.

6.2.3.2.29 Participate in facility development.

6.2.3.2.30 Coordinate or assign the coordination of career or

technical education certificate programs as defined

below.

6.2.3.2.30.1 Identified by career or technical education SAM code.

6.2.3.2.30.2 The program offers at least one certificate of

achievement that has a program goal of career or

technical education certification or degree.

6.2.3.2.30.3 The program has an advisory group made up of

community members that meets at least once each

semester to advise the program coordinator.

6.2.3.2.30.4 Program coordinators who fail to meet the

requirements above shall be ineligible for coordinator

compensation as found in Article 11.1 in the

subsequent semester.

6.2.3.3 Evaluation: Annually, the appropriate Area Dean will write a letter to

each Department Chair providing feedback related to the established

duties and responsibilities and/or will schedule a meeting to provide

feedback in person. The letter may be retained but will not be placed

in the Department Chair’s personnel file.

6.2.3.3.1 When the manager perceives there is a performance

problem based on the approved duties and

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responsibilities of the department chair, the manager

will meet with the department chair to attempt

resolution at this level.

6.2.3.3.2 If the problem is not resolved at the first level, the

manager may notify in writing the department

members, as defined by the department bylaws,

regarding the nature of the performance problem, citing

specific duties of the job description that the manager

believes are not being performed adequately.

6.2.3.3.3 Members of the department will then design and

conduct a departmental peer evaluation of the chair's

performance based upon the relevant areas of the

department chair description.

6.2.3.3.4 The department will then meet with the department

chair to discuss the findings of the peer review and

take appropriate action if necessary.

6.2.4 Non-Departmentalized Areas: Where sixty percent (60%) of the regular and

contract faculty in a division has not formed into departments, that faculty may

form one (1) non-departmentalized faculty group for the purpose of facilitating

faculty participation in the operations listed in Section 6.4, below.

6.2.4.1 Election/Term: Where a non-departmentalized group is formed, the

chairperson shall be elected for a two (2) year term from and by the

regular and contract employees of the non-departmentalized division.

Such chairperson may be recalled by a two-thirds (2/3) vote of the

same constituency.

6.3 ESTABLISHMENT/CHANGE/ABOLISHMENT: District shall notify the United Faculty for

consultation prior to establishing, changing, or abolishing any recognized department

structure.

6.3.1 Any adverse effect within the scope of bargaining on faculty members resulting

from such establishment, change or abolishment shall be immediately negotiated

with the United Faculty on request.

6.3.2 Management may offer assistance to the affected faculty in initial organization of

departments. Such assistance is not mandatory, but is desirable and may be

communicated in either written or oral form.

6.4 PARTICIPATORY AREAS: The following are areas of participation for departments:

6.4.1 Budget: Faculty in departments make budget requests for instructional programs.

The appropriate division committee reviews such requests and makes

recommendations. Faculty in departments recommend procedures for

distribution of discretionary funds allocated to those departments.

6.4.2 Scheduling: Faculty in departments prepare and recommend teaching schedules

and room assignments in accordance with Article 8 of this contract.

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6.4.3 Hiring: Refer to Uniform Selection Guide to See Entire Hiring Policy. District

Human Resources shall provide support for all full-time faculty recruitments.

Support will include, but will not be limited to:

1. Conducting initial paper-screening of all applicants for minimum qualifications.

Applications will be sorted into three groups: those that meet minimum

qualifications; those that do not meet minimum qualifications; and those that

might meet minimum qualifications (or might meet equivalency standards). All

three groups of applications will be forwarded to the paper-screening committee.

2. Handling and investigating all complaints related to recruitment initiated by an

applicant, committee member, or anyone involved in the recruitment process.

6.4.3.1 The paper screening committee for faculty shall be selected according

to department regulations and shall consist of no less than two (2)

regular faculty members, or, if necessary, one regular and one

contract III faculty member. One hourly rate (part-time) instructor shall

be guaranteed a screening interview for a full-time faculty position for

which he/she meets the minimum qualifications. The applicant to be

interviewed shall be determined through the established paper

screening process.

6.4.3.2 Faculty shall participate in the screening of applications and in the

screening interview of such classified employees as serve in a direct

relationship to the instruction or student service program or fall under

a department where such screening is not in conflict with contract

provisions of the classified units.

6.4.3.3 An interviewing team shall be selected according to department

regulations and shall consist of no less than two (2) and no more than

five (5) regular faculty members and a voting manager proposed from

a panel of two to three academic administrators from that college.

The panel shall be chosen and submitted by the department and

agreed to by the college president. If a department is three or less

full-time tenured faculty, the faculty in the division shall select the

panel of administrators. The same team shall interview all of the

candidates who are invited to come to the college.

6.4.3.3.1 Where a department has one (1) position authorized to it, the

interviewing committee used in filling such position shall be chosen by

the Faculty Senate President in consultation with the division

chairperson and Dean. Such committee shall consist of no less than

two (2) and no more than five (5) regular faculty members plus the

division chairperson who serves as a voting member.

6.4.3.3.2 Where a department has two (2) positions authorized to it and one (1)

of those positions is to be filled, the interviewing committee used in

filling it shall be jointly chosen by the remaining faculty member and

the Faculty Senate President in consultation with the division

chairperson and Dean. The committee shall consist of no less than

two (2) and no more than five (5) regular faculty members plus the

division chairperson who serves as a voting member.

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1. Each department shall develop instruments for

the rating of the candidates. Such instruments

shall be the property of the District.

2. Such instruments and/or questions shall be

reviewed and approved by the District. If the

District does not approve the department’s rating

instruments, the District shall consult with the

department to resolve the differences. Personal

notes and/or information placed on the official

rating sheets shall remain the property of the

District.

3. Any and all personal notes and/or information

developed by individual team members shall

remain the property of the team member.

4. The interviewing team shall recommend at least

two (2), preferably three-five (3-5), of the best

qualified applicants, without indicating any

preferences, for consideration by management.

After management interviews the referred

applicants, management shall meet with the

interviewing faculty team to discuss the ranking of

the candidates and the president's proposed

recommendation to the Chancellor and the

Governing Board.

5. Management shall make the final selection based

upon the recommendations of the interviewing

team, and its own evaluation. If the college

president and the interview team do not reach

agreement regarding the candidate interviewed

under this procedure, both recommendations

shall be forwarded to the Chancellor for a final

recommendation to the Governing Board.

6. With the concurrence of the appropriate

department these hiring procedures may be

waived for part-time temporary faculty

employees.

7. Faculty may be invited to participate in the

selection of management personnel at the

discretion of the Chancellor, or his designee.

6.4.4 Staffing: Faculty in departments can make recommendations through the

division chairperson on such matters as staffing needs, enrollment trends, use of

part-time staff, and affirmative action programs.

6.4.5 Curriculum: Following department procedures, faculty can make

recommendations for new courses or curriculum changes to the appropriate

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committee dealing with curriculum and instruction as constituted at the local

campus.

6.4.6 Facilities: Faculty in departments can make recommendations for the use of

facilities.

6.4.7 Staff Development: All faculty and staff development monies shall be distributed

to the colleges on a basis proportional to the number of faculty FTE at each

college. The college monies shall then be allocated at the college by mutual

agreement between the college staff development committee and the

management designee. Faculty in departments may formulate in-service training

recommendations. In-service training programs for the improvement of

instruction in departments shall not be undertaken without the consideration and

approval of the affected group.

6.5 DISTRICT HAS FINAL RESPONSIBILITY AND AUTHORITY: Notwithstanding any of the

above, District management has final responsibility and authority for all District operations.

6.6 WRITTEN RECOMMENDATION NOT ACCEPTED: When management does not accept a

written recommendation of the department the appropriate chairperson shall be notified in

writing of the action and the reason(s) therefore.

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ARTICLE 7

FACULTY LOAD/CLASS SIZE

7.1 Faculty Load is credited in hours per course which are assigned in instructional load

assignments and/or non-instructional load assignments.

7.2 INSTRUCTIONAL FACULTY: The following types of instructional assignments are agreed to

constitute a full instructional load for a semester using total hours as specified on an official

course outline of record.

7.2.1 Lecture Course Assignment. One wherein the instructor devotes his/her time in class

to a presentation of subject matter and/or discussion, and/or problem solving. Time

outside of class is devoted to preparation and to criticizing and evaluating

assignments and examinations. Every 18 hours on an official course outline will be

equivalent to 1/15 of a full semester load.

7.2.2 English Composition Type Course Assignment. A lecture course wherein an

instructor is required to devote an extraordinary amount of time outside of class to

criticizing and evaluating written assignments and examinations. Every 18 hours on

an official course outline will be equivalent to 1/12 of a full semester load. An

assignment of two hundred sixteen (216) in-class hours shall be considered a full

instructional load, provided that at least one hundred sixty two (162) hours are

assigned to English Composition type courses.

7.2.3 Laboratory Type Course Assignments.

7.2.3.1 Laboratory One Type Course Assignment. One wherein the instructor devotes

the major portion of the course time to the supervision of students who are working

on laboratory experiments and exercises. Time outside of class comparable to 7.2.1

is devoted to preparation and to evaluating assignments, examinations, and/or

performances. Every 18 hours on an official course outline will be equivalent to 1/15

of a full semester load. Beginning fall 2018 and thereafter, every 18 hours on an

official course outline will be equivalent to 1/16.667 (3/50) of a full semester load.

7.2.3.2 Laboratory Two Type Course Assignment. One wherein the instructor

devotes the major portion of his or her time in class to the supervision of students

who are working on laboratory experiments and/or exercises, practice or skill

development. Time outside of class is devoted to preparation and to evaluating

assignments, examinations, and/or performances. Every 18 hours on an official

course outline will be equivalent to 1/20 of a full semester load.

All courses and assignments classified as of June 30, 2014, as “Laboratory

Type” assignments are reclassified under this agreement as “Laboratory Two”

type assignments unless or until changes are agreed to following procedures

outlined in 7.2.5.5 or following recommendations of the LTF as described in Part

Two of this agreement or otherwise agreed to between the Parties.

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7.2.3.3 Laboratory Three Type Course Assignment. One wherein the instructor

devotes a considerable portion of the course to lecturing and/or demonstrating

skills and techniques and the balance of the time to the supervision of student

performance and/or the administration of a variety of tests. Every 18 hours on an

official course outline will be equivalent to 1/22 of a full semester load.

7.2.3.4 Laboratory Four Type Course Assignment. One wherein the instructor

devotes a considerable portion of the course working individually with students or

in small groups, demonstrating skills and techniques and/or tutoring with

effectively no preparation or outside time spent evaluating student work required.

An assignment of thirty-five (35) in class hours shall be considered a full

instructional load. Every 18 hours on an official course outline will be equivalent

to 1/35 of a full semester load.

7.2.3.5 Laboratory loads may be modified by the department with the approval of

the college president to provide cost/revenue neutral load changes.

7.2.4 Physical Education Course Assignment. Courses formerly designated as “Physical

Education” or “Activity” assignments will be reclassified as “Laboratory Three”

assignments under 7.2.3.3 unless or until changes are agreed to following

procedures outlined in 7.2.3.5 or following recommendations of the Load Task Force.

7.2.5 Tutorial Course Type of Assignment. Courses formerly designed as “Tutorial Course

Type” assignments will be reclassified as “Laboratory Two” assignments under

7.2.3.2 unless or until changes are agreed to following procedures outlined in 7.2.3.5

or following recommendation of the LTF as described in Part Two of this agreement.

7.2.6 Work Experience Type Assignment. One wherein the instructor works with students

and their employers to develop learning objectives, monitors progress, consults with

students and employers, and evaluates the learning experience. An assignment that

consists of a minimum of twelve thousand one hundred fifty (12,150) semester

student contact hours is considered a full instructional load. A full-time member

participating in co-operative education whose semester load is below 1.0 shall be

allowed to elect either load credit or monetary compensation for co-op ed.

7.2.7 Independent Study Type Assignment. One wherein the faculty member conducts

instruction in accordance with Administrative Code provisions, Chapter 4, Article 4 of

Title V, Section 55300, et seq. An assignment that consists of a minimum of twelve

thousand one hundred and fifty (12,150) semester student contact hours is

considered a full instructional load.

7.3 NON-INSTRUCTIONAL FACULTY: The following types of non-instructional assignments are

agreed to constitute a full load when conducted for the amounts specified:

7.3.1 Counseling. The counseling assignment shall consist of scheduled counseling

appointments and other assigned student personnel services e.g., group counseling

sessions, high school counselor liaison, and departmental/divisional articulation. An

assignment of twenty-seven and one-half (27-1/2) hours per week exclusive of

counseling appointment preparation, evaluations, reports, and the like, shall be

considered a full counselor load. Beginning fall 2018 and thereafter, thirty (30) hours

per week exclusive of counseling appointment preparation, evaluations, reports, and

the like, shall be considered a full counselor load.

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Articulation meetings, not to exceed 2 hours per month unless agreed upon by the

Dean, Department Chair/Steering Committee and Articulation Officer, may be

included as part of the 27.5 (30, beginning fall 2018 and thereafter) hour per week

load for counselors. These meetings shall focus on articulation issues only where

discussion, clarification or involvement is needed in the following areas:

 IGETC / UC

 CSU / GE

 ASSIST

 TAAs

 LDTP

 AA/AS degree changes or new degrees

 Curriculum committee changes that impact transfer or graduation

 2+2 (High School)

 Other related articulation issues

The meeting schedule and agenda shall be mutually agreed upon by the Counseling

Department Chair/Steering Committee and the Articulation Officer, and approved by

the Division Dean. Both the Articulation Officer and counseling faculty members may

submit articulation items to be included on the agenda to the Department

Chair/Steering Committee. Articulation meetings shall be chaired by the Counseling

Department Chair/Steering Committee.

7.3.2 Librarians/Learning Resources Assignment. One wherein the librarian performs

duties consistent with the provisions of library/learning resources services and the

operation of facilities where library/learning resources services are offered. An

assignment of forty (40) hours per week, thirty-five (35) of which are normally

assigned in the library/learning resources facility, five (5) in unscheduled associated

and/or professional duties, shall be considered as a full librarian/learning resources

assigned load. Beginning fall of 2018 and thereafter, an assignment of forty (40)

hours per week, thirty-eight (38) of which are normally assigned to library-related

activities, two (2) in unscheduled associated and/or professional duties, shall be

considered as a full librarian/learning resources assigned load.

7.3.3 School Nurse Assignment. One wherein the school nurse performs duties consistent

with the provision of student health services and the operation of facilities where

student health services are offered. An assignment of forty (40) hours per week,

thirty-five (35) of which are normally assigned in the health office, five (5) in

unscheduled associated and/or professional duties, shall be considered as a full

school nurse assigned load. Beginning fall of 2018 and thereafter, an assignment of

forty (40) hours per week, thirty-eight (38) of which are normally assigned to health-

related activities, two (2) in unscheduled associated and/or professional duties, shall

be considered as a full school nurse assigned load.

7.3.4 Tutoring Coordinator Assignment. One wherein the tutoring coordinator performs

duties consistent with the provisions of tutoring services and the operation of the

facilities where tutoring services are offered. An assignment of forty (35) hours per

week, thirty-five (30) hours of which are normally assigned in the tutoring center, five

(5) in unscheduled associated and/or professional duties, shall be considered as a full

tutoring coordinator assigned load. Beginning fall of 2018 and thereafter, an

assignment of forty (40) hours per week, thirty-eight (38) hours per week which are

normally assigned to tutoring-related activities, two (2) hours per week in

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unscheduled associated and/or professional duties, shall be considered as a full

tutoring coordinator assigned load.

7.3.5 Learning Specialist. This assignment shall consist of instructional and/or non-

instructional duties. Instructional duties shall be determined by the scheduling

process of the college and department where the member is assigned. A full non-

instructional load for a learning specialist shall be 40 hours with one-eight 1/8 of the

non-instructional hours unscheduled associated and/or professional duties.

Beginning fall of 2018, a full non-instructional load for a learning specialist shall be 40

hours, including two (2) hours per week in unscheduled associated and/or

professional duties.

7.3.6 Mixed Loads For Non-Instructional Positions. Mixed loads with teaching and non-

teaching assignments may be taught and the non-teaching load proportionately

reduced.

7.3.7 New Non-Instructional Position. Full load for any new faculty non-instructional

position created during the life of this Agreement shall be forty (40) hours, with thirty-

five (35) hours scheduled duties and five (5) hours unscheduled associated and/or

professional duties. Beginning fall 2018 and thereafter, full load for any new faculty

non-instructional position created during the life of this Agreement shall be forty (40)

hours, with thirty-eight (38) hours scheduled duties and two (2) hours unscheduled

associated and/or professional duties.

7.4 BALANCING: Full load hours for combined assignments other than those specified above shall

be determined by the following formula:

Hours of assignment, Type 1 + Hours of assignment, Type 2 + Hours of assignment, Type 3

=

1

Full load for assignment Full load for assignment Full load for assignment

Type 1 Type 2 Type 3

Underload shall be balanced within the following three (3) regular semesters if

possible. The faculty member may, at the member’s option, use load from summer

sessions to balance an underload. To balance the underload, a unit member may be

assigned to no more than two colleges, unless the unit member agrees to other

arrangements. The maximum required assignment shall be 1.25 FTE per semester

until the underload is eliminated.

7.5 MAXIMUM CLASS SIZE:

7.5.1 Maximum class size shall be as specified in Appendix E, attached hereto. Class size

maximums (Appendix E) shall be adjusted by mutual agreement between each

college president and UF vice-president and shall be revenue neutral at each college.

7.5.2 Maximum class size for any new course shall be determined by management after

consultation with the appropriate department prior to submission of the proposed

course to the college’s Instructional/Curriculum Committee. Management shall make

the decision on the maximum class size within thirty (30) calendar days following the

consultation with the department.

7.5.3 One-semester adjustments in maximum class size may be made only during

registration with the consent of the unit member involved or the department chairper-

son/designee. In the event that neither the unit member involved nor the department

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chairperson/designee is available during the registration period, management shall

make the adjustment and notify the United Faculty within 24 hours.

7.5.4 If class enrollment is within five (5) students of the class maximum after the first class

meeting, only the instructor may add students to the class. The instructor must accept

additional students up to the posted class maximum through the add period. This

section shall not prohibit faculty from accepting students above the class maximum at

their discretion.

7.6 LARGE CLASS SIZE/MULTIPLE LOAD CREDIT: Conducting some large lecture classes may

result in additional preparation time and/or time spent with individual students. Faculty with

such assignments shall be granted double-load credit for such lecture classes provided the

following criteria are met: Any such lecture class shall be agreed to in advance by management

and the teacher; the class shall be twice (two times) the single section maximum as evidenced

in Appendix E; double load credit shall be applied provided there are a minimum of seventy-five

percent (75%) of the maximum number of students at the close of late registration (e.g. single

section 45, double section equals 90, 90 x 75% equals 67.5 students at the close of late

registration required.) It is further agreed .5 students or lower will be dropped to the next lowest

whole number. No teacher's load shall include more than one (1) multiple load credit per

semester except with management approval.

7.7 FACULTY RESPONSIBILITIES:

7.7.1 Curriculum Development. This includes the analysis and coordination of textual

materials; constant review of current literature in the field, some of which are selected

for the college library collection, the preparation of selective, descriptive materials

such as outlines and syllabi; conferring with other faculty and administration on

curricular problems; and, the attendance and participation in inter and intra-college

conferences and advisory committees.

7.7.2 Hiring of Faculty

7.7.3 Evaluation of Faculty

7.7.4 Committee Work

7.7.5 Categorical. Notwithstanding any other term, clause or provision of this Agreement,

assignments and employment conditions of faculty employees within categorically-

funded programs shall be solely determined by the provisions of the granting/funding

agency contracts, except, such categorically-funded faculty employees shall be

assigned to the existing division structure applicable.

7.7.6 Faculty Load. The faculty load for each individual unit member comprises the total

hours per week of his/her assigned load. Where activities or events in such areas as

dance, forensics, music, athletics, and the like, by nature of the assignment, extend to

periods before or after the academic year, beyond District contractual work load

requirements, during normal instructional holiday periods, or other, and these events

or activities are voluntarily scheduled by the individual unit member -- such activities

or events shall then be regarded as a part of the total assignment and shall not be

considered for extra-pay or compensation.

1. Where a unit member's assignment is associated with the conduct of games,

events or practices scheduled for evenings, Saturdays, Sundays, instructional

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holiday periods during the school year, or, on non-teaching days during the

calendar year in conformance with inter-collegiate, conference or association

actions, they shall not be considered for extra pay or compensation. Any game,

event or practices scheduled as an outcome of successful individual or team

performance such as playoffs, finals, tournaments, championships, and the like,

shall not be considered for extra pay or compensation.

2. Where any such events or activities are required to be undertaken by the

District, or, are scheduled solely by management as extra duties, such events

or activities shall be with applicable compensation. Such compensation may

include, but is not limited to, a percentage of base salary or compensatory time.

3. Where, within "7.7.6," above, the unit member has an option of voluntarily

scheduling or not scheduling such events or activities, and does not so elect to

schedule, no negative evaluations shall occur as a direct result.

7.8 OFFICE HOURS:

7.8.1 Instructional Type Assignments. For Regular and Contract I, II, and III faculty, all

instructional type assignments require, over and above stated load requirements, five

(5) scheduled office hours per week, scheduled no more than one and one-half (1 ½)

per day, and, beginning fall 2018 and thereafter, one half (1/2) hour per week

unscheduled for electronic communications with students and other work with

students outside of class. Faculty teaching on-line courses may, at their option, hold

scheduled office hours on-line in the same ratio as their on-line courses are to their

total semester load.

7.8.2 Instructional/Non-Instructional Type Assignments. When a faculty member’s load is

split between instructional and non-instructional duties, office hours are required

proportional to the instructional assignment.

7.8.3 Non-Instructional Type Assignments. Members are not required to conduct office

hours over and above stated load.

7.8.4 Part-Time (Temporary). Whether instructional or non-instructional, day or extended

day, part-time (temporary) members have no office hour requirements. Part-time

faculty, at the member’s option, may elect to serve the following office hours per week

based on the following loads: .2 to .399 load: one-half hour; .4 to .599 load: one hour;

.6 load: one and one-half hours. Compensation shall be according to Appendix B-4

“Other Academic Services Salary Schedule.” The District may use PFE funds for this

purpose. The United Faculty believes payment of part-time office hours is an

appropriate use of Partnership for Excellence Funds.

7.8.5 Other Scheduling.

7.8.5.1 Office hours are to be scheduled in the same manner that load is

scheduled, with the understanding that office hours are designed to

benefit and assist students and that arbitrary rearrangement of hours to

accomplish other objectives is not desirable.

7.8.5.2 Variations. The President or designee may authorize a variation of office

hour requirements provided such variation is approved and submitted by

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the Department, Division Chair and Dean in which the assignment is

involved.

7.8.5.3 Any faculty member may designate up to 1 hour of regular office hours as

an “on-line office hour.” The on-line office hour must be a regularly

scheduled hour, posted along with on-campus office hours, during which

the faculty member is available on-line for synchronous communication to

consult with and respond to students. Each faculty member will turn in a

schedule of office hours to be posted electronically prior to the beginning

of each class. Part-time faculty members must have and use a District

email address to designate an office hour (or half hour) as on-line.

7.9 INDIVIDUALIZED FACULTY PROGRAMS: Individual deviations from normal load, normal

calendar or other deviations shall be implemented only with the written consent of the unit

member and an authorized representative of the United Faculty unless some other specific

procedure is provided within a section of this contract (e.g., 7.8.5.2 above).

7.10 RESPONSIBILITIES: It is agreed that all faculty have within their professional responsibilities,

for which no direct load credit is ordinarily assigned, such matters as preparation for classes or

conferences, evaluating student work, attending management-called meetings, preparing and

submitting required reports, participating in staff development activities, in advising students,

and in curriculum development and review.

The faculty recognizes the importance of recruiting students, maintaining community-oriented

services, and co-curricular activities.

7.11 LOAD BANKING: Full-time unit members may, at the member’s option, reduce teaching load

by up to 1.0 at full salary by utilizing accumulated or banked overload teaching under the

following conditions:

7.11.1 Both "A" contract overload and "A/C" contract hours during fall semester, spring

semester, and summer session may be banked at a maximum of .4 load per

semester with notification of intent to bank given at the time the class schedule is

submitted. "A/C" overload shall be banked at the "A" load value of the class(es).

7.11.2. Load may be reduced 1.0 and less than 1.0 at anytime, provided: banked load

may only be used when the department determines that suitable replacements

are available, except that a member may choose to reduce his/her overload the

semester(s) prior to his/her retirement solely at that member's option. Initial

recommendation for leave shall be submitted by the department with the

schedule. No faculty member may reduce load by a full semester (1.0 banked

load) more than twice in any three-year period, including semesters prior to

retirement.

7.11.2.1 Faculty with more than 2.0 semesters of banked load as of the end of

the 2010-11 academic year are not restricted by the limit on using no

more than two full semesters of banked load prior to retirement. A list

of faculty meeting this criterion shall be kept by the District and United

Faculty.

7.11.2.2 Faculty described in 7.11.2.1 above and who are using more than 2.0

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semesters of banked load shall submit a letter of intent before their

first semester of using banked load stating their semester of

retirement. Faculty who submit a letter of intent to retire under this

provision and subsequently do not retire shall use all remaining

banked load before being actively assigned and shall forfeit all rights

to bank additional load in the future without management approval.

7.11.3 Current semester teaching load must be at least 1.0 prior to banking credit being

given. If current load is less than 1.0, a portion of the "A/C" load will be credited

to the "A" load to bring it to 1.0 prior to banking. The difference will be banked.

7.11.4 Any existing accumulated underload must be brought to zero prior to banking.

7.11.5 Any existing accumulated overload may be used and added to.

7.11.6 Banked hours will be paid in cash at the member’s ‘A/C’ rate only at the time of

retirement or other termination of employment.

7.11.7 Use of banked leave is to be considered a 'paid leave' and not a break in service

for salary, benefits, sabbatical or retirement plan purposes.

7.11.8 Faculty who are on a reduced load due to banked load will be required to hold

office hours in proportion to their actual assignment.

7.11.9 In certain situations, a single class may exceed the .4 limit for load banking. In

those cases, if the class consists of both lecture and a lab section, a faculty

member shall be allowed to split the lecture from the lab(s) and bank whichever

portion he/she chooses providing that portion does not exceed the .4 maximum

limit. The faculty member shall receive compensation for the remaining portion

of the class.

7.11.10 Load banking credit may be used to augment the seventy percent (70%) salary

paid during a full year sabbatical leave at the rate of .1 banked load per 10%

salary augmentation per semester. The district shall pay STRS credit equal to

the percentage salary the faculty member is receiving. Article 12.5.11 shall

apply. Additionally, it is agreed that the use of load banking credit for this

purpose shall not come from the sabbatical leave fund.

7.11.11 Effective for the 2011-12 academic year, the maximum amount of accumulated

banked load allowed will be 4.0 semesters. A faculty member whose banked

load meets or exceeds 4.0 semesters will not be allowed to accumulate any

additional banked load until the banked load falls below 4.0 semesters. Effective

for the 2012-13 academic year, the maximum amount of accumulated banked

load allowed will be 3.0 semesters. Overload assignments for those who exceed

the maximum allowable cumulative banked load must be paid at the ‘A/C’ rate.

7.12 OVERLOAD A/C: Faculty may designate overload as A/C if:

1. He/she teaches a class that ends after 4pm, or

2. He/she teaches a class that starts before 9 am, or

3. He/she teaches a class that meets on Saturday or Sunday, or

4. He/she teaches more than 4 days a week.

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7.12.1 Faculty who submit to their Department Chair a “Professional Activities Report”

as found in Appendix P prior to a given semester may designate any overload

assignment as A/C (regardless of time of day) during that semester.

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ARTICLE 8

SCHEDULING

8.1 Faculty shall be guaranteed participation in assignment and scheduling. Such participation shall

be in accordance with the following:

8.1.1 SCHEDULE DEVELOPMENT: Faculty, within their recognized department adhering

to established division/guidelines/regulations shall:

8.1.1.1 From the course, sections, rooms and room times made available to it,

the faculty prepares and recommends department schedules, through the

Division Chairperson/Dean, showing individual teaching schedules

including extended day, off-campus, and summer offerings. Faculty may

request discussion of enrollment trends and other bases on which

particular courses and numbers of sections are established. When a

reduced number of sections, rooms, or times has been made available by

management, or when management has denied faculty requests for

expansion, management must present department faculty with written

documentation supporting their decisions within five working days.

8.1.1.2 Such recommended schedules shall be developed in accordance with

written rules, procedures and priorities which the faculties within their

recognized department or DVC teaching area shall have established and

shall include the schedule of the Division Chairperson.

8.1.1.3 Where an assignment includes unscheduled hours, the member shall be

responsible for selecting the activities and forwarding the program to

management for review. Where any dispute occurs, the procedural

provisions of the Scheduling Article, Section 8.1 shall be used for

resolution of the dispute. The member shall determine the time and place

of the activity performed. Management-required meetings are included in

the basic load of 35 hours.

8.1.1.4 Any member of a department may request the formation of a United

Faculty appeals committee when it is alleged a department's recommen-

dation to management was not made according to the department's rules

and procedures.

8.1.1.4.1 The United Faculty shall immediately upon receipt inform the

appropriate manager of the appeal and request no action be taken

on the department recommendation.

8.1.1.4.2 The committee shall be formed within five (5) working days from

date of filing the complaint in the United Faculty office.

8.1.1.4.3 The committee shall consist of three (3) United Faculty members,

none can be from the department in question. One management

employee shall additionally serve on the Appeals Committee.

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8.1.1.4.3.1 The chairperson will be the United Faculty vice-president

from the affected campus, unless the vice-president is a

member of that department, in which case the United

Faculty president shall be the chairperson.

8.1.1.4.3.2 The remaining two (2) members shall be selected by mutual

consent of the campus United Faculty vice-president and the

United Faculty president.

8.1.1.4.4 Within ten (10) working days the committee shall hold a hearing in

which to review all appropriate material presented by the

department and the complaining member. The committee is to

determine whether or not the department's recommendation was

made according to the department's rules and procedures.

8.1.1.4.4.1 If the committee determines that the rules and procedures

were followed, the recommendation stands.

8.1.1.4.4.2 If the committee determines that the rules and procedures

were not followed, the committee chair shall inform the

appropriate manager of the decision. The manager shall not

accept the departmental recommendation previously

received. The department shall be directed to prepare a new

recommendation as per departmental rules and procedures

and submit to the manager.

8.1.1.4.5 The action of the committee shall be binding on all parties and not

subject to the grievance procedure of Article 19.

8.1.2 SCHEDULE CHANGE BY MANAGEMENT: All efforts will be made by management

to schedule regular and contract faculty according to the recommended schedules.

Where any first (1st) level manager changes such recommended schedule, the

faculty member may:

8.1.2.1 First discuss with the first (1st) level manager the dispute area(s).

Management may not change the schedule in any way that results

in any of the following:

8.1.2.1.1 More than 3 consecutive lecture hours or 4

consecutive lab hours except with the agreement of

the faculty member affected.

8.1.2.1.2 Fewer than 12 hours from the end of one day’s work

to the beginning of the next except with the agreement

of the faculty member affected.

8.1.2.2 Any matter remaining unresolved may be appealed to the next

higher level college manager.

8.1.2.3 Where any dispute area(s) remain after 8.1.2.2, above,

management will assign staff to meet the District needs.

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8.1.3 SCHEDULING REQUIREMENTS FOR DIVISION GUIDELINES: Division

guidelines/regulations shall be established in consultation with division faculty through

and with their recognized department structure. Such guidelines/regulations shall

include, but not be limited to, such items as:

-- Format and time lines for recommendations.

-- Methods for distributing multiple section courses.-- Inter-departmental scheduling

articulation.

-- Proportion of day/evening offerings.

8.2 CANCELLATION OF SCHEDULED CLASSES:

8.2.1 When cancellation of a class is being considered within a week before the class

begins and during late registration, the chairperson of the department affected, and,

whenever possible, the instructor of the class shall be notified at least 24 hours

before management proceeds with the class cancellation to review registration

patterns. In all other circumstances, the chairperson of the department affected, and,

whenever possible, the instructor of the class shall be notified at least one week

before management proceeds with the cancellation to review registration patterns.

8.2.2 Where a class has an enrollment of twenty (20), as determined by class attendance

at the end of the late registration period, it shall not be canceled, except with

agreement of the instructor.

8.2.2.1 Before the schedule is published, if a department and management agree

that a class is innovative in content, time offered, or delivery method, they

shall also mutually agree on a minimum number less than 20 to avoid class

cancellation. The class shall not be canceled if it has reached that

enrollment number by the end of late registration. The United Faculty shall

be notified of each variance. Included in the agreement will be the

determination of how many semesters the class will be offered as an

innovative class. Under no circumstances shall such classes be designated

as innovative for more than three (3) semesters without management’s

approval.

8.2.3 No class shall meet beyond the close of the late registration period unless the

enrollment, as determined by class attendance, is at least twenty (20) students, or,

an exception is made by the College President because of such special circum-

stances as: related training program for apprentices, advanced classes which are a

part of a major sequence, performance classes, or courses where the enrollment

determines the number of teaching hours credited the instructor.

8.2.3.1 Late registration is to generally be defined at 1/9 of the course length;

however, management does have the right to extend the period if a class

is under-enrolled.

8.2.3.2 Short-term classes shall not be canceled prior to one week before the first

class meeting, except with the agreement of the instructor.

8.2.4 Cancellation of sections of less than twenty (20) shall be preceded by notification to

the recognized department chairperson and/or individual faculty member, of the intent

to cancel.

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8.2.5 Any deviation from the contractual workload of the member caused by cancellation

shall be adjusted within the semester of cancellation, or, the three (3) regular

following semesters after consultation with the member.

8.2.5.1 Within the Semester of Cancellation. Members who owe teaching hours

will assume after consultation sufficient courses or alternative

assignments in the day or extended day program to balance any deficit.

However, no member shall be required to translate an “A/C” contract to

an "A" contract to balance a deficit during the semester of occurrence,

unless, the member has more than one “A/C” contract assignment. In

such case, one of the “A/C” contract assignments shall be used to

balance all or part of the deficit.

8.2.5.2 In subsequent Semesters. Members who owe teaching hours will

assume sufficient courses or alternative assignments in the day or

extended day program to balance any deficit hour load existing due to the

cancellation. (See Article 7.4) After three (3) semesters, no "A/C"

classes can be assigned until the deficit due to cancellation is eliminated.

Management shall notify the member one semester before this restriction

is applied.

8.2.5.3 Alternative assignment may include, but not be limited to, such activities

as: a mutually agreed upon reassigned time project, short-term classes,

replacement classes, extended day assignment, etc. Scheduling shall be

in accordance with Sections 8.1 through 8.1.3 of this article.

8.2.5.4 Other balancing options.

8.2.5.4.1 Members may opt to have his/her salary reduced proportionately

to balance all or part of a deficit.

8.2.5.4.2 With management concurrence a member may complete a

proposed alternative assignment(s) to balance all or part of a

deficit.

8.2.5.4.3 Only those deficits owed by the member at retirement or

resignation shall be owed the District where the deficit occurred

because the member failed to translate a “A/C” contract to an "A"

contract to balance the deficit. The amount owed shall be

deducted at the “A/C” contract rate.

8.3 EXTENDED DAY: A unit member scheduled to teach in the extended day program as part of

his/her load shall be given consideration with regard to times of regular day assignment. The

location of the class shall be considered to be the campus so that office hours may be held in

relation to the assignment.

8.4 TEACHING BY MANAGERS: With the approval of the Chancellor and the College President, a

District or College manager may teach extended day or Saturday courses or sections with

salary based on class and step placement on the appropriate teaching salary schedule.

8.4.1 No manager will be assigned a course requested by a contract or regular faculty

member.

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8.4.2 Managers who request to teach or who are available to teach shall submit their

request to the Department and shall be considered in accordance with all provisions

of Article 8, Section 8.1, Scheduling. All sections which are available shall be

submitted to the Department for scheduling.

8.4.3 Managers shall be considered as within the available "part-time" pool, and there is no

priority over other part-time applicants.

8.4.4 Paragraphs 1. and 3. are not applicable to Division Chairs.

8.5 OVERLOAD ASSIGNMENT LIMIT: Overload assignments will be limited to fifty percent (50%),

which may be averaged over the two semesters of the academic year, unless approved by

management.

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ARTICLE 9

WORKING ENVIRONMENT

9.1 The Board shall maintain Cal-OSHA standards in all facilities.

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ARTICLE 10

WORKING DAYS - CALENDAR

10.1 FACULTY SERVICE OBLIGATION:

10.1.1 Contract I employees shall be obligated for service a maximum of one hundred seventy-

five (175) service days plus four (4) non-instructional days.

10.1.2 Contract II employees shall be obligated for service a maximum of one hundred seventy-

five (175) service days plus two (2) non-instructional days.

10.1.3 Contract III and regular employees shall be obligated for service a maximum of one

hundred seventy-five (175) service days.

10.2 CALENDAR NEGOTIATIONS: The calendar and procedures shall be reopened annually with

the District submitting a proposal to the United Faculty by September 15. The United Faculty

will submit a counterproposal by October 15. If no calendar is agreed to by December 15, the

existing calendar will be “rolled over” and become next year’s calendar.

10.3 STATE LAW EFFECT ON CALENDAR: Should changes occur in state law allowing fewer

than one hundred seventy-five (175) mandated instructional days for Community Colleges, the

parties agree that within fifteen (15) working days of written request the contract will be

reopened for negotiations as to the District number of instructional days required for unit

members.

10.4 FLEXIBLE CALENDAR:

10.4.1 ‘C’ and ‘A/C’ Faculty whose semester length class days and holidays do not add up to

18 weeks will have flex responsibility.

10.4.2 The number of hours of flex time for members with released time or reassigned time

shall be reduced by the same percentage as the members’ released time or reassigned

time.

10.4.3 The number and designation (mandatory, optional, or variable) of flexible days shall be

negotiated at the same time as the academic calendar. The flex days shall be included

in the District calendar.

10.4.4 Variable flex for contract or regular faculty may be completed at any time during the

current fiscal year (July 1 – June 30). Variable flex may be applied during the summer,

recesses, or weekends. Variable Flex may be applied after 4pm on instructional days

without LPG approval or before 4pm on instruction days for activities which are LPG

approved and provided faculty meet all contractual obligations on those days.

Temporary faculty must complete flex hours during the semester they are employed.

10.4.5 Faculty members are required to serve five (5) hours for each designated mandatory,

optional, or variable flex day. Faculty members shall be given flex credit for a maximum

of eight (8) hours per calendar day.

10.4.6 Faculty must submit a completed Flex agreement each year.

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ARTICLE 11

REASSIGNED TIME

11.1 DEPARTMENT CHAIR REASSIGNED TIME: Reassigned time hours for faculty governance of

department chairpersons shall be assigned in accordance with the following:

For Diablo Valley College: 42 lecture hour equivalents each semester

For Los Medanos College: 21 lecture hour equivalents each semester

For Contra Costa College: 21 lecture hour equivalents each semester

These allotments shall be distributed for faculty governance in accordance with Section 11.1.1.

In addition to these hours and the moneys previously allocated to department chair stipends,

effective 7/1/02 the amounts allocated shall be augmented by $200,000, and effective 7/1/09,

the total funding for reassigned time allocated to department chairs will be increased by

$138,000, and effective 7/1/18, the total funding will be increased by $160,000, (indexed to

salary schedule B-2).

11.1.1 Criteria for Stipends and Reassigned Time

11.1.1.1 For each program as defined in Article 6.2.3.2.30, $1,000 per semester or

the load equivalent shall be allocated to the program coordinator. The

department chair may also elect to distribute a share of the department-

chair load or stipend to any other faculty for taking on a share of

department-chair duties. Within each college, departments shall be

assigned a rank by formula: (Full-time equivalent faculty) + (head count of

full and part-time faculty) = rank

11.1.1.2 Reassigned time and stipend shall be allocated by mutual agreement

between the college president and UF vice president in approximate

proportion to their ranking: e.g., a ranking larger by a factor of two than a

lower ranking receiving time/stipend shall receive an allocation twice as

large as the lower ranking. Effective 7/1/09 the minimum reassigned time

(or stipend equivalent) for all department chairs will be 10 percent of a full

load for all departments established prior to 6/1/2009. Reassigned time

or stipends for chairs of departments formed after this date, or for

programs created after 7/1/2018, will be decided by the College President

in consultation with the appropriate UF Vice President.

11.1.1.3 Deviations from this allocation process shall be made by mutual

agreement between the college president and UF vice president. The

criteria for these deviations shall be stated in writing to the departments,

Chancellor, and UF president.

11.1.1.4 At department discretion, allocations of stipends may be used to hire

faculty for reassigned time (at the "C" rate). Expenditures for this purpose

shall not exceed the stipend allocated to the department. Reassigned

time shall be valued at the average instructional rate for the college.

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11.1.1.5 There shall be no reduction of the total college allocation of reassigned

time for department chairs as specified above.

11.1.1.6 Department chairs who opt to take a stipend rather than reassigned time

will be considered to have taken reassigned time for the purposes of

calculating their maximum allowable annual load, according to Article 8.5.

11.2 CONVERSION OF LOAD TO REASSIGNED TIME: When normal load hours are reassigned to

other duties, the number of resulting-duty hours is determined by the following formula:

FTE reassigned X 35 = weekly hours of reassigned duties

11.3 ACADEMIC SENATE REASSIGNED TIME: Any changes in reassigned time from what

currently exists under Curriculum and Instruction Procedure 2907, shall be provided with the

concurrence of the Academic Senate Presidents. The District will notify the United Faculty of

any changes in reassigned time under this provision each semester.

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ARTICLE 12

LEAVES

12.1 GENERAL LEAVES:

12.1.1 A leave is an authorized absence from duty for a specified period of time.

12.1.2 Unless otherwise indicated, leaves may be extended upon mutual agreement

between the unit member and the District.

12.1.3 Unless otherwise indicated, members on paid leave are eligible for and retain fringe

benefits of their position.

Members on unpaid leave of absence of less than one month shall have the cost of

the fringe benefits deducted from their payroll.

Members on unpaid leave other than those on reduced load (Section 15.3.2) shall

be eligible for and retain fringe benefits of their position, in accordance with the

specific insurance programs and carrier requirements, by paying monthly, in

advance, the full District and employee costs of such benefit programs. Members

not electing to pay such costs of coverage shall have benefits rescinded until return

from leave.

12.1.4 Unless otherwise indicated, time on paid leave shall be counted as time in service

for all rights and benefits.

12.1.5 District may grant or deny requests for early return from leave or cancellation of

approved leave.

12.1.6 A unit member may be granted a leave without pay for not more than twenty (20)

assigned duty days in any one (1) year period, subject to the discretion/ approval of

the Chancellor, or designee.

A unit member may be granted leave without pay for any period of time upon

recommendation of the Chancellor and subject to the approval of the Board.

12.2 BEREAVEMENT LEAVE:

12.2.1 Leave of absence due to, and at the time of, the death of a member of the

immediate family shall be granted to faculty employees of the District. Such leave

shall be with pay and shall not exceed five (5) days.

12.2.2 "Members of the immediate family," means the mother, father, grandmother,

grandfather, grandchild, or domestic partner of the employee or spouse of the

employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother,

brother-in-law, sister-in-law or sister of the employee or domestic partner, or any

relative living in the immediate household of the employee.

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12.2.3 An extension of bereavement leave may be requested by the member. Such

extension, if granted, shall be with salary for the extension period, not to exceed a

total of six (6) days, when approved by the Chancellor, or designee.

12.3 PERSONAL NECESSITY LEAVE: A faculty member cannot be required by management to

supply a specific reason when using personal necessity leave.

12.3.1 A unit member shall be granted a maximum seven (7) days leave of absence in any

school year without loss of pay in cases of personal necessity. Such leave shall be

deducted from the employee's accumulated sick leave.

12.3.2 Personal necessity is the illness or death of a member of the immediate family (not

covered by Family Leave or Bereavement Leave), an accident involving the

member's person or property or the person or property of a member of the

immediate family; appearance in court as a litigant or as a witness under official

order; or, compelling personal business which cannot be conducted before or after

the employee's regular assigned duty day. Personal necessity leave is not intended

for vacation.

Reasonable notice in advance is required, where possible, and, District approval

must be obtained prior to the leave payment being processed.

12.3.3 "Immediate family" shall be as defined in "Bereavement Leave."

12.4 JURY DUTY/JUDICIAL LEAVE:

12.4.1 When regularly called for jury duty or as a witness in the manner provided by law,

members shall be granted, upon request, a leave of absence with pay for the day

the employee is called to perform jury duty or serve as a witness during the

employee's regularly assigned working hours.

12.4.2 Request for jury duty/witness leave should be made by presenting, as soon as

possible, the official court summons to the member's immediate supervisor or

District designee.

Reimbursement to the District of any monies earned as a juror or witness, except

mileage and meal allowance, shall be made by the member.

12.4.3 Employees are required to return to work during any evening or weekend

assignment in which jury duty/witness leave services are not required.

12.4.4 District may require verification of jury duty/witness leave time prior to, or

subsequent to, providing jury duty/witness leave compensation.

12.4.5 Leave under this provision is not available for absences where remuneration is

provided the employee.

12.5 SABBATICAL LEAVE:

12.5.1 Eligibility. An applicant for sabbatical leave must have rendered full-time service in

the District for at least six (6) consecutive academic years immediately preceding

the sabbatical leave, and, not more than one (1) such leave shall be granted in each

six (6) year period.

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12.5.2 Computation.

12.5.2.1 No absence from the service of the District under a leave of absence,

other than a sabbatical leave, shall be deemed a break in the continuity of

service, and, the period of such leave shall not be included as service in

computing the six (6) consecutive years of service required.

12.5.2.2 Credit for one (1) academic year is earned when the employee has

worked seventy-five percent (75%) of the total number of teaching days in

that academic year for more than sixty percent (60%) of the hours per

week required for a full-time assignment.

12.5.2.3 Service under a fellowship or foundation either full or part-time, approved

by the sabbatical leave committee, for a period not to exceed one (1) year

in toto, for research, teaching or lecturing shall not be deemed a break in

continuity of service. This time shall be used in computing the six (6) con-

secutive academic years of service eligibility.

12.5.2.4 A single semester of service during an academic year shall not be

included as fulfilling eligibility requirements.

12.5.2.5 Periods of service intervening between two (2) separate six (6) month

periods shall be counted toward the service required for a subsequent

sabbatical leave.

12.5.3 Leave Period.

12.5.3.1 Sabbatical leave may be granted for a period of not less than one (1) full

semester nor for more than one (1) year.

12.5.3.2 Sabbatical leave may be taken in separate six (6) month periods rather

than for a continuous one (1) year period, provided the leave for both of

the separate six (6) month periods shall begin and end within a three (3)

year period. The six (6) month periods shall fall within the semester dates

as indicated in the District calendar.

12.5.3.3 The intervening periods of service between split sabbatical leave

semesters shall count toward the service required for a subsequent

sabbatical leave. In these circumstances, the fall semester of the year of

application for a subsequent sabbatical leave shall count toward the

service required for that subsequent sabbatical leave.

12.5.3.4 Applications for sabbatical leaves for the following academic year must be

filed with the college president by the end of the first full week of classes

in the spring term.

12.5.4 Number of Leaves.

12.5.4.1 Annually, an amount equal to 0.6% of the total expenditure listed in the

official budget under Certificated Salaries, Monthly Teaching and Variable

Teaching + $100,000 shall be budgeted for sabbatical leaves for the life

of the contract.

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12.5.4.1.1 Any such funds allocated but not spent will be added to the

allocation for the next following year.

12.5.4.1.2 If the actual cost is more than the amount allocated, such

additional cost will be subtracted from the allocation for the next

following year.

12.5.4.2 The number of sabbatical leaves granted shall be determined by the

following process after the Sabbatical Leave Committee has established

the ranking:

12.5.4.2.1 Each campus, with departmental participation as provided in

Article 6 of this agreement, shall submit to the Chancellor which

potential recipients need to be replaced and whether they should

be replaced by full-time or part-time instructors.

12.5.4.2.2 The Chancellor will consult with the United Faculty on the

possibility of inter-campus replacement for the potential

candidates.

12.5.4.2.3 The Chancellor, in consultation with the United Faculty, shall then

determine the number of sabbatical leaves to be granted.

12.5.5 Compensation.

12.5.5.1 A member on a one (1) year sabbatical, or on a one (1) year split-

semester sabbatical shall receive seventy percent (70%) of full salary for

such periods. Load banking credit may be used to augment the 70%

salary. (See Article 7.11.10).

12.5.5.2 A member on one (1) semester sabbatical shall receive one hundred

percent (100%) of the salary which the employee would have received

had he/she remained in active service.

12.5.5.3 A member on sabbatical leave shall receive such automatic increases in

salary as would have been received had he/she remained in active

service, and shall be subject to the salary schedule in effect at the time of

return.

12.5.5.4 A member on sabbatical leave shall be paid in the same manner as if the

employee had remained in active service.

12.5.6 Approved Activities for Sabbatical Leave.

12.5.6.1 Sabbatical Leave for Study. Applicants shall submit a detailed program of

academic study, either graduate or undergraduate and pursue a full load

or the equivalent thereof as determined by the Sabbatical Leave Com-

mittee.

12.5.6.2 Professional Projects. Applicants shall submit a detailed statement of the

professional study projects to be undertaken. Such studies need not be

undertaken under the auspices of a collegiate institution; however, they

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must constitute an organized program of full-time study, research, or

creativity designed to enhance the teacher's performance and, which will

benefit the college and the students of the college. Projects may include

study and/or original research in a given field, the creation of music, art,

dance, literature, film, and theater so long as the project is relevant to the

applicant’s field of expertise for which s/he is employed by the District.

12.5.6.3 Travel. Applicants must submit a detailed statement of the proposed

itinerary. The program or statement submitted under the above activities

shall include plans to increase the teacher's knowledge in all or part of the

following general areas: subject areas; teaching techniques, educational

psychology; understanding of the cultural, political, and social history of

human learning.

12.5.7 Applicants and Reports.

12.5.7.1 Applications for sabbatical leave shall be reviewed by the Sabbatical

Leave Committee.

12.5.7.2 Applicants whose applications have been denied by the Committee shall

be informed, in writing, of the reasons for denial. Annually, the

Committee shall determine whether such applicants will be allowed two

(2) weeks to revise such applications in accordance with Committee

guidelines and to resubmit for reconsideration, if desired. Resubmitted

applications for leaves approved by the Committee will be ranked and

placed below applications approved initially.

12.5.7.3 Applications for sabbatical of either one (1) semester or (1) year shall not

be carried over from one (1) application period to the next, but must be

resubmitted for new consideration.

12.5.7.4 The Committee shall make a report to the Board which shall include a

statement as to which applicants are recommended and in their order of

priority, and, which applicants are not recommended. The criteria for

each applicant shall include (a) the program proposed for sabbatical

leave; (b) value to be received by students, college, and District; (c)

number of years of service in the District and elapsed time since the

previous sabbatical leave.

12.5.8 Sabbatical Leave Modifications.

12.5.8.1 Faculty whose sabbatical applications have been approved may propose

changes to their sabbatical leave plan. The process for requesting

changes and specific criteria for evaluating change requests shall be

communicated to faculty at the time of their original sabbatical leave

approval. All changes to sabbaticals are subject to approval by the

Sabbatical Leave Committee. Changes made without prior approval or

failure to complete the Sabbatical Leave plan as approved shall result in

consequences as stated in 12.5.9.2

12.5.8.2 The Sabbatical Leave Committee will respond to a modification request

within ten (10) working days of District receiving it. Applicants shall be

informed, in writing, of the Committee’s decision.

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12.5.9 Return from Sabbatical.

12.5. 9.1 Each employee shall file with the Sabbatical Leave Committee within

thirty (30) days after return to duty (October 1 for spring semester or full-

year leaves, March 1 for fall leaves), (a) a transcript of work taken and

grades earned; or, (b) a summary of his/her travel together with a

statement of the educational benefits derived and any other evidence that

he/she has met the objectives stated in the initial application.

12.5. 9.2 An employee shall not be considered as having completed the

requirements of sabbatical leave until the report has been approved by

the committee and approved by the Chancellor and the Board. Failure to

meet the requirements as approved by the Board may result in such

Board action as is necessary to protect the interests of the District,

including monetary sanctions.

12.5. 9.3 The employee shall, unless he/she otherwise agrees, be reinstated in the

position held at the time of granting of the sabbatical.

12.5. 9.4 Employees granted a sabbatical leave are required to enter into a written

agreement with the Board guaranteeing full-time service to the District for

the equivalent of twice the period of the leave.

12.5. 9.5 Both the Board and District shall be free from any liability for the payment

of any compensation of damages provided by law for the death or injury

of any employee of the District when the death or injury occurs while the

employee is on any sabbatical leave.

12.5. 9.6 District will forgive sabbatical leave service obligation if the faculty

member dies while serving his/her sabbatical leave or prior to repaying

service obligation to the District.

12.5. 10 Sabbatical Leave Committee. Shall consist of the following:

12.5. 10.1 A non-voting representative of the District administration shall act as the

presiding officer.

12.5. 10.2 Presidents of the colleges.

12.5. 10.3 Deans of instruction or equivalents at the colleges.

12.5.10.4 A total of eight (8) faculty members, to serve two (2) year terms,

selected/elected from faculty at each of the colleges proportional to the

number of faculty at each college.

12.5. 11 Grievability.

12.5. 11.1 No grievance may be filed in regard to any decision of the Sabbatical

Leave Committee other than for alleged procedural violation.

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12.5. 11.2 Where a procedural violation is alleged, the individual shall, within

fifteen (15) work days of the time the individual knew or should have

known of such violation, file a request for hearing with the United Faculty.

12.5. 11.3 The United Faculty shall investigate the alleged violation, and within

fifteen (15) work days of receipt, shall determine no violation occurred, or,

shall file with the chairperson of the Sabbatical Leave Committee a

request for hearing by the committee.

12.5. 11.4 The Sabbatical Leave Committee shall consider the alleged violation and

shall make the final and binding determination of the grievance and of the

remedy to be applied, if applicable.

12.5. 12 STRS Credit For Full Year Sabbaticals. Full-time service credit for sabbatical leave,

after July 1, 1956, is available to employees on a full-year sabbatical leave. The

teacher will make the same contribution to the State Teachers' Retirement System

that would have been paid had he/she been a full-time teacher during that period

and the District will make the contribution for the District and state costs.

12.5. 12.1 To receive full-time service credit for the period of sabbatical leave as

provided under Education Code Section 87767, payment shall be made

as follows:

12.5.12.1.1 The teacher shall pay to the system additional

contributions based on the compensation which is the

difference between compensation earned and the

compensation earnable during the period of sabbatical

leave in the amount of the member's regular contribution

rate as applied to such compensation; and,

12.5. 12.1.2 The District shall pay to the system the correct amount of

such compensation as employer and state cost of granting

service credit.

12.5. 12.2 Regular interest due on all contributions required under this procedure

from the end of the school year during which sabbatical leave was taken

until date of payment of such contributions shall be paid by the employee.

If the teacher pays the required contribution under this procedure by June

30 of the year in which the leave was taken, there is no interest charge.

12.5. 12.3 The State Teachers' Retirement System will inform County Schools Office

and the District Payroll Department of the amount to be paid and the

manner in which it is to be paid. Members will complete a deduction form

provided by the Payroll Department authorizing payment of the extra

contribution.

12.6 INDUSTRIAL ACCIDENT AND ILLNESS LEAVE: For accidents or illnesses that are job-

incurred, unit members shall be provided leave benefits under the following provisions:

12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are

required to be in session or when the unit member would otherwise have been

performing work for the District in any one fiscal year for the same accident.

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12.6.2 Allowable leave shall not be accumulated from year to year.

12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.

12.6.4 When a faculty member is absent from his/her duties on account of an industrial

accident or illness, he/she shall be paid such portion of the salary due him/her for

any month in which the absence occurs as, when added to his/her temporary

disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100)

of the Labor Code, will result in a payment to him/her of not more than his/her full

salary.

The phrase, "full salary," as utilized in this section, shall be computed so that it shall

not be less than the unit member's "average weekly earnings" as that phrase is

utilized in Section 4453 of the Labor Code. For purposes of this section, however,

the maximum and minimum average weekly earnings set forth in Section 4453 of

the Labor Code shall otherwise not be deemed applicable.

12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of

authorized absence regardless of a temporary disability indemnity award.

12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the

unit member shall be entitled to only the amount of unused industrial accident or

illness leave due him/her for the same illness or injury.

12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be

entitled to the benefits provided in Education Code Sections 87780, 87781 and

87786, and for the purposes of each of these sections his/her absence shall be

deemed to have commenced on the date of termination for the industrial accident or

illness leave, provided that if the unit member continues to receive temporary dis-

ability indemnity, he/she may elect to take as much of his/her accumulated sick

leave which, when added to his/her temporary disability indemnity, will result in a

payment to him/her of not more than his/her full salary.

12.6.8 During any paid leave of absence, the unit member may endorse to the District the

temporary disability indemnity checks received on account of his/her industrial

accident or illness. The District, in turn, shall issue the unit member appropriate

salary warrants for payment of the unit member's salary, and shall deduct normal

retirement, other authorized contributions, and the temporary disability indemnity, if

any, actually paid to, and retained by, the employee for periods covered by such

salary warrants.

12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of

injury or illness, remain within the State of California, unless the Governing Board

authorizes travel outside the state.

12.6.10 When all available leaves of absence have been exhausted and the unit member is

not medically able to return to all the duties of his/her prior assignment, the District

shall provide first (1st) priority in assigning such a person into classes where his/her

disability, in the discretion of the District, does not hinder the performance of the

duties required of him/her if he/she is otherwise qualified. With mutual agreement

with the unit member, the District may also assign an employee into a position that

can reasonably accommodate his/her performance of duties required by the

position, despite his/her disability, prior to the exhaustion of leave of absence.

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12.7 SICK LEAVE:

12.7.1 Sick Leave Entitlement.

12.7.1.1 Sick leave entitlement of twelve (12) days a contract year shall be

credited at the beginning of employment and at the start of each

succeeding fiscal year (July 1) to full-time employees and shall

accumulate from year to year. Fractional assignments shall receive

proportionate leave entitlement.

12.7.1.2 Sick leave for hourly teaching ("C" and ‘A/C’ contract) shall be earned at

the rate of one (1) hour for each nine (9) hours taught.

12.7.1.3 Sick leave for temporary, "C", or ‘A/C’ contract counseling shall be earned

at the rate of one (1) day for each twenty (20) days service.

12.7.1.4 Sick leave for temporary, "C", or ‘A/C’ contract service in other categories

shall be credited at the rate of one (1) day for each full-time calendar

month.

12.7.2 All sick leave shall be accumulated into one (1) entitlement for each employee, and,

all leave used shall be charged against the same account.

12.7.3 Sick leave shall be charged against the employee's entitlement at the rate of one (1)

day or one (1) hour sick leave charged for each calendar day or hour absent, as

applicable. Sick leave charged for partial day absences shall be computed accord-

ing to the percentage of the week's assigned classes missed or the portion of the

day's classes missed, whichever is the lesser amount. If office hours are missed,

whether or not those hours are the faculty member’s only assignment for the day,

1/8 (.125) of a day of sick leave shall be deducted for each office hour missed.

District “Procedures For Calculating Sick Leave For Full Time Faculty” shall be used

in calculating sick leave.

12.7.4 Employees must be in active employment or on paid leave to earn or use sick leave.

Employees on extended illness leave are eligible to earn or use sick leave whether

or not they have reported for work on the first (1st) day of the school year. Sick

leave may be applied only on those days when the employee is required to report

for duty but cannot do so because of illness or injury. Employees who become ill or

who are injured, but who are not required to report, may not be charged sick leave

credits.

12.7.5 Members of the unit quarantined by a public health officer because of the illness of

another shall receive full pay and shall not have the absence charged against their

accumulated sick leave.

12.7.6 Leave for maternity-related disability shall be in accordance with statutory

requirements.

12.7.7 Credit for sick leave of absence need not be accrued prior to taking sick leave by

the unit member, and, such leave may be taken at any time during the fiscal year,

not to exceed the balance of the unit member's sick leave entitlement through June

30 of that fiscal year.

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12.7.8 Any unit member who is on paid status while on sick leave, or other paid leave, shall

continue to earn all leave benefits to which entitled if employed full-time. A unit

member who is on other leaves of absence without pay shall retain all accumulated

sick leave benefits, but shall not accrue any additional sick leave benefits during

such periods of absence.

12.7.9 When a unit member has exhausted his/her sick leave benefits and is absent from

work because of illness or accident for a period of five (5) school months or less,

whether or not the absence arises out of or in the course of the employment of the

unit member, the unit member shall receive the difference, if any, between a

substitute's salary, if hired, and his/her regular salary during the period of such

absence to a maximum of five (5) school months within the regular college year.

12.7.10 Sick leave credit received by transfer from the previous employer of a new unit

member shall be accepted pursuant to the provisions and limitations provided in the

Education Code.

It shall be the responsibility of the unit member to notify the Chancellor's Office, in

writing, of the name and address of the District by whom he/she was last employed

and request credit for the accumulated leave of absence for illness or injury to which

he/she is, or was, entitled at the time of separation.

12.7.11 All sick leave rights or accumulations shall be cancelled when a full-time unit

member severs all official connection with the District as an employee, except that

accumulated sick leave may be transferred to a subsequent employing District upon

request pursuant to the provisions of the Education Code.

12.7.12 Proof of Illness

12.7.12.1 Any unit member utilizing sick leave benefits under provisions of this

Article shall provide the administration with a signed absence report, and

if absent five (5) or more consecutive duty days, shall provide the

administration, upon request, with a statement verifying his/her fitness to

return to duty.

12.7.12.2 The District may require a physician's statement for absences of less than

five (5) days where a pattern of absence can be shown or where there is

cause to believe there is abuse of leave. A doctor's statement will not be

necessary unless the employee has been warned in advance. The

United Faculty will be notified if a warning has been given.

12.7.13 When a unit member is separated prior to rendering a complete fiscal year of

service, the sick leave entitlement for the partial year shall be granted at the rate of

one and two-tenths (1.2) days for each month of completed service.

12.7.14 The Chancellor or President, after notification to United Faculty, may no more than

once in any two-year period with regard to any one member, select a physician of

District choice and expense to examine any unit member. The member shall be

released from duties for all time required and there shall be no charge against the

member's leave allowance during such visit or visits required for examination. Such

examination shall be at reasonable times and places and under reasonable circum-

stances for the member and physician, and shall involve no more than one visit to

any physician, office, clinic, or hospital, except as normally required to complete the

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examination. Examining physician reports, at District expense, shall be furnished

the member. District assumes full and sole responsibility for any damages/expenses

arising from operation of this section, and indemnifies and holds harmless United

Faculty from loss, liability or obligation arising from operation of this section.

12.7.15 Donation of Sick Leave: The District shall allow unit members to donate sick leave

to individual employees who have suffered long-term disabilities or illnesses.

Donating unit members shall retain a thirty (30) day balance of sick leave after their

donation and may donate no more than twenty-five (25) days of sick leave per year.

The donation form is Appendix I.

Part-time faculty may receive sick leave donations from any employee, and may

donate accumulated sick leave to other part-time faculty following the same

requirements as outlined above. Part-time faculty may not donate sick leave to full-

time employees.

12.8 EDUCATIONAL CONFERENCE LEAVE: The Chancellor or College President may grant to

Regular and Contract I, II, and III members leave with pay to attend educational conferences

and meetings which have as their purpose or theme programs which will improve the operation

of the District, or, the ability of the employee to perform their duties more effectively.

12.8.1 Educational Conference Leave for Part-time Faculty: The Chancellor or College

President may grant to part-time faculty and full-time faculty teaching A/C

assignments leave with pay to attend educational conferences and meetings that

have as their purpose or theme programs which will improve the operation of the

District, or, the ability of the employee to perform their duties more efficiently. Part-

time faculty and full-time faculty teaching A/C assignments on paid conference leave

will be paid for their regularly scheduled hours while on paid conference leave.

12.9 MILITARY LEAVE: Unit member shall be granted military leave in accordance with State of

California Education and Military and Veterans Codes upon submission of official orders.

12.10 PARENTAL LEAVE: Unit members shall be granted federal Family and Medical Leave,

California Family Rights Act and Pregnancy Disability Leave in accordance with federal

and state law.

12.10.1 Maternity Leave: Unit members shall be granted rights under federal Family and

Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave in

accordance with federal and state law.

12.10.1.1 Members shall be granted a leave of absence from duties because of

pregnancy, miscarriage, childbirth, and recovery therefrom. As stipulated

in Education Code Section 87766 "The length of the leave of absence,

including the date on which the leave shall commence and the date on

which the employee shall resume duties, shall be determined by the

employee and the employee's physician."

12.10.1.2 As stated in Education Code Section 87766, in the event of absence due

to medical disability caused or contributed to by pregnancy, miscarriage,

childbirth, and recovery therefrom, employee shall be entitled to utilize the

available sick leave plan. The employee may also apply for coverage to

the disability insurance carrier, according to its procedures.

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12.10.1.3 After the member has exhausted the sick leave the member shall, upon

written request submitted at least thirty (30) working days prior to the

expiration of the plan, be placed on extended maternity leave for one

additional semester. Extended maternity leave is provided without pay.

The employee may also apply for coverage to the disability insurance

carrier, according to its procedures.

12.10.1.4 The member shall have the option to choose leave without pay, instead of

the sick leave plan. This may also be extended for one additional

semester. The member must provide thirty (30) working days notice of

the option.

12.10.1.5 Maternity leave beyond that provided for above may be requested and

granted at the discretion of the governing board.

12.10.1.6 Members shall be eligible, at the member's request, for reduction in

workload for the maximum of one semester after expiration of maternity

leave. All provisions of Article 15 are to apply except that District concur-

rence shall not be required and the member must provide thirty (30)

working days notice of the intention to reduce workload. The member

must then return to full-time employment, unless further reduction in

workload is requested by the member and granted by governing board.

12.10.2 Paternity Leave

The member shall be entitled to use Family Leave days per Section 12.11.1 and

then be granted twelve (12) days of differential pay in the event of medical disability

caused or contributed to by pregnancy, miscarriage, childbirth, and recovery

therefrom (to the mother of the employee's child). The date on which the leave shall

commence shall be determined by the employee and the physician caring for the

mother of the employee's child. Such time must be within reasonable time before or

after birth.

12.10.3 Adoptions When absence is necessary because of the adoption of a child, the

member shall be entitled to use personal necessity leave seven (7) days and then

be granted seven (7) days of differential pay.

12.11 FAMILY LEAVE:

12.11.1 In the event of absence required by sickness of a member of the immediate family,

the employee shall be entitled to up to six (6) days of sick leave.

12.11.2 Unit members who have provided more than one (1) year of continuous full-time

service may request and be provided up to four (4) additional months unpaid family

leave within any 24-month period.

12.11.2.1 Family leave of absence may be taken due to the birth or adoption of a

child or due to a serious illness of a child (natural, foster or adopted).

12.11.2.2 Family leave may be granted to care for a parent or spouse who is

experiencing a serious health condition.

12.11.2.3 Employee may be asked to use other paid leave prior to being placed on

unpaid leave status. (Refer also to FEHC Regulations.)

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12.11.3 Unit members may apply for additional days of Catastrophic Family Leave, subject to the

conditions and following the procedures outlined below with approval contingent on

funds in the identified account and, if needed, additional sources mutually agreed upon

by the UF and the District. Funds for this plan will come from the existing UF Co-Pay

Reimbursement account of $50,000 annually. The plan will be administered by District

Human Resources as outlined below.

12.11.3.1 Annually, the District will move any remaining funds from the “UF Co-Pay” account

from the prior corresponding year into a “UF Catastrophic Family Leave” account.

(e.g. unused co-pay funds from 2016-17 will be moved to the 2017-18 family leave

account).

12.11.3.2 Faculty members who have exhausted their family leave options, including family

leave and personal necessity leave, may apply for additional paid leave.

12.11.3.3 Eligibility will be determined based on FMLA/CFRA standards.

12.11.3.4 If approved by District Human Resources, the college will be reimbursed the

average “C” rate for replacing the approved faculty member.

12.11.3.5 Reimbursement will be on a first-come, first-served basis, and approval will be

contingent on available funds.

12.11.3.6 Unused funds remaining in the “UF Catastrophic Family Leave” account at the end

of the year will not roll over into the subsequent year.

12.12 RELIGIOUS OBSERVANCE LEAVE: Temporary, contract and regular faculty may be granted

a leave with pay for special religious observances of the employee's faith falling on a regular

workday.

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ARTICLE 13

NON-CREDIT INSTRUCTION

13.1 NON-CREDIT LIMIT: Total District non-credit FTES shall not be greater than 1% of District

credit FTES. Community service is not part of the 1%.

13.2 NON-CREDIT INSTRUCTION LIMITS FOR FULL-TIME: No full-time assignments shall include

non-credit instruction, unless a RIF would follow due to a state mandate of credit classes being

designated as non-credit classes. In such case an assignment of twenty-five in-class hours

shall be considered a full instructional load. All contract I, II, or III or regular unit members

teaching non-credit classes as part or all of teaching load shall be subject to all conditions of this

Agreement as if the member were teaching credit classes.

13.3 EXTRA-CONTRACTUAL: All assignments except for those in Section 13.2 above are extra-

contractual (not part of regular “A load”), and the employees are members of the bargaining

unit.

13.4 SALARY RATE FOR NON-CREDIT CLASSES: The hourly rate for non-credit classes shall be

determined by Appendix B-2, Class I, Step 1.

13.5 APPROVAL OF NON-CREDIT CLASSES: All non-credit courses shall be approved through the

normal instructional committees on campus. All non-credit instructors shall be hired as

specified in Article 6.

13.6 NON-CREDIT CLASS SIZE MAXIMUMS: All non-credit class size maximums shall be

established through the same procedure as for new credit courses.

13.7 This article does not apply to non-credit courses where the District receives apportionment at

the standard for-credit rate.

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ARTICLE 14

EARLY RETIREMENT/PRE-RETIREMENT PLANS

14.1 EARLY RETIREMENT/EMERITUS FACULTY: This is an incentive plan available an employee

who has not elected to participate in the "Golden Handshake" Program, as set forth in 14.3, is

over the age of fifty-five (55), is eligible for STRS or PERS benefits and is contracted to perform

professional instructional and non-instructional services as identified in Article 7, Sections 2 and

3 of this Agreement for a maximum of five (5) years. Service under this contract must be

completed within six (6) years of retirement.

14.1.1 Age Requirement. The employee must have reached the age of fifty-five (55)

before participation.

14.1.2 Initiation of Request. Although the employee shall initiate the request, post-

retirement employment contractual arrangements are made by mutual consent of

the employee and the District before retirement.

14.1.3 Other Requirements. The employee must have been employed full-time in the

Contra Costa Community College District for at least ten (10) years in a faculty

position.

14.1.4 Workload. Employees who perform services under this plan shall be given the

same consideration as regular employees in regard to class assignments,

scheduling and class sizes (when applicable).

14.1.5 Salary. The employee shall receive the maximum compensation allowable to those

concurrently receiving STRS benefits provided such services are performed to equal

such compensation. The maximum compensation for each year will be the

allowable STRS amount. Payment may be arranged by agreement between the

retirant and the District.

14.1.6 Fringe Benefits. Insurance - Health and dental insurance eligibility shall be in

accordance with Article 21, Benefits, Retiree Insurance.

14.1.7 Notification Dates. Any employee who is interested in participating in the plan shall

notify the District no later than November 1.

14.1.8 The contract form shall be reviewed by the District and the United Faculty.

14.1.9 Whatever debits or credits that may appear on the Load Variance Reports shall,

upon election and acceptance of retirements, be considered by all parties as

reconciled in full.

14.1.10 Contract. Prior to entering the above-referenced program, the employee and his/her

respective department shall design a Teaching Assignment Plan using the form in

Appendix G that shall tentatively project the employee's instructional duties to be

performed for the duration of his/her participation in this program. Consideration in

the instructional design shall be given to:

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14.1.10.1 The generation of FTES with respect to the assignment.

14.1.10.2 No retiree shall leave a course before that course has terminated. If the

courses required for the two-year period cannot be divided equally, the

courses required in the first year shall be greater than the courses

required in the second year.

14.1.10.3 The summer session period is excluded unless it is with the approval of

the United Faculty.

14.1.10.4 Extended day shall be used only with approval of the department

involved.

14.1.10.5 The employee-retiree shall be given the opportunity to earn the

maximum allowed by STRS/PERS in accordance with Section 14.1.5.

14.1.10.6 A retiree may choose to be compensated in one of the following ways:

1. The retiree will be paid the maximum allowed for the two-year

period provided he/she teaches at least one-half of a two-year

assignment in the first year and the remainder in the second year.

The minimum total hours necessary for a two-year assignment will

be calculated by using the following formula:

Weekly Hours = STRS Maximum X2



Amount of Class VII Step 22 of Appdx. B

2 (semesters) X 15 (lecture load)

This value to be rounded to the next full hour.

Minimum total hours = Weekly hours X 18 (rounded)

2. The retiree will be compensated at an hourly rate. The hourly rate

is calculated by using the following formula:

Hourly Rate = STRS Maximum X 2



Minimum total hours from

above

3. The parties are absolved of any load variance obligation pursuant

to the foregoing to either the employee-retiree or his/her estate

should the employee-retiree fail to complete the instructional

design for this program.

14.1.10.7 The employee-retiree's continuation in the program is subject to the

attainment of a satisfactory evaluation. Evaluation will occur in the first

and fourth year for those not evaluated in the last three years, or

evaluation will follow the regular cycle of the last evaluation as a regular

faculty member. The evaluation year(s) will be written into the member's

contract. Emeritus faculty may be terminated for those reasons listed in

Education Code Section 87732. Any grievance arising from this process

shall commence at the Chancellor's level. (Level 3)

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14.1.11 Departmental Approval of and Changes to Emeritus Contracts

14.1.11.1 In seeking an emeritus faculty employee position, faculty must receive the

approval of their departments. In reviewing emeritus faculty employee

positions, departments must consider the impact on the department's FTE

in absorbing the emeritus faculty employee. That means that if a

department contemplates hiring a full-time replacement for the retiring

faculty member, the department must have sufficient "C" contract sections

in its program or the college must be willing to commit sufficient FTE to

the department to both absorb the emeritus faculty employee and hire the

new full-time faculty member. The department must meet other

college/District-defined criteria for new hires. A department may also

choose to grant an emeritus faculty employee position and not hire a full-

time replacement.

14.1.11.2 No college will be penalized financially for granting emeritus faculty

employee positions. If a department plans to add new sections to

accommodate both a new hire and an emeritus employee, the plan must

be approved by the college Box 2A committee.

14.1.11.3 Emeritus faculty may be assigned "C" contract courses at any of the

District's sites to fulfill an emeritus faculty contract. Should there be

insufficient "C" contract courses within the District during a particular

semester, emeritus faculty will not be paid for that semester.

14.1.11.4 After the District and the emeritus faculty member have agreed on the

emeritus faculty five (5) year contract, emeritus faculty are obligated to

teach the course(s) offered by the college(s) during any given semester.

Should the emeritus faculty member refuse to teach a course(s), for other

than medical reasons, emeritus faculty shall not be paid for that course

and the District is not obligated to extend the emeritus contract.

14.1.11.5 If an emeritus faculty contract is changed by the college after the initial

agreement, the emeritus faculty member may refuse to teach a "C"

contract section and have the agreement extended for up to one (1) year.

However, the emeritus faculty member shall not receive payment for the

courses(s) he/she refused to teach.

14.2 PRE-RETIREMENT REDUCTION OF FACULTY EMPLOYEE ANNUAL WORKLOAD: It shall

be the policy of the District to permit the reduction of faculty employee workloads in accordance

with the provisions of Education Code Sections 87483 and 22724 and the following regulations:

14.2.1 Age Requirement. The employee must have reached the age of fifty-five (55)

before reduction in workload.

14.2.2 Initiation of Request. The option of reduced-load employment must be exercised at

the request of the employee and by the mutual consent of the District.

14.2.3 Other Requirements. The employee must have been employed full-time in the

Contra Costa Community College District for at least ten (10) years of credited

service in a certificated position of which the immediately preceding five (5) years

were full-time employment.

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14.2.4 Revocation of Reduced Workload Agreement. Revocation of the reduced workload

agreement requires mutual consent of the District and the employee.

14.2.5 Workload. The minimum workload for reduced-load employment shall be the

equivalent of one-half (1/2) of the annual full-time workload as defined elsewhere in

this Agreement. Employees who teach under this plan shall be given the same

consideration as regular employees in regard to class assignments, scheduling and

class sizes.

Pre-retirement reduction in workload is limited to a period of ten (10) years.

Employees who teach one-half (1/2) of a full-time workload shall be able to fulfill

their annual assignment by teaching full-time for one (1) semester. One semester

shall be one-half (1/2) of the service days of the academic year. Where semesters

are unequal, a member may be required to serve one-half (1/2) to one (1) day more

than the specified semester. The one-half (1/2) to one (1) day shall be served by the

member in a way and at a place the member shall designate.

14.2.6 Salary and Fringe Benefits. The employee shall be paid a salary which is the pro-

rata share of the salary which the employee would have earned had he or she not

elected to exercise the option of reduced workload. The employee shall retain all

other rights and benefits enjoyed by full-time members of the unit.

14.2.7 STRS. The employee shall receive retirement credit as if he/she were employed on

a full-time basis. Both employee and the District shall contribute to the STRS the

amount that would have been contributed if the member were employed on a full-

time basis.

14.2.8 Notification Dates. An employee requesting participation in, or revocation of, the

reduced workload agreement must apply by February 15, for the following academic

year.

14.2.9 Contract. Mutual consent to the conditions noted above must be reached by March

15 for the following academic year. Participation must begin at the beginning of the

academic year and must be for the entire academic year.

14.2.10 Change of Assignment. Mutual consent for a change in work year assignment must

be reached by March 15 for the following academic year.

14.2.11 CalSTRS Approval. CalSTRS must receive and approve the pre-retirement

reduction prior to the employee participating in the program.

14.3 GOLDEN HANDSHAKE: The parties will reopen negotiations if the state passes a “Golden

Handshake” retirement provision for faculty during the term of this agreement.

14.4 ADDITIONAL EARLY RETIREMENT ELIGIBILITY: Unit members may also apply for early

retirement if they have twenty-five (25) years of credited service and have reached age 50

pursuant to applicable STRS regulations and legal requirements. Retiree fringe benefits will

only be provided under the applicable contract provisions.

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ARTICLE 15

REDUCED LOAD

15.1 ELIGIBILITY: Any full-time regular employee is eligible for, and may request, a reduction in

workload. This may be a temporary or permanent arrangement.

15.2 INITIATION OF REQUEST: The reduced workload request is initiated by the employee and

must be forwarded through channels for action by the Board.

15.3 WORKLOAD: The minimum workload shall be one-half (1/2) of the annual full-time workload

as defined in Article 7 in this Agreement. Employees who serve under this plan shall be given

the same consideration as regular employees in regard to class assignments, scheduling and

class sizes. Employees who select one-half (1/2) of a full-time workload may fulfill their

assignment in one (1) semester. Employees shall meet contractual obligations other than

teaching in proportion to the load worked.

15.3.1 Salary. Salary shall be in direct proportion to workload and may, with agreement of

District, be pro-rated over twelve (12) months.

15.3.2 Fringe Benefits. The employee on reduced workload shall retain all rights and

benefits of a full-time employee, including all fringe benefits.

15.3.3 STRS. The employee and the District shall make contributions to the STRS in

proportion to the load worked, and the employee shall receive proportionate service

credit.

15.3.4 Modification. Requests for modification of the reduced workload must be approved

by the Board.

15.3.5 Sabbatical Leave Qualifications. To qualify for a sabbatical leave, the last two (2)

years of the requisite six (6) years of full-time service must directly precede the year

of the employee's proposed sabbatical leave.

15.3.6 Notification Dates. An employee requesting participation in this reduced load option

must apply for consideration by January 15 for the following academic year or by

September 15 for the following spring semester.

15.3.7 Contract. Mutual consent to the conditions noted above must be reached for the

following academic year by May 1, or by December 1 for the following spring

semester.

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ARTICLE 16

TRANSFER AND REASSIGNMENT

16.1 VOLUNTARY TRANSFER:

16.1.1 Any regular or contract unit member may request transfer from one department to

another, within the same college, when his/her education, training, experience and

abilities coincide with the requirements for a vacant position.

16.1.1.1 Within a week of a Box 2A meeting in which positions are authorized,

management will inform all full-time faculty of openings within the college.

Regular and contract faculty will then have five (5) working days to

request an internal transfer.

16.1.1.2 The receiving department may elect to accept the regular or contract

employee by a vote taken in accordance with the department/sub-

area/division bylaws. If the receiving department votes to accept the unit

member, the transfer will be permitted with the stipulations outlined in

Article 16.1.4.

16.1.1.3 If the receiving department elects not to accept the transfer, and to

continue with the hiring process, the unit member requesting transfer will

be treated in the same manner as a unit member requesting an

intercollege transfer.

16.1.2 Any regular or contract unit member may request a transfer from one (1) college to

another where his/her training, experience and abilities coincide with the

requirements of a vacant position.

Any regular or contract unit member requesting a voluntary transfer to such vacant

position shall participate in the full interviewing process, and he/she shall have

his/her application forwarded to management from the interviewing team in addition

to those applicants recommended through Section 6.4.3

16.1.3 District is under no obligation to select from among applicants on the basis of in-

District seniority. All applicants, internal or external, are considered to be clearly in

competition.

16.1.4 Any unit member accepted by another college or department will be permitted to

make the transfer when a suitable replacement is found. Any such transfer shall be

considered permanent.

16.2 INVOLUNTARY TRANSFER:

16.2.1 Where the District finds it necessary to transfer an employee from one (1) college to

another, qualified volunteers will be sought. The volunteer with the greatest

seniority shall be transferred. Where there are no qualified volunteers, the

transferee shall be the qualified person, based on District needs, with the least

seniority.

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16.2.2 Transferees involuntarily transferred from one (1) college to another to meet District

needs shall be returned to the original college, upon request, to fill a vacancy which

occurs for which the transferee is deemed qualified.

16.2.3 Where an individual has been involuntarily transferred and within a one (1) year

period such employee is to be involuntarily transferred a second time, the United

Faculty shall be notified, for consultation purposes, prior to the second involuntary

transfer occurring.

Involuntary or voluntary transfers should occur only between the two campuses in

which one campus is declared overstaffed and the other is declared understaffed.

16.2.4 An individual who has been involuntarily transferred shall retain seniority rights with

respect to the original campus, if there is in subsequent years a request for a

voluntary transfer to the third institution.

16.3 REASSIGNMENT:

16.3.1 Faculty displaced by a program review process (District-wide process whereby

management recommends future staffing needs) that culminates in an elimination or

reduction of a given program may displace faculty with less District-wide seniority,

based on the District FSA policy and AB 1725.

16.3.2 Program review process will determine reassignment feasibility based upon

established program need.

Where reassignment is possible, the affected faculty member (a regular or contract

faculty member not subject to layoff, who because of program review must be

reassigned) shall present his/her qualifications to the District FSA Committee.

16.3.3 Members being reassigned, in accordance with this article, into teaching areas from

non-teaching areas, or, into non-teaching areas from teaching areas will follow the

same procedure as specified in the District FSA policy and AB 1725.

16.3.4 Reassignment Procedure.

16.3.4.1 Before reassignment is necessary, efforts must first be made at the

campus level to provide a full load on that campus for all regular and

contract faculty.

16.3.4.2 Under most circumstances, new assignments would be planned at least

one (1) semester in advance. Such efforts would involve the appropriate

dean, the affected faculty member, and appropriate instructional or

service unit (department and/or division) in review of the various

alternatives for change in assignment in order to obtain a full load.

16.3.4.3 Reassignment at this point will be the result of mutual agreement

between the affected faculty member and the appropriate dean.

16.3.4.4 Reassignment matters not resolved at the campus level will be referred to

the District FSA Committee.

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16.4 STRUCTURE FOR FACULTY SERVICE AREAS (FSAS):

Generally, Faculty Service Areas will be those included in the Disciplines List as adopted by the

Board of Governors, including subsequent revisions.

16.4.1 The following criteria establish competency in an FSA. The faculty member is

competent if he or she meets minimum qualifications for the discipline(s) and:

16.4.1.1 has taught at least one semester/quarter credit course during two

different semester/quarters at an accredited college/university in the disci-

pline of the FSA; or has performed the duties at least 20% of the hours

per week indicated for a full load in assignments described in Article 7 of

the District/United Faculty Agreement (for example: counseling - 6

hours/week, librarians/learning resource assignment - 7, school nurse - 7,

tutoring coordinator - 6, learning specialist -7), at least two different

semesters/quarters at an accredited college/university;

OR

16.4.1.2 has completed the equivalent of 15 semester units of upper division

and/or graduate level course work in the discipline;

OR

16.4.1.3 possesses a valid Subject Matter Area Credential; i.e., is eligible to teach

those subjects listed on the credential or in the "GUIDE TO SUBJECT

MATTER AREAS FOR COMMUNITY COLLEGE CREDENTIALS,"

September 1974 (or subsequent revision), and any certificate or license

required in the discipline;

OR

16.4.1.4 in vocational areas has the combination of degree and work experience

as stipulated in the Disciplines List, and submits evidence of occupational

proficiency based upon at least two years of recent work experience,

calculated either consecutively or cumulatively, which is directly related to

the occupation to be taught or upon evidence of equivalent proficiency.

(California State Plan For Vocational Education.)

16.4.2 Retraining. A faculty member who is subject to a RIF may elect the retraining option

described below. A faculty member is said to be subject to a RIF when not enough

assignable FTE exists within the District to provide him or her with a full faculty

assignment, and when the faculty member has received a March 15 layoff notice for

all or part of a contract position. "Assignable FTE" is defined as scheduled duties

which the faculty member is eligible to assume by virtue of one or more FSAs

assigned to him or her prior to a RIF and which are either unassigned, assigned to

"AC" or "C" contract staff, or are assigned to less senior "A" contract staff.

16.4.2.1 A faculty member who is subject to a RIF shall be given up to 39 months

to become eligible for an additional FSA. Retraining for the additional

FSA shall occur in a discipline that is agreed to by the faculty member

and the District FSA Committee comprised of the United Faculty Presi-

dent and Vice Presidents, Academic Senate Presidents, College

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Presidents, the Vice Chancellor for Human Resources and one

Instructional Dean appointed by each College President. In the event that

a vote becomes necessary, a tie vote shall be deemed a majority vote.

When the additional FSA is awarded, the faculty member shall be

assigned to available duties within it, except that no full-time member of

the faculty shall be replaced for all or any part of an "A" contract

assignment by a RIFed and retrained faculty member. For the purposes

of assigning a RIFed and retrained faculty member into duties governed

by an additional FSA, "assignable FTE" is limited to duties which are

either scheduled but unassigned or scheduled and assigned to "AC" or

"C" contract staff. However, during the time agreed to for retraining, the

District will not fill an authorized position in the retraining FSA if the filling

of that position will result in reducing the "AC" and "C" contract

assignments available in the retraining FSA to less than 1.5 FTE district

wide.

A faculty member who is RIFed for less than a full assignment and who

accepts the remaining portion of the assignment with the District shall be

paid at the "A" contract rate for that part of a full assignment which he or

she retains.

A faculty member who is RIFed for less than a full assignment and who

elects the retraining option shall retain full employee fringe benefits for

the duration of the training period defined and agreed to with the

committee. A faculty member who has no faculty assignment may elect

to continue on the District benefit plans, with carrier approval, at his or

her own expense during the retraining period.

16.4.2.2 A faculty member who may be subject to a future RIF as a result of a

program declared to be "in trouble" through the District program review

process and procedures and who has no other possible assignment in the

District may elect to meet with the District FSA Committee to determine

the most appropriate FSA for which to retrain.

16.4.2.3 A faculty member electing to retrain under A or B above will be deemed to

have met the equivalent of the minimum qualifications in a discipline

when he or she has completed the subject matter course work ordinarily

required for a qualifying degree, or otherwise met the requirements for

occupational experience.

16.4.3 Anyone proposing the establishment of an FSA that cannot be determined by

reference to the Disciplines List shall provide evidence of the need for the FSA to

the College Review Team, consisting of one Faculty Senate and one United Faculty

representative and up to two instructional managers, the College Instruc-

tion/Curriculum Committee and District FSA Committee along with

recommendations for minimum qualifications.

When a College Review Team cannot determine an FSA reference to the

Disciplines List adopted and amended by the Board of Governors, the Team shall

request that the District FSA Committee be convened to determine the need for

establishing a new FSA. The District FSA Committee shall recommend the addition

of the new FSA to the Governing Board. When a new FSA is established,

competency criteria described in 16.4.3.1 above shall apply.

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16.4.4 Initial Assignment for Faculty

16.4.4.1 New-hire faculty shall be assigned to FSA(s) by College Review Teams at

the time of selection for employment.

16.4.4.2 Approved FSA assignments shall be forwarded to the Chancellor and

submitted to the Governing Board for approval.

16.4.5 Process for Adding FSA(s)

16.4.5.1 Faculty wishing to add FSA(s) shall apply to the Vice Chancellor of

Human Resources by November 1. The form is in Appendix L.

16.4.5.2 Within five working days the Vice Chancellor of Human Resources shall

forward applications to the appropriate College Review Team.

16.4.5.3 College Review Teams shall forward their recommendations to the Vice

Chancellor of Human Resources by February 1. See appeal process.

16.4.5.4 The Vice Chancellor of Human Resources shall notify faculty of College

Review Team decisions by February 15.

16.4.5.5 Approved FSA assignment shall be forwarded to the Chancellor and

submitted to the Governing Board for approval.

16.4.6 Appeal Process for Denied FSA Assignments

16.4.6.1 Faculty whose application for additional FSA(s) are denied by College

Review Teams shall submit an appeal to the Vice Chancellor of Human

Resources within five working days after receiving notification of such

denial.

16.4.6.2 The Vice Chancellor of Human Resources shall convene a meeting of the

District FSA Committee to review appeals and to resolve disputes by no

later than March 15.

16.4.6.3 The Vice Chancellor of Human Resources shall notify applicants

regarding FSA Committee decision within five working days.

16.4.6.4 Recommended FSA assignments shall be forwarded to the Chancellor

and submitted to the Governing Board for approval.

16.4.6.5 Faculty who allege that they have been improperly denied an FSA may

invoke the grievance procedure in Article 19 of the District/United Faculty

Agreement.

16.4.7 Compensation

Faculty participating in the assignment of FSAs shall be compensated at the AB

1725 rate.

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16.4.8 Permanent Record

A record of the Faculty Service Areas(s) for which each faculty has been approved

by the Governing Board shall be maintained in the faculty member's personnel file.

16.5 DISTRICT FSA COMMITTEE RESPONSIBILITIES AND GUIDELINES: In all cases referred

from the campus level, the district shall

16.5.1 make a recommendation for placement based on institutional needs and the faculty

members' academic and/or professional experience.

16.5.2 follow the District FSA policy and AB 1725.

16.5.3 follow the developed appeal procedure.

16.5.4 verify all academic and professional experience.

16.5.5 verify retraining.

16.6 ADDITIONAL FSA PROCEDURES:

The purpose of this section is to clarify the FSA policy adopted by the Contra Costa Community

College District Board of Trustees on December 19, 1990. It is not intended to alter the policy

or to conflict with the United Faculty/CCCCD Agreement in any way.

16.6.1 Regarding procedures for assignment of FSAs: only college FSA Review Teams, or

when necessary, the three College Review Teams plus the Vice Chancellor of

Human Resources, or the District FSA Committee shall assign faculty and academic

managers to FSAs.

16.6.2 Since there exists wide variation in the rights and limitations of teaching credentials

granted over the years, College Review Teams are directed to read the terms of

each credential carefully to identify specific authorization granted.

16.6.3 Faculty (includes full-time faculty and academic managers) must hold a valid

credential which authorizes teaching in a minor at the community college level in

order to be awarded an FSA in the minor field.

16.6.4 Faculty who possess minors for Community College instructor Credentials (24 units,

12 or which must be upper division or graduate level) or minors for other credentials,

as allowed by the terms of the credential, shall be deemed to be minimally qualified

and competent (using criteria in Faculty Service Area Assignment Documentation

(FSAAD), box 3, "possesses a valid credential in the subject matter area; i.e., is

eligible to teach those subjects listed on the credential...") [Appendix L] for

assignment to an FSA. All minors for Community College Instructor Credentials

must be Board authorized to be valid.

16.6.5 Faculty applying for an FSA in a minor field as authorized by a valid Community

College Instructor Credential shall complete the Board approval form (See Appendix

L) and submit it with an FSA Application if they have not previously received Board

approval.

16.6.6 The competency in box 3 of the FSAAD form requirement may be satisfied by any

credential which identifies specific teaching areas.

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16.6.7 Faculty holding general secondary or life diplomas which do not list specific subject

matter areas shall meet competency according to box 1 of the FSAAD, i.e., having

taught in the FSA, or according to box 2 of the FSAAD, i.e., having completed the

equivalent of 15 semester units of upper division and/or graduate level course work

in the discipline.

16.6.8 The District shall establish an FSA in each foreign language taught in the District.

Minimum qualifications shall be those listed in the most recent version of "Minimum

Qualifications for Faculty and Administrators in California Community Colleges,"

published by the Chancellor's Office, California Community Colleges. Competency

criteria as described in section 1 of the District FSA Policy shall apply.

16.6.9 FSAs may be granted in disciplines not currently used in the District, with the

exception of "Interdisciplinary Studies," which shall not be used as an FSA. Faculty

claiming minimum qualification in a discipline through an interdisciplinary

preparation, e.g., Social Science, Humanities, Ethnic Studies, Women's Studies,

Ecology, Geography, Gerontology shall be evaluated in one of two ways:

16.6.9.1 Those holding a credential which authorizes teaching at the community

college level in a minor field:

If they have taught the course previously, they shall be awarded the FSA.

If they have not taught the course previously, the College Review Team

shall compare their qualifications to those of others in the FSA and shall

grant or deny the FSA assignment if consensus is reached. In the event

that consensus is not reached, the combined college review teams and

the Vice Chancellor of Human Resources shall review the applicant's

qualifications and shall grant or deny the FSA assignment.

16.6.9.2 Those who do not hold a valid credential but who qualify under the

minimum qualification (adopted July 1, 1990):

Applications shall be reviewed by the combined College Review Teams

and the Vice Chancellor of Human Resources.

16.6.10 College Review Teams shall notify faculty of the need for additional information to

verify satisfaction of minimum qualifications or competency criteria and/or shall

request verification of district teaching experience from the appropriate college or

district office. Verification of teaching experience outside of the district must be

provided by the applicant. Responses from faculty or the District shall be due to the

College Review Teams no later than mid-January.

16.6.11 Limited service credentials and non-renewable credentials shall not satisfy minimum

qualifications for an FSA in a discipline.

16.6.12 The College Review Teams shall grant or deny FSA applications from faculty

claiming equivalency of minimum qualifications if consensus is reached. In the event

that consensus is not reached, the combined College Review Teams and the Vice

Chancellor of Human Resources shall review the applicant's qualifications and shall

grant or deny the FSA assignment.

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ARTICLE 17

EVALUATION OF FACULTY

17.1 REGULAR/PROBATIONARY EVALUATIONS: All regular and probationary unit members shall

be evaluated according to Appendix X.

17.2 PART-TIME EVALUATIONS: All temporary (part-time) unit members shall be evaluated

according to Appendix X

17.3 MANAGEMENT INITIATED EVALUATION: If management believes substantial evidence

exists that a faculty member is in violation of Education Code 87732, management, with the

consent of the college president, may conduct an evaluation of the faculty member. Such a

decision shall be at the sole discretion of management. Management agrees that prior to

conducting a management initiated evaluation, the faculty member being evaluated and the

United Faculty shall be given: 1) all evidence or complaints which lead to the evaluation, 2) a

description of the alleged violation of Ed Code 87732, 3) the time line including completion date,

and a description of all procedures to be used in the evaluation. Once the notification has been

given, management must give the faculty member twenty-four (24) hour notice of any classroom

observation that is to occur.

17.4 PART-TIME ADMINISTRATION OF JUSTICE FACULTY: Part-time faculty in the

Administration of Justice Program at Los Medanos College will not be evaluated according to

the process in Appendix X. The Administration of Justice part-time faculty will continue to be

evaluated according to the existing process, which meets POST requirements.

17.5 MANAGEMENT INVOLVEMENT IN EVALUATION OF PROBATIONARY FACULTY: The

"Evaluation of Probationary Faculty" (Appendix X) process will be amended to allow one of the

following academic managers to participate on the Tenure Review Committee: immediate

supervisor of the probationary faculty member or his/her immediate supervisor. For faculty

assigned to the San Ramon Valley Center, the Director of SRVC may participate as the

manager on the Tenure Review Committee.

17.6 EVALUATION OF FACULTY HIRED MID-YEAR: All full-time faculty hired to begin service mid-

year (that is, in a spring semester) shall be evaluated during the second, third, fourth, sixth, and

eighth semesters of service. All other conditions of the faculty evaluation policy shall remain

unchanged.

17.7 EVALUATION OF FACULTY TEACHING AT MULTIPLE CAMPUSES:

When part-time faculty teach for a college at two different locations (e.g. Pleasant Hill Campus

(PHC) and the San Ramon Campus (SRC)), departments (and non-departmentalized groups) at

any college campus may, at their discretion, elect to accept an evaluation of a part-time faculty

member conducted at the other campus in lieu of conducting an independent evaluation,

provided that:

17.1.1 the evaluation at the other campus was in the same discipline as the part-time

faculty is teaching at the campus accepting the evaluation; and

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17.1.2 the evaluation being accepted was conducted within three (3)

semesters of the time due to be evaluated at the campus accepting

the evaluation; and

17.1.3 the summary score on the most recent evaluation was neither “needs

improvement” nor “unsatisfactory”; and

17.1.4 the part-time faculty due to be evaluated agrees to have the previous

evaluation used in lieu of a new evaluation at the second campus.

In the case that a college department elects to accept an evaluation from another campus, no

additional changes to the time line or due-process rights shall be implied. Part-time faculty will

continue to have separate evaluation time lines at each campus and in each department that

they teach, and seventh-semester requirements for part-time faculty (that they be evaluated by

at least two evaluators) remain in effect.

17.8 MODIFICATION OF EVALUATION CYCLE FOR TENURED FACULTY

Any department that submits advanced written notification to the appropriate dean by November

15 of the preceding fall semester, with a copy sent to UF, may evaluate any tenured faculty

member one semester early (in the spring semester that precedes a regularly scheduled fall

evaluation) one time. Doing so will change the evaluation timeline for the evaluatee so that he or

she will normally be evaluated every sixth spring semester thereafter.

No tenured faculty member shall have his or her evaluation timeline advanced and adjusted in

this way more than once unless all parties agree otherwise in response to a specific contract-

variance request.

This provision shall not apply if the most recent evaluation included a summary score of “needs

improvement” or “unsatisfactory.”

This provision does not apply to probationary or part-time faculty and does not modify any other

part of the collective bargaining agreement or evaluation process.

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ARTICLE 18

PERSONNEL FILES

18.1 ONE OFFICIAL PERSONNEL FILE: There shall be one (1) official personnel file for each

employee maintained at the employee's assigned campus or District Administrative Office.

18.2 ADDITION OF DEROGATORY MATERIAL: No adverse action shall be initiated against a

unit member based upon written material that is not contained within the official personnel file

unless otherwise required by law. Such materials shall have been placed in the personnel file

on or about the time giving rise to the incident, or, on or about the time the materials became

known to the District to cause the adverse action to take place.

If any derogatory recorded or written reports or communications are to be placed in a unit

member’s file, the member shall be notified. The following procedure will be followed:

18.2.1 If the material results from a proceeding where the employee had the right to

respond, testify, and confront witnesses, then the material may be placed in the file.

18.2.2 In other circumstances, the District will make an independent investigation before

placing such material in the file.

18.2.3 An employee placed on administrative leave shall receive a letter (and have such

letter placed in the personnel file) that outlines the reasons for the administrative

leave.

18.3 FACULTY NOTIFICATION OF ADDITION: Unit members shall be given the opportunity to

comment on the content of written materials before it is permanently placed in the unit

member's official personnel file. A copy of the written material shall be stamped with the

following statement and forwarded to the employee:

Date

You are notified that at the end of ten (10) faculty service days from the

above date, this will be placed in your personnel file. You have the right

within fifteen (15) faculty service days from the above date to provide any

written comments and have them attached to the copy of this letter in your

file.

Signed

18.4 COPIES OF DEROGATORY MATERIAL: In any adverse action against a unit member, a

(one) copy of derogatory material to be used in such action shall, without cost, be furnished

the member. Any other copy made or requested from the official file shall be at cost.

18.5 MATERIAL MUST BE SIGNED AND DATED: Derogatory material placed in the official

personnel file shall be signed and dated by the individual responsible, and, signed and dated

by the employee on the date reviewed, or, in accordance with Section 18.3, above.

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18.6 SIGNATURE OF EMPLOYEE: Signature of the employee on any derogatory material shall be

deemed solely for the purpose of verification that the employee has seen and reviewed the

material, not that it is deemed agreement with the contents or materials.

18.7 FILE REVIEW:

18.7.1 Review of information of a derogatory nature shall be during normal business hours

and the employee shall be released from duty for this purpose without salary

reduction.

18.7.2 A unit member shall have the right during the member's non-working hours to

examine all materials (except those obtained prior to employment, those prepared

by identifiable examination committee members, or, those obtained in connection

with promotional examinations) contained within the official personnel file.

18.7.3 A unit member may, in writing, authorize a representative to have access to, and to

review, the member's official personnel file. The United Faculty agrees it shall

indemnify and save the District harmless from any and all claims, demands, suits or

any other actions arising from such access or review.

18.7.4 All reviews shall be done in the presence of a management employee, or designee,

who shall be positioned in a manner ensuring confidentiality and security of the file.

18.8 GUARANTEE OF CONFIDENTIALITY: The official personnel files are confidential and shall

be stored and maintained in a manner which provides such confidentiality. Such files, to

ensure confidentiality, are available for review only to authorized District personnel, and, other

persons having a legal right to review. Personnel files shall be available to the member for

inspection during normal working hours and with reasonable notice to the Vice Chancellor of

Human Resources and Organizational Development or designee.

18.9 NO ANONYMOUS MATERIAL: No anonymous material shall become a part of a member's

personnel file without the consent of the employee.

18.10 REQUESTED REMOVAL OF MATERIAL: The member may request the removal or correc-

tion of materials, except those related to evaluation, which are no longer timely or relevant.

Within ten (10) working days, the president of the college shall grant or deny such a request,

in writing. If denied, the request and denial shall become part of the personnel file.

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ARTICLE 19

GRIEVANCE PROCEDURE

19.0 PURPOSE: To provide an orderly procedure for reviewing and resolving grievances promptly.

For alleged violations of District policy, refer to District Complaint Policy.

19.1 DEFINITIONS:

19.1.1 Grievance: A formal written allegation by a grievant that the grievant has been

adversely affected by a violation of a specific article, section or provision of this

Agreement.

"Grievance," as defined in this Agreement, shall be brought only through this

procedure.

19.1.2 Grievant: Any member of the bargaining unit covered by the terms of this

Agreement. The United Faculty may bring grievance, itself, when an alleged viola-

tion of this Agreement has occurred but no specific member of the unit has been

aggrieved.

19.1.3 Day: A "day" (for purposes of this Grievance Article) is any day in which the central

administrative office of the Contra Costa Community College District is open for

business.

19.1.4 Immediate Supervisor: The immediate supervisor is the first (1st) District-

designated supervisor or manager not within the same bargaining unit having

immediate jurisdiction over the grievant.

19.2 TIME LIMITS:

19.2.1 Grievant who fails to comply with the established time limits at any step shall forfeit

all rights to further application of this grievance procedure relative to the grievance

in question.

19.2.2 District failure to respond within established time limits at any step entitles the

grievant to proceed to the next step.

19.2.3 Time is of the essence in all processing of grievances.

19.2.4 Timeline for filing begins with date of act or occurrence giving rise to the grievance

or date the United Faculty or grievant could reasonably have known of the act or

occurrence.

19.3 OTHER PROVISIONS:

19.3.1 Member Legal Rights: Nothing contained herein shall deny to any member his/her

rights under state or federal constitutions and laws. No probationary member may

use this grievance procedure in any way to appeal discharge or a decision by the

Board not to renew his/her contract. No tenured member shall use this grievance

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procedure to dispute any action of the Board that complies with state law. No

member shall use this grievance procedure to appeal any decision of the Board or

the Administration if such decision is applicable to a state or federal regulatory

commission or agency.

19.3.2 United Faculty Representative: The grievant may be represented by a designee of

the United Faculty at any step of this grievance procedure. Neither the Board nor its

representatives shall meet with any person acting as the representative of any

employee group other than the United Faculty on matters subject to this grievance

procedure. The District shall submit to the United Faculty copies of any formal

written grievance within two (2) days of its filing.

19.3.3 Grievance Processing – Limits: Any grievance or alleged grievance occurring

during the period between the termination date of this Agreement and the effective

date of a new Agreement shall be processed under this grievance procedure. Any

grievance that arose prior to the effective date of this Agreement shall not be

processed under this procedure. Any grievance or alleged grievance which

occurred or is alleged to have occurred more than twenty (20) days prior to

submission at Level I with the college president, or designee shall not be processed

by the District.

19.4 PROCEDURAL STEPS:

19.4.1 Level I:

19.4.1.1 Within twenty (20) days of the time an alleged grievance is said to have

occurred, the grievant shall submit the grievance on the appropriate form

(Appendix C attached) to the college president or designee. The

employee shall have discussed the grievance informally with the College

President or designee within the twenty (20) days.

19.4.1.2 The college president, or his/her designee, shall communicate the

decision to the grievant, in writing, within fifteen (15) days of receiving the

appeal grievance. Either the grievant, the college president, or his/her

designee, may request a personal conference within the above time

limits. Any meeting shall be by mutual agreement.

19.4.2 Level II:

19.4.2.1 If the grievant is not satisfied with the decision at Level I, he/she may

appeal the decision, in writing, within fifteen (15) days to the Chancellor,

or designee.

19.4.2.2 The appeal shall include a copy of the original grievance and appeal with

the decisions rendered, and, the reasons for the appeal.

19.4.2.3 The Chancellor, or designee, shall communicate the decision, in writing,

to the grievant within fifteen (15) days. Either the grievant, the Chancellor

(or designee) may request a personal conference within the above time

limits. Any such meeting shall be by mutual agreement.

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19.4.3 Level III:

19.4.3.1 In the event the grievant is not satisfied with the decision at Level II,

he/she may, but only with the concurrence and participation of the United

Faculty, within fifteen (15) days, give written notice to the Chancellor

demanding a "Fact-Finding Panel" be formed.

19.4.3.2 The grievant may with or without concurrence of the United Faculty,

appeal the Chancellor's decision direct to "Level IV, Board" bypassing this

level as optional on any grievance.

19.4.3.3 Where the grievant and the United Faculty demand a "Fact-Finding

Panel," it shall be formed to consider the grievance and render a decision.

The procedure shall be as follows:

19.4.3.3.1 Within five (5) days after the receipt of the written request,

District and United Faculty shall each select one (1) person to

serve as a member of the panel.

19.4.3.3.2 Within five (5) days the selected panel members shall

communicate to select a mutually agreeable third (3rd) panel

member who shall be neutral and impartial and shall serve as

chairperson of the panel.

19.4.3.3.3 In the event that a mutually agreeable chairperson cannot be

agreed upon within three (3) days, the panelist shall be

selected by reverse striking from a list of five (5) certified

panelists supplied by the American Arbitration Association,

the California State Conciliatory Service, or the Federal

Mediation and Conciliation Service.

19.4.3.3.4 Panel chairperson expenses, including any per diem fees,

actual and necessary travel, and subsistence expense, and

other fees and expenses shall be shared equally by the

parties. Other expenses shall be borne by the party incurring

them except as noted in seven (7) below. Neither party shall

be responsible for the expenses or witnesses called by the

other.

19.4.3.3.5 The panel shall, within ten (10) days after its appointment,

schedule a hearing with the parties or their representatives,

either jointly or separately, and make inquiries and

investigations, hold hearings, or, take such other steps as the

chairperson deems appropriate to determine a resolution

recommendation.

19.4.3.3.6 The panel shall submit its decision, in writing, regarding the

grievance in question to the United Faculty and the Governing

Board.

19.4.3.3.7 The recommendation(s) shall automatically become binding

on the parties unless within twenty (20) working days of its

receipt at the District office or at the next regular Board

meeting (whichever is later) the Board rejects or alters all or

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any part of the recommendation(s). In the event the Govern-

ing Board rejects or alters all or any part of the recommenda-

tion(s), the Board shall submit its decision in writing within five

(5) days of the Board's action to reject or alter the

recommendation and pay all expenses that would have been

equally shared. This procedure shall apply only if the

grievance concerns Article 6, except 6.6, retired employees

claim for benefits, and termination of temporary employees.

If any other portion of the contract is grieved, the

recommendation(s) shall automatically become binding on

the parties. In this case, each party will pay its own expenses

and the losing party will pay the cost of the third panel

member, the panel chairperson.

19.4.3.3.8 In any event, the "Fact-Finding" panel shall have no power to:

19.4.3.3.8.1 add to, subtract from, discard, alter or modify

any of the terms of this agreement;

19.4.3.3.8.2 establish, alter, modify or change the salary

structure;

19.4.3.3.8.3 rule on any claim or complaint for which there

is another remedial procedure or course

established by law, or by regulation having

the force of law, and teacher evaluation

results; and

19.4.3.3.8.4 change any procedure, policy or rule of the

Board, nor, to substitute their judgment for

that of the Board as to the reasonableness of

any such practice, policy, rule, or action taken

by the Board.

19.4.4 Level IV - Board of Trustees:

19.4.4.1 Without Optional Fact-Finding:

19.4.4.1.1 In the event the grievant is not satisfied with the decision at

Level II (Chancellor), the decision may be appealed to the

Board of Trustees within fifteen (15) days.

19.4.4.1.2 In order to be processed or considered, this appeal shall

include copies of the original grievance and all appeals,

written copies of all decisions rendered, a statement of the

reason for an appeal, and, the specific remedy sought.

19.4.4.1.3 The Board shall set for its next regular meeting after

receipt, providing a minimum of five (5) work days elapses

from receipt until the Board meeting, a hearing on the

grievance. Such hearing shall be either public or in

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executive session in accordance with the grievant's

request.

19.4.4.1.4 The Board shall, within fifteen (15) days of its hearing,

submit its decision on the grievance in writing.

19.4.4.2 Where a Fact-finding Panel was Appointed. The procedures in

19.4.3.3.7 will apply regarding processing the fact finders’ decision.

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ARTICLE 20

SALARY

20.1 SALARY: Faculty salaries shall be stated in the salary schedules attached hereto as Appendix

B.

20.2 STEP INCREMENTS: District will provide salary step increments to all employees who attain

eligibility during the term of this agreement.

20.3 SALARY PLACEMENT (Class/Step):

20.3.1 Contract (Probationary), Regular (Tenured), and Full-Time Temporary Faculty

Salary Schedule Rules and Regulations:

The purpose of this section is to provide a detailed explanation of the criteria used in

determining Original Salary Placement (Class and Step).

Proper salary placement (Class/Step) is a joint responsibility of the employee and

the District. The District or college will inform each employee annually of his/her

class and step placement. New hires will receive written notification of their final

salary placement (FSP) within ten (10) working days following Board approval of

employment.

All employees are encouraged to review their salary placement at least annually and

should they believe that they are improperly placed on the salary schedule, they are

to immediately bring this information to the attention of the District.

Newly employed faculty will be given sixty (60) days from their first service also

known as original hire date (OHD) to submit official transcripts, copies of their

credentials and any verification of teaching and/or work-related experience to be

used for salary placement.

During this 60 day period, faculty will be assigned an Initial Salary Placement of

Class 1, Step 1. Upon receipt of official transcripts, teaching and/or work-related

experience, a Final Initial Salary Placement (FSP) will be determined. District

Payroll will adjust your next check to retroactively reflect the difference between the

I-1 rate and FSP effective OHD. Faculty who wish to appeal their FSP should notify

the United Faculty within fifteen (15) days.

If complete materials have not been submitted at the end of 60 days, placement will

be made on the basis of available information. If a newly hired faculty member is

still waiting for verification from a previous employer(s) at the end of the 60 day

period, he or she shall notify the District in writing that verification is still pending and

provide details. Upon receiving verification, the District will reclassify the employee

accordingly, following contractual step advancement procedures. No retroactive

pay or placement shall occur.

Copies of diplomas and/or transcripts may be used to determine if an instructor

meets minimum qualifications in their teaching area but may not be used to

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determine Final Salary Placement. Instructors who meet minimum qualifications will

be sent to Governing Board for approval.

20.3.1.1 Faculty Salary Schedule: The current salary schedule for contract and

regular faculty personnel is included in Appendix B.

20.3.1.2 Classification Plan for Contract and Regular Faculty: Faculty assigned to

other faculty services employed on an annual basis by action of the

Governing Board will be placed on the salary schedule and assigned to

one of the seven (7) classes in accordance with the classification plan

included in the Appendix.

20.3.1.3 Original Class Placement: Class placement is based on the following.

20.3.1.3.1 A faculty member is placed in Classes I through VII

depending upon degrees, and or/ number academic units

over and above degree(s).

20.3.1.3.2 Degrees must have been granted by a college or university

accredited by a recognized accrediting agency. All foreign

degrees must be evaluated by NACES, National

Association of Credential Evaluation Services, or any other

agency agreed to by the Faculty Senates Coordinating

Council.

It is important that the instructor request an evaluation to

determine what comparable U.S. degree they possess as

well as the number of units it took to earn that degree. If

the evaluation confirms the degree is equivalent to a

Master’s but does not indicate the number of units required

to earn that Master’s, then the instructor will be placed at a

Class III.

20.3.1.3.3 Academic units above a degree will be units granted by a

fully accredited college or university. Units from non-

accredited colleges and universities will be evaluated as

follows: (1) any work from an institution which is in the

correspondent stage will not be accepted; (2) work from any

institution which is in candidacy stage will be accepted from

the date of candidacy only; and, (3) after accreditation has

been granted an institution, work will be accepted for the

three (3) years prior to accreditation.

20.3.1.3.4 Degrees and academic units must be verified by official

transcripts or grade reports to which the college seal or

registrar's signature has been attached.

20.3.1.3.5 Faculty grandfathered under the credentialing system must

present their credential(s) for recording purposes.

20.3.1.4 Step Placement: Step is based on teaching and/or work-related

experience.

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20.3.1.4.1 Minimum Step Placement: A newly-appointed faculty

member with no teaching experience and/or related occupa-

tional experience will be placed on Step 1.

20.3.1.4.2 Maximum Step Placement: Step 10 will be the highest step

placement for newly-appointed faculty members except for

those who have worked with academic load part-time in the

District for six semesters or more including the year

immediately preceding their being hired full-time, who may

be placed up to Step 13 following contractual placement

procedures. Instructors who have worked part-time in the

District and are subsequently hired as full-time instructors

will be re-placed at the appropriate class and step at the time

of hire as a full-time faculty member. Faculty hired on or

after July 1, 2006 may use all part-time college teaching

experience for original step placement up to established

limits.

20.3.1.4.3 Prior Teaching Experience: For step placement, year-for-

year credit will be allowed on the basis of one (1) increment

for each year of verified teaching experience not to exceed

established limits. A year's experience is obtained by full-

time teaching or by other full-time approved educational

service in a public or private accredited or government

approved educational institution as a regular certificated (if a

public school) teacher, counselor, or librarian for a period of

not less than seventy-five percent (75%) of one hundred

seventy-five (175) days in a school year.

Employment as a teaching, research or laboratory assistant

will only be accepted as qualifying experience when the

faculty member was the teacher of record.

Periods of full-time teaching of less than a school year, as

measured in full semesters and/or full quarters or trimesters,

regardless of when taught, may be added together to qualify

for a full year's experience.

20.3.1.4.4 Occupational Work-Related Experience: Verified

occupational experience which is directly related to the

teaching assignment may be allowed credit for increment

purposes on the basis of one (1) increment for each two (2)

years of full-time employment experience. In no case may

the allowance for teaching experience and/or related

employment experience exceed established limits. Part-time

work experience may be accumulated to count as full-time

experience based on employer's definition of full time or a 40

hour work week if not defined.

20.3.1.4.5 Faculty placed on the basis of a vocational credential may

receive step credit only for that related occupational

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experience beyond that required to obtain the credential

held.

20.3.1.4.6 Substituting Work Experience for Class Placement in a Non-

Master’s Discipline. In addition to the determining factors of

degree, academic units and credential type governing Class

placement, faculty may substitute full-time work experience

for Class placement in lieu of Step placement. To be eligible

faculty must be assigned to a non-master’s discipline and

possess an AA degree. The first six years of full-time work

experience will be used to meeting minimum qualifications.

The remaining years may be used to move across in Class

on the basis of three years experience for each Class. This

option is shown as Condition VE in Appendix D-1.

20.3.1.4.7 Self Employment. Instructors may submit verification of their

full-time self-employed status for salary placement purposes.

Copies of IRS Schedule C must be attached for each year.

If Schedule C is not available, other documentation will be

evaluated on its merit. Full-time employment requires that

the individual show the work performed is reasonably

equivalent to other full-time employment. For example, profit

from a business that would provide income at least

equivalent to full-time employment or receipts that would

show evidence of at least 1800 annualized hours of work will

be accepted.

20.3.1.5 Advancement to Higher Classification: To advance on the salary

schedule, faculty must earn additional units beyond their final initial

placement. After initial FSP, the coursework submitted and reviewed for

initial class placement is not considered for advancement to higher

classification. All units submitted beyond the final initial class placement,

including those submitted at the time of hire but not used in the final initial

placement, are eligible to be used for advancement and are subject solely

and only to the provisions in the UF/CCCCD Agreement, 20.3.1.2.5, and

are to be evaluated accordingly.

To qualify for class advancement on the salary schedule, faculty must

submit evidence that they have met the requirements as stipulated in the

classification plan. Proof of completion of the requirements must be

submitted no later than October 1 of the year for which the change in

salary placement is requested. Following Board action on the

reclassification, pay retroactive to July 1 will be made in one (1) payment

and, subsequently, monthly warrants will reflect the higher classification.

If a faculty member can submit proof of completion of the requirements by

May 1, his/ her salary will be adjusted based on the new class placement

effective July 1 and the higher rate will be received on the warrant issued

the last working day in July.

For units to be used for advancement on the salary schedule, the

following policies and procedures will apply:

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A faculty member may combine Carnegie units including degree

applicable units, post-graduate or professional development units as

described in 20.3.1.5.1-3 below to move across the salary schedule from

the class in which he/she is placed upon employment to Class VII. If the

units are from a fully accredited college or university, Sections 20.3.1.5.1

and 20.3.1.5.2 below shall apply.

20.3.1.5.1 A minimum grade of “C” or “Credit” is required for any units

taken for credit and used for class advancement. Effective

July 1, 2001, and through June 30, 2011, at least 50% must

be upper division or graduate. Effective July 1, 2011, no

more than 40% of the units submitted for advancement may

be lower division. For each class advancement, the

cumulative total of lower division units submitted since the

initial FSP may not exceed 40%. Faculty are not required to

complete 60% non-lower-division units for each class

advancement, but must maintain a cumulative total of lower

division units at or below 40% in order to advance to the next

class. Units earned need not be related to the instructor's

discipline nor relate to the instructor furthering his/her

education. Faculty must satisfy all course requirements for

any course submitted for salary advancement:

20.3.1.5.1.1 One-half (1/2) of these may be obtained from

in-service training programs within the District,

even though the credit awarded is lower

division.

20.3.1.5.1.2 Institutes: One (1) unit of upper division credit

for each week of formal instruction will be

allowed for certified attendance, after

employment, at non-credit institutes, and/or

clinics conducted by colleges or universities,

government, business or industry. The mini-

mum amount of credit will be for five (5) days

or parts thereof of instruction. The days for

any given institute may be cumulative and

need not fall within a one (1) week period.

Excluded from consideration under this

section are conferences and/or workshops

that do not involve formal instruction.

20.3.1.5.1.3 When continuing education courses are

required for maintenance of professional

licensure and/or certification, and the state or

other governmental agency issued licensure

and/or certification is required for the

performance of the employee's duties

(reference Education Code 53417), credit for

those approved continuing education courses

shall be granted. Ten contact hours shall be

equal to one upper division unit. Only that

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training that pertains to the maintenance of

the licensure and/or certification is eligible.

20.3.1.5.2 Courses previously taken with essentially the same content

may be repeated provided ten (10) years have elapsed since

original completion of such courses. Repeated courses

include courses with essentially the same content taken at

different institutions.

20.3.1.5.2.1 One-half (1/2) or fifteen (15) of these units,

whichever is less, may be assigned to

approved projects completed after

employment in the District and will be credited

as upper division units. Credit will be divided

by the number of District faculty involved in

the project. Those projects which are

rejected may be revised and resubmitted the

following year.

20.3.1.5.2.2 Projects defined:

Books: Original works of book length which

are evident products of substantial research

and editing and which are published by

recognized commercial publishers shall

receive the maximum credit under

20.3.1.5.2.1 above.

Workbooks and Manuals: Workbooks and

manuals published by recognized commercial

publishers containing substantial theoretical

material and/or student response items shall

be allowed up to a maximum of six (6)

semester hours credit.

Anthologies and Edited Books: Anthologies

and edited books published by recognized

commercial publishers shall be allowed up to

a maximum of six (6) semester hours credit.

Articles: Articles reflecting substantial

research and/or critical value, for which credit

has not already been granted by a college or

university, which are published in journals or

proceedings of learned or professional

societies and institutes shall be granted the

equivalent of one (1) semester hour.

1. The instructor shall submit the project

materials to the Area Dean.

2. The Dean shall forward the project to the

United Faculty President who will

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convene a Review Panel. The Review

Panel shall consist of: the applicant's

Area Dean, one faculty member from

each college in the appropriate

discipline, and one faculty member

designated by the applicant.

3. The Review Panel shall review not only

the content of the project but shall

determine with the unit member seeking

advancement the number of hours spent

on the project. The Review Panel will

first decide if the project meets the

criteria stipulated above. If so the

Review Panel shall assess the number

of units to be awarded. As a rule, 54

hours of work should equal 1 unit of

credit. A maximum of fifteen (15)

semester hours credit are allowable for

each submission up to a total maximum

of 15 units. The Review Panel will

forward its decision to the Vice

Chancellor for Human Resources.

4. The decisions of the Review Panel shall

be grievable on matters of procedure

only.

Creative Arts Project: Creative projects for

teachers in the arts will be considered under

conditions paralleling those governing the

master's degree project, for which credit has

not already been granted by a college or

university, and shall receive the maximum

credit allowed under 20.3.1.5.2.1, above. The

conditions are the following:

1. The instructor shall submit a project

proposal and materials to the Area

Dean.

2. The Dean shall forward the proposal to

the United Faculty President who will

convene a Review Panel. The Review

Panel shall consist of: the applicant's

Area Dean, one faculty member from

each college in the appropriate

discipline, and one faculty member

designated by the applicant.

3. The Review Panel will review the project,

decide if it meets the criteria stipulated

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above, and forward its decision to the

Vice Chancellor for Human Resources.

4. Completed projects will be submitted to

the appropriate dean who will notify the

Vice Chancellor for Human Resources

of completion. Should the dean allege

that the project has not been completed,

he or she shall forward the written

allegations to the UF President and the

Vice Chancellor for Human Resources.

The Review Panel shall be reconvened

and shall make a final decision as to

whether the project has been

completed.

5. The decisions of the Review Panel shall be gri

6. evable on matters of procedure only.

Miscellaneous: For the projects, such as

textbook chapters or revisions, videos, films,

private lessons with a maestro, or the editing

of newsletters, which do not fit into the above-

mentioned categories, a district-wide

committee of five (5) appointed by the Vice

Chancellor of Human Resources and

Organizational Development or designee will

sit as an evaluation panel. At least two (2)

faculty members shall be from the discipline

of the unit member seeking advancement.

The panel shall review not only the content of

the project but shall determine with the unit

member seeking advancement the number of

hours spent on the project. As a rule, 54

hours of work should equal 1 unit of credit. A

maximum of six (6) semester hours credit are

allowable for each submission up to a total

maximum of 15 units.

20.3.1.6 Special Step Advancement upon Reclassification: An employee on the

top step of Classes I through IV who met step advancement requirements

during any preceding school years and who is reclassified, shall be

placed on the appropriate step in his/her new class based on actual years

of District service subsequent to initial step placement.

20.3.1.7 Step Advancement: Each faculty member will be granted one (1)

increment on the salary schedule each year up to the maximum allowed.

To qualify for advancement one (1) step on the salary schedule,

employees must have been employed in a paid status or on any form of

medical leave (FMLA, CFRA, etc.), or on military leave seventy-five

percent (75%) or more of the school days in a school year.

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20.3.1.8 Employment for Extra Service: A contract or regular faculty member may

be employed without further approval of the Board for service in the

extended day, summer session and special programs or for day program

assignments in addition to his/her regular load. Compensation will be in

accordance with his/her class and step placement and the extra service

assignment. Advancement to a higher classification will affect a faculty

member's extra service pay rate as follows:

July 1 if verified between the preceding October 2 and May 1. On

a current basis, effective October 1 if verified between the

preceding May 2 and October 1. Salary will be paid, if due, on a

retroactive basis for extended day and day program service in

September or summer session service in July or August if the

work was completed prior to June 30.

Service as a substitute instructor will be compensated on the basis of

Article 20.3.3.

20.3.1.9 Number of Salary Payments: A faculty employee on an annual salary

basis who has served a complete school year, or who has served the pre-

ceding spring term, as a contract or regular employee, shall be paid in

succeeding years in twelve (12) equal monthly installments, with the first

(1st) warrant paid the last working day of July.

The District will not claim advanced salary in the event of the death of an

employee during the year.

A new contract employee who commences service on the first (1st) day of

the fall term shall be paid in eleven (11) equal installments, with the first

(1st) warrant paid the last working day of August.

20.3.1.10 Loss of Salary and Partial Year Contracts: When a contract or regular

faculty member is absent for reasons which do not entitle him/her to use

any of the authorized leaves, a deduction in salary will be made based on

the rate per day obtained by dividing the annual salary rate by the number

of days of service included in the adopted school calendar for the year.

When a faculty member must be absent from his/her extra pay assign-

ment for a reason not covered by an allowable leave, his/her loss of pay

is computed as follows:

Hours Absent x Hourly Rate of Pay = Loss of Pay.

When a contract is written for a faculty member serving less than a full

school year or a full term, the amount to be deducted for each day not

served, and for which no salary allowance is given will be obtained by

dividing the annual salary rate by the number of days of service in the

adopted calendar for the year.

When a contract is written for one (1) term only, the annual salary rate will

be divided by two (2) to obtain the semester rate.

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20.3.1.11 A full-time unit member who is rehired will be placed at his or her salary

placement on the salary schedule at separation or may choose to be re-

placed as a new employee.

20.3.2 Temporary (Part-Time) Faculty Salary Schedule Rules and Regulations:

20.3.2.1 Salary Schedules for Temporary (Part-Time) Faculty: Salary schedules

for temporary (part-time) service in the day, extended day and summer

session are included in Appendix B.

A temporary (part-time) faculty employee on a per diem or hourly

assignment will be paid each month for assigned service rendered at the

rate indicated in the salary schedule for such service.

20.3.2.1.1 Instructor: Appropriate class and step of the current Teach-

ing Salary Schedule, Appendix B-2. The 2013-14 Agreement

also includes a load adjustment factor.

20.3.2.1.2 Counselors: Appropriate class and step of the current

Counselors, Librarians, and Learning Disability Specialists

Salary Schedule, Appendix B-3.

20.3.2.1.3 Other Certificated Services: Appropriate class and step of

the current Other Certificated Services Salary Schedule,

Appendix B-4. Partial listing of types of positions follows:

Coordinator, Supervisor, Tutor, Nurse, Part-time office

hours. Rates for substitutes are covered in a separate

section.

20.3.2.2 67% Rule: A temporary (part-time) employee shall not be employed

during the fall or spring semester for more than sixty-seven percent (67%)

of the semester load considered a full-time assignment for permanent

employees having comparable duties.

20.3.2.3 For temporary (part-time) faculty, the District or college will provide a load

and employment letter listing the faculty member’s assignment and load

value every semester.

20.3.2.4 Classification Plan for Temporary (Part-Time) Faculty: Temporary (part-

time) faculty will be placed on the salary schedule and assigned to one

(1) of the seven (7) classes in accordance with the classification plan

included in Appendix D-2.

20.3.2.5 Salary Placement (Class & Step): Except as noted, rules and regulations

affecting salary placement of temporary (part-time) day, extended day

and summer session teachers, counselors, librarians and other faculty

members are the same as for contract and regular faculty.

20.3.2.6 Advancement to Higher Classification or Step: Temporary (part-time)

faculty may submit additional degrees, credential, units, or college level

teaching experience per contractual procedures which would entitle them

to be placed in a higher classification or step prior to the first day of

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instruction each semester. If approved, compensation will be retroactive

to the first day of the semester.

20.3.2.6.1 Part-time faculty shall be allowed to use all college level

teaching experience for step advancement. Faculty shall be

advanced on the salary schedule one step for each year of

accumulated experience. A year of accumulated experience

is equal to the number of assigned hours which would have

been assigned as a full-time load if the part-time faculty

member was a contract or regular faculty member in the

appropriate area. The most service a faculty member can

accumulate in a given year is 1.0 FTE (full-time

equivalency). If in a given year, i.e. academic year 06-07, a

faculty member works for two districts with a load of .6 in

each district, the faculty member will receive the maximum

credit of 1 FTE, not a 1.2 FTE. Faculty hired on or after July

1, 2006 may use summer session hours toward step

advancement.

20.3.2.6.2 Official transcripts and verification of college level teaching

experience received prior to the first day of instruction will be

effective the first day of the semester.

20.3.2.6.3 Review of out-of-district experience received after the first

day of instruction shall occur in the next regular semester

(fall or spring). District will automatically act on in-district

accumulation and advancement when eligible.

20.3.2.6.4 The temporary (part-time) faculty member may advance to

the highest step and/or column.

20.3.2.7 Loss of Salary: Whenever a temporary (part-time) faculty person must be

absent from his/her assignment for a reason not covered by an allowable

leave, his/her loss of pay is computed as follows:

Hours Absent x Hourly Rate = Loss of Pay

20.3.2.8 Part-time assignments will be made available after contract, regular,

overload (AC), long-term substitute, and categorically funded

assignments have been made.

The District recognizes, according to the California Education Code, the

fact that part-time instructors have no legal right to or expectation of

continued employment. However, when making part-time assignments,

first consideration shall be given to current part-time instructors based on

qualifications, educational preparation to fulfill a particular assignment,

performance (evaluations), availability and the needs of the District.

Consideration of current part-time instructors need not be given for

courses outside the employee's discipline or to effectuate an increase in

teaching load.

20.3.2.9 A part-time faculty member who ceases to be employed by CCCCD and

then returns to teach in the District after more than six semesters will be

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placed at his or her previous place on the salary schedule or may choose

to be re-placed as a new employee.

20.3.3 Temporary (Substitute) Rates: Temporary (substitute) instructors are employed on

a day-to-day basis as follows:

When substituting for sixty percent (60%) or less of a full-time assignment

substitutes will be paid at the rate established by placement on the current Teaching

Salary Schedule, Appendix B-2.

When substituting for more than sixty percent (60%) of a full-time assignment for

more than five (5) consecutive school calendar days, substitutes will be paid at the

current Faculty Salary Schedule daily rate (annual salary rate divided by days of

service in Board-adopted calendar) or fraction thereof appropriate for their training

and experience. This rate shall be retroactive to the commencement of the period

of substitution.

Any long-term substitute assignment shall be considered a part of the instructor’s

load for the purposes of determining benefits and teaching experience if the

instructor teaches 60% of the course or assigned hours.

20.3.4 Payroll Errors: Proper salary grade and step placement is a joint responsibility of the

employee and the District. The District will inform each employee annually of his/her

class and step placement. All employees are encouraged to review their salary

placement at least annually and should they believe that they are improperly placed on

the salary schedule, they are to immediately bring to this information to the attention of

the District.

20.3.4.1 Insufficient Payment: Any payroll error resulting in insufficient payment for

an employee in the bargaining unit shall be corrected, and a special payroll

check issued no later than five (5) working days after the District has

received both a written request from the employee and verification of the

error. Otherwise, the supplemental amount will be included in the next

regular paycheck following verification of the error.

20.3.4.2 Overpayment: If the District overpays the employee, the employee shall,

upon realizing the fact or upon notification from the District, repay the full

amount of such overpayment. If the overpayment is $100 or less, the

employee shall have the overpayment deducted in the next paycheck.

For overpayments exceeding $100, the repayment schedule shall be

spread over the remaining months of the semester, with even amounts

deducted in each month, or the schedule shall be equal to the number of

months the employee was overpaid, whichever the employee prefers.

For example, an employee who was overpaid a total of $300 over a

period of three months shall have $100 deducted for the three months.

Employees who leave the District or go on unpaid leaves prior to

complete repayment shall have the remainder of the overpayment

deducted from their final check. If the final check is insufficient to cover

the amount owed, the employee will submit the necessary funds to the

District within 30 calendar days.

20.3.5 Paydays and Pay Periods: Monthly salaried employees are paid once each month.

Other than those issued for work in December, checks for the current month's work

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are presented and payable the last working day of the month. Checks for work

performed in December of each year shall be presented on the last working day of

December and payable on the first (1st) of January of each such academic year.

20.3.5.1 For temporary service by hourly and daily rate employees and extra pay

for monthly employees, warrants shall be issued on the tenth (10th) day

of the month.

20.3.5.2 The pay for semester length courses shall be pay by the course (instead

of by the hour) and will be in five equal installments beginning on

September 10 (Fall semester) or February 10 (Spring semester). The

amount will be calculated by multiplying the number of hours/week the

class(es) meet by the hourly rate by 18 weeks. This principle will also be

applied to short-term courses.

20.3.5.3 Payday will be on the preceding workday when it falls on a holiday,

Saturday or Sunday.

20.3.6 Payroll Deduction: By law, federal and state withholding taxes, State Teachers'

Retirement System contributions, and other taxes such as FICA and Medicare are

deducted from paychecks when applicable. Federal and state income tax will be

withheld on the basis of information furnished by the employee on Form W-4.

Retirement fund deductions will be made at rates determined by the Retirement

System. Payments for extra services of contract and regular employees are not

subject to retirement deductions.

There are other deductions, however, which can be made as a service to the unit

member. Among them are dues for employee associations, group life insurance

premiums, family accident insurance premiums, United Crusade pledges,

scholarship fund contributions, U.S. Savings Bonds, credit union share deposits and

loan repayments.

The District shall allow temporary (part-time) faculty to contribute a percentage of

their wages to a 403(b) plan.

20.3.7 Holiday Pay: A temporary employee or a contract or regular employee on an extra-

service basis is entitled to holiday pay if, in the absence of the designation of the

day as a "holiday" or "faculty recess" the employee would have been scheduled to

service. Holiday pay is not applicable to the Winter and Spring recesses.

20.4 FACULTY EVALUATION COMPENSATION PROCEDURE: Regular faculty shall be

compensated for performing peer, probationary and part-time evaluations according to the

following procedure:

20.4.1 Each semester, faculty members shall be compensated for all but one of the

completed evaluations. The faculty member shall designate which evaluations shall

be compensated.

20.4.2 A faculty member shall be compensated for no more than four (4) evaluations during

an academic year. Management may approve additional compensated evaluations

in special circumstances.

20.4.3 Stipends for faculty evaluations shall be paid according to Appendix J.

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20.4.4 All amounts shall be indexed to any salary schedule increases.

20.4.5 All classroom visits shall be done on non-scheduled time.

20.4.6 Payment(s) shall be made upon completion of evaluations.

20.5 PAYMENT FOR HIRING DONE DURING SEMESTER BREAKS:

Faculty will be compensated at the AB1725 (indexed to any salary increases) rate for hiring

committee work that occurs in the summer (time between graduation and the first day of

August flex) or between semesters. It is recommended that development of the recruitment

plan, supplemental questions, criteria and screening resumes take one to four hours.

Interviews are also paid on an hour for hour basis. Seven (7) to ten (10) hours is a reasonable

amount of time to do hiring. If more hours are requested, a manager would request an

explanation for the additional hours. The manager could then either approve or disapprove

the additional hours.

20.6 STRS CASH BALANCE PLAN FOR PART TIME FACULTY: The District and United Faculty

agree to offer the State Teacher’s Retirement Defined Benefit Plan, State Teacher’s

Retirement Cash Balance Plan, and Social Security for part-time faculty whose status is

considered temporary.

20.6.1 Full-time Equivalent Hours for Part-Time Faculty: the District reports 525 hours as the

full-time equivalent for instructional part-time faculty service, and 1050 hours as the full-time

equivalent for non-instructional part-time faculty service.

Effective July 1, 2014, the District will report 594 hours as the full-time equivalent for

instructional part-time faculty service, and 1050 hours as the full-time equivalent for non-

instructional part-time faculty.

In subsequent years, the full-time equivalent hours will be adjusted by the agreed-upon load

adjustment factor as follows: lecture weekly hours (15) multiplied by paid weeks per academic

year (36) multiplied by Load Adjustment Factor.

20.7 MANAGERS RETURNED TO THE FACULTY: Managers who are returned to the faculty

pursuant to the Education Code shall be evaluated for class and step placement according to

their education and experience prior to employment with the District. This evaluation shall be

in accordance with Articles 20.3.1.3 and 20.3.1.4. After this evaluation is completed,

management and teaching experience in the District shall be added on, giving credit on the

salary schedule on a year-for-year basis. No administrator returned to the faculty, except for

those with pre-AB1725 faculty tenure rights, shall bump a regular full-time faculty member

from his/her position at the college. This paragraph shall cover all effects of managers

returning to the bargaining unit.

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ARTICLE 21

BENEFITS

BENEFITS: All regular and contract faculty, excluding categorical and temporary, unless specifically

stated shall be provided with:

21.1 SALARY CONTINUANCE: District shall maintain for unit members a salary continuance

insurance program equal to coverage instituted on October 1, 1996 and provided by the

carrier for fiscal year 1996-97 (Hartford Group Plan Policy #GLT-34867).

21.2 TAX-SHELTERED PROGRAMS:

21.2.1 District shall provide for participation by unit members, tax-sheltered annuities and

tax-sheltered custodial accounts with carriers fulfilling all state and federal

requirement eligibility. It is the member's sole responsibility to assure such carrier

eligibility. Part-time faculty shall be allowed to contribute a dollar amount or

percentage of their wages to a 403 (b) plan. All faculty members shall be allowed

to change 403(b) contributions on a quarterly basis.

21.2.2 The District shall provide for full-time employees, an IRS Section 125 plan, with

Pension Dynamics as the program administrator, to cover medical and dependent

care expenses. Part-time employees may utilize the IRS Section 125 plan for

health plan premium payments.

21.3 LIFE INSURANCE: District shall maintain, in participation with unit members, group life

insurance in the face value to fifty thousand dollars ($50,000) in accordance with insurance

carrier requirements, at District cost. District will arrange with insurance carrier to allow

employee members to purchase, at their expense, up to an additional one hundred thousand

($100,000) of life insurance. It is agreed that any eligible unit member having an additional

self-paid $25,000 of life insurance may remain at $25,000 or purchase an additional $25,000

at his/her option. However, any eligible unit member who has not had additional self-paid life

insurance and any new employee who becomes eligible shall have only the option of

purchasing an additional self-paid $100,000 of life insurance in $50,000 increments, pending

carrier approval. Employees purchasing optional life insurance may also purchase, at their

expense, optional $5,000 dependent coverage.

21.4 VISION CARE: Effective July 1, 2000, the District shall provide all full-time unit members and

their dependents with Vision Service Plan (VSP) Plan C. This plan shall provide for a compre-

hensive exam and new lenses every 12 months, and new frames every 12 months. All other

services will be pursuant to the standard VSP plan description, except that it will reimburse up

to $50 for examinations by non-panel providers. There shall be a $10 annual deductible on

materials only. In addition, the following vision plan enhancements shall take place effective

July 1, 2000: $60 wholesale frame allowance; computer glasses; progressive lenses, tints,

and UV coatings. The UF shall receive the monthly utilization reports of unit members directly

from VSP.

21.5 PARKING PERMITS: The District shall provide a parking permit for each unit member within

the faculty/staff designated lots of spaces, at no cost to the employee.

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21.6 HEALTH AND DENTAL COVERAGE:

21.6.1 Regular and Contract Employees. The District shall pay for each employee each

year the maximum monthly premium amounts established in Appendix F.1, based

on carrier and coverage of enrollment. The District contribution for Kaiser or

Anthem, health insurance (including chiropractic coverage) and Delta Dental

Service is based on 100% of premium requirements for employee and dependents.

21.6.2 Appendix F. Notwithstanding any of the above, the various percentages of

premium contribution (e.g., 100%, 90%, 50%, et al.) are general and reflective

only; the actual dollar contributions by District for each carrier and coverage are

specifically calculated and enumerated as shown in Appendix F attached hereto

and incorporated herein by reference. Appendix F is agreed as the base for

implementation of all applicable conditions within this Article for health and dental

insurance. The amounts are based on 1987-88 premium rates. District agrees

that each year it will contribute the stated percentages of the premiums submitted

by the carriers, as appropriate through the annual adjustment of Appendix F to

reflect premium increases.

21.6.3 Compensation for Faculty with Alternate Health Coverage: Any employee who

chooses not to receive health contributions by the District and who submits an

affidavit of other coverage shall receive a monthly amount equal to the Kaiser

single rate effective during the term of this agreement. Effective January 1, 2018,

the maximum monthly amount shall be $600. The employee may receive the

amount as salary, or contribute to a 403(b), or contribute to the IRS Section 125

plan. The amount of such contributions shall be listed on a regular basis in

Appendix "F". If the employee loses health coverage specified in the affidavit, the

employee shall be enrolled immediately in the district health plan of the employee's

choice, subject to the approval of the carrier.

21.6.4 Health Plans: It is agreed that Kaiser, Anthem Blue Cross HMO or Anthem Blue

Cross EPO will be approved programs available to eligible unit members. It is

further agreed either party may suggest additional or different programs as they

become available. Adding or changing any such program shall be only with

concurrence of each party after consultation.

21.6.4.1 The health plans may be changed by mutual agreement of the District

and United Faculty. If a carrier fails to renew the program under

current conditions or otherwise ceases to offer the program, then the

parties will negotiate concerning the replacement of the carrier.

No more than two representatives of the District and two represen-

tatives of the United Faculty (who may be a health care expert and/or

consultant) will meet on request of either party to consult on this

issue, before referring the issue to negotiations. Representatives of

other employee groups may also be present.

The District agrees that all data needed by the consultants shall be

provided.

All replacement carriers must meet at least the following conditions:

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21.6.4.1.1 All HMO health plans shall be provided with the

prescription option.

21.6.4.1.2 Provide retiree coverage.

21.6.4.1.3 Allow open enrollment periods for retirees.

21.6.5 Domestic Partners Coverage in District Health, Dental and Vision Plans

The District shall pay the monthly premium amounts for each employee’s domestic

partner and the domestic partner’s dependents who meet the eligibility

requirements of the plans in question. Only those regular full-time faculty who

retire on or after May 1, 2002 and who would otherwise be eligible for retiree health

benefits under section 21.10 shall be eligible for domestic partner benefits under

the same qualifying conditions outlined in Section 21.6.5, except as those benefits

are modified under Section 21.10. Part-time faculty who receive health benefits

under Section 21.9.5 shall be eligible to participate in domestic partner benefits

under the same qualifying conditions outlined in Section 21.6.5, expect as those

benefits are modified under Section 21.9.5. For the purpose of Contra Costa

Community College District health, dental, and vision benefits, "domestic

partnership: shall exist between two persons regardless of their gender, and each

of them shall be the "domestic partner" of the other if they both complete, and sign

and file with the District the "Affidavit of Domestic Partnership" (Appendix K) which

includes the following statements:

21.6.5.1 The two parties have resided together for at least six months and

have chosen to share their lives in a committed relationship of mutual

caring, similar to marriage, for an indefinite amount of time;

21.6.5.2 The two parties are: not married, eighteen (18) years or older, not

related by blood closer than would bar marriage in the State of

California, and mentally competent to consent to contract;

21.6.5.3 The two parties declare that they are each other's sole domestic

partner; they are responsible for their common welfare, and are

financially interdependent.

"Financial Interdependence" means that the domestic partners have

entered into a contractual commitment for the financial responsibility

or have joint ownership of significant assets (such as home, car, bank

accounts) and joint liability for debts (such as mortgages and major

credit cards). Financial interdependence is demonstrated by meeting

at least two of the following conditions:

1. Hold a joint mortgage or lease

2. Designate a partner as the beneficiary of life insurance or

retirement benefits

3. Designate a partner as primary beneficiary in a will

4. Assign a health care power of attorney to the partner

5. Jointly own a bank account or credit account

6. Jointly own a car

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21.6.5.4 The two parties agree to notify the District in writing if there is any

change in the circumstances attested to in the affidavit.

21.6.5.5 The two parties affirm, under penalty of perjury, that the assertions in

the affidavit are true to the best of their knowledge

21.6.5.6 Other Provisions:

1. Neither individual has had another domestic partner within the

prior six (6) months (unless the relationship terminated due to

death).

2. Termination of the partnership shall entitle the non-employee

domestic partner and the dependents of the non-employee

domestic partner the rights to the District COBRA coverage or

Kaiser conversion coverage.

3. Dependents of domestic partners who meet the eligibility

requirements of the plans in question shall be eligible for

coverage.

4. Except as provided in (1) above, domestic partners are eligible

for continuing coverage through the Group Health and Dental

Benefit under the same provisions as the federal group

continuation law known as "COBRA" or other applicable law

upon termination of employment subject to the rules and

regulations of the plans in which the employee is enrolled.

21.6.6 Double coverage: Dependent family members of two employees who are married

are entitled to health plan coverage in one plan only; the married employees may

elect to join different health plans, but they are not entitled to coverage both as a

subscriber and dependent. In the Delta Dental plan each employee may be a

subscriber.

21.6.7 Open Enrollment: Annually, in the month of November, there will be an open

enrollment period for employees to change carriers effective December 1.

21.7 EMPLOYEE ASSISTANCE PROGRAM: The District will provide an Employee Assistance

Program for the employee and dependents as approved by mutual agreement of the parties.

21.8 CONTINUATION OF INSURANCE COVERAGE: It is agreed that District may, at its sole and

exclusive discretion and option, and without establishing practice or the setting of any

precedent, elect to provide continuation of District insurance programs for specific periods of

time to employees forced into unpaid leave status due to illness, accident or recovery therefrom.

21.9 PART-TIME (REGULAR AND/OR TEMPORARY), CATEGORICAL AND SABBATICAL

REPLACEMENT EMPLOYEES:

21.9.1 Part-Time Regular Employees. District shall maintain, in participation with

(tenured) part-time regular faculty, all insurance fringe benefits coverage on the

basis applicable to full-time participation in regard to premium payments.

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21.9.2 Part-time Temporary Employees. Part-time temporary unit members having

coverage, and who have maintained uninterrupted coverage from the 1977 fiscal

year, in the District health and dental insurance programs shall be allowed

continued coverage at their expense pursuant to carrier and District agreement.

Part-time temporary unit members shall be allowed to participate in tax-sheltered

programs in accordance with 21.2.

21.9.3 Categorical/Full-time Temporary Employees. District shall provide full-time tem-

porary faculty employed on an annual or semester basis on Faculty Salary

Schedule B-1, insurance fringe benefits of health, dental, salary continuance,

vision, EAP and life insurance as though regular full-time unit members.

21.9.4 Full-Time Sabbatical Leave Replacement Employees. District shall provide

temporary faculty employed for a full semester or year on Faculty Salary Schedule

B-1 to replace unit members on sabbatical leave fringe benefits as though regular

full-time unit members with carrier approval.

21.9.5 Part-Time Fringe Benefit: Part-time temporary unit members and their dependents

may qualify for health and/or dental benefits listed in Appendix F (vision excluded)

under the following conditions:

21.9.5.1 Faculty member must be employed in the current semester and have

averaged at least .3 FTE of a regular faculty member's load for the

previous academic year (fall and spring). There is no need to confirm

enrollment in order to continue receiving benefits. In order to

discontinue benefits, faculty members must complete an official

District deleting-coverage form found at the District website.

Otherwise, faculty members will continue on the plan, unless they no

longer meet eligibility requirements, in which case they will

automatically be dropped from the plan and will receive a COBRA

notice describing how they can continue their coverage through

COBRA. In this instance submitting an enrollment change form is not

necessary. District will notify all part time faculty that it is the

responsibility of the part time faculty member to drop health coverage

in the open enrollment notice.

21.9.5.1.1 In order to add or drop dependents, spouse, or

domestic partner, provider enrollment/change form must be submitted

to college human resources office. In order to drop dependents,

spouse or domestic partner, a certificate of divorce or legal

separation, dissolution of domestic partnership or proof of other

coverage must be submitted in addition to a District deleting coverage

form. In order to add dependents, spouse, or domestic partner, a copy

of a marriage license (spouse) or District Affidavit of Domestic

Partnerships (spouse), copies of birth certificates (dependent children)

are required for enrollment and must be attached to the enrollment

form when including a spouse or dependent child.

21.9.5.2 Approval of this arrangement by the carriers.

21.9.5.3 District shall contribute toward the premium cost of the health plan

based on the member’s average load for the previous academic year

(fall and spring) in three tiers as follows:

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30% load and greater – District shall contribute 40% of the premium

cost

40% load and greater – District shall contribute 50% of the premium

cost

60% load and greater – District shall contribute 75% of the premium

cost

21.9.5.4 The member’s average load for the prior academic year (fall and

spring) shall determine the District’s contribution toward the premium

for the entire fiscal year in which the member is otherwise eligible.

Payments shall be averaged over all months in which the member is

eligible and selects health benefits coverage..

21.9.5.5. Employee payment will be automatically made by payroll deduction,

unless net salary is insufficient or the employee prepays. The

employee may utilize the IRS Section 125 plan to make his/her

premium payments on a pre-tax basis. The District shall continue to

make its pro-rata premium contributions for the months of July,

August, and September and shall bill the member for their portion by

U.S. mail by June 1 for these months. Premium must be received in

advance of the District's payment due date.

21.9.5.6 Failure to pay premium terminates coverage and the individual cannot

be re-instated until the following year.

21.9.5.8 Part-time unit members in the open enrollment will submit provider

enrollment forms as directed in the open enrollment communication

from the District Office Human Resources. Open enrollment will be at

least two weeks at the start of each semester, providing the District

has notified eligible part-time faculty two weeks before the beginning

of open enrollment period via campus mail, e-mail, or other means of

communication. On or before February 8, the District will provide the

designated U.F. representative a list of the part-time enrollees, and

load data for only the enrollees for the previous spring and fall

semesters.

21.9.5.9 Part-time unit members who submit enrollment forms on or before the

designated deadline date in the Fall will have payment deductions

over a ten (10) month period, and those who submit enrollment forms

after the designated deadline date (but still during the open enrollment

period) will have payment deductions over a nine (9) month period.

Part-time unit members who submit enrollment forms on or before a

designated deadline date in the Spring will have payment deductions

over a five (5) month period, and those who submit enrollment forms

after the designated deadline date (but still during the open enrollment

period) will have payment deductions over a four (4) month period.

Coverage for those beginning participation in the fall will be effective

on September 1. Coverage for those beginning participation in the

spring will be effective February 1.

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21.9.5.10 The District agrees to negotiate and offer, if possible, a vision care

plan for part-time unit members. The plan will be modeled on the plan

available to full-time unit members. Eligibility, enrollment, and other

rules and requirements will be administered in the same manner as

those established for part-time health benefits. Participating unit

members will be responsible for 100% of the premium cost. Premium

deductions will be administered in the same manner as those for part-

time faculty health insurance. Other rules and requirements not

specifically outlined above will be administered in the same manner

as those for part-time faculty health insurance. The District agrees to

support and administer the plan as long as it is offered by the District’s

normal vision care provider.

21.10 RETIREE HEALTH AND DENTAL INSURANCE:

Retirees and Employees:

21.10.1 Existing Certificated Retirees and Certificated Employees With at Least Ten Years'

Service in the District Who Retired Prior to July 1, 1984: The District shall pay for

each retiree for fiscal year 1991-92 the maximum monthly premium amounts

established in Appendix F.3, based on carrier and coverage of enrollment. The

District contribution for Kaiser or Anthem Blue Cross health insurance and Delta

Dental Insurance is based on 100% of premium requirements for the retiree and

District payment of 90% of premium requirements for dependents.

21.10.2 Certificated Faculty Employees who Retire after July 1, 1984: The District shall pay

for each retiree for the year 1991-92 the maximum monthly premium amounts

established in Appendix F.4, based on coverage of enrollment. The premiums in

Appendix F.4 shall be adjusted by the percentage of carrier rate increases effective

July 1, 1988. The District contribution is based on 100% of premium requirements

for Kaiser health program and Delta Dental Service for the retiree and 50% of the

premium requirements for dependents.

21.10.2.1 This provision represents the District's sole obligation to post July 1,

1988 retirees. See Appendix H.

21.10.2.2 Beginning July 1, 2005, or the first month after faculty are permitted to

sign up for a 125 plan, whichever comes later, faculty will pay 6% of

the monthly cost of their medical and dental insurance. For part-time

faculty, the monthly cost means the net cost to the district after the

employee’s contribution.

21.10.2.3 Employees hired on or after July 1, 2005, and their dependents will be

eligible for District paid medical and dental benefits under the current

provisions until Medicare eligible. At that time, the retiree shall pay

50% of the district’s cost for health and dental benefits, and the

spouse may stay in the district’s plan by paying the district’s cost. The

District shall also permit current and future retirees to purchase

participation in VSP or EAP by paying for one or both at the premium

rate specified by the carrier for District retirees.

21.10.3 Certificated Faculty Employees' Eligibility. To participate in District premium

payments, the retiree must:

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21.10.3.1 Have attained fifty-five (55) years of age, and

21.10.3.2 Sum of Age and Years of District Experience must total 80.

21.10.3.3 Effective May 1, 1996, the District shall pay fifty percent (50%) of

the maximum premium amounts for the retiree and twenty-five

percent (25%) of the premium requirements for the dependents, for

retirees who meet the following eligibility requirements:

Eligibility Requirements:

1. have attained fifty-five (55) years of age, and

2. worked full-time in the District for a minimum of ten (10) years,

and

3. sum of age and full-time years in the District must total seventy

(70).

21.10.4 Other Insurance Provisions

21.10.4.1 Any employee who retires from the District on STRS or PERS

disability retirement shall have a waiver of minimum eligibility

requirements and shall receive District insurance contributions in the

same amounts as though regularly retired.

21.10.4.2 Upon the death of a retiree or active employee, a surviving spouse

and/or dependents, if any, shall continue to receive for a six (6)

month period from the date of death, District contributions toward

insurance coverage. After six (6) months the surviving spouse

and/or dependents may at their option remain in the insurance

program by paying full premium amounts required for the program

of enrollment to the District quarterly, in advance, provided the

participation is allowed by the carrier or by COBRA requirements.

21.10.4.3 District shall have prepared and provide each employee a brochure

summarizing District authorized benefits for retirees and employees.

21.10.4.4 District shall arrange for a knowledgeable consultant to provide

present and future retirees advice regarding STRS.

21.10.4.5 Health plans coverage and provisions are subject to approval by the

carriers. With approval of the carrier, the District shall allow retired

unit members not covered under Article 21.10.2 and 21.10.3 who

are age 55 and have served 15 years with the District, participation

in the medical plan at the retired member cost.

21.10.4.6 The District will also permit faculty to purchase post-retirement life

insurance if available.

21.10.4.7 Medicare Requirement: Retirees who become Medicare-eligible

(currently age 65) are required to enroll in a Medicare-coordinated

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plan to participate in District-sponsored medical benefits. Failure to

enroll in a Medicare-coordinated plan after receiving 30 days’ notice

from the District of this requirement shall result in termination of

retiree health benefits eligibility. Once a participant is terminated or

withdraws from District-sponsored benefits, reinstatement in District-

sponsored benefits shall not be permitted. All persons receiving

retiree health benefits must provide evidence to the District that they

have successfully enrolled in Medicare Part A or present

documentation why they are not eligible to enroll. For retirees

enrolled in District benefits, the District will reimburse Medicare Part

B for those retiring with Medicare Part A. If, at any time, either UF

or the District determines that District-sponsored Medicare-

coordinated plans become substantially inferior to comparable plans

offered to active employees, this article will automatically reopen.

For retirees enrolled in District benefits, to be eligible for

reimbursement for Medicare B, retirees must participate in a District-

sponsored Medicare Coordinated/Advantage program for the period

in which reimbursement is sought.

Retirees may request reimbursement for the previous calendar year.

Annually, in February, District will send a letter to retirees soliciting

appropriate paperwork and documentation to be reimbursed for

Medicare B. To be reimbursed for Medicare B, retirees must submit

appropriate paperwork and documentation by the end of the

calendar year in which retiree received District notification for

reimbursement for previous calendar year. Faculty may submit

requests for reimbursement annually or quarterly. Reimbursements

will be paid quarterly as long as allowed by plan administrator.

21.11 UNITED FACULTY SECRETARY: District agrees to endeavor to provide to the United Faculty

Secretary, subject to State law, carrier requirements and limitations, agreement with other

collective bargaining units (if any are affected), insurance programs given to District employees,

provided no expense for such coverage or participation is borne in any way by District. The

District shall also allow retired UF secretaries to remain enrolled in District benefit plans

provided no expense for such coverage or participation is borne in any way by the District.

21.12 PAYROLL DEDUCTION:

21.12.1 Employee premium contribution where required because of the employee's choice

of plans shall be paid by the unit member by payroll deduction one month in

advance. Retiree premium contribution where required shall be paid by the retiree

quarterly in advance.

21.12.2 Employee contributions shall be automatically increased where carrier premium

increases occur notwithstanding any deduction authorization amount then on file.

Where such automatic increase occurs, the employee shall be notified of the

increase by the District and shall be allowed thirty (30) calendar days after such

notification to notify the District if he/she desires to cancel further coverage. If

written notice to cancel is not received, District will consider the employee to

agreeing to continue such coverage.

21.13 PLAN AVAILABILITY:

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21.13.1 Upon initial employment of contract and regular employees and upon ratification of

the agreement, the District will notify each covered employee of his/her rights under

the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and under

Education Code §7000, et seq. "Health and Welfare Benefits."

21.13.2 The District shall maintain insurance plans by Kaiser, Anthem Blue Cross (HMO and

EPO), Delta Dental Service, Hartford, CIGNA, OHS and by Vision Service Plan as

provided in 2000-01. Any changes in plans or carriers shall be mutually agreed

upon.

21.14 CHILDCARE: The District and UF shall work together to facilitate access to on- or near-site

childcare for employees, at employee expense.

21.15 LIABILITY COVERAGE: District shall supply a statement regarding District liability coverage for

unit members.

21.16 ACTUARIAL STUDIES: The District and United Faculty shall mutually agree on the

assumptions used in any future actuarial study performed for the CCCCD.

21.17 CO-PAY REIMBURSEMENT: The District will set aside $50,000 annually to reimburse faculty

employees with District-paid benefits for copays. These funds will be used on a first-come, first-

served basis until the money is exhausted. Unused funds will not accumulate from year to year.

Co-pays eligible for reimbursement will be office, emergency room, and hospital visits, and

prescription drugs. To be eligible, an employee must have provided evidence to the District

showing that he/she has spent in excess of $500 in that fiscal year for copays. Percentage

copays, including out-of-network PPO, dental and vision copays, are not eligible for

reimbursement.

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ARTICLE 22

SAVINGS CLAUSE

22.1 SAVINGS CLAUSE: Should any portion of this Agreement, or any provision herein contained,

be rendered or declared invalid by reason of any existing of subsequently enacted legislation, or

by any decree of any court of competent jurisdiction, such invalidation of such portion of the

Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force

and effect.

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ARTICLE 23

ENTIRE AGREEMENT

23.1 ENTIRE AGREEMENT: This contract shall supersede any and all existing or prior verbal or

written rules, regulations, resolutions, and policy statements of the Board or management

and all existing and prior customs, practices and alleged past practices of the Board or

management in regard to the subject matter hereof which may be contrary or inconsistent

with the terms hereof. However, either party may cite any such verbal or written rules,

regulations, resolutions and policy statements of the Board or management and existing or

prior customs, practices, and alleged past practices in an attempt to explain or clarify the

provisions of this Agreement. This contract shall constitute the Board's entire policy with

regard to employees covered hereby insofar as concerns wages, hours, and other matters

which are the subject matter hereof. The adoption or institution of all past, existing and

future policies, procedures, practices and customs shall be exclusively within the discretion

of management, except to the extent that such action shall be contrary to the specific terms

of this contract.

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ARTICLE 24

NOT-FOR-CREDIT CONTRACT EDUCATION

24.1 EMPLOYMENT OF CONTRACT EDUCATION EMPLOYEE: The colleges will be able to

contract an individual to teach in the contract education program. Upon completion of the first

contract and prior to the beginning of a second contract this individual will become a non-dues

paying unit member.

24.2 COMPENSATION: Compensation will start at the average "C" contract rate for any individual

who is employed to teach a contract education not-for-credit offering. If an existing unit member

from one of the colleges has agreed to teach a contract education offering, he/she would be

compensated at the existing "C" or "A/C" contract rate. These not-for-credit activities are not

counted toward load.

24.3 SELECTION OF INSTRUCTORS: Instructors will be selected by contract education staff after

consultation and mutually agreeing with the department. For example, the department may give

the contract education staff permission to hire.

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ARTICLE 25

PART-TIME FACULTY STAFFING PREFERENCES

25.1 STAFFING PREFERENCE ELIGIBILITY INFORMATION: Part-time faculty become eligible for

staffing preference consideration after their seventh semester of teaching within a given

department (summer session does not count toward the awarding of staffing preference).

Faculty who wish to be considered for preference must submit an application upon completion

of their seventh semester teaching evaluations or qualifying evaluations within a given

department by the end of the second full week of classes for consideration in the next semester.

Eligible part-time faculty will be granted staffing preference if they meet the criteria described

under either of the groupings described below:

25.1.1 Faculty member has received a summary rating of “exceeds standards of performance”

on most recent evaluation if conducted prior to fall 2010, or “consistently high ratings” if

conducted fall 2010 and after.

25.1.2 Faculty member has received “meets standards of performance” or “satisfactory” level of

performance if the evaluation was conducted prior to fall 2010, or a summary rating of

“satisfactory performance” if the evaluation was conducted fall 2010 or after, with

average to high ratings in most areas, including the following rating totals (excluding

“NA”, not applicable):

• On the Classroom/Workplace Observation Form: majority of ratings are

“SA” (strongly agree) with no more than 1 “D” (disagree) for evaluations

conducted prior to fall 2010, or a majority of ratings are 5 or 4 with no

more than one 2 or 1 for evaluations conducted fall 2010 and after.

AND

• On the Student Evaluation Forms: the majority of ratings are “SA” in the

majority of categories with few “D” (disagree) ) for evaluations conducted

prior to fall 2010, or the majority of ratings are 5 or 4 with few ratings of 2

or 1 for evaluations conducted fall 2010 and after.

Evaluations shall be scheduled according the following schedule:

Semester 1

Semester 4

Semester 7 (a composite summary evaluation produced by at least two different

evaluators – see appendix X); and every sixth semester thereafter.

25.2 PROCESS FOR OBTAINING STAFFING PREFERENCE:

25.2.1 Part-time faculty members may submit applications any time after their seventh

semester of teaching. Retiring full-time faculty may submit applications at the time of

their retirement.

25.2.2 The eligible part-time faculty member submits an application for staffing preference to

the college HR personnel who attaches copies of the most recent evaluations and sends

the packet to the appropriate department chair.

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The department chair and division dean shall review eligible applicants to determine if

any of the disqualifying conditions preclude any applicant from receiving staffing

preference. The department chair may elect to include in this meeting a sub-area

representative who has been involved with coordinating the program. In the absence of

any disqualifying conditions, a faculty member meeting criteria in 25.1.1 or 25.1.2 will be

granted staffing preference.

25.2.3 The department chair and division dean shall review applicants under criteria #2 to

determine whether or not to grant staffing preference based on the evaluation criteria. If

the department chair and division dean cannot reach agreement about granting

preference for a faculty member, the department chair will convene a review team

consisting of the chair, dean and evaluators (or department designee if the evaluator is

not available) and a UF representative selected by the UF President. The review team

decides by consensus whether or not to grant preference to the applicant.

25.2.4 Applicants denied staffing preference have the right to appeal, using the process as

specified in the CCCCD UF Agreement, Article 8.1.1.4. However, the decision of the

dean and department chair or review team is not grievable.

25.2.5 Staffing Preference is granted until the faculty member no longer meets the criteria.

25.2.6 Retiring full-time faculty may apply for staffing preference following the semester that

they return to teach part-time after retirement. Retired full-time faculty will use their first

year teaching part-time for the establishment of their fall and spring modal loads. (Full-

time teaching does not count towards modal load.) Retirees will be evaluated as a part-

time faculty in their first semester teaching part-time, regardless of previous full-time

evaluations, and every 6

th

semester thereafter. Retirees never need to use the 7

th

-

semester format for evaluations.

25.2.7 The granting or denial of staffing preference shall be communicated in writing by the

dean or designee to the faculty member using Appendix PT-1.

25.3 DISQUALIFYING CONDITIONS: Regardless of eligibility, part-time faculty will not be awarded

staffing preference under any one of the following conditions:

25.3.1 faculty member has not submitted final grades for a class in a timely fashion (within 10

working days of the last day of instruction for the semester) within the previous four

semesters taught.

25.3.2 faculty member has not submitted census roster or positive daily attendance rosters by

the prescribed deadline on more than one occasion for a period encompassing the four

most recent teaching semesters and has been individually warned in writing by the dean

that a subsequent failure will result in disqualification. Appendix PT-2 may be used for

this purpose.

25.3.3 faculty member has been absent from class, lab, or assigned staffing hours without

proper notification to the division or instruction office on more than one occasion for a

period encompassing the four most recent teaching semesters.

25.3.4 faculty member has been the subject of persistent unresolved and substantiated student

complaints alleging violations of Education Code 87732. Student complaints must be

documented and handled according to the District’s student grievance procedures.

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25.3.5 the district has found the faculty member to have violated a specific section of Education

Code 87732.

25.3.6 faculty member has not taught or has declined all assignments offered for the previous

two teaching semesters, except under conditions covered under the CMFLA (California

Medical Family Leave Act).

25.3.7 Whenever possible, where a second violation of procedure or policy can result in

disqualification or loss of staffing preference, the Division Dean will issue a written

warning informing the faculty member that an incident is being considered a “first

offense” per Article 25.3 or 25.4. Appendix PT-2 may be used for this purpose.

25.3.8 The Evaluation Review Team (evaluator(s), chair and dean) may consider extenuating

circumstances for any of the above conditions.

25.4 LOSING STAFFING PREFERENCE:

A part-time faculty member who has attained staffing preference may lose preference through

any of the same “disqualifying factors” as described in Article 25.3, with the following

amendments and additions:

25.4.1 A faculty member who has not taught or has declined all assignments offered for the

previous two semesters, except under conditions covered under the CMFLA (California

Medical Family Leave Act) may lose preference.

25.4.2 Faculty losing staffing preference must be notified in writing by the dean or designee,

articulating the reason for loss of status. Appendix PT-3 may be used for this purpose.

Faculty who lose staffing preference for a disqualifying condition other than evaluation

scores may request a hearing with the Vice Chancellor of Human Resources or

designee to appeal the decision on procedural grounds.

25.4.3 If a faculty member working in multiple departments is disqualified from staffing

preference in one department, this does not automatically disqualify the member from

earning or keeping preference in a different department.

25.4.4 A faculty member who loses staffing preference for any reason or fails to qualify or re-

qualify for preference may reapply following standard procedures after his or her next

regularly scheduled evaluation (if still employed).

25.5 MAINTAINING STAFFING PREFERENCE: After having gained staffing preference, the faculty

member’s subsequent evaluations will meet the same standards as listed under eligibility.

Subsequent evaluations will occur on a 3 year (six semesters) rotation. A department or dean

may request that an evaluation be scheduled out of rotation for cause (pattern of student

complaints or not adhering to department standards, course outline, or administrative

obligations).

25.6 EXCEPTIONS TO GRANTING PREFERENCE RIGHTS: Staffing Preference is not available to

Coaches for Intercollegiate/Athletic classes associated with the intercollegiate Coaching

Contracts.

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25.7 STAFFING PREFERENCE BENEFITS FOR PART-TIME FACULTY:

25.7.1 Whenever possible, a faculty member with staffing preference must be offered his or her

historical modal load [most frequent load] taught within the past five (5) corresponding

semesters. If there is no modal load, then median load will be used. Part-time faculty

on variances over 67% will be considered to be at a 67% load for that semester in

regards to modal load history. Load will be tracked by Division Deans.

25.7.2 If it is not possible for a department to offer a part-time faculty member with staffing

preference his or her historical load, the member will be informed by the department in

writing using the form contained in Appendix PT-4. Copies will also be sent to the

Division Dean and to the United Faculty.

25.7.3 Part-time faculty may qualify for staffing preference in different departments, but

preference has to be attained independently and staffing preference cannot be

automatically transferred from one department to another.

25.7.4 Part-time faculty may qualify for staffing preference in different colleges. Such rights

have to be attained independently at the department level and cannot be transferred

from department to department (except by mutual agreement of the departments and

faculty member).

25.7.5 Part-time faculty with preference will submit to their department chair or designee a

Scheduling Preference Form (such as Appendix PT-5) every semester prior to staffing

for the next semester. The form will ask for scheduling preferences, including times and

dates, as well as whether the faculty member would like to increase his or her load (up

to the maximum of 67%) and what courses he/she is interested in teaching and qualified

to teach. Departments will take faculty preferences into consideration when staffing.

25.7.6 Part-time faculty members with preference have priority for long-term substitute positions

whenever possible.

25.7.7 Part-time staffing assignments shall be made in accordance with departmental

scheduling guidelines based upon the following base criteria in order of priority: contract,

regular, overload (AC), long-term substitute, categorically funded assignments, part-time

faculty with preference and part-time faculty without preference. Exceptions to this

staffing order can be made for curricular expertise necessary for the departmental

program. Departmental staffing guidelines and policies shall be made available to all

faculty members in the department.

25.7.8 Departments will address in their written guidelines what will be the process for

implementing part-time preference in scheduling (taking into consideration such things

as expertise, experience, seniority, rotation of offerings, first right of refusal to new

sections, increase of load as available, ability to teach new courses as qualified). The

United Faculty will provide departments with guidelines, suggestions and templates that

they may choose to use.

25.7.9 Part-time faculty with staffing preference may request a permanent parking sticker from

Police Services with proof of staffing preference.

25.8 REVIEW: This Article of the CCCCD UF and District Agreement shall be reviewed and

amended every two years or when significant changes occur either in the Ed Code or other

contractual procedures (such as, but not limited to, Evaluations).

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ARTICLE 26

DURATION

26.1 DURATION: The parties agree that the current contract including all side agreements and the

negotiated changes become the successor contract for 2017-18, 2018-19, and 2019-20, expiring

June 30, 2020..

26.2 REOPENING: During the 2019-20 fiscal year, the contract is subject to re-openers. The salary

schedule and the District’s contributions towards health benefit premiums, and up to two articles

each party designates will be reopened.

26.2.1 Should reopening occur and agreement not be reached during a period of forty-five

(45) calendar days from such opening, either party may submit an unresolved

dispute to the impasse procedures of the Public Employment Relations Board.

26.3 SUCCESSOR AGREEMENT: Negotiations for a Successor Agreement will begin not later than

sixty (60) calendar days from receipt of written demands and contract changes from the other

party.

26.3.1 Should agreement not be reached during a period of forty-five (45) calendar days

from the date of beginning of negotiations, either party may submit an unresolved

dispute to the impasse procedures of the Public Employment Relations Board.

26.4 In witness whereof, each of the parties affix their signatures hereto on this

_______________________.

FOR THE UNION FOR THE DISTRICT

______________________________

_________________________________

Donna Wapner, President United Faculty

Gene Huff, Vice Chancellor

Dated:_______________________ Dated:_______________________

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INDEX

Academic Senate Reassigned Time 34

Administrative Policies 3

Agency Shop 5

Benefits 83

125 Plan 84

Compensation for Alternate Coverage 84

Domestic Partners 85

Double Coverage 86

Employee Assistance Program 86

Full – Time Health and Dental 84

Open Enrollment 86

Part – Time Health and Dental 87

Retiree 88,H

Bereavement Leave 35

Board Policies 3

Budget – Faculty Participation 15

Budget Committee 8

Calendar 32

Cancellation of Scheduled Classes 28

Class Size 21

New Courses 21

CCC Class Maximums E

DVC Class Maximums E

LMC Class Maximums E

Classification of

Contract and Regular Faculty D1

Temporary (Part – Time) Faculty D2

Contract Education 94

Contract Review Committee (CRC) 9

Curriculum – Faculty Participation 17

Definitions 1

Departments 12

Department Chair Reassigned Time 33

Department Chair Responsibilities 13

Establishment/Abolishment 15

Disability/Salary Continuance 83

Divisions 12

Division Chairpersons 12

Documents Provided to United Faculty 4

Dues Deduction for United Faculty 5

Duration of Agreement 93

Early Retirement 49

Emeritus Faculty Program 49

Golden Handshake 52

Pre – Retirement Reduced Load 51

Educational Conference Leave 45

Effect of Agreement 2

Emeritus Teaching 49, G

Entire Agreement Clause 93

Evaluation 61, App X

Evaluation Compensation 81, J

Faculty Service Areas (FSA) 55

Facilities – Faculty Recommendations for Use 17

Faculty Responsibilities 22

Flexible Calendar 32

Golden Handshake 52

Grievance Form C

Grievance Procedure 64

Hiring – Faculty Participation 16

Pay for Summer Hiring 82

Holiday Pay 81

Individualized Faculty Programs 24

Industrial Accident and Illness Leave 41

Interviewing Team 16

Jury Duty 36

Leaves 35

Adoptions 46

Bereavement 35

Educational Conference 45

Family 46

General 35

Industrial Accident and Illness 41

Jury duty 36

Maternity 45

Military 45

Parental 45

Paternity 46

Personal Necessity 36

Religious 47

Sabbatical 36

Sick 43

Sick Leave Donation 45

Life Insurance 83

Load/Class Size 19

Instructional 19

Load Balancing 21

Load Banking 24

Non – Instructional 20

Underload 21, 24, 27

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Management Reassignment to Faculty 82

Management Rights 10

Management Teaching 29

Military Leave 45

Multiple Load Credit 22

Non – Credit Instruction 48, 94

Non – Discrimination 11

Office Hours 23

Overload Assignment Limit 30

Parking Permits 83

Part – Time Benefits 87

Pay – by – the – Course 81

Paydays and Pay Periods 80, 81

Payroll Deductions 81

Payroll Errors 80

Personnel Files 62

Pre – Retirement Reduced Load 51

Reassignment to Another College 55

Recognition 1

Recommendations, Rejection of 18

Reduced Load 53

Released Time 3

Bargaining Team 4

United Faculty Officers 3

Reopening Negotiations 98

Retraining 56

Sabbatical Leave 36

Salary 69

General Provisions 69

Holiday Pay 81

Paydays and Pay Periods 80

Payroll Deductions 81

Salary Schedule Rules and Regulations

Contract and Regular Faculty 69

Advancement on Schedule 72

Original Placement 70

Temporary (Part – Time) Faculty 78

Advancement of Schedule 78

Original Placement 78

Temporary (Substitute) Rates 80

Salary Schedules B-1 thru B-8

Savings Clause 92

Scheduling – Faculty Participation 15, 26

Sick Leave 43

Staff Development – Faculty Participation 17

Staffing Recommendations 17

STRS Cash Balance Plan for Part – Time Faculty 82

Substitute Pay 80

Tax – Sheltered Programs 83

125 Plan 84

403(b) 83

Transfer and Reassignment 54

Underload 21, 24, 27

United Faculty – Board Relations 3

United Faculty Secretary Benefits 90

Vision Care 83

Working Days 32

Working Environment 31

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APPENDIX A

FLEXIBLE CALENDAR

A. Local Planning Group

The Local Planning Group shall consist of equal representation from faculty and management.

All votes shall be secret ballot. Representation shall be as follows:

Contra Costa College: 8 managers and 8 faculty members

Diablo Valley College 10 managers and 10 faculty members

Los Medanos College: 6 managers and 6 faculty members

The Local Planning Group will develop recommendations to the college president for

implementing the provisions of Section 84890 of the Education Code. These recommendations

will include the number and types of activities and the staffing requirements to carry out the

plan. Proposals for activities outside of the annual plan shall be submitted to the Local Planning

Group on appropriate forms* for a recommendation.

No grievance may be filed in regard to any recommendation of the Local Planning Group

concerning approval of activities; however, if the decision of the president is different from the

recommendation of the committee, that decision may be grieved.

B. Activity Assignments

The assignment of specific individuals to regular flex activities will follow the same

department/sub-area guidelines used for scheduling procedures specified in the contract. The

need for an entire department/sub-area to staff a flex activity shall take priority over an individual

assignment.

C. Faculty Accountability

Upon the adoption by the president of the flexible activities schedule, each faculty member shall

file on an appropriate form* a description of the activity with the designated manager.

Upon completion of the flexible activity, a report will be forwarded on an appropriate form* to the

designated manager to verify compliance with the proposed activity.

If, in the opinion of the designated manager, a faculty member has failed to complete or fulfill

the flexible activity obligations, the report to that effect will be forwarded to the Local Planning

Group for a recommendation to the president.

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D. Flex Activities Appendix A

1. An Inter-college Coordinating Committee will be formed.

a. It will consist of:

- Chancellor as chair

- the college Presidents

- Staff Development coordinators from each college

- 2 representatives from each Local Planning Group: one a faculty member,

one a manager, to be chosen according to procedures developed by each LPG

for itself

- the district-wide flex coordinator

- additional member(s) as needed to assure that the Committee shall always be

equally balanced between management and faculty. An imbalance shall be

corrected by appointment from the LPG’s; which college LPG shall be

determined by the Chancellor for management and the UF President for faculty.

b. The duties of the Inter-college Coordinating Committee will be:

i. to identify the inter-college critical needs to be addressed on one flex day per

academic year, and to designate the date of that day during the day(s) in

January required for all faculty. Specific planning for the day will be carried

out by the LPG’s at each college.

ii. to designate one flex day per academic year on which no workshops or

college-wide activities will be held, to enable those subject areas which wish

to schedule inter-college area meetings to do so. Department meetings are

permitted. This day shall be scheduled during the four days in January

required for all faculty.

iii. publish the schedule of workshops.

iv. review the flex activity report to the state.

2. The remaining days will be available for college-wide, division and department, and

individual activities as designated or approved by the LPG’s according to their own

guidelines.

a. Faculty must request permission of the college LPG for any flex proposal which

would necessitate missing the inter-college day designated according to (D.1.b.i)

above, or the inter-college area meeting if they are in a subject area which

schedules such a meeting.

i. If the Chancellor does not agree with the college LPG’s recommendation, he

may request a meeting of the college LPG or its designated representative(s)

to express his concerns. After the discussion the college LPG may

reconsider, but in any case the Chancellor will accept the recommendation of

the college LPG.

* The United Faculty and the District shall mutually approve all forms.

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APPENDIX B-1 thru B-8

CONTRA COSTA COMMUNITY COLLEGE DISTRICT

Faculty Salary Schedule

The current faculty salary schedule (B-1 thru B-8) is posted on the District Human Resources website and can be

accessed by clicking on the following link:

2015-2016 http://www.4cd.edu/gb/policies_procedures/HR/SalarySchedules.pdf

Current Salary Schedules

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APPENDIX C

CONTRA COSTA COMMUNITY COLLEGE DISTRICT

STATEMENT OF GRIEVANCE

EMPLOYEE NAME

COLLEGE

DEPARTMENT

DATE OF ALLEGED GRIEVANCE

DATE OF INFORMAL DISCUSSION

WITH DEAN OR DESIGNEE

DATE OF ORAL RESPONSE

DATE OF FILING OF THIS STATEMENT

INVOLVED MANAGER(S) AND SPECIFIC ARTICLES AND SECTIONS ALLEGED TO HAVE

BEEN VIOLATED

EMPLOYEE’S STATEMENT OF ALLEGED VIOLATION AND GRIEVANCE. WHAT IS THE FACTUAL CONTENTION, WHAT HAS

OCCURRED? PROVIDE FULL FACTS NECESSARY TO SUPPORT YOUR POSITION.

STATE FULL RELIEF, REMEDY, ACTION, YOU BELIEVE IS REQUIRED TO RESOLVE THIS ALLEGED GRIEVANCE:

I. COLLEGE PRESIDENT OR DESIGNEE, RESPONSE TO ALLEGED

GRIEVANCE:

DATE OF RECEIPT:

DATE OF RESPONSE:

GRIEVANCE RESOLVED:

GRIEVANCED DENIED:

DATE OF GRIEVANT APPEAL:

GRIEVANT SIGNATURE:

II. CHANCELLOR/DESIGNEE, RESPONSE TO ALLEGED GRIEVANCE:

DATE OF RECEIPT:

DATE OF RESPONSE:

GRIEVANCE RESOLVED:

GRIEVANCE DENIED:

DATE OF GRIEVANT APPEAL:

GRIEVANT SIGNATURE:

WRITTEN NOTICE OF APPEAL TO A “FACT-FINDING PANEL” MUST BE FURNISHED WITHIN FIFTEEN (15) WORK DAYS TO THE

CHANCELLOR. DATE OF UNITED FACULTY NOTICE: __________________________________________

(OPTIONAL)

III. FACT-FINDING PANEL:

THE DECISION OF THE PANIS IS:

(IF APPLICABLE)

DATE OF HEARING:

DATE OF RESPONSE:

IV. BOARD OF TRUSTEES:

THE DECISION OF THE BOARD IS:

(IF APPLICABLE)

DATE OF RECEIPT:

DATE OF BOARD MEETING:

DATE OF DECISION:

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APPENDIX D-1

CLASSIFICATION OF CONTRACT & REGULAR FACULTY

Instructors, counselors, librarians, nurses and other academic employees employed on an annual basis by action

of the Governing Board of the Contra Costa Community College District shall be placed on the salary schedule

and assigned to one of the seven classes as follows:

CLASS I

Condition 1: Associate of Arts Degree plus six (6) years work experience in the field of the assigned discipline

(Vocational Education Only)

Condition 2: Bachelor’s Degree plus two (2) years work experience

Condition 3: Possess a valid Community College Credential (no longer issued)

Condition 4: Meet designated requirements for an equivalency in the assigned discipline

CLASS II

Condition 1: Associate of Arts Degree plus 9, 10 or 11 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 15 (fifteen) approved semester units of college grade beyond the degree

Condition VE: 15 (fifteen) approved semester units of college grade beyond a Class I placement**

CLASS III

Condition 1: Associate of Arts Degree plus 12, 13 or 14 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 30 (thirty) approved semester units of college grade beyond the degree.

Condition 3: Master’s Degree

Condition VE: 30 (thirty) approved semester units of college grade beyond a Class I placement**

CLASS IV

Condition 1: Associate of Arts Degree plus 15, 16 or 17 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 45 (forty-five) approved semester units of college grade beyond the

degree

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Condition 3: Master’s Degree plus (15) approved semester units of college grade beyond the degree.

Condition VE: 45 (forty-five) approved semester units of college grade beyond a Class I placement**

CLASS V

Condition 1: Associate of Arts Degree plus 18, 19 or 20 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 60 (sixty) approved semester units of college grade beyond the degree

Condition 3: Master’s Degree plus 30 (thirty) approved semester units of college grade beyond the degree.

Condition VE: 60 (sixty) approved semester units of college grade beyond a Class I placement**

CLASS VI

Condition 1: Associate of Arts Degree plus 21, 22 or 23 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 75 (seventy-five) approved semester units of college grade beyond the

degree

Condition 3: Master’s Degree plus 45 (forty-five) approved semester units of college grade beyond the degree

Condition VE: 75 (seventy-five) approved semester units of college grade beyond a Class I placement**

CLASS VII

Condition 1: Associate of Arts Degree plus 24 or more years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 90 (ninety) approved semester units of college grade the degree

Condition 3: Master’s Degree plus 60 (sixty) approved semester units of college grade beyond the degree

Condition 4: Doctorate

Condition VE: 90 (ninety) approved semester units of college grade beyond a Class I placement**

*Full-time work experience used to meet minimum qualifications in a vocational discipline will not be included in

salary step placement calculation. Condition 1 only applies for initial class placement at time of employment as a

regular faculty member.

**Condition VE is only for vocational education instructors and only for moving across the salary classes after

being initially employed as a regular faculty member.

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APPENDIX D-2

CLASSIFICATION & STEP PLACEMENT OF PART-TIME FACULTY

Instructors, counselors, or other academic employees employed on a temporary (part-time) basis shall be

assigned to one of the seven classes as follows:

CLASS I

Condition 1: Associate of Arts Degree plus six (6) years work experience in the field of the assigned discipline

(Vocational Education Only)

Condition 2: Bachelor’s Degree plus two (2) years work experience

Condition 3: Possess a valid Community College Credential (no longer issued)

Condition 4: Meet designated requirements for an equivalency in the assigned discipline

CLASS II

Condition 1: Associate of Arts Degree plus 9, 10 or 11 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 15 (fifteen) approved semester units of college grade beyond the degree

Condition VE: 15 (fifteen) approved semester units of college grade beyond a Class I placement**

CLASS III

Condition 1: Associate of Arts Degree plus 12, 13 or 14 years work experience in the field of the assigned

discipline (Vocation Education Only)*

Condition 2: Bachelor’s Degree plus 30 (thirty) approved semester units of college grade beyond the degree.

Condition 3: Master’s Degree

Condition VE: 30 (thirty) approved semester units of college grade beyond a Class I placement**

CLASS IV

Condition 1: Associate of Arts Degree plus 15, 16 or 17 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 45 (forty-five) approved semester units of college grade beyond the

degree

Condition 3: Master’s Degree plus (15) approved semester units of college grade beyond the degree

Condition VE: 45 (forty-five) approved semester units of college grade beyond a Class I placement**

CLASS V

Condition 1: Associate of Arts Degree plus 18, 19 or 20 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 60 (sixty) approved semester units of college grade beyond the degree

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Condition 3: Master’s Degree plus 30 (thirty) approved semester units of college grade beyond the degree

Condition VE: 60 (sixty) approved semester units of college grade beyond a Class I placement**

CLASS VI

Condition 1: Associate of Arts Degree plus 21, 22 or 23 years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 75 (seventy-five) approved semester units of college grade beyond the

degree

Condition 3: Master’s Degree plus 45 (forty-five) approved semester units of college grade beyond the degree

Condition VE: 75 (seventy-five) approved semester units of college grade beyond a Class I placement**

CLASS VII

Condition 1: Associate of Arts Degree plus 24 or more years work experience in the field of the assigned

discipline (Vocational Education Only)*

Condition 2: Bachelor’s Degree plus 90 (ninety) approved semester units of college grade the degree

Condition 3: Master’s Degree plus 60 (sixty) approved semester units of college grade beyond the degree

Condition 4: Doctorate

Condition VE: 90 (ninety) approved semester units of college grade beyond a Class I placement**

*Full-time work experience used to meet minimum qualifications in a vocational discipline will not be included in

salary step placement calculation. Condition 1 only applies for initial class placement at time of employment as a

temporary (part-time) faculty member.

**Condition VE is only for vocational education instructors and only for moving across the salary classes after

being initially employed as a temporary (part-time) faculty member.

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APPENDIX E

CLASS SIZE

Class size maximums are located in the Office of Instruction at each college.

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APPENDIX F-1

Health, Dental and Vision Benefit Rates for Active Regular

Managers, Classified and Academic Employees

The CCCCD health, dental and vision benefit rates for active regular managers, classified and

academic employees are posted on the District Human Resources website and can be accessed by

clicking on the following link:

http://www.4cd.edu/hr/benefits/docs/Active%20Employee%20Benefit%20Premium%20Rates%20Fiscal

%20Yr%202013-14.pdf

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Full-time Benefit Guide 2017

District Benefit Page

Full-time Rates 2017-2018

Part-time Open Enrollment Memo

Part-time Rates 2016-2017

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APPENDIX F-2

Health, Dental and Vision Benefit Rates for Retired Managers,

Classified and Academic Employees

The CCCCD health and dental benefit rates for retired managers, classified and academic employees

are posted on the District Human Resources website and can be accessed by clicking on the following

link:

http://www.4cd.edu/hr/benefits/docs/Premium%20Rates%20-%20Retirees%202013-2014.pdf

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Retiree Rates 2017-2018

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APPENDIX G

REQUEST FOR

FACULTY EARLY RETIREMENT TEACHING CONTRACT

(Ref. 14.1.10 of Collective Agreement)

Summary of Teaching Assignment Plan

Name _________________________________ Social Security No._______________________

College _______________________________ Date __________________________________

Department _____________________________ Birthdate _______________________________

Mo Day Year

Evaluation scheduled the following semesters: ______, ______.

INSTRUCTIONAL OR NON-INSTRUCTIONAL ASSIGNMENT

Dept. _________________________ Dept. __________________________

1

st

Yr. Fall – course _____________________ course _________________________

_________ Spring – course _________________ course _________________________

(Date) Total pay ______________________ other service ____________________

_________ Assignment Completed (Cannot Exceed STRS Maximum)

Dept. _________________________ Dept. __________________________

2

nd

Yr. Fall – course _____________________ course _________________________

_________ Spring – course _________________ course _________________________

(Date) Total pay ______________________ other service ____________________

Total pay 2 yrs __________________

TOTAL PAY FOR TWO YEARS CANNOT EXCEED ______________ (Two years STRS Max)

_________ Assignment Completed

Dept. _________________________ Dept. __________________________

3

rd

Yr. Fall – course _____________________ course _________________________

_________ Spring – course _________________ course _________________________

(Date) Total pay ______________________ other service ____________________

_________ Assignment Completed

Dept. _________________________ Dept. __________________________

4

th

Yr. Fall – course _____________________ course _________________________

_________ Spring – course _________________ course _________________________

(Date) Total pay ______________________ other service ____________________

Total pay 2 yrs __________________

TOTAL PAY FOR TWO YEARS CANNOT EXCEED ______________ (Two years STRS Max)

_________ Assignment Completed

Dept. _________________________ Dept. __________________________

5

th

Yr. Fall – course _____________________ course _________________________

_________ Spring – course _________________ course _________________________

(Date) Total pay ______________________ other service ____________________

TOTAL PAY CANNOT EXCEED __________________ (STRS Maximum)

_________ Assignment Completed

Employee ____________________________________ Date _______________________

College President ______________________________ Date _______________________

Chancellor ___________________________________ Date _______________________

Board Approval ________________________________ Date _______________________

Department Approval ____________________________ Date _______________________

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0

$ 0.00

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APPENDIX H

SIDE LETTER REGARDING POST-JULY 1, 1988 RETIREES

Side Letter Regarding Post-July 1, 1988 Retirees: This side letter represents the understandings

between the District and United Faculty with regard to the provisions of Section 21.10.2 (the prior

21.10A2). The District’s contribution towards retiree health and welfare premiums is based upon the

Kaiser and dental plan rates as specified in Section 21.10.2. The parties recognize that carriers, plans

and coverages available for retirees may change in the future. Retirees will be allowed access to plans

subject to carrier approval that may be available in those future years. For example, in the event that in

some future year some of the current carriers are changed, the District does not have an obligation to

somehow replicate the coverage provided by a lost carrier. Similarly, from time to time coverages can

change, and the parties understand that the District’s obligation does not include maintenance of a

particular coverage that was available when the retiree left the District.

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APPENDIX I

The Sick Leave Donation form is posted on the District Human Resources website and can be

accessed by clicking on the following link:

http://www.4cd.net/hr/benefits/docs/Sick%20Leave%20Donation.pdf

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APPENDIX J

The CCCCD Faculty Evaluation Stipend form is posted on the District Human Resources website and

can be accessed by clicking on the following link:

http://www.4cd.net/hr/guidelines/Appendix%20J.pdf

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Evaluation Stipend Form

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APPENDIX K

The Affidavit of Domestic Partnership is posted on the District Human Resources website and can be

accessed by clicking on the following link:

http://www.4cd.net/hr/benefits/docs/Domestic%20Partner%20Definition.pdf

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APPENDIX L-1

Contra Costa Community College District Faculty Service Area Assignment Documentation

Name ____________________________ Check One: □ New Employee

College ____________________________ □ Current Employee adding

an FSA

Bases for Determining FSA Assignment

Minimum Qualifications Discipline Satisfied Via:

_____________________________________________________________________

Competency For Discipline Satisfied Via:

□ Has taught at least one semester/quarter credit course during two different semesters/quarters at an

accredited college/university in the discipline of the FSA; or has performed the duties at least 20% of the

hours per week indicated for a full load in assignments described in Article 7 of the District/United Faculty

Agreement.

□ Has completed the equivalent of 15 semester units of upper division and/or graduate level course work in

the discipline.

□ Possesses a valid credential in a specific subject matter; i.e., is eligible to teach those subjects listed on

the credential or in the "GUIDE TO SUBJECT MATTER AREAS FOR COMMUNITY COLLEGE

CREDENTIALS," September 1974 (or subsequent revision), and any certificate or license required in the

discipline.

□ In a vocational area has the combination of degree and work experience as stipulated in the Disciplines

List, and submits evidence of occupational proficiency based upon at least two years of recent work

experience, calculated either consecutively or cumulatively, which is directly related to the occupation to

be taught or upon evidence of equivalent proficiency.

FSA Assignment: _________________________________________________________________

College Review Team:

______________________________________________ ____________________________

Signature Date

______________________________________________ ____________________________

Signature Date

______________________________________________ ____________________________

Signature Date

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DISTRICT OFFICE USE

□ Governing Board Approval Date:

□ Notification to faculty Date:

□ PFSA Screen Verified Date:

□ Copy of PFSA Screen and 4cd-154 form to Personnel File Date:

4cd-154 (Rev. 2/92)

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APPENDIX L-2

CONTRA COSTA COMMUNITY COLLEGE DISTRICT

Credential Information

REQUEST TO GOVERNING BOARD TO ADD A MINOR FIELD

Type or Print

Name: ______________________________________________________________________________

Last First Initial

Social Security Number: __________________________ Minor: __________________________

Department: _________________________________________________________________________

College(s): __________________________________________________________________________

Type of credential: ____________________________________________________________________

Expiration date: ______________________________________________________________________

Majors (subject matter) listed on credential:

____________________________________________________________________________

Limitations specified on credential:

____________________________________________________________________________

Minors listed on credential (asterisk those added by Contra Costa Community College District Governing Board):

____________________________________________________________________________

Restrictions to minor:

□ Requires annual Governing Board approval

□ Other: ______________________________________________________________

_______________________________________________________________

Courses used in Request to Governing Board to Add a Minor Field to Credential (see reverse side of page)

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(24 units, of which at least 12 are upper division or graduate)

Institution

Date

Completed

Course Number and Title

Units

LD. U.D.-Grad.

_________________________ ________________

College FSA Review Team or Date

_________________________ ________________

President/Dean Date

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APPENDIX L-3

The Guide to Subject Matter Areas for California Community College Credentials can be found on the

Academic Senate website for California Community Colleges by clicking on the link below:

http://extranet.cccco.edu/Portals/1/AA/MinQuals/MinimumQualificationsHandbook2012_2014.pdf

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APPENDIX M

TENTATIVE AGREEMENT (DATE)

Prior-Year Tentative Agreements may be found on the CCCCD Website under “Human Resources.”

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APPENDIX P

PROFESSIONAL ACTIVITIES REPORT

Name:

Department: Email:

College: Date:

Semester Covered by PAR:

Please outline your professional goals and priorities outside the classroom for the coming semester

(excluding those activities directly connected to your classroom assignment). Please include your

plans for contributing to the work of your department and college. Before completing this form, please

check with your department chair to find out the needs and priorities of your department.

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APPENDIX PT-1

NOTIFICATION OF STAFFING PREFERENCE DECISION

Department: _________________________ College __________________ Date: ______________

Dear ____________________________________________________:

(Faculty Member)

In response to your application for staffing preference, this letter is to inform you that your most recent faculty

evaluations have been reviewed by your department chair and division dean, in keeping with Article 25.2.2 of the

United Faculty/CCCCD Contract, to determine your eligibility for part-time staffing preference. The results of that

review are listed below.

☐ You have qualified for staffing preference, per Article 25 of the UF/CCCCD Contract. Your rights and

responsibilities are outlined in Article 25. Of particular note, you must complete and return to your

department chair a staffing preference form (such as Appendix PT-5) by the deadline established by your

department. This obligates your department to offer you your historical load (modal load), if possible,

every semester, so long as you retain staffing preference. Your modal load will be communicated to you

during the next scheduling cycle. For details, refer to Article 25.

☐ Your most recent evaluations do not qualify you for staffing preference at this time. You may reapply

for staffing preference following your next regularly scheduled evaluation.

☐ You do not qualify for staffing preference due to the following disqualifying condition:

☐ You have not submitted final grades for a class in a timely fashion (within 10 working days of the

last day of instruction for the semester) within the previous four semesters taught.

☐ You have not submitted census roster or positive daily attendance rosters by the prescribed

deadline on more than one occasion for a period encompassing the four most recent teaching

semesters.

☐ You have been absent from class, lab, or assigned staffing hours without proper notification or

justification to the division or instruction office on more than one occasion for a period

encompassing the four most recent teaching semesters

having received a warning for at least one absence.

☐ You have been the subject of persistent unresolved and substantiated student complaints

alleging violations of Education Code 87732.

☐ The District has found you to have violated a specific section of Education Code 87732.

☐ You have not taught or have declined all assignments offered for the previous two teaching

semesters (not including absences covered under the CMFLA).

After the seventh semester of teaching in a department, all faculty may apply (or reapply) for staffing preference

following every regularly scheduled evaluation. If you have questions about the process, the decision

communicated by this form, or your appeal rights under the contract, please contact your United Faculty

representative.

___________________________________ _____________________________________________

Department Chair Division Dean

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APPENDIX PT-2

WARNING LETTER REGARDING RISK OF LOSING STAFFING

PREFERENCE

Department: _____________________ College: ____________________________ Date: ________________

Dear _____________________________________________________:

(Faculty member)

This letter is to inform you that you are at risk of losing staffing preference per Article 25.4 of the UF/CCCCD

Contract. The specific reason(s) for this warning is (are) listed below.

☐ You have not submitted census rosters or positive daily attendance rosters by the prescribed

deadline during a period encompassing the four most recent teaching semesters. A second

failure to submit rosters on time will result in your losing staffing preference.

☐ You have been absent from class, lab, or assigned staffing hours without proper notification or

justification to the division or instruction office during a period encompassing the four most recent

teaching semesters. A second absence without proper notification will result in your losing

staffing preference.

☐ You have not taught or have declined all assignments offered for the previous teaching semesters

(not including absences covered under the CMFLA). If you decline teaching assignments for the

next semester, you will lose staffing preference.

☐ You are at risk of losing staffing preference due to another disqualifying condition, per Article

25.4. The specific reason is:

After the seventh semester of teaching in a department, all faculty may apply (or reapply) for staffing preference

following every regularly scheduled evaluation. If you have questions about the process, the decision

communicated by this form, or your appeal rights under the contract, please contact your United Faculty

representative.

__________________________________________ ______________________________

Department Chair Division Dean

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APPENDIX PT-3

NOTIFICATION OF LOSS OF STAFFING PREFERENCE

Date: _________________________________________

Dear _____________________________________________:

(Faculty Member)

You are hereby notified that you have lost staffing preference in the following department:

________________________________________ _______________________________

Department Name College

The reason for your loss of preference status is listed below:

☐ You have not submitted final grades for a class in a timely fashion (within 10 working days of the

last day of instruction for the semester) within the previous four semesters taught.

☐ You have not submitted census rosters or positive daily attendance rosters by the prescribed

deadline on more than one occasion for a period encompassing the four most recent teaching

semesters.

☐ You have been absent from class, lab, or assigned staffing hours without proper notification or

justification to the division or instruction office on more than one occasion for a period

encompassing the four most recent teaching semesters.

☐ You have been the subject of persistent unresolved and substantiated student complaints

alleging violations of Education Code 87732.

☐ The District has found you to have violated a specific section of Education Code 87732.

☐ You have not taught or have declined all assignments offered for the previous two teaching

semesters (not including absences covered under the CMFLA).

You have the right to request a hearing, per Article 25.4.2 of the UF/CCCCD Contract, to appeal this decision on

procedural grounds. After the seventh semester of teaching in a department, all faculty may apply (or reapply) for

staffing preference following every regularly scheduled evaluation. If you have questions about the process, the

decision communicated by this form, or your appeal rights under the contract, please contact your United Faculty

representative.

_______________________________________ ___________________________________________

Department Chair Division Dean

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APPENDIX PT-4

DEPARTMENT UNABLE TO OFFER HISTORICAL LOAD FORM

Dear Faculty Member:

This letter is to inform you that the ____________________________________________________ Department

at ______________ College, in which you have staffing preference, is unable to offer you your full historical load

for the upcoming semester: ________________________________.

Fall/Spring, Year

According to our records, your historical load (modal load or median load, per Article 25 of the UF/CCCCD

Contract) is

__________________________________________________________________________________________.

However, the Department is only able to offer you the following schedule/load for the coming semester:

☐ We have verified that no part-time faculty without staffing preference have been offered

load that should have been offered to you, per Article 25 of the UF/CCCCD Contract.

The Department hopes to be able to return you to your historical load in the future. If you have questions about

the information communicated by this form or want to review your rights under the contract, please contact your

United Faculty representative.

CC: United Faculty of CCCD; Division Dean or Office of Instruction

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APPENDIX PT-5

PART-TIME FACULTY STAFFING PREFERENCE FORM

DATE: _______________________

If you are interested in an adjunct assignment, please complete this form and return it to your department chair

prior to the deadline established by your department, per Article 25.7.6 of the UF/CCCCD Contract. Please note

that in the fall and spring semesters, all hourly assignments are limited to 67% of a full-time load district-wide.

Thank you for your interest. Not turning in this form does not change modal load or preference.

Name: __________________________________ Department and College:

Scheduling for the up-coming Semester: Fall Spring Year: ________________

☐ I am requesting the same schedule I had last fall/spring.

☐ I am requesting a change in my schedule.

☐ I would like to add a class or increase my load if there is an opportunity.

Preferred schedule for next semester:

Teaching Assignments for Last Two Semesters (not counting summer):

Fall (year: ________________): ______________________________________________________________

_________________________________________________________________________________________

Spring (year: ________________): _____________________________________________________________

_________________________________________________________________________________________

Modal Load (if known): ___________________________________

Courses I have taught in the Department previously:

__________________________________________________________________________________________

Additional courses for which I am qualified and would like to teach:

__________________________________________________________________________________________

SUMMER:

Are you available and interested in an assignment in the summer session? Yes No

If yes, are you available for assignments on nights or on Saturdays? Yes No

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