Fillable TA'd by the Parties 3/27/2020 MEMORANDUM OF UNDERSTANDING (Merced College)

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TA'd by the Parties 3/27/2020 MEMORANDUM OF UNDERSTANDING (Merced College)

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1
005111.00070
26947115.1
MEMORANDUM OF UNDERSTANDING
Between
MERCED COMMUNTIY COLLEGE DISTRICT
And
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION
And Its
CHAPTER #274
CORONAVIRUS RESPONSE
This memorandum is agreed between Merced Community College District (“District”) and the
California School Employees Association and its Chapter 274 (together “CSEA”) concerning the
District’s response to the coronavirus (COVID-19) pandemic.
The District and CSEA recognize the importance of maintaining safe facilities and operations,
for the benefit of the students and communities served by the District and its faculty and staff.
We recognize the importance of prudent measures to prevent District employees, students, their
families, or other people using District facilities from being exposed to or infected with
coronavirus. We agree that continuity of District operations should be maintained, and provisions
should be made for District employees who are impacted by the pandemic.
To these ends, the District and CSEA agree as follows:
1) The District will inform CSEA as soon as practicable should it learn of a confirmed or
likely coronavirus infection of District employees or related to the District facilities. It is
understood that privacy rights under HIPPA and FERPA will be maintained.
2) The District will provide information to its employees on public health measures,
hygiene, and sanitation to help prevent the spread of the virus and will ensure that its
facilities have the necessary supplies for preventive sanitation measures (such as soap and
water, disposable towels or tissues, and hand sanitizer) to the extent that such supplies are
available. CSEA will cooperate with the District in any necessary public health actions
including, but not limited to, those actions recommended by the federal, state and local
departments of public health.
3) In the event a CSEA bargaining-unit employee is exposed to coronavirus or is taken ill
with coronavirus, sick leave policies will be liberally construed to encourage the unit
member not to infect others by coming to work. Similarly, those unit members with
medical proof of susceptibility to the virus, shall be granted leave as liberally and
lawfully possible when consistent with the District’s operational needs. CSEA will notify
its members of the District’s commitment but shall not encourage its members to take
leave unless there is an actual medical reason. The District may request medical
verification of the unit member’s illness consistent with the applicable collective
bargaining agreement.
TA'd by the Parties 3/27/2020
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4) From the effective date of this Memorandum of Understanding until March 31, 2020, all
sick leave related to COVID-19 shall be governed and administered pursuant to the
Parties’ Collective Bargaining Agreement. Beginning on April 1, 2020, the District shall
provide for sick leave as required by the federal Families First Coronavirus Response Act
(HR 6201), including any subsequent amendments to HR 6201. Eligible leave related to
COVID-19 under the Act shall be utilized before the use of any other sick leave provided
for by the collective bargaining agreement. The Parties agree that the District is not
obligated to renegotiate this Memorandum of Understanding based on any amendments
to HR 6201 or other state or federal legislation addressing COVID-19 related leave and
instead agree that the District shall implement COVID-19 related leave consistent with
state and federal law. The District agrees to inform CSEA of any changes to the
application of sick leave due to changes in state and federal law as soon as practicable
following the implementation of any such changes.
5) Employees belonging to populations deemed by the State as uniquely vulnerable to the
effects of the virus shall be allowed to self-quarantine and work-from-home or remain
on-call, where appropriate to the scope of work of the unit member’s position, at no loss
to individual leaves or pay.
6) The parties understand that the District shall have the sole and exclusive right to
determine whether the District’s campuses are closed, maintained as open, or reopened
after closure. It shall also have the sole and exclusive right to determine the extent of any
on-campus operations. This paragraph is a restatement of existing authority and is not
subject to negotiation.
7) In the event any District facility must be closed, or any District operations are curtailed
due to the coronavirus pandemic, CSEA bargaining-unit employees will not suffer any
loss of pay or benefits relative to their regular schedules for the period of closure or
curtailment.
Employees who are not ill and are able to continue working remotely or who remain on-
call will not be required to use paid sick leave or any other form of paid time off during
such an eventuality. Employees who are ill or caring for a child whose school is closed
due to COVID-19 and unable to work remotely or on-campus as directed shall utilize
appropriate leave pursuant to Paragraph 4 of this Memorandum of Understanding.
Employees who are not ill and refuse to perform work without reasonable justification
shall be subject to discipline up to and including dismissal. The determination of
“reasonable justification” shall be made by the District in its sole discretion. Any
employee discipline under this paragraph is subject to Article 34 of the Collective
Bargaining Agreement.
8) During any District closure or curtailment of operations, the District may require some
unit members determined to be essential to its continued operations to remain onsite and
perform their regular work assignment or work outside of their regular work assignment
pursuant to Government Code § 3100. Other unit members not required to remain at
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26947115.1
work shall work from home under a District agreement and/or remain on-call and subject
to direction by the District during their normal scheduled work day.
9) For purposes of this Memorandum of Understanding, “on-call” means to be available
during normal working hours to perform remote work or on-campus work as assigned.
The Parties agree that “work-from-home,” “remote working,” or “on-call” as used in this
Memorandum of Understanding does not constitute “Standby Time, Minimum Call-in
Time and Call-back Time” as provided in Article 28 of the Collective Bargaining
Agreement and that unit members are not entitled to any additional compensation for
performing their normal duties, or being available to perform their normal duties, during
normal working hours.
10) The parties agree that nothing herein limits the District’s authority to exercise its
emergency powers as established by law, the applicable collective bargaining contract,
board policies, and administrative regulations.
11) CSEA will support efforts to maintain funding pursuant to Education Code § 66700,
70901 and 70901.5 in connection with the closure of any District facilities due to
COVID-19 pandemic.
12) The District may need to add additional instructional days to this school year or next
year. Should additional work days or other measures be sought by the District, the parties
agree to meet and negotiate concerning the implementation for any affected employees.
13) The District shall make reasonable efforts to accommodate requests by employees who
are parents to deal with a childcare provider or school emergency caused by the COVID-
19-related closure in conformity with Labor Code section 230.8.
14) This Memorandum of Understanding shall not be precedent setting nor form any basis to
establish a past practice.
15) This Memorandum of Understanding is effective upon execution through July 31, 2020.
In the event that the COVID-19 pandemic or related emergency situation continues
beyond July 31, 2020, the parties agree that the Memorandum of Understanding will
automatically extend for additional 30-day increments, absent a mutual request by the
Parties for the terms of the Memorandum of Understanding to be renegotiated.
16) The Parties agree to sign this Memorandum of Understanding electronically and it shall
have the same force and effect as if it were executed with a physical signature.
4
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26947115.1
Dated: By:
For District
Dated: By:
Dated: By:
For California School Employees Association
3/30/2020
3/27/2020
4/9/2020 - Approved via CSEA emergency 610 process
Christopher H
Vitelli
Digitally signed by Christopher H
Vitelli
Date: 2020.03.30 14:17:40 -07'00'
Angelica T
Campos
Digitally signed by Angelica T
Campos
Date: 2020.03.27 14:40:05 -07'00'
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TA'd by the Parties 3272020 MEMORANDUM OF UNDERSTANDING (Merced College)

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Completed 25 July 2020

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