AGREEMENT

Between

Coast Community College District

and the

Coast Federation of Classified Employees 

PREAMBLE

This Agreement is made and entered into this 5th day of August, 1998, by and between the Coast Community College District (hereinafter referred to as "District"), and the Coast Federation of Classified Employees/American Federation of Teachers, AFL/CIO, Local 4794 (hereinafter referred to as the "Federation").

The purpose of this Agreement is to promote the improvement of employer-employee relations, provide an equitable and amicable procedure for the resolution of disputes, and set forth the rights and duties of the respective parties to insure the continuance of fair, impartial and nondiscriminatory application of District rules and procedures to all employees.

If there is any conflict between any specific provision(s) of this Agreement and District policies, past practices, or rules, the specific provision(s) of this Agreement shall prevail.

ARTICLE 1.  RECOGNITION.

1.1   Unit Recognition.

The Board of Trustees of the Coast Community College District recognizes the Coast Federation of Classified Employees, Local 4794, as the sole and exclusive bargaining agent for all classified employees as certified by PERB Unit Determination #LA-R-797A, except those as designated as management, supervisory, confidential, and those classified employees who are members of the exclusive bargaining unit represented by the International Photographers of the Motion Picture Industries, Local 659 of the International Alliance of Theatrical Stage Employees. The District agrees to negotiate exclusively with the Federation through the provisions of the Educational Employment Relations Act.

1.2 Unit Determination.

All classified employees as described in Section 1.1 shall be part of this Agreement for the purpose of unit determination. The District will notify the Federation of any new positions or current positions which are retitled and will be part of the unit. The District will meet and confer with the Federation on any new or retitled classified positions to be placed outside the unit. The Federation will notify the District, in writing, if it disagrees with the District's determination. Cases which cannot be otherwise resolved will be appealed to the Public Employment Relations Board.

2.1  Right of Access. The District agrees that designated Federation officials will have access to bargaining unit employees. The Federation agrees not to interfere with the employees' normal duties and further agrees to contact the employees only during breaks and before or after normal working hours, except in unusual circumstances. The Federation agrees to keep the District advised in writing of designated officials.

2.2 Bulletin Boards. The Federation shall have access to the use of one-third (1/3) of the space of the official bulletin board designated at each District facility for posting notices of its activities. The appropriate space as set forth above will be identified as Coast Federation of Classified Employees-Local 4794. Any notice posted pursuant to this section shall be signed and dated by an officer of the Federation.

B. Mailboxes. Each bargaining unit member shall have a designated mailbox centrally located at the employee work site.

B. Secured Offices. The Federation shall have secured offices at Orange Coast College and Golden West College, the locations to be mutually agreed upon by the District and Federation. The same furniture provided the faculty offices and telephone service will be provided. The Federation will pay for toll calls made from the office telephones. These offices shall be the sole office space provided to CFCE/AFT Local 4794. The District agrees to make available at Coastline Community College Center, at reasonable times, private office space for the use of the Federation in meeting with members of the bargaining unit.

2.5  Distribution of Contract. The District shall provide each employee of the bargaining unit with one (1) copy of this Agreement and any addendum(s) and shall, additionally, provide each new hire, subsequent to the effective date of this Agreement, one (1) copy of this Agreement and any addendum(s). Contracts and addendum(s) will be distributed within thirty (30) days of ratification.

B. Classified In-Service Training. The Federation and the District shall mutually agree on location, day, time and topic for classified in-service training. The training will be offered twice a day, once per semester, at each college during normal working hours not to exceed ninety (90) minutes. Employees covered by this Agreement shall be released to attend one of these in-service training sessions per semester.

B. Paid Leave. The District shall grant, upon written notice from the classified President of the Federation, a total of thirty (30) days of paid leave per year for bargaining unit employees to attend to Federation business. Upon request of the Federation, the District shall grant a paid leave each fiscal year to the classified President of the Federation and one (1)additional full-time equivalent employee (2.0 FTE total), to be determined by the Federation, to pursue Federation business. Such request shall be submitted at least thirty (30) days in advance of the date the leave begins.

F. List of Bargaining Unit. Within ten (10) working days of ratification of this Agreement, the District will provide the Federation with a listing of all classified names and home addresses. Any change to the list will be provided to the Federation on a monthly basis.

D. The Campuses and the District shall supply the Federation with a list of all established committees by October 1 of each year.

2.12 Contracting Out. The District shall notify the Federation of each contract for services exceeding $15,000. The District's intent is not to contract out any work which will displace existing employees/positions, or to avoid granting of reasonable number of overtime hours. If the Campus/District is considering utilizing outside services which may displace employees/positions, the Campus/District and the Federation shall discuss, in good faith, all issues and consider alternatives prior to the District making a final recommendation. CFCE will have the opportunity to bargain over the effects on employees/positions as a result of the adoption of the recommendation. It is further understood that all discussions will be held in an atmosphere of open disclosure, professionalism and in a timely manner.

A. A District Committee of three (3) members appointed by the Federation and three (3) members appointed by the District shall be established to develop recommendations regarding the use of Video Display Terminals/Personal Computers. These recommendations may include, but are not limited to the use of Video Display Terminals/Personal Computers and peripheral equipment, furniture, lighting, noise, maintenance, training and issues of ergonomics.

A. Attempt of Resolution. Before filing a formal grievance, the grievant shall attempt to resolve the grievance by an informal conference with his/her immediate supervisor.

B. Grievance Forms. Grievance forms shall be mutually agreed upon by the District and the Federation and will be made available to bargaining unit employees by the Federation.

ARTICLE 7.  EMPLOYEE STATUS.

7.1  Persons covered by this contract, i.e., classified employees:

A. Full-time Employees. Employees regularly scheduled to work the hours set forth in Article 14, Section 14.1 (Work Schedule & Workday).

B. Part-time Employees. Employees regularly scheduled to work less than the full-time schedule (Article 14, Section 14.1), but at least twenty (20) hours per week.

C. Part-time Hourly Employees. Employees regularly scheduled to work less than twenty (20) hours per week.

D. Persons who exceed hour limitations of Short-term Employees. Short-term employees who exceed the day limitations of short-term employees as defined in Section 7.2E.

7.2  Persons not covered by  this contract. All employees not falling within one of the above definitions, including:

A. Substitutes. A substitute is a person hired, with or without advertisement, on an hourly basis, to take the place of a bargaining unit employee who is ill or on leave of absence. Said person shall not occupy a substitute classification for more than fifty percent (50%) of the fiscal year (26 weeks) except when the person, whose job is temporarily being filled, continues to be ill or absent. The first two weeks of a substitute assignment will count towards the short-term employee's maximum time limit. (See Section 7.2E).

B. Apprentices as defined by the Code.

C. Professional experts as defined by the Code.

D. Students performing student assistant work as defined by the Code. For purposes of this section, the term "student" should be defined as a person who is eligible for the college work study program, enrolled in the work experience education program, or enrolled in twelve (12) or more units.

E. Short -Term Employees. A short-term employee is a person working less that one hundred sixty (160) duty days per fiscal year. A short-term employee may not work in a dual role as a student assistant.

7.3 Limitation on Student Assistants. A student may not engage in student assistant work as defined by the Code for more than eighty-five (85) hours per month, except during vacation periods. Use of a single or combination of student assistants shall not be for more than thirty (30) hours per week to displace or replace a full-time classified position.

7.4  Probationary Period.

A. A new employee shall serve a probationary period of six (6) full working months subject to dismissal at any time during this period. The work performance and efficiency of the employee will be appraised on the prescribed District form by the employee's immediate supervisor at the end of the third (3rd) and fifth (5th) months.

B. At the fifth (5th) month appraisal, the employee will be recommended for either regular status and salary step raise, if applicable, or for termination. Should the immediate supervisor fail to recommend the employee for regular status prior to the employee's six (6) month anniversary, the employee will automatically pass into regular status and receive a salary step raise, if applicable.

C. Should the supervisor recommend termination after having missed the due dates for the third (3rd) and/or fifth (5th) month evaluations, the employee shall receive an automatic three months' extension of probation. The due dates shall be considered to be missed if the employee conference is not held within ten (10) working days of the third (3rd) and fifth (5th) month anniversary dates.

D. Should the immediate supervisor or the employee believe an extension of probation would be beneficial, such extension may be requested in writing prior to the completion of an employee's probationary period. An extension, not to exceed three (3) months, shall require agreement between the employee involved and the District, with notification to the Federation.

7.5 Part-time Employees. The campuses/district will make reasonable efforts to post opportunities for additional assignments. Qualified part-time employees, covered by this contract, interested in additional work assignments in the same or similar position classifications, will be responsible to make their intent known to the responsible manager posting the assignment. Employees who work twenty (20) or more hours but less than forty (40) hours per week will be limited to the campus/district site assigned. The District reserves the right of assignment and complete discretion for any additional hours assignment(s).

7.6  Reemployment.

A. If a permanent employee terminates and returns to the District within thirty-nine (39) months, all former time in classifications held will be counted for seniority purposes.

B. When a permanent employee returns to the District, within thirty-nine (39) months, the employee shall have restored all the rights, benefits, and burdens in the classification to which reinstated or reemployed.

ARTICLE 8. UNIFORMS.

8.1 Uniforms.

A. District Requirement. The District shall purchase uniforms for the employee when the District requires the uniform to be worn by the employee.

B. District Approval. The uniforms supplied shall include the items listed below. Each item shall be approved by the District as to style, color, quality and insignia.

1. Up to five (5) shirts per year.

2. One (1) jacket for employee whose work requires outdoor duty.

3. Raincoat, overalls, smock, lab coat, apron, other specialized clothing, etc., when required by the District.

4. Trousers/shorts when required by the District for safety or appearance.

5. Full-time security personnel shall be provided one pair of shoes per year.

C. Uniform Maintenance. The maintenance of uniforms is the responsibility of the employee. Replacement of lost or damaged garments will be the responsibility of the employee except in cases where the loss or damage is the direct result of work-related activities.

D. Advisory Committee. Each District entity--Orange Coast College, Golden West College, Coastline Community College, District and KOCE--may form an advisory committee with equal representation from each group of employees who are required to wear uniforms. Such committees shall make their advisory recommendations to the designated College administrator for submission to the District for final approval.

ARTICLE 9.  EMPLOYEE PERSONNEL FILES.

9.1  Official File.

A. The official personnel file of each employee shall be maintained at the Office of Human Resources. Complimentary items shall be forwarded as soon as possible.

B. No adverse action of any kind shall be taken against an employee based upon materials which have not been forwarded to the Office of Human Resources for inclusion in the employee's personnel file or materials contained in the file that are more than two (2) years old. Adverse materials shall be forwarded to the Office of Human Resources within a reasonable period of time in order to be included in the employee's file.

C. Derogatory material placed in a personnel file shall be destroyed upon the request of a bargaining unit member when such material is more than two (2) years old. The two-year period does not preclude the employee and the Vice Chancellor for Human Resources from agreeing to remove any material in the personnel file at any time. The review of any employee's personnel file by any administrator, manager, or supervisor must be approved by the Vice Chancellor of Human Resources or designee.

C. All Employees. At the request of the employee or when either the supervisor or employee moves to another location.

10.7 Alleged violation(s) of the appraisal process is subject to the grievance process.

ARTICLE 11.  VACANCIES, TRANSFERS AND PROMOTIONS.

11.1  Job Vacancy.

A. Posting. When a job vacancy occurs or a new job is created, notice shall be posted and distributed at appropriate in-house locations including officially designated bulletin boards for a minimum period of ten (10) working days. A copy of the notice shall be sent to the Federation. The notice shall include job description, qualifications required, classification and wages.

B. Application. An employee may apply for any announced vacancy. An in-house applicant must satisfy the minimum qualifications announced for the position. Employees may submit an updated resume with the application.

C. Interview. In-house applicants who are deemed by the screening committee to meet the minimum qualifications required for interview for the position shall be interviewed for each vacancy. Following interviews, the committee will make recommendations for selection of an applicant.

D. Selection. In the event that the in-house applicant is not offered the position, the reason(s) for the denial will be provided in writing at the request of the employee. The District will permit the Federation to conduct a presentation during the new employee orientation.

F. Hiring Policy Committee. The District and Federation shall form an ad hoc hiring practice/policy committee to review and make recommendation(s) to improve the District's classified employee hiring procedures. The committee will consist of an equal number of District appointed and Federation appointed representatives. The committee will also review hiring procedures for short-term employees.

11.2  Definitions.

A. Transfer. A transfer is a move from an employee's present position to a new position.

1. Voluntary -- initiated by the classified employee who is seeking a transfer or initiated by the District with the freely given consent of the classified employee to be transferred. The District agrees to respond t o all written voluntary transfer requests within thirty (30) days.

2. Involuntary -- initiated by the District without the consent of the classified employee to be transferred. The District agrees to give five (5) working days notice of such transfers, except in the case of an emergency. Such transfers will not be made in an arbitrary, capricious or discriminatory manner. When requested in writing by the unit member being transferred, the reason for the involuntary transfer shall be provided in writing.

B. Lateral Classification Change. A lateral classification change is a move from an employee's present position to a position in the same range but into a different classification.

C. Voluntary Classification Reduction. A voluntary classification reduction is a voluntary move from a classification held by an employee to another classification at a lower salary range.

D. Promotion. A promotional move is a change from one classification to another classification at a higher salary range.

E. Reclassification. A reclassification is a change in an employee's classification as a result of a change of duties in the same position over a period of time. (See Article 12.)

F. Reorganizational Reassignment. A change in classification initiated by the District, except in cases of layoff which are governed by Article 13.

11.3  Probationary Status in Vacancies, Transfers and Promotions.

A. Probation Requirement.

B. Exceptions.

1. Reassignments. Employees reassigned to a former classification in which they have held permanency shall not be required to serve a new probationary period.

2. Transfer and Voluntary Classification Reduction. A supervisor may waive the probation period if the employee has previously served a probation period with the same qualification requirements. During a hiring freeze, the probation period shall be waived in the event of an administrative transfer or classification reduction.

3. Failure to Complete Probation. In the event a regular classified employee accepts a promotion, or lateral or voluntary classification change and does not complete the probation, the District will place the employee in their previous permanent classification, or in an open position most nearly like the position previously held. This position may be a temporary position, until an open position becomes available at a salary no lower than the previous permanent classification held.

11.4  Salary Placement.

A. Step Placement.

B. Promotion and Reorganizational Reassignment.

1. An employee who makes a promotional move shall be placed upon the appropriate salary range at a step assuring a minimum of one (1) step plus one (1) range increase in salary. If an employee, prior to promotion, would have received an annual increment within the next six-(6) month period had the employee not been promoted, placement on the new step shall insure at least a one (1) step plus one (1) range salary increase beyond the regular annual increment increase. If the step placement using this method is lower than would have been recommended if the employee were not on staff, administration may recommend salary placement as if the employee were an outside candidate. The final determination for salary placement rests with the Vice Chancellor for Human Resources.

2. Salary step placement for an employee who is subject to a reorganizational reassignment shall be carried out as appropriate under Section 11.4A, with the following provisions:

(a) Reassignment to a lower class will be governed by Article 13, Sections 13.5 and 13.6.

(b) Reassignment to a lateral class will include the reemployment rights of Article 13, Section 13.5.

C. Salary Advancement. The employee's effective date of salary advancement will remain the same as established in the previous assignment if the same step placement is used. If a new step placement is used or the employee is placed at the salary closest to her/his previous classification, the employee will advance annually on the salary schedule unless she/he is placed on step 01. (Step 01 provides for an advance after six (6) months.) If an employee is eligible to receive an annual increment within the next six-(6) month period, placement on the next step shall insure at least a one (1) step plus one (1) range increase in salary.

ARTICLE 12.  RECLASSIFICATION.

A District wide committee consisting of ten (10) members will be professionally trained by a mutually agreed upon classification consultant to periodically review positions in the classified service in regard to the kind and level of service administratively assigned. The Committee will continue to establish and/or designate appropriate classifications, to reclassify existing classifications, to redesign responsibilities within the organization, and to assign a classification to a position within the District's classification structure. Further, the Committee will make recommendations regarding titles, job specifications and ranges for newly created positions, as well as review any requests for added responsibilities or removal of responsibilities to existing job specifications. A representative of the Office of Human Resources shall serve as clerical support to the Committee.

12.1  Reclassification. (See Article 11, Section 11.2E) A request for reclassification of the current position may be submitted by the employee to the District's Office of Human Resources during the window period specified below. The Office of Human Resources shall provide the forms to the employee upon request.

12.2 Reclassification Schedule.

12.3 Reclassification Process

A. Reclassification Committee

1. A Districtwide Reclassification Committee shall be established to act on employee requests for reclassification and recommend modification, approval or disapproval of all reclassification requests. Findings and recommendations of this Committee shall be forwarded to the Vice Chancellor for Human Resources for consideration and recommendation. The Reclassification Committee shall be constituted by the Vice Chancellor for Human Resources who will appoint five (5) members and five (5) members will be appointed by the President of the Federation. The first Committee shall be established by lot for one (1) to five (5) years. An employee requesting reclassification shall be notified of the meeting at which his/her reclassification is to be reviewed. The employee may attend the meeting to make a personal presentation and release time will be granted. The reclassification committee will recommend procedures to the Vice Chancellor for Human Resources on how the committee will operate.

2. If the Vice Chancellor for Human Resources disagrees with the Districtwide Reclassification Committee, a response, in writing, to the Committee will be submitted stating the reasons.

(a) If a reclassification request is not approved, the Committee may recommend out of class pay. The out of class period and range must be identified and validation be made that the individual actually performed duties beyond their current job classification.

(b) If the recommended reclassification from the Committee is not approved due to fiscal or organizational reasons, the recommendation will be returned to the Committee for review of any out of class pay as in 2 (a) above.

3. If modifications are made to a job specification, all members in that classification shall receive a revised job class specification, which will be provided by the Office of Human Resources.

B. Appeal Process.

1. In the event that an employee requesting reclassification disagrees with the recommendation of the Districtwide Committee or the Vice Chancellor for Human Resources, the following procedure will be followed:

(a) The employee will have five (5) working days following receipt of the recommendation to appeal to the Vice Chancellor for Human Resources. The President of the CFCE or his or her designee shall be in attendance at the time Vice Chancellor for Human Resources meets with the employee. All written and verbal information will be available for review and discussion by the President of CFCE or his or her designee and the Vice Chancellor for Human Resources. Observations and information provided by the President will be considered in the decision making process. The appellant may have the assistance of a Federation representative. The employee may attend the meeting to make a personal presentation and released time will be granted. If the appellant is a member of the Office of Human Resources staff, the appeal will be conducted by the Vice Chancellor of Administrative Services or designee.

(b) Within fifteen (15) working days of receiving the appeal, the Vice Chancellor for Human Resources will make a final determination and send a written response to the appellant. The decision of the Vice Chancellor for Human Resources shall be final.

(c) If a recommended position reclassification request is denied, the Vice Chancellor of Human Resources shall return the recommendation to the Committee to recommend any appropriate out of class pay. The out of class period and range must be identified and validation be made that the individual actually performed duties beyond their current job classification.

12.4 Reclassification or Reassignment as a result of Reorganization.

A. An employee may be reassigned to another position at a higher salary range or equal as a result of reorganization. The reassignment will be in accordance with the procedures relative to promotion as outlined in Article 11.

B. If an employee is reassigned to a position at a lower range, she/he shall be Y-rated. The employee shall be given recall rights to a vacant position in her/his former classification.

C. If reorganization results in the displacement of an employee, the District recognizes the employee's permanence in his or her former classification, or in an eligible classification, and will place the employee in a vacant position if one exists. (See Article 11, Section 11.3B.3)

13.1  Layoff and Reemployment. Should layoffs be required, the District shall in every way possible preserve the rights of the individual employee.

13.2  Definitions.

A. Classification. A term which defines those positions in the classified service according to an officially designated title.

B. Exclusions. The following categories of employment are excluded from seniority rights:

1. Probationary.

2. Non-regular employees (see Article 7, Section 7.2).

C. Equal Class (Lateral Class). The same salary range on the current salary schedule.

D. Higher Class. A higher salary range on the current salary schedule.

E. Lower Class. A lower salary range on the current salary schedule.

F. Layoff. The cessation of an employee's regular classified assignment or any reduction in hours that is other than the changes made as part of disciplinary action. (See Section 13.5)

G. Displacement Rights (Bumping). The right to displace or bump into a current, lateral or lower classification in which permanency has been attained is based on seniority. Seniority in a lower classification shall be computed on the basis of hours of paid service in the higher classification(s) plus hours of paid service in the lower classification(s) including hours worked while in a probationary status. When an employee's position is eliminated or the employee is displaced, the employee has the right to bump only into classification(s) currently or previously held. The employee will first bump into the current classification(s) and then into lateral classification(s) previously held. If the employee is then displaced from the lateral classification(s), the employee has the right to bump into the next lower classification(s) previously held.

H. Assignment to a Vacant Position. An employee who is qualified may be assigned by the District to a vacant position if the employee is unable to exercise any rights under Section 13.2G of this Article. The following conditions shall prevail:

1. The District shall determine which positions are vacant.

2. The District shall determine the employee's qualifications to be assigned to a vacant position in lieu of layoff.

3. An employee assigned to a vacant position shall serve a new probationary period.

(a) If the employee successfully completes the probationary period, the employee will be permanent in the new classification, but will not have waived the thirty-nine (39) month recall right to the former classification.

(b) An employee who is terminated during the probationary period is deemed to be on layoff. The time served in the probationary period will be subtracted from the thirty-nine (39) months to which the employee was originally entitled.

4. Assignment to a vacant position will be offered only once at the time of layoff notice. An employee will be considered for the recall rights, under subsection 13.5A.2 during the thirty-(30) day notice period.

5. No grievance may be filed as a result of any action taken under Section 13.2H of this Agreement.

I. Seniority. Seniority, subsequent to July 1, 1971, shall be determined by hours in paid status, excluding overtime, in assigned classification(s).

J. Reemployment. Reemployment is a provision whereby an employee who has been laid off or has voluntarily accepted demotion or reduction in hours has preferential rights to employment in vacant positions in classification(s) previously held, based on seniority.

K. Seniority - Reclassification. When the District acts to reclassify, and as a result, two (2) or more classifications are merged or titles are changed and a previous classification is abolished, the seniority of regular employees who are reclassified will be computed from the date of earliest entrance into the abolished classification(s). When a portion of the position(s) within the classification is reclassified, seniority in the new classification begins at the time of employment in the new classification.

13.3  Notice of Layoff and Reemployment:  Written Notice. The District will make every reasonable effort to notify an employee of a potential layoff as soon as possible. Not less than thirty (30) days prior to the effective date of layoff, the District shall provide written notice to the employee, informing her/him of displacement rights, if any, and reemployment rights. Such notice shall specify the reason(s) and identify the employee by name, classification, and work location.

A. An employee who is on duty shall be notified by delivery of a written notice of layoff. The thirty-(30) day notice period will begin on the date the employee gives a statement verifying receipt of the written notice of layoff.

B. Employees who are on a leave of absence, vacation, industrial accident leave, or sick leave shall be notified of layoff by certified mail.

1. The first day of the thirty-(30) day period shall be the next succeeding calendar day following the date of delivery or attempted delivery of the notice by certified mail.

2. The notice of layoff shall be sent to the most recent address on file with the Office of Human Resources. It shall be the responsibility of the employee to keep the Office of Human Resources informed on how and where the employee may be contacted.

3. Should the certified letter be returned after attempted delivery has been made, it shall be deemed that the employee has been notified of layoff and the layoff shall be effective as of the end of the specified thirty-(30) day period.

13.4  Order of Layoff. Regular classified employees shall be subject to layoff only for lack of work or lack of funds. An employee whose position is being eliminated, whose schedule is being reduced, or who is being displaced, may elect layoff or may elect to become a candidate for reassignment to another position according to the following guidelines:

A. Layoff Option.

1. Within five (5) working days following written receipt of notice of the elimination of a position, reduction of schedule, or displacement, the employee shall notify the Office of Human Resources, of her/his choice of layoff or reassignment. The day of notice is not counted as one of the five (5) days. Employees who have been notified and are on duty shall respond in writing to the Office of Human Resources before 5:00 p.m. of the fifth (5th) working day.

2. Employees who are on a leave of absence, vacation, industrial accident leave, or sick leave shall have fifteen (15) calendar days from the date of notice, or until 5:00 p.m. on the day of return to duty, whichever is sooner, to inform the Office of Human Resources of this decision.

3. In all cases the employee shall have at least five (5) working days beyond the date of delivery or attempted delivery of the notice by certified mail.

4. It is the responsibility of the employee to keep the Office of Human Resources informed of how and where the employee may be contacted.

5. Should an employee fail to respond in writing to the Office of Human Resources within the designated time constraints, it shall be presumed the employee has elected layoff.

B. Reassignment to Another Position.

1. The employee shall be reassigned to a position in the following sequence. Should person(s) in the position(s) first described below have more seniority than the candidate for reassignment, that candidate shall be reassigned to position(s) described consecutively in this Section. Should all persons in positions described in this Section have more seniority than the candidate for reassignment, that candidate would be laid off except as provided in Section 13.2H.

(a) Current Classification. A position in the employee's current classification.

(b) Lateral Classification. A position in a lateral classification previously held.

(c) Lower Classification. A position in a lower classification previously held.

2. Employees reassigned under this Section will be placed in positions as defined in Sections 13.4B.1. (a), 1. (b), and 1. (c), above, whose incumbents have least seniority, which have:

(a) Same proportion of full- or part-time (hours per day) and same proportion of contract months per year;

(b) Same proportion of full- or part-time (hours per day) but fewer contract months per year;

(c) Same proportion of full- or part-time (hours per day) but more contract months per year;

(d) Different proportion of full- or part-time hours and same contract months;

(1) Fewer hours per day to a minimum of fifty percent (50%) assignment;

(2) More hours per day to a maximum of a one hundred percent (100%) assignment;

(e) Different proportion of full- or part-time hours and different proportion of contract months. Consideration of hours is to be handled as in preceding Section 13.4B.2.(d).

(1) Fewer contract months;

(2) More contract months.

13.5  Reemployment Rights.

A. Recall Rights.

1. A classified employee laid off because of lack of work or lack of funds is eligible for re-employment for a period of thirty-nine (39) months and shall be reemployed in preference to new applicants, without further qualifying examination, as a regular employee in a position in the former classification or lateral classification or as a regular employee in the next lower classifications in which the employee formerly had regular status. Individuals on the recall list shall be considered to have an employment relationship with the District.

2. If an employee is laid off as a result of a general cutback or reduction in force, she/he has the right to be recalled to any position for which she/he is qualified. Qualification standards for any position shall be determined by the District. An arbitrator may not set aside the decision of the District as to a particular qualification standard in any particular case, so long as the standard is reasonably related to the job requirements and it was not used in bad faith to discriminate against the grievant. Nor shall the fact that different standards apply in each college, or by department, be grounds for the arbitrator to set the standard aside or to conclude that discrimination or bad faith has occurred.

B. Employees who take voluntary reductions in assigned time in lieu of layoff shall be recalled to positions in their class with increased assigned time in order of seniority. Such employees who take voluntary reductions shall have an additional twenty-four (24) months available for recall to positions in their classification in addition to the thirty-nine (39) month period covered in A.1 above.

C. Reemployment Offer. An employee shall be offered reemployment in the same sequence as outlined in Section 13.4B of this Article.

D. Recall Procedure.

1. The Office of Human Resources shall notify an employee in a layoff status of a request to return to work, using certified mail. Certified letters will be forwarded to the last address provided to the District by the employee. It shall be the responsibility of the employee to keep the District informed of the latest mailing address.

2. The employee shall have up to ten (10) calendar days from the postmarked date of the notice to accept or decline the position being offered. Failure to reply within ten (10) calendar days will be considered a refusal. When an employee has declined two (2) offers of reemployment in the same classification from which laid off, with the same proportion of full- or part-time and same proportion of contract months, the employee shall have relinquished all reemployment rights. The employee shall have the right to decline three (3) offers of reemployment to positions other than in the same classification from which laid off with the same proportion of full- or part-time and the same proportion of contract months, until they have declined two (2) offers as per the prior sentence.

3. If the employee in a layoff status accepts the position being offered, the employee shall have up to fifteen (15) calendar days from the postmarked date of the notice to report for work. This does not preclude an employee from returning to work in fewer than fifteen (15) calendar days. Should the employee fail to report back to work within fifteen (15) calendar days, all reemployment rights are relinquished.

4. Should compliance with the fifteen (15) day requirement be precluded by circumstances beyond the control of the employee, reasonable extension of time may be granted by mutual agreement between the District and the employee.

13.8  Seniority Roster. The District shall maintain a seniority roster for all regular classified employees. A copy of each updated list shall be sent to the Federation in October of each year.

13.9  Maintenance of Benefits after Layoff.

A. Maintenance of Benefits - Layoff. Employees who have one (1) or more years of continuous service with the District in a regular classified position and who are laid off shall have medical, dental, vision, and life insurance benefits continued at District expense at the rate of one (1) month for each continuous year of service up to a total of six (6) months. The aforementioned benefits will be continued at the same level as in force prior to the layoff.

B. Maintenance of Benefits - Reduced Assignment. Classified employees who have one (1) or more years of continuous service with the District, who accept reduction in assigned time that affects benefits, shall continue to participate for eleven (11) months following the month in which the reduction occurs, in the same program of medical, dental, vision, and life insurance benefits in force for active employees in their prior F.T.E. as provided in Article 20.

C. Maintenance of Benefits  -  Employee Option. Employees who are eligible for, and participating in, the insurance program at the time they are laid off, or at the time District paid benefits cease in accordance with Section 13.9A and Section 13.9B, above, have the option of retaining the insurance benefits at their own expense as long as they remain on the recall list and do not accept employment with another employer who provides such benefits.

13.10  Retirement in lieu of Layoff.

A. Retirement in lieu of Layoff. Regular employees with at least five (5) years of service credit under the Public Employees' Retirement System who are fifty (50) years of age or older, may elect to accept a service retirement in lieu of layoff, voluntary demotion, or reduction in assigned time. Such employees shall, prior to the effective date of the proposed layoff, complete and submit an application for retirement to the Public Employees Retirement System. Notification in writing shall also be forwarded through the supervisor to the Office of Human Resources.

B. Reinstatement from Retirement. Any person subject to layoff for lack of work or lack of funds electing service retirement shall be placed on an appropriate reemployment list. The District shall notify the Board of Administration of the Public Employees' Retirement System that the retirement was due to layoff for lack of work or lack of funds. If the employee is subsequently offered reemployment and accepts in writing the appropriate vacant position, the District shall maintain the vacancy until the Board of Administration of the Public Employees Retirement System has properly processed the employee's request for reinstatement from retirement.

14.3  Work Week. A regular work schedule shall consist of not more than five (5) consecutive working days for any employee having an average work day of four (4) hours or more during a work week. A regular work schedule of five (5) consecutive days may begin on any day of the week and at any hour of the day. Changes to employees' regular work schedule cannot be modified without first consulting with the employee.

14.4 Fluctuating Daily Schedule. 

A. Employees may have a fluctuating schedule due to the demands of the job. The supervisor will explain to the employee the need for the change in hours. The employee will receive at least forty-eight (48) calendar hours' notice prior to having the hours of the regular schedule changed after consultation between the employee and supervisor. The days of the work week may be changed with one (1) week's notice to the employee. A fluctuating schedule shall not be implemented to avoid the payment of overtime.

B. An employee on a fluctuating schedule whose regular schedule has been adjusted shall have a rest period of at least ten (10) hours between the end of the assignment on one day and the time scheduled to report on the next day. An employee receiving less than ten (10) hours will receive, in addition to any other compensation, the regular overtime rate for all time worked prior to the completion of the tenth (10th) hour from the end of the previous day's assignment. This provision shall not apply if the employee requests a short turnaround and the supervisor agrees.

C. This Section shall be applied only to those classes whose duties require fluctuations in daily working hours.

D. Interpreters for the deaf shall be excluded from provisions of this Section.

A. Day Shift. When over sixty percent (60%) of the time worked in a position falls between 8 a.m. and 5 p.m. the position shall be designated as a day shift position.

B. Swing Shift. When forty percent (40%) or more of the time worked in a position falls between 5 p.m. and midnight, the position shall be designated as a swing shift position.

C. Graveyard Shift. When forty percent (40%) or more of the time worked in a position falls between midnight and 8 a.m. the position shall be designated as a graveyard shift position.

D. Split Shift. When forty percent (40%) or more of the working days are broken by an interval of two (2) or more hours (without pay), the position shall be designated as a split shift position.

E. Weekend Shift. When forty percent (40%) or more of the time worked in a position falls between 12:01 a.m., Saturday, and 12:00 midnight Sunday, the position will be described as a weekend shift.

14.6 Shift Differential.

A. Shift differentials are as follows:

B. An employee whose regular assignment is on the swing, graveyard, weekend, or split shift, and who is temporarily assigned to another shift, will not lose the differential payment unless the temporary assignment is twenty-two (22) consecutive working days or longer. If a temporary schedule change results in a shift assignment that carries a differential, or a higher differential, for five (5) consecutive working days or longer, the employee will receive the higher differential for the total period.

C. An employee whose regular assignment is a combination of more than one of the shift differentials defined above will receive up to a maximum of ten (10) percent differential rate for the entire work assignment. Those employees who are hired prior to the execution of this contract shall not be effected by 14.6.C.

14.7 Lunch Periods.

A. Bargaining unit employees are guaranteed an uninterrupted lunch period. Lunch periods are sixty (60) minutes in length, except for flex schedules, but may, with the consent of the employee and the immediate supervisor, be thirty (30) minutes in length. No employee shall be required to work for a period of more than five (5) consecutive hours without a lunch period, except that when a work period of not more than six (6) hours will complete the day's work, the lunch break may be waived by mutual consent of the supervisor and the employee.

B. If an employee's lunch period is interrupted by the immediate supervisor or a person in higher authority, the employee is entitled to extend the lunch period that day by thirty (30) minutes in addition to the time spent carrying out the duties required.

14.14  Rest Periods. The authorized rest period shall be based on the total hours worked daily at the rate of fifteen (15) minutes per four (4) hours. Employee rest periods will be scheduled approximately in the middle of each work period. (In the case of the Four-Ten Plan, three (3) fifteen (15) minute rest periods shall be authorized.) Employees who work less than three and one-half (3-1/2) hours per day are not authorized the rest period. Time from unused rest periods may not be used to lengthen the lunch break or shorten the work day.

14.15  Reporting Time Pay.

A. Emergency Call Back. An employee called back to work after the completion of the regular assignment shall be reimbursed a minimum of three (3) hours pay at the employee's overtime rate. Any time worked in addition to the first three (3) hours shall be compensated at the regular overtime rate of actual time worked.

B. Emergency Call In. An employee called to work on an emergency basis on a day other than when the employee is regularly scheduled to report is guaranteed a minimum of three (3) hours pay at the overtime rate. In addition, the employee is guaranteed at the overtime rate two (2) additional hours of pay beyond any actual time worked after the first sixty (60) minutes. (1st example: an employee is called in, works thirty (30) minutes, receives three (3) hours pay. 2nd example: an employee is called in, works one (1) hour and thirty (30) minutes, receives three (3) hours and thirty (30) minutes pay. 3rd example: an employee is called in, works three (3) hours, receives five (5) hours pay.)

C. Standby Duty. There will be no standby duty for any bargaining unit