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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 8 Association Rights

8.1 No Reprisals

The Association and the Board agree that no reprisals shall be taken against any person who legally exercises rights guaranteed by law or this agreement, or who executes responsibilities imposed by law or this agreement.

8.2 Negotiations with Other Organizations

The Board and its authorized representatives agree not to negotiate with any other organizations or individuals, including the Academic Senate, upon matters for which ACE, AFT 6554 is the exclusive representative, on matters within the scope of bargaining. ACE, AFT 6554 agrees that neither it nor its authorized representatives shall negotiate privately or individually with any person or persons not officially designated by the Board as its official representative in matters upon which ACE, AFT 6554 is the exclusive representative within the scope of bargaining.

8.3 Use of Facilities

ACE, AFT 6554 shall have the right to use District facilities at reasonable times in accordance with the District regulations and procedures and State Civic Center Act provisions. Use of such facilities shall not interfere with or interrupt normal District operations. ACE, AFT 6554 agrees to leave facilities used in a clean and orderly condition or compensate the District for special janitorial/maintenance work required, at cost.

8.4

ACE, AFT 6554 Business and ACE, AFT 6554 Meetings

Business:

A reasonable number of duly authorized representatives of the Association may transact official business on campus property at times other than their scheduled duty assignments

Meetings:

No member shall be released from his/her assigned duties to attend ACE, AFT 6554 meetings without the District’s consent, specifically the college President, in advance, unless specifically provided for in some other provision of this agreement.

8.5 Notification

ACE, AFT 6554 shall provide in writing or electronically to the District, specifically the Associate Vice-Chancellor of Human Resources or designee, each semester, by September 15 and February 15, and updates as required, the names of the duly authorized ACE, AFT 6554 representatives.

8.6 Bulletin Boards/Mailboxes/E-Mail/Technology Resources

8.6.1  ACE, AFT 6554 shall have the right to use institutional bulletin boards and mailboxes at no charge subject to reasonable regulations and laws.

ACE, AFT 6554 shall have the right to use District technology resources, including computers, internet access, and e-mail at no charge, subject to reasonable regulations and laws.ACE shall be allowed to maintain a website on the District’s server at no charge.

ACE, AFT 6554 shall be allowed to maintain a website on the District’s server at no charge.

As specified in Education Code §7054, District funds, services, supplies or equipment including the aforementioned resources made available to ACE, AFT 6554 shall not be used for the purpose of urging the support or defeat of any public ballot measure or candidate.

8.6.2  All communications must be dated and contain ACE, AFT 6554 identification as the originator/distributor.

8.6.3  With advance approval by the College President to the ACE, AFT 6554 President, audio-visual equipment not being required for District use may be used on campus for ACE, AFT 6554 business. ACE, AFT 6554 shall assume any damage or repair costs.

8.7 Information to Association

8.7.1  Board Agenda

The District shall furnish the ACE, AFT 6554 President five (5) copies of all official Board minutes and five (5) copies of each agenda packet, excluding all confidential information or materials as defined by applicable law. Such materials shall be furnished to ACE, AFT 6554 no later than the time they are furnished to the Board.

8.7.2  Policies and Regulations

8.7.2.1  The District shall provide the ACE, AFT 6554 President a copy, simultaneous with distribution to management, of any changes, additions, alterations or deletions in order to maintain one (1) book of Board Policies and one (1) copy of Administrative Regulations.

8.7.2.2  Written materials governing conditions of employment of members of the unit, such as rules, procedures, guidelines, or work requirements that are distributed by the District or colleges to members or groups of members shall be provided to ACE, AFT 6554.

8.7.2.3  The District shall provide once annually, one month after the beginning of the Fall semester, a list of regular/contract members and home addresses on record with the District. The District shall provide the name and home address of any additional regular/contract members, whose employment commences after that date. The District shall provide once annually, six (6) weeks after the beginning of the Fall semester, a list of associate members and home addresses on record with the District. The District shall provide the name and home address of any additional associate members whose employment commences after that date. These listings may be transmitted in electronic form. Pursuant to Government Code Section 6254.3, a member (regular, contract or associate) may request in writing that his/her address and telephone number be removed from any mailing list unless exclusively needed by the District to contact the member. ACE, AFT 6554 agrees that it shall indemnify and hold the District harmless from any liability from any and all claims, demands, lawsuits or other actions arising from implementation or compliance with the terms of this section by the District. (Government Code Sec 3546 (e) (f).

8.7.2.4  Upon request, ACE, AFT 6554 shall be provided with one (1) copy of materials and data which is made available to the public, without charge. Requests for more than one (1) copy, or requests for materials or data in formats not usually issued, shall be charged to ACE, AFT 6554 in an amount not to exceed costs.

8.7.2.5  At the time of submission to the Board, the District shall provide to the ACE, AFT 6554 Budget Analyst one hard copy each and to the ACE, AFT 6554 Secretary one electronic copy, if available, each of CCAF-311, CCAF311Q, CCAF-320, and CCFS-350A. The District shall make available all financial data system reports from which the data is taken.

8.7.2.6  Other budget/study data prepared by the District for general usage may be made available upon request to and approval by the Chancellor or designee.

8.7.2.7  By September 30 of each Academic Year, the District shall provide the ACE, AFT 6554 secretary with an electronic copy of the District Position Control file; the ACE, AFT 6554 secretary shall notify the Associate Vice-Chancellor of Human Resources of any discrepancies between the District Position Control File and the ACE, AFT 6554 job descriptions; the Associate Vice-Chancellor of Human Resources shall make the changes required to comply with the provisions of this agreement within 30 days of notification and shall provide the ACE, AFT 6554 secretary with an amended electronic copy of the District Position Control File.

8.8 Association/District Consultation

Parties agree relationships may be facilitated by consultation meetings. Either party may request a consultation meeting where they believe a resolution of a problem or problems may be feasible. The party requesting such a meeting shall, in writing, submit an agenda to allow understanding of the problem to be discussed, and the date, time and place requested. The receiving party shall, within three (3) workdays, notify of agreement or non-agreement to such a meeting. Such meeting shall not be unreasonably denied. All meetings shall be held during ACE, AFT 6554 attendees’ non-duty hours. Neither party shall have more than three (3) representatives at any such meeting unless mutually agreed to prior to the meeting. It is agreed these meetings are not to be used or intended to bypass the grievance procedure and shall not constitute any invitation to re-negotiate any provision of this agreement.

8.9 ACE Released/Reassigned Time

8.9.1  Released/Reassigned Time to Attend Negotiations
Whenever possible, negotiation meetings shall be arranged outside the scheduled assignments of all ACE, AFT 6554 negotiation team members; when necessary a maximum of five (5) members shall be released from their regular work duties, with no loss of pay or benefits, to attend negotiation meetings with the District.

8.9.2  Released/Reassigned Time for Grievances Processing
The ACE, AFT 6554 grievance officers, if not classroom instructors, shall be released from regular work duties with no loss of pay or benefits to accompany a grievant to present a grievance. Whenever possible, meetings shall be arranged outside the scheduled assignment of all parties.

8.9.3  Released/Reassigned Time and Reimbursement
TThe District shall provide .80 FTEF of total released/reassigned time in each semester (1.60 FTEF per academic year) for negotiations at no cost to ACE, AFT 6554. ACE, AFT 6554 may purchase additional released/reassigned time up to a maximum of 2.80 FTEF in each semester (5.60 FTEF per academic year) for ACE, AFT 6554 operations at a cost to ACE, AFT 6554 equal to the average associate faculty member’s salary. The average associate faculty member salary shall be provided by the Fiscal Services Office.

ACE, AFT 6554 shall provide members’ names and the released/reassigned time to the Associate Vice-Chancellor of Human Resources, in writing, prior to September 15 for the Fall semester and prior to February 15 for the Spring semester.

No more than one faculty member may be assigned a maximum of 1.00 FTEF per semester (2.0 FTEF per academic year) of ACE, AFT 6554 released/reassigned time or a combination thereof in any capacity.

8.10 Copies of Agreement

The District agrees to print and publish a sufficient number of copies to provide each member a copy of the agreement. ACE, AFT 6554 may purchase additional copies, up to two hundred (200) in number.

8.11 Representation/Service Fee

8.11.1  The District shall deduct the amount of the fair share service fee from the wages and salary of regular/contract and associate employees as follows: (1) Regular/contract members — 1% of regular salary and (2) Associate members – 0.5% of salary for the Fall and/or Spring semesters. Thereafter, the employee shall, as a condition of continued employment, be required to either join the Association or pay the fair share service fee (See Representation Form in Appendix F). The amount of the fee shall not exceed the dues that are payable by members of the Association and shall cover the cost of negotiations, contract administration, and other activities of the Association that are germane to its functions as the exclusive bargaining representative. Fair share service fee payers shall have the right to receive a rebate or fee reduction upon request to the ACE, AFT 6554 president, of that portion of their fee that is not devoted to the cost of negotiations, contract administration, and other activities germane to the Association’s function as the exclusive bargaining unit. Members who are temporarily assigned to an administrative position, who are on voluntary leave without pay, and members who are on laid-off status, shall be exempt from these provisions.

8.11.2  Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to loin, maintain membership in, or financially support any employee organization as a condition of employment, except that such employee shall be required, in lieu of a service fee, to pay sums equal to the service fee either to a nonreligious, non-labor organization or charitable fund exempt from taxation chosen by such employee. (Government Code Section 3546) Payment of membership dues, service fees, or contributions to scholarship funds shall be made by payroll deduction.

8.11.3  The District is under no obligation to make payroll deductions for periods during which a member is either terminated from employment or not on the District’s payroll for any reason, including, but not limited to, layoff and voluntary leave of absence without pay for more than thirty (30) days.

8.11.4  Upon the re-hiring of any member, or upon the recalling of a member from layoff status, the District shall treat such member as a new member, in terms of service fees. 

8.11.5  Hold Harmless and Indemnify Provision
ACE, AFT 6554 shall hold the District harmless, and shall fully and promptly reimburse the District, for any fees, costs, charges or penalties incurred in responding to or defending against any claims, disputes or challenges which are actually brought against the District in connection with the administration or enforcement of any section in this article pertaining to representation/service fee.

8.11.5.1  Upon notice that the District is going to seek indemnification and be held harmless under this provision, ACE, AFT 6554 shall have the right to meet with the District regarding the reasonableness and merit of any claim, demand, suit, or action for which the District seeks indemnification, and shall attempt to agree whether any such action listed above shall be compromised, resisted, defended, tried, or appealed.

8.11.5.2  In determining whether or not such actions shall be compromised, resisted, defended, tried or appealed, the District shall defer to ACE, AFT 6554 interests if the District does not have a distinct and separate legal interest in the disputed matter.

8.11.5.3  The District shall not be entitled to be reimbursed for any costs for which ACE, AFT 6554 was not properly notified and provided the opportunity to discuss as set forth herein; nor shall the District be entitled to any reimbursement when the District’s efforts in defending against such action would be duplicative, or when the District does not have a separate and distinct interest to defend.