TENTATIVE AGREEMENT

February 25, 2010

PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT

TENTATIVE AGREEMENT

February 24, 2010

Article I          AGREEMENT 

The District and Association agree to a term for a two year contract effective July 1, 2009 through June 30, 2011. In year two of the agreement, the parties agree to commence re-opener negotiations prior to October 1, 2010.  In re-opener negotiations, no more than three (3) articles of the choice of the Association and no more than three (3) articles of the choice of the District may be reopened.  Articles XIX Wages, XXI Health and Welfare and XVIII Hours of Employment shall be excluded from reopener negotiations.

Article XII      TRANSFER

Section 12.4    District-Initiated Transfers

12.4.3    When the District initiates a transfer of employees that results in a split assignment between two or more sites, the employee with the least seniority within the job classification among the affected sites will be subject to transfer.

Article XIII     PROMOTIONS

Section 13.1 Application

13.1.1  All permanent bargaining unit members applying for promotional opportunities selected for an interview shall be interviewed at least five (5) days before non-bargaining unit employees and substitute employees are interviewed for the promotional opportunity.

13.1.2  The Chapter President or her/his designee shall receive a list of all bargaining unit employees who have submitted applications for promotional opportunities prior to the scheduling of interviews.

Section 13.3 Notification

13.3.1  The Chapter President or her/his designee shall be notified of the name of the candidate selected for the relevant position.

Article XV      LAY OFF and RE-EMPLOYMENT

Article XV: 15.2.1 The District shall notify the Association and affected unit members in writing not less than thirty (30) forty-five (45) days prior to the effective date of layoff for lack of work or funds.

Article XIX     WAGES

1.)   For fiscal year 2009-2010 all classified bargaining unit members shall take
four (4) furlough days:

                        Friday, April 2, 2010

                        Monday, April 12, 2010

                        Friday, May 28, 2010 

One (1) furlough day off between ratification of the contract and June 30, 2010 to be mutually agreed upon by the employee and supervisor. 

By March 15, 2010 unit members shall submit to their supervisor three possible floating furlough dates. The supervisor shall advise the employee by March 30, 2010 which one (1) of the unit member submitted dates is acceptable. 

In the event that none of the unit member submitted furlough dates are acceptable to the supervisor, the unit member shall  set their last work day during the 2009/2010 school year as their furlough day. 

On the April 10, 2010, May 10, 2010,June 10, 2010 and July 10, 2010 paychecks, one furlough day increment will be deducted from a unit member’s regular earnings. 

2.  For fiscal year 2010-11 all classified bargaining unit members shall take a total
of six (6) furlough days.

These six furlough days will be deducted from pay in equal increments over the
10 months of the 2010-11 year. 

3.  The six (6) furlough days in 2010-2011 shall be determined by a joint
sub-committee of the bargaining teams.  

4.  Unit members shall suffer no loss of vacation, sick leave or holiday payment or accrual as a result of the implementation of furlough days.

5.  All provisions set forth in this Agreement under Article XIX Wages in Paragraphs 1,2,3 and 4 above shall sunset on June 30, 2011.

 Article XXI    HEALTH AND WELFARE

Effective July 1, 2010, the agreed upon medical plan for the low Anthem HMO coverage shall include a Select Network. All premium rate structures and benefit levels in place for the year 2009/2010 plan year as reflected in Article XXI of the parties’ current agreement shall remain in effect for the 2010/2011 plan year. 

Article XXV

CONTRACTING OUT

The district agrees to adhere to the provisions of Education Code Section 45103.1 related to the contracting out of classified services.

MOU 

RETIREMENT INCENTIVE

Upon approval of this Tentative Agreement the district shall enlist PARS to conduct a feasibility study of CSEA Chapter #293’s submitted early retirement incentive plan (herein included as Attachment A). The resulting study will produce participation levels and parameters needed to achieve cost savings or cost neutrality for the District.

Upon receipt of the feasibility study from PARS, the parties agree to meet to review the PARS study.  If the PARS study achieves cost savings or cost neutrality, the District will set timelines for implementation of the early retirement incentive for the 2010/2011 school year.  When participation levels and parameters as outlined in the PARS study are met, the District shall offer the early retirement incentive at the agreed upon time during 2010/2011.

LAYOFFS

For 2009-10, the district agrees not to layoff additional classified employees.  For 2010-11, district agrees to not initiate any lay offs unless precipitated by:

  1. Changes in
    1. Categorical funding levels
    2. State flexibility

For purposes of this agreement “changes in categorical funding levels” is defined as a reduction in a particular categorical fund from 2008/2009 funding levels. “State flexibility” is defined as Tier III programs. 

  1. Changes in demands and/or participation in services

“Changes in demand and/or participation in services” is defined as a demonstrable reduction in demand and/or participation of a particular program or service. 

  1. Enrollment shifts

As the district experiences a shift in enrollment at particular school sites, positions that need to be reduced will be realized through attrition.

Any layoffs in the 2010/2011 school year shall not result in the elimination of all members in a job classification, excluding classifications in Tier III or categorically funded programs.

Layoffs in the 2010-11 school year will not exceed 5% of the total classified bargaining unit members.

ATTACHMENT A

February 24, 2010

Early Retirement Incentive

  1. The parties agree to implement a PERS two year service credit option pursuant to California Government code section 20904. The 90-180 day enrollment period for this early retirement option shall be negotiated by the parties on an as needed basis to mitigate potential future layoffs.
  2. The parties agree to structure said agreement in such a manner that will meet reasonable requirements of the Orange County Department of Education with respect to said agreements. 
  3. The parties shall calculate the total dollar annuity the District is required to fund to PERS to effectuate the retirement option. The total annuity shall be paid by the District to PERS over a period of two to five years.
  4. The parties agree that positions vacated by the retirement option may be left vacant and unfilled for a period not to exceed twelve [12] months during the 2010-2011 fiscal year.
  5. Notwithstanding section 4 above the district shall have the discretion to fill positions vacated by retirement on an as needed basis.
  6. Retiree must meet PERS eligibility requirements (age 55 with 10 years PERS service credit).
  7. The express purpose of this retirement option is to mitigate future potential layoffs of classified unit members and promote savings which the parties can quantify, pursuant to the formula that follows: 

[A] Employee Salary for fiscal 2009-2010 __________ +

[B] Employer “fixed costs” on A for fiscal 2009-2010 __________ +

[C] Total Dollar value of employer Health and Welfare contribution for fiscal 2009-2010 __________ =

[D] Total Employee Labor Costs for fiscal 2009-2010 __________ +

[E] Total Dollar amount of Employer PERS contribution [employee and employer share] for fiscal 2009-2010 __________ x 2 years = total PERS annuity cost

[F] __________.


CLASSIFIED EMPLOYEES NEGOTIATIONS UPDATE #9

February 18, 2010

CSEA and the District met again to continue negotiations on February 18, 2010. Although we are officially in impasse, we can continue to work on reaching agreement on our outstanding issues.

The discussions centered around the District’s needs for cost savings and the Chapter’s need to provide job security for our unit members.

Although no new tentative agreements were reached on any issues, we do feel we may be closer in concept on some of the articles currently in contention.

The CSEA team will be meeting again with the District on Wednesday February 24. Please check our website for additional information as it becomes available, or to ask any questions you may have.

Support your team!!! Wear blue on Wednesday Feb. 24!


Chapter Bargaining Team to Meet with District.

February 17, 2010

“At the request of the District, your Chapter bargaining team will meet again with District negotiators this Thursday to discuss our re-opener negotiations – despite the existence of an impasse between the parties. Your Chapter bargaining team remains committed to preserving classified employment and averting layoffs in these negotiations. Following the conclusion of our negotiations on Thursday, an update will be posted to this site.”

Brady Bailo
Labor Relations Representative
California School Employees Association
Orange Field Office
326 W. Katella, Suite E
Orange, CA 92867-4756
Direct: 714.532.7129
FAX: 714.771.8412


Take a Survey On a Classified Retirement Incentive

February 15, 2010

It has been asked: “If there were a retirement Incentive offered How many of the Classified would be interested?”
Please click here to participate in our non binding online survey to give your Negotiation Team a realistic idea from which departments and how many people would consider taking an incentive If it were offered.
It also gives the District valuable information to help them decide when such a incentive would be most beneficial to both the Classified unit and the District. Retirement Incentives can be a useful tool to avoid layoffs.

“Please take one minute to complete a survey regarding a possible early retirement incentive.
Individual answers will not be shared with the District.

To participate in the survey click on the link
Link To The Survey:
http://www.csea.com/UltimateSurvey/takeSurvey.asp?surveyID=97


Letter to Dr. Smith and the Board

February 9, 2010

Letter to Dr Smith and Board

On Tuesday February 9, 2010, Your CSEA Chapter President delivered a letter to Dr. Smith and the Board with our intentions regarding Negotiations and Impasse.
Click on the link above to see and read the actual letter.


MORE FAQ

February 6, 2010

Question:
What exactly is the district objecting to?

Answer:
It is not as simple a reply as “The District objects to X”
There are many factors in the proposal that we presented to the District on Feb. 3.
On Monday February 8th, 5:15 p.m, at the Chapter meeting, we will go over the proposal in what detail we may and explain the impasse process.
We will be having the meeting at the ESC, Located at 4999 Casa Loma, Yorba Linda, in the old boardroom.
I invite you to attend and bring your colleagues and questions.
I want to thank you on behalf of the whole team for your support and interest.
Allyson Holt