Hello CSEA 293 Members,
This communication is being sent to you regarding the COVID-19 testing being provided to PYLUSD employees, as CSEA has been receiving many questions about this matter.
First and foremost, PYLUSD can make COVID-19 testing a mandatory condition of your employment and it appears that this is the stance that PYLUSD is taking at this time. As such, CSEA strongly advises classified bargaining unit members to adhere to the directives given from the District on COVID-19 testing. However, it should be known that when CSEA negotiated our 2020-2021 COVID-19 agreement with PYLUSD, CSEA secured language that explicitly states that if PYLUSD provides COVID-19 testing to employees, it is to do so during the employees shift hours to the extent practical. Nowhere in this agreement does it state that PYLUSD can make classified bargaining unit members volunteer their own time to take a mandated COVID-19 test.
Since PYLUSD is making these COVID-19 tests a mandatory condition of employment, it is unlawful for the District to ask a unit member to take this mandatory COVID-19 test outside of your shift hours without being compensated for it. Additionally, you cannot be forced to change (or flex) your shift hours to ensure that you are in paid status during the time of your COVID-19 test. The decision to change (or flex) your shift hours is always at your discretion. Unit members that find themselves scheduled to test at their site outside of their normal shift hours should work with PYLUSD to schedule a make-up COVID-19 test which is during their regular shift time. If there are not opportunities for a unit member to take this mandatory COVID-19 test during their shift hours, CSEA encourages unit members to test at the scheduled time they are being provided by PYLUSD and to also submit a time card for the amount of time the member was engaged in the testing process outside of their normal set shift hours.
We have contract language that supports you being paid for all the time you are required to work outside of your normal shift hours, including to perform this mandatory COVID-19 testing task. If you have further questions regarding PYLUSD COVID-19 testing schedule, please feel free to reach out to either myself, Chris Lawyer, or Anthony Solis our CSEA LRR at (714) 532-7126; or, call Risk Management at (714) 985-8780.
Job Suarez, #293 President (714) 681-3095
Chris Lawyer, #293 1st VP (714) 615-0896
CSEA Placentia-Yorba Linda 293
www.pylcsea.com for contact information