Collective Bargaining Agreement
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1.1 The Trustees of The California State University (CSU) recognize the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO and its Local Union 4123 as the sole and exclusive representative of the bargaining unit (Unit 11) in accordance with the certification by the Public Employment Relations Board (PERB) in petition number LA-RR-1099-H and in accordance with the parties’ August 18, 2004 recognition agreement and other applicable Memoranda of Understanding (MOUs) as set forth in the Appendices.
1.2 The classifications included in this unit are: Teaching Associates (2309, 2324, 2353, 2354, and 2453), Graduate Assistants (2355, 2325 and 2326) and Instructional Student Assistants (1150, 1151, 1152 and 1153).
1.3 The recognized unit may be modified by agreement of the parties pursuant to the rules and regulations of the Public Employment Relations Board.
APPOINTMENTS, POSTING AND NOTIFICATION
Posting of Appointment Opportunities
2.1 The University shall create and maintain a central website on each campus and shall post information on it regarding open hire bargaining unit employee positions when these positions become available. Open hire positions are those positions available for currently enrolled or admitted students that are not used to fulfill a commitment of support made to a student (a) at the time of admission or (b) under an existing advising relationship with a faculty member(s). The University may update or edit this information as appropriate.
2.2 By April 1st of each year, the University shall post a summary of bargaining unit positions by department or hiring unit and classification that were filled in that academic year. The University shall notify the Union of the link to the summary of bargaining unit positions.
2.3 All postings shall contain the following information:
An employment non-discrimination statement.
A general description of the duties performed by each of the classifications covered by the agreement.
The “minimum qualifications” by classification as established by and at the sole discretion of the University.
A statement indicating that exceptions to the minimum eligibility qualifications may be granted at the sole discretion of the University.
Application procedures or hiring unit contact person for bargaining unit positions.
Hiring criteria for each classification.
Percentage or hours of appointment, when known.
Deadlines for application and procedures for notification.
2.4 The determination of the above information shall be made by the University. Once the University has determined the hiring criteria, they shall not be modified to be more restrictive within the same hiring period.
2.5 Departments or other hiring units may also post information regarding open hire positions. Departments or other hiring units may, when necessary, make emergency appointments. For the purpose of this Article an emergency situation is one in which the beginning of the appointment period must begin less than a week after the position is posted.
2.6 The CSU may make appointments at any time and for any duration. Appointments of Teaching Associates and Graduate Assistants may be made at any time-base. Appointments of Instructional Student Assistants may be made for range of hours over a term(s). Substitute Teaching Associate assignments shall be made for a range of hours, and shall be compensated at the employee’s existing hourly rate. Substitute Teaching Associate appointments shall be made from qualified Unit 11 employees who have notified the Department Chair that they are available for appointment as a Substitute Teaching Associate during the period of their primary appointment.
2.7 As soon as a hiring decision has been made, and prior to the scheduled start of the appointment, the University shall provide written notice of the appointment or reappointment in paper or electronic format to the affected individual. When possible, the University will endeavor to provide fourteen days’ advance notice of the individual’s appointment, but the parties recognize that this provision should not delay the start of an appointment.
2.8 The notice will include, but not be limited to: the applicable appointment title, appointment time-base percentage (or range of hours), effective dates, salary/wages, health and other applicable benefits and deductions, and tuition and fee waiver or exemption information, department or equivalent unit, department or equivalent unit contact information, response requirements if any, a statement that the position is covered by the collective bargaining agreement between the parties, the collective bargaining agreement’s website address, a website address with UAW 4123 contact information and a systemwide website that provides information regarding the requirement and nature of the California Loyalty Oath.
[Note: This website shall include FAQs and a statement that swearing to uphold the California Constitution does not require the employee to engage in violence.]
2.9 Prior to the commencement of the term or as soon as practicable thereafter, the University shall provide the ASE the following information:
a. the faculty member or supervisor to whom the individual will report,
b. the location where the work will be performed,
c. the class assigned, if applicable,
d. the time and place of any applicable orientations,
e. the specific duties and expectations of the appointment as detailed in the form in Appendix F or a campus-based form that contains at least the same information. The University may include estimated time for effective completion of each duty.
The University shall provide advance notice when the above referenced duties are changed significantly. Such changes will be confirmed in writing.
2.10 No employee shall be deemed appointed in the absence of an official written notification from the President and the bargaining unit employee’s acceptance within the timelines established by the notification. The bargaining unit employee shall have fourteen (14) days from date of written notification to accept the appointment.
Conditions of Appointment
2.11 The duration, terms and conditions of an employee’s appointment will be specified in the appointment notification. The appointment notification shall state that the appointment automatically expires at the end of the period stated and does not establish an obligation for a subsequent appointment. No other notice shall be provided.
2.12 Appointments may be provided for any duration, including multiple academic terms (semesters, quarters). The University will guarantee employment during the first term of appointment. If an appointment is for more than one academic term, employment in academic terms after the first term of the appointment may be conditioned upon budget or enrollment. If an individual receives and accepts a non-conditional appointment, and the position offered and accepted is no longer available, the CSU will ensure that the employee:
a. is placed in an appointment at the same level of compensation for the academic term(s) stated in the appointment notification, or
b. receives the same compensation in lieu of the position for the academic term(s) stated in the appointment notification.
2.13 An employee may be reassigned by the CSU due to the operational needs of the CSU upon written notice. The CSU shall determine its operational needs, including the quality of its instructional and research activities. Any reassignment must be to another position with the same compensation.
2.14 As a condition of employment, all employees must remain academically eligible. In the event the employee becomes academically ineligible, the employee may be removed without pay from or returned to said appointment as set forth below.
a. Within the first five (5) weeks of an academic term, the University may, at its sole discretion, remove an employee who has become academically ineligible.
b. If a bargaining unit employee regains academic eligibility, the University shall determine in its sole discretion whether or not to reinstate the bargaining unit employee. Reinstatement, if any, shall be at the level of employment held prior to removal.
2.15 If a student is otherwise eligible for employment as an academic student employee, the University shall not limit the opportunity to apply for a vacant position based on (a) the number of academic units in which the employee is enrolled, or (b) the number of terms of prior employment as an academic student employee, except as necessary to comply with state or federal regulations and/or accreditation requirements.
3.1 The term “eligible Teaching Associate employee(s)” as used in this Article shall mean a Teaching Associate employee who is appointed half-time or more for more than six (6) months. Those employees excluded from health, dental, vision, and life insurance benefits include Graduate Assistants and Instructional Student Assistants.
3.2 Eligible Teaching Associate employees and eligible family members as defined by CalPERS shall receive health benefits offered through the CalPERS system for the life of this Agreement. Payment for these benefits shall be based on rates established by CalPERS for participating members. The CSU shall contribute the amount required for such payments by Government Code Section 22871. This provision shall be applicable to all Teaching Associate employees whose eligibility for CalPERS health benefits derives from their employment in the UAW unit. Those excluded from health benefits include Graduate Assistants, and Instructional Student Assistants.
3.3 The term “eligible family member” as used in this Article shall mean the eligible Teaching Associate employee’s legal spouse, registered domestic partner (through the Secretary of State registration process), and children from birth to the end of the month in which the dependent children reach age twenty (26). An adopted child, stepchild, natural child recognized by the parent, or a child living with the employee in a parent-child relationship who is economically dependent upon the employee is also eligible. A family member who is a disabled child prior to and over age twenty-six (26) may also be enrolled if, at the time of initial enrollment of the employee, satisfactory evidence of such disability is presented to the carrier consistent with the carrier’s requirements. Upon attaining age twenty six (26), a disabled child who is already enrolled may be continued in enrollment if satisfactory evidence of that disability is filed with the carrier in accordance with the carrier’s criteria.
3.4 All Teaching Associate employees who contribute toward health benefits pursuant to provision 3.2 shall be entitled to participate in the CSU Health Premium Conversion Program (TAPP). The terms of this program shall be determined by the CSU. All administrative costs for participation shall be paid by participating employees.
3.5 CSU dental benefits shall be offered to eligible Teaching Associate employees and eligible family members as defined in 3.1 and 3.3 for the life of this Agreement, fully paid by the CSU. The level of benefits shall equal the following plans in existence on June 24, 2005: the CSU basic Prepaid Dental Plan and the CSU Enhanced Level I Indemnity Dental Plan.
3.6 Eligible Teaching Associate employees and eligible family members as defined in this 3.1 and 3.3 shall be entitled to receive vision care benefits as provided in the program presently offered by CSU and the CSU’s contribution shall equal one hundred (100) percent of the basic monthly premium for the life of this Agreement.
Flex Cash Program
3.7 Teaching Associate employees eligible for either health or dental insurance pursuant to this Agreement shall be entitled to waive health and/or dental insurance in exchange for the following monthly payments:
a. Waive medical & dental $140 per month
b. Waive medical only $128 per month
c. Waive dental only $12 per month
In order to participate, each eligible Teaching Associate employee will be required to request participation and certify that he/she has alternative non-CSU insurance for the CSU insurance being waived.
Health Care Reimbursement Account
3.8 All eligible Teaching Associate employees shall be entitled to participate in the CSU Health Care Reimbursement Account (HCRA) Plan. The terms of this plan shall be determined by the CSU and in accordance with Internal Revenue Service regulations. All administrative costs for participation shall be paid by participating employees.
Childcare and Dependent Care Reimbursement Account
3.9 The CSU and the Union acknowledge that pursuant to the rules of the relevant Auxiliary Organizations on each campus, childcare services are available to employees due to their student status.
3.10 All eligible Teaching Associate employees shall be entitled to participate in the CSU Dependent Care Reimbursement Account (DCRA) plan. The terms of this plan shall be determined by the CSU and in accordance with Internal Revenue Service regulations. All administrative costs for participation shall be paid by participating employees and shall be the same as for all other employees.
3.11 Teaching Associate employees’ eligibility for membership in the CalPERS retirement system shall be determined pursuant to the California Public Employees’ Retirement Law.
Graduate Assistants and Instructional Student Assistants are not eligible for membership in CalPERS.
Healthcare Vesting for New Employees
3.12 Teaching Associates hired on or after July 1, 2019 and become members of CalPERS on or after July 1, 2019 shall receive the full portion of the CSU contribution payable for health benefits upon retirement at age 52 with at least 10 years of service credit (Government Code Section 22874.8). In addition, Teaching Associates meeting these requirements shall be eligible for the full portion of the CSU contribution payable for basic dental plan (Government Code Section 22958.5).
Part-time, Seasonal and Temporary Employees Retirement Plan
3.13 All bargaining unit members are exempt from Social Security and Medicare taxes, provided the student meets the student FICA exemption addressed in Federal law.
Employees who work during the academic breaks who do not qualify for the student FICA exemption are enrolled in the California Department of Human Resources’ Part-time, Seasonal, Temporary (PST) retirement plan in lieu of Social Security. The total cost of this CalHR plan shall be paid by participating student employees in the form of a seven and one-half percent (7.5%) pre-tax reduction from a participating student employee’s covered wages each pay period. There shall be no cost to the CSU.
3.14 Employee expenses incurred as a result of travel on official CSU business shall be reimbursed in accordance with CSU travel regulations.
3.15 An employee wishing to park at any CSU facility shall be eligible for the same category of parking permit that was available to that classification of employee as of January 1, 2004. Every employee shall pay the parking fee in accordance with CSU campus policy. The CSU shall provide payroll deductions for this purpose in accordance with CSU campus policy.
3.16 Eligible bargaining unit employees shall be entitled to participate in the CSU Pre-tax Parking Fee Deduction Plan under the same terms and conditions as eligible non-student employees.
3.17 The CSU shall provide Teaching Associate employees as defined in 3.1 with a life insurance program at no cost to the employee. This plan shall provide basic life insurance coverage during the term of employment in the amount of fifty thousand dollars ($50,000).
Industrial Disability Leave
3.18 Teaching Associate employees may participate in the CSU Industrial Disability Leave (IDL) program in accordance with the terms set forth by the CSU.
Non-Industrial Disability Insurance
3.19 Teaching Associate employees may participate in the CSU Non-Industrial Disability Insurance (NDI) program in accordance with the terms set forth by the CSU.
3.20 All bargaining unit employees shall be eligible to participate in 403(b) plans in accordance with regulations and procedures as established by the CSU.
4.1 The CSU shall notify the Union sixty (60) days prior to the effective date of: (a) new classifications related to bargaining unit classifications or (b) revised bargaining unit classifications.
4.2 Prior to the effective date of a new classification, the Union may request a meeting with the CSU to discuss whether the new classification is appropriate for the bargaining unit. Such a meeting shall be held. The parties may mutually agree in writing to modify the unit to include the new classification. If the parties disagree as to the inclusion of a new classification in the bargaining unit, either party may seek a unit modification petition pursuant to the procedures established by PERB.
4.3 Prior to the effective date of a revised classification or inclusion of a new classification in the bargaining unit, the Union may request to meet and confer regarding the impact of the revised classification or a new classification on bargaining unit members.
4.4 All classification and qualification standards of bargaining unit employees will remain in effect until such time as notice as described above has been provided to the Union.
5.1 During the life of this Agreement, unit employees shall not engage in strikes of any kind or other concerted activity of any kind which would interfere with or adversely affect the operations or the mission of the CSU.
5.2 The UAW shall not promote, organize, or support any strike of any kind or other concerted activity of any kind.
5.3 The UAW shall endeavor to prevent unit employees from participating in a concerted activity which would interfere with or adversely affect the operations or the mission of the CSU.
5.4 The CSU shall not lock out unit employees.
6.1 The CSU may discipline an employee for just cause.
6.2 a. “Discipline" is defined as:
1. a written reprimand
2. suspension without pay for a maximum of 21 calendar days or
3. a dismissal/discharge
b. All written reprimands pursuant to 6(2)(i) shall be clearly identified in the document as a "letter of reprimand". Upon the employee's request and after 12 months from the effective date, a reprimand in the personnel file shall be permanently removed. This provision shall not be implemented under the following conditions:
1. a written notice of intent pursuant to 6.4 of this Article has been served on an employee and such a reprimand is related to the pending disciplinary action; or
2. a subsequent written reprimand(s) of a similar nature has been placed in the Personnel File within the 12 month period. If, after 12 months of the effective date of the subsequent reprimand, then the employee may also request the removal of the prior written reprimand(s) of a similar nature.
6.3 "Discipline" does not include any other personnel action, including, but not limited to:
a. an oral or verbal counseling or warning; however, an oral warning may be challenged in a grievance only after it is subsequently used for evidence or to justify the extent of the penalty in a discplinary matter;
b. the expiration of an appointment or the failure to make a reappointment;
c. a reassignment for operational needs;
d. a removal due to academic ineligibility;
e. a performance evaluation;
f. investigatory leave;
g. recission of an appointment due to failure of a condition.
Written Notice of Intent
6.4 In the event that dismissal/discharge of an employee is contemplated, the University shall provide the employee with a written notice of intent. A copy of the written notice shall be sent to the Union. The written notice shall:
a. inform the employee of the dismissal/discharge action proposed, the reason for the proposed action including applicable documentation and the effective date(s) of the action;
b. inform the employee of the right to respond within the applicable time limit in accordance with provision 6.6 below; and,
c. inform the employee of the right to representation by another employee or the Union.
Response to Written Notice of Intent
6.5 The employee or her/his representative shall have the right to respond in writing within seven (7) calendar days from the issuance of the written Notice of Intent. If the Notice is mailed to the employee, the employee may respond within twelve (12) calendar days from the date of issuance.
Written Notice of Disciplinary Action
6.6 After review of a timely response, if any, the University shall notify the employee and the employee’s designated representative of any disciplinary action to be taken and its effective date, as well as the rights set out under Article 10, Grievance Procedure. The University may reduce such discipline without the issuance of a further Written Notice of Intent. A copy of the Notice shall be sent to the Union.
6.7 The University may place an employee on Investigatory Leave with full pay without prior notice, in order to review or investigate allegations of misconduct or dereliction of duty which, in the judgment of the University, warrant immediately relieving the employee from all work duties and/or require removing the employee from the premises.Investigatory leave shall not be considered a form of disciplinary action.The University will immediately provide the employee and her/his representative with written confirmation of the Investigatory Leave.The University may place an employee on investigatory leave at any time prior to, at the time of, or following a Notice of Intent.An employee on investigatory leave shall not receive pay in excess of what the employee would have earned had the employee not been placed on investigatory leave.
EFFECT OF AGREEMENT
7.1 Both parties had the opportunity during negotiations to make proposals with respect to any subject matter not prohibited by law from bargaining. To that end the parties’ agree that this Agreement only covers matters that relate to the employment status of bargaining unit members and does not abridge, modify, or alter any terms or conditions related to bargaining unit members’ status as a student. This Agreement sets forth the full and entire understanding of the parties regarding the matters contained herein. Any other prior or existing understanding or agreement by the parties which is contrary to this agreement, whether formal or informal, regarding any such matters is hereby superseded by this Agreement. It is agreed and understood that each party to this Agreement voluntarily waives its right to negotiate with respect to any matter covered in this Agreement.
7.2 Any practices, policies, rules, regulations, or conditions of employment affecting any matter within the scope of bargaining under HEERA which have not been covered by this Agreement shall remain in effect until the parties’ obligations described in provision 7.3 below are met.
7.3 With respect to the matters covered in provision 7.2 above, the parties recognize that during the term of this Agreement the University may deem it necessary to make changes in areas within the scope of bargaining. Where the University decides to make such changes the University shall notify the Union of proposed changes thirty (30) calendar days prior to their proposed implementation.
7.4 The duty to negotiate changes made by the University in provision 7.3 is limited to bargaining regarding the impact of such changes on bargaining unit employees, but only when both of the following exist:
a. Where the subject matter of the change is within the scope of representation pursuant to HEERA; and
b. Where the Union makes a request to negotiate with the University within fifteen (15) calendar days of the date of the receipt by the Union of the University’s notice as described in provision 7.3.
7.5 An agreement resulting from negotiations in provision 7.4 above shall be executed in writing.
7.6 If the parties do not reach agreement in the negotiations, the impasse procedures pursuant to HEERA shall apply.
7.7 If the parties disagree as to whether a proposed change is subject to provision 7.3 above, such disagreement shall be subject to the Grievance and Arbitration Article of this agreement.
8.1 “Employment Evaluation” is a faculty member’s or supervisor’s written assessment of a bargaining unit employees’ employment performance.
8.2 If an employment evaluation is to take place, the employing department or hiring unit shall communicate, in writing, evaluation criteria, schedule and procedures for written employment evaluations, to employees or upon request to the Union within the first fourteen (14) days of the appointment period.
8.3 There shall be no changes in criteria and procedures used to evaluate the bargaining unit employee during the appointment period, unless there is a change in the assignment of the bargaining unit employee in which case notice of new criteria, schedule and procedures for written employment evaluations shall be provided in accordance with provision 8.2, above.
8.4 An ASE shall be given a draft evaluation at least five (5) days prior to placement in the personnel file.Upon request, an ASE shall be provided the opportunity to meet with an appropriate administrator to discuss the draft evaluation.The request to meet, if any, shall be made within five (5) days of receipt of the draft evaluation.If a meeting is requested, it shall take place within ten (10) days of the request by the ASE.Following the meeting, the administrator shall consider all information provided by the ASE concerning the relevancy and accuracy of the employment evaluation prior to making a final decision to place the final evaluation in the file.An ASE shall be given a copy of the final evaluation within five (5) days after placement in the personnel file.
8.5 If a bargaining unit employee disagrees with the content of the final evaluation, within fourteen (14) days of receipt of the evaluation, the bargaining unit employee may submit a rebuttal statement that the University shall attach to the employment evaluation.
8.6 The content of an employment evaluation of a bargaining unit employee shall not be subject to the grievance procedure, but the procedural requirements of the provisions of this article shall be subject to the grievance procedure.
8.7 If the bargaining unit employee is alleging that the content of an evaluation constitutes a violation of Article 16, Non-Discrimination, then the bargaining unit employee may contest the content of the evaluation subject to the requirements of Article 16, Non-Discrimination. If the bargaining unit employee is alleging that the content of an evaluation constitutes a violation of Article 10, Grievance Procedure, then the bargaining unit employee may contest the content of the evaluation subject to the requirements of Article 10, Grievance Procedure.
9.1 Pursuant to Executive Order 611, campus Presidents or their designees may waive the State University Fee for individual students who are enrolled in a California State University graduate program as classified or conditionally classified graduate students and who are employed by the California State University as Graduate Assistants (Class Code 2355) or Teaching Associates (Class Code 2353 or 2354). This Executive Order shall not be subject to Article 10 (Grievance Procedure).
10.1 This grievance procedure shall be the sole and exclusive method of resolving disputes regarding allegations by employees and/or the Union that the CSU has violated this Agreement. Nothing herein precludes employees and/or the Union from pursuing allegations the CSU has violated constitutional, statutory or regulatory obligations in the appropriate forum as provided by law.
10.2 Grievance – an allegation by a grievant that there has been a violation, misapplication, or misinterpretation of a specific term of this Agreement.
10.3 Grievant – The term “grievant” as used in this Agreement refers to:
a. an individual employee who alleges that he/she has been directly wronged by a violation of a specific term of this Agreement; or
b. a group of employees that alleges that it has been directly wronged by a violation of a specific term of this Agreement; or
c. the Union when it alleges that an individual employee, a group of employees, or the Union has been directly wronged by a violation of a specific term of this Agreement.
10.4 Designated representative – an individual designated by a party to represent it at a step in the grievance procedure.
10.5 File – delivery to the designated representative at the address designated by such representative via U.S. Mail, personal service, facsimile, or, by email. The union and the CSU shall endeavor to use email whenever practicable.
10.6 A grievance must be filed in writing within 21 calendar days of the date on which the grievant(s) knew or could reasonably have been expected to know of the occurrence upon which the grievance is based.
10.7 Formal grievance meetings shall occur within 14 calendar days of the date of the request to meet.
10.8 Written responses shall be filed within 14 calendar days of the completion of the grievance meeting at each step of the grievance procedure. Written responses shall be filed with the grievant and the Union.
10.9 Written appeals of a grievance response shall be filed within 14 calendar days of the filing of a grievance response. The parties agree that grievances, responses and appeals are considered filed on the date that they are received by a party via fax, email, hand deliver, or U.S. Mail.
10.10 Informal Step 1 –The grievant(s) may meet and attempt to settle the grievance with their immediate supervisor (or with an individual designated by the University in the case of a Union grievance).
10.11 Informal Step 2 – If the grievance remains unresolved following Informal Step 1, the grievant(s) shall attempt to resolve a grievance in an Informal Step 2 meeting with an individual designated by the campus. If the designated individual is the subject of the grievance, the grievant(s) shall have the option of requesting the campus to designate another individual, who is not the subject of the grievance, to conduct the Informal Step 2 meeting. If the campus designates another individual who is not the subject of the grievance, the grievant(s) shall participate in the Informal Step 2 meeting. If the campus declines to designate another individual, the grievant(s) may pursue the grievance at Formal Step 1. Informal Step 2 meetings shall occur within 7 calendar days of the date of the request to meet.
10.12 The informal resolution of a grievance shall not set a precedent and must be consistent with the terms of this agreement.
Formal Procedure Step 1 – President or Designee
10.13 A formal written grievance shall be filed with the President or his/her designated representative within 21 calendar days of the date on which the grievant(s) knew or could reasonably have been expected to know of the occurrence upon which the grievance is based. The grievant or her/his representative shall request a meeting to be held between the grievant(s) and the President or the President’s designated representative(s) to attempt to resolve the grievance within 14 calendar days of filing the grievance. The resolution of a grievance at Step 1 shall not set a precedent and must be consistent with the terms of this agreement.
10.14 All filings of written grievances at each Formal Step shall be on the form contained in Appendix B. The grievance form shall be signed by at least one grievant at the time of its initial filing at Formal Step 1. The original signatures of all grievants must be provided to the CSU prior to the Formal Step 2 meeting. If a grievant’s signature is not so provided to the CSU, that grievant’s claim shall be deemed null and void. The grievant shall state on the grievance form agreed to by the parties all of the following information:
a. The specific term(s) of the Agreement alleged to have been violated;
b. A detailed description of the grounds of the grievance including names, dates, places, and times;
c. A proposed remedy;
d. The grievant’s name(s), classification(s), campus, department(s), mailing address(es), and original signature of at least one grievant;
e. The name and telephone number of the representative, if any;
f. The name and address of the Union, if the representative is acting as an agent of the Union;
g. In the case of a Union grievance on behalf of employee(s): (1) the name(s) of the employee(s) or (2) a specific description of the group of employees, alleged to have been directly wronged by the alleged violation; and
h. Date of submission of the grievance.
Formal Procedure Step 2 – Office of the Chancellor
10.15 If the grievance remains unresolved following Formal Step 1, the grievance may be filed at Step 2 with the designated individual in the Office of the Chancellor within 14 calendar days of the filing of a grievance response at Formal Step 1. The Union shall request a meeting be held between the Union representative and the designated individual in the Office of the Chancellor to attempt to resolve the grievance within 14 calendar days of filing the grievance appeal. The resolution of a grievance at Step 2 shall not set a precedent and must be consistent with the terms of this agreement.
10.16 Amendments and/or modifications to a grievance or to a grievance response, including new claims, issues, alleged contract violations and/or the raising of an arbitrability defense, shall not be made by the grievant or the CSU after the Formal Step 2 response, and therefore shall not be considered in arbitration, except for good cause.
Formal Procedure Step 3 - Arbitration
10.17 If the grievance remains unresolved following Formal Step 2, the grievance may be filed at Step 3 with the designated individual in the Office of the Chancellor within 42 calendar days of the filing of a grievance response at Formal Step 2.An appeal to arbitration may only be made by the Union.
10.18 The following arbitrator panels shall serve in rotation order unless agreed otherwise:
Panels to be agreed by parties
10.19 Unless the specific language of the Agreement is in conflict, the arbitration procedure shall be conducted in accordance with the Labor Arbitration Rules of the American Arbitration Association (AAA).
10.20 Grievances with continuing financial back pay liability, and grievances alleging an unsafe work environment, shall be scheduled for hearing in arbitration in the chronological order of their appeal to arbitration, prior to both the scheduling of any grievances with no continuing financial back pay liability, or any grievance which does not allege an unsafe work environment.The parties recognize that from time to time it may be in the interest of both parties by mutual agreement to schedule cases for arbitration in other than chronological order.Absent such mutual agreement, arbitration hearings shall be scheduled in the same chronological order in which each case was appealed to arbitration.
10.21 The Union shall request that a grievance be scheduled for hearing in arbitration. Any grievance filed into arbitration shall be considered withdrawn if the parties have not, within twelve (12) months of the date of filing to arbitration, agreed upon a date and scheduled the case for hearing with the arbitrator assigned to the case. This provision shall be extended for an additional thirty (30) days at a time, in cases where the Union has agreed to dates proposed by an arbitrator which are unacceptable to the CSU, or in cases where the CSU has not responded to the dates proposed by the Union.
10.22 No later than ten (10) days prior to the date of an arbitration hearing the parties shall attempt to confirm any issue(s) to be raised, exchange proposed issue statements, formulate a joint statement of issue, exchange the names of all anticipated witnesses, and provide (and identify as exhibits) copies of all documents anticipated to be entered into evidence. The failure to exchange the aforementioned information on proposed issues, witnesses and documents prior to the arbitration hearing shall not preclude their consideration by the arbitrator.
10.23 The arbitrator's award shall be based solely upon the evidence and arguments appropriately presented by the parties in the hearing and upon any post-hearing briefs.
10.24 The arbitrator shall have no authority to add to, subtract from, modify, or amend the provisions of this Agreement.
10.25 A final decision or award of the arbitrator shall be made within thirty (30) calendar days after the close of the hearing. Such decision or award shall be binding upon the Union, the CSU, and the employee(s) affected thereby.
10.26 The cost of the arbitration, excluding unilateral withdrawal, unilateral postponement, or unilateral cancellation fees, shall be borne equally by the parties. Expenses for witnesses shall be borne by the party who calls them. Each party shall bear the cost of its advocate.
10.27 Arbitration hearings shall be held at the campus for grievances filed at a CSU campus, and arbitration hearings shall be held on an alternating basis between the Office of the Chancellor and the Pico Rivera Union office for grievances agreed upon by the parties to be systemwide issues. The parties may mutually agree to schedule such cases at other locations.
10.28 The standard of review for the arbitrator is whether the CSU violated, misapplied, or misinterpreted a specific term(s) of this Agreement.
10.29 If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
10.30 An arbitrator's award may or may not be retroactive as the equities of each case may demand, but in no case shall an award be retroactive to a date earlier than thirty (30) days prior to the date the grievance was initially filed in accordance with this Article or the date on which the act or omission occurred.
10.31 Upon the request of the Union or the CSU, the other party shall supply a current list of its designated representatives for handling grievances at a campus or by the Office of the Chancellor.
10.32 The University shall not retaliate against an individual for membership or non-membership in the Union or for engaging in protected Union activities, or for participation in a grievance or complaint, whether formal or informal, or for the exercise of rights guaranteed by this Agreement.
10.33 Failure to file a grievance within the time limits at any step of the grievance procedure shall render the grievance null and void and no new grievance may be filed or processed on the matters grieved.
10.34 If the Union refuses to agree to schedule or attend a required meeting at any step of the grievance procedure, then the Union may not advance the grievance to the next level.
10.35 If the University refuses to agree to schedule or attend a required meeting at any step of the grievance procedure, then the Union may advance the grievance to the next level.
10.36 The failure to file a response to, or meet about, a grievance at any step of the grievance procedure within the specified time limit shall permit the grievant to appeal the grievance to the next step of the procedure within 14 calendar days of when the response was due.
10.37 The parties, by mutual written agreement, may agree to extend any time limit or waive any meeting, response or requirement of the grievance procedure.
10.38 The settlement of a grievance shall not set a precedent unless the parties expressly provide in that settlement that they have agreed to do so.
10.39 Offers of settlement are inadmissible at any step of the grievance or arbitration procedures.
10.40 The parties, by mutual written agreement, may agree to consolidate two or more grievances.
10.41 Grievants have the right to Union representation at all stages of the grievance and arbitration procedure subject to the provisions of this paragraph. The Union shall have the exclusive right to represent any employee in grievances under this Agreement provided, however, that at Informal and Formal Steps 1 and 2, employees may represent themselves or be represented by another employee of their choice pursuant to HEERA section 3567. If an employee elects not to be represented by the Union, the University shall inform the Union in writing (via email, facsimile or personal service) of a written Formal Step 1 grievance within 7 days of the filing. No resolution of any individually processed grievance shall be inconsistent with the terms of this Agreement. The University will not agree to a resolution of the grievance until the Union has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.
10.42 If it is necessary that grievance meetings take place during work time, the University shall provide release time to a Union representative and grievant(s) to participate fully in all aspects of the grievance process, including representation, preparation and presentation, as follows:
a. Prior to filing a grievance, the potential grievant and representative, if any, shall each be provided with one (1) hour release time for grievance preparation and reasonable time for grievance presentation at the informal level.
b. After the grievance has been filed, a representative and the grievant shall be provided reasonable release time for the purpose of preparation and presentation of the grievance.
10.43 Representatives and potential grievants shall contact the appropriate administrator in writing, if release time is requested under this provision. The appropriate administrator shall grant the contractually specified release time after considering the needs of the operation of the University. Requests for release time shall include: (1) the time and location of the meeting; and (2) the anticipated duration of the meeting.
HEALTH AND SAFETY
11.1 The CSU shall make reasonable efforts to maintain conditions conducive to the health and safety of bargaining unit employees.
12.1 The following holidays, except as provided in provision 12.2 below, shall be observed on the day specified.
a. January 1
b. Third Monday in January (Martin Luther King Jr. Day)
c. March 31 (Cesar Chavez Day)
d. July 4
e. First Monday in September (Labor Day)
f. Thanksgiving Day
g. December 25
h. Any other day designated by the Governor for a public fast or holiday.
12.2 The holidays listed in this provision shall be officially observed on the day specified unless they fall on a Saturday or Sunday, or are rescheduled by the President for observance on another day.
a. Third Monday in February (Washington’s Birthday)
b. February 12 (Lincoln’s Birthday)
c. Last Monday in May (Memorial Day)
d. Admission Day
e. Second Monday in October (Columbus Day)
f. November 11 (Veteran’s Day)
12.3 Any holiday listed in this Article which falls on a Saturday shall be observed on the preceding Friday. Any holiday listed in this Article which falls on a Sunday shall be observed on the following Monday.
Work Requirements and Compensation During Holidays
12.4 Teaching Associates in an Academic Year classification and Graduate Assistants in an Academic Year classification shall not be required to work on the days holidays in provisions 12.1 and 12.2 are officially observed or on academic holidays as designated in the campus academic calendar. Such employees shall receive their normal salary for these periods.
12.5 Teaching Associates in a twelve (12) month classification and Graduate Assistants in a monthly classification shall not be required to work on the days holidays in provisions 12.1 and 12.2 are officially observed. Such employees shall receive their normal salary for these periods.
12.6 An employee on a leave of absence without pay or in another non-pay status on a day a holiday is officially observed shall not be paid for the holiday.
12.7 If the first working day of a new bargaining unit employee is preceded by a holiday, the bargaining unit employee shall not be paid for the holiday.
12.8 Instructional Student Assistants do not have paid holidays. Instructional Student Assistants are paid for all hours authorized to work.
12.9 Teaching Associates will receive pay for holidays that fall within the scheduled workweek. A TA who is authorized to work and works on the holiday that is officially observed by the University shall be compensated with pay at his/her straight time rate on an hour-by-hour basis for all hours worked on the holiday OR given equivalent time off.
Equivalent time off, equal to the hours worked on the holiday, may be taken in lieu of compensation with pay. This equivalent time off must be taken within ninety (90) days after the holiday was observed. If the TA is unable to take the equivalent time off based upon the Department’s operational needs, he/she shall be paid at his/her straight time.
12.10 Employees in a Teaching Associate classification shall be entitled to a Personal Holiday that may be taken on one (1) day during the calendar year. If the bargaining unit employee fails to take the Personal Holiday before the end of the calendar year, the holiday shall be forfeited. The CSU and the Union shall endeavor to inform a Teaching Associate of his/her Personal Holiday. Scheduling of the Personal Holiday shall be by mutual agreement of the bargaining unit employee and the appropriate administrator.
INSTRUCTIONAL MATERIALS, SERVICES AND SUPPORT
13.1 The University shall provide all bargaining unit employees, without charge, access to the workspace, texts, facilities, services and instructional support the President or designee deems required to perform work and work related tasks. Such support may include but not be limited to access to:
Library, copy, bookstore and email privileges;
Computer with internet access, free printing, and instruction-related software;
Office and desk space;
Telephone with voicemail;
A break room if available.
LEAVES OF ABSENCE
Family Care and Medical Leave
14.1 A bargaining unit employee who has one (1) year of service is entitled to a family care and medical leave without pay in accordance with the University’s Family Care and Medical Leave Policy. Bargaining unit employees must work 1250 hours in the 12 months preceding the leave in order to be eligible for Family Care and Medical Leave. For employees eligible for paid leave of absence, Family Care and Medical Leave includes both paid (pursuant to Article 20, Sick Leave) and unpaid time.
14.2 Family care or medical leave is separate and distinct from the right of a female employee to take a pregnancy disability leave under Government Code Section 12945, subdivision (b)(2) for up to four (4) months, but not to exceed the end of the employee’s appointment.
14.3 Upon request to the President, a bargaining unit employee shall be granted up to two (2) days leave of absence with pay for each death in the immediate family. Upon request to the President, the bargaining unit employee shall be granted three (3) consecutive days leave of absence with pay if the death in the immediate family requires that a bargaining unit employee travel over five hundred (500) miles from their home. A bargaining unit employee shall give notice of the need for bereavement leave as soon as possible. The employee may be required to provide written substantiation for the request, including the name and relationship of the deceased immediate family member, upon the employee’s return to work. Bereavement Leave may only be taken on those days the employee was previously scheduled to work and must be taken at the time of the death or funeral.
14.4 A bereavement leave may be supplemented with available sick leave.
14.5 ”Immediate Family” as used in this Article shall mean:
a. the employee’s spouse or registered domestic partner;
b. the employee’s spouse’s or registered domestic partner’s father, mother, sister, brother, grandparent, great-grandparent, child (including foster, adopted and step child), grandchild;
c. the employee’s son-in-law, daughter-in-law
d. a person who is living in the immediate household of the employee, except domestic employees, roomers, boarders, and/or roommates.
14.6 Emergency military leave, temporary military leave, and indefinite military leave shall
be granted to eligible employees in accordance with state and federal law.
14.7 An employee who serves on jury duty shall receive their base salary and is permitted to keep any mileage payments made by the court. Employees are not entitled to juror pay for jury duty.
14.8 An hourly employee shall be eligible for time off with pay for jury duty only for those hours he/she was scheduled to work.
14.9 An employee who receives initial notification that he/she is subject to jury duty shall notify the appropriate administrator in writing prior to taking leave for jury duty. Verification of actual service for jury duty shall be provided by the employee.
Illness or Injury
14.10 A bargaining unit employee may be granted an unpaid leave of absence due to temporary incapacity due to illness or injury. An employee may be required to provide a physician’s statement or other appropriate verification for such leaves of absence. The length of the leave of absence may not extend beyond the expiration date of the appointment.
Leave Request Procedure
14.11 A written application for a leave of absence without pay or an extension of a leave of absence without pay shall be submitted to the appropriate administrator. The appropriate administrator shall determine if such a leave shall be granted and the conditions of such a leave. Requests for a leave of absence without pay related to the Academic Student Employee’s legally required attendance at their legal proceedings shall not be unreasonably denied.
14.12 An employee who is on a leave of absence without pay, excluding Family Care and Medical Leave, shall not return to active pay status prior to the expiration of such a leave without written approval of the appropriate administrator.
14.13 Any leave granted by the University under this Article assures to the employee a right to return to his/her former position or a position within his/her classification upon expiration of the leave, provided the employee returns prior to the employee’s end of appointment date.
Catastrophic Leave Donation Program
14.14 Any bargaining unit employee who accrues vacation or sick leave credits may voluntarily donate either of those credits to or receive them from any other CSU employee on the same campus, if the recipient employee has exhausted all accrued leave credits, i.e., sick leave, vacation, and CTO, due to a catastrophic illness or injury. Catastrophic illness or injury is an illness or injury that has totally incapacitated the employee from work. The following provisions shall apply:
a. An employee, his/her representative or the employee’s family member must request the employee’s participation and provide appropriate verification of illness or injury as determined by the campus President. The President shall then determine the employee’s eligibility to receive donations based upon the definition provided above.
b. An incapacitated employee may elect to defer a request to participate during a period of Industrial Disability Leave eligibility.
c. An employee may donate a maximum of sixteen (16) hours of leave credits per fiscal year in increments of one hour or more. Donations are irrevocable.
d. Donated leave credits may be used to supplement Industrial Disability Leave, Non-Industrial Disability Leave or Temporary Disability payments from the third party administrator upon the application for these benefit(s) by an eligible employee. The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee’s regular monthly rate of compensation.
e. The total donated leave credits shall normally not exceed an amount necessary to continue the employee for three calendar months calculated from the first day of catastrophic leave. The President may approve an additional three-month period in exceptional cases. The leave should not be deemed donated until actually transferred by the campus record keeper to the record of the employee receiving leave credits.
f. For employees whose appointments have not been renewed, donated time may not be used beyond the employee’s appointment expiration date in effect at the beginning of the disability.
g. Only vacation and sick leave credits may be donated.
h. Donated leave credits may not be used to receive service credit following a service or disability retirement.
i. Any CSU union may solicit leave donations from bargaining unit employees for direct transfer to employees eligible to receive such leave credits.
j. Catastrophic illness or injury may also include an incapacitated member of the employee’s immediate family if this results in the employee being required to take time off for an extended period of time in order to care for the family member and the employee has exhausted both all of his/her accrued vacation credits and all of his/her accrued sick leave credits which may be used for family care in accordance with the appropriate collective bargaining Agreement. Only donated vacation credits may be used for such family care catastrophic leave. Immediate family members shall be defined in accordance with the definition contained in the sick leave provisions of the collective bargaining Agreement covering the recipient employee.
k. The provisions of this Agreement shall be subject to the grievance procedure contained in the collective bargaining Agreement applicable to the grieving employee.
MANAGEMENT AND ACADEMIC RIGHTS
15.1 The CSU retains and reserves to itself, whether exercised or not, all powers, rights, authorities, duties, and responsibilities which have not been specifically abridged, delegated, or modified by this Agreement. Except as otherwise provided in this Agreement, the Union agrees that the CSU has the right to establish, plan, direct and control the CSU’s missions, programs, objectives, activities, resources, assets and priorities; to establish, administer and revise procedures, rules and regulations, and direct and control University operations; to alter, extend or discontinue existing equipment, facilities, and location of operations; to determine or modify the number, qualifications, scheduling, responsibilities and assignment of employees and all other personnel; to establish, maintain, modify or enforce standards of performance, conduct, order and safety; to evaluate, determine the content of evaluations, and determine the processes and criteria by which employees’ performance is to be evaluated; to establish and require employees to observe CSU rules and regulations; to discipline or dismiss employees; to establish or modify the academic calendars, including holidays and holiday scheduling; to assign work locations; to schedule hours of work; to recruit, hire or transfer; to determine how and by who instruction and other services are delivered; to introduce new methods of instruction; and to exercise sole authority on all decisions involving academic matters.
15.2 Decisions regarding who is provided teaching or other services provided by the CSU, what teaching and other services are provided, how teaching and other services are provided and who provides teaching and other services involve management and academic judgment and shall be made at the sole discretion of the CSU.
16.1 The CSU prohibits discrimination, including harassment, because of any protected status: i.e., age, disability (physical or mental), gender (or sex), gender identity (including transgender), gender expression, genetic information, marital status, medical condition, nationality, race or ethnicity (including color or ancestry), religion (or religious creed), sexual orientation, sex stereotype, and veteran or military status;
All terms used herein are defined in Executive Order 1096 (Revised) or any successor Executive Order.
16.2 An employee who alleges a violation of the CSU systemwide policy prohibiting discrimination, harassment or retaliation (for exercising rights; reporting or opposing protected conduct; assisting or participating in an investigation or proceeding; or assisting someone in reporting or opposing a violation involving discrimination or harassment) shall file their complaint under the procedure described in Executive Order 1096 (Revised), or in any superseding executive order, if applicable.
16.3 An employee may, at any time, file a complaint regarding the same incident giving rise to their discrimination/harassment/retaliation complaint with the Equal Employment Opportunity Commission and/or the Department of Fair Employment and Housing.
16.4 An employee who wishes to make a protected disclosure of an alleged improper governmental activity and/or a significant health or safety threat that has occurred or is occurring at the CSU, shall file their complaint under the procedure described in Executive Order 1115, or in any superseding executive order, if applicable.
16.5 An employee who alleges that they suffered retaliation for making a protected disclosure of an improper governmental activity and/or a significant health or safety threat that has occurred or is occurring at the CSU, shall file their complaint under the procedure described in Executive Order 1116, or in any superseding executive order, if applicable.
17.1 “Personnel File” shall be defined as information (including reports, documents, correspondence and other materials in their entirety or redacted portions) in either paper or electronic format pertaining exclusively to a bargaining unit employee’s employment in the bargaining unit, including employment at the campus during previous appointments in the bargaining unit. Materials related to bargaining unit employee’s coursework, pre-employment materials, campus police records and campus medical records shall not be considered part of the personnel file. Pre-employment materials shall be limited to materials that are part of the recruitment and hiring process with the exception of the application form.
17.2 A bargaining unit employee shall have the right to access all materials in the bargaining unit employee’s personnel file. The personnel file shall be held in confidence. Access to a personnel file shall be limited to persons with official business. The custodian shall log all instances of access to a personnel file.
17.3 The University shall designate the location and the custodian of the file with whom bargaining unit employees or their designated representatives may request access to the bargaining unit employees’ personnel file(s).
17.4 A bargaining unit employee may authorize in writing representatives to review her/his employment file(s). The authorization shall be valid for the period designated in the written authorization or, if no time period is designated, for no more than thirty (30) calendar days.
17.5 The University shall endeavor to provide a bargaining unit employee or her/his representative access to or a copy of the bargaining unit employee’s employment file(s) as soon as practicable, but no later than fourteen (14) calendar days, following the University’s receipt of a written request. One copy of employment file(s) material shall be provided.
17.6 A bargaining unit employee shall be notified of the placement of any material in his/her personnel file within fourteen (14) calendar days.
17.7 If a bargaining unit employee disagrees with evaluative material in her/his file(s), s/he has 30 days from the date of notification of the placement of this material to append material to the file(s). This provision shall also apply to an individual who is no longer employed when the evaluative material is placed in his/her file only if notification is possible. The grievance rights related to the content of an employment evaluation of a bargaining unit employee are defined in Article 8, Employment Evaluation.
17.8 If a personnel file contains factual, non-evaluative information that the bargaining unit employee believes is incorrect the bargaining unit employee may request of the custodian of the file correction of the file(s) within 30 calendar days of notification of the placement of this material. If the custodian of the file denies the request, the bargaining unit employee may append material to the file within fourteen (14) days of the custodian’s denial. This provision shall also apply to an individual who is no longer employed when the evaluative material is placed in his/her file only if notification is possible.
17.9 Personnel actions during the term of an appointment shall be based upon materials in the personnel file. Should the President implement a personnel action that is not based on materials in the personnel file, the reasons for the personnel action shall be reduced to writing and placed in the personnel file within fourteen (14) calendar days of the Personnel Action.
17.10 Records involving the processing of a grievance, such as grievance/appeals, grievance responses, and settlement documents, shall not be placed in the bargaining unit employee’s personnel file(s).
18.1 Salary schedules for employees shall be found in Appendix C and incorporated in this Agreement by reference. An employee shall be assigned a salary rate within the salary range of the appropriate classification. Teaching Associates and Graduate Assistants shall be assigned a monthly salary rate. Instructional Student Assistants shall be assigned an hourly salary rate. Appointment of an employee in the same or consecutive academic year(s) to the same classification in the same department or equivalent unit shall require the same or higher salary placement as in his/her previous appointment.
General Salary Increase
18.2 A General Salary Increase (GSI) is a negotiated percentage increase applied to the minimum and maximum rate on the salary schedule for all bargaining unit classifications and to the individual salary rates of all employees who are actively employed or in leave status on the effective date of the increase.
18.3 For fiscal year 2021/22, the salary of each Teaching Associate employee shall be increased by 2% effective July 1, 2021. The minimum and maximum salary rates for Teaching Associate classifications shall be increased by 19.7% effective January 1, 2022.
18.4 For fiscal year 2022/23, the minimum and maximum salary rates for Teaching Associate classifications shall be increased by 1.3% effective January 1, 2023.
18.5 For fiscal year 2021/22, the salary of each Graduate Assistant employee shall be increased by 2% effective July 1, 2021. The minimum and maximum salary rates for Graduate Assistant classifications shall be increased by 19.7% effective January 1, 2022.
18.6 For fiscal year 2022/23, the minimum and maximum salary rates for Graduate Assistant classifications shall be increased by 1.3% effective January 1, 2023.
18.7 For fiscal year 2021/22, the salary rate of each Instructional Student Assistant shall be increased by 2% effective July 1, 2021. The minimum hourly rate for Instructional Student Assistant classifications shall be increased to $16.00 per hour effective January 1, 2022 and the maximum hourly rate for Instructional Student Assistant classifications shall be increased to $21.42 per hour effective January 1, 2022.
18.8 For fiscal year 2022/23, the minimum hourly rate for Instructional Student Assistant classifications shall be increased to $16.20 per hour effective January 1, 2023 and the maximum hourly rate for Instructional Student Assistant classifications shall be increased to $21.62 per hour effective January 1, 2023.
18.9 Employees who meet the eligibility criteria established by CSU policies shall be provided the option of direct deposit of their pay.
19.1 If the CSU believes that any provision of this Agreement is contrary to law, the CSU shall notify the Union that such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect. The notification shall include the specific reasons why the CSU believes that the provision(s) is contrary to law, including reference to relevant court decisions and/or statutory changes or any other relevant adjudicated rulings by an agency or court of competent jurisdiction.
19.2 In the event that the Union disagrees with the CSU’s belief that the provision(s) is contrary to law, the Union reserves the right to contest the CSU’s determination pursuant to the provisions of Article 10, Grievance Procedure.
19.3 In the event that the Union agrees with the CSU’s belief that the provision(s) is contrary to law, then the parties shall meet and confer in good faith with respect to any provision found to be in contravention of the law, as soon as possible, but no later than thirty (30) days of such request unless the parties mutually agree to extend the date.
Accrual of Sick Leave
20.1 Following completion of one (1) academic qualifying pay period, for a Teaching Associate in an Academic Year classification, or one (1) qualifying pay period, for a Teaching Associate in a twelve (12) month classification, such Teaching Associates shall accrue sick leave with pay pro-rata according to timebase, based on the following formula: (timebase) x (8 hours). Thereafter, for each additional academic qualifying pay period or qualifying pay period, credit for sick leave with pay shall be accrued, based on the formula above.
20.2 The maximum sick leave that can be accrued in one month is 8 hours, from all positions combined. The maximum sick leave that can be accrued in one year is 8 hours per month for 12 months, for a maximum total of 96 hours per year, from all positions combined. Sick leave may be accumulated without limit, and no additional sick leave with pay beyond that accumulated shall be granted.
20.3 Upon request, a Teaching Associate who returns to CSU employment within ten (10) months following the date of separation shall be credited by the campus with his/her sick leave balance at the time of separation from previous CSU employment. If the Teaching Associate is appointed to a classification in which sick leave is not accrued, this provision shall not apply.
20.4 Bargaining unit employees other than Teaching Associates do not accrue sick leave.
Absences Chargeable to Sick Leave
20.5 The use of sick leave may be authorized by the appropriate administrator only when an employee is absent because of:
a. illness, injury, or disability related to pregnancy;
b. exposure to contagious disease;
c. dental, eye, or other physical or medical examinations or treatments by a licensed practitioner; and
d. illness or injury in the immediate family. Sick leave for family care is primarily for emergency situations. Up to five (5) days of accrued sick leave credit may be used for family care during any one (1) calendar year.
20.6 The term “immediate family” as used in this Agreement shall refer to the employee’s spouse or registered domestic partner, parent, child, stepparent, stepchild, or close relative or person residing in the immediate household of the employee (except domestic employee or roomer). Also included in this definition shall be any minor children or incapacitated individuals for whom the employee has primary responsibility or legal guardianship or conservatorship.
Procedure for Requesting Sick Leave
20.7 A Teaching Associate shall be responsible for immediately reporting an absence to the appropriate administrator in compliance with department and campus policies.
20.8 The employee shall be responsible for completing and signing the campus absence form and returning the absence form to the appropriate administrator upon reporting to work.
20.9 Under no circumstances may a Teaching Associate be granted sick leave for days when the Teaching Associate would not normally be paid or during an officially scheduled campus closure, unless the employee is officially scheduled to work during such a closure.
20.10 An employee may be required to provide a physician’s statement or other appropriate verification for absences after three (3) consecutive days charged to sick leave.
Charging Sick Leave
20.11 A Teaching Associate shall be charged sick leave pro-rata according to timebase, as provided in the formula in provision 20.1, for each day he/she was not available to work due to an absence chargeable to sick leave. Sick leave shall be charged for each day, exclusive of days on which the campus is closed, from the onset of such an absence until the employee resumes attendance at the campus or until the employee notifies the appropriate administrator he/she is available to resume work. A Teaching Associate shall not be considered to work more than five (5) days in a seven (7) day period for the purpose of charging sick leave.
SUMMER EMPLOYMENT FOR TAs
21.1 A matriculated graduate student may be appointed to summer term employment as a Teaching Associate separate from an academic year appointment, regardless of whether the graduate student is enrolled for the summer term.
21.2 The contract in its entirety applies to summer Teaching Associate’s, except as modified below:
a. Appointments, Posting, Notification
All of Article 2, Appointments, Posting and Notification shall apply except 2.7 and 2.12. The following provisions will apply instead:
Appointment Notification:Following the hiring decision, the employee will receive a written notice of appointment or reappointment in paper or electronic format (e.g. email or website) no less than thirty (30) days before the start of the appointment.In cases in which a position becomes available less than thirty (30) days before the commencement of the appointment, the aforementioned notice shall be provided as soon as practicable after the decision is made.
Conditions of Appointment:The President may cancel classes based on budget or enrollment.If an appointment is cancelled or reduced based on budget or enrollment, the Teaching Associate shall be compensated on a pro-rata basis for any classes taught.
Those holidays in Article 12, Holidays that fall during summer session shall be observed on the day and in the manner specified.
c. Salary Rate
All of Article 18, Salary, shall apply.
Except on campuses with quarter system year-round operations (QSYRO), the basis for the appointment shall be the number of Weighted Teaching Units (WTU) assigned. The University will rely on existing practices in determining the number of WTU to be credited.
On campuses operating on the semester calendar, including CSU Stanislaus, compensation for Teaching Associates who held appointments as Teaching Associates during the immediately preceding academic year will be based on the salary during the immediately preceding academic year using the following formula:
Salary per WTU = annual full-time equivalent salary/30.
On campuses operating on a quarter calendar (other than QSYRO campuses), compensation for Teaching Associates who held appointments as Teaching Associates during the immediately preceding academic year will be based on the salary during the immediately preceding academic year using the following formula:
Salary per WTU = annual full-time equivalent salary/45
On campuses with quarter system year-round operations (QSYRO campuses), compensation for Teaching Associates who held appointments as Teaching Associates during the academic year, the summer quarter payment will be equal to one-third of the prior academic year salary for the equivalent time base.
An individual who did not have an appointment as a Teaching Associate in the prior academic year may be appointed at any salary within the appropriate summer classification and range.
For a 6 week summer session on a semester campus, an assignment of 6 WTU is equal to a 1.0 time base. This equation applies proportionally to summer sessions of different lengths.
Payments shall be made monthly until conclusion of the summer session in which the work occurred. The University will create a new salary classification to accommodate summer appointments.
22.1 All required training and orientation undertaken during the term of the appointment shall be considered part of the workload for the term. Exceptions to this provision shall be limited to required training per University Executive Orders or mandatory coursework (i.e., courses required of all students in a particular program, which does not include elective courses) for: a) accreditation requirements or b) approved curricular requirements.
22.2 Academic Student Employees will not be required to pay additional tuition or fees as a result of enrolling in or repeating courses (including pedagogy courses) specifically related to training for their position outside of the exceptions listed above.
22.3 For any orientation, training, or meeting required as a condition of employment, that is scheduled outside of the dates of the appointment term, Academic Student Employees shall receive either
a. a separate appointment for the dates of the required orientation, training, or meetings; or
b. an extension of the appointment to cover the dates of the required orientation, training, or meetings.
UNION ACCESS AND RIGHTS
Access via Campus Communications
23.1 Union employee representatives may use their university e-mail account and campus mail for official Union communications in accordance with applicable reasonable university policy and this Article. The Union representative shall package and label materials for convenient handling according to the normal specifications of the campus which shall be communicated upon the request of the representative. Email communications must conform to campus email policies with regards to size and format of the communication sent. The name of the Union shall appear on all materials sent through the campus mail or email service. Employee mailboxes, if any, may be utilized by the Union for purposes of union communications to employees.
Union Access and Activities on Campus
23.2 The Union shall conduct Union business involving employees on campus during individual employee’s non-work-time on campus, except as provided for elsewhere in this Agreement. Union business shall not interfere with campus programs, operations, or the work of employees or other campus personnel.
23.3 As a courtesy, an administrator designated by the campus may be notified in advance via telephone or in writing by a Union representative who is not an employee when such individual visits the campus.
Use of CSU Property/Services
23.4 Based upon availability, the CSU shall provide the Union with one office space per campus with phone lines and high-speed internet access on each campus where employees work. The available office space may be shared with other campus unions. Charges for office space, phone lines and high-speed internet shall be borne by the Union.
23.5 The Union shall have access to existing bulletin boards for the posting of Union material subject to reasonable campus rules.
23.6 The University shall provide the Union access to meeting rooms at no cost based on availability and in accordance with reasonable campus rules. Use of other University equipment property or services shall be provided at reasonable cost, if any, in accordance with reasonable campus rules.
Union Release Time
23.7 Union leave shall be defined as
a. a full or partial leave of absence from an appointment within a UAW-represented classification or
b. an appointment to a UAW classification for purposes as designated by the UAW. Such appointments may only be made to students who are in good academic standing as defined in Article 2.4, and who are either currently employed in Unit 11, or previously have been employed in Unit 11.
Leaves as defined in (a) shall be without loss of compensation or benefits.
Appointments under (b) shall be at the current rate of compensation for Academic Student Employees holding a concurrent appointment in the Bargaining Unit. Where the Academic Student Employee holds multiple concurrent appointments, the appointment and compensation paid under this provision shall be at the highest appointment held.
For Academic Student Employees who do not hold a concurrent appointment within the Bargaining Unit, the appointment shall be at the previous salary of the range and classification in which the student was most recently employed within the Bargaining Unit.
Non-Reimbursable Union Leave
Prior to the start of the academic term, or as soon as practicable, the UAW shall submit to the Chancellor’s Office a list of Academic Student Employees for whom union leave is being requested. Not more than two such union leaves at any one campus may be designated. Such a list shall include the employee's name, campus, title and duration of appointment.
Leave hereunder shall not exceed a total of three (3) Full-Time Equivalent positions per year.
Use of leave under this provision shall only be as designated by UAW and may be partial, or up to the maximum time base of a 0.5 Full-Time Equivalent appointment.
No carry over from one fiscal year to another is permitted.
If a leave is to be ended early and the employee returns to work, UAW shall give the campus a minimum of fourteen (14) calendar days notice.
UAW must report to the CSU when the statewide or campus maximum is reached.
An employee on such a leave shall continue to earn service credit and retirement credit if applicable.
Vacation, holiday and sick leave credit(s) shall continue to accrue if applicable.
Reimbursable Union Leave
Prior to the start of the academic term or as soon as practicable, the UAW shall submit to the Chancellor’s Office a list of Academic Student Employees for whom reimbursable union leave is being requested. Such a list shall include the employee's name, campus, title and duration of appointment. Such leaves shall not exceed an aggregate amount of six (6) Full-Time Equivalent positions per year.
Use of leave under this provision shall only be as designated by UAW and may be partial, or up to the maximum time base of a 0.5 Full-Time Equivalent appointment.
If a leave is to be ended early and the employee returns to work, UAW shall give the campus a minimum of 14 calendar days notice.
No carry over from one fiscal year to another is permitted.
An employee on such a leave shall continue to earn service credit and retirement credit if applicable.
Vacation, holiday and sick leave credit(s) shall continue to accrue if applicable.
The CSU shall be reimbursed by UAW for all compensation (including benefits) paid to the employee during such a leave. Reimbursement shall be made by UAW no later than thirty (30) calendar days from its receipt of the CSU certification of payment of compensation to the employee. The parties agree that failure to reimburse the CSU within thirty (30) calendar days may result in the denial of any subsequent requests for leave under this provision until all delinquent payments have been made.
23.8 Except as otherwise provided by the parties, the CSU, through the Office of the Chancellor, shall provide the following information to the Union by the end of the first week of every month in a computer-readable format in two files containing information on every employee in the unit:
23.9 Employment History Report:
Unique identifier for each employee (formula is confidential)
Original Hire Date
Rate of pay (monthly or hourly, depending on class, reflects FTE)
FTE decimal (will be zero for ISA classes because they are hourly)
Reporting unit code
Reporting unit description
PIMS department code
PIMS department name
Status (active or unpaid leave)
Length of appointment
Appointment expiration date
Undergraduate or Graduate Status
Unique identifier for each employee (formula is confidential)
Reporting unit code
Reporting unit description
Action code (regular pay, supplemental pay, redeposit, accounts receivable, reverse accounts receivable)
Gross monthly pay
Monthly employer contribution for each benefit plan (includes health, flexcash, dental, vision, life, retirement, social security, Medicare)
Dues and Union deductions of any kind, or Agency fees
Pay period (month and year)
23.10 As a condition of providing and having confirmed receipt of the aforementioned information on a monthly basis the CSU and the Union agree that the CSU is under no obligation to provide the identical employee information for the identical period of time more than one time during the life of this Agreement.
23.11 The CSU shall designate the University representatives responsible for responding to Union information requests under HEERA and this Agreement. The Union shall only submit information requests to these designated CSU representatives or their designees.
Reimbursement of Costs
23.12 The Union shall promptly reimburse the University for the reasonable cost of providing information, except for the information identified above, requested pursuant to HEERA, the Public Records Act, or this Agreement.
Publication of the Agreement
23.13 Upon ratification and approval by the parties, the University shall publish the agreement on its website.
23.14 The Union shall be provided 30 minutes to present Union information at campus-wide, college-wide and tutoring center employment orientations. The Union shall also be provided 30 minutes to present Union information at department employment orientations if all of the unit members have not been required to attend an employment orientation as defined above.
23.15 The Union is solely responsible for the content and conduct of the Union presentation. No supervisor, manager or University official shall be present at the Union presentation. The University shall notify the Union in writing of all Campus-wide, college-wide and tutoring center orientations along with contact information at least 10 days prior to the commencement of each orientation.
Union Membership Election Form
23.16 A Union-drafted union membership election form shall be provided to all new employees at the same time as the employee is provided the new employee payroll information (e.g. W-4 and I-9 forms).
23.17 Each campus shall make arrangements with the UAW regarding the method of collecting forms.
23.18 The University will not discourage employees from completing the form or becoming members of the Union.
23.19 Each hiring unit shall be required to post location/schedule information for all Unit 11 employees hired for the semester/quarter by the end of the fourth week of the semester/quarter. The posting shall contain the following: employee name, job title, office location (if applicable), and office hours (if applicable).
24.1 It is the intent of this Article to provide that payroll deductions for Union members be deducted from their pay warrants insofar as permitted by Government Code Section 1153 and as mandated by HEERA. The State Controller’s Office (SCO) will assess the normal service fee for each deduction processed.
Union Dues, Assessments, Initiation Fees
24.2 The CSU/SCO agrees to deduct and transmit to the Union all authorized deductions (dues, assessments, initiation fees) from Union members within Bargaining Unit 11 who have signed and approved authorization cards for such deduction on file with the Union.
24.3 As provided in HEERA, employees shall be free to join or not join the Union.
24.4 Monies withheld will be reported and remitted on a semi-monthly basis to the Union by the SCO in accordance with SCO procedures.
24.5 Should the CSU/SCO fail to deduct Union dues from a Unit 11 employee, the CSU/SCO shall make a remedial deduction from such employees’ earnings during the subsequent monthly payroll cycle. These monies will be remitted to the UAW per 24.4.
24.6 In the event that any remedial deduction is not made and transmitted in accordance with 24.5, the parties shall meet to discuss how the error occurred and what the appropriate remedy should be.
24.7 The CSU will not be financially responsible for payment of remedial dues or initiation fees whenever good faith steps have been taken to make and transmit remedial deductions pursuant to 24.5 and 24.6. This provision expires upon implementation of the SCO’s new payroll system (currently referred to as the 21st Century Project or the MyCalPAYS system).
24.8 The Union agrees to indemnify, defend and hold the CSU/SCO harmless against any claim, of any nature, and against any suit instituted against the CSU/SCO, arising from its payroll deductions of the Union authorized deductions.
24.9 For employees who voluntarily choose to authorize deductions from their payroll warrants to fund political activity via the Union’s VCAP deduction, that amount will be added to the dues amount as processed by the SCO.
24.10 The provisions of HEERA shall govern the deduction of authorized Union deductions following the expiration of this Agreement.
24.11 The University and the Union will develop additional mutually agreeable administrative procedures if necessary to be consistent with SCO procedures.
24.12 A CSU/UAW working group shall meet on a quarterly basis to discuss issues relating to deduction and transmission of dues, assessments, and initiation fees and/or any other issues arising under the terms of this Article. CSU shall be represented in these meetings by the Associate Vice Chancellor (Labor Relations) and other CSU representatives as assigned.
25.1 The provisions of this Article apply only to Teaching Associates in twelve (12) month classifications.
25.2 The provisions of this Article do not apply to other bargaining unit employees.
25.3 Teaching Associates in twelve (12) month classifications shall be entitled to accrue vacation with pay pro-rata according to timebase, based on the following formula: (Timebase) x (16 hours) for each qualifying month of service.
25.4 For purposes of computing vacation credit, a Teaching Associate in a twelve (12) month classification who works eleven (11) or more days in a monthly pay period is considered to have completed a month of qualifying service. When an absence without pay of more than eleven (11) consecutive working days falls into two (2) consecutive qualifying pay periods, one (1) of the pay periods is disqualified.
25.5 An authorized leave of absence without pay shall not be considered service for the purposes of vacation accrual.
25.6 The maximum vacation that can be accrued in one month is 16 hours from all positions combined.
25.7 Vacation credits are cumulative to a maximum of eighty (80) hours.
25.8 Requests for scheduling vacation shall be submitted in writing to the appropriate administrator at least thirty (30) days in advance. Vacations shall be scheduled by mutual agreement of the employee and appropriate administrator. When authorized to do so by the appropriate administrator, a Teaching Associate may take vacation without submitting such a request.
25.9 Upon separation from service or transfer to a classification that is not eligible for vacation, any unused or accumulated vacation shall be paid.
26.1 Teaching Associates, are non-exempt employees who may be appointed up to 1.0 Full time Equivalent. Graduate Assistants are non-exempt employees and CSU policy limits their appointment to no more than 0.5 Full Time Equivalent. Instructional Student Assistants are non-exempt employees and CSU policy limits their work assignment to no more than 20 hours in a week during periods of instruction.
26.2 The University shall pay all Teaching Associations, Graduate Assistants and Instructional Student Assistants for all hours assigned by their supervisor and worked, including time spent in work-related meetings.
Pursuant to Article 2.8 the written notice of appointment will include the appointment time-base percentage (or range of hours for ISA’s) and the number of hours that will be spent in conjunction with the assignment per week. Changes to the appointment time-base percentage (or range of hours for ISA’s) and the number of hours that will be spent in conjunction with the course assignment per week must be authorized in writing by the appropriate administrator.
26.3 When an ISA is assigned and scheduled by their supervisor to tutor a student, the ISA shall be paid for showing up at the scheduled tutoring session if the student fails to show and the ISA was not notified before the start of the scheduled session. In such case, the supervisor may assign other duties to the ISA. The ISA shall be paid for the time period of the scheduled tutoring session.
26.4 The University shall provide Teaching Associates, Graduate Assistants and Instructional Student Assistants a fifteen (15) minute paid break for each four (4) hours worked. The appropriate administrator in accordance with the operational needs of the department shall determine paid break schedules.
26.5 No later than 14 days after the start of an appointment, supervisors shall discuss the scope and pattern of duties with each Unit 11 represented employee prior to the performance of actual duties (see Appendix E).
26.6 All Unit 11 members shall initiate discussions with their supervisor as soon as they anticipate that there may be a problem with performing the Unit 11 member’s assigned duties within the numbers of hours of their appointment in any given week(s). If a Unit 11 member reaches the point where they have worked the maximum number of hours of their appointment in any week, the employee shall stop working and immediately contact their supervisor. No further work that week should be undertaken without the written authorization of their supervisor.
The supervisor will inform the Unit 11 represented employee of the campus procedure to report the absences as necessary and time worked.
Hours of Work
26.7 The full-time workweek is a work week of forty (40) hours within seven (7) consecutive twenty-four (24) hour days. Less than full-time employees shall be assigned hours pro rata and days of work as determined by the President. The workweek shall begin at 12:01 a.m. on Sunday and end at 12:00 midnight the following Saturday.
26.8 Overtime is defined as authorized time worked in excess of forty (40) hours in a workweek of seven (7) consecutive twenty-four (24) hour periods.
26.9 Overtime shall be authorized and assigned in advance by the appropriate administrator.
26.10 Overtime shall be compensated at one and a half times the employee’s regular rate of pay.
26.11 Paid holiday, paid sick leave, and paid vacation time shall be counted as time worked for purposes of the Article.
26.12 All overtime hours worked shall be compensated by cash.
26.13 The only official methods for the computation and accumulation of overtime in this bargaining unit are those provided in this Article.
27.1 Except as otherwise provided in this Agreement, this Agreement shall be effective upon its ratification by both parties. This Agreement shall remain in full force and effect up to and including September 30, 2023.
27.2 Except as specifically provided in this Agreement, neither party shall have any duty to meet and confer for the purpose of modifying terms and conditions of the Agreement.
27.3 Written notice shall be given by either party seeking to commence negotiations on a successor contract no earlier than February 1, 2023, and no later than March 1, 2023.
27.4 The parties shall exchange initial proposals no later than fourteen days before the March 2023 CSU Board of Trustees Meeting.
27.5 As provided for in HEERA, any term(s) of this Agreement that carries an economic cost shall not be implemented until the amount required therefore is appropriated and made available to the CSU for expenditure for such purposes. If less than the amount is needed to implement this Agreement is appropriated and made available to the CSU for expenditure, the term(s) of this Agreement deemed by the CSU to carry economic cost shall automatically be subject to the meet and confer process.