2008 – 2011 AGREEMENT  LOS ANGELES UNIFIED SCHOOL DISTRICT                                                and           UN...
TABLE OF CONTENTSARTICLE                                                          PAGEI.      RECOGNITION                 ...
TABLE OF CONTENTSARTICLE                                                              PAGEIV-A. DUES DEDUCTIONS (continued...
TABLE OF CONTENTSARTICLE                                                                PAGEVIII.   SMALL LEARNING COMMUNI...
TABLE OF CONTENTSARTICLE                                                                     PAGEIX-A. ASSIGNMENTS (contin...
TABLE OF CONTENTSARTICLE                                                                  PAGEX-A.    PEER ASSISTANCE AND ...
TABLE OF CONTENTSARTICLE                                                                  PAGEXI-A. URBAN CLASSROOM TEACHE...
TABLE OF CONTENTSARTICLE                                                               PAGEXII.    LEAVES AND ABSENCES (co...
TABLE OF CONTENTSARTICLE                                                                  PAGEXII-A. ATTENDANCE INCENTIVE ...
TABLE OF CONTENTSARTICLE                                                                     PAGEXIV.   SALARIES (continue...
TABLE OF CONTENTSARTICLE                                                                   PAGEXIV.    SALARIES (continued...
TABLE OF CONTENTSARTICLE                                                                        PAGEXIV.   SALARY POINT CR...
TABLE OF CONTENTS ARTICLE                                                                    PAGE XVII. HOLIDAYS AND VACAT...
TABLE OF CONTENTSARTICLE                                                                 PAGEXIX.    SUBSTITUTE EMPLOYEES ...
TABLE OF CONTENTSARTICLE                                                              PAGEXXII. MULTITRACK SCHOOLS        ...
TABLE OF CONTENTSARTICLE                                                                    PAGEXVI.    STUDENT DISCIPLINE...
TABLE OF CONTENTSARTICLE                                                                 PAGEXXVIII. SAFETY               ...
TABLE OF CONTENTSARTICLE                                                                  PAGEAPP D       SCHOOL CALENDARS...
AGREEMENT               THIS AGREEMENT is made and entered into by and between theBoard of Education of the Los Angeles Un...
Article I - Recognitionterm "personnel" will normally be used in a broader sense to include employeesas defined above plus...
ARTICLE II                           EFFECT OF AGREEMENT              1.0    Effect Upon Negotiations: By this Agreement, ...
ARTICLE III                                      DISTRICT RIGHTS               1.0     General: The intention of this Arti...
Article III – District Rights                f.    Subject to the consultation rights of UTLA under        Government Code...
ARTICLE IV                                      UTLA RIGHTS              1.0     Access: Any authorized UTLA representativ...
Article IV – UTLA Rights                8.0   UTLA Chapter Chairpersons: At each work location to whichemployees are assig...
Article IV – UTLA Rights               g.     Have the right to inspect non-exempt public records        maintained at the...
Article IV – UTLA Rights        certificated itinerant music, art, P.E. teachers, etc., take the chapter        chairperso...
Article IV – UTLA Rights               d.     The Chapter Chair shall have the right to submit a written        position, ...
Article IV – UTLA Rights               d. These committee appointment provisions do not apply to        operational workin...
ARTICLE IV-A                               DUES DEDUCTIONS              1.0  Voluntary Authorizations: The District shall ...
Article IV-A – Dues Deductionsapplicable to UTLA members. As to non-members who object to UTLA spendingtheir agency fees o...
Article IV-A – Dues Deductions                4.5   Indemnity/Hold-Harmless: UTLA agrees to indemnify andhold the District...
ARTICLE V                           GRIEVANCE PROCEDURE              1.0     Grievance and Parties Defined: A grievance is...
Article V – Grievance Procedureaccompanied by another administrator or District representative. By mutualagreement other p...
Article V – Grievance Procedure             7.0     Informal Conference/Intervention Process: Before filing aformal grieva...
UTLA Contract 2008-2011
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UTLA Contract 2008-2011

  1. 1. 2008 – 2011 AGREEMENT LOS ANGELES UNIFIED SCHOOL DISTRICT and UNITED TEACHERS LOS ANGELESC:Usersrobert.samplesDocumentsRob OSR DocumentsCBA-UTLA2008-2011 UTLA CBA Revision2008-2011CONTRACT- 01.03.11.doc
  2. 2. TABLE OF CONTENTSARTICLE PAGEI. RECOGNITION 1 1.0 The Unit 1 1.1 Excluded 1 2.0 Changes to the Unit 1 3.0 “Employees” Defined 1II. EFFECT OF THE AGREEMENT 3 1.0 Effect Upon Negotiations 3 1.1 Revisions to the Agreement 3 2.0 Effect Upon Individual Contracts 3 3.0 Effect Upon District Policies and Rules 3 4.0 Separability and Savings 3III. DISTRICT RIGHTS 4 1.0 General 4 2.0 Consultation Rights 4 3.0 Retained Rights 4 4.0 Effect on Grievance Procedure 5IV. UTLA RIGHTS 6 1.0 Access 6 2.0 Bulletin Boards 6 3.0 Distribution of Material 6 4.0 Released Time For Negotiations 6 5.0 Organizational Leave 6 6.0 Released Time at UTLA Expense 6 7.0 Exclusivity 6 8.0 UTLA Chapter Chairpersons 7 8.1 Released Time for Chapter Chairs 8 9.0 Committee Appointments 10 10.0 Meetings 11 11.0 Recruiting Table 11 12.0 Consultation Rights 11IV-A. DUES DEDUCTIONS 12 1.0 Voluntary Authorizations 12 2.0 Remitted to UTLA 12 3.0 Exclusive to UTLA 12 4.0 Agency Fee/Dues Obligation 12 4.2 Religious Exemption from Agency Fee Obligation 132008-2011 LAUSD/UTLA CBA 01-03-2011 i
  3. 3. TABLE OF CONTENTSARTICLE PAGEIV-A. DUES DEDUCTIONS (continued) 4.3 Implementation Dates 13 4.5 Indemnity/Hold-Harmless 14V. GRIEVANCE PROCEDURE 15 1.0 Grievance and Parties Defined 15 2.0 Representation Rights 15 3.0 Released Time Employees and UTLA Representatives 16 4.0 Confidentiality 16 5.0 Effect of Time Limits 16 6.0 “Day” Defined 16 7.0 Informal Conference/Intervention Process 17 8.0 Step One 17 9.0 Step Two 18 11.0 Request for Arbitration 18 12.0 Selection of Arbitrator 18 13.0 Optional Preliminary Hearing on Issues Which Do Not Involve Merits of Grievance 18 14.0 Scheduling Hearings and Decisions 19 15.0 Expedited Proceedings 19 16.0 Documents and Witness Lists 19 17.0 Conduct of Hearings 20 18.0 Limitations Upon Arbitrators 20 19.0 Effect of Arbitration Award 20 20.0 Expenses 20 21.0 Grievance Files 20 22.0 No Reprisals 21 23.0 Special Grievance Procedure for Non-Unit Members 21V-A. ALTERNATE GRIEVANCE PROCEDURE 22 1.0 General 22 2.0 Steps of this Procedure 22 3.0 Joint Panels 23VI. WORK STOPPAGE 24VII. NON-DISCRIMINATION 25VIII. SMALL LEARNING COMMUNITIES 26 1.0 Central Small Learning Community Committee 26 2.0 Process for Conversion Schools 27 3.0 Process for New Construction Schools 27 4.0 Staffing, Vacancies and Transfers 272008-2011 LAUSD/UTLA CBA 01-03-2011 ii
  4. 4. TABLE OF CONTENTSARTICLE PAGEVIII. SMALL LEARNING COMMUNITIES (continued) 5.0 Protection of Employee Rights 28 6.0 SLC Leadership 28 7.0 SLC Taskforce 29IX. HOURS, DUTIES AND WORK YEAR 30 1.0 General Workday Provisions 30 2.0 Sign-in and Sign-out 30 3.0 Minimum On-Site Obligation 30 4.0 Other Professional Duties 32 4.3 Faculty, Departmental, Grade Level, Staff Development and Committee Meetings 33 4.4 Meeting on the Two Pupil-Free Days 33 4.5 Required Orientation Inservice for Teachers 33 5.0 Duty-Free Lunch 34 6.0 Secondary Preparation Period 34 7.0 Elementary Preparation Period 34 7.5 Elementary Supervision Time 35 8.0 Additional Special Education Non-classroom Time 36 9.0 Variations and Experimental Situations 37 10.0 Work Year 37 11.0 Special Provisions 41IX-A. ASSIGNMENTS 43 1.0 General 43 2.0 Uniform Staffing Procedures For All K-12 Schools 43 2.1 Staffing Procedures After Initial Selection Through The Fifth Week of School or Track 47 2.2 Staffing Procedures For Spring Semester or Subsequent Tracks in Secondary Schools 48 3.0 Department and Grade Level Chairpersons 48 4.0 Determination of Whether There Shall Be Coordinator or Dean Positions at School Sites 48 5.0 Required Elections of School-site Coordinators and Deans 49 5.1 Job Description and Eligibility for School Site Election of Coordinators and Deans 50 6.0 Coordinator Selection Procedure at School Sites 50 7.0 Dean Election Procedure at School Sites 51 8.0 Filling Vacancies After Norm Day 52 9.0 Five-Year Out-Of-Classroom Assignment Limitations at School Sites 53 10.0 Five-Year Out-Of-Classroom Assignment Limitations at Non-School Sites 532008-2011 LAUSD/UTLA CBA 01-03-2011 iii
  5. 5. TABLE OF CONTENTSARTICLE PAGEIX-A. ASSIGNMENTS (continued) 11.0 Secondary Counselor Reassignment [to Teaching Position] 55 12.0 Request for Assignment for Unit Members Reporting to Health and Human Services 55IX-B. PROFESSIONAL DEVELOPMENT 56 1.0 Purpose and Goals 56 2.0 Banked Time for Professional Development 57 3.0 Professional Development Advisory Committee 58 4.0 Program Evaluation 60 5.0 Common Planning for Middle Schools 60IX-C. INSTRUCTIONAL COACHES 61 1.0 General 61 2.0 Qualifications, Duties, Assignment Basis and Compensation 61 3.0 Selection Process 61 4.0 Terms of Service and Return Rights 62 5.0 Program Evaluation 62 6.0 Confidentiality 62X. EVALUATION AND DISCIPLINE 63 1.0 Purpose 63 2.0 Evaluator 63 3.0 Frequency 63 4.0 Establishment of Objectives 64 5.0 Observations, Records, and Assistance 65 6.0 Final Evaluation Report 65 6.3 Grievances 65 7.0 Inadequate Service by Substitutes 66 8.0 Evaluation of Substitutes 66 8.2 Evaluation of Limited-Term Personnel 66 8.3 Examination References 66 8.4 Evaluation Request Upon Separation of Employment 67 9.0 Access & Response to Critical Material In Personnel Files 67 10.0 Pre-disciplinary Matters 67 11.0 Notices of Unsatisfactory Service or Act, and Suspension 68 12.0 Accountability for Individual Bargaining Unit Member Quality 70 13.0 Suspension or Reassignment Due to Mental Incompetence 70 14.0 Arrest Procedures 70 15.0 Procedures Relating to Alleged Child Abuse 712008-2011 LAUSD/UTLA CBA 01-03-2011 iv
  6. 6. TABLE OF CONTENTSARTICLE PAGEX-A. PEER ASSISTANCE AND REVIEW (“PAR”) 72 1.0 General 72 2.0 Program Description 73 3.0 Program Support 73 4.0 Consulting Teacher Qualifications and Selection Criteria 74 5.0 Consulting Teacher Duties and Responsibilities 76 6.0 PAR Panel Qualifications and Selection 77 7.0 PAR Panel Duties and Responsibilities 77XI. TRANSFERS 79 1.0 Transfer Defined 79 1.1 Types of Transfers 79 1.2 Limitations 79 1.3 Compliance with SB 1665 (Scott Bill) 79 2.0 Administrative Transfers 79 2.1 Mediation Process 79 3.0 Teacher Integration Transfer Program 80 5.0 Voluntary Teacher-Initiated Transfer Program 81 6.0 Displacement - Over-Teachered Schools 81 6.1 Displacement - Non School-based Support Service Personnel and Driver Safety Instructors 83 6.2 District Seniority Number 84 7.0 District-wide Transfer List 84 7.5 Contract Waivers 84 8.0 Medical or Hardship Exemptions - General 85 8.1 Hardship Appeals 85 8.4 Medical Appeals 86 9.0 Employee Initiated Transfers - Employees Time-reported From Central or Regional Locations 87 10.0 Employee Initiated Transfers - Early Education 89 11.0 Vacant Positions 89 12.0 Return Rights 90 13.0 Voluntary Continuous Service Transfers, K-12 Program 91 14.0 Temporary Assignments 93 15.0 Transfer Assignments Priority 93 16.0 School Closures, Reconfigurations, Boundary Changes And Other Actions which result in Movement of Groups of Students 95 17.0 Year-Round School Opt Out 972008-2011 LAUSD/UTLA CBA 01-03-2011 v
  7. 7. TABLE OF CONTENTSARTICLE PAGEXI-A. URBAN CLASSROOM TEACHER PROGRAM (UCTP) 98 1.0 Condition Precedent 98 2.0 Selection of Schools 98 3.0 Eligibility for UCTP 98 4.0 Selection, Assignment and Reassignment of UCTP Staff 98 5.0 Duties and Responsibilities 99 6.0 Differential Payments 100 7.0 Substitute Teachers 100XI-B. MASTER PLAN PROGRAM 102 1.0 Minimum Requirements for Participation in Bilingual Master Plan Program 102 2.0 Culture and Methodology Incentive Stipends 102 3.0 Master Plan Salary Differentials 103 3.1 Qualifications for BCLAD/BCC-Level Salary Differential 104 3.2 Qualifications for Alternative Certification Employees 105 3.3 Qualifications for A-Level Salary Differential 105 3.4 Additional Qualifications for Both BCLAD/BCC-Level and A Level Salary Differentials 105 3.5 Non-Classroom, Itinerant or Non-School Employees 106 3.6 Date of Eligibility for Salary Differentials 107 3.7 Condition Precedent 108 3.9 Committee Review 108 3.10 Availability of Competency Exams 108 4.0 Special Dispute Resolution Process for Secondary Teachers 108XI-C. TITLE I PROGRAM 109 1.0 Recognition 109 2.0 Schoolwide Program 109 2.1 School-based Program 109 3.0 School-based Management 109 4.0 Improvement of Student Attendance 109XII. LEAVES AND ABSENCES 110 1.0 Leave and Absence Defined 110 2.0 General Eligibility Provisions 110 3.0 Rights Upon Return 111 4.0 Restrictions 111 5.0 Application 112 6.0 Notification Requirements 112 7.0 Cancellation of Leave 1122008-2011 LAUSD/UTLA CBA 01-03-2011 vi
  8. 8. TABLE OF CONTENTSARTICLE PAGEXII. LEAVES AND ABSENCES (continued) 8.0 Expiration of Leave 112 8.1 Return from Leave - Medical Review Committee 113 9.0 Bereavement (Paid) 113 10.0 Pregnancy and Related Disability (Paid and Unpaid) 114 10.1 Paid Disability Absence 114 10.2 Optional Unpaid Portion 114 10.3 Physician Certifications 114 11.0 Child Care (Unpaid) 114 12.0 Illness (Paid) 115 12.11 Catastrophic Illness Leave Program 116 13.0 Industrial Injury or Illness (Paid) 117 14.0 Personal Necessity Leaves or Absence (Paid) 118 15.0 Sabbatical Leave (Paid) 120 16.0 Exchange Leave 122 17.0 Personal Leave (Unpaid) 123 18.0 Government Ordered Leaves (Commissions, Military, Witness, and Jury Service) 123 19.0 Conference and Convention Attendance 125 20.0 Substitute Leave 125 21.0 Half-Time Leave 125 21.1 Half-Time Assignment 126 22.0 Reduced Workload Leave 126 23.0 Disability Leave or Absence 128 24.0 Family Care and Medical Leave/Absence 128 24.1 Definitions 129 24.2 Length of Leave 129 24.3 Approval 130 24.4 Notification and Scheduling 130 24.5 Medical Certification - Family 131 24.6 Medical Certification - Employee 131 24.7 Restrictions 131 24.8 Compensation and Benefits 131 24.9 Seniority 132 24.10 Return Rights 132XII-A. ATTENDANCE INCENTIVE PLAN 133 1.0 General 133 2.0 Eligibility 133 3.0 Computation of Annual Incentive Payment 133 4.0 Annual Cash Payment to Employee 134 5.0 Annual Payment to Attendance Incentive Reserve Fund 1342008-2011 LAUSD/UTLA CBA 01-03-2011 vii
  9. 9. TABLE OF CONTENTSARTICLE PAGEXII-A. ATTENDANCE INCENTIVE PLAN (continued) 6.0 Eventual Distribution of Reserve Fund Payments and Earnings 135 7.0 Deductions from Employee’s Reserve Fund Account 135 7.1 Attendance Incentive Plan Penalty Clause 135 8.0 Fund Administration 135 9.0 Contingency 136 10.0 Reciprocal Coverage 136XII-B. CHARTER SCHOOLS 139 1.0 Introduction 139 2.0 Charter Application Procedures 139 3.0 Full Disclosure by Charter Schools 140 4.0 Opt Out Rights 142 5.0 Charter School Leave (Unpaid), in General 142 6.0 Compensation and Other Employment Rights While on Charter School Leave 143 7.0 Continued Health Benefits Plan Participation 144 8.0 Union Relations, Fees and Contractual Obligations 145 9.0 Performance Problems During Charter School Employment 146 10.0 Re-affiliation of a Conversion Charter School With the District 146XIII. GRANTING OF PROBATIONARY CONTRACTS, REDUCTION IN FORCE AND REASSIGNMENT, AND RESIGNATION/ REINSTATEMENT 147 1.0 Granting of Probationary Contracts 147 2.0 Subjects to Which Probationary Teachers May Be Assigned 147 3.0 Reductions in Force - Order of Termination 148 4.0 Notices of Termination 149 5.0 Seniority Date 149 6.0 Reduction in Force Defined 149 7.0 Re-employment List 150 8.0 Order of Re-employment 150 9.0 Special Services Salary Table - Termination or Reassignment 150 10.0 Reduction-in force for Counselor, Elementary School 151 11.0 Reduction-in-Force for Secondary Counselors 151XIV. SALARIES 153 1.0 Salaries 153 1.1 Full-Time Basic Assignments 1532008-2011 LAUSD/UTLA CBA 01-03-2011 viii
  10. 10. TABLE OF CONTENTSARTICLE PAGEXIV. SALARIES (continued) 1.2 Retirement Bonus 154 2.0 Allocation of Employees Carried Over from the Preceding School Year 155 3.0 Minimum Requirements for the Preparation Salary (T and L) Tables 155 4.0 Allocation to Early Education Center and Development Center Salary Tables 155 5.0 Allocation to Preparation Salary (T) Table - Rating-in Of Employees Serving Under Regular Credentials 155 7.0 Allocation to and within the Preparation, Early Education Center, and Development Center Salary Tables 156 8.0 Allocation to Preparation (L) Salary Table - - Rating in of Employees Serving Under Alternative Certification 158 9.0 Salary Rates for Employees on Leave to Substitute 159 10.0 Transfer to the Preparation, Early Education Center, or Development Center Salary Table 159 11.0 Allocation to an Hourly Rate Salary Schedule 160 12.0 Step Placement for Junior Reserve Officer Training Corps Employees 160 13.0 Rating-in for Approved Training and Experience 161 14.0 Approved Experience 162 15.0 Return to Service - Salary Restoration 165 16.0 Step Advancement 165 17.0 Schedule Placement or Advancement on the Preparation Salary (T and L) Tables (Schedule 20 through 27) 166 18.0 Schedule Advancement – Early Education Center and Development Center Salary Tables 167 20.0 Schedule Advancement and Degree Differential 167 21.0 Eligibility for Degree Differential 168 22.0 Courses on Multicultural Understanding Required 169 23.0 Eligibility for Career Increments 169 23.1 Preparation Salary Tables 170 23.2 Special Services Salary Table 170 23.3 Early Education Center Salary Table 171 23.4 Development Center Salary Table 171 24.0 Salary Differentials 171 25.0 Auxiliary Teachers 174 26.0 Demonstration Teachers 174 27.0 Registration Advisers 174 28.0 Replacement Teachers 174 29.0 Training Teacher 175 30.0 Payroll Errors - Limitations Upon Recovery 176 30.1 Salary Overpayments 176 31.0 Payroll Errors - Prompt Corrections 177 32.0 Payday 1772008-2011 LAUSD/UTLA CBA 01-03-2011 ix
  11. 11. TABLE OF CONTENTSARTICLE PAGEXIV. SALARIES (continued) 32.1 Annualized Pay 177 33.0 Mileage 177 33.1 Student Interaction Program Camp Counselors 177 34.0 Employer “Pick-up” of Employee Contributions to State Teachers’ Retirement System (STRS) 178 35.0 Home School Teachers (Contract Employees) 178 35.1 Home School Assignments 179 35.2 Home School Teacher Hours and Benefits 179 35.3 Part-Time Home School Teachers (Non-contract employees) 180 36.0 Night Continuation High School (Regular Program)Teachers 180 37.0 National Board Certification (NBC) 180 38.0 Competitive Compensation and Budget Recommendations Panel 181XV. SALARY POINT CREDIT 183 1.0 Requirements for Salary Point Credit on the Preparation Salary Table 183 1.1 Salary Point Credit on the Preparation Salary Table - - General Policy 183 1.2 Salary Point Credit Guidelines 183 1.3 Examples of Approved Coursework 184 1.4 Relevance of Training - Appeal Panel 185 2.0 Basis for Salary Point Allowance 185 3.0 Unit of Measurement for a Salary Point 185 3.1 Distance Learning 186 4.0 Point Credit for Study Completed Prior to Effective Date of Assignment 186 5.0 No Credit During Paid Time 186 6.0 No Credit for Study Used to Meet Minimum Requirements 187 7.0 Point Credit for Study in Accredited Institutions of Higher Learning 187 8.0 Credit for Study in Schools Other than Accredited Institutions of Higher Learning 187 8.2 Joint District/UTLA Salary Point Credit Committee 187 8.3 Joint District/UTLA Salary Point Credit4 Committee Responsibilities 188 9.0 Provisions for Staff Development Point Projects 188 10.0 Planning and Scheduling Professional Development Point Project Classes Responsibility 189 11.0 Responsibility for Conducting Professional Development Point Project Classes 1892008-2011 LAUSD/UTLA CBA 01-03-2011 x
  12. 12. TABLE OF CONTENTSARTICLE PAGEXIV. SALARY POINT CREDIT (continued) 12.0 Selection and Payment of Instructors for Professional Development Point Project Classes 189 13.0 Responsibility of Instructors for Professional Development Point Project Classes 189 14.0 Size of Point Project Classes 190 15.0 Fees for Point Projects 190 16.0 (Effective April 26, 2005) Course Requirements for Professional Development Point Project Classes 190 17.0 (Effective April 26, 2005) Salary Point Credit for Participation in Professional Development Point Project Classes 190 18.0 Salary Point Credit for Educational Travel Projects 191 19.0 Point Credit for Educational Work Experience Projects 192XVI. HEALTH AND WELFARE 194 1.0 District Contribution Obligations 194 2.0 Plan Revisions Through the District-wide Health and Welfare Committee 195 2.1 HBC recommendations/Coordinated Negotiations/Dispute Resolution Process 196 3.0 Eligibility for Plans 199 4.0 Retirement Benefit Coverage 200 5.0 Enrollment 201 6.0 Continuation of Enrollment 205 7.0 Termination of Enrollment 205 8.0 Conversion of Enrollment 206 9.0 COBRA 206 10.0 Miscellaneous Provisions 207 10.5 Extended Medical Leave 208 10.6 STRS Counseling 208 10.7 Section 12.5 Plan 208XVII. HOLIDAYS AND VACATION 209 1.0 Holidays 209 2.0 Holiday Pay - Substitute Employee Reassigned as a Probationary of Permanent Employee 209 3.0 Payment for Holidays 209 3.1 Adult Ed. Holiday Pay 209 6.0 Vacation Allowance for A Basis Employees 210 6.3 Time for Taking Vacation 213 6.4 Amount of Vacation - Rate of Allowance - Effect of Change in Status 213 6.5 Vacation Payment Upon Termination of Service 213 6.6 Vacation Upon Change in Basis of Assignment 2132008-2011 LAUSD/UTLA CBA 01-03-2011 xi
  13. 13. TABLE OF CONTENTS ARTICLE PAGE XVII. HOLIDAYS AND VACATION (continued) 6.7 Lump-sum Payment for Accumulated Vacation Upon Change from Vacation-Earning to Non-vacation Earning Assignment Basis 213 6.8 Vacation - Substitute Status 214 XVIII. CLASS SIZE 215 1.0 General Provisions 215 1.6 Class Size Arbitration Procedures 216 2.0 Regular Program Class Averages 217 3.0 Student Integration Program Class Averages 217 4.0 Distribution of Students Within Grade Levels, Departments and Classes 219 5.0 Early Education Centers 219 6.0 Special Education 219XVIII-A. 2007-2008 THROUGH 2009-2010 FRAMEWORK FOR ADDRESSING CLASS SIZE REDUCTION ISSUES 220 1.0 General 220 2.0 Contractual Class Size Reduction Efforts 220 3.0 Contractual Class Size “Flexible Caps” 221 4.0 EIA – Class Size Reduction Concept 222 5.0 Joint Class Size Task Force 223XIX. SUBSTITUTE EMPLOYEES 224 1.0 Salary and Benefit Provisions 224 2.0 Paid Nonworking Days 225 3.0 Incentive Plan 226 3.1 Eligibility 226 3.2 Priority for Selection 226 3.3 Incentive Substitute Assignment Procedures 226 4.0 Day-to-Day Substitutes Extended 227 5.0 Assignment Procedures for Non-Incentive Plan Substitutes 227 5.1 Accepting Assignments 228 5.3 Calling Priority Order 229 5.4 Assignments During Z Basis Periods 230 5.6 Standby Lists 230 6.0 Late Arrivals 231 7.0 Time Reporting 232 8.0 Release from Assignment 232 9.0 Duties 232 10.0 Information 233 2008-2011 LAUSD/UTLA CBA 01-03-2011 xii
  14. 14. TABLE OF CONTENTSARTICLE PAGEXIX. SUBSTITUTE EMPLOYEES (continued) 11.0 Evaluation and Inadequate Service Reports 233 12.0 Other Calling Lists 233 13.0 Remote Telephone Call Forwarding Service 233 14.0 Reorganization/Redesign of the Substitute Unit 233XX. SUMMER/WINTER SESSION 234 1.0 General 234 2.0 Eligibility 234 3.0 Selection -- Secondary Schools, First Round 235 4.0 Selection -- Secondary Second and Third Round 236 5.0 Selection -- Elementary Schools, All Rounds 236 6.0 Displacements 236 7.0 Salary 237 8.0 Hours and Duties 237 9.0 Selection - Special Education Schools and Special Day Classes 237 10.0 Voluntary Intersession - Multitrack Secondary Schools 238 11.0 Special Grievance Provision 238 12.0 Summer Session Adult Education 238 13.0 Elementary School – Intervention/Extended Learning Program 240 13.1 Mandatory Student Summer Session/Multitrack Intersession Elementary 241 13.2 Mandatory Student Summer School/Multitrack School Intersession/Intervention Selection - Elementary 241 14.0 Secondary School Intervention/ Extended Learning Programs 242XXI. ADULT AND CAREER EDUCATION 243 1.0 General 243 2.0 Employment Contracts 243 3.0 Non-Contract Personnel -- Release During Term of Assignment 244 4.0 Staffing Procedures for Part-Time and Other Untenured Full-time Positions 244 5.0 Staffing Procedures for Tenured Positions 247 6.0 Class Size Maximums 248 7.0 Class Size Minimums 248 10.0 Miscellaneous 249 11.0 Allocation to an Hourly Rate Salary Schedule 2502008-2011 LAUSD/UTLA CBA 01-03-2011 xiii
  15. 15. TABLE OF CONTENTSARTICLE PAGEXXII. MULTITRACK SCHOOLS 251 1.0 General 251 2.0 Work Year 251 3.0 Staffing and Transfers 252 4.0 Displacement - Return Rights 252 5.0 Notice Requirements Relating to Schedule Changes 252 5.1 Assignment of Non-classroom Employees 252 5.2 Employee Accommodation 252 6.0 Regular Teachers Serving as Substitutes 252 7.0 Exchange of Teaching Track Assignments 253 8.0 Exchange Days 253 9.0 Communication 254 10.0 Coordinating Differentials 254 11.0 “Roving” Teacher Defined 254 12.0 Relief from Non-Instructional Duties 254 13.0 Moving and Storage 255 14.0 Classroom Sharing 255 15.0 Pilot Program for Specialized Off-Track Services 255 16.0 Multitrack School Committee 255 17.0 Library Media Teacher Assignments 256XXIII. EARLY EDUCATION CENTERS 257 1.0 General 257 2.0 Informal Leaves 257 3.0 Mileage 257 4.0 Transfers Involving 8-Hour Assignments 257 5.0 Additional Hours of Work 257 6.0 Seniority List 258 7.0 Vacation Scheduling 258 8.0 Late Hours 258 9.0 Excused Time 258 10.0 Additional Compensation 258 11.0 Chapter Chair Meetings 259 12.0 Substitutes 259XXIV. STUDENT DISCIPLINE, LEGAL SUPPORT AND PROPERTY LOSS 260 1.0 Codes of Student Conduct 260 2.0 Student Suspensions 260 3.0 Legal Assistance and Support 262 4.0 Notification to Teachers Regarding Past Misconduct By Student 262 5.0 Loss, Destruction, Damage, Theft and Vandalism 2632008-2011 LAUSD/UTLA CBA 01-03-2011 xiv
  16. 16. TABLE OF CONTENTSARTICLE PAGEXVI. STUDENT DISCIPLINE, LEGAL SUPPORT AND PROPERTY LOSS (continued) 5.1 Liability for Employees Whose Duties Require Transportation of Students in the Employee’s Own Vehicle 264 5.6 Student Expulsion 265XXV. ACADEMIC FREEDOM AND RESPONSIBILITY 266 1.0 Lesson Content 266 1.1 Guest Speakers 266 1.2 Appeal Procedure 266 2.0 Ownership of Materials and Publications 267 3.0 Determination of Grades 268XXVI. MENTOR TEACHER PROGRAM 269 1.0 General 269 2.0 Budget 269 3.0 Mentor Selection Committees 269 4.0 Mentor Applicants 270 5.0 Term of Mentor Service 270 6.0 Assignments of Mentors 271 7.0 Duties and Responsibilities 272 8.0 Pay 273 9.0 Miscellaneous 273XXVII. SHARED DECISION MAKING & SCHOOL-BASED MANAGEMENT 275 1.0 General 275 2.0 Shared Decision Making -- Local School Leadership Councils 275 2.1 Composition 275 2.2 Itinerant Personnel Advisory Committee 278 2.3 Alternates 278 2.4 Functions and Responsibilities 278 2.5 Decisions 280 2.6 Agenda 280 2.7 Meetings 280 2.8 Election Procedures for Employee Representatives 281 2.9 Election Procedures for Parent/Community Representatives 282 3.0 School-Based Management 2842008-2011 LAUSD/UTLA CBA 01-03-2011 xv
  17. 17. TABLE OF CONTENTSARTICLE PAGEXXVIII. SAFETY 287 1.0 General 287 2.0 Environmental Health, Safety and Violence Prevention Joint Committee 289 3.0 Renovation, Modernization and New Schools 289 4.0 Special Grievance Procedures 290 5.0 Emergency Closure 290 6.0 Employee/District Responsibility 290XXIX. DRIVER TRAINING 291XXX. SPECIAL COMMITTEES 292XXXI. MISCELLANEOUS 293 1.0 Counseling Services 293 2.0 Facilities for Support Services Employees 293 4.0 Special Education Facilities 293 5.0 Special Education Moving Assistance 293 6.0 IEP Meetings 293 6.1 Special Education Trainee/Assistant Interview Process 294 7.0 Special Education Resources Notebook 294 8.0 Continued Assignment of Aides and Teacher Assistants To a Teacher 294 9.0 Access to School Facilities 294 10.0 House Leaders 294XXXII. TERM OF AGREEMENT 295 1.0 Term 295 2.0 Negotiations During Life of Agreement 295 3.0 Negotiations for Successor Agreement 297 4.0 Pre-July 1 Changes 297APP A OPTIMUM CLASS/CASELOAD NORMS AND PROCEDURES TO OPEN, CLOSE OR RELOCATE SPECIAL EDUCATION SPECIAL DAY OR RESOURCE SPECIALIST CLASSES 298 SUPPLEMENTAL TO APPENDIX A - Special Education Interns 301APP B TEACHER INTEGRATION TRANSFER PROGRAM 302APP C REQUEST FOR ASSIGNMENT FOR UTLA UNIT MEMBERS REPORTING TO HEALTH AND HUMAN SERVICES 3032008-2011 LAUSD/UTLA CBA 01-03-2011 xvi
  18. 18. TABLE OF CONTENTSARTICLE PAGEAPP D SCHOOL CALENDARS D-1 2010-2011 304APP E SALARY TABLES AND RATES 310 1.0 Development Center (V) Salary Table 310 2.0 Early Education Center (C) Salary Table 310 3.0 Preparation (T and L) Salary Table 311 4.0 Special Services (D) Salary Table 315 5.0 Hourly Rate (THR) Schedule 317 6.0 Flat Hourly Rates 317 7.0 Regular (Hourly) Schedule Rates 317 8.0 Differential Salary Rates 318 9.0 Stipends 321 10.0 Day-to-Day Substitutes 322 10.1 Employees Serving in Place of Preparation Salary Table Employees 322 10.2 Employees Serving in Place of Development Centers/ Early Education Center Salary Table Employees 322INDEX 3332008-2011 LAUSD/UTLA CBA 01-03-2011 xvii
  19. 19. AGREEMENT THIS AGREEMENT is made and entered into by and between theBoard of Education of the Los Angeles Unified School District, which togetherwith its administrative staff and representatives will be referred to in thisAgreement as the "District," and United Teachers Los Angeles, which togetherwith its officers and representatives will be referred to in this Agreement as"UTLA." UTLA is affiliated with the California Teachers Association, CaliforniaFederation of Teachers, National Education Association and the AmericanFederation of Teachers/AFL-CIO. This Agreement is entered into under authorityof Government Code Section 3540.1(h). ARTICLE I RECOGNITION 1.0 The Unit: Pursuant to applicable California statutes andregulations, UTLA has been certified as the exclusive representative for thefollowing employees of the District: Included: Certificated employees, except those excluded in Section1.1, who are in the broad classification of Teacher; Instructor; Library MediaTeacher; Counselor; Adviser; Audiologist; Audiometrist; Hygienist; Non-classroom Assignment, Preparation Table; Non-school Assignment, PreparationTable; Nurse; Optometrist; Psychologist; Social Worker; Teacher-Adviser;Teacher-Counselor; Therapist; or Driver Safety Instructor. 1.1 Excluded: All day-to-day substitutes who were paid forfewer than 100 days during the preceding school year; all part-time adulteducation teachers, including ROC/ROP and specially-funded adult educationteachers, who are assigned for fewer than ten hours per week; all othercertificated classifications not referred to in Section 1.0, including those in theclassification or status of Chest Specialist, Counseling Assistant, Psychiatrist,School Dentist, School Physician and Teacher Assistant; all classified personnel;all unclassified personnel; all supervisory personnel; and all management andconfidential employees as designated by the Board of Education. 2.0 Changes to the Unit: The parties agree that this representsthe appropriate unit. It may be revised only by mutual agreement or by a PublicEmployment Relations Board unit clarification decision, but it is agreed that theparties may file for a unit clarification proceeding involving this unit only when theDistrict creates new classifications or substantially changes the responsibilities ofan existing classification. Alleged violations of this Article are not subject to thegrievance and arbitration procedures of Article V. 3.0 "Employee" Defined: Unless the context clearly indicatesotherwise, the terms "employee" or "employees" will normally be used in thisAgreement to indicate persons who are included within the above unit, and the2008-2011 LAUSD/UTLA CBA 01-03-2011 1
  20. 20. Article I - Recognitionterm "personnel" will normally be used in a broader sense to include employeesas defined above plus all other persons utilized by the District to provideservices.2008-2011 LAUSD/UTLA CBA 01-03-2011 2
  21. 21. ARTICLE II EFFECT OF AGREEMENT 1.0 Effect Upon Negotiations: By this Agreement, the partiesresolve all outstanding bargaining issues between them, and jointly recognize fulland complete performance and satisfaction of their bargaining duties except asexpressly provided below. This Agreement completes negotiations between theDistrict and UTLA for the term hereof and embodies their entire agreement andunderstanding. However, there shall be negotiations during the term of thisAgreement as follows: a. Limited reopener negotiations and negotiations for a successor agreement pursuant to Article XXXII, Sections 3.0 and 4.0; b. Negotiations regarding the means of compliance with decisions or laws which have invalidated a portion of this Agreement as provided in Section 4.0 of this Article; and c. Any other subjects which UTLA and the District may mutually agree to negotiate. 1.1 Revisions to the Agreement: As a result of negotiationspursuant to Section 1.0 above, the District and UTLA may change or supplementany provisions of this Agreement by mutual written agreement; accordingly, noemployee shall be deemed to have a vested right to retain any provision of thisAgreement. 2.0 Effect Upon Individual Contracts: Any individual contractbetween the District and an employee dealing with services covered by thisAgreement shall be subject to and consistent with the terms and conditions ofthis Agreement. If an individual contract contains any terms inconsistent with thisAgreement, then this Agreement shall be deemed controlling. However, asprovided in Article XXXII, Section 5.0, this Agreement does not establishindividual annual contracts. 3.0 Effect Upon District Policies and Rules: The District maydetermine and revise any of its policies, rules, regulations, or procedures.However, in the event of a conflict between the terms of this Agreement and anyDistrict policies, rules, regulations or procedures, the terms of this Agreementshall prevail. 4.0 Separability and Savings: If any provision of this Agreementshould be held invalid by operation of law or by any tribunal of competentjurisdiction, the remainder of this Agreement or the application of such provisionas to persons or circumstances other than those as to which it has been heldinvalid or as to which compliance with or enforcement of has been restrained,shall not be affected thereby. In such event, the District and UTLA shall, uponrequest of either. party, commence negotiations regarding the means ofcompliance with such law or decision.2008-2011 LAUSD/UTLA CBA 01-03-2011 3
  22. 22. ARTICLE III DISTRICT RIGHTS 1.0 General: The intention of this Article is to provide that theDistrict retains all rights and powers which have not been limited by the otherArticles of this Agreement. The provisions of this Article are not intended toexpand the rights of the District beyond statutory and constitutional limits, or inany manner to waive or diminish the rights of UTLA or the employees asprovided in the other Articles of this Agreement. In the event that there is aconflict between the retained rights of the District under this Article and the rightsof UTLA or employees as set forth elsewhere in this Agreement, the provisions ofthe other Articles of this Agreement shall prevail. 2.0 Consultation Rights: Certain of the rights of the District setforth in this Article are subject to the consultation rights of UTLA under Section3543.2 of the Government Code. This Article is not intended to limit suchconsultation rights. 3.0 Retained Rights: It is agreed that all matters which arebeyond the scope of negotiations under Government Code Section 3543.2, andalso all rights which are not limited by the terms of this Agreement, are retainedby the District. Such retained rights include, but are not limited to, the right todetermine, establish, change or discontinue, in whole or in part, temporarily orpermanently, any of the following matters, subject only to the limitations set forthin the other Articles of this Agreement: a. The legal, operational, geographical, and organizational structure of the District, including the division of authority, organizational divisions and sub-divisions, and external and internal boundaries of the District; b. The sources and amounts of financial support, including compliance with any requirements imposed by law or by funding sources; c. All budgetary matters and procedures, and all budgetary allocations, reserves, and expenditures apart from those expenditures and budget items that are expressly required by the terms of this Agreement; d. The number and location of any District-owned or controlled properties, buildings, facilities, equipment, and other improvements; the utilization of same, and the functions and services to be performed at each of same; e. The classes to be taught and the other duties and services to be rendered by District personnel to students and to the public, and the support services to be provided to employees and other District personnel; and the methods, personnel, and materials to be utilized in such services;2008-2011 LAUSD/UTLA CBA 01-03-2011 4
  23. 23. Article III – District Rights f. Subject to the consultation rights of UTLA under Government Code Section 3543.2, determine the educational policies, objectives, standards, and programs, including but not limited to those relating to curriculum, textbook selection, educational equipment and supplies, admissions, attendance, student assignments, grade level advancement, student guidance, student testing, student integration, student conduct and discipline (subject to Article XXIV), food services, student transportation, and the type of extracurricular and co-curricular activities; g. Subject to limitations in other Articles of this Agreement, to select, hire, grant contracts of employment, classify, assign, promote, demote, discipline, suspend, place on involuntary leave, terminate, and retire any personnel of the District; h. Subject to State credentialing requirements, assign personnel to any location (subject to Article XI - Transfers) and also to any facilities, classrooms, duties, academic subject matters, grade levels, and departments; i. Subject to Article XVIII - Class Size, determine the number of employees, and whether and where there is a vacant position; j. Subject to Article IX - Hours, determine the dates, times and hours of operation of any District facility, function, or activity; and k. Subject to Article XXVIII - Safety, determine safety and security measures and rules for students, employees, the public, properties, facilities, and equipment. 4.0 Effect on Grievance Procedure: The contractual rights ofUTLA and the employees are set forth in the other Articles of this Agreement,and this Article is not a source of such rights. Accordingly, no grievances may befiled under this Article, except under Section 2.0 hereof.2008-2011 LAUSD/UTLA CBA 01-03-2011 5
  24. 24. ARTICLE IV UTLA RIGHTS 1.0 Access: Any authorized UTLA representative shall have theright of reasonable access to District facilities, including teacher mailboxes, forthe purpose of contacting employees and transacting UTLA matters. Uponarriving at a work site, the representative shall first report to the office of the siteadministrator and state the intended purpose and length of visit. Therepresentative may contact employees during duty free lunch periods, before andafter employees hours of service or when the employee is not engaged in duties.The representatives shall not interrupt any employees duties or assignments. 2.0 Bulletin Boards: UTLA shall have the right to post noticesUTLA official matters on a bulletin board or a section of a bulletin boardestablished for UTLAs exclusive use at each work site where employees areassigned. 3.0 Distribution of Material: Pursuant to United States Postallaws, the school mail is not available for distribution of UTLA material. Materialor literature distributed or posted by UTLA to employees shall be dated and shallnot be defamatory, obscene, or violative of law. 4.0 Released Time for Negotiations: Up to seven negotiatingteam employee representatives designated by UTLA shall be released from dutywith no loss of pay or benefits for the purpose of attending negotiation meetingswith the District pursuant to Article II, Section 1.0. UTLA and the District mayagree that additional employees shall receive such released time. 5.0 Organizational Leave: A maximum of seven elected officersof UTLA shall, upon request of both UTLA and the employee, be placed on leaveof absence for a period of one semester or more. 6.0 Released Time at UTLA Expense: UTLA may request therelease of designated employees from their regular duties with no loss of pay forthe purpose of attending to UTLA matters, with the expense of the substitute orreplacement to be borne by UTLA. Such released time shall be limited to 25days per year for any individual employee. If the site administrator objects to therelease of any particular employee based upon instructional needs, the mattershall be referred to the Office of Staff Relations and UTLA for resolution. Whenstaff are assigned in place of teachers absent on UTLA business, UTLA willreimburse the District at the base rate for substitutes (see Article XIX) or at theaverage teachers rate for replacement teachers; such time will be taken inincrements of not less than one-half day. 7.0 Exclusivity: UTLA and its authorized representatives shallbe the exclusive representative of the employees in contract enforcementmatters.2008-2011 LAUSD/UTLA CBA 01-03-2011 6
  25. 25. Article IV – UTLA Rights 8.0 UTLA Chapter Chairpersons: At each work location to whichemployees are assigned, UTLA shall have the right to designate, pursuant to itsown procedures, one employee to serve as the UTLA Chapter Chair (see alsoSection 8.3). In year-round schools UTLA may also designate one employee toserve as Chapter Chair during the periods of time when the Chapter Chair is off-track. To facilitate communication, they shall meet together with the siteadministrator whenever reasonably possible. At the school sites the UTLAChapter Chair is the exclusive local representative of the faculty in mattersrelating to enforcement and administration of the Agreement between UTLA andthe District. The Chapter Chair shall also be the official on-site representative ofUTLA in contract enforcement matters and as such shall have the followingrights: a. Upon request of an employee, have the right to represent the employee in grievance meetings as expressly provided in Article V, Section 2.0, and in meetings relating to discipline as expressly provided in Article X, Section 11.0 e. b. When an employee reports an injury or assault and files the required written report, the site administrator shall notify the Chapter Chair of the reported injury unless the employee requests that the matter not be so disclosed. c. Be permitted reasonable use of the school telephone for local calls involving representation matters, so long as such use does not interfere with normal office business at the location; d. Have the exclusive right to coordinate UTLA meetings, which may be held in school buildings at times before or after the school day or during employees duty free lunch period, subject to availability of facilities and provided that there is no interference with other scheduled duties or events. Administration shall not schedule required meetings of employees after school on Wednesday in order to avoid conflict with UTLA meetings, except in compelling circumstances or when a majority of the affected employees consent. e. Have the exclusive right to initial and date any official notices to be posted on the UTLA site bulletin board; f. Have the right, subject to reasonable advance administrative approval, to make appropriate brief announcements, via the school bulletin and/or public address system, of UTLA-related meetings, special events, in-service/staff development, and the like. Such use of the public address system shall be limited to the time before or after student hours. The above rights do not encompass advocacy material of any nature, or statements covering inappropriate topics (e.g., personnel matters, grievances, collective bargaining, or personalities).2008-2011 LAUSD/UTLA CBA 01-03-2011 7
  26. 26. Article IV – UTLA Rights g. Have the right to inspect non-exempt public records maintained at the work site which relate to administration of this Agreement, and shall have the right to receive, upon request and within a reasonable time not to exceed 5 working days, a copy of up to 50 pages of such documents at no cost each school year. If the documents do not relate to contract administration, the cost of copies shall be borne by the Chapter Chair. h. Have the right, upon prior request and at reasonable intervals on non-classroom teaching time, to meet with the site administrator to discuss contract enforcement matters, safety matters, or any other matters related to the operation of the school; i. Have the right to propose agenda items for faculty meetings. The Chapter Chair shall also have the right to make appropriate brief announcements within the first 45 minutes of such meetings or at least 15 minutes prior to the end of the meeting if such meeting is less than an hour in length. j. While there are not to be any negotiations at the site level (such activity being limited to the designated representatives of the Board of Education and UTLA), when faculty views are sought by the site administrator with respect to subject matters which fall within the scope of negotiations under the Educational Employment Relations Act, the UTLA Chapter Chair is to be treated as the sole representative of the faculty; k. Prior to finalizing changes in bell schedules, the site administrator shall consult with the Chapter Chair; and l. Have the rights set forth in Article XXVII - Shared Decision Making and School-Based Management. 8.1 Released Time for Chapter Chairs: a. Released time from non-instructional duties shall be provided to a Chapter Chair if the following conditions are met: a secret ballot election of the faculty shall be conducted by the principal and a teacher designated by the Chapter Chair, with the issue to be determined being whether a specific released time plan proposed by the Chapter Chair should be approved. The proposed plan is to provide for the Chapter Chair to be released from specified non-instructional duties and for the remainder of the staff to assume those duties. Non-instructional duties as referred to above are those non-classroom duties which are normally shared and distributed among the staff, and for this purpose may also include homeroom teacher duties. In addition, chapter chairpersons at elementary schools shall be released from instructional duties when2008-2011 LAUSD/UTLA CBA 01-03-2011 8
  27. 27. Article IV – UTLA Rights certificated itinerant music, art, P.E. teachers, etc., take the chapter chairperson’s class for instruction, as applicable and when in the normal rotation of services. b. A proposed plan may also permit release of the Chapter Chair from instructional duties subject to the following additional conditions: (1) Such release is limited at the secondary level to one instructional period daily, and at the elementary level to an established shared instructional period (Physical Education or Music); and (2) The proposal is separately approved by the specific teachers, whose workload will be directly affected by the operation of the plan, voting in a separate election. c. Regarding paragraphs a and b, a majority of those voting shall determine the outcome. The election results shall be binding for the school year unless a majority requests a new election, or unless a new Chapter Chair is designated. The Chapter Chair may be assigned duties during this released time, in emergency situations. d. Site-based eight hour Chapter Chairpersons may, with prior approval of the site administrator and when their duties reasonably permit, alter their work schedule by reporting to work not to exceed 30 minutes early, and leaving work not to exceed a corresponding 30 minutes early, for the purpose of attending UTLA Area and House meetings. 8.2 With regard to local site decisions which are reflected indocuments forwarded to regional or central offices (e.g., Chapter 1 budgets,changes in daily school schedules, and changes in school calendar such asyear-round school plans) the following procedures shall apply: a. Written disclosure to the faculty of the proposed plan or change, with at least five (5) days of review time provided, except in emergencies; b. The Chapter Chair shall have the right to consult with the administrator regarding the content of the document; c. If the document provides for a faculty signature, the Chapter Chair or designee of the Chapter Chair shall determine whether the document will be signed;2008-2011 LAUSD/UTLA CBA 01-03-2011 9
  28. 28. Article IV – UTLA Rights d. The Chapter Chair shall have the right to submit a written position, dissent, or comments to the administrator. The administrator shall attach this statement to all copies of the official document being forwarded to the appropriate office.Exempt from the above procedures are personal matters, confidential matters,and other matters, which do not generally involve changes in the basic workingconditions of the entire faculty. 8.3 The District shall recognize one Chapter Chair District-widefor each major employment category which is non-school based (one each forSchool Psychologists, PSA Counselors, Nurses, Itinerant Special Educationpersonnel, Non-Public School personnel and one for all other miscellaneousclassifications combined). Substitutes shall have three Chapter Chairs, one foreach of the three (3) calling areas. Activities of these new Chairs will be limitedto non-site matters. Site-based issues will continue to fall under the purview ofthe school site Chapter Chair. Any released time for these non-school basedChapter Chairs will be in accordance with Article IV, Section 8.1d. 9.0 Committee Appointments: If the District decides that unitmembers are to be invited to serve on any District-wide committee, it shall notifyUTLA and specify the background and experience required. UTLA shall thenhave the right to designate one-half of such employee representatives, and toreplace those appointees. a. Except as otherwise provided in this agreement, if the District decides that unit members are to be invited to serve on any committees (described below) that are District-wide or Local District-wide in scope and subject matter, it shall notify UTLA and specify the background and experience required for the committee. b. UTLA shall then have the right to designate one-half of such unit members, and to replace those appointees, and the District shall have the right to designate (and replace) one-half of such unit members. Unit members who are appointed to a committee by the District, rather than UTLA, are not to be considered authorized representatives for UTLA. c. These committee appointment provisions apply only to: (i) unit member service on an advisory group (whether labeled committee, task force, focus group or other); and (ii) to committee service outside of the employee’s regular job duties. However, if the committee includes a combination of unit members invited to serve outside their regular assigned jobs, and unit members assigned to the committee as part of their regular assigned jobs, the latter shall be counted toward the District’s appointing authority under section b above.2008-2011 LAUSD/UTLA CBA 01-03-2011 10
  29. 29. Article IV – UTLA Rights d. These committee appointment provisions do not apply to operational working groups whose activities are part of each of the group members’ regular assigned jobs. 10.0 Meetings: Participants in any administrative Region-wide orDistrict-wide meetings of employee representatives other than UTLA designates,called or sponsored by the District, shall not discuss interpretations of theAgreement, proposed changes to the Agreement, or alleged violations of theAgreement. 11.0 Recruiting Table: The District shall provide UTLA space fora recruiting table adjacent to the central Personnel Office at a location which isreadily accessible to employment applicants and new hires, subject to FireMarshal directives. 12.0 Consultation Rights: The District shall, upon request of thePresident of UTLA, or designee, meet and consult with UTLA regarding thesubject matters specified in Government Code Section 3543.2. Also, with regardto the development by the District (Central or Local District) of new or revisedstudent assessment systems, or changes in instruments or frequency ofassessment, the District shall during the design and deliberation stages giveUTLA written notice of its intentions and plans, and include UTLA as one of theprincipal participating stakeholders in such process. In addition, UTLA may itselfinitiate consultations with the District regarding such matters.2008-2011 LAUSD/UTLA CBA 01-03-2011 11
  30. 30. ARTICLE IV-A DUES DEDUCTIONS 1.0 Voluntary Authorizations: The District shall deduct UTLAdues from the salary of each employee who has submitted a writtenauthorization. Such an authorization shall continue in effect unless revoked inwriting by the employee. Such revocation shall be effective at the next payperiod, provided notice is given twenty (20) calendar days prior to the nextpayday. The District shall deduct one-twelfth (1/12) of such annual dues fromeach regular salary warrant which contains sufficient funds to cover thedeductions. 1.1 If the Districts withholdings from an employees salary in anypayroll period are insufficient to meet the amount authorized by the employee forthe UTLA dues or UTLA-sponsored insurance, the District shall make anappropriate adjustment on a subsequent pay warrant. UTLA agrees to hold theDistrict harmless against any claims or liabilities arising out of any suchadjustments. 2.0 Remitted to UTLA: A deposit approximating the amount ofdues so deducted shall be remitted to UTLA on payday, and the reconciledamount will be supplied to UTLA within 30 days after the deductions are made,together with a list of affected employees. 3.0 Exclusive to UTLA: Payroll deductions for membership duesfrom employees shall be exclusive on behalf of UTLA, and no dues deductionsare to be made on behalf of any other employee organization as defined inGovernment Code 3540.1(d). 4.0 Agency Fee/Dues Obligation: "Commencing within thirty(30) days of employees initial employment, throughout the term of thisAgreement, each employee (as defined in Article I of this Agreement) is requiredas a condition of continued employment either: (a) to be a member in goodstanding of UTLA, or (b) to satisfy the agency fee financial obligations set forth inSection 4.1 below, unless qualified for religious exemption as set forth in Section4.2 below. Newly hired bargaining members shall have deductions for dues oragency fee made on the first warrant received from the District. If this warrantcovers several pay periods a deduction shall be made for each pay period. 4.1 Unless the employee has (a) voluntarily submitted to theDistrict an effective dues deduction request, or (b) individually made directfinancial arrangements satisfactory to UTLA as evidenced by notice of same byUTLA to the District, or (c) qualified for exemption based upon religious groundsas provided in Section 4.2 below, the District shall process a mandatory agencyfee payroll deduction in the appropriate amount, and forward that amount toUTLA. The amount of agency fee to be charged shall be determined by UTLA,subject to applicable law; it shall therefore be an amount not to exceed thenormal periodic membership dues, initiation fee and general assessments2008-2011 LAUSD/UTLA CBA 01-03-2011 12
  31. 31. Article IV-A – Dues Deductionsapplicable to UTLA members. As to non-members who object to UTLA spendingtheir agency fees on matters unrelated to collective bargaining and contractadministration, the amount of agency fee charged shall not reflect expenditureswhich the courts or PERB have determined to be non-chargeable, includingpolitical contributions to candidates and parties, members-only benefits,charitable contributions and ideological expenditures and, to the extent providedby law, shall not reflect expenditures for certain aspects of lobbying, ballotmeasures, publications, organizing and litigation. UTLA shall comply withapplicable law regarding disclosure and allocation of its expenses, notice toemployees of their right to object, provision for agency fee payers to challengeUTLAs determinations of amounts chargeable to the objecting non-members,and appropriate escrow provisions to hold contested amounts while thechallenges are underway. The foregoing description of permissible agency feecharges and related procedures is included herein for informational purposes asa statement of applicable law, and is not intended to change applicable law or toprovide any contractual terms or enforcement procedures under this Agreement.The District will promptly remit to UTLA all monies deducted, accompanied by alist of employees for whom such deductions have been made. 4.2 Religious Exemption from Agency Fee Obligations: a. Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to meet the above agency fee obligations, but shall pay in lieu thereof (by means of mandatory payroll deduction) an amount equal to the agency fee, to a nonreligious, nonlabor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as designated by the employee. Board of Education approved examples of such organizations are: United Way, United Negro College Fund, and Brotherhood Crusade. b. To qualify for the religious exemption, the employee must provide the District, with a copy to UTLA, a written statement of objection, along with verifiable evidence of membership in a religious body as described in a. above. c. Any employee utilizing this religious exemption status, who requests UTLA to utilize the grievance/arbitration provisions on the employees behalf, shall be subject to charges by UTLA for the reasonable cost of using such procedures. 4.3 Implementation dates: Any of the above-described paymentobligations applicable to employees shall be processed by the District with thepayroll immediately following the effective date of the payment requirement,provided that the information is on file with the Payroll Branch by the deadline forfiling time reports.2008-2011 LAUSD/UTLA CBA 01-03-2011 13
  32. 32. Article IV-A – Dues Deductions 4.5 Indemnity/Hold-Harmless: UTLA agrees to indemnify andhold the District harmless against any and all liabilities, (including reasonable andnecessary costs of litigation), arising from any and all claims, demands, suits, orother actions relating to the Districts compliance or attempted compliance witheither this Article or the requests of UTLA pursuant to this Article, or relating tothe conduct of UTLA in administering this Article. UTLA shall have the right todetermine and decide all matters relating to settlement and conduct of litigationwith respect to this Article. In no case shall District funds be involved in anyremedy relating in this Article. Any underpayments to UTLA resulting from theDistricts failure to make a required deduction shall be remedied by additionaldeductions from the affected employee(s). Any overpayments to UTLA resultingfrom excessive deductions shall be remedied either by refund from UTLA to theaffected employee(s) or by a credit against future payments by the affectedemployee(s). 4.6 The District will furnish any information needed by UTLA tofulfill the provisions of this Article.2008-2011 LAUSD/UTLA CBA 01-03-2011 14
  33. 33. ARTICLE V GRIEVANCE PROCEDURE 1.0 Grievance and Parties Defined: A grievance is defined as aclaim that the District has violated an express term of this Agreement and that byreason of such violation the grievants rights under this Agreement have beenadversely affected. Grievances as defined may be filed by the affectedemployee or by UTLA on its own behalf or on behalf of an individual employee orgroup of employees where the claims are similar. On filing a grievance on behalfof a group, UTLA need not specify the names of the employees, but mustdescribe the group so that the District has notice of the nature and scope of theclaim. 1.1 All matters and disputes, which do not fall within the abovedefinition of a grievance, are excluded from this procedure, including but notlimited to those matters for which other methods of adjustment are provided,such as reductions in force and dismissals. Also excluded from this grievanceprocedure are those matters so indicated elsewhere in this Agreement. Claimedviolations of Article VII (Non-Discrimination), are to be handled under appropriatestatutory and/or judicial procedures rather than under this grievance procedure;however, claims of discrimination based upon UTLA affiliation are subject to thisgrievance procedure. 1.2 If the same or essentially the same grievance is filed bymore than one employee, then one grievant may process the grievance underthis Article on behalf of the other involved grievants. The final determination shallapply to all such grievants. 1.3 The respondent in any grievance shall be the District itselfrather than any individual administrator. 1.4 Unless the parties mutually agree to the contrary, the filing orpendency of a grievance shall not delay or interfere with any District action whilethe grievance is being processed. By the same token, if it is later determinedthat the grievance is meritorious, nothing in the foregoing sentence shall precluderemedial relief covering the period during which the grievance was beingprocessed, including the applicable portion of the 15-day period preceding thefiling of the grievance. See also Article XIV, Section 30.0. 1.5 Processing and discussing the merits of a grievance shallnot be considered a waiver by the District of a defense that the matter is notarbitrable or should be denied for other reasons which do not go to the merits. 2.0 Representation Rights: At all grievance meetings under thisArticle, the grievant may be accompanied and/or represented by a UTLArepresentative. If not, the grievant may represent himself or herself, or berepresented by any other person, so long as that person is not a representativeof another employee organization. The administrator shall have the right to be2008-2011 LAUSD/UTLA CBA 01-03-2011 15
  34. 34. Article V – Grievance Procedureaccompanied by another administrator or District representative. By mutualagreement other persons such as witnesses may also attend grievancemeetings. 2.1 When a grievant is not represented by UTLA, the Districtshall promptly furnish to UTLA (in care of the Director of Grievance Processing) acopy of the grievance. If the grievance is withdrawn without a settlement, theDistrict shall so notify UTLA. The District shall not agree to a final resolution ofthe grievance until UTLA has been notified of the proposed resolution, and beengiven an opportunity to state in writing its views on the matter. 3.0 Released Time For Employees and UTLA Representatives:Grievance meetings and hearings will be scheduled by the District at mutuallyconvenient times and places during District business hours. Such meetings willbe scheduled so as to minimize interference with regular employee duties. StepOne meetings will not be scheduled on released time except when it isconvenient to do so during the preparation period of the involved employee(s). Ifa grievance meeting at Step Two or Arbitration is scheduled during duty hours,reasonable employee released time, including necessary travel time, without lossof salary and with mileage reimbursement, will be provided to the grievant, to aUTLA representative if one is to be present, and to any witness who attends bymutual agreement. For arbitration hearings the grievant, arbitration panelrepresentatives and witnesses as required shall be afforded released time andmileage. 4.0 Confidentiality: In order to encourage a professional andharmonious disposition of grievances, it is agreed that from the time a grievanceis filed until a final determination has been reached, all proceedings shall beconsidered private and any preliminary disposition shall not be made publicwithout the agreement of all parties. The District and UTLA may report ongrievances by citing no more than the Section and Article alleged to have beenviolated and the stage at which the grievance is at the time of the report. At notime in any report or public record may either party or the grievant cite anynames or schools. This prohibition is not intended to restrict normal interviewingof witnesses and other necessary preparation for hearing. 5.0 Effect of Time Limits: If a grievance is not processed by thegrievant at any step in accordance with the time limits of this Article, it shall bedeemed withdrawn. The District shall respond, in writing, in a timely manner asprovided in this Article. If the District fails to respond to the grievance in a timelymanner at any step, the grievant has the option to proceed directly to the finalstep of this procedure (See Section 11.0). All time limits and grievance stepsmay be shortened, extended or waived, but only by mutual written agreement. 6.0 "Day" Defined: A "day" for purposes of this Article is definedas any day of the calendar year except Saturdays, Sundays, and legal or schoolholidays.2008-2011 LAUSD/UTLA CBA 01-03-2011 16
  35. 35. Article V – Grievance Procedure 7.0 Informal Conference/Intervention Process: Before filing aformal grievance, either one of the following alternative processes is available: a. Informal Conference: Before filing a formal grievance, the employee is encouraged to make a reasonable attempt to resolve the dispute by means of an informal conference with the immediate administrator. However, the grievance must be filed within the time limits required under Step One, whether or not the employee has utilized these informal efforts. b. Intervention Process: In select situations where either the District or UTLA believes that an informal pre-grievance conference(s) would be productive, either party may make such a request. This request must be submitted in writing within 15 days (as defined in Section 6.0) after the Grievant or UTLA knew or reasonably should have known of the occurrence of the facts upon which the dispute is based. The conference will then proceed if there is mutual agreement to do so. Attendance at the conference(s) shall be limited to the grievant, UTLA representative, the immediate administrator of the grievant, and a District representative, except where other persons are allowed to participate by mutual consent of the parties. The conference(s) shall be terminated (1) by successful resolution of the dispute, or (2) by written notification of the 15-day time limit for filing a formal grievance under Step One. c. Dispute Resolution Panel: When certain disputes arise under Article IX-A relative to assignments to class, track and/or coordinator positions, the affected teacher may invoke the Dispute Resolution Procedures found in Article V-A. 8.0 Step One: A formal grievance must be filed within fifteen(15) days (as defined in Section 6.0) after the grievant or UTLA knew orreasonably should have known of the occurrence of the facts upon which thegrievance is based. For example, the time limit for filing a grievance relating to atransfer begins to run when the employee receives written notice of the transferorder. It should be noted that there are shorter time limits required for filinggrievances alleging violations of certain provisions of this Agreement, such asdisciplinary suspensions under Article X and summer school assignments underArticle XX. For claims of a payroll or other salary error, the 15 day time limit runsfrom discovery of the alleged error, but any recovery payment cannot relate backmore than three years prior to the grievance filing. 8.1 The grievance must be presented in writing to the immediateadministrator by completing the UTLA-District Grievance form. If a grievancedoes not relate to the immediate administrator and the remedy requested is notwithin the authority of the immediate administrator, the grievant may initiate thegrievance with the administrator who has such responsibility and authority.2008-2011 LAUSD/UTLA CBA 01-03-2011 17

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