2. COLLECTIVE BARGAINING AGREEMENT By and Between
The Fontana Unified School District
and
The United Steelworkers
On Behalf Of
Local Union 8599
EFFECTIVE JULY 1, 2009
THROUGH JUNE 30, 2012

3. ARTICLES NOT OPENED
ARTICLE 5 – Savings Clause ARTICLE 7 – Contract Work ARTICLE 8 – Non-Unit Employees ARTICLE 20 – Jury Duty/Court Appearance ARTICLE 23 – Parental Leave ARTICLE 24 – Personal Leave ARTICLE 25 – Public Office Leave ARTICLE 26 – Military Leave ARTICLE 28 – Industrial Accident or Illness Leave ARTICLE 29 – Union Leave of Absence

4. ARTICLES NOT OPENED continued
ARTICLE 31 – Holidays ARTICLE 32 – Safety and Health ARTICLE 33 – Dues Deduction ARTICLE 37 – Mileage ARTICLE 38 – Attendance at Conferences ARTICLE 39 – Conclusiveness of Agreement ARTICLE 40 – Union Security (Agency Shop) ARTICLE 43 – Union Rights ARTICLE 44 – Drug and Alcohol Testing ARTICLE 45 – Memoranda of Understanding

5. ARTICLES – NO CHANGE
Article 3 – Use of Gender and Terms Article 9 – Promotions Out of the Bargaining Unit Article 12 – Hours of Work Article 15 – Suspension/Discharge Cases Article 18 – Leaves of Absence Article 27 – Workers Compensation Article 35 – Bulletin Board and Mail Services Article 36 – Clothing Article 42 – Retirement Health Benefit Program

6. ARTICLE 1 AGREEMENT Effective dates of contract 2009 – 2012

7. ARTICLE 2 RECOGNITION Reference to Noon Duty Aide pages
Non-classified bargaining unit position title clean up only (classified management, management, etc., positions)

8. ARTICLE 4 NON-DISRIMINATION
The word “retaliation” was added to this Article

9. ARTICLE 6 DISTRICT RIGHTS
The words “acts, including but not limited to retaliation” were added to this Article

10. ARTICLE 10 JOB VACANCIES
District to post vacancies in-house prior to posting outside and give notice to Union of intent to post outside
Employees may submit a Request for Transfer instead of application if transferring to an equivalent position
Length of continuous service for vacancies and RIF is date of hire with the District (District seniority)
Lay-off changed from 2 yrs to 39 months
Removed Section Ed Code reference – it doesn’t exist
Added section for transfers between sites for RIF’d employees only – employees, administrators, Union and District must ALL agree
General clean up of language

11. ARTICLE 11 NEW OR CHANGED JOB CLASSIFICATION
Revised Reclassification form – may submit to Union without supervisors signature – Union will then submit to Human Resources for processing
PLEASE NOTE: This does not mean your supervisor does not have input into your request

12. MEMORANDUM OF UNDERSTANDING VOLUNTARY TRANSFERS (RIF)
Employees affected by the 2010 – 2011 RIF may request to exchange assignments with a colleague who was likewise impacted provided they hold equal positions, hours and work years
Both employees, site/department administrators, the Union and District must agree to this transfer
PLEASE NOTE: This does not apply to employees not affected by the RIF or whose work hours or days were reduced during the RIF and they would gain work hours or days by the transfer

13. ARTICLE 13 OVERTIME
Temporary Extra Assignments was added to this Article. These assignments allow employees to perform work over and above the normal daily workload AS LONG AS IT DOES NOT PUT THEM IN AN OVERTIME STATUS and will be selected on a rotational seniority basis
Employees may work Temporary Extra Assignments as long as they do not conflict or overlap into their normal work day, put the employee in a substitute status, additional assignment (requires Board approval) or change of status (work out of class)
Comp time has been brought to the same standard of selection on the basis of seniority as Overtime
An addition has been made to Bilingual Translations that the employee must be willing to accept the assignment

14. ARTICLE 14 PROBATIONARY PERIOD
New headings were created in this Article to clarify language (New Hires, Salary Schedule Advancement, Promotional Advancement)
New hires are still subject to 180 days probation with an additional 30 days probation at the District’s option
Permanent employees who promote within their same job classification (i.e., clerk to secretary) will have a 90 day probation
Permanent employees who promote to an unrelated job classification (i.e., campus security to technology) may be subject to an additional 90 days probation at the District’s option

15. ARTICLE 16 GRIEVANCE PROCEDURE
The Union wanted to add Mediation prior to taking a grievance to the Board and the District rejected our proposal
The District wanted to remove taking a grievance to the Board and go directly to Arbitration and the Union rejected their proposal
This Article remains without changes

16. ARTICLE 19 ILLNESS AND INJURY (SICK LEAVE)
Contract language clean up only
PLEASE NOTE: Language clean up pertains to spelling and grammar corrections and not to content changes.

17. ARTICLE 21 BEREAVEMENT AND IMMINENT DEATH LEAVE
“Registered domestic partner with the State of California” was added to this Article

18. ARTICLE 22 PERSONAL NECESSITY LEAVE
Increased Personal Necessity days from 7 to 8
REMEMBER: Personal Necessity comes out of sick leave

19. MEMORANDUM OF UNDERSTANDING PREFERENTIAL SUBSTITUTE ASSIGNMENTS
Employees affected by the July 1, 2010 RIF will be called for substitute assignments first
Current employees on the substitute list for off-track or non-contract time will be called for substitute assignments second
Outside substitute employees will be called last
PLEASE NOTE: This does not guarantee substitute work unless substitute work is available

20. ARTICLE 30 VACATION LEAVE
Vacation carryover was changed from 96 hours to a maximum of 12 days
Mandatory Vacation days will be removed from vacation days shown on pay stubs by October of each year and employees should check with payroll prior to using vacation days if they are unsure of how many days they have available
Employees who are called to work on a Mandatory Vacation day will be reimbursed at their actual rate of pay for hours worked unless the hours exceed the employee’s regular work schedule, then the additional time will be compensated at an additional assignment rate of pay

21. ARTICLE 34 SALARIES AND FRINGE BENEFITS
Salary for the 2009 – 2010 school year to remain the same
Longevity will remain the same with no increase for the 2009 – 2010 school year
District to pick up increase in Kaiser and Blue Shield premiums and co-pays to remain the same.
PLEASE NOTE: Some employees who work less than 7 hours may see an increase in their deductions for premiums

22. ARTICLE 41 TERMINATION DATE
The effective date of this Contract will be July 1, 2009
The date will be added that this Contract is approved by the Board of Education
This Article will also reference the 2010 – 2011 Contract re-opening

23. ARTICLE 42 RETIREMENT HEALTH BENEFIT PROGRAM
Although the District proposed changes to this benefit, the Union rejected the District’s changes and this coverage remains the same

24. ARTICLE 46 NOON DUTY AIDES
This article was added to the contract pursuant to the PERB decision allowing Noon Duty Aides representation by the Union
Articles 1, 2, 3, 4, 5, 6, 7, 17, 26, 27, 29, 32, 33, 35, 38, 39, 40, 41, 43 and 46 apply to Noon Duty Aides
Articles 9, 10, 11, 19, 20, 22, 23, 24, 25, 28, 30, 31, 36, 37 and 42 DO NOT apply to Noon Duty Aides

25. FURLOUGH DAYS
Classified employees will have 5 furlough days that will be deducted from their salary – these days will be deducted throughout the work year pay periods NOT from one specific check
The District does not intend to enact additional reduction in hours or lay-offs during the school year, however, this is subject to change based on finalization of the budget
If it becomes necessary due to budget issues to lay-off employees the District will notify the Union 60 days in advance to meet and confer over the impact of such lay-offs
There will be no impact or loss to fringe benefits (vacation, holiday pay, sick leave, health & welfare and other benefits) for
The Union’s intention is to have the District schedule furlough days in a one-week block, unless circumstances prevent otherwise