19.1 Severely Disruptive Students

19.1.1 Employee concerns regarding “severely disruptive students” shall first be referred to the site principal or designee(s). Employee concerns regarding these students that cannot be resolved by the teacher and principal or designee(s) may be referred to the District’s Guidance, Attendance, and Welfare Committee for review and recommendations.  “Severely disruptive students” shall be defined as those students identified by a District IEP Committee as needing special class placement, but whose parents have refused such placement.

19.2 Concerted Activities

19.2.1 It is agreed and understood that there will be no strike, work stoppage, slowdown, or unlawful interference with the operations of the District by the Association or by its officers, agents, or members during the term of this Agreement, including compliance with the request of other labor organizations to engage in such activity.

19.2.2 The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing all employees to do so.  In the event of a strike, work stoppage, slowdown, or other interference with the operations of the District by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action.

19.2.3 The District agrees that it will not lock out any unit members for the duration of this Agreement.

19.3 Pay Checks

19.3.1 Pay checks will be dated on the last weekday of the month or on the 10th of the month for supplemental pay.  

19.4 Complaints Against FCEA Unit Members

19.4.1 A complaint against an FCEA member that alleges prohibited discrimination, harassment, or violation of federal or state laws governing educational programs shall be handled in accordance with Board Policy and Administrative Regulations 1312.3.

19.4.2 The following procedure shall be utilized for all other complaints and does not apply to complaints received under 19.4.1 above. No negative and/or unsatisfactory evaluation, assignment, discipline, dismissal, or other adverse action shall be predicated upon complaints, information, or material of a derogatory or critical nature which has been received by the District from pupils, parents, District employees, public agency, and/or public unless the following procedures have been followed: Any complaint about a unit member shall be reported in writing to the unit member by the administrator receiving the complaint within ten (10) working days of receipt. Should the involved unit member believe the allegations in a non criminal complaint warrant a meeting, the immediate supervisor shall attempt to schedule such meeting between the member and the complainant.  At the request of the unit member, Association representative(s) may be present at the meeting. If the complainant refuses to attend the meeting, the matter shall be dropped. If the matter is not resolved at the meeting to the satisfaction of the complainant, the complainant may reduce the complaint to writing and submit the original to the unit member with a copy to the unit member’s supervisor. Upon receipt of the written complaint, the supervisor will investigate the complaint, interview appropriate witnesses, and determine next steps.  If the supervisor determines that further action is necessary, he/she shall notify the unit member of his/her decision and any action to be taken. After receipt of the supervisor’s decision and/or action, and the unit member believes the complaint is false and/or based on hearsay or the action taken was inappropriate, the unit member shall be given up to one-half (1/2) day, without a loss of pay, to review the complaint and to prepare responsive comments.  A grievance may be initiated to determine the validity of such complaint or action taken. If the matter is not resolved following the written complaint process, the complainant may refer the matter to the Superintendent or his/her designee.  The Superintendent may affirm the supervisor’s decision or request additional information. If needed, the unit member shall be given up to • day without a loss of pay to prepare responsive comments. The unit member retains the right to initiate a grievance.  The Superintendent’s response shall be final.

19.4.3 Complaints which are withdrawn, shown to be false, unsubstantiated through the supervisor’s investigation, or are not sustained by the grievance procedure shall neither be placed in the unit member’s personnel file nor utilized in any evaluation, assignment, disciplinary, or dismissal action against the unit member.

19.4.4 All information or proceedings regarding any complaint shall be kept confidential by all parties.

19.5 STRS Reduced Workload

19.5.1 Subject to District approval, employees may participate in the STRS Reduced Workload Program (commonly referred to as Willie Brown Reduced Work Year and set forth in California Education Code, Sections 22713 and 44922, plus District Policy 4117.11).  For additional information, contact the Personnel Department and /or FCEA.

19.6 Effect of Agreement

19.6.1 It is understood and agreed that the specific provisions contained in this Agreement shall prevail over District practices and over State laws to the extent permitted by State law and that, in the absence of specific provisions in this Agreement, such practices and procedures are discretionary.

19.7 Ratification

We hereby certify that we have agreed to the terms and conditions of this contract and will recommend that it be ratified by our respective groups.

19.8 Acceptance and Signatures:

We, the undersigned, hereby accept all of the terms, conditions, and provisions of this contract.

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