Author: vhs

  • Newsletter: January 2023

    Newsletter: January 2023

    In the first newsletter of this New Year. We would like to welcome our new e-board members:

    • Gabriel Herrera: President
    • Krystle Casarez: 1st VP
    • Miguel Juarez: 2nd VP
    • Lorena Gastelum: Treasurer Esperanza Amial–-Secretary
    • Juan Ferraes: CPRO/CO
  • A Guide to Position Transfers and Demotions

    A Guide to Position Transfers and Demotions

    Labor contracts play a crucial role in protecting the rights and ensuring the fair treatment of employees in the workplace. Within your contract at Calexico Unified School District, provisions related to changes in position and class are essential for employees and employers to understand.

    In this blog post, we will explore the key points of such provisions, clarifying their significance and implications. By the end, you will better grasp the rules governing transfers and demotions outlined in labor contracts.

    Position Transfers


    Transfers allow employees to move from one position to another within the same class, either at their request or for the good of the service. It’s important to note that transfers cannot be made for punitive or preferential reasons. The immediate supervisor holds the discretion to approve transfers, ensuring a fair and objective decision-making process.

    Here are some of the rules included in the CUSD Contract:

    • An employee may be transferred at his/her request or for the good of the service, from one position to another in the same class, at the discretion of the immediate supervisor, provided that such action shall not be taken for punitive or preferential reasons.
    • A permanent employee may be transferred to a position in a related class on the same salary schedule.
    • Transfers shall be made without changes in salary rate, anniversary date, accumulated sick leave, and accumulated vacation credit.
    • A permanent employee who transfers to a position in a class in which he has not previously completed a probationary period shall be considered probationary in that class for a period of six (6) months or one hundred eighty (180) days. At any time during the probationary period, he may be returned (transferred) to his/her former class without rights of appeal, unless such action results in layoff, demotion, or reduction in assigned time. In the latter cases, the employee shall have the same appeal rights as a permanent employee who is demoted or dismissed.
    • Transfers shall have the following effects on seniority: a. None within the same class; b. From one class to another, the employee shall not receive seniority credit in the new class for service in other classes; however, he shall retain such credit as seniority in the classified service.
    • The transfer shall not be used as a device to alter the effects of an impending layoff, although employees whose positions are to be eliminated may transfer to other classes as this rule contemplates.

    Demotions


    Demotions refer to the voluntary or involuntary downward movement of an employee to a lower-class position. While involuntary demotions are not covered in this provision, it’s worth noting that voluntary demotions have certain conditions attached.

    • A permanent employee may request a voluntary demotion to a class with a lower maximum qualification for that class. Such requests require District approval.
    • A voluntary demotion is a privilege available to a probationary employee only in cases when he would otherwise be laid off for lack of work or lack of funds.

    In Conclusion


    Understanding the provisions related to changes in position and class outlined in labor contracts is crucial for employees and employers alike. By knowing the rules and implications surrounding transfers and demotions, individuals can navigate their career paths and exercise their rights effectively within the organization.

    This blog post has aimed to shed light on the critical aspects of these provisions, empowering readers with the knowledge to better comprehend and make informed decisions based on their labor contracts.

  • What are union dues and why do they matter?

    What are union dues and why do they matter?

    Unions have been a prominent feature in the American labor market for many decades. Unions are organizations that represent the collective interests of employees in a specific industry or profession. They negotiate with employers to ensure that employees receive fair wages, benefits, and working conditions. One of the key components of union membership is the payment of union dues.

    If you’re thinking about joining a union, or if you’re already a member. You may already hear the term “union dues”. But what are union dues, exactly, and why do they matter? In this article, we’ll explore what union dues are, how they’re calculated, and why they’re important for both unions and their members.

    What Are Union Dues?


    Union dues are fees paid by union members to support the activities and goals of their union. These fees can vary depending on the union and the industry, but they generally cover the costs of union administration, collective bargaining, and other union-related activities. Union dues can also fund political campaigns or other advocacy work related to workers’ rights and social justice issues.

    The funds collected from union dues at Calexico Unified School District are used to support the union’s various activities, including:

    • Negotiating with employers for better wages, benefits, and working conditions
    • Representing members in labor disputes or grievances
    • Providing education and training programs for members
    • Advocating for labor-friendly policies at the local, state, and federal levels

    How Are Union Dues Calculated?


    The way union dues are calculated can vary depending on the union’s rules and bylaws. Some unions charge a flat rate per member, while others calculate dues as a percentage of a member’s wages or salary. In some cases, unions may also charge initiation fees or assessments for special projects or campaigns.

    The Importance of Union Dues


    Union dues are critical to the continued success of labor unions. Here are some of the reasons why they matter:

    1. Funding for Collective Bargaining

    One of the most important roles of unions is collective bargaining. This process involves negotiating with employers on behalf of union members to secure better wages, benefits, and working conditions. Union dues provide the funding necessary to support this bargaining process. Without this money, unions would not have the resources needed to effectively negotiate with employers, and the bargaining process would suffer.

    2. Protection of Employee Rights

    Unions play a vital role in protecting the rights of employees in the workplace. They represent members in grievances and disciplinary proceedings and advocate for fair treatment and due process. Union dues fund the resources necessary to provide these services to members. Without funds, unions would not be able to provide the necessary legal and financial support to their members.

    3. Professional Development and Training

    Many unions provide education and training programs to their members. These programs help members improve their skills and knowledge in their respective fields, making them more valuable employees. Union dues fund these programs, which can help members advance in their careers and earn higher wages.

    4. Political Advocacy

    Unions advocate for policies that benefit working people, such as better wages, workplace safety regulations, and healthcare access. Union dues fund the resources necessary to support these advocacy efforts, including lobbying, political campaigning, and grassroots organizing.

    The Controversy Surrounding Union Dues


    Some people argue that mandatory union dues are unfair because they force workers to support an organization they may not agree with or want to be a part of. These individuals may feel that they should be able to negotiate their own wages and benefits without the involvement of a union.

    The right-to-work movement

    The right-to-work movement is a political and ideological movement that seeks to limit the power of unions by making it illegal for unions to require workers to pay dues as a condition of employment. Right-to-work laws have been passed in several states in the US, and they are often supported by conservative politicians and business interests.

    In 2018, the US Supreme Court ruled in Janus v. AFSCME that mandatory union dues for public sector employees were unconstitutional. This decision has been controversial, with some arguing that it weakens the power of unions and undermines workers’ rights to collective bargaining.

    • Critics against the right-to-work movement argue that right-to-work laws weaken union power and benefit corporations by limiting the labor union budget.
    • Research at the Economic Policy Institute shows that states with RTW laws see higher employment but lower wages for workers.
      • The biggest difference between workers in RTW and non-RTW states is the fact that workers in non-RTW states are more than twice as likely (2.4 times) to be in a union or protected by a union contract.
      • Average hourly wages, the primary variable of interest, are 15.8 percent higher in non-RTW states ($23.93 in non-RTW states versus $20.66 in RTW states). Median wages are 16.6 percent higher in non-RTW states ($18.40 vs. $15.79).
    https://www.epi.org/publication/right-to-work-states-have-lower-wages/

    In Conclusion


    In summary, union dues are the fees paid by members of a union to support the organization’s activities and initiatives. These fees are used to fund collective bargaining efforts, improve working conditions, provide training and development opportunities, and support strike funds, among other things. While there is some controversy surrounding mandatory union dues, many workers benefit from the collective bargaining power of unions and the improved wages, benefits, and working conditions that they can secure.

    If you’re considering joining a union, it’s important to understand the role that union dues play and the benefits that they provide to both the union and its members.

    *Thank you for reading! If you have any questions or comments about union dues or anything else related to unions, please feel free to leave them in the comments section below.

  • Labor Union Contracts: A Comprehensive Guide

    Labor Union Contracts: A Comprehensive Guide

    A labor union contract is also known as collective bargaining agreement. A bilateral agreement that establishes the terms and conditions of employment for union members. Contract language can vary significantly across industries and workforces but we can still expect to see some common issues addressed in collective bargaining.

    This is one of the most important benefits of coming together with your colleagues to form a union is gaining the clarity and security of a union contract. In this article, we will explore many of the most important segments of labor union contracts, including their components, the collective bargaining process, and the importance of good-faith negotiations.

    Collective Bargaining and Negotiation Process


    The term “collective bargaining” refers to the negotiation of employment terms between an employer and a group of workers. Labor union contracts are the outcome of this negotiation process, which involves two committees representing the union members and management.

    Union members are normally represented by their labor union during collective bargaining. The union’s bargaining team is usually selected through a process outlined in the union’s constitution and by-laws, while the employer designates the management team.  

    In union employee contract negotiations, the parties involved typically include representatives from the labor union, such as the union’s local president, employees within different departments, and/or union steward. On the other side, the employer’s negotiating team may consist of leaders from the human resources department, the company’s president, and a lawyer knowledgeable in labor and employment law.

    Key Components of Labor Union Contracts


    Labor union contracts include various components that outline agreements on wages, benefits, working schedules, seniority-based bidding for shifts, holiday schedules, and grievance procedures. Early in negotiations, the parties focus on two critical clauses: management’s rights and the deduction of union dues from employees’ paychecks.

    Labor union contracts include several key components that outline the rights, obligations, and terms of employment for union members. These components include:

    1. Wages: The contract specifies the wages or salary structure for different job classifications and may include provisions for regular pay increases or cost-of-living adjustments.
    2. Benefits: It outlines the comprehensive benefits package offered to union members, which may include health insurance, retirement plans, vacation and sick leave, and other fringe benefits.
    3. Working Schedules: The contract defines work hours, shift rotations, and any provisions for overtime pay, as well as guidelines for breaks and meal periods.
    4. Seniority-Based Bidding: It establishes a system for assigning shifts, promotions, or job assignments based on seniority within the union.
    5. Holiday Schedules: The contract outlines the recognized holidays and any premium pay rates or time-off provisions for working on holidays.
    6. Grievance Procedures: It establishes a formal process for resolving disputes or grievances between union members and the employer, including steps for filing complaints and the arbitration process if necessary.
    7. Management Rights: The contract defines the scope of the employer’s authority and outlines the limitations on management’s decision-making power within the unionized workforce.
    8. Union Dues: It includes provisions on how union dues are collected from employees’ paychecks and remitted to the labor union.

    These components serve as the foundation for the working relationship between the labor union and the employer, ensuring clarity and fairness in the terms and conditions of employment.

    Tentative Agreement and Ratification Process


    When the union and the employer reach a tentative agreement, they create a memorandum of understanding (MOU). This document contains all the elements of the final contract but requires ratification by the union members. After reviewing the MOU, the parties reconvene to address outstanding matters and negotiate final details. Upon reaching a final agreement, the labor union seeks ratification through voting among its members.

    • A tentative agreement in the context of labor union contracts refers to a preliminary or initial agreement reached between the labor union and the employer. This agreement outlines the terms and conditions of employment, including provisions related to wages, benefits, working conditions, and other relevant factors. However, it is important to note that a tentative agreement is not yet final or binding.
    • After reaching a tentative agreement, the labor union and employer typically draft a document called a Memorandum of Understanding (MOU) or a similar term. The MOU contains all the agreed-upon elements of the contract but requires further steps for it to become a fully ratified and enforceable labor union contract.
    • The ratification process is the next stage, wherein the labor union seeks approval from its members regarding the tentative agreement. The union’s bargaining committee presents the details of the agreement to union members and allows them to vote on whether to accept or reject it. The voting process may vary but is typically conducted through a formal ballot or secret ballot.
    • If the majority of union members vote in favor of the agreement, the contract is considered ratified. Once ratified, the labor union contract becomes legally binding, and the terms outlined in the agreement are enforceable by both the union and the employer.

    The tentative agreement and ratification process ensures that the labor union members have the opportunity to review and approve the negotiated terms before they become legally binding, ensuring democratic decision-making within the union.

    Importance of Good Faith Bargaining


    The National Labor Relations Act mandates good-faith efforts from both the union and the employer during the bargaining process. Good faith bargaining entails scheduling convenient sessions, preparedness for negotiations, and refraining from intimidating behaviors. Actions such as stonewalling and unreasonable demands are considered bad faith and violate the act. The National Labor Relations Board intervenes when either party fails to bargain in good faith.

    The importance of the good faith bargaining during the collective bargaining process is an essential part of the negotiation between labor unions and employers. Here are the key reasons why:

    1. Promotes Fairness and Balance: Good faith bargaining fosters a fair and balanced negotiation process, where both parties actively engage in meaningful discussions and make sincere efforts to reach mutually acceptable agreements. It ensures that neither the union nor the employer holds an unfair advantage or exploits the bargaining process.
    2. Enhances Trust and Collaboration: Acting in good faith builds trust and facilitates a collaborative atmosphere during negotiations. When both the union and the employer approach bargaining with openness, honesty, and a willingness to find common ground, it paves the way for constructive dialogue and the exploration of creative solutions.
    3. Encourages Efficient Negotiations: Bargaining in good faith helps streamline the negotiation process, as both parties come prepared with relevant information and are committed to reaching timely resolutions. This reduces unnecessary delays, promotes efficiency, and minimizes disruptions to work and productivity.
    4. Preserves Labor-Management Relationships: By engaging in good faith bargaining, labor unions and employers can maintain positive relationships even during challenging negotiations. It demonstrates respect for each other’s interests and concerns, which can help preserve long-term working relationships and prevent unnecessary conflicts or animosity.
    5. Complies with Legal Requirements: Good faith bargaining is often a legal obligation enforced by labor laws and regulations. In many jurisdictions, labor relations statutes mandate that both parties negotiate in good faith, prohibiting bad-faith actions such as making unreasonable demands, stonewalling, or engaging in coercive tactics. Compliance with these legal requirements is crucial to avoid potential legal consequences or sanctions.
    6. Facilitates Sustainable Agreements: Bargaining in good faith increases the likelihood of reaching durable and sustainable labor union contracts. When both parties genuinely consider each other’s perspectives and interests, the resulting agreements tend to be more comprehensive, mutually beneficial, and capable of fostering long-term stability and cooperation.

    Good faith bargaining is essential for promoting fairness, trust, collaboration, efficiency, and legal compliance in labor union contract negotiations. It sets the foundation for constructive and successful labor-management relationships, benefiting both union members and employers alike.

    Conclusion


    Labor union contracts play a vital role in establishing the rights and responsibilities of both union members and employers. Through collective bargaining and good faith negotiations, these contracts ensure fair working conditions and address grievances.

    Understanding the components and processes involved in labor union contracts is crucial for both parties involved in the employment relationship.

  • Union Represent­atives

    Union Represent­atives


    Meet CSEA CHAPTER 399 Union Represent­atives to stay informed and get the most out of your union membership. Union Leaders and Site Represent­atives can answer questions and provide advice on how to make the most of your employment and union rights.

    Chapter Executive Board


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    Elizabeth Esqueda

    Chapter President

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    Krystle Casares

    First Vice President

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    Pat Bristow

    Second Vice President

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    Juan Ferraes

    Chapter Treasurer

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    Rosa Bermudez

    Communications Officer

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    Linda Luna

    Secretary

    Site Representatives


    Every school in the Calexico School District has a field representative also known as Union Stewards to back you up and help you stay union strong.

    Carmela PerezChief Steward, Steward
    Alejandro HuezoSteward
    Alejo CortezSteward
    Corina GarciaSteward
    Elizabeth EsquedaSteward
    Emilio PinonSteward
    Esperanza Amial MunguiaSteward
    Graciela Aldana-BataniSteward
    Jesus BravoSteward
    Judith LopezSteward
    Krystle CasaresSteward
    Maria BravoSteward
    Maria Del Carmen Arreguin QuijadaSteward
    Maria LimSteward
    Priscilla BeltranSteward

    Additional Contacts

    Troy JohnsonArea K Director
    Board of Directors
    Susan Zarate-SandovalRegional Representative
    Region 53
    Gary SnyderField Director
    San Diego Field Office
    Rene PollardLabor Relations Representative
    San Diego Field Office

    Want to become a CSEA Union Steward?

    The CSEA job steward is a vital representational link between bargaining unit employees, their union, and site-level management. If you are interested in becoming a CSEA Union Steward ask your Union representatives for more information.

  • Board Meeting: January 19, 2023

    Board Meeting: January 19, 2023

    Date: 01/19/2023

    Time: 05:00 PM

    Location: District Administrative Board Room

    Address: 901 Andrade Ave., Calexico, CA 92231

  • Layoff Procedures

    Layoff Procedures

    A layoff is the temporary or permanent termination of employment by an employer for reasons unrelated to the employee’s performance. Losing your job is never welcome news. For most people, it’s a traumatic and frightening experience. Read your Calexico Unified School District CUSD/CSEA employment contract to help you stay informed.

    If you have been laid off, it means that your employer is experiencing financial hardship and is no longer able to pay you a salary. The recent outbreak of COVID-19 is the most recent example that forced businesses to downscale their workforce in order to survive.

    If your layoff is temporary, your employer may require you to return to work after a period of time. If your layoff is temporary, it means your employer may require you to return to work after a period of time. it makes no difference if your layoff is temporary or permanent. You will be unemployed and eligible for unemployment insurance or compensation.

    Reason for Layoff


    Employees may be laid off when companies aim to cut costs, due to a decline in demand for their products or services, seasonal closure, or during an economic downturn. According to the Calexico Unified School District CUSD employment contract. Here are the two main reasons for being laid off:

    • Layoff shall occur only for lack of work or lack of funds.
    • A limited-term employee may be laid off (separated/terminated) at the end of his/her assignment without regard to the procedures set forth in these rules.

    Notice of Layoff


    Upon the decision of the District to reduce the number of unit employees in the classified service of the District, written notice of layoff shall be sent by registered mail or delivered in person to the affected unit employee(s) by the Superintendent or his designee.

    The District shall send written notice of layoff to the affected unit employee(s) not less than sixty (60) calendar days prior to the effective date of layoff, informing the employee(s) of displacement rights, if any, and re-employment rights. Any notice of layoff shall specify the reason for layoff and identify by name and classification the employee(s) designated for layoff.

    When as a result of the expiration of a specially funded program, classification(s) are going to be eliminated at the end of the school year, and unit employee(s) will be subject to layoff for lack of funds, the employee(s) to be laid-off at the end of such year shall be given written notice on or before April 30th. If the termination date of any specially funded program is other than June 30th, such notice shall be given not less than sixty (60) calendar days prior to the effective date of the layoff.

    Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, no layoff for lack of work resulting from causes not foreseeable or preventable by the Board, without the notice required by subsections 2 and 3 hereof.

    Order of Layoff


    In considering the layoff of emergency, provisional, or limited-term employee(s) shall be laid off from any position while employees serving under restricted, emergency, provisional, or limited-term employment are retained in positions of the same class.

    The order of layoff of unit employees shall be determined by length of service. The employee who has been employed the shortest time in the affected class including time employed in a higher class if applicable shall be laid off first. Bumping rights of unit employee(s) shall apply after the determination of seniority in a class.

    Bargaining unit employees who are subject to layoff shall exercise bumping rights into any classification, within a current or previously held class, providing they meet minimum qualifications and providing that the classification in which they are bumping is equal or lower than the classification in which the employee has served. Reemployment shall be in the reverse order of layoff.

    • The “bumping” employee must have seniority over the last person to be hired in his/her class. The “bumping” employee shall “bump” the least senior employee in his/her class with the most hours. A lack of seniority in his/her present class will permit him/her to “bump” the least senior employee with the most hours in the succeeding lower classes to determine if he/she has more seniority. Failing to have seniority over the last hired in any of the succeeding lower classes in the same series, the “bumping” employee may then look to other classes where he/she has established permanency. Transferring seniority from one class series to another or from one unrelated class to another is not allowed.
    • The “bumping” employee shall consult the Personnel Commission Office (“P.C. Office”) regarding proper procedures and the seniority standing of any employees who may be affected by the bumping procedure. The seniority standing of “bumping” and “bumped” and other employees in the class shall be determined on the seniority lists maintained by the P.C. Office.
    • The P.C. Office shall provide the Superintendent with the name of the employee to be “bumped”.
    • The Superintendent shall send a layoff notice to the “bumped” employee.
    • The employee being “bumped” has the same seniority “bumping” rights and may exercise them in accordance with these rules as though he/she was being laid off.

    In case of two (2) or more unit employees having the same length of service, the order of layoff of such employees shall be determined by lot. The employees affected shall be invited to the drawing and a CSEA and District representative shall be present.

    Any employees going to a lower class pursuant to this rule shall receive the maximum of the salary range of the lower class provided that such salary is not greater than the salary received in the higher position.

    In all cases where an employee elects to exercise his/her seniority rights and move to a lower class in lieu of layoff, his/her name shall be placed on a layoff list for the position from which he/she moved.

    For purposes of this section, for service commencing or continuing after July 1, 1971,
    “length of service” means all hours in a paid status, whether during the school year, a holiday recess, or during any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis. For employees in the classified service hired prior to July 1, 1971, the date of employment in the regular classified service (regardless of hours worked per day or months per year, a day is a day and a year is a year) shall be used to determine the length of service prior to July 1, 1971. Seniority within a class shall be calculated by time worked within classifications of higher, equal, or lower ranking in which the employee is serving or has served.

    “Hours in Paid Status” shall not be interpreted to mean any service performed prior to entering into probationary or permanent status in the classified service of the District except where the affected unit member was employed as a substitute in the assignment received upon entering into probationary status, and in restricted positions as provided in the Education Code (Section 45105). For purposes of this section, the word “class” shall be defined as a group of positions (classifications) within a job occupational family which have common characteristics and are ranked according to a job family. The word “classification” shall be defined as a position within a class that has a designated title, specific duties, responsibilities, and minimum qualifications, and which has a designated salary range established for each position within a class.

    Demotion or Retirement in Lieu of Layoff


    A unit employee subject to layoff may, in lieu of such layoff, if qualified and subject to the provisions of this section, elect to be demoted to a lower job class, voluntarily reduce their assigned time if this option is made available or retire under the provisions of the California Public Employees Retirement System (PERS). The right to elect demotion shall not apply to restricted classified employees.

    To be considered for demotion in lieu of layoff, which demotion would result in the
    displacement of a unit employee with less length of service subject to the provisions of this Article, the unit employee shall be required to notify the Personnel Office in writing of such election not later than five (5) work days after receiving the notice of layoff.

    A unit employee displaced under Section C of this Article shall be subject to layoff
    according to the provisions of this Article.

    A unit employee who elects demotion or retirement in lieu of layoff shall nonetheless be placed on the thirty-nine (39) month re-employment list and shall be eligible, when a classified vacancy occurs, to return to the former job class in the order of service as any other employee on such list.

    Employee(s) who elect to take demotion shall be extended for an additional twenty-four (24) months provided that the same tests of fitness under which they qualified for appointment to the class shall still apply. (Education Code Section 45298).

    Re-employment Procedures


    A unit employee who is laid off shall be placed on a thirty-nine (39) month re-
    employment list and shall be re-employed in preference to new applicants. The employee shall be required to maintain his/her current address on file with the P.C. Office.

    If, during a unit employee’s eligibility period for re-employment, a classification becomes vacant, the Personnel Commission Director shall send written notice by registered mail or telegram to the last known address of such unit employee(s) offering re-employment in order of service, providing such employee meets the minimum qualifications required of the classification.

    A unit employee who receives such notice of re-employment and refuses to accept in writing the offer of re-employment within ten (10) working days shall be deemed to have rejected the offer of re-employment.

    If the unit employee in a layoff status accepts the classification being offered, the unit employee shall have up to thirty (30) calendar days from the postmark date of the notice to report for work. This does not preclude a unit employee from returning to work in fewer than thirty (30) calendar days.

    A unit employee re-employed after being laid off shall be fully restored to his/her class with all rights to permanent status. Service credit and benefits shall not accrue during the period of layoff.

    Refusal of an offer of provisional or limited-term employment shall not affect the
    standing of any employee on a layoff list.

    Employees on layoff lists shall be eligible to compete in promotional examinations for which they qualify.

    Names shall be certified for appointment from employment lists as follows:

    • Layoff the Re-employment list (one name) until the list is exhausted.
    • Promotional Eligibility List – When a qualified candidate exists within the employee ranks, he/she shall be first interviewed. If no suitable candidate is selected from the promotional list, the process continues with the Open Eligibility List.
    • Open Eligibility List (top three ranks)

    Seniority List


    The list shall consist of permanently classified employees listed in order of seniority (see Order of Layoff), and by class series and classification. The most senior employee is to be listed first.

    In the computation of seniority, all served within a class plus higher classes within the same class series shall count as seniority within the class. Continuous or uninterrupted service as a probationary or permanent employee within a class, rather than actual days worked, shall determine seniority.

    The P.C. Office shall establish and maintain the seniority lists for all class series. These lists are to be updated from year to year to insure their accuracy and availability to the Board.

    At least twenty (20) working days prior to the effective date of a layoff, the District will provide CSEA with a seniority roster.

    Volunteer Aides


    No district may abolish any of its classified positions and utilize volunteer aides, as authorized by Education Code Section 44814, 44815, 35212, and Labor Code Section 3364.5, in lieu of classified employees who are laid off as a result of the abolishment of a position; nor may a district refuses to employ a person in a vacant classified position and use volunteer aides in lieu thereof.

    It is the intent of the Legislature to permit school districts to use volunteer aides to enhance their educational program but not permit displacement of classified employees or to allow districts to utilize volunteers in lieu of normal employee requirements.

    Limited Term Employees


    In the event of a layoff of permanent classified employees, no limited-term employee shall be retained to render service that a laid-off classified employee is qualified to render.

    Employee Severance Provisions


    Bargaining unit employees laid off due to lack of work or funds shall continue to have the District pay for health and welfare benefits for three (3) months following a layoff. Should the employee obtain other employment that offers health and
    welfare benefits during the three-month period, the employee shall advise the District so that the benefits may be terminated.

    In lieu of layoff, the employee may exercise their early retirement benefit rights under Article VI of the collective bargaining agreement.

    In Conclusion


    Being laid off from your job is one of life’s major high-stress events, but there are steps you can take to make the transition a little less rocky. Read your Calexico Unified School District CUSD employment contract to help you stay informed.

    Make sure you have some savings, keep your résumé up to date, and reach out to your contacts. Remember that a layoff is a great excuse to take stock of your life and go after what you’re most passionate about.

  • Grievance Procedure

    Grievance Procedure

    One of the most useful tools a contract provides you with is the grievance procedure. Often employees think filing a grievance will label them as a “troublemaker,” but really the grievance process is just that—a process, which we use to resolve violations of our rights in a professional, orderly manner.

    A “Grievance” is a formal written allegation by a grievant that he/she has been adversely affected by a misinterpretation, misapplication, or alleged violation of a specific provision of the collective bargaining agreement or incorporated Board policies. A “Grievant” may be CSEA or any member(s) of the bargaining unit. Unless specifically mentioned otherwise, a “Day” is any day on which the central administrative office of the District is open for business and the unit member(s) is (are) scheduled to work.

    The “Immediate Supervisor” is the lowest level management member having a line supervisory authority over the grievant who has been designated to adjust grievances. The “Second Level Supervisor” is the supervisor of the management member defined above as an “Immediate Supervisor”.

    Grievance Procedure


    The CSEA contracts contain a two-step grievance process. Remember, to consult your contract to understand the grievance process and timelines.

    Informal Level:

    Before filing a formal written grievance, (Appendix B) the grievant shall attempt
    to resolve the problem by scheduling an informal conference with his/her immediate supervisor. The grievant may be accompanied by his/her Association Representative at the informal conference with the immediate supervisor.

    The problem shall be discussed orally, including the nature of the problem, the person or persons involved, and the remedy sought. The immediate supervisor shall respond to the complaint within three (3) days. If the grievant is not satisfied with the proposed resolution or if the immediate supervisor has not responded within three (3) days of the formal conference, the grievant may proceed to Step One of the Formal Grievance Process.

    Formal Level:

    Step One:

    • Within twenty (20) days after the occurrence of the act, or omission giving rise to the grievance, or the date when the grievant should reasonably have been aware of the act or occurrence, the grievant must submit his/her grievance to his/her immediate supervisor in writing using a District classified grievance form.
    • This grievance statement shall be a clear, concise statement of the circumstances giving rise to the grievance, citation of the specific article(s), section(s), and paragraph(s) of the collective bargaining agreement or incorporated Board policies that is (are) alleged to have been violated, the names of persons who witnessed or have first-hand knowledge of the grievance, and the remedy sought. The grievance shall be signed by the grievant.
    • The immediate supervisor or his/her designee shall respond in writing within five (5) days after the receipt of the grievance at Step One.
    • If the grievant is not satisfied with the decision of the immediate supervisor, the grievant may within five (5) days of receipt of the immediate supervisor’s response, request on the proper District grievance form that the grievance procedure to Step Two.

    Step Two:

    • The grievant shall submit to his/her second-level supervisor a copy of the original grievance form, a copy of the first-level supervisor’s response, and a signed, written statement of the reason for the appeal and the resolution requested. The second-level supervisor, or his/her designee, shall respond to the grievance in writing within five (5) days after the receipt of the grievance at Step Two.

    Step Three:

    • If the grievant is not satisfied with the decision rendered in Step Two, the grievant may submit the grievance in writing to the District Superintendent within five (5) days after the receipt of the response in Step Two. The Superintendent, or his/her designee, will respond in writing within five (5) days of receipt of the said grievance.

    Step Four:

    • If not satisfied with the decision at Step Three, the grievant may, within five (5) days from the Step Three decision being rendered, submit a request in writing to the Superintendent that the grievance be submitted to the Board.
    • A hearing shall be conducted by the Board at the next regularly scheduled Board meeting or at a mutually agreeable time but in no event, more than ten (10) days after the request for a hearing has been received.
    • A hearing shall be conducted in an informal manner with only those having a legitimate interest in the problems at issue allowed to attend. The Board may admit evidence and testimony regarding incidents and occurrences that antedate the event giving rise to the grievance if they conclude that they have sufficient relevance as background information. They may also take further testimony they deem necessary. The hearing shall be conducted in accordance with fundamental rules of fairness and due process.
    • The Board shall render written findings, conclusions, and recommendations within ten (10) working days of the termination of the hearing. The findings, conclusions, and recommendations shall be sent to the parties concerned and to the Superintendent for implementation.

    Step Five: Binding Arbitration

    • If the grievant is not satisfied with the decision of the Board,
    • he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute.
    • The grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be by lot.
    • The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them.
    • The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
    • The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. California Conciliation Services rules shall govern.
    • After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit his/her findings and recommendations to all parties. Absent mutual agreement of the parties to the contrary, the arbitrator’s decision shall be submitted to the parties within thirty (30) days after the completion of the hearing.
    • The arbitrator’s decision shall be final and binding on the parties.

    Grievance Meetings


    The immediate supervisor, second-level supervisor, and/or District Superintendent, or his/her designee, may schedule such meetings with the grievant as deemed appropriate to discuss the grievance and attempt resolution at Steps One, Two, and Three. The grievant shall be present at all grievance meetings. The absence of the grievant at a meeting shall constitute a waiver of the grievant’s right to further processing of the grievance. In instances of emergency or illness, the grievant shall have the right to have the meeting rescheduled.

    The grievant is entitled to association representation at all steps of the grievance procedure specifically at every meeting between the grievant and a district administrator. Should the grievant elect not to be represented by the Association, the District shall notify the Association of any settlement reached. The settlement shall not violate the terms and conditions of the collective bargaining agreement.

    In Conclusion


    As you can see, the grievance procedure is there for us—but only if we use it. This article is just to show you an overview of the rights and tools that we as CSEA employees can utilize to fight for your rights. Take a moment to review the grievance procedure in your contract.

  • Why Charter Schools Are Bad for School Employees & Unions?

    Why Charter Schools Are Bad for School Employees & Unions?

    Charter schools have become a controversial topic in education policy and labor relations. Supporters of charter schools argue that they provide more educational options for families and promote innovation and competition in education. However, opponents of charter schools, including many labor unions, argue that they undermine public education, reduce teacher job security and benefits, and contribute to the privatization of education. In this article, we will explore why charter schools are bad for school labor unions.

    What are charter schools?


    Charter schools are publicly funded schools that operate independently of traditional public school systems. They are granted charters by a state or local authority, which allows them to operate under different rules and regulations than traditional public schools. Charter schools are often run by private companies, non-profit organizations, or individuals, and have more autonomy in hiring, curriculum development, and budgeting than traditional public schools.

    Charter schools were first established in the US in the early 1990s as a way to provide more educational options for families and promote innovation and competition in education. Since then, the number of charter schools has grown rapidly, and they now serve over 3 million students in 44 states and the District of Columbia.

    Why are there employee labor unions in schools?


    Labor unions are organizations that represent workers in collective bargaining with their employers. In schools, labor unions typically represent teachers, support staff, and other school employees. Labor unions negotiate contracts that establish salaries, benefits, and working conditions for their members, and provide legal representation and advocacy for their members in disputes with management.

    Labor unions have a long history in the US, dating back to the 19th century. In schools, labor unions became more prevalent in the mid-20th century, and today, the majority of public school teachers and other school staff are members of a union.

    How do charter schools affect traditional public school employees?


    Charter schools can have a negative impact on traditional public schools by diverting public funding away from them and creating a two-tiered system of education. In addition, charter schools often have lower unionization rates, which can reduce the job security and benefits of teachers in traditional public schools.

    Charter schools are generally less unionized than traditional public schools. According to a 2020 report by the National Education Association, only 11% of charter schools are unionized, compared to 68% of traditional public schools. This means that charter school teachers and staff are less likely to be members of a union, and therefore have less collective bargaining power.

    Impact of charter schools on Salaries and Benefits

    Charter schools often offer lower salaries and benefits than traditional public schools. According to a 2019 report by the Economic Policy Institute, charter school teachers earn, on average, 11% less in salaries than traditional public school teachers. In addition, charter school teachers are less likely to have health insurance and retirement benefits.

    Efforts to undermine labor unions in charter schools


    Charter school operators have been known to engage in union-busting tactics to prevent their employees from unionizing. These tactics include intimidating employees, making anti-union statements, and even firing employees who support unionization. In some cases, charter schools have closed down or been taken over by other operators to prevent unionization efforts.

    There have been several high-profile cases of charter schools and labor unions clashing over labor issues. For example, in 2019, teachers at the Chicago International Charter School went on strike for 11 days over issues such as pay, class sizes, and support staff. The strike was the first-ever strike at a charter school in the US.

    Lack of Accountability and Transparency in charter schools

    Labor unions also argue that charter schools lack accountability and transparency, which makes it difficult for teachers and other school staff to advocate for their rights and for parents to make informed decisions about their children’s education. They argue that charter schools are often run by private companies or non-profit organizations that are not subject to the same level of oversight as traditional public schools.

    Charter schools have been criticized for cherry-picking students, which means selecting students based on academic ability, behavior, or other factors that make them more likely to succeed academically. This can lead to segregation and inequity in education, as well as a lower level of academic rigor and challenge for students who are not selected.

    Charter schools and privatization of education

    Labor unions argue that charter schools contribute to the privatization of education, which undermines public education and reduces the collective bargaining power of teachers and other school staff. They argue that charter schools divert public funding away from traditional public schools, which serve the vast majority of students, and create a two-tiered system of education.

    Labor unions also argue that charter schools often have lower standards and qualifications for teachers than traditional public schools. They argue that this can lead to a lower quality of education for students and reduced job security and benefits for teachers.

    In Conclusion


    Charter schools have become a contentious issue in education policy and labor relations. While supporters of charter schools argue that they provide more educational options for families and promote innovation and competition in education, opponents argue that they undermine public education, reduce teacher job security and benefits, and contribute to the privatization of education. From a labor union perspective, charter schools are bad because they reduce unionization rates, offer lower salaries and benefits, engage in union-busting tactics, and contribute to the privatization of education.