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AGREEMENT

 

Between the Los Angeles Community College District

 

and the

 

Los Angeles College Faculty Guild

 

Local 1521, CFT/AFT, AFT/CIO

 

July 1, 2005 through June 30, 2008

 

 

The officially executed agreement between the District and the Los Angeles College Faculty Guild, Local 1521, CFT/AFT, AFL-CIO, is on file in the office of Employer-Employee Relations and in the office of the Guild. This copy is provided for personnel use only. All official rulings and interpretations shall be made from the officially executed copy.

 

 

TABLE OF CONTENTS

 

Article 1, Preamble

 

Article 2, Exclusive Representative

 

Article 3, The Faculty Unit

 

Article 4, Academic Freedom

 

Article 5, Non-Discrimination

 

Article 6, General Provisions

 

Article 7, Board of Trustees' Rights and Responsibilities

 

Article 8, AFT Rights

Article 9, Work Environment

 

Article 10, Calendar

 

Article 11, Holidays and Vacation Days

Article 12, Class Size

 

Article 13, Assignment

 

Article 14, Assignments, Additional and Coaching

 

Article 15, Assignment, Summer and Winter Intersessions

 

Article 16, Adjunct Assignments, Retention and Seniority

 

Article 17, Departments and Department Chairs

 

Article 18, Reassigned Time

 

Article 19, Evaluation

 

Article 20, Resignation

 

Article 21, Faculty Service Areas

 

Article 22, Retirement

 

Article 23, Professional Growth

 

Article 24, Personnel Files

 

Article 25, Leaves

 

A. General Policy on Leaves of Absence

 

B. Bereavement Leave (Mandatory)

 

C. Exchange Leave (Optional)

 

D. Governmental Order Leave including Jury Duty (Mandatory)

 

E. Illness Leave (Mandatory)

 

F. Industrial Accident Leave (Mandatory)

 

G. Assault and Battery Leave (Mandatory)

 

H. Organizational Leave (Optional-Mandatory)

 

I. Personal Necessity Leave (Optional)

 

J. Load Credit Leave (Mandatory)

K. Family And Medical Leave (Mandatory)

L. Maternity Leave (Mandatory)

 

M. Military Leave (Mandatory)

 

N. Work Experience Leave (Optional)

 

O. Sabbatical Leave (Mandatory)

 

P. Unpaid Leaves of Absence

 

1.a. Government Service Leave (Mandatory-Optional)

 

1.b. Grant Leave (Optional)

 

1.c. Opportunity Leave (Optional)

 

1.d. Parental Leave (Mandatory-Optional)

 

1.e. Personal Leave (Optional)

 

1.f. Rest Leave (Mandatory-Optional)

 

1.g. Study Leave (Optional)

 

1.h. Travel Leave (Optional)

 

Q. Leave Reports

 

Article 26, Pre-Retirement Reduction in Workload Program

 

Article 27, Benefits

 

Article 28, Grievance Procedure

 

Article 29, Salary

 

Article 30, Wage-Step Placement

 

Article 31, Column Placement

 

Article 32, Committees

 

Article 33, Replacement

 

Article 34, Transfers

 

Article 35, Reassignment Including Position Leave

 

Article 36, Other Benefits

 

Article 37, Agency Shop

 

Article 38, Noncredit Faculty

 

Article 39, Load Banking

 

Article 40, Distributive/Distance Learning

 

Article 41, Intellectual Property

 

Article 42, Tenure Review and Evaluation of Contract (Probationary) Faculty

 

Article 43, Adjunct Faculty Pay Principles

 

Article 44, Clerical/Technical Support

 

Article 45, Agreement, Conditions and Duration

 

Miscellaneous Items

 

Appendix A, Salary Schedules

 

Appendix B, Employee Grievance Form

 

Appendix C, Evaluation Forms

 

Appendix D, Definitions

 

Appendix E, Seniority Lists

 

Appendix F, Faculty Service Areas

 

Appendix G, VDT Policy

 

Appendix H, Class Codes

 

Appendix I, Domestic Partner Policy for Health Insurance

 

Appendix J, Article 17.B from 1996-99 Agreement

 

Appendix K, Load Banking Form

 

Appendix L, Selected MOU's

 

Appendix M, Calendars 2006-07, 2007-08 and 2008-09

 

Appendix N, Annual Load Form

 

Appendix O, Sexual Harassment Policy

 

Appendix P, Top Codes Map

 

Index

 

 

 

ARTICLE 1, PREAMBLE

 

The Los Angeles Community College District Board of Trustees (hereafter referred to as the Board), and the Los Angeles College Faculty Guild, Local 1521, AFT/AFL-CIO (hereafter referred to as the AFT), join in dedication to the students and community they serve and hereby enter into this agreement in a spirit of mutual commitment to the enhanced welfare, excellence and prestige of the Los Angeles Community College District (hereafter referred to as the District).

 

 

ARTICLE 2, EXCLUSIVE REPRESENTATIVE

 

The Board of Trustees hereby recognizes that the AFT was certified by the Public Employment Relations Board as the Exclusive Representative for the faculty unit in accordance with the California Educational Employment Relations Act, Government Code Section 3540-3549.3.

 

 

ARTICLE 3, THE FACULTY UNIT

 

The Faculty Unit shall include all full-time and part-time faculty employees including, but not limited to, those categories listed below and all persons serving as substitutes in those catagories. For a complete list of class codes and titles in the Faculty Unit see Appendix H. The Faculty Unit may be modified in accordance with the rules and regulations of PERB. Any such approved modification automatically becomes a part of this Agreement.

 

Instructor

Counselor

Instructor-Advisor

Librarian

Nurse

Disability Specialist

Learning Disability Specialist/Instructor

Athletic Director

Child Development Center Teacher

Coach, Head Walk-On

Director, Child Development Center

Director, Nursing Program

Department Chair

Instructor Special Assignment

Consulting Instructor

Faculty Representative

 

 

ARTICLE 4, ACADEMIC FREEDOM

 

The Faculty shall have the academic freedom to seek the truth and guarantee freedom of learning to the students.

 

 

ARTICLE 5, COLLEGIALITY IN THE WORKPLACE, NON-DISCRIMINATION AND NON-REPRISAL

 

The Board and the AFT shall strive to promote a collegial and non-hostile work place for all district employees.

Further, the Board and the AFT agree not to discriminate against any faculty member on the basis of race, color, creed, national origin, religion, sex, age, sexual orientation, political beliefs, political activities, political affiliations, marital status, or disability as defined by the Americans with Disabilities Act. The Board and the AFT agree to comply with all federal and state laws regarding non-discrimination. 

 

Faculty concerns regarding discrimination, retaliation, and hostile work place should be brought to the attention of the appropriate Vice President or compliance officer for investigation and remediation, which could include the use of a mediator.

Reprisals of any nature shall not be taken against faculty members for exercise of their union rights.

 

 

ARTICLE 6, GENERAL PROVISIONS

 

A. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement.

 

B. All public, non-confidential written information of the District provided in reports to management or the Board of Trustees shall be provided to the AFT upon issuance without specific request, provided such report is on a standing request list maintained by the AFT. All public, non-confidential written information given general distribution to management necessary for the enforcement of the contract shall be provided to the AFT upon issuance and/or distribution. In compliance with Government Code Section 54957.5, all Board agendas and other writings of the District distributed to the Board of Trustees in connection with a matter subject to discussion or consideration at a public meeting of the Board, except for those writings exempt from public disclosure under Government Code Sections 6253.5, 6254, or 6254.7, shall be made available to the AFT pursuant to Government Code Sections 6253 and 6256 without delay.

 

C. The Board shall not discriminate against faculty members or applicants for faculty positions because of their membership in the AFT or because of their exercise of other rights to meeting and negotiating as provided by law.

 

D. This Agreement shall modify, replace or add to any policies, rules, regulations, or procedures of the Board and the District which shall be contrary to or inconsistent with any provisions of this Agreement. The Board or its representatives shall take no action to adopt or modify any written policy, rule, regulation or procedure governing conditions of employment in effect at the time of this Agreement's execution and which is not superseded by this Agreement without consulting with the AFT in a good faith effort to reach agreement.

 

E. This Agreement is not intended to modify or replace by any of its terms the rights of every faculty member in the bargaining unit under the law. Both parties agree to comply with state and/or federal laws.

 

F. In the event that any provisions of this Agreement are or shall be at any time determined to be contrary to law by a court of competent jurisdiction, all other provisions of this Agreement shall continue in effect.

 

G. Rights and benefits of faculty members as set forth in this Agreement shall be made part of any individual contract of employment when and if issued to any faculty member.

 

 

ARTICLE 7, BOARD OF TRUSTEES RIGHTS AND RESPONSIBILITIES

 

The Board of Trustees of the Los Angeles Community College District has all the customary and usual rights, powers, functions, and authority established in California Government Code Sections 3540-3549.3. Except to the extent limited by the specific and express terms and conditions of this Agreement, the management, direction, supervision (including the right to observe classroom activity after prior notice is given to the instructor in writing at any time during the semester or term of the observation), and control of the Los Angeles Community College District operations, working force and facilities are vested in the Board of Trustees. Except to the extent limited by the specific and express terms and conditions of this Agreement, the right to select, direct and control the District business operations and working force; to hire, transfer, and lay off employees, and to suspend employees in accordance with Education Code Section 87668 or discharge employees for the just causes listed in Education Code Section 87732; and the right to require employees to observe written rules and regulations not inconsistent with this Agreement, are all vested in the Board of Trustees of the Los Angeles Community College District.

 

The Board of Trustees may legally delegate or assign any Board rights or responsibilities to management or to such other official persons, divisions, departments and committees as it shall determine appropriate.

 

 

ARTICLE 8, AFT RIGHTS

 

A. Each member of the AFT shall be entitled to payroll deduction for membership dues to the AFT. Additional deductions shall be remitted by the District in accordance with law or mutual agreement of the parties. Such deductions shall include Tax Sheltered Annuities (TSA), COPE, legal defense, IRC-125 accounts, and insurance. The AFT shall calculate the amount to be deducted and advise the District of that amount to be withheld in each particular case. Such deductions shall be effectuated as soon as it is administratively feasible.

B. The AFT shall have the right of access at reasonable times to areas in which faculty members work, the right to use institutional bulletin boards, mailboxes, and other means of communication, subject to reasonable regulation, and the right to use institutional facilities and equipment provided that such use or access shall not interfere with nor interrupt normal District or campus operations nor shall such use cause an additional or an increased maintenance cost to the District. In cases of use or access that will result in additional costs to the District, arrangements shall be made prior to use for reimbursement to the District by the AFT. Rules relating to civic center permits shall apply to AFT meetings except AFT is not required to have a civic center permit and is not required to pay for the permit except as indicated above if additional costs to the District are incurred.

Meetings which could include political rallies may be sponsored by AFT provided that all advertisements are clearly identified that AFT is the sponsoring organization.

 

C. The AFT shall be entitled to representatives at all Board meetings and shall be allowed to speak on any item on any agenda in accordance with existing Board Rules. AFT shall be furnished Board agendas and minutes at the same time as such are made available to the public.

D. Subsequent to mutual agreement on the format, preliminary copies of this Agreement shall be available in electronic form within thirty (30) days and final versions printed at the shared expense of the parties within ninety (90) days after it is ratified by the faculty and approved by the Board. A copy shall be distributed by the AFT to each faculty member now employed. The District shall distribute a copy to all new full time and adjunct faculty members as part of the faculty hiring process.

 

E. Upon written request of AFT, the Board shall furnish to the AFT all available information that is available to the public concerning items affecting the bargaining unit, including but not limited to financial reports and audits, rosters of all personnel, tentative budgetary requirements, allocation of State and Federal funds, student enrollment data, and such other information as will assist the AFT in developing intelligent, accurate, informed, and constructive programs on behalf of the faculty and students, together with information which may be necessary for the AFT to process any grievance or complaint. The Board shall also furnish to the AFT all names, telephone numbers and addresses of employees assigned to the faculty unit based on current information in District computer files. The District shall provide the AFT a copy of the database documentation maintained by its technical staff. Corrected documentation shall be provided to the AFT as it becomes available.

In addition, the District shall provide to the AFT by the fifth week of each semester, lists of all faculty with active assignments by discipline both District-wide and by campus/worksite.

 

F. At the close of each pay period, the District shall provide the AFT with a list of all newly employed and newly terminated faculty members. Addresses, telephone numbers and location shall be provided in electronic form to the AFT by the District as soon as possible. All AFT access to District data in electronic form shall be via extract files. The AFT shall, at its request, be provided access to the LACCD network to include use of E-mail as an addressee, Internet access, and limited file transfer, but not including timesharing, or other services such as word processing. Access to the appropriate District administrative systems shall be provided as agreed to in consultation between the AFT and the District. The AFT shall bear the cost of one-time (startup) charges and monthly charges associated with implementing and maintaining such network access.

G. Designated representatives of the Board and the AFT shall meet on a mutually agreed-upon date, place and time at least once every month for the purpose of reviewing the administration of the Agreement in force and attempting to resolve any other problems that may arise. Both parties may submit an agenda for discussion.

 

H. The College President, or designee, and the designated campus AFT representative shall meet on a mutually agreed-upon date, place and time at least once a month for the purpose of reviewing the administration of the agreement articles relating solely to campus matters. Both parties may submit an agenda for discussion.

 

I. Upon written request of the AFT at least six (6) weeks in advance of the beginning of any semester, the Board shall grant a maximum of 7 FTE of D basis released time with pay as designated by the AFT. Such reduced load privilege is for the purpose of facilitating the AFT's processing of grievances, the implementation of the Agreement, and other agreed upon joint labor/management projects of mutual benefit.

 

J. Any adjunct faculty member may be elected or appointed as an officer, representative, or delegate to a bargaining agent AFT position that normally carries released time (and/or compensation by the AFT) when held by a fulltime faculty member.  When this occurs, the adjunct faculty member shall be assigned the agreed upon number of hours in a non-classroom adjunct rate or supplemental instructor assignment.  This assignment shall be separate from any adjunct rate teaching assignment(s) under Ed. Code 87482.5(a) he or she may have and shall be considered ancillary service as per Education Code Section 87482.5(c). The elected and/or appointed adjunct faculty member shall be assigned a schedule that, to the extent possible, allows him or her to carry out his or her duties and responsibilities as a bargaining unit representative and an adjunct faculty member.  The college administration shall work with the AFT representatives to coordinate the assignment of the elected or appointed adjunct instructor in a reasonable manner.

 

 

ARTICLE 9, WORK ENVIRONMENT

 

A. The District shall provide conditions for a safe, healthful and sanitary work environment conducive to effective teaching and learning. This shall include sanitary and adequately maintained restrooms and other comfort facilities. Faculty work environments should be maintained with routine scheduled maintenance and cleaning, including such cosmetic maintenance as painting and flooring.

B. Full-time faculty shall be provided with office space that includes a desk, a chair, a telephone with voice mail and secure file and storage equipment. Planning/budgeting priority should be given to those faculty who do not yet have such office amenities. Department Chairs and Counselors should be assigned offices that provide both visual and auditory privacy. Planning/budgeting priority should also be given to provide private offices to Department Chairs and Counselors who do not yet have them. Likewise, AFT Chapter Presidents and Grievance Representatives should be assigned offices that are private whenever available. Planning and budget priority should also be given to provide AFT Chapter Presidents and Grievance Representatives with access to private office space for those who do not yet have private offices.

Adjunct faculty shall have access to office and storage space, as well as phone access. Department chairs shall take appropriate action to fulfill the District's responsibility to provide adequate office space for their adjunct faculty (adequate office space includes access to a desk, chair, telephone with voice mail and file cabinet).

The District also shall provide authorized instructional supplies, as well as reprographic, multi-media, and computer services (including LAN, internet and e-mail access) to all faculty in a manner that meets instructional needs; however, use of such services shall be limited to district instructional activities only. Planning/budgeting priority should be given to those faculty who do not yet have access to such services. In addition, appropriate keys shall be issued to each faculty member at the beginning of his/her assignment.

 

C. The District and the faculty shall conduct all activities on campus in accordance with established health, safety, fire, and applicable OSHA regulations.

D. Each campus shall establish a Work Environment Committee (WEC) composed of faculty members designated by the AFT Chapter President, administrators designated by the College President and other employees as designated by their contracts with the District. Faculty members shall comprise at least 50% of the whole committee. Faculty members shall also total at least twice the number of administrator members.  The chairperson of the College WEC shall be one of the faculty members and shall be elected by the committee. The chairperson will be reassigned up to .2 FTE. The term of office shall be two (2) years. Training in risk management shall be provided to assist committee members.

The WEC shall recommend policy and monitor all work environment matters including, but not limited to: grounds and facilities, parking, classroom conditions, allocation and conditions of faculty office space, air quality, temperature control, day and night lighting, VDT usage, health, sanitation and safety (including visible presence of sheriffs and adequate response rates to emergency situations). To promote the goal of improving the quality of the work environment, the WEC shall develop recommendations regarding work environment issues and then seek to reach agreement with the administration so that the administration may implement these recommendations. Such recommendations shall be considered for implementation in the development of the annual college budget. The Work Environment Committee shall track its recommendations and report the results to the faculty. The Chief Administrative Officer of the campus shall provide to the Chair of the WEC a copy of the quarterly report on projects underway.

 

The Chairperson of the WEC shall serve as liaison and mediator between the College President or designee and faculty on work environment issues, problems, and conflicts. The Chairperson, with the assistance of the other committee members, will be responsible for performing the following duties:

 

1. Organizing WEC meetings, establishing meeting agendas, and keeping meeting records.

 

2. Conducting periodic examinations of college facilities to identify issues related to the WEC's role and to assist in monitoring the quality of the work environment.

 

3. Assisting the college administration's efforts to implement policies or procedures recommended by the WEC.

 

4. Participating on committees or task groups established to help program or design new facilities, or to develop plans regarding the renovation of existing facilities.

 

5. Coordinating or directing the college's procedure for allocating faculty office space.

 

E. In addition to its other responsibilities, the WEC shall develop and recommend standards regarding the provision of faculty office space which shall be applicable when new buildings are designed for construction on campus or existing buildings are substantially renovated.

 

F. Smoking shall be prohibited in all buildings occupied for District use.

 

G. Video Display Terminal (VDT) Policy

1. Any faculty member working ten (10) hours or more per week on campus at a VDT on tasks related to his/her assignment shall be provided access to work stations, equipment, working conditions and other benefits which meet state-of-the-art ergonomic standards as specified in Appendix G.

2. Faculty VDT users as defined in G.1. above shall be afforded the opportunity, upon request, for training and education as outlined in Appendix G.

 

 

ARTICLE 10, CALENDAR

 

The academic calendar shall serve the educational and workplace needs of the students and the district community service areas that comprise the Los Angeles Community College District. A myriad of factors contribute to enrollment demands at each of the colleges. These factors include but are not limited to differences in student population, service area needs, feeder high school calendars, customized articulation and transfer agreements with local baccalaureate granting institutions and competition from neighboring community colleges.

 

A. The default academic calendars for the 2006-07, 2007-08 and 2008-09 academic years are those set forth in Appendix M. If a college wishes to establish a calendar other than those contained in Appendix M it may do so subject to meeting all legal requirements, the approval of the College Calendar Committee (see below), the AFT, and the District.

 

B. Colleges desiring to change to a different calendar shall follow these steps:

 

1. A college may begin the process of selecting a different calendar option by forming a Campus Calendar Committee. This committee shall be composed of equal representation from the AFT, Academic Senate and administration. Representatives from the Associated Student Organization, staff, and community may be invited to participate.

 

2. The Calendar Committee shall conduct an assessment of the educational and workplace needs of the college's students and local community service area. This assessment shall serve as the basis for recommending a calendar option that meets the college's needs.

 

3. The recommendation of the Calendar Committee and assessment of needs report shall be submitted to the College President and the AFT Chapter President for final approval or disapproval. A decision shall be made no later than fifteen days from the date the Calendar Committee's recommendation and report were submitted.

 

4. Timeline: The calendar selection process may begin as early as the fall 2002 semester of the first base calendar year. It must be completed no later than the start of the spring semester in order to be implemented in the fall of the next academic year. Whichever calendar option is selected and approved, it shall always be implemented in the fall of the next academic year.

 

5. Restrictions: No more than one calendar change in a three year period commencing with the first year of change shall be permitted.

 

C. Compressed Calendar Protocols and Guidelines. (As used in this section, the term "compressed calendar" refers to any calendar for the primary fall or spring terms that is fewer than eighteen weeks in length.)

1. The following general principle applies to compressed calendar assignments: working on a compressed calendar shall not result in a faculty member receiving either higher or lower pay during the primary fall and spring terms than that faculty member would receive if he or she were working on a regular 18-week calendar.

2. Classes offered during a compressed calendar will be managed to conform to Carnegie Unit requirements.  (See Board of Trustees’ Administrative Regulation E-97, www.laccd.edu/admin_regs/documents/ERegs/E-97.doc)

3. Unless otherwise agreed by the college, the default calendar for C basis librarians shall be the same as the classroom faculty at their college. At colleges where librarians follow the compressed calendar, winter intersession librarian assignments shall be considered extra or adjunct assignments and Article 15 shall apply. C basis counselors, child development center teachers and other C basis non-classroom faculty will work on either the applicable compressed calendar (with scaling) set forth in Appendix M, or the non-classroom academic year calendar (without scaling) set forth in that appendix, as agreed to at the college. To effect such an agreement, the faculty in a non-classroom department may propose (with the concurrence of the department chair) that the C basis department members shall all work on the compressed calendar or all work on a "traditional" calendar. The department chair will notify the AFT Chapter President of the department's calendar proposal. If the department chair, the AFT Chapter President, and the College President agree, the department's proposal will be honored. The default for that year if there is no agreement will be the non-classroom academic year calendar. The process shall be concluded before the start of the fall semester.

D. Professional Development

1. Classroom Faculty.  Classroom faculty will participate in staff, student and instructional improvement activities in lieu of part of regular classroom instruction for the number of Professional Development days specified in the academic calendars set forth in Appendix M. They may bank any or all of the Professional Development days except the mandatory on-campus days indicated on the calendars.

Classroom temporary adjunct faculty also have a professional development obligation.  And, although not required to attend the on-campus opening day meeting, their participation at that meeting does qualify toward their professional development (flex) obligation; they should be invited and encouraged to participate.

2. Non-classroom Faculty.  Non-classroom faculty are not required to participate in Professional Development days. Non-classroom faculty departments’ representation at the fall mandatory on-campus day is expected as long as adequate staffing for student needs is provided.  Non-classroom faculty, including non-classroom temporary adjuncts, are entitled and encouraged to and should not be unreasonably denied the opportunity to participate in professional development activities as part of their regular assignment with approval of the Department Chair.  

Attendance at conferences related to the performance of one’s duties is encouraged and should be permitted as long as the department’s duty obligations have been met.  For non-classroom faculty, whenever possible, professional development activities shall be scheduled in a manner that will avoid conflicting with the periods during which full staffing is required under Article 11.D.2.b. Denial of attendance at conferences related to the performance of one’s duties shall only be made for compelling reasons.  When such denials are made, alternate methods of acquiring the conference information shall be provided whenever possible.

If non-classroom faculty participate in approved professional development activities at times other than their assigned hours, they may take an equivalent amount of compensatory time off, up to the number of professional development days set forth in the academic calendar. Furthermore, any compensatory time off for approved professional development activities completed at times other than assigned hours shall be at the discretion of and subject to the approval of the Department Chair and the Vice President or his or her designee.

3. Planning Activities.  The activities for the Professional Development days will be determined by the College Academic Senate in consultation with the college president.

E.  Each non-classroom faculty member's non-duty D-basis days shall be scheduled in a manner that will avoid conflicting with the periods during which full staffing is required under Article 11.D.2.b.

 

 

ARTICLE 11, HOLIDAYS AND VACATION DAYS

 

A. Authorized Holidays.

 

Holidays are indicated by open circles on the calendars in Appendix M. They include: January 1, Martin Luther King Day, Lincoln Day, Washington Day, Cesar Chavez Day, the afternoon of the Friday of Spring Vacation week, Memorial Day, July 4, Labor Day, Admission Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, December 24, December 25, and December 31. (Admission Day to be observed on the first weekday preceding the observed December 31 holiday. Non-classroom faculty on D-basis can take Admissions Day as a floating holiday subject to the provisions of D.2 and E, below.)

 

B. Authorized Vacation Days.

 

Vacation days are indicated by open squares on the calendars in Appendix M. They include: Saturday and Sunday following Thanksgiving, any Saturday or Sunday following a Friday holiday/vacation day and preceding a Monday holiday/vacation day, Winter Vacation, Spring Vacation, and at least one other day as indicated on the college calendar. Spring Vacation shall be a week not including the day on which Cesar Chavez Day is observed.

 

C. Commemorative Days.

 

The Board and AFT jointly agree to recognize and observe commemorative days for individuals and/or groups who have historical or cultural importance.

 

D. Faculty

 

1. Classroom Faculty

 

a. For classroom faculty paid at full or appropriate adjunct rate by assignment or by course(s) taught, the concept of "paid holiday" does not apply.

 

b. For classroom faculty paid on the substitute schedule the concept of "paid holiday" does not apply.

 

2. Non-Classroom Faculty

 

a. Compensatory Time Off: Any non-classroom faculty member who agrees to work and is assigned by the College President or Vice Chancellor to perform necessary services during a holiday, vacation day, or day that is not part of his/her assignment basis will be allowed compensatory time off after the service has been rendered. Such time off must be during the same academic year in which the service was rendered and must be at a time approved by the President or Vice Chancellor; no substitute will be provided during the period of compensatory time off for non-classroom employees. The employee requested to work by administrator, supervisor or management may receive cash payment at the employee's discretion in lieu of taking compensatory time for working on a holiday or vacation day. C basis counselors shall have the option to work two weeks prior to the start of the Fall semester and take compensatory time.

 

b. Counselors shall provide full staffing, on days other than holidays, for the first two weeks of classes of the Fall and Spring semesters, for one week before the start of classes of the Spring semester, and, if on D basis, for two weeks before the start of the Fall semester.

 

E. Floating Vacation Day(s)

 

All full-time employees assigned to non-classroom teaching duties may elect, subject to the approval of the College President or Vice Chancellor, to take vacation days at a time other than when the vacation day is scheduled. These vacation days must be taken during the period of time such an employee is normally assigned.

 

F. Holidays and Vacation Days During an Illness Leave

 

Employees on illness leave on either side of a holiday/vacation day will not have the holiday/vacation time charged to illness pay allowances.

 

 

ARTICLE 12, CLASS SIZE

 

A. Each department shall, as a goal, maintain an average class size of 34 students at the first census. In no way is this goal intended as a device for calculations related to a reduction of class offerings. Class offerings are determined by an array of data including but not limited to student demand, articulation agreements, graduation requirements, facility limitations, equipment limitations and others.

 

B. The average class size shall be reduced if:

 

1. State or Federal laws or regulations or accrediting agencies such as that for Allied Health (or Nursing) restrict the teacher-student ratio for classes offered by the department, or

 

2. The facilities of the department or number of work stations, or where equipment, supervision or safety requirements restrict the size of the classes, or

 

3. The Chancellor grants an exception based upon the recommendation of the College President or his/her designee.

 

C. Departments exempted from the average class size under Section B.2. shall have their new average class size approved by the College President in consultation with the AFT Chapter Chair. This information shall be provided to the AFT and the Office of Academic Affairs.

 

D. To ensure compliance with this Article, the President must take such steps as are reasonable and consistent with the terms and conditions of this Agreement.

 

E. The President or his/her designee, in consultation with the Department Chair, shall establish class section enrollment limits in excess of the average class size to ensure compliance with this Article and provide the information to the Office of Academic Affairs.

 

F. Responsibility for canceling classes because of low enrollment or low attendance shall rest with the Vice President of Academic Affairs or his or her designee, after consultation with the Department Chair or the faculty member involved, whenever reasonably possible. Except as provided in Section G, the Vice President may cancel a class for low enrollment at any time before the first class session if the number of students enrolled is fewer than fifteen. Similarly, the Vice President may cancel the class for low attendance at any time during the first two weeks of a standard academic semester (or the first 10% of the term-length for a class scheduled for a period that is shorter than a standard academic semester) if the number of students actually attending is fewer than fifteen.

 

G. The Vice President of Academic Affairs or his or her designee may cancel an "advanced class" for low enrollment at any time before the first class session if the number of students enrolled is fewer than eight. Similarly, the Vice President may cancel an "advanced class" for low attendance at any time during the first two weeks of a standard academic semester (or the first 10% of the term-length for a class scheduled for a period that is shorter than a standard academic semester) if the number of students actually attending is fewer than eight. The President, or his or her designee, and the AFT Chapter shall, after consulting with the college Academic Senate, determine which classes are "advanced classes" subject to this section.

 

H. Departments currently meeting or exceeding class size goals have the right to schedule their own classes within reasonable parameters established by the Vice President of Academic Affairs, or his or her designee, in consultation with the Department Chair. (Examples of such parameters include, but are not limited to, the need to strike an appropriate balance between day and evening class offerings, and the need to coordinate schedules among departments, where appropriate). Scheduling in departments not meeting class size goals shall be done with the approval of the Vice President of Academic Affairs or his/her designee.

 

ARTICLE 13, ASSIGNMENT

A.    Assignment, Full-Time

 

1. Definitions

 

Standard Hour. A Standard Hour is equivalent to one hour per week for a standard semester of eighteen weeks. For shorter academic terms, actual hours of teaching or service (including, but not limited to, office hours) shall be appropriately compressed to conform to Carnegie Unit requirements and the following illustrative examples:

Weeks in Term

Days of Instruction Fall

Days of Instruction Spring

Total Days of Instruction

Professional Development Days

Total Duty Days

18

85

86

171

4

175

16

79

80

159

4

163

15

75

77