UPM Contract Article 10 & 11

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MSJ

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MSJ

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MSJ

ARTICLE 10: CLASS SIZE

ARTICLE 11: SAFETY

10.1 Minimum Class Size

10.1.1 Normal Class Size. The class size for credit classes shall normally be no less than twenty (20) enrollees, with it being provided that management is authorized to maintain a limited number of classes of fewer than twenty (20) enrollees (in accordance with Article 10.1.3 of the CBA) and to cancel classes pursuant to the provisions of Article 10.1.2 below.

10.1.2 Class Cancellation. A class shall not be canceled prior to the first day of instruction unless the District has given five (5) days prior written notice to the instructor and/or the Department Chair (delivered in person or via voicemail/message) of the possibility that the class might be subject to cancellation. If such notice is not given, a class shall not be subject to cancellation until the end of the second class hour; however, if the instructor agrees, a class may be canceled at any time.

10.1.3 Exceptions to Normal Class Size. Exceptions to the minimum of twenty (20) enrollees may be made by the District in classes required for graduation, for a major, or for a career, in classes offered irregularly, in classes which can be offered only in limited classroom or laboratory facilities, in classes which are part of an experimental or pilot program, in classes subject to statutory or state regulation controlling class size, and in classes whose cancellation would constitute a financial hardship to the District or educational disadvantage to the student. Exceptions to the minimum of twenty (20) enrollees shall be made if the unit member involved is permanent/probationary and if there are no courses available for which the unit member is minimally qualified.

10.2 Maximum Class Size

10.2.1 Procedure for Setting Maximum Class Size. The maximum class size for registration purposes for existing courses shall be that set forth in the Master Course List in effect for the Spring Semester 1996, for each campus, as approved by the MCCD Governing Board. Any increases are subject to negotiations by the parties and shall only occur where it is legally permissible, physically possible and not in violation of established safety practices. In the event the first census reports (CAM 005) for any course shows a class enrollment of at least three (3) greater than the newly established class maximum, supplemental assistance such as readers, clerical help, supplies, etc., shall be provided to the instructor upon his/her written request. That instructor and the appropriate Dean shall meet to determine the type and amount of supplemental assistance. No class shall exceed the maximum without the instructor's approval.

10.2.2 Review by UDWC. The maximum class size limitations for the purpose of registration shall be reviewed by the joint Union-District Workload Committee.

10.2.3 Identical Classes: Different Class Size. It is recognized and agreed that the establishment of maximum class sizes will result, in certain instances, in identical or substantially identical classes having different maximum class sizes at the two (2) campuses.

10.3 Class Size – Children’s Center

Class size shall be determined by the California State Regulations governing Children’s Center Licensing. Minimum numbers of licensed staff and minimum numbers of licensed staff plus aides/assistants/interns/student trainees for specific classroom child populations are defined in Appendix B. These staff/child ratios shall not include licensed teachers when they are fulfilling their assigned hours other than classroom hours. For reasons of safety the District will make every effort to assure there are at least two staff on duty at all times. Minimum staff ratios shall be adjusted as necessary to reflect changes in California State Regulations.

Except as specified herein, all other provisions of Article 10 do not apply to unit members assigned to the Children’s Center.

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ARTICLE 11: SAFETY

(Entire Article Applicable to Children’s Center Unit Members)

11.1 It shall be a goal of the District to provide and maintain a physically safe and healthy work environment.

11.2 The District and the unit member shall comply with OSHA regulations.

11.3 Safety Committee

11.3.1 Composition. The Safety Committee shall be composed of four (4) members, two (2) appointed by UPM and two (2) appointed by the District.

11.3.2 Charge. The Safety Committee shall meet at least once every three (3) months to review safety conditions in the District and to consider written complaints from the employees regarding safety conditions.

11.3.3 Emergency Meeting. If any condition which constitutes a serious and immediate safety hazard comes to the attention of any member of the Safety Committee, that member may call an emergency meeting of the Committee, which shall meet within twenty-four (24) hours and present its recommendations to the Superintendent/President or designee. The Superintendent/President or designee shall respond within forty-eight (48) hours.

11.3.3.1 Non-Emergency Conditions. Under non-emergency conditions, the Safety Committee shall present its recommendations to the Superintendent/President who shall respond within forty-five (45) days.

11.4 Procedure in Event of Threat to Safety

In the event of a serious accident within the classroom environment which actually threatens the safety of students and staff, the unit member may cancel the class session(s) until the emergency has been alleviated. The unit member must immediately report the emergency to his or her immediate supervisor.

11.5 Mandatory Safety Training

11.5.1 Types of Training Required. In courses where hazardous materials, chemicals and/or dangerous equipment are routinely used and which are subject to state or federal regulations mandating safety training for instructors and students, affected unit members shall be required to attend the applicable training programs mandated by the state or federal regulations.

11.5.2 Schedule of Training/Flex Credit. The District sponsored training shall be scheduled for a maximum of four (4) hours per day either during the scheduled flex days or throughout the academic year (as approved by the Staff Development Committee) so that attendance by unit members constitutes a valid flex time activity as defined by Article 9 of the CBA. Flex credit shall be given (up to four (4) hours per day). In the event mandatory training requires more hours than those dedicated to flex, additional hours of training will be scheduled in the 37.5 hour week. Unit members who participate in District approved "Offsite" Safety Training programs, as provided for in Section 9.9 of the CBA, shall be regarded as having met the requirements of this section.

11.5.3 Student Instruction. Following the training and in accordance with the course description approved by the Curriculum Committee, unit members assigned to said courses shall instruct the students as to the proper use and handling of hazardous materials, chemicals and/or dangerous equipment.

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