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UPM/MCCD COLLECTIVE BARGAINING AGREEMENT

July 1, 2001June 30, 2004

 

PREAMBLE

 

This Agreement is entered into this 22nd day of May, 2002 by and between United Professors of Marin, AFT Local 1610 (hereinafter referred to as "UPM/AFT" or UPM) and the Marin Community College District (hereinafter referred to as "District" or MCCD).

 

ARTICLE 1:  RECOGNITION

 

1.1                For the purposes of this Agreement, the Unit shall include:

(a)     all permanent/probationary faculty;

(b)     all faculty employed in FTES generating instruction;

(c)     all faculty employed in fee based (non-FTES) instruction whose period of employment is twelve (12) or more days in a contract year (a contract year runs from July 1 to June 30) or four (4) or more days in any quarter or semester, with the exclusion provided for in Article 1.1.1;

(d)     all temporary credit faculty;

(e)     the following Children’s Center positions: Children’s Center Site Supervisor, Children’s Center Assistant Site Supervisor, Children’s Center Lead Teacher, Children’s Center Teacher (employee holding a “Teacher” and/or “Associate Teacher” permit).

 

1.1.1           Exclusions from Unit.

 

The District may enter into agreements for services contracts with independent providers of specialized “packaged” training programs where the training instruction is done by an employee of the provider. These programs shall be available to the general public on a fee-based basis and the income from fees is split with the District and placed in the general fund. This provision shall terminate at the end of the current CBA on June 30, 2004. The District agrees there shall be mo adverse impact on any unit member (s) as the result of the implementation of any of the training programs.

 

1.2          Any UPM unit member who is assigned and accepts either managerial or supervisory duties over UPM unit members (i.e., hiring, firing, evaluating, promoting, demoting, grievance administration, disciplining, transferring and/or assigning UPM unit members) shall immediately be removed from the UPM unit and therefore shall have their salary and fringe benefits placed on the non-instructional side of the CCFS 311 report form and all reports regarding expenditure accounting regarding the "50% Law." Children Center Site Supervisor and Children’s Center Assistant Site Supervisor do not supervise unit members as defined herein and therefore, are unit members covered by the terms and conditions of this agreement.

 

However, if a UPM unit member is assigned and accepts an administrative or coordination assignment that does not require the performance of managerial or supervisory duties over UPM unit members, he/she shall remain in UPM's unit but shall have that portion of their salary and fringe benefits that equals the administrative/coordination pro rata portion of their assigned duties placed on the non-instructional side of the CCFS 311 report form and all reports regarding "50% law" expenditure accounting.

 

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1.3         The Unit definition of 1.1 above shall include the following positions:  Instructor, Librarian, Counselor, College Health Center Nurse, Coordinator ("Director") of Extended Opportunity Programs and Services, Coordinator of the Art Gallery, Coordinator of the Disabled Students Program, Children’s Center Site Supervisor, Children’s Center Assistant Site Supervisor, Children’s Center Lead Teacher and Children’s Center Teacher.  Compensation for all positions cited above shall be determined by past practice unless otherwise provided for in the agreement.  In addition, the following positions shall be compensated by reassigned time, overload, or stipend as designated.

 

In addition, the following positions shall be compensated by reassigned time, overload or stipend as designated:

 

                                Assistant  Director of Nursing……………      3.0 TU    (Teaching Units) per semester

Coordinators of  Fine & Visual Art Programs:

              Ceramics & Sculpture …………..    1.0 TU   (Teaching Unit) per semester

               Jewelry ………………………….   1.0 TU   (Teaching Unit) per semester

               Photography……………………..   1.0 TU   (Teaching Unit) per semester

Coordinator of AutoTech/Auto Body…….... 2.0 TU    (Teaching Units) per semester

Coordinator of Biology Lab KTD………......... 2.0 TU    (Teaching Units) per semester

Coordinator of Business Skills KTD................ 1.0 TU    (Teaching Unit) per semester

Coordinator of Business Skills IVC.................. 1.0 TU    (Teaching Unit) per semester

Coordinator of Comptr. Info. Sys. KTD.......... 2.0 TU    (Teaching Units) per semester

Coordr. of Comm/Basic Skills Lab KTD.......... 1.0 TU    (Teaching Unit) per semester

Coordinator of Computer Science (KTD)........ 1.0 TU    (Teaching Unit) per semester

Coordinator of Court Reporting....................... 3.0 TU    (Teaching Units) per semester

Coordinator of Dental Assist. Program........... 1.5 TU    (Teaching Units) per semester

Coordinator of Early Childhood Ed.................. 1.0 TU    (Teaching Unit) per semester

Coordinator of English CW Lab…………....    3.0 TU     (Teaching Unit) per semester

Coordinator of English Skills Prog. IVC.......... 1.0 TU    (Teaching Unit) per semester
Coordinator of ESL Non-Credit........................ 3.0 TU    (Teaching Units) per semester

Coordinator of Film Program............................. 1.0 TU    (Teaching Unit) per semester

Coordinator of Math Lab KTD......................... 2.0 TU    (Teaching Units) per semester

Coordinator of Math Lab IVC........................... 2.0 TU    (Teaching Units) per semester

Coordinator of Math Sci. Lrng Ctr. KTD......... 1.0 TU    (Teaching Unit) per semester

Coordinator of Medical Assisting Prog.......... 1.0 TU    (Teaching Unit) per semester

Coordinator of Multimedia Studies Prog........ 1.0 TU    (Teaching Unit) per semester

Coordinators of Performances:

                Dance.................................................... 2.0 TU    (Teaching Units) per semester

                Drama.................................................... 2.0 TU    (Teaching Units) per semester

                Music.................................................... 2.0 TU    (Teaching Units) per semester

Coordinator of Physical Education…….......... 2.0 TU  (Teaching Unit) per semester

Coordinator of Student Newspaper................. 1.0 TU    (Teaching Unit) per semester

                                Coordinator of Work Experience..………..       3.0 TU    (Teaching Units) per semester

                                                                                                Total       48.5 TU  (Teaching Units) per semester

 

Coordinator of Transfer & Career Cntr…..    3.0 TU    (Teaching Units) per semester)

(Fall 2002 and Spring 2003 only)

 

 

1.4          The unit as recognized by the District may be modified in accordance with a decision rendered by the Public Employment Relations Board on a contested position or by mutual agreement of the parties.

 

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ARTICLE 2:  PAYROLL DEDUCTIONS

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

 

2.1          The District shall deduct dues, insurance, charitable contributions, assessments, credit union and all other obligations due the bargaining unit from the wages of all unit members of UPM/AFT 1610 on the date of the execution of this Agreement and who have submitted dues authorization forms to the District.

 

2.2          The District shall deduct dues, insurance, charitable contributions, assessments, credit union and all other obligations due the bargaining unit from the wages of all unit members who, after the date of the execution of this Agreement, become members of UPM/AFT 1610 and submit to the District the dues authorization forms.

 

ARTICLE 3:  WAGES

 

 

3.0          (a)           Effective July 1, 2001 the steps and columns of the Credit Salary Schedule (Appendix A-

1) shall be increased by 7.5%.

 

(b)                 Effective January 1, 2003 the steps and columns of the Credit Salary Schedule (Appendix A-3 shall be increased by 6%.

 

(c)                 Step movement of unit members on the salary schedule is as provided for in Article 3.9.6.

 

(d)                 Substitute Pay: The current Substitute Instructor Salary Schedule shall be modified to show the substitute rate equal to the stipend rate, to be increased by the same percentage rate as column 3, step 10 on the Credit Salary Schedule as of July 1, 2001 and January 1, 2003.

 

(e)                 Retroactive pay and benefit compensation for 2001 shall be disbursed within sixty (60) days of the ratification of this agreement.

 

(f)                  Stipend: The Stipend Rate of $46.41 shall be increased by the same percentage as column 3, step 10 on the Credit Salary Schedule effective July 1, 2002 and January 1, 2003.

 

 

3.1                Definition of Part-Time Equity and Part-Time Equity Pay Formula

 

(a)           Part-time equity and the Part-time Equity Percentage shall be defined as a percentage of full-time

compensation and shall be as follows:

 

July 1, 2001May 31, 2002                                                                80%

 

June 1, 2002August 15, 2002                                                          87%

 

August 16, 2002June 30, 2004                                                        84%

 

(b)           In no case will the Part-time Equity Percentage be less than 80%.

 

(c)           If the State funding committed to promoting part-time equity is eliminated, the Part-time Equity

                percentage will revert to 80%.

 

(d)           The Part-Time Equity Percentage for a specific fiscal year is calculated according to the following

                formula:

 

                1.             Compute the sum of the following numbers:

 

(a)     Total part-time pay budgeted for the specified fiscal year, costed at the rates of

        pay set out in the CBA for that fiscal year.

 

(b)     Total overload pay budgeted for the specified fiscal year, costed at the rates of pay  

        set out in the CBA for that fiscal year.

 

(c)     Costs of STRS, FICA – Med, SUI and Workers Compensation associated with the  

        above pay costs.

 

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2.                   Divide the sum calculated in No. 1 above by 80. This yields the cost of 1% of part-time

                equity.

 

                3.             Calculate the sum of the total state funding specifically identified for part-time equity and

                                the total state funding specifically identified for part-time office hours.

 

                4.             Divide the total calculated in No. 3 above by the number calculated in No. 2 above.

 

5.                   Add the number calculated in No. 4 above to 80. This is the Part-Time Equity Percentage.

 

(e)           In the event that the rate as calculated by this method does not expend all the state funds identified for part-time equity and part-time office hours, the unexpended funds will be distributed pro-rata to part-time and overload faculty within two (2) months of year-end.

 

3.2          Intersession Rate - Credit Program

 

All unit members employed during intersession in the credit program shall be paid in accordance with Section 3.1 for 2001-2003 except as provided for in 8.21 of the CBA.

 

3.3          Compensation Formula: Temporary Unit Members in Non-credit

                Semester Program on Campus

                (To be effective July 1, 2002)

 

(a)           All temporary ESL unit members and all other temporary unit members working in the non-credit semester program on campus within the academic year shall be placed on the credit salary schedule in accordance with their years of equivalent full-time service (where full time equals 30 hours per week times 35 weeks = 1050 hours per academic year) and shall be paid in accordance with the formula set forth in Section 3.1 and as determined by the employee's placement on the credit salary schedule.  Salary may be determined according to the formula:  credit salary schedule step and column x .8 x Weekly Hourly Assignment divided by 30 (where a full-time equivalent workload for an academic year is 30 hours per week).  Initial placement for temporary ESL unit members working the non-credit semester program on campus shall be no higher than Step 7.  Step 14 is the highest step on the credit salary schedule for advancement.

 

(b)           The non-credit instructor hourly salary schedule shall be modified by increasing each of its steps and columns by the same percentage increase given step 10, column 3 of the Credit Salary Schedule (i.e., as granted due to the provisions of 3.0 (a) above) effective 7/1/2001 and 1/1/2003.

 

3.4          Compensation Formula: Unit Members Working in Non-credit Service

                Program

 

Unit members working in the non-credit service program shall be paid based upon the hours of employment and years of service as recognized on the current non-credit instructor hourly salary schedule for all courses taught on a quarter schedule.  Service in summer intersession assignments (summer quarter) shall be counted for the purposes of establishing salary longevity pay rates from 1/1/86 on.

 

3.5          Initial and Highest Salary Placement: Temporary Unit Members

                Working in the Credit Program  (To Be Effective Summer Intersession 2002)

 

Initial placement for temporary unit members working in the credit program shall be no higher than Step 7.  Step 14 is the highest step on the credit salary schedule for advancement, (except for those unit members who were placed above Step 10 in an earlier agreement).  Any temporary credit unit member who was placed above step 10 in an earlier agreement and who is currently on step 11, 12, or 13 may advance on the salary schedule to a maximum of Step 14, as provided for in Article 3.9.6.  All temporary unit members working in the credit program shall be paid in accordance with the formula set forth in Section 3.1.

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3.6          Definition of an Earned Doctorate

 

3.6.1       For the purposes of salary placement and bonus awards, an "earned doctorate" is defined as a degree containing the word "doctor" which is awarded by an institution accredited, at the time of the granting of the degree, by an organization acceptable to the University of California, Graduate Division.

 

3.6.2       If the degree is not granted by an organization that is acceptable to the University of California Graduate Division, the employee must furnish proof of acceptance of the degree by Stanford University or any California State University.  Earned doctorates from foreign institutions must be acceptable in the same manner.

 

3.7          Unit Members: Compensation For Work Performed Beyond 175 Days

 

All permanent/probationary unit members working in the credit and non-credit semester programs on campus, paid on the credit salary schedule, and working more than 175 days per academic year/work year shall be paid the intersession rate for all work performed beyond 175 days of the academic year/work year (as defined in 9.1 of the CBA).

 

3.8          Management Teaching Salaries

 

Effective July 1, l986, a manager who teaches in the credit program may have that portion of his/her salary charged on the instructional side of the 50% calculation.

 

The portion of salary charged shall be 80% pro-rata pay per unit after determining the manager's placement on the "Credit Salary Schedule" according to the same criteria used for all unit members working in the credit program.

 

Since the State Chancellor's Office will not accept modifications to the prior year CCFS-311 reports, UPM/AFT agrees to accept the amounts submitted in all prior years for pro-ration of management salaries for teaching.

 

3.8.1       Certificated district managers assigned teaching duties in accordance with Section 8.13.1 of the CBA are not members of the UPM Collective Bargaining Unit (see Section 1.2 of the CBA).

               

3.9  Placement and Vertical Movement (Steps)

 

3.9.1.1      Initial Step Placement on the Credit Salary Schedule

(To be effective July 1, 2002)

 

All newly hired probationary unit members and District certificated management employees who become unit members (as provided for in Section 1.1 & 1.2 of the agreement) shall be placed on the credit salary schedule for the first time.  They shall be asked to furnish information and documentation to Human Resources showing “creditable” (see 3.9.2) previous experience that would affect their initial step and column placement on the Credit Salary Schedule. The newly hired/probationary unit member will be tentatively placed no higher than step fourteen (14) on the salary schedule pending review of all required documents submitted to Human Resources.  All previous "creditable" education and work experience must be documented before the end of the semester or summer session (except as provided for in Section 3.9.9.2).  A change will be made in the salary placement and supplemental pay or payroll deduction accordingly, if:

 

1)                   Transcripts and other criteria defined herein (3.9.2) support a higher placement on the salary schedule or

 

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2)Transcript(s) and/or letters(s) certifying experience, submitted within the semester or summer session, do not verify sufficient and/or creditable course work or experience (defined above) to justify the tentative placement or

 

3)No documentation is provided by the end of the semester or summer session in which the work

                takes place.

 

If the documentation is furnished after the end of the semester or summer session, a salary schedule adjustment will be effective the first pay period following submission of sufficient documentation.  There shall be no retroactive payment.

 

Initial vertical placement on the Credit Salary Schedule shall be determined solely on the basis of the criteria and procedures enumerated herein.

 

3.9.1.2      Step Placement Limit

(To be effective July 1, 2002)

 

Work that is determined by Human Resources to be “creditable work experience” shall be granted on a year for year basis (except as provided for herein). Initial step placement of permanent/ probationary unit members on the credit salary schedule shall not exceed step fourteen (14) on any column (except for retreating and/or returning managers qualified for “advanced placement”), nor step 7 on any column of the credit salary schedule for temporary credit unit members except as provided for herein.

 

3.9.1.3  Any district employee exercising his/her right to retreat into the bargaining unit as a first year probationary unit member (E.C. 87458) shall be initially placed as provided for in 3.9.1.1 and 3.9.1.2 above.

 

3.9.1.4      Advanced Placement Standards

 

As an incentive, the District shall offer advanced placement (beyond Step fourteen (14) for probationary/retreating and/or permanent/returning unit members on the Credit Salary Schedule.

 

3.9.1.4.1 Applicability of This Provision

 

This section of the agreement applies to unit members from the following categories who request advanced initial placement on the Credit Salary Schedule:

 

(a)  Faculty assigned to the unit from a previous non-unit administrative, managerial, confidential or supervisory position (retreating) who were initially employed by the District after July 1, 1990, in an administrative, supervisory position requiring certification qualifications who became a regular employee as a classroom instructor pursuant to Education Code 87458, and who were not employed under a lifetime credential as of July 1, 1990 and who had not previously been placed on the credit salary schedule.

 

(b)  All other faculty (retreating) assigned to the unit from a previous non-unit, administrative, managerial, confidential or supervisory position in the District.

 

(c)  All unit members who become managers and subsequently return to the unit.

 

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3.9.1.4.2.           Applying for Advanced Placement.

 

Retreating and returning district employees who anticipate entering the bargaining unit and applying for "advanced initial" or “advanced returning" placement, shall complete an "Assessment form for Advanced Placement" and submit it to Human Resources and the UPM/AFT at least thirty (30) days prior to the beginning of the first year.  The Advanced Placement form shall provide information demonstrating that the unit member has met the Advanced Placement standards cited below:

 

3.9.1.4.3.      Advanced Placement Standards: The unit member possesses one or more of the following credentials and satisfies the associated criteria:

 

1.             CREDENTIAL MAJORS/MASTERS OR HIGHER

 

(a)        CREDENTIAL SPECIFYING MAJORS:

Life CC Instructor

Life Standard Jr. College [Fisher]

Life Standard Designated Subject

Life Special Secondary

Life Standard Secondary

HSPS Instructor/Grandparent Waiver

HSPS Instructor/Waiver

 

and nine (9) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,

 

or nine (9) semester units of upper division or graduate work in the discipline at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

(b)        A Masters Degree or higher in the assigned discipline (see the

UPM/MCCD Discipline List in 15.8.7 of the CBA)

 

and nine (9) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

or nine (9) semester units of upper division or graduate work in the discipline at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

(c) an MCCD Credential

 

and completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

2.             CREDENTIAL MINOR

 

(a)           CREDENTIAL SPECIFYING MINORS:

Life CC Instructor

Life Standard Jr. College [Fisher]

Life Standard Designated Subject

Life Standard Secondary

MCCD Minor Award

 

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and twenty four (24) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

(b)           A Masters Degree or higher in a related discipline and a Minor in the assigned discipline (see the UPM/MCCD Discipline List in 15.8.7 of the CBA)

 

and twenty four (24) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

3.             CREDENTIAL NOT SPECIFYING A MAJOR OR MINOR. 

Life General Secondary

Life Junior College

[Pre-Fisher]

 

and Master's Degree or higher in the assigned discipline (see the UPM/MCCD discipline list in 15.8.7 of the CBA) awarded by an accredited college or university or a comparable, accredited private institution.

 

and twenty four (24) teaching units or equivalent hours of non-teaching bargaining unit service in the discipline/service area in a credit program at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years.

 

4.             LIFE CC LIBRARIAN OR MCCD LIBRARIAN CREDENTIAL

 

and the equivalent to 15 teaching units of paid professional college library experience, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

5.             LIFE CC COUNSELOR OR MCCD COUNSELOR CREDENTIAL

 

and the equivalent to 15 teaching units of paid professional college counseling experience, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years,.

 

or completion of 24 credit semester units in the discipline/service at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited college or university or a comparable, accredited private institution in the last seven (7) calendar years.  Unit members who meet the advanced placement criteria above, shall be assigned advanced initial placement or returning placement on the credit salary schedule (see 3.8.2, 3.8.3.1 and 3.8.3.2)

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3.9.1.4.4  Unit members retreating or returning under the provisions of section 87458 of the Ed.  Code and who have not met the advanced placement standards, may voluntarily undertake, at their personal expense, up to one academic year of retraining not to exceed the number of units necessary to comply with the standard..  Such training shall include up to one year of upper division or graduate credit units only in their assigned discipline/service at an accredited college or university or a comparable, accredited private institution (as defined in 3.6.1 and 3.6.2 of the CBA).  Unit members who undertake such training shall be granted a paid leave of absence under Section 87764 of the Ed. Code for the purpose of retraining.

 

3.9.1.4.5  A Retreating/Returning manager who voluntarily retrains and who successfully completes a minimum of nine (9) units (per semester) shall be paid ninety percent (90%) of his/her salary (plus all fringe benefits including retirement contributions he/she would have received had he/she remained in active service).  In the computation of the salary, extra pay for summer session, overloads, etc., shall be excluded.  Retreating/returning managers must agree to remain in the employ of the District for two (2) years after return to service, unless otherwise provided for in the CBA. 

 

3.9.1.4.6  The period for retraining provided for herein may be extended for extenuating circumstances, through the mutual concurrence of the college president and the UPM/AFT.

 

3.9.1.4.7  No leave of absence when granted to a contract employee shall be construed as a break in the continuity of service required for the classification of the employee as tenured.  However, time spent on any unpaid leave of absence shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, tenure (see Ed. Code 87776).

 

3.9.2  Creditable Work Experience

 

For unit members, previous paid employment experience (as an instructor, librarian, counselor, school nurse, or other certificated employee as identified in Article 8, Workload, of the agreement) is counted on a year for-year basis if it was equivalent to the job/work assignment, such as full-time teaching in a high school or college environment.  Previous paid employment experience is counted on a pro-rated basis if it was part-time, (i.e. credited as a percentage of one year of equivalent full-time employment) or pro-rated if only a portion of the duties were creditable. Elementary teaching, or pre-school teaching, shall not be counted unless the subject matter is Early Childhood Education.  Paid non-teaching work directly related to the teaching discipline is counted; e.g., work as a translator would be counted for a language instructor, if satisfactorily documented.  Other unrelated work experience is not counted unless the employee meets the minimum qualifications or equivalency for another professional area; e.g., counseling experience would be counted if the person also meets the minimum qualifications or equivalency for employment in the District as a counselor.  "Teaching Assistant" work does not count unless it was paid employment and the TA had full responsibility for teaching the class.  Student teaching is not counted.

 

3.9.3  Salary Placement of Managers Who Retreat Into The Faculty and Who Meet the 

          Requirements of Section 3.9.1.4.   (To be effective July 1, 2002)

 

3.9.3.1 Retreating Managers

 

Managers who retreat to the bargaining unit or are reassigned to the bargaining unit shall receive a salary placement for creditable service performed prior to their employment at the College of Marin and for work performed as certificated managers subsequent to their employment.  The initial placement for work performed prior to their employment shall be determined in accordance with 3.9.1.  No more than thirteen (13) years credit (placement at step 14 may be granted for such service).  For work performed subsequent to their employment certificated managers will be granted credit as follows:

 

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·         For performance of certificated management duties related to the development, delivery and/or evaluation of Instruction, Library Services, Counseling or related assignments.

·         For management of an activity with a direct content link to an area of teaching responsibility.

·         For teaching and/or advanced academic study within the discipline to which the manager is retreating or returning.

 

3.9.3.2  Certificated managers shall be granted credit on a year for year basis for the first nine (9) years of creditable certificated management service subsequent to their employment at the College.  For each additional two years of service a certificated manager shall be granted one-year credit.  For creditable

service after employment at the College a certificated manager may be granted a maximum of  thirteen (13) years credit.

 

Example:

            1 to 9 years                            1 for 1 credit          maximum 9

            10-11 years                            1 credit                   maximum 1

            12-13 years                            1 credit                   maximum 1

            14-15 years                            1 credit                   maximum 1

            15-16 years                            1 credit                   maximum 1

           

TOTAL                                                                                  13

 

3.9.3.3  Creditable service under 3.9.3.1 and 3.9.3.2 shall be combined for certificated managers returning to the bargaining unit.  The maximum credits achieved under 3.9.3.1 shall be added to the maximum credits earned under 3.9.3.2.  The combined total shall not result in a salary placement beyond step fourteen (14) for those who have not met the advanced placement standard.  Retreating managers who have met the advanced placement standard may advance to step 18.

 

3.9.4  Returning Unit Members (Certificated Managers) considered to have met Advanced Placement Standards

Unit members who become managers and subsequently return to the unit within seven (7) years shall be subject to the provision's of 3.9.3.1 and 3.9.2.  Unit members who transfer to a management position and return to the unit shall be granted credit on the certificated salary schedule for each completed year of District management service.  The credited years of management service shall be added to the highest step the unit member earned before transferring to the management (to the maximum Step 20)  [Example: The unit member's highest step placement before becoming a manager was step eleven (11).  The unit member completed four years in a creditable management position and returned to the faculty.  The unit member

shall be placed at Step 15.] Returning managers who have been employed in the MCCD as certificated managers more than seven (7) consecutive years must qualify for advanced placement and satisfy the requirements of sections 3.9.1.4 through 3.9.1.4.7, inclusively; otherwise they shall be placed at the highest step they earned on the unit salary schedule prior to transferring to a management position.

 

3.9.4.1  A "completed year is at least 75% of 222 work-days or 166.5 workdavs within any calendar year.  The initial step placement of permanent/probationary unit members on the Credit Salary Schedule shall not exceed step ten (10) on any column , nor step three (3) on any column of the Credit Salary Schedule for temporary credit unit members.

 

3.9.4.2  For non-teaching employees, experience in their professional field (e.g. Librarian, Counselor) is counted.  "Intern" work will be counted if it is paid employment and independently performed, under supervision, after acquisition of the Masters Degree.  Experience outside of the professional: field (e.g. teaching Math) is not counted unless the employee also meets the minimum qualifications for the other area(s).

 

3.9.4.3  For vocational instructors, both paid teaching and appropriate work experience are counted (as provided for in 3.9.1.1, 3.9.1.2 and 3.9.2)

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3.9.4.4  "Teaching Assistant" work does not count unless it was paid employment and the TA was the official instructor of record.  Student teaching is not counted.  Unpaid "intern" work will not be credited.

 

3.9.4.5  Previous part-time work that is determined by the District Personnel Office to be a "creditable" work experience shall be credited on a pro-rated basis ( i.e. credited as a percentage of one year of equivalent full-time employment) and where applicable under the additional provisions defined in 3.9.2.

 

3.9.5 Temporary Non-Credit Unit Members

Initial step placement shall be in accordance with Articles 3.3 and 3.4 of the CBA.

 

3.9.6  Vertical Step Movement on the Salary Schedule

 

3.9.6.1  Permanent/Probationary Unit Members

After initial placement on the credit salary schedule, vertical movement to a higher step for permanent faculty members will be effected once each year, effective July first (7/1) at a rate of one step for each 29.5 - 30.5 teaching units or equivalent non-credit service completed in the District, or for librarians, counselors, school nurse and other certificated unit members, one school year of full-time creditable work in the District.  Permanent/probationary unit members teaching less than 29.5 units (or non-teaching unit members working less than a full school year) may also qualify for step move­ment in the following circumstances as approved by the Board: on a reduced

load as long as they teach at least 18 units (60% in non-teaching positions) in the year excluding overloads and intersessions; on a phased-in early retirement program of at least one-half of the days of service required for a regular full-time assignment; on a paid medical leave of absence; on a sabbatical leave, legislative leave, family leave, military leave, jury duty leave, industrial accident leave, pregnancy/disability leave, disability leave and/or assault leave.

 

Permanent/probationary unit members hired at mid-year are required to complete three semesters before becoming eligible for salary step advancement.  Permanent/probationary unit members not on phased-in early retirement, must be in paid status at least 75% of the assigned days in a school year for that year to be credited. No unit member may receive more than one (1) step (30 units) on the Credit Salary Schedule in any single contract year (e.g. July 1 to June 30).

 

3.9.6.2  Equivalent Non-Credit Service

All permanent/probationary unit members working in the non-credit program as part of their regularly assigned workload shall move on the Credit Salary Schedule in accordance with their years of pro-rated full-time service (when 700 lecture hours or 1050 laboratory hours per academic year constitute an equivalent full-time workload).

 

3.9.6.3  Temporary Credit Unit Members

Vertical movement to a higher step shall be at a rate of one step for every 30 teaching units (or equivalent, i.e. for counselors, librarians, school nurse, and other non-instructional unit members.)  The teaching units earned in the District shall be credited for movement not to exceed step 14 and will be counted at the end of each semester or intersession.  Teaching units earned at other institutions shall be credited for movement not to exceed step 7 and will be counted if satisfactorily documented, but no combination of inside-or-outside-the District teaching units beyond 30 in one year will be counted for purposes of step movement.  Advancement from Step 7 to Step 14 shall be based solely on teaching experience (related work experience will not be credited).  No credit will be given for teaching units obtained outside the District for Step 8 or beyond.  Temporary counselors, librarians, and other temporary non-administrative certificated employees shall receive step advances, with the same limitations as temporary credit teaching faculty based on pro-rated full-time professional experience (i.e. percentage of unit equivalents) Step movement for temporary credit employees who become eligible will be effected at the end of the completed semester or intersession. No unit member may receive more than one (1) step (30 units) on the Credit Salary Schedule in any single contract year (e.g. July 1 to June 30).

 

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3.9.6.4  Temporary Non-Credit Unit Members Step Placement and Movement

After placement on the Non-Credit Instructor Hourly Schedule, unit members shall move from step one following three (3) quarters of district service. from step two following nine (9) quarters of district service; from step three following eighteen (18) quarters of district service in accordance with the provisions of the CBA (See Salary Schedule, Appendix A).  The UPM/AFT contract contains specific exceptions to this rule; i.e., ESL and those teaching a semester program on campus).  Non-credit experience obtained subsequent to initial placement will not change the unit member’s Credit Salary Schedule placement.  (The UPM/AFT contract contains specific exceptions to this rule; i.e., ESL and those teaching a semester program on campus).

 

3.9.7  HORIZONTAL MOVEMENT ON THE CERTIFICATED SALARY SCHEDULE

 

3.9.7.1  Materials Required

Before movement to a higher column may be considered, a faculty member must present an official transcript of the college degree awarded, college units taken, or Continuing Education Units-(CEU) in Nursing, Learning Disabilities or Dental Assisting completed, which-would support the request for change in column on the salary schedule.  The college or university must be accredited by the appropriate regional accrediting organization.  If Continuing Education is required as a part of professional-status (i.e., Nursing, Learning Disabilities or Dental Assisting,) 15 hours of professional training equals one (1) unit.

 

3.9.7.2  Limitations on Receiving Credit

Only upper division or subject-related lower division college credit courses or CEU for Nursing, Learning Disabilities and Dental Assisting will be used for salary schedule purposes.  Community College units will not be used for salary schedule column movement beyond the level of the bachelor’s s degree.

 

3.9.7.3  Time Limits for Submissions of Documentation

All supporting documentation of initial column placement must be received within six months following placement.  If received after that time, the change will be effected be­ginning with the next semester.  For column change following initial placement, unit member must complete requirements for a higher salary class on the salary schedule by September 1 for a July 1 change and all supporting documentation must be received in the Personnel Office by the deadline of December 15 (12/15) for changes effective the preceding July first (7/1).  For changes effective the preceding January first (1/1) unit members must complete requirements for a higher salary class on the salary schedule by March 1 for a January 1 change and all supporting documentation must be received in the Personnel Office by the deadline of June thirtieth (6/30).

 

3.9.7.4  Column Movement for Temporary Credit Certificated Employees

The above paragraphs apply to any temporary credit unit members who are rehired.  Temporary non-credit unit members who also teach credit courses, advance on both salary schedules according to the rules of each.

 

3.9.8  Notification of Initial Step Placement

Within fifteen working days of the initial step and column placement of a unit member on any District Salary Schedule, the District shall notify the unit member of said placement and shall provide UPM with a written explanation of the personnel office decision (e.g. the "Marin Community College District Salary Placement Form") and the subsequent district action.  Should the unit member and/or UPM deem the proposed placement to be unsatisfactory the applicant and/or UPM may appeal via the provisions of the grievance procedure in Article 12 of the CBA.

 

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3.9.9  Challenge to Placement by Permanent/Probationary Unit Members

A permanent/probationary unit member whose employment in the district began after July 19, 1993 may, within 90 days of the effective date of this agreement, request a reevaluation of his/her placement on the credit salary schedule by submitting documentation for consideration by Human Resources.  Applicants who request step placement credit for previous education and comparable work experience and are denied by the district, may appeal via the grievance provisions in Article 12 of the CBA.

 

3.9.9.1  Retreating managers who become unit members and were initially placed on the credit salary schedule after July 19, 1993 shall be subject to all the terms and conditions defined herein.  Salary placements made on or before July 19, 1993, shall not be affected by this agreement.

 

3.9.9.2  All other unit members hired after July 1, 2001 who did not receive placement credit as specified in the criteria and procedures described herein shall have their work history reviewed by Human Resources for the purpose of adjustment of initial step placement (to the step 14 maximum) and adjustment of their current step placement, including credit earned for step movement subsequent to initial step placement.  The adjustments shall be effective July 1, 2002.  There shall be no retroactive payment resulting from any adjustment.  Unit members who were initially placed on the credit salary schedule as temporary employees and subsequently moved to probationary status shall retain their current step placement and thereafter move in accordance with the provisions of this agreement.

 

3.9.10  Vocational-Related Disciplines

 

"Vocational-Related Disciplines" are as follows:

 

Administration of Justice                                                                   Dental Assisting: Registered

Auto Body & Fender                                                                          Design: Applied

Auto Technology                                                                                                Design: Interior

Business/Accounting                                                                         Electronics Technology     

Business  /Clerical Studies                                                                 Engineering Technology

Business  General                                                                                Fire Science

Business  Management                                                                      Indian Justice Systems

Business  Office Studies                                                                     Landscape Construction

Business  Off. Studies - Legal                                                            Landscape Maintenance

Business  Off. Studies - Medical Trans.                                           Landscape Nursery Management

Business  Real Estate                                                                          Machine & Technology

Business  Retailing                                                                              Marine Envir.Technology

Business  Small                                                                                    Medical Assisting

Business Management                                                                       Nursing: Registered            

Court Reporting                                                                                   Pre-School Education

Data Proc/Operation                                                                                                                                                  

Data Proc/Programmer

 

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3.10     Office Hour  (To be effective June 1, 2002)

 

(a)           Unit members teaching credit classes on part-time employment contracts for instruction in the credit program and paid on the Credit Salary Schedule, shall be in their offices available for consultation with students:

 

                Assigned Teaching Units                  No. of Expected Office Hours Per Week of Instruction

                0.1 to 3.0                                                                                One (1) 

                3.1 to 6.0                                                                                One and one-half (1+1/2 )

                6.1 to9.0                                                                                 Two (2)

                9.1 to 12.0                                                                              Three (3)

                12.1 to 15.0                                                                            Four (4)

 

(b)           Unit members teaching credit classes on permanent/probationary employment contracts for instructional overloads or intersessions and paid on the Credit Salary Schedule, shall be in their offices available for consultation with students:

 

                Assigned Teaching Units                  No. of Expected Office Hours Per Week of Instruction

                0.1 to 3.0                                                                                One (1) 

                3.1 to 6.0                                                                                One and one-half (1+1/2 )

                6.1 to9.0                                                                                 Two (2)

                9.1 to 12.0                                                                              Three (3)

                12.1 to 15.0                                                                            Four (4)

 

(c)           Each instructor shall post outside his/her office, the office times when he/she will be present to meet with students, list the office hour in the course materials and provide written verification of the scheduled office hour/s to his/her respective Dean/Director.

 

(d)           The office hour/s is not counted in the 60% load restriction [Education Code] for temporary part-time instructions.

 

(e)           Compensation for the office hour/s is contingent upon the availability of state funding for part-time office hours for each and every successive year. In the absence of compensation (as defined in Section 3.1 of the CBA) office hour/s shall not be required.

                               

3.11 Payment Schedules for Part-TimeTemporary/Intersession Assignments

 

3.11.1     Payment for part-time temporary assignments, including intersessions and stipends will be made within ten (10) working days following the end of the month in which the service is performed.

 

3.11.2     Payments for part-time temporary assignments will be made in five (5) equal payments in the semester, beginning with a mid-month payment in the first full month of a semester, (e.g. Classes beginning in August would begin to receive compensation on the September mid-month payroll).  A unit member assigned a late start class shall begin to receive pay on the mid-month payroll following the month in which service began, (e.g. Class beginning in October – would begin to receive compensation on the November mid-month payroll.)

 

3.12        Compensation – Unit Members Assigned to the Children’s Centers

 

3.12.1     All unit members assigned to the Children’s Center shall be placed on one of the Children’s Center Salary Schedules in Appendix A-2 or A-4 [dated documents] as determined by the placement criteria in Article 3.12 below.

 

3.12.2       The retroactive salary adjustment for the 2000/01contract year shall be based on the Children’s Center Salary Schedules in Appendix A-2.

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3.12.3   The Children’s Center Salary Schedule will be increased by 7.5% for Year 1 of the Contract (2001-2002) and will be increased by 6% taking effect January 1, 2003 for Year 2 (2002-2003). Year 3 (2003-2004) – there are reopeners.

 

3.13     Initial Placement on the Children’s Center Salary Schedule

 

3.13.1Current Unit Members

 

Current unit members employed in the Children’s Center shall be initially placed on the appropriate step and column of the designated Children’s Center Salary Schedules A-3 or A-4 [dated documents] of this T.A., as defined below in 3.13.3 based on their prior employment in MCCD Children’s Centers in the position in which they are being placed as defined in Article 1.1 above. Unit members currently employed in the Children’s Center who move to a different job category shall be initially placed on the appropriate column on the designated Children’s Center Salary Schedule as defined below in 3.12.3 based on their

qualifications in relation to the criteria set forth on the salary schedule. Step placement on the new salary schedule shall be at Step 1 (one) or on the nearest step that provides a minimum 5% increase over their present salary,

 

3.13.2       Newly Hired Unit Members

 

Children’s Center unit members hired after the signing of the T.A. and placed on the Children’s Center Salary Schedule for the first time shall be asked to furnish information and documentation to Human Resources showing “creditable” previous experience which would affect their initial step and column placement on the Children’s Center Salary Schedules. The newly hired unit member will be tentatively placed no higher than step two (2) on the salary schedule (pending review of all required documents submitted to Human Resources). Step 2 is the highest entering step for Children’s Center unit members. All previous “creditable” education and work experience must be documented before the end of the semester or summer session. A change will be made in the salary placement and supplemental pay or payroll deduction accordingly, if:

 

Transcripts and other criteria defined herein support a higher step and/or column placement on the salary schedule, or

Transcripts and/or letters certifying experience, submitted within the semester or summer session, do not verify sufficient and/or creditable course work, or

No documentation is provided by the end of the semester or summer session in which the work takes place.

If the documentation is furnished after the end of the semester or summer session, a salary schedule adjustment will be effective the first pay period following submission of sufficient documentation. There shall be nor retroactive payment.

 

3.13.3       Initial Vertical Placement

 

Initial vertical placement on the Children’s Center Salary Schedule shall be determined solely on the basis of the criteria and procedures enumerated herein. Articles 3.13.2, 3.13.3, 3.14.1, 3.14.2 and 3.14.3 set forth herein shall apply for initial placement of unit members.

 

3.13.4       Vertical Movement on Children’s Center Salary Schedule

 

Unit members assigned to the Children’s Center shall move one (1) step on the Children’s Center Salary Schedule for every four semesters consisting of two 175-day contract years, completed at 100% assigned workload. Unit members who work less than 100% of an assigned workload must accumulate the hours equivalency of a full-time workload to move on the salary schedule. This same formula shall be used to determine service credit for initial placement on a Children’s Center Salary Schedule.

 

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3.14     Horizontal Movement on Children’s Center Salary Schedule

 

3.14.1       Before movement to a higher column may be considered, a unit member must present documentation which would support the request for change of column on the salary schedule. The documentation should include the state issued permit, or an official transcript of the college degree awarded or the college units taken which would support the request for a change in column on the salary schedule. The college or university must be accredited by the appropriate regional accrediting organization.

 

3.14.2       Time Limit for Submission of Documentation

 

All supporting documentation of initial column placement must be received within six months following placement. If received after that time, the change will be effected beginning with the next semester. For column change following initial placement, unit member must complete requirements for a higher salary class on the salary schedule by September 1 for a July 1 change and all supporting documentation must be received in the District Human Resources Department by the deadline of December 15 for changes

effective the preceding July 1. For changes effective the preceding January 1, unit members must complete requirements for a higher salary class on the salary schedule by March 1 for a January 1 change and all supporting documentation must be received in the District Human Resources Department by the deadline of June 30.

 

3.14.3       Notification of Initial Step Placement

 

Within fifteen (15) working days of the initial step and column placement of a unit member on the Children’s Center Salary Schedule, the District shall notify the unit member of said placement and shall provide UPM with a written explanation of the District Human Resources Department decision (e.g. the “Marin Community College District Salary Placement Form’) and the subsequent District action. Should the unit member and/or UPM deem the proposed placement to be unsatisfactory, the applicant and/or UPM may appeal via the provisions of the grievance procedure in Article 12 of the CBA.

 

3.15     Site Supervisor – Summer Session/Short Term Leave Rate of Compensation

 

The Site Supervisor working the summer session shall be reimbursed on a prorated base of 80% of the Site Supervisor hourly rate (as determined in Articles 3.12.1 through 3.12.3). Teachers employed as the Site Supervisor during summer session shall be placed on the Site Supervisor Salary Schedule and be paid at 80% pro rata. The same rate shall apply in cases of coverage for Site Supervisor short-term leave greater than four full weeks.

 

3.16     Compensation: Reassigned Time, Overload and Stipend

 

Compensation for reassigned time, overload or stipends shall be as follows (See Appendices A-1 and A-3 of the Credit Salary Schedule)

 

(a)   Reassigned Time:        100% pro rata

 

(b)   Overload:  Unit members shall be provided overload compensation in accordance with Article 3.1 of

the CBA. The Site Supervisor and Assistant Site Supervisor positions in the Children’s Center shall be paid at 80% for overload work.

 

(c)   Stipend:  The stipend rate of $46.41 per hour shall thereafter be increased on a yearly basis by the same percentage as Column 3, Step 10 on the credit salary schedule effective July 1, 2002 and January 1, 2003.

 

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(d)   Substitute Pay:  The Substitute Instructor Salary Schedule shall be modified to show the substitute

rate equal to the stipend rate, to be increased by the same percentage rate as column 3, step 10 on the Credit Salary Schedule as of July 1, 2001 and January 1, 2003.

 

(e)   Intersession Pay:  Unit members shall be provided compensation for working during intersession in

accordance with Article 3.1 of the CBA. The Site Supervisor and Assistant Site Supervisor positions in

the Children’s Center shall be paid at 80% for intersession work.

 

3.17  Payment for Overload Unit(s)

 

All units above 15 for the semester or above 30 for the year will be compensated and paid at the overload rate of pay. The practice of delaying temporary overload payments for full-time unit members until first census in the Fall semester is discontinued effective Fall semester, 1999.

 

(a)           A full-time unit member assigned a temporary overload contract shall be paid in five (5) equal

payments, beginning with the first pay period of each semester in which contract service was

performed (August of the Fall semester, January of the Spring semester).

 

(b)           Department Chairs, UPM and Academic representatives assigned duties during June and July shall

be paid in six (6) equal payments beginning in July and/or January.

 

(c)           A unit member teaching a late starting class(es) shall begin to receive pay on the mid-month payroll following the month in which the service began (e.g. class beginning in October would receive pay for that service on the November mid-month payroll).

 

3.17.1       Salary: Reduced Load

 

If a unit member receives a reduced load approved by UDWC, his/her salary shall be reduced on a pro-rated basis and deducted in equal amounts for the remaining pay periods of the contract.

 

 

Except as specified herein, all other provisions of Article 3 do not apply to unit members assigned to the Children’s Center.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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