ARTICLS 14, 15

ARTICLE 14:  DISTRICT RIGHTS

(Entire Article Applicable to Children’s Center Unit Members

The right of the District to manage the operations of the District shall remain unchanged except as it may be restricted or limited by the terms of this Agreement.

14-1

ARTICLE 15:  REDUCTION IN FORCE

15.1  Bumping Rights

15.1.1   Lay-Off Notification.  If it becomes necessary to decrease the number of unit members represented by UPM, the District will issue lay-off notices to unit members by March 15th to be effective on June 30th of the same school year provided the District has first met its obligations as stated in 15.1.2 below.

15.1.2  Transfer.  To utilize the services of permanent unit members efficiently, and to meet the requirements of EC 87743, the District will first transfer permanent unit members into any and all partial or complete alternative assignments occupied by temporary, contract, probationary, and or less senior permanent unit members, said transfers to redirect permanent unit members into alternative assignments in both the credit and or non-credit programs of the District.

15.1.2.1  The transfers required by 15.1.2 shall be made on the contractually agreed upon minimum qualifications and competency criteria.

15.1.3  Transfer Notification.  Notice of involuntary transfers, to avoid the termination of permanent unit members, shall be sent by the District to permanent unit members on or before March first in the academic year immediately preceding the academic year in which the layoffs are to become effective.

15.2.  Re-employment Rights

15.2.1  If the District has engaged in a reduction in force (as provided for in 15.1.1 above), the District shall within a period of 39 months re-employ permanent unit members who are on a partial or complete termination status into credit and or non-credit courses/programs or other contractual duties for which the unit member is minimally qualified and competent.  This shall include but is not limited to, teaching courses which meet the contractual minimum class size, counseling, librarianship, substitute teaching, replacing unit members on any form of leave or reduced load, replacing unit members who have died, performing any function which is performed by unit members on reassigned time and teaching or performing any function in the non-credit program. In addition, laid-off or partially terminated permanent unit members shall be given first opportunity to develop and instruct new credit and/or non-credit courses which shall be scheduled and continually offered by the District if their enrollment(s) reaches the contractual minimum of twenty students initial enrollment per class. Implementation of this section of this contract shall comprise the District's contractual method of achieving compliance with EC 87744.

15.2.2  Unit members who have been laid off shall be reinstated in order of seniority for a period of thirty-nine (39) months.  Seniority shall be defined as the length of paid service with the District as defined by statute.  The offer of such position by the District shall be sent by certified mail by the District 45 days  before the first day of reemployment of the unit member (or immediately upon the District learning of the vacancy if the discovery occurs within 45 days of the course/assignment beginning date) and shall be accepted or rejected by the unit member within ten (10) calendar days of the receipt of reemployment notice.  The unit member must be prepared to begin reemployment on the first scheduled day of their new assignment.  UPM will propose a method of assuring unit members on partial or complete termination of their right to create and teach credit and or non-credit courses so long as these courses meet the minimum contractual class size.

15.2.3  Conflicts between the rights of unit members asserting their rehire rights during the thirty-nine months for which these rights exist shall be settled on the basis of seniority.  Unit members exercising their rehire rights shall retain the right of first refusal during their period of rehire rights. UPM shall receive copies of all notices sent unit members regarding their rehire opportunities.

15-1

15.3  Seniority Rights During Re-Employment

Seniority shall be defined as beginning with the first date of paid service with the District, as defined by statute.  For purposes of this policy, any paid leave granted, i.e., sabbatical, professional, maternity, military, etc., shall not constitute an interruption of service, nor shall any reduced load assignment constitute an interruption of service.

15.4  Salary and Fringe Benefit Coverage of Re-Employed Unit Members

All partially or completely terminated unit members, upon their partial or complete reinstatement, shall be paid their pro rata salary equivalent of their column and step placement on the permanent credit salary schedule. In addition, unit members reduced in load but not terminated in their employment shall continue to receive all of their fringe benefits if they retain fifty percent or more of their former full-time workload or its equivalent.  Unit members reduced to workloads of less than half of their former permanent position, but more than or equal to forty percent of their former workload, shall immediately receive Kaiser medical coverage for the employee and one dependent if they are reinstated for unit member work during their thirty-nine months of re-employment rights.  Unit members reduced to workloads of less than forty percent of their former permanent position, but more than or equal to ten percent of their former workload, shall immediately receive fifty dollars a month towards Kaiser medical coverage if they are reinstated for unit member work during their thirty-nine months of re-employment rights.  The District is not obligated to pay fringe benefits to unit members reduced to workloads of less than ten percent of their former workload.

15.5  Benefits: Laid-off Unit Members Not Re-Employed

Laid-off unit members, who have not been reinstated, may be continued in the District's medical and dental insurance programs at their own expense for the thirty-nine (39) months in which they have return rights as employees.  Unit members utilizing this option must pay each twelve (12) months of continued benefits on or before July 1 of each academic year.

15.6  Right to Assignment: Unit Members on Re-Employment List

No new faculty appointments shall be made, nor shall managers be assigned to teach credit or ADA generating non-credit courses while there are unit members on the re-employment list who are qualified for the position and who are available for reinstatement unless said unit members formally refuse reinstatement and resign from the District.

15.6.1  The District shall not seek to nor engage in the "contracting out" of unit member work during the 39 month period of reemployment rights of any UPM unit members.

15.7  Layoff Notification

The District will provide the Union with a seniority list and will notify the Union in writing of the names of all unit members to be laid off, their last date of paid service, and their individual assignments during the last period of employment.  This notice shall be given simultaneously with notification of the unit members.

15.8  Competency Criteria

Competency criteria under which seniority rights for bumping, transfers and assignments in the credit program may be exercised by those unit members holding California State Community College Teaching Credentials and/or meeting the minimum qualifications (as defined in 15.12 of the CBA) and meeting competency criteria (defined in this section)  

15-2

The individual possesses one or more                                             and satisfies the following criteria:

of the following credentials:

1.  Credential specifying Major....................................................... (a) 9 teaching units in the discipline in a credit program at an accredited college or university within the last 7 years.

      Life CC Instructor                                                                         

      Life Standard Jr. College [Fisher]

      Life Standard Designated Subject

      Life Special Secondary

      Life Standard Secondary                                                                                                    OR

      HSPS Instructor/Grandparent Waiver

      HSPS Instructor/Waiver

                                                                                                          b) 9 semester units of upper division or

                                      OR                                                                   graduate work in the discipline at an        accredited institution in the last 7 years.

      UPM/MCCD Discipline List (See 15.8.7 below)

                                                                                                                                                       OR

                                      OR

(c) credentialed and, completing in the last 7

       MCCD Credential                                                                          years,  24 semester units in the discipline, at the upper division and graduate levels, including at least 12 semester units at the graduate level, at an accredited institution.

2.  Credential specifying Minor...................................................... (a)  24 teaching units in the discipline in a credit program at an accredited college or university in last 7 years.

      Life CC Instructor                                                                         

      Life Standard Junior College

      [Fisher]                                                                                                                                  OR

      Life Standard Designated Subject                                             

      Life Standard Secondary                                                              (b)  credentialed and, completing in the last

      MCCD Minor Award                                                                    7 years, 24 semester units in the discipline,

                                                                                                                including 12 semester units in upper division

                                      OR                                                                   work, at an accredited institution, plus 9

                                                                                                                teaching units in the discipline in a credit

      UPM/MCCD Discipline List (See 15.8.7 below)                        program at an accredited institution at any time.

                                      OR

      MCCD Credential

3.  Credential not specifying major or minor............................... (a)  Master's Degree in the discipline from an accredited institution, plus 1.(a) or 1.(b) or 1.(c) above.

      Life General Secondary                                                                

      Life Junior College

      [Pre-Fisher]                                                                                                                           OR

15-3

OR                                                          (b)  24 upper division and graduate level semester units in the discipline, including

       UPM/MCCD Discipline List (See 15.8.7 below)                       12 semester units at the graduate level,

                                                                                                                from an accredited institution, plus 1.(a)

                                                                                                                or 1.(b) or 1.(c) above.

                                              OR

                                                                                                                                                      OR

      MCCD Credential

(c)  24 semester units in the discipline, including 12 in upper division from an accredited institution, plus 2.(a) above.

4.  Life CC Librarian......................................................................... (a)  Paid professional college library experience at an accredited college or university library, equivalent to 15 teaching units, in the last 7 years.

                                           OR

      UPM/MCCD Discipline List (See 15.8.7 below)                                                              OR

                                               OR                                                          (b)  credentialed and, completing in the last

7 years, 24 semester units at the upper division and graduate levels, including

      MCCD Credential                                                                          12 semester units                 at the graduate level, at an accredited institution.

5.  Life CC Counselor…………………………………………(a)  Paid professional college counseling

                                                                                                                experience at an accredited college or

                                                                                                                university equivalent to 15 teaching units, in

                                                                                                                the last 7 years.

                                                OR                                                        

      UPM/MCCD Discipline List (See 15.8.7 below)                                                              OR

                                                OR                                                         (b)  credentialed and, completing in the last

                                                                                                                7 years, 24 semester units at the upper

division and graduate levels, including 12

MCCD Credential                                                                          semester units at the graduate level, at an

                                                                                                          accredited institution.

6.  Life Limited Service Credential, issued prior........................ Senior only to permanent District employees  

      June                                                                                       hired during or after June, 1986.

15-4

15.8.7  Disciplines:  The existing disciplines list is the same as the FSA in 15.13 and shall be modified to reflect additions to or deletions from the College academic program.

EXISTING DISCIPLINES LIST

ACCT                 BEHS                      COUR                     ENGG                     H ED                       MMST                   S SC

ADPE                  BIOL                       DANC                    ENGL                      HIST                       MNGT                    SOC
A J                       BOS                        DENT                     ESL                         HUM                      MUS                       SPAN
ANTH                 BUS**                   DVSK                     ETST                      ITAL                      N E                          SPCH
ARCH                 CCH                        DRAM                   FMTV                    JAPN                      P E                          STAT
ART                    CHEM                    ECE                         FIRE                       JOUN                     PHIL                       STSK
ASTR                  CIS                          ECON                     FREN                      LIBR                       PHYS                      WELD

AUBF                 COMM                  EDUC                     GEOG                     MACH                   POLS
AUTO                 COMP                    ELEC                      GEOL                      MATH                   PSY                        
BSED                  COUN                    ELND                     GERM                    MEDA                   REAL                     CHCNTR

**  Included in Business discipline:  Communication, General, Retail and Retail Management.

15.9  Competency For Bumping Into Adult Education

A senior permanent unit member shall be competent to be reassigned to courses/programs/newly created offerings in the ADA generating non-credit program, displacing a temporary unit member or a permanent unit member with a lower seniority status, if the senior unit member meets the criterion stated in 1 below, or if the senior unit member meets criterion stated in 2 plus either of the criteria stated in 3 or 4 below:

15.9.1  Possession of at least a credential minor, District granted teaching minor, partial fulfillment or limited service credential in the subject matter of the course to be taught (the relationship between credentials and course contents shall be subject to mandatory negotiations between UPM and the District, through the Professional Affairs Committee, with said negotiations occurring under the negotiation and arbitration provisions of Article VIII subsection 8.12.2, and with said negotiations occurring prior to February 15th preceding the March 15th on which termination notices are to be sent); or

(a)  Possession of a minimum credential (District or State granted community college credential, general secondary credential, partial fulfillment credential, or a limited service credential); plus

(b)  Documented paid or volunteer experience equivalent to 30 hours of employment in the last seven years, teaching, consulting, performing  or counseling, in the area(s) in which the unit member will be instructing, advising and or counseling in the non-credit program; or

(c)  Documented experience in teaching courses, which were offered in a District's ADA non-credit program over the last seven years, or in teaching similar or related courses in any college credit program over the last ten years.

15.10  Competency For Bumping Into ESL Instruction

A senior permanent unit member shall be competent to be reassigned to courses/programs/newly created offerings in the ESL program, displacing any temporary employee, or a permanent unit member with a lower seniority status, if the senior unit member meets one or more of the criteria stated in a. below, or if the senior permanent unit member meets the criteria stated in b. and c. below:

(a)  Credential in ESL and or a certificate in ESL.

15-5

(b)  A credential in a foreign language or a credential in special education with a minor in English, plus 3 below;

(c)  The equivalent of two years of adequate recent experience teaching ESL, or teaching remedial English, or teaching English in basic education classes within the last seven years.

15.11  Competency For Bumping Into Disabled Instruction

A senior permanent unit member shall be competent to be reassigned to courses/programs/newly created offerings in the disabled students program, displacing any temporary unit member, or a permanent unit member with a lower seniority status, if the senior unit member meets one or more of the criteria stated in a. below or if the senior permanent unit member meets the criteria stated in b. and c. below:

(a)  Community College Counselor credential with a special education-handicapped designation for counseling assignments; a Community College Instructor's credential with a special education-handicapped designation for instructional assignments; or

(b)  A Community College Counselor credential for counseling assignments; a Community College Instructor's credential for instructional assignments; plus                                                                               

(c)  The equivalent of two years of recent experience counseling or teaching disabled students in the last seven years.

15.12  Minimum Qualifications

To meet minimum qualifications provided for in 15.8, 15.13 and 15.14  unit members hired after July 1, 1990 shall possess one of the following:

(a)  A master's degree from an accredited institution, or equivalent foreign degree, in the discipline of the faculty member's assignment.

(b)  A master's degree from an accredited institution, or equivalent foreign degree, in a discipline within the same FSA (as defined in 15.13) and possession of a bachelor's degree from an accredited institution, or equivalent foreign degree, in the discipline of the faculty member's assignment.

(c)  For unit members assigned to teach courses in disciplines where the master's degree is not generally expected or available, which are, generally, disciplines in specialized technical, trade, or industrial fields, either of the following:

                (1) Possession of a bachelor's degree from an accredited institution, or equivalent foreign degree, in a discipline within the same FSA (as defined in 15.13), plus two years of professional experience, plus appropriate certification to practice or licensure or its equivalent, if available.

                (2)  Possession of an associate degree from an accredited institution in a discipline within the same FSA (as defined in 15.13), plus six years of professional experience, plus appropriate certification to practice or licensure or its equivalent, if available.

15-6

15.13  Faculty Service Areas

(a)                 There shall be Faculty Service Area 1for the purpose of establishing minimum qualifications for seniority rights/reduction in force, transfers and assignments as follows: 

FACULTY SERVICE AREA 1

                                                                                                                                                                                                  
 ** Included in Business FSA: Communication, General, Retail and Retail Management.  

(b)                 There shall be Faculty Service Area 2 for Children’s Center unit members only for the purpose of establishing minimum qualifications for seniority rights/reduction in force, transfers and assignments as follows:

FACULTY SERVICE AREA 2

Children’s Center                         

15.13.1.  For purposes of Education Code Sections 87743, 87743.1, 87743.2, 87743.3, 87743.4, and 87743.5, 87744 and 87745 the list of "Faculty Service Areas" (FSA) in the Marin Community College District shall be derived from the state minimum qualifications-for-hire discipline list as defined by the Board of Governors in compliance with Education Code Section 87356, 87357, 87358 and 87359 (as provided for in 15.12 of the CBA).  A unit member will be considered "competent" in an FSA if the unit member satisfies the state minimum qualifications-for-hire, including the equivalence provision, for the discipline of the FSA (as defined in 15.8 of the CBA).

15-7

15.13.2.  For permanent unit members who are employed as of June 30, 1990 and thereafter, the District shall provide each unit member with a list of faculty service areas in which he or she is qualified and competent by May 15, 1991. The District shall review each current unit member's personnel file in order to determine their qualifications and competency in the District faculty service areas.

The District shall be responsible for sending out the decisions to the individual unit members. The District shall provide each permanent unit member a list of those faculty service areas for which he or she possesses the qualifications and competence as determined by the unit member's records on file with the District within sixty (60) days of application or hire.  Unit members may grieve via the provisions of Article 12 of the CBA in the event of a dispute.

15.13.3.  A unit member may petition for recognition of competence in an FSA by filing a petition for such recognition with the District.  It shall be the responsibility of the unit member to provide the District with all records necessary to substantiate the claim of qualification and competence.

15.13.4.  Refusal to grant recognition in a faculty service area is grievable under Article 12 of the CBA.

15.13.5.   The last day to apply for recognition of a faculty service area for use in any academic year is February 15th of that academic year.

15.14         Competency for Bumping into Children’s Center

Competency for bumping into Children’s Center as a result of a reduction in force shall be limited to unit members from the Children’s Center FSA.

15-8