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LOCAL 8599
Some Previous Questions...and Answers!
My supervisor denied my vacation request! Can he do that? What does the Contract say?

Article 30 of the USW Contract states that.."..vacations shall be scheduled at the discretion of the District and, as nearly as possible,
at the convenience of the Classified Bargaining Unit employee..
"  At the BOE meeting on July 15th, 2009,  President Bruce asked the
Superintendents office for clarification of these instructions. If needed, this article of the Contract may be opened for re-negotiation....
How do I know if I have a grievance or a complaint? What exactly is a "complaint" anyway?

A grievance is a violation of the Steelworker Contract. Grievances must list the Article that has been violated, along with details of
the violation and remedies sought. Grievance procedures are outlined in Article 14 of the Contract.  Grievances ultimately can be
heard by an independent Arbiter, if the District and the Union cannot resolve them before-hand
.
A complaint is any unfair situation that is not specifically a grievance. The complaint process is shorter and less structured.
Complainants are usually interviewed by District Council or by the Human Resources Director.  The Union can help you formulate
and write your complaint. Unfortunately,  not all complaints result in positive action
.
Someone told me about the Catastrophic Leave Bank, but I don't understand exactly what it is all about. Is it worth giving up 5 days of
sick pay to join? What are the details?

The Catastrophic Leave Bank can be a great benefit to our members. You simply make a one-time donation of five sick days into the
Bank during the enrollment period. Then, if you experience a catastrophic illness or injury, you will have access to up to 80 paid sick
days. These are in addition to your "regular" sick pay, and also in addition to the "extended leave" 100 day 1/2 time pay that is also
available to all employees. Once you have exhausted all your regular sick pay, any accrued vacation, and are about to begin
receiving "extended leave" benefits, you can also apply for
Catastrophic Leave. This will supplement the 1/2 pay you receive, and if
you exhaust all the "extended leave" pay, you can receive full day pay benefits from the
CLB until you have received a full 80 days.
Remember, the sick pay you receive is based upon your regular work day, so if you have a less-than 8 hour work day, you will
receive less-than 8 hours of sick pay. More details are available by calling the Union Hall at 909 823 6755.
My Supervisor wrote me up! My Union Rep suggested I write a rebuttal and attach it to the Supervisors paperwork. Can I really do
that? What difference does it make? How long do I have to submit my rebuttal?

A rebuttal is a very good idea. Whether you agree or disagree with your supervisor, your rebuttal is your chance to give details and
an explanation of events. It is YOUR side of the story. You have the right to place a rebuttal within 10 days of receiving written
discipline.
Your rebuttal CANNOT be rejected. Your Union Rep can help you write a reasonable, non-emotional statement that will
help anyone who reads it better understand the facts surrounding the discipline event.
If we are hired as a Bilingual Aide, are we supposed to be teaching classes, making lesson plans, or doing office duties? What does our
contract say about Bilingual Aides helping in the classroom?

The job description for Bilingual Aide says that you are to "provide individual and small group learning activities to reinforce the
instructional program defined by the
Teacher.  It also says: "Selects appropriate reading and resource material for students..." and
also:
"Develops and prepares instructional material such as teaching aids, charts, and bulletin boards".
You should not be
teaching the class, making lesson plans, or doing any office duties not related to helping your teacher.
Why is the Union suggesting (in the newsletter I just received) that we change to using Class Seniority instead of Hire date? I think this
is a terrible idea and goes against what a union is supposed to be all about!

The Union is not suggesting this change. The President has been contacted by members who feel strongly that making a change
like this would be a great idea. He has agreed to
allow a discussion and referendum on the issue. Since this is the first time in over 5
years that any member will have the chance to really discuss changes to the contract, the President feels that
no member should be
denied
the chance to voice his or her opinion. All interested members should attend the General Membership meeting on Saturday,
September 19th, 2009 and
they will be heard.  Many members have expressed opposition to this proposed change. It is the
President's expectation that a
civil discussion of the pros and cons will take place, in the interest of brotherhood and solidarity, and
a referendum of some kind will follow in the weeks after the meeting.
My supervisor told me to do something that I think is not in my job description. Can I file a grievance? Can I refuse to do the work?
Where can I get a copy of my job description?

You should not refuse to do any job your Supervisor gives you, unless the job is unsafe in some way. In most cases, you should do
the work, and then
call the Union for help in determining if the work is within your job description. The Union maintains a binder that
contains every classified job description in the District. You can request a copy of any job description for your records. If it is
determined that the work is
outside your job description, the Union will help get the situation corrected, which could include filing a
grievance.
I would like to know why current employees who fill out a transfer request cannot just move into another position if it is the same hours
and pay range. There seems to be an awful lot of nepotism in this District. Most people know they are going to be hired before they even
go to the interviews!

Current policy is that a lateral transfer like you are describing can go forward, as long as the position is open. The Union's position
is that outside applications accepted should only qualify the applicants for the position that YOU vacate to take the new one. Then, if
there are intra district transfer requests for your old job, the process continues until there are no are multiple intra district transfer
requests for the same job opening,
hire date seniority is controlling.no  There is consensus with the District on this point, and we
know that outside applicants are being interviewed for every job. It is possible that this issue may be resolved by negotiating the
language contained in Article 10 of the Contract. Also, in some
isolated cases, jobs may be filled using the Administrative transfer
process, which is
not subject to hire date seniority, but does need Union approval. Your Union is in favor of more transparency in all
areas of the hiring process, and more favorable treatment for current employees, and has made suggestions to the Human
Resources Department in regards to this.
Is my supervisor allowed to change my hours at her convenience for mass enrollment making us come in later to work later?  And when we
are working our normal hours can our supervisor just say that we have to stay and finish helping parents even if that means going over
our 8 hours with no overtime pay?

The short answer to the first part of your question is yes. Article 6 of the Contract states (in part):

The District may: Determine its organization; direct the work of its Classified Bargaining Unit employees; determine the times and
hours of operation;

Of course, it is expected that any Supervisor that needs to change hours to better service the students or parents would
give plenty of notice and
be sensitive to the disruption this may cause to the employees affected.

As to the second part of your question, the
only answer is ABSOLUTELY NOT.  It is expected that every employee of this District will
be paid for every hour (or part of an hour) that they work. Under
NO CIRCUMSTANCES is overtime mandatory or unpaid.  Please
contact the Union Hall directly to report your situation.  Your Union will make sure you get paid, and that your Supervisor complies
with the Contract as well as State Labor laws.
Is there a cost to attend the holiday dinner at Sierra Lakes and do we have to make a reservation?

No, there is no cost to the member at all. No reservations are required, either, but you will need to show a picture ID and be verified
as a
dues-paying member in order to attend. Verified members may bring an adult (non-member) guest along, also at no cost!  There
will be door prizes, dinner and dancing. Contact your Union Representative for more information,
or just
click here...
Can we have something negative put in our personnel file without our knowledge and how can we find out what is in our file?

No, all discipline or other negative information will only be put into your official personnel file as a result of a meeting with your feel
are important. This is not the same as a personnel file and is not transferred to your official personnel file without your
check your
official personnel file
No, all discipline or other negative information will only be put into your official personnel file as a result of a
meeting with your knowledge. Your Union recommends that you  periodically to  see if there is negative information there that is
out-dated or inaccurate. To do this you need to contact Classified Human Resources and there that is out-dated or inaccurate. To do
this you need to contact Classified Human Resources and  You  You
make make can have Union Representation while checking
your file, or to help you make your request.
Representing FUSD employees for over 30 years