Employee Association Contract

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I. Preamble

In order to establish harmonious and constructive relationships between the Berkeley Student Cooperative (BSC) and the Berkeley Student Cooperative Employee's Association (EA), and to ensure the efficient and uninterrupted operation of the BSC, the BSC and the EA have agreed to the following terms.

II. EA Composition, Rights, Contract Terms

A. Nature of Agreement

It is mutually agreed that it is the sole right of senior management to manage the BSC and to direct the working forces, subject only to the conditions expressly set forth herein.

1. The EA is the exclusive bargaining agent for all BSC employees except those explicitly excluded under Section 2 of this contract. Accordingly, the terms and conditions expressed in this agreement are explicitly recognized as forming a binding contract between the BSC and the EA.
2. If any part of this contract is declared/rendered invalid by existing or future legislation, the invalidation of the part shall not invalidate the whole, and the other parts shall remain in effect. The EA and the BSC agree that the contract may be reopened by either party upon 30 days written notice for negotiations over the invalidated part(s).
3. This contract shall run from February 27th, 2016 through November 30th, 2018.
4. Each new employee of the BSC must be given a copy of this Employee Contract by the BSC.
5. For the duration of this agreement, the BSC will not attempt to remove any employee from the EA.
B. Definitions and Classifications of Positions
1. The EA is the exclusive bargaining agent for the purposes of bargaining for wages, hours, and working conditions of full-time and part-time employees, excluding the following:
The Executive Director
The Operations Manager
The Finance and Accounting Manager
The Central Maintenance Supervisor
The Cooperative Experience Manager
The Human Resources Manager
2. Also excluded from the EA are consultants, temporary employees, and employees in positions for which only current BSC members are eligible.
3. Full-time employees are employees whose job description authorizes 28 hours per week or more.
4. Part-time employees are employees whose job description authorizes less than 28 hours per week.
5. For the purposes of this contract, the term “senior management” shall refer to the Executive Director, Operations Manager, Finance and Accounting Manager, Cooperative Experience Manager, and Human Resources Manager.
C. Representation on BSC Board of Directors and Committees
1. The EA Employees shall have the right to seat one voting member on the BSC Board of Directors. This representative may be excluded from executive sessions in which negotiation or re-negotiation of the terms of this Contract is to be discussed.
2. EA Board Director may be excluded from executive sessions in which the terms of this Contract are to be discussed.
3. The EA shall have the right to seat one voting member on the Internal Affairs Committee.
4. The EA shall have the right to seat one voting member on the Personnel Appeals Committee (Defined in I.B.12. of the BSC Policy Directory).
5. Those staff members who have the right to sit as non-voting members of the Hiring Committee cannot be excluded from any of the proceedings of the Hiring Committee.
6. Compensation for Employees’ representatives under Section II.C shall be paid by and at the discretion of the EA.
D. Dues Checkoff

The BSC will deduct from each paycheck dues and assessments in an amount approved by the EA and confirmed by the EA President from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month by the BSC to the EA.

E. Strikes

It shall constitute a breach of contract for the EA to conduct a work stoppage or slowdown while this contract is in force. It shall constitute a breach of contract for the BSC to engage in a lockout while this contract is in force.  

III. Employee Pay, Hours, Job Descriptions

A. Pay
1. Salary/Wage Scales.
a) Starting salaries and wages shall be set by the Board of Directors based on a good faith effort to consider the following factors: kind of work and level of responsibility, salaries or wages paid in private industry, in the BSC, non-profits, and public agencies in the Bay Area, local housing costs, cost of living, promotion opportunities, and working conditions.
b) The BSC will regularly update and provide the EA with the current wage scales for EA positions.
c) The Board of Directors will regularly conduct an assessment of its current salary and wage scales, compare them to the current market value of comparable work, and make adjustments to the wage scale as necessary in order to reflect recent changes in external economic conditions.
d) The salary/wage of positions in the BSC shall be reviewed every three years. The BSC will make a good faith effort to initiate this review during the Fall 2016 housing contract period.
e) The salary/wage review for a position shall be discussed during at least one Internal Affairs Committee Meeting and any recommended alterations shall be approved by the Board of Directors.
f) The Executive Director shall notify the EA President at least four weeks in advance of these discussions and provide a written report of the proposed changes to the affected employee(s) and the EA President at least one week in advance of these discussions.
g) No current employees may have their wages lowered or their wage scale downgraded as a result of this review; however, changes to unfilled positions are at the discretion of the Board of Directors.
2. Pay.
a) New employees are normally paid the minimum rate for the position. Employment below or up to 41% above of the salary range may be allowed under unusual circumstances at the discretion of the appropriate manager, with the approval of Cabinet offers not at the minimum for the position require the approval of the President, the Vice President of Capital and Finance, and the Vice President of Internal Affairs at the request of the appropriate senior manager.
b) Employees are hired to perform duties as assigned in their job description at a specified salary/wage. In the interest of efficiency, economy, providing service to the members and/or employee job satisfaction, the immediate supervisor may temporarily alter the employee’s duties. However, re-classifications of positions shall be made in accordance with the provisions of Section 23. Any long term changes in duties (in excess of one semester) or any changes in salary must be approved in advance by the Internal Affairs Committee and the Board of Directors. Retroactive pay increases will be disallowed.
c) Salaries/wages of employees shall be paid every two weeks and shall be accompanied by a statement of gross wages and all deductions from wages.
3. Hours of Work.
a) Non-exempt full-time employees are expected to work 8 hours a day, Monday through Friday, (with breaks as allowed in this contract and in accordance with applicable State and Federal law), except in the case of holidays, or other leave as approved by the appropriate manager. Overtime will be paid in accordance with all applicable State and Federal law.
b) Exempt employees may work an alternative work schedule to help provide quality services to our members, subject to the approval of the employee’s actual work schedule by the Executive Director.
c) Employees working at the overtime rate without prior approval of the overtime by their supervisor will still receive overtime pay as determined above, but may be subject to disciplinary action for failing to seek prior approval of overtime in non-emergency situations.
d) Hours worked in a given day with respect to breaks will be calculated in accordance with California State law.
e) Employees who work 5 hours or more in a workday are entitled to 1 uninterrupted unpaid meal period of 60 minutes.
f) The actual work schedules shall be set at the discretion of the Executive Director after discussion with the employee and their immediate Supervisor.
4. Incentive Pay. Incentive pay shall be at the discretion of the appropriate senior managers, subject to the following guidelines:
a) Each employee’s job performance shall be reviewed the employee’s immediate supervisor, in consultation and with the approval of senior management, during the month of December and other times as appropriate.
b) All employees shall be considered for a raise of between 0 and 5 percent at least once per year based on these reviews, at the discretion of senior management.
c) Under no circumstances shall an employee’s wage exceed the maximum salary/wage for their position as approved by the Board.
d) Employees may be considered for and awarded merit increases and bonuses at any time during the contract period (not just upon being reviewed).
e) Employees may be awarded merit increases and bonuses within their first year of service in their current position.
f) Merit bonuses are designed to recognize exceptional performance in specific areas and accomplishments. As such, bonuses are to be treated independently from merit raises. All employees are eligible to receive bonuses at any time. Employees are not restricted in the number or amount of merit bonuses they may receive in one year.
B. Cost of Living Adjustment
1. Index. The Bay Area Consumer Price Index for Urban Wage Earners and Clerical Workers shall be the sole basis for cost-of-living adjustments.
2. Adjustment. On June 1 of each year, all employees shall receive an adjustment to their hourly wage or salary equal to the change in the index calculated for the preceding year, based on the preceding March’s figures. The adjustment made in any year shall not exceed ten percent. In no case shall the adjustment be negative.
C. Creation, Alteration, and/or Elimination of Positions
1. Creation of Positions. Only the Internal Affairs Committee may recommend the creation of a new position to the Board of Directors.
2. Alteration. Alteration of a position shall refer to any change in job duties (for more than one semester), in salary/wages, or in working hours. In the alteration of a position, current employees may only have their salary/wages altered in conjunction with commensurate changes in job duties.
3. Elimination. If a position is altered such that an employee is no longer qualified or able to fulfill the duties of the position or if a position is eliminated:
a) The employee shall be given two weeks’ notice of the decision or two week’s salary in lieu of notification.
b) The employee shall receive severance pay equivalent to one-and-a-half week’s pay for each year of service, not to exceed 20 weeks.
c) The Board of Directors shall consider elimination after all reasonable alternatives have been excluded.
4. Notice and Review Process.
a) Any alteration and/or elimination of position must be discussed during at least one Internal Affairs Committee meeting and one Board meeting.
b) The Executive Director shall notify the affected employee(s) and the EA President at least two weeks in advance of these discussions.
c) At least one week’s notice must be given to the Board of Directors before the Internal Affairs Committee may consider the creation of a new position.
d) The Internal Affairs Committee and the Executive Director shall review the position at an open meeting of the Internal Affairs Committee. The Internal Affairs Committee shall make a recommendation to the Board of Directors, which will make the final decision.
D. Temporary Reclassification of Work Duties and Responsibilities
1. There are occasions when an employee is absent for an extended period and other employees are asked to perform the duties of the absent employee. There are normally three different ways in which the absent employee’s duties and responsibilities are carried out:
a) No one person is assigned a substantial share of both the duties and responsibilities of the absent employee.
b) One person is assigned a substantial share of both the duties and responsibilities of the absent employee. However, they require more supervision or assistance than one would expect of someone permanently assigned to the position after six months in the position.
c) One person is assigned the position and requires no more assistance than one would expect of someone permanently assigned to the position after six months in the position.
2. There are generally two manners in which an employee becomes absent for an extended period of time:
a) Employees who give two weeks or more notice of intended vacations, maternity, or other leave.
(1) In the event other employees fill in as defined in Section D.1.a) above, there shall be no salary adjustments.
(2) In the event one person assumes a significant amount of the duties and responsibilities as defined in Section D.1.b) above:
(a) They shall receive no salary/wage adjustment if the absence is twenty working days or less.
(b) They shall receive the average of their salary/wage and the starting salary/wage for the assumed position for the entire absence, if the absence is for more than twenty working days.
(c) In no event shall such an employee assuming another position receive a salary/wage increase of less than five percent.
(3) In the event one person assumes complete responsibility for the position and assumes all of the duties of the position as defined in Section D.1.c) above:
(a) They shall receive no salary/wage adjustment if the absence is twenty working days or less.
(b) They shall receive the starting salary/wage for the assumed position for the entire absence, if the absence is for more than twenty working days.
(c) In no event shall such an employee assuming another position receive a salary/wage increase of less than five percent.
b) Employees departing with less than two weeks’ notice:
(1) Same as Section D.2.a)(1) above.
(2) In the event one person assumes a significant amount of the duties and responsibilities as defined in Section D.1.b) above, they shall receive the average of their salary/wage and the starting salary/wage for the assumed position for the entire absence.
(3) In the event one person assumes complete responsibility for the position and assumes all of the duties of the position as defined Section D.1.c) above, they shall receive the starting salary/wage for the assumed position for the entire absence.
(4) In no event shall such an employee assuming another position receive a salary/wage increase of less than five percent.
c) Any change in wage classification pursuant to Section D.1. shall be presented to the Internal Affairs Committee for decision, subject to Board approval. It is anticipated that such approval will be granted only in extraordinary circumstances when a subordinate employee is truly able to fulfill all of the responsibilities of the absent employee in a competent manner. The burden of proof shall be upon the proponents of such a change in salary/wage classification to clearly convince the Internal Affairs Committee that such a change is justified.

IV. Benefits

A. Health and Dental Insurance
1. The BSC shall provide group health insurance for full-time employees. Only full-time employees shall be eligible to participate in the BSC’s group health insurance program. As of December 1, 2015, the BSC’s group health insurance plan shall be the Kaiser Gold HRA HMO.
2. Premium contributions for the Kaiser Gold HRA HMO will be as follows:
a) The BSC shall pay 90% of the health insurance premium for the employee’s coverage and 90% of the health insurance premium(s) for the employee’s dependent(s) under the plan offered by the BSC.
b) The remaining 10% of the employee’s and/or dependents’ premiums shall be paid by each individual employee via payroll deduction.
c) The EA may approve alternate models for employee contributions to the group health insurance premiums and instruct management to modify individual EA members’ payroll deductions/contributions, provided that the EA’s aggregate contribution continues to comprise 10% of the BSC’s overall health insurance premium costs for EA employees and their dependents.
3. So long as the BSC offers the Kaiser Gold HRA HMO or other HRA-compatible group health insurance plan, the BSC shall provide a Health Reimbursement Account (HRA).
a) The HRA shall reimburse for deductible-eligible, coinsurance, and copay expenses only. The BSC shall not reimburse for services not covered by the Kaiser Gold HRA HMO (or other HRA-compatible plan adopted as the BSC’s group health insurance plan) or for out-of-network charges, unless such expenses are recognized as a true emergency by the insurance carrier.
b) HRA reimbursements will be handled as follows:
(1) Employee with No Dependents: The first $300 of deductible eligible, coinsurance, and/or copay expenses shall be paid by the employee; the remainder of all deductible-eligible, coinsurance, and/or copay expenses shall be split equally between the employee and the BSC HRA. The maximum out-of-pocket expense for deductible eligible, coinsurance, and/or copay expenses incurred by the employee shall be $3,275, after which the BSC HRA shall pay 100% of deductible eligible, coinsurance, and/or copay expenses.
(2) Employee with One Dependent: The first $300 of deductible eligible, coinsurance, and/or copay expenses for each individual or an aggregate of $600 of deductible eligible, coinsurance, and/or copay expenses for the family shall be paid by the employee; once either of these limits are reached, the remainder of all deductible-eligible, coinsurance, and/or copay expenses shall be split equally between the employee and the BSC HRA. The maximum out-of-pocket expense for deductible eligible, coinsurance, and/or copay expenses incurred by employee shall be $6,550, after which the BSC HRA shall pay 100% of deductible eligible, coinsurance, and/or copay expenses.
(3) Employee with Multiple Dependents: The first $300 of deductible eligible, coinsurance, and/or copay expenses for each individual or an aggregate of $900 of deductible eligible, coinsurance, and/or copay expenses for the family shall be paid by the employee; once either of these limits is reached, the remainder of all deductible-eligible, coinsurance, and/or copay expenses shall be split equally between the employee and the BSC HRA. The maximum out-of-pocket expense for deductible eligible, coinsurance, and/or copay expenses incurred by employee shall be $6,700. After the employee reaches these maximum out-of-pocket expenses, the BSC HRA shall pay 100% of deductible eligible, coinsurance, and/or copay expenses.
4. The BSC may, at its sole discretion, offer additional group health insurance plans. However, the BSC shall only cover premium expenses up to the amount the BSC would have covered under Section A.2. In this circumstance, the employee opting to use the more expensive plan must “buy up” to this plan and pay the difference in premium expenses.
5. If Kaiser no longer offers the Kaiser Gold HRA HMO or the premium cost of the Kaiser Gold HRA HMO increases by more than 30% per covered person in one plan year as compared to the immediately previous plan year, the BSC shall provide new group health insurance with comparable coverages, limits and deductibles and, at a minimum, the following services: vision, hearing, inpatient and outpatient mental health and psychiatric care, urgent care, office visits, maternity, emergency care, inpatient and outpatient surgery, skilled nursing, physical therapy, home health, chemical dependency inpatient and outpatient care, baby care, laboratory services, x-ray services, ambulance ride coverage, and prescription drug coverage. If the BSC is unable to find new group health insurance within 130% of the cost of the Kaiser Gold HRA HMO in the immediately previous plan year, the BSC may reopen this clause for negotiations with the Employee Association.
6. The BSC may choose to replace the Kaiser Gold HRA HMO with a non-HRA compatible plan during the term of this contract, with the approval of the both the EA and the BSC Board of Directors.
7. Any changes to the BSC’s group health insurance should be discussed in at least one Internal Affairs Committee meeting. The Executive Director shall notify the EA President at least two weeks in advance of the meeting.
8. All full-time employees shall be eligible to participate in the BSC’s group dental insurance program. The BSC shall pay 100% of the dental insurance premium for the employee’s coverage under the plan offered by the BSC. The BSC shall pay 80% the dental insurance premium for the employee’s dependents under the plan.
9. Employees may choose their own health and/or dental insurance plan, and the BSC shall reimburse for premium expenses, up to the amount the BSC would have covered under Section A.2. and Section A.8.
10. In the event the BSC’s offered health and dental insurance carriers are unwilling to provide insurance coverage for an employee, and employee’s spouse, or the employee’s children; the BSC shall be under no obligation to provide such coverage. However, if the employee is independently able to secure such coverage; the BSC will reimburse the employee the cost of the employee’s plan(s), (up to the cost of the least expensive corresponding plan offered by the BSC).
B. Life and Long Term Disability Insurance
1. Life Insurance. The BSC pays the premium for a $100,000 life insurance policy to full-time employees, subject to all terms and conditions of the agreement between the BSC and the insurance carrier. Eligible employees may begin coverage the first day of the month, following 90 days of employment.
2. Long Term Disability Insurance. The BSC pays the premium for a long-term disability (LTD) benefit plan to help full-time employees cope with an illness or injury that results in a long-term absence from employment. LTD is designed to ensure a continuing income for employees who are disabled and unable to work. The LTD plan offered during the term of this contract will provide the same or similar coverage as the plan offered in 2012.
C. Worker’s Compensation and Disability Insurance

When an employee’s absence is covered by the Workers’ Compensation Act or State Disability Insurance, the employee may be paid, upon the employee’s request, the difference between the disability payments and their normal wages, with the amount of that difference being charged to accumulated sick leave or vacation leave.

D. Retirement

The BSC shall provide a group retirement plan to provide full-time employees the opportunity to save for retirement. In addition, after two years of employment, the BSC will pay into this plan an amount equal to 8% of the employee’s gross salary. The BSC will make a good faith good effort to complete a review of its group retirement plan by the end of 2016. This review will be performed in consultation with the EA.  

V. Holiday, Vacation, Sick Days, Leave

A. Holidays
1. The administrative holiday schedule of the University of California shall be followed for full-time and part-time employees. Employees will receive holiday pay based on their predetermined average scheduled daily hours.
2. Full-time and part-time employees will receive one personal holiday per calendar year in addition to those already specified above. An employee in her/his first calendar year of employment shall receive a personal holiday pro-rated from the month in which they were hired.
3. The observance of special religious holidays may be permitted by the Executive Director. Time off is charged to accumulated vacation leave.
B. Vacations
1. Vacation hours are accrued only on hours actually worked or paid (holidays, vacations, paid sick leave, and bereavement) up to a maximum of 40 such hours per week. Employees shall not accrue vacation hours for unpaid sick leave or unpaid leaves of absence, whether excused or unexcused, unless otherwise required by law, regulation, or ordinance.
2. Vacation leave with pay accrues for employees working full-time as follows:
a) At the rate of 4.5 hours per two week pay period for employees during their first year of service.
b) At the rate of 5 hours per two week pay period for employees during their second through fourth year of service.
c) At the rate of 5.5 hours per two week pay period for employees during their fifth through ninth year of service.
d) At the rate of 6 hours per two week pay period for employees during their tenth through fourteenth year of service.
e) At the rate of 7 hours per two week pay period for employees during and after their fifteenth year of service.
3. Employees working less than full-time shall accrue vacation leave at a proportional rate.
4. At no time may an employee accumulate more unused vacation days than would be earned in two years at their current accrual rate. When this limit is reached, the employee shall cease earning vacation time until such time as the employee’s accumulation drops back below these limits. Exceptions may be made by the Executive Director at their discretion.
5. In addition to the regular vacation benefits set forth in Section B.2, an extra 5 days of vacation shall be granted to employees after every five years of service. These extra vacation days may be cashed out. These additional vacation hours do not raise the maximum vacation accrual caps specified in Section B.4.
6. Employees’ vacations shall be scheduled with the approval of the Executive Director. Preference shall be given to senior employees. Vacations may not be taken before they are earned.
7. All employees who leave the BSC will be paid for any accrued unpaid vacation hours.
C. Sick Leave
1. Sick leave with pay accrues at the rate of 3.75 hours per two week pay period for full-time employees. Sick leave accumulates proportionally for part-time employees.
2. Sick leave may not be taken before it is earned. Accumulated sick leave shall be limited according to the following schedule:
a) Employees who have worked zero to five years – twenty-four days
b) Employees who have worked six to ten years – thirty-three days
c) Employees who have worked more than ten years – forty-two days
3. The above accumulated sick leave caps are for full-time employees only. Part-time employee’s sick leave caps shall be calculated proportional to their scheduled weekly hours.
4. When these limits are reached, the employee shall cease earning sick leave time until such time as the employee’s accumulation drops back below these limits.
5. Sick leave is defined and granted in accordance with the law.. Sick Leave hours totaling up to four days per calendar year may be taken for personal (e.g. mental health) reasons. None of these hours may be taken while on, or in conjunction with vacation time.
6. The Executive Director may grant sick leave to employees who become ill during vacation. The Executive Director may require medical documentation.
7. The Executive Director may require medical verification or sick leave of three or more consecutive days.
D. Compassion Leave
1. Time off due to death or serious illness in the immediate family is subject to the same provisions governing personal illness.
2. In the event of a death in the immediate family as defined by applicable state and federal laws, full-time and part-time employees will receive up to five days paid time off.
3. A catastrophic illness is defined as the serious and incapacitating medical condition of an employee, or that of an immediate family member requiring the employee’s care, which would result in a loss of income due to the employee having exhausted all of their accrued vacation and sick leave. In the case of a catastrophic illness a full-time employee may:
a) Incur up to 4 weeks of “negative” sick/vacation leave with the approval of the Executive Director.
b) After incurring 4 weeks of “negative” sick/vacation leave, be eligible for up to 4 additional weeks “negative” sick/vacation leave with the approval of Cabinet and then Board.
c) After incurring 8 weeks of “negative” sick/vacation leave, be eligible for up to 4 additional weeks “negative” sick/vacation leave s with the approval of Cabinet and then Board.
E. Jury Duty and Voting Rights

Necessary time off with pay, less compensation from the government, shall be provided for employees for voting and jury duty. Such time off with pay shall be based upon the employee’s regularly scheduled work day(s). Pay is not to be reduced, nor is time to be deducted from sick or vacation leave.

F. Military Duty

All rights afforded to employees and all obligations of employers under USERRA and all other applicable statutes are acknowledged.  

G. Leave Reports

The payroll records shall include a report of all vacations, sick, absences, and overtime. Accrued vacation and sick leave absences for exempt employees shall be calculated to the nearest day. Vacation and sick leave absences for non-exempt employees shall be calculated to the nearest quarter hour.

H. Leaves of Absence
1. General Provisions Regarding Leaves of Absence
a) Employees are required to give thirty days’ written notice of their intent to take a leave of absence, unless circumstances make it impossible to do so. Employees must provide medical certification for medical leave. All leave requests shall be approved in writing by the Executive Director.
b) Employees may elect to use vacation time during any leave of absence. Sick leave may only be taken during family and medical and work-related disability leaves.
c) Upon return to work following a leave of absence, the employee shall be reinstated to the same or equivalent position held by the employee at the commencement of the leave, provided the employee is qualified to perform the work and the job has not been otherwise eliminated for a bona fide reason. Upon expiration of a leave of absence, if a position is no longer available, the employee may apply for positions for which they are qualified.
d) Any employee who does not return to work from a leave of absence in accordance with the terms of the leave may have their employment terminated.
e) Seniority and benefits will accrue during any period that paid leave is used, but will not accrue during any unpaid leave of absence.
2. Family and Medical Leave
a) Employees shall be granted, upon request, a leave of absence for up to six months in any twelve-month period and shall be eligible for Family Medical Leave (FMLA) and leave pursuant to the California Family Rights Act (CFRA) and/or for leave pursuant to the California Pregnancy Disability Act. The BSC agrees to provide such leaves in accordance with state and federal law.
b) Medical benefits as provided in Section IV shall remain in force for up to six months during any leave of absence approved under Section H.2.
3. Work-Related Disability Leave. Leaves due to industrial illness or injury shall be granted and applied consistent with applicable laws governing workers compensation.
4. Military Leave. Military leaves of absence shall be granted to eligible employees who are absent from employment in order to perform duty, on either a voluntary or involuntary basis, in the uniformed services of the United States. Eligibility for military leave, and all other rights and obligations in connection with such leave, shall be in accordance with state and federal laws.
5. Personal Leave
a) The BSC shall grant personal unpaid leave only in unusual situations, with the prior written approval of the Executive Director. Requests for personal leave will be evaluated based on a number of factors, including anticipated workload requirements and staffing considerations during the proposed period of absence.
b) The leave will be unpaid. Employees must use any available vacation time prior to the commencement of personal unpaid leave.
c) Seniority and benefit accruals, such as vacation, sick leave, and holidays, will be suspended during personal unpaid leave and will resume upon return to active employment.
d) For leaves of absence lasting longer than three weeks, the BSC shall provide health insurance benefits according to Section IV until the end of the month in which the approved personal unpaid leave begins. When a full-time employee returns from personal unpaid leave, health benefits will again be provided by the BSC according to Section IV.
I. Parental Leave
1. The BSC shall provide, in conjunction with California Paid Family Benefits, all part-time and full-time employees up to twelve weeks of paid time off for the following types of leaves of absence:
a) Pregnancy disability leave for employees who are temporarily unable to work due to a disability related to pregnancy, childbirth, or related medical conditions;
b) The birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”)
2. Such leave may be non-continuous provided it be taken within 12 months.
3. Paid parental leave provided by the BSC shall compliment and must be taken in conjunction with California Paid Family Leave (PFL) benefits and will be administered as follows:
a) The BSC will provide paid leave for the first week of the leave and weeks eight through twelve.
b) The BSC will supplement the employee’s PFL benefit for weeks two through seven up to 45% of the employee’s normal wage/salary.
c) Any paid parental leave shall be taken in conjunction with and concurrent to any unpaid FMLA leave.

VI. Employee Discipline

A. Dismissal and Discipline
1. All employees shall be given two weeks’ notice of the decision to dismiss them or two week’s salary in lieu of notification.
2. Full-time and part-time employees may be dismissed in the following manner:
a) There are two general components which must be considered in evaluating personnel: efficiency and competency in the performance of the job, and the ability of the employee to work effectively with the student membership.
b) In addition, there are cases of misconduct so serious in nature that immediate action on the part of the Manager or Supervisor is warranted. While there is no single definition of major offenses, examples of such offenses warranting suspension, dismissal, or other action are delineated below. The examples below are for reference only and both the BSC and EA recognize that management is empowered to immediately address serious misconduct at their discretion.
3. Disciplinary action by the appropriate Manager or Supervisor may include, but is not limited to, any of the following forms: warning, suspension, or dismissal. Suspensions shall be for no more than five working days without pay. After the first day of suspension the employee may appeal the suspension to the Executive Director.
4. Examples of some, but not necessarily all, offenses which may result in immediate suspension without pay of up to five days with possible subsequent dismissal, are delineated below. At the conclusion of the five day suspension, the Manager or Supervisor shall determine whether or not to dismiss the employee. The dismissal may be appealed to the Executive Director whose decision shall be final and not appealable to either the Board of Directors or other committees of the BSC.
a) Intoxication or being under the influence
b) Assault
c) Refusal to work
d) Theft or fraud
e) Willful destruction of property
f) Possession of firearms or dangerous weapons on BSC property
g) Engaging in illegal conduct
h) Harassment, retaliation and/or creating a hostile work environment
i) Gross insubordination
j) Gross misconduct
k) Falsification of time card or other official records
l) Failure to report to work without notification for a period of three days
m) Failure to obtain or maintain a current license or certificate required by law or institutional standards as a condition of employment
n) Any act which endangers the safety, health or well-being of another person or which is of sufficient magnitude that the consequences cause disruption of work or gross discredit to the institution.
5. Examples of offenses which may result first in a written warning and subsequent progressive discipline include, but are not limited to:
a) Careless, negligent or improper use of property
b) Unauthorized use of property
c) Failure to report to work without notification for a period of one or two days
d) Releasing confidential information without proper authority
e) Sleeping on the job
f) The violation of, or failure to comply with, published rules and regulations of the institution
g) Inefficiency, incompetence, or negligence in the performance of duties
h) Excessive absence.
6. Examples of offenses which may result first in an oral warning and subsequent progressive discipline, include, but are not limited to:
a) Uncivil conduct
b) Tardiness
c) Unauthorized absence from the job
d) Failure to maintain satisfactory and harmonious working relationships with the public, other employees, and members
e) Failure to maintain time card records
f) Foul and abusive language
g) Failure to competently and efficiently carry out stated job duties.
7. Disputes Regarding Suspensions or Dismissals. In the event of a dispute between the BSC and the Employee Association concerning an employee’s suspension or dismissal, the matter shall be addressed per the process outlined in Section VII.C.

VII. Appeals, Grievances, Disputes

A. Probationary Employment Period

The probationary period for employees upon original hire shall be up to one hundred and eighty (180) days from the original date of hire of the position. During such period, the employee may be discharged without recourse to the grievance procedure. The manager or supervisor has no authority to dismiss an employee. The manager or supervisor must prepare a written recommendation to the Executive Director to dismiss said employee. After said employee completes the probationary period, dismissal shall follow the grievance procedure.

B. Appeals by Employees

Appeals specifically concerning rates of pay, classification of positions, hours of work, and other conditions of employment may be made by the employee to the Personnel Appeals Committee (Defined in I.B.12. of BSC Policy Directory). Appeals concerning disciplinary action may be made to the Executive Director Disciplinary, whose decision shall be final and not appealable to either the Board of Directors or other committees of the BSC. Any employee has the right to make an appeal without prejudicing their employment.

C. Disputes Between the Employee Association and the BSC

The BSCEA and the BSC agree to be bound by the following dispute resolution process and shall take no action against the other while this process is underway. Disputes regarding the interpretation or enforcement of this Contract shall be settled through the following process:

1. Step 1: The Executive Director and the BSCEA President shall meet to discuss any potential dispute in an attempt to arrive at a mutually agreeable resolution.
2. Step 2: Notice. Either the Executive Director of the BSC or the BSCEA President can initiate the dispute resolution process by submitting notice of the disputed action to the other party within five business days of the disputed action and referencing this section of the Contract.
3. Step 3: Board of Adjustments. The BSCEA and the BSC shall convene the Board of Adjustments within 30 days after the submission of the dispute as outlined in step 1. The Board of Adjustments shall consider the dispute and issue its decision or declare itself deadlocked within 30 days after its initial meeting.
a) The Board of Adjustment shall be comprised of two epresentatives designated by the BSCEA and two representatives designated by the BSC.
b) The Board of Adjustment shall have the power to make adjustments to wages, benefits, and/or disciplinary action, provided that any adjustment does not exceed lost wages and benefits and/or reinstatement. Any other adjustments must be approved by the BSC Board of Directors, within 30 days of the Board of Adjustments meeting.
c) The Board of Adjustments shall not have the power to add to, to subtract from, negotiate new terms, or to otherwise change any of the terms or provisions of this contract.
4. Step 4: Federal Mediation. If the Board of Adjustments declares a deadlock, either the BSC or BSCEA may initiate mediation provided by the Federal Mediation and Conciliation Service within five business days of the Board of Adjustments’ declaration of deadlock. After mediation, the Board of Adjustment shall issue its resolution or declare a continuing deadlock.
5. Step 5: Arbitration. If the dispute is not resolved after Step 3 above, either the BSC or BSCEA may notify the other party of its intention to submit the matter to arbitration within thirty days. If this is not done, the issue in dispute will be dropped.
a) The Board of Adjustment shall select an impartial arbitrator within five days after either party has indicated its intention to submit the matter to arbitration. In the event that the Board of Adjustment cannot agree upon the selection of an impartial arbitrator within five days, such impartial arbitrator shall be selected by the Board of Adjustment from a list of arbitrators to be supplied by the Federal Mediation and Conciliation Service. If the Board of Adjustment cannot agree, the two sides will take turns striking names from a list of at least five arbitrators provided, with the first strike determined by coin toss.
b) The decision of the arbitrator shall be final and binding on both the BSC and EA. The decision of which party shall bear the expense of the arbitrator shall be the decided by the arbitrator. The arbitrator shall not have the power to add to, to subtract from, negotiate new terms, or to otherwise change any of the terms or provisions of this contract.

Signature

In witness of the covenants expressed herein, we, as representatives of our respective associations, do hereby affirm the intent of both associations to be bound by these covenants by setting out our signatures below and affixing the corporate seal on this, the 3rd day of March, 2016

EA Contract Signatures 2016.JPG