Summaries of Articles in Tentative Agreement for 2019 – 2022 Collective Bargaining Agreement
Article 2: Recognition
- 2.1.2: Changed ROP to CTE teachers.
Article 4: Association Rights
- 4.3: Added the District will provide the BTA president with electronic copies of school board meeting agendas.
- 4.5: Changed the date for the District to give BTA the names of bargaining unit members to reflect the earlier start of the school year. Names will be provided by August 15, October 15 and February 15.
- 4.9: Added that BTA will have the right to consult with the District in the LCAP process independently from other stakeholder groups. BTA leadership and any interested member will meet with the District quarterly to provide input in the LCAP process.
- Eliminated: The development of Immediate Intervention/Underperforming School Program (II/USP) site improvement plans. The law no longer applies.
Article 5: Complaint Procedures
- 5.1: The contract required that a complainant who does not want to speak directly to the employee shall meet with the employee and the employee’s supervisor.
- BTA added the word “directly” for clarification.
- 5.2: Complaints will be kept confidential and all parties involved will determine who is informed of a complaint.
- 3: If the District investigates a complaint and it has no merit, then no record of the complaint will be placed in the employee’s personnel file.
- BTA added this to make sure unwarranted complaints are not recorded in personnel files.
- 5.6.3, 5.7.8: A complainant will not be required to attend a meeting if they are unable because of a physical impairment but will make every effort to participate by other means.
- BTA added this to make sure complainants make every effort to participate in a conference with the employee and/or supervisor.
- 18.104.22.168: BTA added the date of the filing if someone is making a complaint.
Article 10: Organizational Security
- Changes were made to align the article to the Janus Supreme Court ruling concerning agency fee payers.
- All or parts of 10.1, 10.1.1, 10.1.2, 10.2, 10.3, 10.4, 10.4.2, were eliminated because they involved agency fee payers.
Article 12: Evaluations
- Changes were made to the timeline for the evaluation process to reflect the earlier start and end dates of the school year.
- 22.214.171.124, 126.96.36.199,188.8.131.52: By October 1: the evaluator and the employee shall meet for a pre-evaluation meeting or conference (individual or group) and complete Form A1 or B1.
- 184.108.40.206, 220.127.116.11: By April 15: classroom observations shall be concluded for permanent and temporary employees.
- Corrected an error in 18.104.22.168: changed the form letter to C (summary evaluation). It had erroneously been listed as E.
- Added the 5-year evaluation cycle form to the Article 12 exhibits.
- Added Employee meets the conditions in 12.2.2 for the 5-Year Evaluation Cycle to Form C (summary evaluation).
Article 13: Leaves
- BTA and the District will automatically reopen next year to add the donation of sick days side letter to the contract and to update language dictated by law. Article 13 will not be counted as a one of the articles BTA and the District are entitled to open next year.
- Side Letter allowing the donation of sick days is still in effect.
Article 15: Safety
- 15.2.1: Added language for the protocol for personal threats toward BUSD employees.
- Employees who experience a threat while performing their duties will report the threat to their administration and complete the District’s Threat Towards Employees Protocol paperwork (which can be found on the District website).
- The form will also be provided by their School Principal or other site administrators.
- 15.4: Updated language for health and safety in the workplace.
- Employees will not work in unsafe facilities.
- Emergency kits will be maintained, and the District will inform employees of their locations.
- School Site Safety Committees will notify the administration when emergency kits need to be replaced or refilled and will make recommendations for changes to emergency kits.
- 15.6: Suspension of Students: Added and updated language for class suspensions of students.
- Students can be suspended from class for the remainder of the day and the following day for serious disruptions.
- Student conduct must be repeated or so serious that there are no other lesser disciplinary options available.
- Suspended students will not be reassigned to another class or returned to the teacher’s class during the period of the suspension.
- Teachers will notify administration as soon as possible and arrange a meeting with the parent, counselor, and administrator.
- 15.7.1: Notification regarding students with a history of unsafe behavior: Added language.
- The District will notify teachers and counselors who are assigned the student promptly if:
- The student has been expelled from school.
- The student has been convicted of a crime of violence, involving a weapon, or a crime against property, students, or school district personnel.
- In school: a student has assaulted, injured, or threatened harm to school personnel, or possessed a weapon.
- In school: a student has committed lewd or obscene acts or repeated, serious sexual harassment.
- Information will be kept confidential and will be used for the protection of the unit member and the rehabilitation of the student.
- Ed Code has broader notice requirements, but for emphasis and ease of enforcement, the above matters will be included in the CBA.
- 15.10.2: Personal electronic devices were added to property loss reimbursement.
- 15.13: Accommodations
- Restrooms will be made available for exclusive use of employees and when possible within existing buildings. Employee rest areas will be provided during lunch periods and breaks.
Article 18: Physical Examination
- 18.1: Changed the procedures for TB testing to comply with current tuberculosis laws.
Article 27: Professional Growth
- Eliminated 27.5 to comply with current law.
- Members no longer have to accumulate 150 hours of professional development.
Article 33: Support of Agreement
- Updated the language for concerted union activities to comply with the Educational Employment Relations Act (EERA).
Article 34: Conclusiveness of Agreement
- Updated language to reflect Article 35.5: the District and BTA can reopen the CBA by mutual agreement in writing.
- Eliminated language that could be interpreted to limit BTA’s right to negotiate.
Article 35: Term of Agreement
- 35.1: Updated the term of the contract for a new three-year term.
- 35.2: Changed dates for 2020 – 2021 and 2021 – 2022 school years.
- Added completion of a clear CTE credential for a one-time stipend.
- Prorated stipends for partial terms of service for Department Chairs, Induction and Professional Mentors, and Lead Speech and Language Pathologists, memorializing past practice
In March, negotiations focused on MOUs for the school closure.
Article 7 Health Benefits (status quo – automatically reopened next year)
Article 8 Wages (status quo – automatically reopened next year)
Article 11 Class Size
Article 13 Leaves (automatically reopened next year and will not count as one of the articles the District and BTA will reopen)
Article 21 Discipline Procedures (tabled because it only had a minor grammatical change)
Article 23 Induction
Elementary Bell Schedules (will be discussed once we know school will resume with normal schedules)