ARTICLE 5
UNION RIGHTS
Use of Facilities
5.1
Upon request of the Union, the CSU shall provide at no cost adequate facilities not otherwise required for campus business for union meetings that may be attended by employees during non-work time.
5.2
The Union shall bear the cost of all Program materials and supplies incident to any union meeting or union business conducted at a Program location.
Campus Communication
5.3
Email service shall be available to the Union at no cost for official union communications. Email cannot be used for political purposes. The Union is responsible for the costs of any postage for material sent through the mail. The Union shall package and label materials for convenient handling according to the normal specifications of the Program, which shall be communicated upon the request of the Union. The name of the Union shall appear on all materials sent through the Head Start mail service. Employee mailboxes, if any, may be utilized by the Union for purposes of union communication to bargaining unit employees.
Bulletin Boards
5.4
The Union shall have the use of an adequate number of designated bulletin boards for the posting of union material. Such bulletin boards shall be visible and accessible in areas frequented by employees, as available.
5.5
A copy of union material posted on bulletin boards and union material intended for general distribution to employees through the Program mail service shall be provided in a timely manner to the appropriate administrator. The Union shall exercise responsibility for the content of such union material.
Union Business
5.6
Union business involving employees shall be conducted during non-work time except as provided for elsewhere in this Agreement. Union business shall not interfere with Program operations.
5.7
As a courtesy, the appropriate administrator shall be notified of the presence of a Union Representative who is not a Program employee either upon arrival at the Program location or by telephone in advance of arrival.
5.8
Five Program Bargaining Unit Representatives shall be designated by the Union to officially represent the Union. The names of these Program Bargaining Unit Representatives shall be provided in writing to the Program Head.
5.9
A Union Steward will be designated for each Head Start location. Each Steward will conduct union business such that it does not disrupt Head Start operations.
Employee Lists
5.10
The Program Human Resources Office shall provide to the Campus Bargaining Unit Representative a monthly list of all employees in Bargaining Unit 12. Such lists shall contain names and work locations at no cost to the Union. An employee's home address shall be released to the Union unless the employee has officially informed the CSU that he/she wishes the home address withheld.
5.11
Employee lists with name, classification, hire date and work location shall be provided to the Union by email in a timely manner. The cost of such employee lists and public information shall be borne by the Union except as provided elsewhere in the Agreement.
Release Time for Union Business
5.12
- The Program shall provide release time for up to five people employed by the Program for each scheduled meet and confer session. Normally, the Union shall provide the Office of the Chancellor with the names of the employees for whom release time is being requested at least five working days prior to the commencement of the meet and confer session. Additional release time shall be provided on an individual basis to meet special needs related to transportation and work schedules. The parties may mutually agree to provide release time for bargaining unit members to caucus upon request by SEIU Local 790.
Union Leave
5.13
Upon written request of normally not less than forty five (45) days from the Union to the Program Head, the CSU shall grant a union leave without loss of compensation to any Union Representative.
- Such a leave may be partial or full-time and may be on an hour-for- hour basis. No leave may be more than one year in duration. An employee on such a leave shall continue to earn service credit and retirement credit. An employee on such a leave shall have the right to return to his/her former position upon expiration of the leave. Such a leave shall not constitute a break in the employee's continuous service for the purpose of salary adjustments, sick leave, vacation or seniority.
- The Program shall be reimbursed by the Union for all compensation paid the employee on account of such leave and for any incidental costs of 30% of the employee’s gross salary. Reimbursement by the Union shall be made no later than thirty (30) days after its receipt of the Program certification of payment of compensation to the employee.
- Such a union leave in accordance with this Article shall also be provided to a bargaining unit employee upon becoming SEIU Local 790 Statewide President.
5.14
An employee shall not suffer reprisals for participation in Union activities.
Union Security and Dues
5.15
It is the intent of this Article to provide payroll deduction for SEIU Local 790 members to be deducted from their pay warrants insofar as permitted by Government Code Section 1153 and as mandated by HEERA. The State Controller’s Office (SCO) will assess the normal service fee for each deduction processed.
5.16
The CSU agrees to deduct and transmit to SEIU Local 790 all authorized deductions from all SEIU Local 790 members within the bargaining unit who have signed and approved authorization cards for such deduction on a form provided by SEIU Local 790. The amount of Union dues shall be 1.65% of the employee’s gross wages.
5.17
The amount of dues deducted from the SEIU Local 790 members' pay warrants shall be sent to SEIU Local 790 and changed by the CSU upon written request of SEIU Local 790.
5.18
The Program Human Resources Office shall make available to new employees Union membership material provided by the SEIU Local 790. The Union shall be responsible for gathering any membership cards.
5.19
SEIU Local 790 agrees to indemnify, defend, and hold the CSU harmless against any claim made of any nature and against any suit instituted against the CSU arising from its payroll deduction for SEIU Local 790 dues and deductions.
Fair Share Fees
5.20
The CSU/SCO agrees to deduct and transmit to the Union Fair share fee deductions for all non-Union Members within Bargaining Unit 12.
5.21
The Union membership ratification of this agreement shall constitute notice to the CSU and the SCO that the Union has implemented the provisions of Section 3583.5 (a) (1) of the Government Code providing for fair share service fee collection. The amount of authorized Union deductions and fair-share fees deductions shall be communicated in writing to the SCO in accordance with SCO procedures. Changes in the amounts of authorized Union deductions and fair-share fees deductions shall be made upon written request by the Union to the SCO in accordance with SCO procedures.
5.22
The amount of fair share fees shall be 1.2% of an employee’s gross salary.
5.23
The foregoing Union dues amounts and the fair share fee amounts are subject to modification on written notice from the Union to reflect wage increases in the Collective Bargaining Agreement and/or changes in the requirements of the SEIU constitution or local Union Bylaws.
5.24
Monies withheld will be reported and remitted on a monthly basis to the Union by the SCO in accordance with SCO procedures.
5.25
The Union agrees to indemnify, defend, and hold the CSU/SCO harmless against any claim, of any nature, and against any suit instituted against the CSU/SCO, arising from its payroll deductions of Union authorized deductions and fair share fee deductions.
|
