ARTICLE

CHANGE

Article 1 Recognition

§  Added word “the” for clarity

§  Double-check the Appendix Reference

Article 4 Nondiscrimination

§  Changes made for clarity, including what is covered under the term “discrimination”

§  Grievance procedure does not apply in discrimination cases

§  ACE retains the right to bargain within our scope when federal and state laws are changed

Article 6 Past Practices

§  Changes made for clarity, including fact that ACE is not bound by past practice

§  ACE retains the right to bargain those matters that fall within the scope of negotiations

Article 7 District Rights

§  New section added which picks up the language regarding the administrative right of assignment currently in Article 23.3.2 and Article 24.5 (This language was deleted from those articles)

Article 8 Association Rights

§  Changes made for clarity, including number of copies of various materials the District must provide to ACE and whether those copies can be sent electronically

§  Changes the amount of release time ACE may purchase and increases the reimbursement rate to the District

§  Deletes much of the Article that was devoted to describing the payment of the union dues/service fees and simply includes the Education Code language

§  Deletes current section 8.12 on the shared governance reassigned time (i.e., reassigned time for department and division chairs)--this new language added to Article 21.

Article 11 Personnel Files

§  Changes made in various sections for clarity, including who can inspect the personnel file and when the personnel file can be inspected and the right of faculty to be notified and to respond to derogatory information prior to it being placed in the personnel file

Article 12 Safety

§  Changes made in various sections for clarity, including the procedures for unsafe working conditions and for disruptive students

§  Includes a re-opener to re-examine this article once the District has developed a District-wide disruptive student procedure and requires that said procedure comply with Ed Code and allows for faculty removal of disruptive students

Article 13 Compensation

§  Reopened to make minor changes for clarity

§  Changed overload section 13.2 to refer to the correct salary schedules and wording included on the salary schedules

Article 13 LOU

§  Pay dates for all regular/contract and overload assignments

Article 14 Fringe Benefits

§  Re-opened to make minor changes for clarity

Article 15 Retirement

§  Re-opened to make minor changes for clarity (moved language from 15.2.1 to 15.1.1)

Article 16 Calendars

§  2007-2008 Academic Calendar was re-opened

§  Veteran’s Day was re-scheduled for Monday and the semester was extended one day to make up for the “lost” Monday

§  One flex day was eliminated (two were originally scheduled).  The flex day will be held in the Spring Semester in February

§  A “professional development day” was added to the Fall 2007 calendar and the following understanding was agreed to—(1) faculty had a six-hour flex obligation to be completed in 2006-2007; (2) faculty have a six-hour flex obligation to be completed in 2007-2008; and (3) faculty have a six-hour professional development obligation to be completed in EITHER 2006-2007 or 2007-2008

§  Winter session has been extended through January 25

Article 18 Load

§  Re-opened in conjunction with Article 38 to re-work section 18.5 regarding ineligibility to teach overloads and eligibility to bank overload assignments

Article 19 Assignments

§  Re-opened in conjunction with Article 38 to rework section 19.8 regarding eligibility to bank summer/winter session assignments

Article 21 Organizational Structure

§  A section related to the shared governance release time (previously in Article 8) was added.  The split of the release time is now equal between the two Colleges; however, Mission College no longer first receives a special allocation for the Allied Health program (this must simply be funded out of their allocation). 

§  Now spelled out explicitly in the contract that Division Chair duties come with .500 reassigned time—this is NOT at the discretion of the College presidents

Article 23 Transfers

§  Entire article has been deleted; the language has been incorporated into Article 25

Article 24 Administrative Assignment to Maintain Load

§  Title of article changed to Administrative Change to Member’s Permanent Assignment.

§  Entire article re-worked to clarify what situation this article specifically addresses, to clarify the procedure, and to clarify member’s rights under this article. 

§  The language in 24.5 and 24.6 was moved to Article 7

Article 25 Voluntary Assignment to Split Load

§  Title of article changed to Voluntary Changes to Permanent Assignment

§  Original article was melded with Article 23 to form one article. 

§  The two articles were combined and reworked to clarify the situations this article addresses, to clarify the procedure, and to clarify the member’s rights under this article. 

§  Changes include the ability to initiate a split load in either the Fall or the Spring semester, with implementation in the following semester

Article 27 Dismissal

§  Minor changes for clarification purposes and updating of relevant Education Code references

Article 28 Reduction in Force

§  Not opened by either party; however, the references to the “Director of Human Resources” has to be changed to “Vice-Chancellor of Human Resources.”

Article 29 Provisions Regarding Paid Leaves of Absence

§  Title changed to Paid Leaves of Absence

§  Language added clarifying the Board’s rights under the education code to grant leaves

§  Other language changes for clarity

§  Section 29.5 was deleted as it is already addressed in the Sabbatical article; section 29.9 was deleted as it is already address in the Sabbatical and Rejuvenation and Retraining articles

Article 30 Sick Leave

§  Changes made to this article for clarity. Adds labor code provisions allowing members to use sick leave to attend to illness of family members 

§  Catastrophic Leave section re-worked to conform to Ed Code

§  Language added allowing waiver of contractual deadlines in Article 38 for medical emergencies 

§  Language changed in Article 30.7 – sick leave earned for overload assignments is simply part of the faculty member’s total sick leave accumulation

Article 31 Personal Necessity Leave

§  Changes in language for clarity

§  Maximum changed from 8 days to 6 days in order to comply with Ed Code

§  Clarifies when advance notice is not required

§  Adds labor code language allowing for personal necessity leave to be used to participate in activities of school age children

§  Removes the 2-day limit for religious observances, and other personal business

Article 32 Maternity-Related Absences and other Temporary Disability Leaves

§  Title changed to Pregnancy Disability Leaves of Absences

§  Adds language defining what a pregnancy disability is

§  Defines the parameters for the length of the pregnancy disability

§  Addresses options for compensation during pregnancy disability leaves

Article 33 Bereavement Leave

§  Clarifies that bereavement leave results in no reduction of sick leave accumulation

§  Clarifies that bereavement leave may be extended through personal necessity leave

Article 34 Legal and Civic Duties

§  Language change to grant leave for jury duty with pay, with no exception if a jury duty fee is received.

§  Deletes the full-time limitation of being released 1.00 maximum – members are released as required to fulfill the jury obligation, including overloads

Article 35 Industrial Accident/Illness Leave

§  Language updated for clarity and to comply with Ed Code and Labor Code provisions

Article 36 Disability Allowance

§  minor change for clarity

Article 37 Conference Leaves

§  Entire article was deleted and re-worked

§  The budgetary allocation of conference funds shall be $200 per full-time faculty member; the money is budgeted at the department/program/service level.  Each department may then develop its own policy for distributing the funds – this distribution may include distribution to associates; any unused funds roll-over to the department; any unused funds of retirees roll-over to the department

Article 38 Banked Load and Banked Load Leaves

§  Added language to include summer and winter session assignments

§  Eligibility to bank “fixed” in Articles 18 and 19

§  Re-work and re-organization of the article

§  Re-work of the application and approval procedures

§  Any severance from employment results in the application of the cash disbursement chart to cash out the banked leave

Article 39 Rejuvenation and Retraining Leaves

§  Minor language changes for clarity

Article 40 Sabbatical Leaves

§  Re-organized and re-worked for clarity

§  Language added to allow for deferral of sabbatical start date

§  More Ed Code language added regarding the bond requirement

Article 41 Academic Exchange Leave

§  Minor language changes for clarity

Article 42 Other Paid Leaves

§  Article deleted – language incorporated into Article 29

Article 43 Provisions Regarding Unpaid Leaves of Absence

§  Title changed to Unpaid Leaves of Absence

§  Clarified the Board's rights under Ed Code provisions to grant unpaid leaves

§  Other minor changes for clarity

§  Clarified that members on unpaid leaves are still eligible to teach summer and winter session assignments

Article 44 Child-Rearing Leave

§  Title changed to Parental, Child Rearing, and Family Medical Leave

§  Language added expanding and clarifying provisions of the California Family Rights Act and the Family Medical Leave Act

Article 45 Military Leave

§  Title changed to Temporary Military Leave

§  Language changes for clarity and compliance with applicable Ed Code

Article 46 Legislative Leave

§  minor language change for clarity

Article 47 Professional Growth and Development

§  Article re-worked and re-organized for clarity

§  Chart added to clarify timing of advancements and submission of new proposals

Article 48 Grievance Procedures

§  Minor language changes for clarity

Article 50 Contract Ed

§  Updated references to other articles

Article 105 Associate Member Leaves

§  Encompasses sick leave, bereavement leave, legal and civic duty leave

§  Language changed to conform to full-time language

§  Personal necessity section also added per Ed Code

§  Sick leave accrual changed to comply with Ed Code

Appendix CC

§  Expanded illustrative examples on re-employment preference and seniority on the summary (cases are for illustration purposes only and do not limit or expand the scope of the contract language)