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This agenda item seeks ratification to amend the collective bargaining agreement with Fullerton Secondary Teachers Organization (FSTO), for July 1, 2020 through June 30, 2022 as summarized below.

ARTICLE IV: HOURS OF EMPLOYMENT

• The District maintains the discretion to determine the assignment of release periods; however, the District concurs with FSTO’s rationale for the assignment of one period of release for each school site’s Activities Director, beginning in the 2021-2022 school year.

ARTICLE VI: COMPENSATION

Effective for the 2020/21 Fiscal Year:

• The 2020/21 salary schedule, Appendix A, shall reflect a 4% increase over 2019/20 salary schedule. In 2021/22, the final year of this two-year contract, the two parties agree to automatically reopen ARTICLE VI: COMPENSATION and APPENDIX A for limited negotiation.

ARTICLE VIII: LEAVES

• Upon exhaustion of all accumulated sick leave credit, an employee who continues to be absent for purposes of this policy shall receive 50 percent differential pay for up to one hundred (100) additional days. as provided below:
1. An employee who, at the beginning of the school year, has seventy-five (75) or more days of full sick-leave credit will be eligible for an additional one hundred (100) days of fifty percent (50%) differential pay.
• Pregnancy Disability and Parental Leaves will be provided in accordance with existing law.
• Permanent certificated employees are eligible to participate in the Catastrophic Leave Bank for the length of their employment provided they are donors to the Bank of at least one day.
• The term “catastrophic” shall refer to an acute, prolonged and/or life-threatening injury or illness that requires extended hospitalization and/or threatens serious residual disability which results in the employee’s inability to work.
• New probationary bargaining unit members may donate one (1) day during their first probationary year. For the 2021/22 school year, any existing employee that is not currently a member of the catastrophic leave bank may join by donating one (1) of their ten (10) available sick leave days during the enrollment period.
• An employee may only donate sick leave through the Catastrophic Sick Leave Bank.
• Bargaining unit members may join the Bank only during the District’s annual medical benefits open enrollment period held each August by donating a minimum of one (1) available sick day.
• The number of duty days an employee will be allowed to request at one time for a catastrophic illness/injury shall not exceed thirty (30) full work days.

ARTICLE X: SAFETY CONDITIONS

• Any abuse of school personnel, assault or battery upon school personnel, or any threat of force or violence directed toward school personnel, at any time or place which is related to school activity or school attendance, shall be immediately reported by employees to their immediate administrator.
• Administrative notification to the employees who directly interact with a violent student will be made either verbally or via email as soon as reasonably possible, within five (5) days upon the school’s receipt of actual notice.
• When conditions constitute an obvious and immediate danger to the physical well-being of the employee and/or students for whom the employee is responsible, the employee shall immediately report the situation, both verbally and by email communication, to the site Principal or Supervisor who, in conjunction with the employee, will render prudent and responsible assistance in alleviating the problem.
• An employee shall be responsible for submitting written recommendation, by email communication, to the site Principal or Supervisor regarding the maintenance of safe working conditions, facilities and equipment, repairs and modifications, and other practices designed to insure compliance with applicable standards of the California Occupational Safety and Health Act, California State Compensation Insurance Fund, and the provisions of the District fire and liability insurance programs.

ARTICLE XI: TRANSFER

• In the event that an Administrative Initiated Transfer is necessary, after the Association is informed, the proposed transferee will be notified of his/her pending transfer in a personal conference with the local administrator.

ARTICLE XII: CLASS SIZE

• The two parties agree to form a joint committee consisting of no more than five (5) members from each negotiation team (including outside participants) in order to define the independent study program at La Sierra. This information will be brought back to the full teams for negotiation and implementation in the 2021-22 school year.

ARTICLE XV: ASSOCIATION RIGHTS

• Association representatives may post notices on the FSTO designated employee bulletin board to be provided in each school in accordance with Appendix D, 'Bulletin Board Procedures.
• Beginning with the 2021-2022 School year, the Association will reimburse the District for fifty per cent (50%) of the cost of released time provided the FSTO President. The released time will be arranged with the Superintendent, or designee, for three-fifths release time during both the first and second semesters of each school year for the term of this contract.

ARTICLE XVI: REPRESENTATION FEE

• The title of the article will be updated to: ARTICLE XVI: PROFESSIONAL DUES & PAYROLL DEDUCTIONS
• Pursuant to Ed. Code §45060, The Association shall notify the District of dues deduction authorization and cessation of any authorizations. As the exclusive representative of employees in the bargaining unit, the Association has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the Association. Nothing in this article gives the Association any authority over the District’s internal payroll procedures.
• The District shall not require the completion of a new payroll deduction authorization for union dues when a dues or other change has been effected without the express approval of the Association.
• The Association shall annually notify the District, in writing, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists as needed to ensure that dues are properly deducted from members of the Association.
• Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the Association, the District shall deduct one-tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months in each year of the authorization. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year.
• According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a unit member’s written authorization, unless a dispute arises about the existence or terms of the written authorization.
• The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association.
• On a monthly basis, the District shall transmit to the Association a verified accounting statement which identifies all funds remitted pursuant to section 8.
• Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member's written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction.
• Unit member requests to cancel or change authorizations for payroll deductions for membership in the Association shall be directed to the Association rather than to the District.
• The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members' membership status in the Association.
• The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.
• Association agrees to indemnify and hold harmless the District, its governing board members, and each management employee against any and all costs, losses, or damages because of civil or other action arising from the administration and implementation of these provisions that, if any such dues are deducted from the pay of any unit member and remitted to the Association, the unit member and the District shall not be liable for any refund. The Association agrees to furnish any information needed by the District to fulfill these provisions.

ARTICLE XXII: DURATION AND RENEGOTIATION

• The contract will be closed for 2020-21. In 2021-22 the two parties agree to automatically reopen ARTICLE VI: COMPENSATION and APPENDIX A for limited negotiation.

ARTICLE XXVI: PROCEDURES FOR REPORTING CHILD ABUSE

• The employee who has knowledge of or observes a child in his/her professional capacity or within the scope of his/her employment who he/she knows or reasonably suspects has been the victim of child abuse or neglect shall report the known or suspected instance of child abuse to a child protective agency immediately or as soon as practically possible by telephone and shall prepare and send a written report thereof within thirty-six (36) hours of receiving the information concerning the incident.
• Forms shall be available at each site and at the District Office, and are also available online.

APPENDIX A:

Other Compensation

2. Athletic Stipends

Sport.Activity                           Percent                                    Amount

Football                                   100                                          $5,086.78

Basketball                               85                                            $4,324.18

Cheer                                      85                                            $4,324.18

Baseball                                  80                                            $4,070.68

Wrestling                                 80                                            $4,070.68

Volleyball                                 80                                            $4,070.68

Softball                                    80                                            $4,070.68

Soccer                                     80                                            $4,070.68

Track                                       80                                            $4,070.68

Swimming                               80                                            $4,070.68

Water Polo                              80                                            $4,070.68

Varsity Asst. Football               75                                            $3,815.08

Cross Country                         70                                            $3,558.43

Tennis                                     70                                            $3,558.43

Golf                                         65                                            $3,305.98

Any Other Assistants               65                                            $3,305.98

• The maximum number of Head Coaching stipends is twenty-four (24) per campus. The maximum number of Head Coach stipends is twelve (12) per campus for girls’ programs and twelve (12) per campus for boys’ programs. The number of other athletic stipends allocated to each campus will be determined by the approved athletic program and shall be 43 stipends per campus.
• All Psychologists and SLPs will be placed on a separate salary schedule, as indicated on the Salary Schedule: 2020-2021.

APPENDIX I:

• The District proposes elimination of APPENDIX I and the re-title of APPENDIX J to become APPENDIX I.

FSTO unit members ratified the changes under the April 9, 2021, Tentative Agreement by 95.7 %; voting was held April 15^th through April 15^th through April 19^th.

The Superintendent recommends that the Board of Trustees approve the ratified Tentative Agreement and authorize District staff members to make the identified changes in the contract to facilitate payroll disbursement of retroactive pay and ongoing changes in unit members compensation.

Background

District staff members worked together with the Fullerton Secondary Teacher Organization (FSTO) executive members on compensation and language for the 2020/21 school year’s financial compensation amount. The final salary increase is 4.00% and is retroactive to July 1, 2020. Additionally, the Psychologists and Speech Language Pathologists will be placed on their own salary schedule.

Current Considerations

Prior to entering into a written agreement with a bargaining unit, Government Code Section 3547.5 requires public schools in the State of California to disclose major provisions of the agreement at a public meeting. In addition to the disclosure at a public meeting, the superintendent and chief business official shall certify in writing that the costs incurred under the agreement can be met during the term of the agreement. Government Code Section 3540.2 provides that school districts with qualified or negative certifications shall allow the Orange County Department of Education (OCDE) at least 10 working days to review and comment on any proposed agreement. Although the District does not have a qualified or negative certification, a best practice is to allow OCDE the opportunity to review and comment on the proposed agreement.   

In order to assist districts in calculating the fiscal impact of the collective bargaining agreement, OCDE developed a standardized form, which is attached for Board Members’ review. This form calculates the fiscal impact of the monetary components of the salary increase. This form was provided to the OCDE as described above. 

Fiscal Impact: 2020/2021 – 4.00% on-salary schedule increase and a separate salary schedule for Psychologists and Speech Language Pathologists for a salary and statutory benefit cost of $3,341,999.  

This agenda item seeks approval of the AB1200 form for this salary increase and will allow the District to move forward with processing the necessary adjustments to the 2020/21, 2021/22 and 2022/23 budgets.

Attachment:

• Public Disclosure of Collective Bargaining Agreement (OCDE) – Includes Certification of the District’s Ability to Meet the Costs of Collective Bargaining Agreement

Recommendation

It is recommended that the Board of Trustees approve the salary increase as shown on the AB1200 form for the Fullerton Secondary Teacher Organization (FSTO) staff with a contract period July 1, 2020 – June 30, 2021, and authorize the Superintendent and Chief Business Official to sign the certification of the District’s ability to meet the costs of the collective bargaining agreement.

On February 9, 2021, the Board of Trustees gave authorization to bid the new aquatics facility at  La Habra High School. Advertisements were placed in the Orange County Register on March 11, and March 18, 2021. Fourteen bids were received on April 6, 2021. 

It is in the best interest of the District to reject all bids at this time. The project will be value-engineered to reduce the estimated construction costs and will be rebid pending Board approval.

At the February 9, 2021 Board Meeting, the Board of Trustees gave authorization to bid the new aquatics facility at La Habra High School. Fourteen bids were received on April 6, 2021 with the lowest bid coming in at $6,487,000. At the September 3, 2019 Board Meeting, the Board of Trustees gave authorization to reject all bids for the new aquatics facility.

This project has been value-engineered and separated to reduce the estimated construction costs.  District staff members are requesting to re-bid the new aquatics facility at La Habra High School.

Estimated Project Cost: $6,000,000