ARTICLE 1
This bilateral and binding Agreement between the Board of Education of the Mt. Diablo Unified School District (hereafter DISTRICT) and the Mt. Diablo Education Association/California Teachers Association/National Education Association (hereafter ASSOCIATION) has been reached through "meeting and negotiating" as defined by §3540.1(h) of the Government Code.
Except as otherwise specified, the following definitions control the meaning of these terms when used in this Agreement.
1.2.1 "Daily rate" or "daily rate of pay" means the unit member's annual salary divided by the number of days of required service during the year under the terms of this Agreement.
1.2.2. "Day" means a calendar day.
1.2.3. "Immediate family" means husband or wife, mother or father, sister
or brother, son or daughter, son-in-law or daughter-in-law, brother-
in-law or sister-in-law of the employee or the employee's spouse;
grandchild of the employee or of the employee's spouse;
grandmother or grandfather of the employee or of the employee's
spouse; uncle or aunt of the employee or of the employee's spouse;
niece or nephew of the employee or of the employee's spouse; or
any resident of the immediate household.
1.2.4. "Unit member" means any employee covered by this Agreement.
However, reference will be made to specific unit members; i.e.,
teachers, librarians, nurses, etc., as the context requires.
1.2.5. "Work day" means a day when the administrative offices of the
District Office are open for business.
1.3.1. Pursuant to Chapter 10.7 (commencing with §3540) of the
Government Code, the District recognizes the Association as the
exclusive representative of the teachers' unit.
1.3.2. The teachers' unit includes the following employees:
1.3.3. All temporary, probationary and permanent certificated employees in
these positions:
1.3.3.1. Audiologists
1.3.3.2. Classroom Teachers
1.3.3.3. Librarians
1.3.3.4. Nurses
1.3.3.5. Peer Coaches
1.3.3.6. Program Enrichment Personnel
1.3.3.7. Reading Specialists
1.3.3.8. Resource Specialists
1.3.3.9. Speech Therapists
1.3.3.11. Teachers on Special Assignment
1.3.3.12. Traveling Teachers
1.3.3.13. Work Experience Education Staff
1.4. Coverage
1.4.1. This Agreement applies exclusively to all employees in the teachers'
unit.
1.5. Application
1.5.1. This Agreement shall supersede District Policies and Procedures to
the extent that the subject matter of such policies and procedures
are covered to any extent by this Agreement.
1.6.1. If any provisions of this Agreement should be held invalid or outside
the scope of bargaining by operation of law or by the final judgment of
any court of competent jurisdiction, or by an unappealed decision of
the Public Employment Relations Board, the remainder of this
Agreement shall not be affected thereby.
1.6.2 In the event of such invalidation, upon request by either party, the parties agree to meet and negotiate in an effort to arrive at a replacement for such provision, within ten (10) days, insofar as such provision remains within the scope of bargaining.
1.7 Term
1.7.1 This Agreement shall remain in full force and effect through June 30, 2004.
1.8 Re-opener and Successor Negotiations
1.8.1 Re-opener Negotiations: The Association and the District may re-open negotiations for the third year of this agreement (2003-04) over the following articles:
14 – Salaries (including Appendices A & B)
15 – Payment for Non-Teaching Duties
16 – Employee Benefits
The Association and the District shall present re-opener proposals no later than March 6, 2003.
1.8.2 Successor Negotiation – The Association and the District shall present proposals for a Successor Agreement no later than March 6, 2004.
1.9.1 PREMISE: Maintenance and enhancement of a cooperative and constructive relationship between the Association and the District benefits students. A multiyear negotiated Agreement furthers this purpose; however, both parties must also be free to raise concerns during the term of the Agreement with the understanding that they will be addressed in good faith by all parties. Since MDEA and the District enjoy the relationship described herein, the parties agree to meet and negotiate over issues which arise during the term of this Agreement, subject to the following conditions:
1.9.2 These negotiations may be over any subject within the scope of negotiations, except for compensation and compensation-related matters or other subjects specifically excluded by the Agreement. However, continuous bargaining sessions may be used to provide the parties with district budget status updates.
1.9.3 The parties agree to schedule at least two (2) sessions per month (excluding December, July and August) in each of the three years of this Agreement. The parties may schedule additional or fewer sessions upon mutual agreement.
1.9.4 Any contract modifications must be bilateral in nature (i.e., mutually agreed to), and the parties shall not have recourse to the impasse procedures contained in the E.E.R.A (Gov. Code, § 3540 et seq.), unless mutually agreed to.
1.9.5 Matters, which have been agreed upon, shall be accumulated on a quarterly basis and ratified by each party in conformance with legal and organizational requirements prior to implementation of any changes.
1.9.6 The Agreement shall be maintained in loose-leaf binders to allow for the addition of changes generated pursuant to this Article. The parties shall share the cost of producing and distributing the Agreement and updates as follows:
1.9.6.1. The District shall be responsible for the printing of the Agreement and all updates. MDEA will distribute the contract and updates to its unit members.
1.9.6.2. The Association will provide binders to all MDEA representatives, Executive Board members, one for each faculty room (MDEA will update), each site administrator, and each Office Manager.
1.9.6.3. The District will distribute the contract and updates to all administrators.
1.9.7. Prior to the end of each session, the parties shall agree upon the subject matter intended to be discussed at the next session.
1.9.8. All negotiations conducted under this article shall comply with public notice (“sunshining”) requirements contained in Government Code § 3547, subdivision (d).
1.9.9. Nothing herein shall preclude legitimate recourse through the contractual grievance process contained in Article 3 of this Agreement.