Agreement Between the San Mateo Union High School District and the Adult School Federation of Teachers


ARTICLE III: EMPLOYEE & FEDERATION RIGHTS

Section 1. Employee Rights
Nothing in this Agreement shall constitute a waiver of unit employee's rights under law.
Section 2. Permanent Status
Employees shall become "permanent" employees as required by the Education Code.
Section 3. Teacher Rights
Unit members who wish to increase their hours or transfer to another class, shall file a form with either the Director or Director's designee during the months of October and March. When a vacancy develops, the Director will consider the showings of interest.
A. In selecting candidates from among current employees, seniority shall be used as a tie-breaker when other factors are equal.
B. A candidate must hold an appropriate credential as required by applicable code or regulation to be hired for a position.
C. The District shall reply to any unsuccessful candidate with a written explanation that another candidate was selected or that the position will not be filled.
D. Unit members may request a conference with the Director or the Director's designee to discuss career development related to the employee's suitability for additional assignments or positions.
Section 4. Federation Rights
The Federation is the exclusive representative of the bargaining unit and retains for the duration of this Agreement the rights of the exclusive representative under the Educational Employment Relations Act.
At the time of hire, the District will notify employees that a copy of the current contract for Adult Education is available.
Section 5. Employee Information
A. A list of unit members shall be provided to the Federation by September 30 of each year without cost and will include the following information:
1. Unit members' names
2. Unit members' addresses
3. Unit members' telephone numbers, and
4. Classes taught by each unit member, including the time and location of each class.
Updates will be furnished to the Federation at the beginning of April and July. The District will also provide a list of tenured teachers employed in the Adult School to the Federation and to the teachers on the list.
B. The District will compile a directory of Adult School employees by November 15. Names shall be included along with the address and telephone number of each employee, subject to permission from each employee. One copy of the directory will be made available to each employee and to the Federation.
Section 6. Agenda
The Federation shall be provided with two (2) copies of the Board agenda and back-up materials for each Board meeting. These materials will be made available to the Federation at approximately the same time as they are provided to the members of the Board of Trustees.
Section 7. Release Time For Representative
Upon request, an employee, will be entitled to have a Federation representative present during an investigatory interview when the employee reasonably believes that such investigation will result in disciplinary action. The selected representative shall be available to serve within a reasonable time, not to exceed 24 hours, excluding weekends and District holidays.
Section 8. Representation
A unit member may be accompanied by a Federation representative to: (1) Discuss with the Director or Director's designee matters affecting the unit member's continued employment relationship with the District or (2) When the unit member reviews his/her personnel file.
Section 9. Adult School Committees
The Federation may present to the District a list of names of Adult School teachers for the District's consideration for service on Adult School standing committees or to act as consultants to Adult School standing committees. The District will inform the Federation of its plans to form any new standing committee(s).
Section 10. Suspended Class
When a class has been suspended due to an emergency, the teachers shall be allowed to teach the missed class at a later time if it is reasonable and timely to do so.

Section 11. Bulletin Boards
The Federation shall be given three bulletin boards of reasonable size at Foster City, the Adult School Complex and the SMART CENTER. These boards will be for the exclusive use of the Federation and will be in areas frequently used by unit members, such as a room with a copy machine, teachers' lounge, etc. The Federation shall take reasonable steps to ensure that bulletin boards are maintained orderly and that posted material is timely, appropriate and germane to Federation members' employment interests.
Section 12. Dues Deductions
The District will deduct from the pay of unit members and remit to the Federation, Federation membership dues as voluntarily authorized by unit members who have signed an authorization card. These deductions will remain in effect unless revoked in writing by the unit members and submitted to the Federation. The Federation will immediately notify the District of such changes.
Section 13. Access to Personnel Records
A. An employee shall have access to his/her own personnel file upon request, provided that the request is made at a time when the employee is not actually required to render services to the district and during normal business hours. An employee may be accompanied by an individual of his or her own choosing when reviewing his/her personnel file, and may show the contents of his/her file to the individual. Those records, reports, or other materials obtained prior to the employment of the person involved shall be excluded from review by the employee.
B. Members of the Superintendent's cabinet, principals, directors, and other supervisory personnel who have the responsibility for evaluating employees shall have access to personnel files for those employees under their direct supervision after consultation with the Director of Personnel.
C. Placement of Material into Personnel Files
All materials made a part of the personnel file shall be dated by the originator and date stamped when received in the Personnel Office. No information of a derogatory nature shall be placed into the file until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have his or her own comments attached to any derogatory statement in the file. Such review shall take place during normal business hours, and the employee shall be released from duty at a mutually agreeable time for this purpose without salary reduction.
D. Contents of the Material in the Personnel File
Copies of any anecdotal and/or other records concerning the employee's employment or professional status that are kept by any supervisor in the District shall be given to the employee and shall be made a part of the personnel file.
Section 14:
Upon attaining permanent status, a teacher shall receive a statement from the District stating the number of hours at which the teacher has achieved permanency.