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Table of Contents of Frequently Asked Questions
Back to Top1. What is a teacher's union?Teachers’ unions are made up groups of people like you and me who work together to solve problems and to have a voice in what happens in our work environment. A teacher’s union gives us a louder voice on the job with regards to salary, benefits, safety, job security, and the ways in which our work is done and handled. Teachers’ unions give teachers a voice in how best to run our local public schools. We build stronger work environments, and give teachers a stronger voice than that of any one teacher alone. It is because of teachers’ unions that we often have better pay, better health benefits, and better pension benefits than workers who do not belong to unions. 2. What’s a Contract, also known as a Collective Bargaining Agreement (CBA)?The contract is an agreement between United Teachers of Pasadena and Pasadena Unified School District. The contract stipulates the conditions of your employment, such as: our work hours, discipline procedures, evaluation procedures, salary, health and welfare benefits, and more. The contract should be upheld not only by PUSD administrators and principals, but also by our own members. When you let contract violations persist, you weaken our contract and make it harder to work for everyone. When you do work outside of our contract, this also weakens it. For instance, if your principal asks you to do extra work after school for less pay because there isn’t money in the school budget to pay you the negotiated supplemental employment rate stipulated in our contract, then you’ve sent the message that it’s okay to negotiate outside of our contract. As a consequence, you’ve weakened our contract for others who are entitled to the regularly negotiated supplemental rate. Moreover, if your administrator reneges on your agreement with them, and it’s happened, then you’ve jeopardized your contractual grievance rights and you might not get paid for your work. Don’t weaken our contract by letting violations persist and don’t work outside of it! Furthermore, you should not sign anything other than your employment contract. Your job and what you are entitled to is outlined in the contract (CBA). If someone is asking you to sign something, and you are unsure if you should, contact your Union Representative immediately. 3. Who negotiates the contract? The contract is negotiated by trained representatives from both UTP and PUSD. These representatives are appointed by the President of the UTP, and the Superintendent of the District. 4. Who are Site Representatives and the Executive Board? Site Representatives are your elected school Union Representatives. They represent your school at our Representative Council Meetings where they vote on issues that affect our Union. They are the first union members you should talk to when you have a question or problem about working in PUSD. They have generally had training in how to handle problem situations with an administrator in the District and have surface knowledge of our contract. The Executive Board is a group of elected union officials who have the fiduciary responsibility for overseeing the governance of our Union and By-laws. They work closely with the President to work for the betterment of the UTP. They are there to make suggestions to the President and Site Representatives at our Executive Board and Representative Council Meetings. Area Directors also sit on the Executive Board and act as a liaison between your Site Representative and the President. Site Reps and Area Directors should always work closely together when problems occur. 5. What do I do if I have a problem during my employment with the District? If there is a problem or contract violation at your school site, be it with an administrator, teacher, or parent you must first speak with your elected Site Representative at your school; they should be able to help you. You should also look up what the contract has to say about it; the contract can be found online. If your Site Representative cannot help you or they do not have the answer to your question, then you can contact your Area Director under UTP Leadership. Only once you have exhausted your peer resources should you call us at the UTP office. 6. What do I do about contract violations? A contract violation occurs when a district administrator or principal does something or orders you to do something that goes against our negotiated contract with the Pasadena Unified School District. Since there is quite a bit of information in our contract, often times, the violation that occurs is due to the District or administrator not knowing what the contract says. So, you shouldn’t be afraid to advise your administrator if he or she unknowingly violated the contract. Many problems can be easily fixed this way. However, if you speak with your administrator about the problem and nothing gets done, you only have 10 days to file a grievance. It is at this point that you should contact our Contract Management Team immediately so they can advise you of what to do. The contract needs to be upheld for it to work. If our contract is weakened by one, it can be weakened for all. If you feel that the contract is being violated on purpose, then you should contact our Contract Management Team Chairperson who will advise you of what to do. You may contact them by email or at their school: Contract Management Chair: Alvin Nash aenash@sbcglobal.net 7. How can I get involved and help out in our Union? You can help out by reading your contract and understanding what it means to you and your profession while working here in the Pasadena Unified School District. You should uphold the contract and be active in the Union and in our local school board politics. When our Union leadership calls for your involvement in an organized event, you should be prepared to participate – there is power in numbers. You can also help out by running for an elected position such as a Site Representative at your school, Executive Board member, or assisting on any one of our committees in the Union. Some types of your work may also count towards professional growth hours for when renewing your credential. To get more information you can contact the UTP office. 8. How do I know if I am a member of the UTP?Call the UTP office at 626.798.0928 and we will tell you. Back to Top9. Can I transfer sick leave from one district to another?Yes, you may transfer sick leave (Ed Code 44979,8772). Back to Top10. Do my sick days carry over each year?Yes, the number of days not used shall accumulate from year to year (Article 9.2.2). Back to Top11. How many sick days can I use for personal necessity leave?A unit member shall be entitled to use during each school year a maximum of 7days of sick leave towards personal necessity leave (Article 9.4.1). Back to Top12. Can I view my personnel file?Yes, make an appointment with the Certificated Personnel Office at anytime during the year. You may call them at 626 396-3611 You should also know there is only one file that may be kept on you, which is held at the district office. Your principal make keep a working file on you throughout the year, however, they must return it to you or discard its contents at the end of the year. Nothing can go into your district personnel file without your written acknowledgement. The only personnel file that counts is the one kept on file at the district office. Back to Top13. How and when can I reclassify on the salary schedule?You may reclassify on the salary schedule at anytime during the year. You must take supporting records, transcripts or documentation to the Certificated Personnel Office for verification. Reclassification will occur within 90 days and will be retroactive to the first day of the month in which you submitted your documentation. Per policy, you should make sure to have the personnel office time, date stamp, and copy the materials you brought in for you to take so that if they are misplaced by the personnel office, you will have record of your turning in your materials. Back to Top14. When and how do I file a formal complaint? If you feel you have been acted upon inappropriately by anyone in the district, be an employee, student, or a parent, you may file a complaint by using the complaint form. If you feel your employment rights have been violated or feel you have been discriminated against by the PUSD, you may file a complaint with the Department of Fair Employment and Housing. The Department of Fair Employment and Housing maintains the authority to investigate complaints of discrimination in the areas of employment, housing, public accommodations and hate violence. You can reach them at http://www.dfeh.ca.gov/ . 15. When and how do I file a grievance? If you believe your contractual rights have been violated, then you may file a grievance against the site administrator and/or district. Please contact Alvin Nash, 626 798-8901 for further information. 16. What do I do if I am accused or charged with criminal misconduct? You should download the form "Do's and Don'ts for school employees charged with criminal misconduct" put together by the CTA, which gives step by step directions of what to do in the event of being accused or charged with criminal misconduct. You should also read your Weingarten Rights. 17. Who can I notify if my school facilities are not up to code or I need to report unsafe conditions? You should file a complaint, using the Complaint Form, with PUSD Risk Management and call them at 626-795-6981 ext. 516 to follow up on the problem(s). You should also contact OSHA at their local office http://www.dir.ca.gov/dosh/DistrictOffices.htm. You can also file a complaint via the web http://www.dir.ca.gov/dosh/Complaint.htm. If the complaint is in regards to Williams Settlement Legislation, you may also fill out a Complaint Form. See below, "What is the Williams Case and how does it affect me and my students." If the problem is in regards to a bathroom, read the following information on Clean School Restroom Legislation. Recent legislation (Senate Bill 892) contains provisions relating to the sufficiency and availability of the restroom facilities in all public schools. Consequently, the Office of Public School Construction (OPSC) is providing a procedure for concerned parties to file complaints regarding the condition of public school restrooms. Click here to read SB 892 Text. To file a formal complaint regarding the condition of a public school restroom, you must complete a Restroom Maintenance Complaint form. The complaint form can be mailed to the OPSC or faxed to 916.445.5526. Please be advised that the form must be completed in its entirety in order to be processed. The form can also be requested by dialing a toll free number 866.869.5063. Please make this number available to those who may not have Internet access. 18. Can I be forced to change a student's grade? In the absence of clerical or mechanical mistake, fraud, bad faith, or incompetence on the part of the teacher, grades given by a teacher to each pupil shall be final and not subject to change by others. A board or superintendent shall not order a grade changed unless the teacher who gave this grade is given the opportunity to state orally or in writing, or both, the reasons the grade was given, and is, to the extent practicable, included in all discussions related to the changing of the grade. (Ed. Code 49066) 19. Can I suspend a student from my class? 1. A teacher may suspend any pupil from the teacher’s class, for any of the acts enumerated in Section 48900 of the Ed code, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or principal’s designee for appropriate action. If that action requires the continued presence of the pupil at the school site, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. Whenever practicable, a school counselor or a school psychologist shall attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal. 2. A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended. 3. A teacher may also refer a pupil, for any of the acts enumerated in Ed. Code Section 48900, to the principal or the principal’s designee for the consideration of a suspension from the school. 20. If I am called to a meeting with one or more district officials what should I know before I go? 1. Remember, your private life is your own. Read your Weingarten Rights. 2. You can expect to be treated in a professional manner. A meeting between you and your supervisor should be held in a professional manner. You should, therefore, not expect to be yelled at, or berated by an administrator. 3. If you are called to a meeting with one or more district officials, you are entitled to (1) know what the meeting is about, (2) know approximately how long it will last, and (3) to have a representative accompany you to the meeting. 4. If the occasion arises that the administrator wants to tape record the meeting, you can decide yes or no. If he/she persists, demand a copy of the tape, refuse to answer any questions without counsel and state your objections on the tape. Per section 51101 of The California Ed Code, parents have a right "within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled." The law also states that, although parents may volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, they must have approval to volunteer in the classroom from the classroom teacher. Moreover, they are under the direct supervision, of the teacher, and although volunteer parents may assist with instruction, the primary instructional responsibility shall remain with the teacher. This means that parents should never just walk into your classroom without permission or an appointment. They should make an appointment with you and generally stay for not longer than 5-10 minutes. Also, any parent who visits a classroom more than once whether to observe or volunteer, should have a negative tuberculosis test and a volunteer form filed with the district. 22. What are my rights as a probationary teacher? You can read the following document provided by the CTA on "Rights of Probationary Teachers." 23. What is the Williams Case and how does it affect me and my students? In the Williams v. State of California Education lawsuit, the class in this lawsuit has been defined as the following: All students who are attending or will attend public elementary, middle or secondary schools in California who suffer from one or more deprivations of basic educational necessities. The specific deprivations are as follows: A) a lack of instructional materials such that the student does not have his or her own reasonably current textbook or educational materials, in useable condition, in each core subject (1) to use in class without sharing with another student; or (2) to use at home each evening for homework; B) a lack of qualified teachers such that (1) the student attends a class or classes for which no permanent teacher is assigned; or (2) the student attends a school in which more than 20% of teachers do not have full, non-emergency teaching credentials; or (3) the student is an English Language Learner ("ELL") and is assigned a teacher who has not been specially qualified by the State to teach ELL students; C) inadequate, unsafe and unhealthful school facilities such that (1) the student attends classes in one or more rooms in which the temperature falls outside the 65-80 degrees Fahrenheit range; or (2) the student attends classes in one or more rooms in which the ambient or external noise levels regularly impede verbal communication between students and teachers; or (3) there are insufficient numbers of clean, stocked and functioning toilets and bathrooms; or (4) there are unsanitary and unhealthful conditions, including the presence of vermin, mildew or rotting organic material; D) a lack of educational resources such that (1) the school offers academic courses and extracurricular offerings in which the student cannot participate without paying a fee or obtaining a fee waiver; or (2) the school does not provide the student with access to research materials necessary to satisfy course instruction, such as a library or the Internet; or E) overcrowded schools such that (1) the student is subject to a year-round, multi-track schedule that provides for fewer days of annual instruction than schools on a traditional calendar provide; or (2) the student is bused excessive distances from his or her neighborhood school; or (3) the student attends classes in one or more rooms that are so overcrowded that there are insufficient seats for each enrolled student to have his or her own seat or where the average square footage per student is less than 25 square feet. To find out more information you can visit http://www.cde.ca.gov/eo/ce/wc/index.asp or www.decentschools.org. To file a complaint using one of the above definitions, A-E, you may file the complaint using the district's complaint form. Yes. Under Article XI of the contract, we have a responsibility to report unsafe conditions to our immediate supervisor. Furthermore, California Labor Codes 1102.5 and 98.6 protect any employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses: 1. A violation of a state or federal statute. 2. A violation or noncompliance with a state or federal rule or regulation, or 3. With reference to employee safety or health, unsafe working conditions or work practices in the employee's employment or place of employment. This would include both William's Case and Clean Restroom legislation. For more information, or how to report improper acts, you can read Whistle Blowers Are Protected. 25. What should I do if I am injured on the job? You must report the accident to your school site administrator, complete and accident/injury form, and submit it to Risk Management. You should also call us at the UTP office, so we may refer you to a workers compensation attorney. 26. Can my principal tell me what to do on a B Monday? No, the MOU on Banking Time outlines what we do for A and B Mondays. B Mondays are teacher driven, and what the teacher decides to do for that day is up to the sole discretion of the teacher. 27. I was evaluated last year and my principal wants to evaluate me again this year. Can they? It depends on your status as a teacher in the district and your prior year evaluation. If you received either an overall "Needs to Improve" or an overall "Unsatisfactory" summative evaluation, then yes, your principal can evaluate you again this year. However, if you received a "Satisfactory" evaluation and are permanent, then refer to the contract for the reasons your principal may evaluate you. [8.2 Reasons for evaluating permanent unit members more often than the minimum required are: a new assignment or a significant change in the unit member's program, an unsatisfactory previous written evaluation, and/or the unit member's current performance has significantly declined since the most recent written evaluation.] If none of those reasons apply, then your principal may not evaluate you again this year. If you are a permanent member who has been with the District for 10 years and are highly qualified, 8.2.1 may apply to you. 8.2.1 reads: "Unit members with permanent status who have been employed at least ten years with the district, are highly qualified, as defined in 20 U.S.C. Sec. 7801 (ESEA), and whose previous evaluation rated the employee as meeting or exceeding standards, shall be evaluated at least every five years if the unit member and the evaluator consent to this schedule. Consent may be withdrawn by either the unit member or the evaluator at any time for any reason. Should the evaluator withdraw consent, the reason(s) will be given prior to initiating the evaluation process." Observations and evaluations are the job of the site administrator, not UTP members. UTP unit members should not observe or evaluate other members without their permission and should not be offering unsolicited advice and feedback unless such advice or feedback is requested. As a courtesy to each other as members who are in the same bargaining unit, you should always ask about visiting another members classroom. Furthermore, our Union Code of Conduct prohibits any member from negatively speculating about a fellow unit member; therefore, no member may negatively disparage another member to administration. 29. As a UTP member, do I get reimbursed for using my own private vehicle? Yes, Article XIV, Salary and Salary Schedule Rule and Regulations, Section14.17 of our contract reads: "unit members required and directed to use a private vehicle in the performance of District duties shall be reimbursed at the allowable IRS rate. You should view the mileage procedures form and use the District Mileage Report Form and calculate mileage from your worksite to the destination and back. You may use the form for any amount and do not forget to adjust the rate to the current allowable IRS rate. The 2008 IRS standard mileage rate is currently 58.5 cents per mile. Please check the Internal Revenue Service (IRS) website for current mileage rates. 30. My class size seems too big, how do I know if the District is violating our class size ratio? The UTP's position on class size is: the smaller the better - for both students and teachers. We all know that smaller class sizes contribute to better student performance, more individualized teaching, and better morale amongst staff because of the decreased workload. The UTP wants class size maximums - the district does not. In the absence of class size maximums, we have class size ratios. The class size ratios are outlined in the Class Size Article of our contract. You must take the total of all students in all classes for the respective grade level outlined in the contract and divide that number by the ratio to find out how many teachers you should have at that grade level. For example, if you you teach at the 6-8 grade level, which has a class size ratio of 1:29.5, this means that you should have 1 teacher to every 29.5 students at this level; this does not mean that each class will only have 29.5 students.. To calculate this, you should take the total number of students in all classes and divide this number by the ratio (29.5). This will give you the total amount of teachers you should have at your school site. This teacher number excludes special education teachers, nurses, librarians, and counselors. Should you feel there is a class size violation please contact the Contract Management Team or the UTP Office immediately. 31. How do I read my check stub? See the PDF file with a sample check stub by clicking here. 32. What is the California Family Rights Act? See the brochure here.
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