source: http://www.utla.net/contracts

1. 2008 – 2011 AGREEMENT
LOS ANGELES UNIFIED SCHOOL DISTRICT
and
UNITED TEACHERS LOS ANGELES
C:Usersrobert.samplesDocumentsRob OSR DocumentsCBA-UTLA2008-2011 UTLA CBA Revision2008-2011
CONTRACT- 01.03.11.doc

2. TABLE OF CONTENTS
ARTICLE PAGE
I. RECOGNITION 1
1.0 The Unit 1
1.1 Excluded 1
2.0 Changes to the Unit 1
3.0 “Employees” Defined 1
II. EFFECT OF THE AGREEMENT 3
1.0 Effect Upon Negotiations 3
1.1 Revisions to the Agreement 3
2.0 Effect Upon Individual Contracts 3
3.0 Effect Upon District Policies and Rules 3
4.0 Separability and Savings 3
III. DISTRICT RIGHTS 4
1.0 General 4
2.0 Consultation Rights 4
3.0 Retained Rights 4
4.0 Effect on Grievance Procedure 5
IV. UTLA RIGHTS 6
1.0 Access 6
2.0 Bulletin Boards 6
3.0 Distribution of Material 6
4.0 Released Time For Negotiations 6
5.0 Organizational Leave 6
6.0 Released Time at UTLA Expense 6
7.0 Exclusivity 6
8.0 UTLA Chapter Chairpersons 7
8.1 Released Time for Chapter Chairs 8
9.0 Committee Appointments 10
10.0 Meetings 11
11.0 Recruiting Table 11
12.0 Consultation Rights 11
IV-A. DUES DEDUCTIONS 12
1.0 Voluntary Authorizations 12
2.0 Remitted to UTLA 12
3.0 Exclusive to UTLA 12
4.0 Agency Fee/Dues Obligation 12
4.2 Religious Exemption from Agency Fee Obligation 13
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IV-A. DUES DEDUCTIONS (continued)
4.3 Implementation Dates 13
4.5 Indemnity/Hold-Harmless 14
V. GRIEVANCE PROCEDURE 15
1.0 Grievance and Parties Defined 15
2.0 Representation Rights 15
3.0 Released Time Employees and UTLA Representatives 16
4.0 Confidentiality 16
5.0 Effect of Time Limits 16
6.0 “Day” Defined 16
7.0 Informal Conference/Intervention Process 17
8.0 Step One 17
9.0 Step Two 18
11.0 Request for Arbitration 18
12.0 Selection of Arbitrator 18
13.0 Optional Preliminary Hearing on Issues Which Do Not
Involve Merits of Grievance 18
14.0 Scheduling Hearings and Decisions 19
15.0 Expedited Proceedings 19
16.0 Documents and Witness Lists 19
17.0 Conduct of Hearings 20
18.0 Limitations Upon Arbitrators 20
19.0 Effect of Arbitration Award 20
20.0 Expenses 20
21.0 Grievance Files 20
22.0 No Reprisals 21
23.0 Special Grievance Procedure for Non-Unit Members 21
V-A. ALTERNATE GRIEVANCE PROCEDURE 22
1.0 General 22
2.0 Steps of this Procedure 22
3.0 Joint Panels 23
VI. WORK STOPPAGE 24
VII. NON-DISCRIMINATION 25
VIII. SMALL LEARNING COMMUNITIES 26
1.0 Central Small Learning Community Committee 26
2.0 Process for Conversion Schools 27
3.0 Process for New Construction Schools 27
4.0 Staffing, Vacancies and Transfers 27
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VIII. SMALL LEARNING COMMUNITIES (continued)
5.0 Protection of Employee Rights 28
6.0 SLC Leadership 28
7.0 SLC Taskforce 29
IX. HOURS, DUTIES AND WORK YEAR 30
1.0 General Workday Provisions 30
2.0 Sign-in and Sign-out 30
3.0 Minimum On-Site Obligation 30
4.0 Other Professional Duties 32
4.3 Faculty, Departmental, Grade Level, Staff Development
and Committee Meetings 33
4.4 Meeting on the Two Pupil-Free Days 33
4.5 Required Orientation Inservice for Teachers 33
5.0 Duty-Free Lunch 34
6.0 Secondary Preparation Period 34
7.0 Elementary Preparation Period 34
7.5 Elementary Supervision Time 35
8.0 Additional Special Education Non-classroom Time 36
9.0 Variations and Experimental Situations 37
10.0 Work Year 37
11.0 Special Provisions 41
IX-A. ASSIGNMENTS 43
1.0 General 43
2.0 Uniform Staffing Procedures For All K-12 Schools 43
2.1 Staffing Procedures After Initial Selection
Through The Fifth Week of School or Track 47
2.2 Staffing Procedures For Spring Semester or
Subsequent Tracks in Secondary Schools 48
3.0 Department and Grade Level Chairpersons 48
4.0 Determination of Whether There Shall Be
Coordinator or Dean Positions at School Sites 48
5.0 Required Elections of School-site Coordinators
and Deans 49
5.1 Job Description and Eligibility for School Site
Election of Coordinators and Deans 50
6.0 Coordinator Selection Procedure at School Sites 50
7.0 Dean Election Procedure at School Sites 51
8.0 Filling Vacancies After Norm Day 52
9.0 Five-Year Out-Of-Classroom Assignment Limitations
at School Sites 53
10.0 Five-Year Out-Of-Classroom Assignment Limitations
at Non-School Sites 53
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IX-A. ASSIGNMENTS (continued)
11.0 Secondary Counselor Reassignment [to Teaching Position] 55
12.0 Request for Assignment for Unit Members Reporting to
Health and Human Services 55
IX-B. PROFESSIONAL DEVELOPMENT 56
1.0 Purpose and Goals 56
2.0 Banked Time for Professional Development 57
3.0 Professional Development Advisory Committee 58
4.0 Program Evaluation 60
5.0 Common Planning for Middle Schools 60
IX-C. INSTRUCTIONAL COACHES 61
1.0 General 61
2.0 Qualifications, Duties, Assignment Basis
and Compensation 61
3.0 Selection Process 61
4.0 Terms of Service and Return Rights 62
5.0 Program Evaluation 62
6.0 Confidentiality 62
X. EVALUATION AND DISCIPLINE 63
1.0 Purpose 63
2.0 Evaluator 63
3.0 Frequency 63
4.0 Establishment of Objectives 64
5.0 Observations, Records, and Assistance 65
6.0 Final Evaluation Report 65
6.3 Grievances 65
7.0 Inadequate Service by Substitutes 66
8.0 Evaluation of Substitutes 66
8.2 Evaluation of Limited-Term Personnel 66
8.3 Examination References 66
8.4 Evaluation Request Upon Separation of Employment 67
9.0 Access & Response to Critical Material In Personnel Files 67
10.0 Pre-disciplinary Matters 67
11.0 Notices of Unsatisfactory Service or Act, and Suspension 68
12.0 Accountability for Individual Bargaining
Unit Member Quality 70
13.0 Suspension or Reassignment Due to Mental
Incompetence 70
14.0 Arrest Procedures 70
15.0 Procedures Relating to Alleged Child Abuse 71
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X-A. PEER ASSISTANCE AND REVIEW (“PAR”) 72
1.0 General 72
2.0 Program Description 73
3.0 Program Support 73
4.0 Consulting Teacher Qualifications
and Selection Criteria 74
5.0 Consulting Teacher Duties and Responsibilities 76
6.0 PAR Panel Qualifications and Selection 77
7.0 PAR Panel Duties and Responsibilities 77
XI. TRANSFERS 79
1.0 Transfer Defined 79
1.1 Types of Transfers 79
1.2 Limitations 79
1.3 Compliance with SB 1665 (Scott Bill) 79
2.0 Administrative Transfers 79
2.1 Mediation Process 79
3.0 Teacher Integration Transfer Program 80
5.0 Voluntary Teacher-Initiated Transfer Program 81
6.0 Displacement - Over-Teachered Schools 81
6.1 Displacement - Non School-based Support Service
Personnel and Driver Safety Instructors 83
6.2 District Seniority Number 84
7.0 District-wide Transfer List 84
7.5 Contract Waivers 84
8.0 Medical or Hardship Exemptions - General 85
8.1 Hardship Appeals 85
8.4 Medical Appeals 86
9.0 Employee Initiated Transfers - Employees Time-reported
From Central or Regional Locations 87
10.0 Employee Initiated Transfers - Early Education 89
11.0 Vacant Positions 89
12.0 Return Rights 90
13.0 Voluntary Continuous Service Transfers, K-12 Program 91
14.0 Temporary Assignments 93
15.0 Transfer Assignments Priority 93
16.0 School Closures, Reconfigurations, Boundary Changes
And Other Actions which result in Movement of
Groups of Students 95
17.0 Year-Round School Opt Out 97
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XI-A. URBAN CLASSROOM TEACHER PROGRAM (UCTP) 98
1.0 Condition Precedent 98
2.0 Selection of Schools 98
3.0 Eligibility for UCTP 98
4.0 Selection, Assignment and Reassignment of UCTP Staff 98
5.0 Duties and Responsibilities 99
6.0 Differential Payments 100
7.0 Substitute Teachers 100
XI-B. MASTER PLAN PROGRAM 102
1.0 Minimum Requirements for Participation in Bilingual
Master Plan Program 102
2.0 Culture and Methodology Incentive Stipends 102
3.0 Master Plan Salary Differentials 103
3.1 Qualifications for BCLAD/BCC-Level Salary Differential 104
3.2 Qualifications for Alternative Certification Employees 105
3.3 Qualifications for A-Level Salary Differential 105
3.4 Additional Qualifications for Both BCLAD/BCC-Level and
A Level Salary Differentials 105
3.5 Non-Classroom, Itinerant or Non-School Employees 106
3.6 Date of Eligibility for Salary Differentials 107
3.7 Condition Precedent 108
3.9 Committee Review 108
3.10 Availability of Competency Exams 108
4.0 Special Dispute Resolution Process for Secondary
Teachers 108
XI-C. TITLE I PROGRAM 109
1.0 Recognition 109
2.0 Schoolwide Program 109
2.1 School-based Program 109
3.0 School-based Management 109
4.0 Improvement of Student Attendance 109
XII. LEAVES AND ABSENCES 110
1.0 Leave and Absence Defined 110
2.0 General Eligibility Provisions 110
3.0 Rights Upon Return 111
4.0 Restrictions 111
5.0 Application 112
6.0 Notification Requirements 112
7.0 Cancellation of Leave 112
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XII. LEAVES AND ABSENCES (continued)
8.0 Expiration of Leave 112
8.1 Return from Leave - Medical Review Committee 113
9.0 Bereavement (Paid) 113
10.0 Pregnancy and Related Disability (Paid and Unpaid) 114
10.1 Paid Disability Absence 114
10.2 Optional Unpaid Portion 114
10.3 Physician Certifications 114
11.0 Child Care (Unpaid) 114
12.0 Illness (Paid) 115
12.11 Catastrophic Illness Leave Program 116
13.0 Industrial Injury or Illness (Paid) 117
14.0 Personal Necessity Leaves or Absence (Paid) 118
15.0 Sabbatical Leave (Paid) 120
16.0 Exchange Leave 122
17.0 Personal Leave (Unpaid) 123
18.0 Government Ordered Leaves (Commissions, Military,
Witness, and Jury Service) 123
19.0 Conference and Convention Attendance 125
20.0 Substitute Leave 125
21.0 Half-Time Leave 125
21.1 Half-Time Assignment 126
22.0 Reduced Workload Leave 126
23.0 Disability Leave or Absence 128
24.0 Family Care and Medical Leave/Absence 128
24.1 Definitions 129
24.2 Length of Leave 129
24.3 Approval 130
24.4 Notification and Scheduling 130
24.5 Medical Certification - Family 131
24.6 Medical Certification - Employee 131
24.7 Restrictions 131
24.8 Compensation and Benefits 131
24.9 Seniority 132
24.10 Return Rights 132
XII-A. ATTENDANCE INCENTIVE PLAN 133
1.0 General 133
2.0 Eligibility 133
3.0 Computation of Annual Incentive Payment 133
4.0 Annual Cash Payment to Employee 134
5.0 Annual Payment to Attendance Incentive Reserve Fund 134
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XII-A. ATTENDANCE INCENTIVE PLAN (continued)
6.0 Eventual Distribution of Reserve Fund Payments
and Earnings 135
7.0 Deductions from Employee’s Reserve Fund Account 135
7.1 Attendance Incentive Plan Penalty Clause 135
8.0 Fund Administration 135
9.0 Contingency 136
10.0 Reciprocal Coverage 136
XII-B. CHARTER SCHOOLS 139
1.0 Introduction 139
2.0 Charter Application Procedures 139
3.0 Full Disclosure by Charter Schools 140
4.0 Opt Out Rights 142
5.0 Charter School Leave (Unpaid), in General 142
6.0 Compensation and Other Employment
Rights While on Charter School Leave 143
7.0 Continued Health Benefits Plan Participation 144
8.0 Union Relations, Fees and Contractual Obligations 145
9.0 Performance Problems During Charter
School Employment 146
10.0 Re-affiliation of a Conversion Charter School
With the District 146
XIII. GRANTING OF PROBATIONARY CONTRACTS, REDUCTION
IN FORCE AND REASSIGNMENT, AND RESIGNATION/
REINSTATEMENT 147
1.0 Granting of Probationary Contracts 147
2.0 Subjects to Which Probationary Teachers May Be Assigned 147
3.0 Reductions in Force - Order of Termination 148
4.0 Notices of Termination 149
5.0 Seniority Date 149
6.0 Reduction in Force Defined 149
7.0 Re-employment List 150
8.0 Order of Re-employment 150
9.0 Special Services Salary Table - Termination or
Reassignment 150
10.0 Reduction-in force for Counselor, Elementary School 151
11.0 Reduction-in-Force for Secondary Counselors 151
XIV. SALARIES 153
1.0 Salaries 153
1.1 Full-Time Basic Assignments 153
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XIV. SALARIES (continued)
1.2 Retirement Bonus 154
2.0 Allocation of Employees Carried Over from the
Preceding School Year 155
3.0 Minimum Requirements for the Preparation
Salary (T and L) Tables 155
4.0 Allocation to Early Education Center and
Development Center Salary Tables 155
5.0 Allocation to Preparation Salary (T) Table - Rating-in
Of Employees Serving Under Regular Credentials 155
7.0 Allocation to and within the Preparation, Early Education
Center, and Development Center Salary Tables 156
8.0 Allocation to Preparation (L) Salary Table - - Rating in
of Employees Serving Under Alternative Certification 158
9.0 Salary Rates for Employees on Leave to Substitute 159
10.0 Transfer to the Preparation, Early Education Center, or
Development Center Salary Table 159
11.0 Allocation to an Hourly Rate Salary Schedule 160
12.0 Step Placement for Junior Reserve Officer Training
Corps Employees 160
13.0 Rating-in for Approved Training and Experience 161
14.0 Approved Experience 162
15.0 Return to Service - Salary Restoration 165
16.0 Step Advancement 165
17.0 Schedule Placement or Advancement on the Preparation
Salary (T and L) Tables (Schedule 20 through 27) 166
18.0 Schedule Advancement – Early Education Center and
Development Center Salary Tables 167
20.0 Schedule Advancement and Degree Differential 167
21.0 Eligibility for Degree Differential 168
22.0 Courses on Multicultural Understanding Required 169
23.0 Eligibility for Career Increments 169
23.1 Preparation Salary Tables 170
23.2 Special Services Salary Table 170
23.3 Early Education Center Salary Table 171
23.4 Development Center Salary Table 171
24.0 Salary Differentials 171
25.0 Auxiliary Teachers 174
26.0 Demonstration Teachers 174
27.0 Registration Advisers 174
28.0 Replacement Teachers 174
29.0 Training Teacher 175
30.0 Payroll Errors - Limitations Upon Recovery 176
30.1 Salary Overpayments 176
31.0 Payroll Errors - Prompt Corrections 177
32.0 Payday 177
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XIV. SALARIES (continued)
32.1 Annualized Pay 177
33.0 Mileage 177
33.1 Student Interaction Program Camp Counselors 177
34.0 Employer “Pick-up” of Employee Contributions to State
Teachers’ Retirement System (STRS) 178
35.0 Home School Teachers (Contract Employees) 178
35.1 Home School Assignments 179
35.2 Home School Teacher Hours and Benefits 179
35.3 Part-Time Home School Teachers
(Non-contract employees) 180
36.0 Night Continuation High School
(Regular Program)Teachers 180
37.0 National Board Certification (NBC) 180
38.0 Competitive Compensation and Budget Recommendations
Panel 181
XV. SALARY POINT CREDIT 183
1.0 Requirements for Salary Point Credit on the
Preparation Salary Table 183
1.1 Salary Point Credit on the Preparation Salary Table - -
General Policy 183
1.2 Salary Point Credit Guidelines 183
1.3 Examples of Approved Coursework 184
1.4 Relevance of Training - Appeal Panel 185
2.0 Basis for Salary Point Allowance 185
3.0 Unit of Measurement for a Salary Point 185
3.1 Distance Learning 186
4.0 Point Credit for Study Completed Prior to Effective
Date of Assignment 186
5.0 No Credit During Paid Time 186
6.0 No Credit for Study Used to Meet Minimum Requirements 187
7.0 Point Credit for Study in Accredited Institutions
of Higher Learning 187
8.0 Credit for Study in Schools Other than Accredited
Institutions of Higher Learning 187
8.2 Joint District/UTLA Salary Point Credit Committee 187
8.3 Joint District/UTLA Salary Point Credit4
Committee Responsibilities 188
9.0 Provisions for Staff Development Point Projects 188
10.0 Planning and Scheduling Professional Development Point
Project Classes Responsibility 189
11.0 Responsibility for Conducting Professional Development
Point Project Classes 189
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XIV. SALARY POINT CREDIT (continued)
12.0 Selection and Payment of Instructors for Professional
Development Point Project Classes 189
13.0 Responsibility of Instructors for Professional Development
Point Project Classes 189
14.0 Size of Point Project Classes 190
15.0 Fees for Point Projects 190
16.0 (Effective April 26, 2005) Course Requirements for
Professional Development Point Project Classes 190
17.0 (Effective April 26, 2005) Salary Point Credit for Participation in
Professional Development Point Project Classes 190
18.0 Salary Point Credit for Educational Travel Projects 191
19.0 Point Credit for Educational Work Experience Projects 192
XVI. HEALTH AND WELFARE 194
1.0 District Contribution Obligations 194
2.0 Plan Revisions Through the District-wide
Health and Welfare Committee 195
2.1 HBC recommendations/Coordinated Negotiations/Dispute
Resolution Process 196
3.0 Eligibility for Plans 199
4.0 Retirement Benefit Coverage 200
5.0 Enrollment 201
6.0 Continuation of Enrollment 205
7.0 Termination of Enrollment 205
8.0 Conversion of Enrollment 206
9.0 COBRA 206
10.0 Miscellaneous Provisions 207
10.5 Extended Medical Leave 208
10.6 STRS Counseling 208
10.7 Section 12.5 Plan 208
XVII. HOLIDAYS AND VACATION 209
1.0 Holidays 209
2.0 Holiday Pay - Substitute Employee Reassigned as a
Probationary of Permanent Employee 209
3.0 Payment for Holidays 209
3.1 Adult Ed. Holiday Pay 209
6.0 Vacation Allowance for A Basis Employees 210
6.3 Time for Taking Vacation 213
6.4 Amount of Vacation - Rate of Allowance - Effect of
Change in Status 213
6.5 Vacation Payment Upon Termination of Service 213
6.6 Vacation Upon Change in Basis of Assignment 213
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XVII. HOLIDAYS AND VACATION (continued)
6.7 Lump-sum Payment for Accumulated Vacation Upon
Change from Vacation-Earning to Non-vacation
Earning Assignment Basis 213
6.8 Vacation - Substitute Status 214
XVIII. CLASS SIZE 215
1.0 General Provisions 215
1.6 Class Size Arbitration Procedures 216
2.0 Regular Program Class Averages 217
3.0 Student Integration Program Class Averages 217
4.0 Distribution of Students Within Grade Levels,
Departments and Classes 219
5.0 Early Education Centers 219
6.0 Special Education 219
XVIII-A. 2007-2008 THROUGH 2009-2010 FRAMEWORK FOR
ADDRESSING CLASS SIZE REDUCTION ISSUES 220
1.0 General 220
2.0 Contractual Class Size Reduction Efforts 220
3.0 Contractual Class Size “Flexible Caps” 221
4.0 EIA – Class Size Reduction Concept 222
5.0 Joint Class Size Task Force 223
XIX. SUBSTITUTE EMPLOYEES 224
1.0 Salary and Benefit Provisions 224
2.0 Paid Nonworking Days 225
3.0 Incentive Plan 226
3.1 Eligibility 226
3.2 Priority for Selection 226
3.3 Incentive Substitute Assignment Procedures 226
4.0 Day-to-Day Substitutes Extended 227
5.0 Assignment Procedures for Non-Incentive Plan Substitutes 227
5.1 Accepting Assignments 228
5.3 Calling Priority Order 229
5.4 Assignments During Z Basis Periods 230
5.6 Standby Lists 230
6.0 Late Arrivals 231
7.0 Time Reporting 232
8.0 Release from Assignment 232
9.0 Duties 232
10.0 Information 233
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XIX. SUBSTITUTE EMPLOYEES (continued)
11.0 Evaluation and Inadequate Service Reports 233
12.0 Other Calling Lists 233
13.0 Remote Telephone Call Forwarding Service 233
14.0 Reorganization/Redesign of the Substitute Unit 233
XX. SUMMER/WINTER SESSION 234
1.0 General 234
2.0 Eligibility 234
3.0 Selection -- Secondary Schools, First Round 235
4.0 Selection -- Secondary Second and Third Round 236
5.0 Selection -- Elementary Schools, All Rounds 236
6.0 Displacements 236
7.0 Salary 237
8.0 Hours and Duties 237
9.0 Selection - Special Education Schools and Special
Day Classes 237
10.0 Voluntary Intersession - Multitrack Secondary Schools 238
11.0 Special Grievance Provision 238
12.0 Summer Session Adult Education 238
13.0 Elementary School – Intervention/Extended Learning
Program 240
13.1 Mandatory Student Summer Session/Multitrack
Intersession Elementary 241
13.2 Mandatory Student Summer School/Multitrack School
Intersession/Intervention Selection - Elementary 241
14.0 Secondary School Intervention/
Extended Learning Programs 242
XXI. ADULT AND CAREER EDUCATION 243
1.0 General 243
2.0 Employment Contracts 243
3.0 Non-Contract Personnel -- Release During Term
of Assignment 244
4.0 Staffing Procedures for Part-Time and Other Untenured
Full-time Positions 244
5.0 Staffing Procedures for Tenured Positions 247
6.0 Class Size Maximums 248
7.0 Class Size Minimums 248
10.0 Miscellaneous 249
11.0 Allocation to an Hourly Rate Salary Schedule 250
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XXII. MULTITRACK SCHOOLS 251
1.0 General 251
2.0 Work Year 251
3.0 Staffing and Transfers 252
4.0 Displacement - Return Rights 252
5.0 Notice Requirements Relating to Schedule Changes 252
5.1 Assignment of Non-classroom Employees 252
5.2 Employee Accommodation 252
6.0 Regular Teachers Serving as Substitutes 252
7.0 Exchange of Teaching Track Assignments 253
8.0 Exchange Days 253
9.0 Communication 254
10.0 Coordinating Differentials 254
11.0 “Roving” Teacher Defined 254
12.0 Relief from Non-Instructional Duties 254
13.0 Moving and Storage 255
14.0 Classroom Sharing 255
15.0 Pilot Program for Specialized Off-Track Services 255
16.0 Multitrack School Committee 255
17.0 Library Media Teacher Assignments 256
XXIII. EARLY EDUCATION CENTERS 257
1.0 General 257
2.0 Informal Leaves 257
3.0 Mileage 257
4.0 Transfers Involving 8-Hour Assignments 257
5.0 Additional Hours of Work 257
6.0 Seniority List 258
7.0 Vacation Scheduling 258
8.0 Late Hours 258
9.0 Excused Time 258
10.0 Additional Compensation 258
11.0 Chapter Chair Meetings 259
12.0 Substitutes 259
XXIV. STUDENT DISCIPLINE, LEGAL SUPPORT AND
PROPERTY LOSS 260
1.0 Codes of Student Conduct 260
2.0 Student Suspensions 260
3.0 Legal Assistance and Support 262
4.0 Notification to Teachers Regarding Past Misconduct
By Student 262
5.0 Loss, Destruction, Damage, Theft and Vandalism 263
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XVI. STUDENT DISCIPLINE, LEGAL SUPPORT AND
PROPERTY LOSS (continued)
5.1 Liability for Employees Whose Duties Require
Transportation of Students in the Employee’s
Own Vehicle 264
5.6 Student Expulsion 265
XXV. ACADEMIC FREEDOM AND RESPONSIBILITY 266
1.0 Lesson Content 266
1.1 Guest Speakers 266
1.2 Appeal Procedure 266
2.0 Ownership of Materials and Publications 267
3.0 Determination of Grades 268
XXVI. MENTOR TEACHER PROGRAM 269
1.0 General 269
2.0 Budget 269
3.0 Mentor Selection Committees 269
4.0 Mentor Applicants 270
5.0 Term of Mentor Service 270
6.0 Assignments of Mentors 271
7.0 Duties and Responsibilities 272
8.0 Pay 273
9.0 Miscellaneous 273
XXVII. SHARED DECISION MAKING & SCHOOL-BASED
MANAGEMENT 275
1.0 General 275
2.0 Shared Decision Making -- Local School
Leadership Councils 275
2.1 Composition 275
2.2 Itinerant Personnel Advisory Committee 278
2.3 Alternates 278
2.4 Functions and Responsibilities 278
2.5 Decisions 280
2.6 Agenda 280
2.7 Meetings 280
2.8 Election Procedures for Employee Representatives 281
2.9 Election Procedures for Parent/Community Representatives 282
3.0 School-Based Management 284
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XXVIII. SAFETY 287
1.0 General 287
2.0 Environmental Health, Safety and Violence Prevention
Joint Committee 289
3.0 Renovation, Modernization and New Schools 289
4.0 Special Grievance Procedures 290
5.0 Emergency Closure 290
6.0 Employee/District Responsibility 290
XXIX. DRIVER TRAINING 291
XXX. SPECIAL COMMITTEES 292
XXXI. MISCELLANEOUS 293
1.0 Counseling Services 293
2.0 Facilities for Support Services Employees 293
4.0 Special Education Facilities 293
5.0 Special Education Moving Assistance 293
6.0 IEP Meetings 293
6.1 Special Education Trainee/Assistant Interview Process 294
7.0 Special Education Resources Notebook 294
8.0 Continued Assignment of Aides and Teacher Assistants
To a Teacher 294
9.0 Access to School Facilities 294
10.0 House Leaders 294
XXXII. TERM OF AGREEMENT 295
1.0 Term 295
2.0 Negotiations During Life of Agreement 295
3.0 Negotiations for Successor Agreement 297
4.0 Pre-July 1 Changes 297
APP A OPTIMUM CLASS/CASELOAD NORMS AND PROCEDURES TO
OPEN, CLOSE OR RELOCATE SPECIAL EDUCATION SPECIAL
DAY OR RESOURCE SPECIALIST CLASSES 298
SUPPLEMENTAL TO APPENDIX A - Special Education Interns 301
APP B TEACHER INTEGRATION TRANSFER PROGRAM 302
APP C REQUEST FOR ASSIGNMENT FOR UTLA UNIT MEMBERS
REPORTING TO HEALTH AND HUMAN SERVICES 303
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APP D SCHOOL CALENDARS
D-1 2010-2011 304
APP E SALARY TABLES AND RATES 310
1.0 Development Center (V) Salary Table 310
2.0 Early Education Center (C) Salary Table 310
3.0 Preparation (T and L) Salary Table 311
4.0 Special Services (D) Salary Table 315
5.0 Hourly Rate (THR) Schedule 317
6.0 Flat Hourly Rates 317
7.0 Regular (Hourly) Schedule Rates 317
8.0 Differential Salary Rates 318
9.0 Stipends 321
10.0 Day-to-Day Substitutes 322
10.1 Employees Serving in Place of
Preparation Salary Table Employees 322
10.2 Employees Serving in Place of Development Centers/
Early Education Center Salary Table Employees 322
INDEX 333
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19. AGREEMENT
THIS AGREEMENT is made and entered into by and between the
Board of Education of the Los Angeles Unified School District, which together
with its administrative staff and representatives will be referred to in this
Agreement as the "District," and United Teachers Los Angeles, which together
with its officers and representatives will be referred to in this Agreement as
"UTLA." UTLA is affiliated with the California Teachers Association, California
Federation of Teachers, National Education Association and the American
Federation of Teachers/AFL-CIO. This Agreement is entered into under authority
of Government Code Section 3540.1(h).
ARTICLE I
RECOGNITION
1.0 The Unit: Pursuant to applicable California statutes and
regulations, UTLA has been certified as the exclusive representative for the
following employees of the District:
Included: Certificated employees, except those excluded in Section
1.1, who are in the broad classification of Teacher; Instructor; Library Media
Teacher; Counselor; Adviser; Audiologist; Audiometrist; Hygienist; Non-
classroom Assignment, Preparation Table; Non-school Assignment, Preparation
Table; Nurse; Optometrist; Psychologist; Social Worker; Teacher-Adviser;
Teacher-Counselor; Therapist; or Driver Safety Instructor.
1.1 Excluded: All day-to-day substitutes who were paid for
fewer than 100 days during the preceding school year; all part-time adult
education teachers, including ROC/ROP and specially-funded adult education
teachers, who are assigned for fewer than ten hours per week; all other
certificated classifications not referred to in Section 1.0, including those in the
classification or status of Chest Specialist, Counseling Assistant, Psychiatrist,
School Dentist, School Physician and Teacher Assistant; all classified personnel;
all unclassified personnel; all supervisory personnel; and all management and
confidential employees as designated by the Board of Education.
2.0 Changes to the Unit: The parties agree that this represents
the appropriate unit. It may be revised only by mutual agreement or by a Public
Employment Relations Board unit clarification decision, but it is agreed that the
parties may file for a unit clarification proceeding involving this unit only when the
District creates new classifications or substantially changes the responsibilities of
an existing classification. Alleged violations of this Article are not subject to the
grievance and arbitration procedures of Article V.
3.0 "Employee" Defined: Unless the context clearly indicates
otherwise, the terms "employee" or "employees" will normally be used in this
Agreement to indicate persons who are included within the above unit, and the
2008-2011 LAUSD/UTLA CBA 01-03-2011 1

20. Article I - Recognition
term "personnel" will normally be used in a broader sense to include employees
as defined above plus all other persons utilized by the District to provide
services.
2008-2011 LAUSD/UTLA CBA 01-03-2011 2

21. ARTICLE II
EFFECT OF AGREEMENT
1.0 Effect Upon Negotiations: By this Agreement, the parties
resolve all outstanding bargaining issues between them, and jointly recognize full
and complete performance and satisfaction of their bargaining duties except as
expressly provided below. This Agreement completes negotiations between the
District and UTLA for the term hereof and embodies their entire agreement and
understanding. However, there shall be negotiations during the term of this
Agreement as follows:
a. Limited reopener negotiations and negotiations for a
successor agreement pursuant to Article XXXII, Sections 3.0 and 4.0;
b. Negotiations regarding the means of compliance with
decisions or laws which have invalidated a portion of this Agreement as
provided in Section 4.0 of this Article; and
c. Any other subjects which UTLA and the District may
mutually agree to negotiate.
1.1 Revisions to the Agreement: As a result of negotiations
pursuant to Section 1.0 above, the District and UTLA may change or supplement
any provisions of this Agreement by mutual written agreement; accordingly, no
employee shall be deemed to have a vested right to retain any provision of this
Agreement.
2.0 Effect Upon Individual Contracts: Any individual contract
between the District and an employee dealing with services covered by this
Agreement shall be subject to and consistent with the terms and conditions of
this Agreement. If an individual contract contains any terms inconsistent with this
Agreement, then this Agreement shall be deemed controlling. However, as
provided in Article XXXII, Section 5.0, this Agreement does not establish
individual annual contracts.
3.0 Effect Upon District Policies and Rules: The District may
determine and revise any of its policies, rules, regulations, or procedures.
However, in the event of a conflict between the terms of this Agreement and any
District policies, rules, regulations or procedures, the terms of this Agreement
shall prevail.
4.0 Separability and Savings: If any provision of this Agreement
should be held invalid by operation of law or by any tribunal of competent
jurisdiction, the remainder of this Agreement or the application of such provision
as to persons or circumstances other than those as to which it has been held
invalid or as to which compliance with or enforcement of has been restrained,
shall not be affected thereby. In such event, the District and UTLA shall, upon
request of either. party, commence negotiations regarding the means of
compliance with such law or decision.
2008-2011 LAUSD/UTLA CBA 01-03-2011 3

22. ARTICLE III
DISTRICT RIGHTS
1.0 General: The intention of this Article is to provide that the
District retains all rights and powers which have not been limited by the other
Articles of this Agreement. The provisions of this Article are not intended to
expand the rights of the District beyond statutory and constitutional limits, or in
any manner to waive or diminish the rights of UTLA or the employees as
provided in the other Articles of this Agreement. In the event that there is a
conflict between the retained rights of the District under this Article and the rights
of UTLA or employees as set forth elsewhere in this Agreement, the provisions of
the other Articles of this Agreement shall prevail.
2.0 Consultation Rights: Certain of the rights of the District set
forth in this Article are subject to the consultation rights of UTLA under Section
3543.2 of the Government Code. This Article is not intended to limit such
consultation rights.
3.0 Retained Rights: It is agreed that all matters which are
beyond the scope of negotiations under Government Code Section 3543.2, and
also all rights which are not limited by the terms of this Agreement, are retained
by the District. Such retained rights include, but are not limited to, the right to
determine, establish, change or discontinue, in whole or in part, temporarily or
permanently, any of the following matters, subject only to the limitations set forth
in the other Articles of this Agreement:
a. The legal, operational, geographical, and organizational
structure of the District, including the division of authority, organizational
divisions and sub-divisions, and external and internal boundaries of the
District;
b. The sources and amounts of financial support, including
compliance with any requirements imposed by law or by funding sources;
c. All budgetary matters and procedures, and all budgetary
allocations, reserves, and expenditures apart from those expenditures and
budget items that are expressly required by the terms of this Agreement;
d. The number and location of any District-owned or controlled
properties, buildings, facilities, equipment, and other improvements; the
utilization of same, and the functions and services to be performed at each
of same;
e. The classes to be taught and the other duties and services
to be rendered by District personnel to students and to the public, and the
support services to be provided to employees and other District personnel;
and the methods, personnel, and materials to be utilized in such services;
2008-2011 LAUSD/UTLA CBA 01-03-2011 4

23. Article III – District Rights
f. Subject to the consultation rights of UTLA under
Government Code Section 3543.2, determine the educational policies,
objectives, standards, and programs, including but not limited to those
relating to curriculum, textbook selection, educational equipment and
supplies, admissions, attendance, student assignments, grade level
advancement, student guidance, student testing, student integration,
student conduct and discipline (subject to Article XXIV), food services,
student transportation, and the type of extracurricular and co-curricular
activities;
g. Subject to limitations in other Articles of this Agreement, to
select, hire, grant contracts of employment, classify, assign, promote,
demote, discipline, suspend, place on involuntary leave, terminate, and
retire any personnel of the District;
h. Subject to State credentialing requirements, assign
personnel to any location (subject to Article XI - Transfers) and also to any
facilities, classrooms, duties, academic subject matters, grade levels, and
departments;
i. Subject to Article XVIII - Class Size, determine the number
of employees, and whether and where there is a vacant position;
j. Subject to Article IX - Hours, determine the dates, times and
hours of operation of any District facility, function, or activity; and
k. Subject to Article XXVIII - Safety, determine safety and
security measures and rules for students, employees, the public,
properties, facilities, and equipment.
4.0 Effect on Grievance Procedure: The contractual rights of
UTLA and the employees are set forth in the other Articles of this Agreement,
and this Article is not a source of such rights. Accordingly, no grievances may be
filed under this Article, except under Section 2.0 hereof.
2008-2011 LAUSD/UTLA CBA 01-03-2011 5

24. ARTICLE IV
UTLA RIGHTS
1.0 Access: Any authorized UTLA representative shall have the
right of reasonable access to District facilities, including teacher mailboxes, for
the purpose of contacting employees and transacting UTLA matters. Upon
arriving at a work site, the representative shall first report to the office of the site
administrator and state the intended purpose and length of visit. The
representative may contact employees during duty free lunch periods, before and
after employees' hours of service or when the employee is not engaged in duties.
The representatives shall not interrupt any employee's duties or assignments.
2.0 Bulletin Boards: UTLA shall have the right to post notices
UTLA official matters on a bulletin board or a section of a bulletin board
established for UTLA's exclusive use at each work site where employees are
assigned.
3.0 Distribution of Material: Pursuant to United States Postal
laws, the school mail is not available for distribution of UTLA material. Material
or literature distributed or posted by UTLA to employees shall be dated and shall
not be defamatory, obscene, or violative of law.
4.0 Released Time for Negotiations: Up to seven negotiating
team employee representatives designated by UTLA shall be released from duty
with no loss of pay or benefits for the purpose of attending negotiation meetings
with the District pursuant to Article II, Section 1.0. UTLA and the District may
agree that additional employees shall receive such released time.
5.0 Organizational Leave: A maximum of seven elected officers
of UTLA shall, upon request of both UTLA and the employee, be placed on leave
of absence for a period of one semester or more.
6.0 Released Time at UTLA Expense: UTLA may request the
release of designated employees from their regular duties with no loss of pay for
the purpose of attending to UTLA matters, with the expense of the substitute or
replacement to be borne by UTLA. Such released time shall be limited to 25
days per year for any individual employee. If the site administrator objects to the
release of any particular employee based upon instructional needs, the matter
shall be referred to the Office of Staff Relations and UTLA for resolution. When
staff are assigned in place of teachers absent on UTLA business, UTLA will
reimburse the District at the base rate for substitutes (see Article XIX) or at the
average teachers' rate for replacement teachers; such time will be taken in
increments of not less than one-half day.
7.0 Exclusivity: UTLA and its authorized representatives shall
be the exclusive representative of the employees in contract enforcement
matters.
2008-2011 LAUSD/UTLA CBA 01-03-2011 6

25. Article IV – UTLA Rights
8.0 UTLA Chapter Chairpersons: At each work location to which
employees are assigned, UTLA shall have the right to designate, pursuant to its
own procedures, one employee to serve as the UTLA Chapter Chair (see also
Section 8.3). In year-round schools UTLA may also designate one employee to
serve as Chapter Chair during the periods of time when the Chapter Chair is off-
track. To facilitate communication, they shall meet together with the site
administrator whenever reasonably possible. At the school sites the UTLA
Chapter Chair is the exclusive local representative of the faculty in matters
relating to enforcement and administration of the Agreement between UTLA and
the District. The Chapter Chair shall also be the official on-site representative of
UTLA in contract enforcement matters and as such shall have the following
rights:
a. Upon request of an employee, have the right to represent
the employee in grievance meetings as expressly provided in Article V,
Section 2.0, and in meetings relating to discipline as expressly provided in
Article X, Section 11.0 e.
b. When an employee reports an injury or assault and files the
required written report, the site administrator shall notify the Chapter Chair
of the reported injury unless the employee requests that the matter not be
so disclosed.
c. Be permitted reasonable use of the school telephone for
local calls involving representation matters, so long as such use does not
interfere with normal office business at the location;
d. Have the exclusive right to coordinate UTLA meetings, which
may be held in school buildings at times before or after the school day or
during employees' duty free lunch period, subject to availability of facilities
and provided that there is no interference with other scheduled duties or
events. Administration shall not schedule required meetings of employees
after school on Wednesday in order to avoid conflict with UTLA meetings,
except in compelling circumstances or when a majority of the affected
employees consent.
e. Have the exclusive right to initial and date any official notices
to be posted on the UTLA site bulletin board;
f. Have the right, subject to reasonable advance administrative
approval, to make appropriate brief announcements, via the school
bulletin and/or public address system, of UTLA-related meetings, special
events, in-service/staff development, and the like. Such use of the public
address system shall be limited to the time before or after student hours.
The above rights do not encompass advocacy material of any nature, or
statements covering inappropriate topics (e.g., personnel matters,
grievances, collective bargaining, or personalities).
2008-2011 LAUSD/UTLA CBA 01-03-2011 7

26. Article IV – UTLA Rights
g. Have the right to inspect non-exempt public records
maintained at the work site which relate to administration of this
Agreement, and shall have the right to receive, upon request and within a
reasonable time not to exceed 5 working days, a copy of up to 50 pages of
such documents at no cost each school year. If the documents do not
relate to contract administration, the cost of copies shall be borne by the
Chapter Chair.
h. Have the right, upon prior request and at reasonable
intervals on non-classroom teaching time, to meet with the site
administrator to discuss contract enforcement matters, safety matters, or
any other matters related to the operation of the school;
i. Have the right to propose agenda items for faculty meetings.
The Chapter Chair shall also have the right to make appropriate brief
announcements within the first 45 minutes of such meetings or at least 15
minutes prior to the end of the meeting if such meeting is less than an
hour in length.
j. While there are not to be any negotiations at the site level
(such activity being limited to the designated representatives of the Board
of Education and UTLA), when faculty views are sought by the site
administrator with respect to subject matters which fall within the scope of
negotiations under the Educational Employment Relations Act, the UTLA
Chapter Chair is to be treated as the sole representative of the faculty;
k. Prior to finalizing changes in bell schedules, the site
administrator shall consult with the Chapter Chair; and
l. Have the rights set forth in Article XXVII - Shared Decision
Making and School-Based Management.
8.1 Released Time for Chapter Chairs:
a. Released time from non-instructional duties shall be
provided to a Chapter Chair if the following conditions are met: a secret
ballot election of the faculty shall be conducted by the principal and a
teacher designated by the Chapter Chair, with the issue to be determined
being whether a specific released time plan proposed by the Chapter
Chair should be approved. The proposed plan is to provide for the
Chapter Chair to be released from specified non-instructional duties and
for the remainder of the staff to assume those duties. Non-instructional
duties as referred to above are those non-classroom duties which are
normally shared and distributed among the staff, and for this purpose may
also include homeroom teacher duties. In addition, chapter chairpersons
at elementary schools shall be released from instructional duties when
2008-2011 LAUSD/UTLA CBA 01-03-2011 8

27. Article IV – UTLA Rights
certificated itinerant music, art, P.E. teachers, etc., take the chapter
chairperson’s class for instruction, as applicable and when in the normal
rotation of services.
b. A proposed plan may also permit release of the Chapter
Chair from instructional duties subject to the following additional
conditions:
(1) Such release is limited at the secondary level to one
instructional period daily, and at the elementary level
to an established shared instructional period (Physical
Education or Music); and
(2) The proposal is separately approved by the specific
teachers, whose workload will be directly affected by
the operation of the plan, voting in a separate
election.
c. Regarding paragraphs a and b, a majority of those voting
shall determine the outcome. The election results shall be binding for the
school year unless a majority requests a new election, or unless a new
Chapter Chair is designated. The Chapter Chair may be assigned duties
during this released time, in emergency situations.
d. Site-based eight hour Chapter Chairpersons may, with prior
approval of the site administrator and when their duties reasonably permit,
alter their work schedule by reporting to work not to exceed 30 minutes
early, and leaving work not to exceed a corresponding 30 minutes early,
for the purpose of attending UTLA Area and House meetings.
8.2 With regard to local site decisions which are reflected in
documents forwarded to regional or central offices (e.g., Chapter 1 budgets,
changes in daily school schedules, and changes in school calendar such as
year-round school plans) the following procedures shall apply:
a. Written disclosure to the faculty of the proposed plan or
change, with at least five (5) days of review time provided, except in
emergencies;
b. The Chapter Chair shall have the right to consult with the
administrator regarding the content of the document;
c. If the document provides for a faculty signature, the Chapter
Chair or designee of the Chapter Chair shall determine whether the
document will be signed;
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28. Article IV – UTLA Rights
d. The Chapter Chair shall have the right to submit a written
position, dissent, or comments to the administrator. The administrator
shall attach this statement to all copies of the official document being
forwarded to the appropriate office.
Exempt from the above procedures are personal matters, confidential matters,
and other matters, which do not generally involve changes in the basic working
conditions of the entire faculty.
8.3 The District shall recognize one Chapter Chair District-wide
for each major employment category which is non-school based (one each for
School Psychologists, PSA Counselors, Nurses, Itinerant Special Education
personnel, Non-Public School personnel and one for all other miscellaneous
classifications combined). Substitutes shall have three Chapter Chairs, one for
each of the three (3) calling areas. Activities of these new Chairs will be limited
to non-site matters. Site-based issues will continue to fall under the purview of
the school site Chapter Chair. Any released time for these non-school based
Chapter Chairs will be in accordance with Article IV, Section 8.1d.
9.0 Committee Appointments: If the District decides that unit
members are to be invited to serve on any District-wide committee, it shall notify
UTLA and specify the background and experience required. UTLA shall then
have the right to designate one-half of such employee representatives, and to
replace those appointees.
a. Except as otherwise provided in this agreement, if the District
decides that unit members are to be invited to serve on any committees
(described below) that are District-wide or Local District-wide in scope and
subject matter, it shall notify UTLA and specify the background and
experience required for the committee.
b. UTLA shall then have the right to designate one-half of such
unit members, and to replace those appointees, and the District shall have
the right to designate (and replace) one-half of such unit members. Unit
members who are appointed to a committee by the District, rather than
UTLA, are not to be considered authorized representatives for UTLA.
c. These committee appointment provisions apply only to: (i) unit
member service on an advisory group (whether labeled committee, task
force, focus group or other); and (ii) to committee service outside of the
employee’s regular job duties. However, if the committee includes a
combination of unit members invited to serve outside their regular
assigned jobs, and unit members assigned to the committee as part of
their regular assigned jobs, the latter shall be counted toward the District’s
appointing authority under section b above.
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29. Article IV – UTLA Rights
d. These committee appointment provisions do not apply to
operational working groups whose activities are part of each of the group
members’ regular assigned jobs.
10.0 Meetings: Participants in any administrative Region-wide or
District-wide meetings of employee representatives other than UTLA designates,
called or sponsored by the District, shall not discuss interpretations of the
Agreement, proposed changes to the Agreement, or alleged violations of the
Agreement.
11.0 Recruiting Table: The District shall provide UTLA space for
a recruiting table adjacent to the central Personnel Office at a location which is
readily accessible to employment applicants and new hires, subject to Fire
Marshal directives.
12.0 Consultation Rights: The District shall, upon request of the
President of UTLA, or designee, meet and consult with UTLA regarding the
subject matters specified in Government Code Section 3543.2. Also, with regard
to the development by the District (Central or Local District) of new or revised
student assessment systems, or changes in instruments or frequency of
assessment, the District shall during the design and deliberation stages give
UTLA written notice of its intentions and plans, and include UTLA as one of the
principal participating stakeholders in such process. In addition, UTLA may itself
initiate consultations with the District regarding such matters.
2008-2011 LAUSD/UTLA CBA 01-03-2011 11

30. ARTICLE IV-A
DUES DEDUCTIONS
1.0 Voluntary Authorizations: The District shall deduct UTLA
dues from the salary of each employee who has submitted a written
authorization. Such an authorization shall continue in effect unless revoked in
writing by the employee. Such revocation shall be effective at the next pay
period, provided notice is given twenty (20) calendar days prior to the next
payday. The District shall deduct one-twelfth (1/12) of such annual dues from
each regular salary warrant which contains sufficient funds to cover the
deductions.
1.1 If the District's withholdings from an employee's salary in any
payroll period are insufficient to meet the amount authorized by the employee for
the UTLA dues or UTLA-sponsored insurance, the District shall make an
appropriate adjustment on a subsequent pay warrant. UTLA agrees to hold the
District harmless against any claims or liabilities arising out of any such
adjustments.
2.0 Remitted to UTLA: A deposit approximating the amount of
dues so deducted shall be remitted to UTLA on payday, and the reconciled
amount will be supplied to UTLA within 30 days after the deductions are made,
together with a list of affected employees.
3.0 Exclusive to UTLA: Payroll deductions for membership dues
from employees shall be exclusive on behalf of UTLA, and no dues deductions
are to be made on behalf of any other employee organization as defined in
Government Code 3540.1(d).
4.0 Agency Fee/Dues Obligation: "Commencing within thirty
(30) days of employees initial employment, throughout the term of this
Agreement, each employee (as defined in Article I of this Agreement) is required
as a condition of continued employment either: (a) to be a member in good
standing of UTLA, or (b) to satisfy the agency fee financial obligations set forth in
Section 4.1 below, unless qualified for religious exemption as set forth in Section
4.2 below. Newly hired bargaining members shall have deductions for dues or
agency fee made on the first warrant received from the District. If this warrant
covers several pay periods a deduction shall be made for each pay period.
4.1 Unless the employee has (a) voluntarily submitted to the
District an effective dues deduction request, or (b) individually made direct
financial arrangements satisfactory to UTLA as evidenced by notice of same by
UTLA to the District, or (c) qualified for exemption based upon religious grounds
as provided in Section 4.2 below, the District shall process a mandatory agency
fee payroll deduction in the appropriate amount, and forward that amount to
UTLA. The amount of agency fee to be charged shall be determined by UTLA,
subject to applicable law; it shall therefore be an amount not to exceed the
normal periodic membership dues, initiation fee and general assessments
2008-2011 LAUSD/UTLA CBA 01-03-2011 12

31. Article IV-A – Dues Deductions
applicable to UTLA members. As to non-members who object to UTLA spending
their agency fees on matters unrelated to collective bargaining and contract
administration, the amount of agency fee charged shall not reflect expenditures
which the courts or PERB have determined to be non-chargeable, including
political contributions to candidates and parties, members-only benefits,
charitable contributions and ideological expenditures and, to the extent provided
by law, shall not reflect expenditures for certain aspects of lobbying, ballot
measures, publications, organizing and litigation. UTLA shall comply with
applicable law regarding disclosure and allocation of its expenses, notice to
employees of their right to object, provision for agency fee payers to challenge
UTLA's determinations of amounts chargeable to the objecting non-members,
and appropriate escrow provisions to hold contested amounts while the
challenges are underway. The foregoing description of permissible agency fee
charges and related procedures is included herein for informational purposes as
a statement of applicable law, and is not intended to change applicable law or to
provide any contractual terms or enforcement procedures under this Agreement.
The District will promptly remit to UTLA all monies deducted, accompanied by a
list of employees for whom such deductions have been made.
4.2 Religious Exemption from Agency Fee Obligations:
a. Any employee who is a member of a religious body whose
traditional tenets or teachings include objections to joining or financially
supporting employee organizations shall not be required to meet the
above agency fee obligations, but shall pay in lieu thereof (by means of
mandatory payroll deduction) an amount equal to the agency fee, to a
nonreligious, nonlabor charitable organization exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code, as designated by the
employee. Board of Education approved examples of such organizations
are: United Way, United Negro College Fund, and Brotherhood Crusade.
b. To qualify for the religious exemption, the employee must
provide the District, with a copy to UTLA, a written statement of objection,
along with verifiable evidence of membership in a religious body as
described in a. above.
c. Any employee utilizing this religious exemption status, who
requests UTLA to utilize the grievance/arbitration provisions on the
employee's behalf, shall be subject to charges by UTLA for the reasonable
cost of using such procedures.
4.3 Implementation dates: Any of the above-described payment
obligations applicable to employees shall be processed by the District with the
payroll immediately following the effective date of the payment requirement,
provided that the information is on file with the Payroll Branch by the deadline for
filing time reports.
2008-2011 LAUSD/UTLA CBA 01-03-2011 13

32. Article IV-A – Dues Deductions
4.5 Indemnity/Hold-Harmless: UTLA agrees to indemnify and
hold the District harmless against any and all liabilities, (including reasonable and
necessary costs of litigation), arising from any and all claims, demands, suits, or
other actions relating to the District's compliance or attempted compliance with
either this Article or the requests of UTLA pursuant to this Article, or relating to
the conduct of UTLA in administering this Article. UTLA shall have the right to
determine and decide all matters relating to settlement and conduct of litigation
with respect to this Article. In no case shall District funds be involved in any
remedy relating in this Article. Any underpayments to UTLA resulting from the
District's failure to make a required deduction shall be remedied by additional
deductions from the affected employee(s). Any overpayments to UTLA resulting
from excessive deductions shall be remedied either by refund from UTLA to the
affected employee(s) or by a credit against future payments by the affected
employee(s).
4.6 The District will furnish any information needed by UTLA to
fulfill the provisions of this Article.
2008-2011 LAUSD/UTLA CBA 01-03-2011 14

33. ARTICLE V
GRIEVANCE PROCEDURE
1.0 Grievance and Parties Defined: A grievance is defined as a
claim that the District has violated an express term of this Agreement and that by
reason of such violation the grievant's rights under this Agreement have been
adversely affected. Grievances as defined may be filed by the affected
employee or by UTLA on its own behalf or on behalf of an individual employee or
group of employees where the claims are similar. On filing a grievance on behalf
of a group, UTLA need not specify the names of the employees, but must
describe the group so that the District has notice of the nature and scope of the
claim.
1.1 All matters and disputes, which do not fall within the above
definition of a grievance, are excluded from this procedure, including but not
limited to those matters for which other methods of adjustment are provided,
such as reductions in force and dismissals. Also excluded from this grievance
procedure are those matters so indicated elsewhere in this Agreement. Claimed
violations of Article VII (Non-Discrimination), are to be handled under appropriate
statutory and/or judicial procedures rather than under this grievance procedure;
however, claims of discrimination based upon UTLA affiliation are subject to this
grievance procedure.
1.2 If the same or essentially the same grievance is filed by
more than one employee, then one grievant may process the grievance under
this Article on behalf of the other involved grievants. The final determination shall
apply to all such grievants.
1.3 The respondent in any grievance shall be the District itself
rather than any individual administrator.
1.4 Unless the parties mutually agree to the contrary, the filing or
pendency of a grievance shall not delay or interfere with any District action while
the grievance is being processed. By the same token, if it is later determined
that the grievance is meritorious, nothing in the foregoing sentence shall preclude
remedial relief covering the period during which the grievance was being
processed, including the applicable portion of the 15-day period preceding the
filing of the grievance. See also Article XIV, Section 30.0.
1.5 Processing and discussing the merits of a grievance shall
not be considered a waiver by the District of a defense that the matter is not
arbitrable or should be denied for other reasons which do not go to the merits.
2.0 Representation Rights: At all grievance meetings under this
Article, the grievant may be accompanied and/or represented by a UTLA
representative. If not, the grievant may represent himself or herself, or be
represented by any other person, so long as that person is not a representative
of another employee organization. The administrator shall have the right to be
2008-2011 LAUSD/UTLA CBA 01-03-2011 15

34. Article V – Grievance Procedure
accompanied by another administrator or District representative. By mutual
agreement other persons such as witnesses may also attend grievance
meetings.
2.1 When a grievant is not represented by UTLA, the District
shall promptly furnish to UTLA (in care of the Director of Grievance Processing) a
copy of the grievance. If the grievance is withdrawn without a settlement, the
District shall so notify UTLA. The District shall not agree to a final resolution of
the grievance until UTLA has been notified of the proposed resolution, and been
given an opportunity to state in writing its views on the matter.
3.0 Released Time For Employees and UTLA Representatives:
Grievance meetings and hearings will be scheduled by the District at mutually
convenient times and places during District business hours. Such meetings will
be scheduled so as to minimize interference with regular employee duties. Step
One meetings will not be scheduled on released time except when it is
convenient to do so during the preparation period of the involved employee(s). If
a grievance meeting at Step Two or Arbitration is scheduled during duty hours,
reasonable employee released time, including necessary travel time, without loss
of salary and with mileage reimbursement, will be provided to the grievant, to a
UTLA representative if one is to be present, and to any witness who attends by
mutual agreement. For arbitration hearings the grievant, arbitration panel
representatives and witnesses as required shall be afforded released time and
mileage.
4.0 Confidentiality: In order to encourage a professional and
harmonious disposition of grievances, it is agreed that from the time a grievance
is filed until a final determination has been reached, all proceedings shall be
considered private and any preliminary disposition shall not be made public
without the agreement of all parties. The District and UTLA may report on
grievances by citing no more than the Section and Article alleged to have been
violated and the stage at which the grievance is at the time of the report. At no
time in any report or public record may either party or the grievant cite any
names or schools. This prohibition is not intended to restrict normal interviewing
of witnesses and other necessary preparation for hearing.
5.0 Effect of Time Limits: If a grievance is not processed by the
grievant at any step in accordance with the time limits of this Article, it shall be
deemed withdrawn. The District shall respond, in writing, in a timely manner as
provided in this Article. If the District fails to respond to the grievance in a timely
manner at any step, the grievant has the option to proceed directly to the final
step of this procedure (See Section 11.0). All time limits and grievance steps
may be shortened, extended or waived, but only by mutual written agreement.
6.0 "Day" Defined: A "day" for purposes of this Article is defined
as any day of the calendar year except Saturdays, Sundays, and legal or school
holidays.
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35. Article V – Grievance Procedure
7.0 Informal Conference/Intervention Process: Before filing a
formal grievance, either one of the following alternative processes is available:
a. Informal Conference: Before filing a formal grievance, the
employee is encouraged to make a reasonable attempt to resolve the
dispute by means of an informal conference with the immediate
administrator. However, the grievance must be filed within the time limits
required under Step One, whether or not the employee has utilized these
informal efforts.
b. Intervention Process: In select situations where either the
District or UTLA believes that an informal pre-grievance conference(s)
would be productive, either party may make such a request. This request
must be submitted in writing within 15 days (as defined in Section 6.0)
after the Grievant or UTLA knew or reasonably should have known of the
occurrence of the facts upon which the dispute is based. The conference
will then proceed if there is mutual agreement to do so. Attendance at the
conference(s) shall be limited to the grievant, UTLA representative, the
immediate administrator of the grievant, and a District representative,
except where other persons are allowed to participate by mutual consent
of the parties. The conference(s) shall be terminated (1) by successful
resolution of the dispute, or (2) by written notification of the 15-day time
limit for filing a formal grievance under Step One.
c. Dispute Resolution Panel: When certain disputes arise
under Article IX-A relative to assignments to class, track and/or
coordinator positions, the affected teacher may invoke the Dispute
Resolution Procedures found in Article V-A.
8.0 Step One: A formal grievance must be filed within fifteen
(15) days (as defined in Section 6.0) after the grievant or UTLA knew or
reasonably should have known of the occurrence of the facts upon which the
grievance is based. For example, the time limit for filing a grievance relating to a
transfer begins to run when the employee receives written notice of the transfer
order. It should be noted that there are shorter time limits required for filing
grievances alleging violations of certain provisions of this Agreement, such as
disciplinary suspensions under Article X and summer school assignments under
Article XX. For claims of a payroll or other salary error, the 15 day time limit runs
from discovery of the alleged error, but any recovery payment cannot relate back
more than three years prior to the grievance filing.
8.1 The grievance must be presented in writing to the immediate
administrator by completing the UTLA-District Grievance form. If a grievance
does not relate to the immediate administrator and the remedy requested is not
within the authority of the immediate administrator, the grievant may initiate the
grievance with the administrator who has such responsibility and authority.
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36. Article V – Grievance Procedure
8.2 A meeting between the grievant and the immediate
administrator shall take place within five (5) days from presentation of the
grievance. The administrator shall reply in writing within five (5) days following
the meeting. The receipt of such reply will terminate Step One.
9.0 Step Two: If the grievance is not resolved at Step One, the
grievant may, within five (5) days after the termination of Step One, present the
grievance to the appropriate Superintendent, Division Head or designee. Within
five (5) days from receipt of the grievance, a meeting shall take place to discuss
the matter. The administrator shall reply in writing within five (5) days following
the meeting. The receipt of such reply will terminate Step Two. (Note: There
are separate expedited time limits for handling grievances under Article XXVIII,
Safety, Section 3.0)
10.0 [Reserved]
11.0 Request for Arbitration: If the grievance is not settled in Step
Two, UTLA, with the concurrence of the grievant, may submit the matter to
arbitration by a written notice to the District's Office of Staff Relations within five
(5) days after termination of Step Two.
12.0 Selection of Arbitrator: Within seven days of receipt of the
request for arbitration, UTLA and the Office of Staff Relations shall meet to select
an arbitrator to serve as Chairperson of the arbitration panel. The arbitrator shall
be jointly selected by UTLA and the District, or shall be selected from the
following list by alternatively striking names until one remains. UTLA and the
District may by mutual written agreement revise the list.
1. Richard Anthony 7. Wayne Estes 13. Michael Prihar
2. Irene Ayala 8. Joseph Gentile 14. Terri Tucker
3. Bonnie Bogue 9. Isabel Gunning 15. Barry Winnograd
4. Thomas Christopher 10. George Henderson 16. Louis Zigman
5. Doug Collins 11. George Marshall
6. Walter Dougherty 12. Kenneth Perea
If the arbitrator selected cannot be available for hearing within sixty days, the
parties shall contact the next remaining arbitrator in reverse order of striking, until
one is selected who is able to serve within sixty days. Once selected, the
arbitrator shall serve as the Chairperson of a three-member arbitration panel,
with the other two members to be appointed directly by the District and UTLA
respectively. All decisions and rulings will be made by majority decision of the
panel.
13.0 Optional Preliminary Hearing on Issues Which Do Not
Involve Merits of Grievance: If the District claims that the grievance should be
2008-2011 LAUSD/UTLA CBA 01-03-2011 18