Thursday, September 11, 2008

Frequently Asked Questions

1. 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 Riverside City Teachers Association and Riverside 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 RUSD 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 RCTA and RUSD. These representatives are appointed by the President of the RCTA, 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 RUSD. 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 RCTA. They are there to make suggestions to the President and Site Representatives at our Executive Board and Representative Council Meetings.

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 at www.MyRCTA.org. If your Site Representative cannot help you or they do not have the answer to your question, then you can contact your Director under RCTA Leadership. Only once you have exhausted your peer resources should you call us at the RCTA 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 Riverside 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 RCTA 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 the RCTA President or other RCTA officer who will advise you of what to do. You may contact them by email or at their schools.

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 Riverside 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, Director, 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 RCTA office.


8.
How do I know if I am a member of the RCTA?
E-mail our office at
caroline@myrcta.org , or call the RCTA office at 951-684-6744 and we will tell you.

9.
Can I transfer sick leave from one district to another?
Yes, you may transfer sick leave (Ed Code 44979.8772).

10.
Do my sick days carry over each year?
Yes, the number of days not used shall accumulate from year to year (Article 16 Section 3).

11.
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 8 days of sick leave towards personal necessity leave (Article 16 Section 12).

12.
Can I view my personnel file?
Yes, make an appointment with the Human Resources Office at anytime during the year. You may call them at 951-788-7135 ext. 80101. You should also know there is only one file that may be kept on you, which is held at the district office. Your principal may keep a working file on you throughout 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.

13.
How and when can I reclassify on the salary schedule?
Employees planning to meet the requirements for a higher classification on the salary schedule effective with their September payroll should submit the form, "Request for Reclassification," to the Human Resources Office not later than June 30. Transcripts, or verification of courses in progress, must be submitted to the Human Resources Office by August 30.
A second opportunity for higher classification is available to Employees planning to meet the requirements for a higher classification on the salary schedule effective with their February payroll should submit the form, "Request for Reclassification," to the Human Resources Office not later than November 30. Transcripts, or verification of courses in progress, must be submitted to the Human Resources Office by January 30.
Employees may only advance one salary column per school year.
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.

14.
When and how do I file a formal complaint?
If you feel you have been acted upon inappropriately by anyone in the district, by an employee, student, or a parent, you may file a complaint with the District.

If you feel your employment rights have been violated or feel you have been discriminated against by the RUSD, 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 the RCTA office 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. Notify RCTA immediately.

17. 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)

18.
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.

19. 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.

20.
What are the guidelines for parent observations and do I have to allow parent volunteers into my classroom?
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.

21.
What are my rights as a probationary teacher?
You can read the following document provided by the CTA on
"Rights of Probationary Teachers."

22.
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.

23.
Am I protected if I file a complaint against the district for noncompliance with or violating state or federal statutes, rules or regulations?
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.

24. 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 RCTA office, and, if necessary, we might refer you to a workers compensation attorney.

25.
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. Permanent employees remaining in the same general assignment and receiving a meets or exceeds standards of performance evaluation one year shall not normally be evaluated in the succeeding year. Such an employee may be scheduled for evaluation based upon justifiable reason(s) communicated to the employee in writing.
By mutual agreement between the employee and the evaluator, the employee may be evaluated once every five years (5) if the employee meets all of the following criteria:
1. The employee must have obtained permanent status as a certificated employee in Riverside Unified School District;
2. The employee must have been employed as a certificated employee in the Riverside Unified School District for at least ten (10) years;
3. The employees most recent evaluation has been rated meets or exceeds standards of performance;
4. If the employee teaches in a core academic subject area as defined by the No Child Left Behind (NCLB) Act, the employee must be identified as a Highly Qualified Teacher (HQT) in the subjects taught.
The evaluator or the employee may withdraw consent of this agreement prior to the date designated for the identification of the primary evaluator of the employee. Withdrawal of consent in accordance with this Article is not subject to the grievance process.

26.
Can the school Literacy Coach observe or evaluate my teaching?
Observations and evaluations are the job of the site administrator, not RCTA members. RCTA 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.

27.
My class size seems too big, how do I know if the District is violating our class size ratio?
The RCTA'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. Read Article 12 for Class Size limits for Elementary, Middle, and High schools.
Should you feel there is a class size violation, please contact the RCTA Office immediately.