ARTICLE 12
HOLIDAYS

12.01 Holidays Listed
A. The following days shall be considered as legal holidays:

B. In the event that one of the legal holidays falls on a Saturday or Sunday the District will have the option of observing the holidays on Friday or Monday.

C. In addition to the above, the Operator's birthday will be recognized as a holiday. For an Operator's birthday falling on February 29, the twenty-eighth day of February will be observed as the Operator's birthday in years other than leap years.

12.02 Holiday Pay
A. Holiday pay shall be equal to eight (8) hours pay at the base wage rate. Each Operator shall be paid eight (8) hours at her base wage rate for the legal holidays listed in Article 12.01. The eight (8) hour pay shall not be paid if the Operator was scheduled to work and did not work.

B. An Operator who performs actual work on the holidays listed in Article 12.01A, shall be paid at one and one half (1 1/2) times her regular wage rate. The Operator is guaranteed a minimum equal to twelve (12) hours at her regular wage rate. However, in the event the District requires an Operator to perform service on Thanksgiving, Christmas or New Year's Day the Operator shall receive twelve (12) hours holiday pay in addition to one and one half times (1 1/2) her regular wage rate for all time worked.

C. Any Operator working on the legal holidays in Article 12.01A, who is relieved before completion of the day at her own request, or who is absent from duty and unavailable for service for part of the day, shall receive pay for only the portion of the day worked, at one and one half (1 1/2) times her regular wage rate for the service performed in addition to her holiday pay.

D. An Operator on Sick/Medical Leave status or absent on unpaid status (including industrial injury leave) on her regularly scheduled work day before, day of, or day after a holiday shall not qualify for holiday pay. An exception to qualifying for holiday pay shall be payment for time lost for a traumatic injury as defined in Article 34.02 (B). An Operator who commences working her shift, and subsequently requests and is granted unpaid time off for any part of her shift (known as waives eight), will qualify for holiday pay, so long as she would otherwise qualify.

12.03 Birthday Holiday
Birthday holidays shall be considered scheduled days off for all purposes, except that an Operator requesting to work her assignment for that day shall be paid her regular wage rate for working that day. An Operator requesting to work her assignment may elect to have eight (8) hours added to her Annual Leave balance or be paid her eight (8) hour holiday pay. An Operator must make the request in writing by 11:00 A.M. on the day prior to the day requested.

12.04 Holiday Conversions
A. If a holiday specified in this Agreement falls within an Operator's Annual Leave period, or falls on any other of the Operator's non-work days, the Operator shall be compensated for the holiday by one of the following methods:

  1. Eight (8) hours at her base wage rate (holiday pay)
  2. Eight hours added to her Annual Leave accruals

B. An Operator may choose to convert any holiday specified in this Agreement to eight hours Annual Leave.

C. An Operator must make the request to convert a holiday to Annual Leave in writing by 10:00 am the day prior to the holiday.

12.05 Service Reduction on Holidays
In the event that the District reduces service levels on holidays, the Union and the District shall collectively bargain in good faith on appropriate procedures for holiday sign-up and work. The number of Operators granted time off on a holiday listed in this Article shall be equal to the difference between the total number of assignments for that weekday during that bid and a number no less than the number of Sunday assignments during that bid.

12.06 No Pyramiding
This rule is not to be construed as requiring overtime pay on overtime pay.

12.07 Holiday Bidding
Bidding for time off and work assignments on holidays shall be governed by the procedures in Article 30.04B.

ARTICLE 13
ANNUAL LEAVE

13.01 Accruals
A. Classifications within the representation unit shall accrue Annual Leave in accordance with the following rate based on District seniority (except as otherwise stated in this Labor Agreement): 

District Seniority      Accrual Rate


		 










District Seniority 



Hourly


Accrual Rate



approximate


days per year






Through 4 years



0.0480




12.5







5 through 9



0.0788




20.5







10 through 13



0.0980




25.5







14 through 16



0.1096




28.5







17 and over



0.1173




30.5







B. An Operator may not carry over more than two times her Annual Leave accrual
 amount at the end of the fiscal/payroll year. Any Annual Leave accrued in excess
shall be paid in cash.

C. Unused Annual Leave accumulated beyond eighty (80) hours may be paid
in cash at the Operator's base wage rate up to 200 hours annually upon written
request at least fourteen (14) days in advance of the payroll date provided the
Operator has taken at least five (5) annual leave days during the previous twelve
(12) months. Payment shall be made in the first pay period of March, June,
September, and December of each year.

D. An Operator separating from employment with the District shall be paid
for unused Annual Leave at her base wage rate.

E. Annual Leave compensation:

  1. A full-time Operator will be compensated eight (8) hours per day, at her
base wage rate, for each day taken on Annual Leave.

  2. A part-time Operator will be compensated for the time she would have
worked that day, at her base wage rate, but compensation will not exceed eight
(8) hours per day for each day taken on Annual Leave.



13.02 Scheduling of Annual Leave

Annual Leave shall be taken at times approved by the District for vacation or
other personal reasons. The District shall establish a schedule which permits each
Operator to take a minimum of all earned Annual Leave for the calendar year. The
right of preference for dates on the Annual Leave schedule shall be governed by
classification seniority, except as provided in Article 7.04E.

A. The Annual Leave Bid Sheet containing designated Annual Leave spaces
shall be as follows:
Summer Bid (WD)   16
Summer Bid (WE)   14
End of Summer     13
Rest of Year (WD) 11
Rest of Year (WE)  10


During periods when regularly scheduled school service drops from the schedule,
the District and the Union will meet to determine the number of spaces to be 
added to the annual leave calendar for every full assignment dropped.

B. Bidding for Annual Leave will be done by proxy every three (3) months, in
conjunction with the quarterly bid sign-up, on the same day that an Operator bids
for her work assignment. Each Operator will deposit her Annual Leave proxy with a
bidding representative prior to 5:00 P.M. on her appointed day.

Posting of Annual Leave during bidding shall be in order of seniority,
beginning with the most senior Operator. Operators' choices will be posted to the
Annual Leave Calendar at the beginning of the day following the day they are
received. An updated Annual Leave Calendar will be made available at each
Operations Base as soon as possible following the posting of the previous day's
selections. The Annual Leave calendar shall indicate spaces guaranteed and spaces
remaining open beginning with the first day of the bid cycle and extending through
the following four quarterly bid cycles.

C. The Annual Leave Calendar for the following quarterly work period will
remain open to all Operators on a first come, first served basis, regardless of an
Operator's classification seniority. All requests must be submitted by the Operator
by 10:00 A.M. five (5) days in advance. Signing on Annual Leave for days that are
left open on a first come, first served basis shall be handled as follows:

An Operator shall fill out a "Request for Time Off" form indicating the date(s)
on the calendar that she wishes. This form shall be turned in at the Base Dispatch
desk and a copy returned to the Operator making the request. The Scheduling
Department shall respond in writing to the Operator by 12:00 noon of the second
regular work day (Saturdays, Sundays, holidays excluded) following the date the
request was submitted.

No later than each Tuesday, the District shall make available at each Base an
updated copy of the Annual Leave Calendar. The calendar shall indicate the spaces
guaranteed and open spaces remaining from the current date through the end of
the period available for sign up at the most recent quarterly bid sign-up.

13.03 Cancellation of Annual Leave

A. An Operator will not be required to take Annual Leave on the dates for
which she has signed up, but those dates will be set aside (guaranteed) for her time
off. An Operator whose work has been posted for hold-down who then decides not
to utilize her guaranteed time off must notify the Scheduling Department at least
thirteen (13) days prior to the date her Annual Leave begins. All other Operators
must give five (5) days notice. Failure to do so will result in the Operator being
required to take her Annual Leave as scheduled.

B. Any changes requested by an Operator to the Annual Leave Calendar will
be submitted in writing on the appropriate form and shall be effected by the
Scheduling Department.

C. An Operator who wishes to cancel Annual Leave that has been assigned as
a hold-down may do so subject to the following conditions:

  1. She must submit a written request to the Scheduling Department.

  2. She shall work the Extra Board for the time canceled and shall not be
eligible for hold-downs during that period;

  3. She shall maintain her regular days off;

  4. She may exercise her seniority for order of assignment as outlined
in Article 31.05A.


D. An Operator who is not qualified to bid or who loses her bid under the
provisions of Article 30.04E shall have all her previously signed up annual leave
days canceled for that bid period. This shall in no way impair the ability of
Operators unable to bid because of medical reasons from requesting supplemental
pay from their annual leave balances.

13.04 Annual Leave Waiting Lists

A. During the quarterly bid sign-up, a temporary waiting list will be
maintained for all time available for bidding (one year). This list will be used for
updating Annual Leave choices during the quarterly bid sign-up only and expires at
the end of the sign-up. This process is to ensure that cancellations will not adversely
affect seniority rights.

B. A permanent waiting list will be maintained for all time available for bidding
(one year)with the Annual Leave Calender. The waiting list will be established 
prior to the bidding time for the first Operator, and will become part of
the Annual Leave Calendar for that quarterly bid. The waiting list will consist 
of at least twenty (20) spaces. If an Operator wishes to take a particular day 
off and no open spaces remain for that day on the Annual Leave Calendar, her name shall be
entered on the waiting list.

Sign-up on the waiting list will be handled in the same manner as sign up for
guaranteed spaces on the Annual Leave Calendar; that is, in order of seniority
during the quarterly sign-up and first come, first served after the quarterly sign-up
is completed. In the event that spaces become available on the Annual Leave
Calendar, Operators whose names are on the waiting list will be contacted in the
order that their names appear to confirm their Annual Leave sign-up for that day.

13.05 Annual Leave Planning and Qualifications

Planning of Annual Leave must be in accordance with the following and will
be used as a guideline for priority:

A. The Operator must have adequate accrued Annual Leave to be eligible for
that leave. This shall include all Annual Leave time accrued through the end of that
Annual Leave. Advance Sick Leave conversion and/or holiday conversion cannot be
utilized until actually earned and credited to the Operator's Annual Leave balance.

B. The District shall be responsible for keeping accurate records for
qualification for Annual Leave. An Operator with insufficient accruals of Annual
Leave time will be contacted by the Scheduling Department prior to the thirteen
(13) or five (5) day cancellation deadline and given the opportunity to cancel the
time she is not qualified to take on a day by day basis. An Operator who does not
cancel her Annual Leave will have any necessary adjustments to signed on Annual
Leave time made by the Scheduling Department.

13.06 Illness During Annual Leave

If an Operator becomes seriously ill and is incapacitated while on Annual
Leave, and the illness can be supported by a written statement from a physician,
the Operator shall have the period of illness charged against Sick Leave and not
Annual Leave upon written request.

13.07 Advance Pay on Annual Leave

An Operator may be paid for her scheduled Annual Leave in the last paycheck
received prior to taking the Annual Leave days, provided she makes a written
request before the closing of the payroll for that paycheck.


ARTICLE 14

LEAVES OF ABSENCE




14.01 General Leaves of Absence

A. Eligibility for General Leaves:

An Operator becomes eligible to take General Leave when she has been
employed by the District for a minimum of twenty-four (24) months. The leave may
be without pay. An Operator is not eligible to commence a General Leave of
Absence unless she has been actively working for at least three months immediately
prior to the beginning of the leave.

B. Application for General Leaves:

In the first week of May and in the first week of November, the District shall
receive and consider applications for General Leaves of Absence. The applications
shall be considered for whole calendar months beginning at the start of the next
Bid cycle up to twenty-four (24) months in advance of the consideration date. At
each semi-annual review of applications on hand, classification seniority shall be the
basis for determining the granting of leaves. During this time, an Operator may not
apply for more than one continuous leave per calendar year nor for more than six
(6) months total in any twenty-four (24) month period. In the event that months
become available due to cancellations, an Operator may sign up for these months
without regard to other General Leave time for which she may have signed up. An
Operator may apply the balance of her annual leave accruals to her General Leave
of Absence provided the accruals are used consecutively and at the beginning of the
leave. However the Operator shall not occupy positions on the Annual Leave
Calendar.

C. Waiting List and Cancellation:

A waiting list shall be maintained of applications submitted for semiannual
review for months in which no spaces allocated according to 14.01E remain open.
Where there is no waiting list, or where the waiting list has been exhausted, an
Operator may sign up for full months of Leaves of Absence on a first-come, first-
served basis up to six (6) months in advance. These sign-ups shall be completed at
least seven (7) days in advance of the beginning of the month desired. An Operator
who chooses to cancel a leave request must do so at least two (2) months prior to
the months being canceled. An Operator finding it necessary to take exception to
the time lines within this Article must direct appeals to the Manager of Operations.
The District must notify an Operator on the waiting list if a space becomes available
due to cancellation. The space shall be made available to the first Operator on the
waiting list. The Operator shall be notified within ten (10) working days of the
cancellation.

D. Benefit Coverage:

After thirty (30) calendar days on General Leave of Absence, an Operator may
choose to remain covered under the medical, dental, vision insurance benefits listed
in Article 10 by reimbursing the District for the cost of the coverage. The District
will not be obligated to pay for insurance benefits for more than one month in any
calendar year. An Operator shall not accrue Sick or Annual Leave while on General
Leave of Absence.

E. Authorized Number of Operators on Leave:






Jan



Feb



Mar



Apr



May



Jun






2



2



2



3



3



4








 






Jul



Aug



Sept



Oct



Nov



Dec






5



5



3



3



2



2






F. Advance Pay for General Leave:

An Operator may be paid in advance from her Annual Leave accruals for her
scheduled General Leave of Absence in the last paycheck received prior to the
beginning of General Leave of Absence, provided she makes a written request
before the closing of payroll for that paycheck. An Operator receiving advance 
pay will be ineligible to work during the period of compensation.

G. Failure to Return to Work:

An Operator who does not report back to work by the expiration date as set
forth in her General Leave of Absence notice will be considered to have terminated
her employment with the District, at the discretion of the District.

H. Any new provisions shall not impact any signed on General Leave time on
the calendar as of July 1, 1999. Any additional costs for benefit coverage shall
apply immediately.

14.02 Medical Leaves of Absence

A. An Operator absent because of illness, except workers' compensation
injuries, shall be considered to be on Medical Leave of Absence after one
continuous absence of more than seven (7) calendar days. The leave shall be limited
to a period of eighteen (18) months beginning with the first day of continuous
absence. An Operator shall present a physician's certificate of medical conditions
within thirty (30) days of the first continuous day of absence and every thirty (30)
days thereafter. An Operator may present the certificate by certified mail.

B. An Operator on medical leave unable to return to work and perform the
duties of an Operator within the eighteen month maximum leave period will be
placed on Furlough status.

C. An Operator who desires to return from Medical Leave will present a
physician's release stating a return-to-work date. Should an Operator returning from
a leave require retraining she will be returned to service within seven (7) calendar
days from receipt of the written release.

D. An Operator who is on Medical Leave of Absence on account of illness and
who accepts regular, outside gainful employment, shall not be terminated unless at
the time she performs the outside employment she is physically able to perform her
duties as an Operator on a regular, full-time basis. The Operator will notify the
District and the Union of the employment. An Operator who is on Medical Leave of
Absence because of physical restrictions, and who is receiving benefits under any
State law which requires her to accept gainful employment to be eligible for these
benefits, shall not have her services terminated provided that she immediately
informs the District and the Union of the employment and its duration.

E. The District shall respond in writing within five (5) working days to all
requests for extensions and a copy of same shall be given to the Operator and the Union.

F. The Operator may apply accumulated Sick Leave first and when exhausted
Annual Leave in order to cover absences due to illness or injury or to supplement
State Disability Insurance benefits. Total compensation shall not exceed eight (8)
hours pay per day at the Operator's base wage rate.

G. An Operator on Medical Leave beyond the initial thirty (30) calendar day
period will not accrue Sick or Annual Leave.

14.03 Leave on Account of Industrial Injury

An Operator on leave due to industrial injury has the right to receive
compensation pursuant to State Workers' Compensation Law and Article 10.04. An
Operator shall continue to accrue District and Classification seniority, have District
paid medical, dental, and vision insurance and accrue Sick and Annual Leave,
except that an Operator on industrial injury beyond twelve months will cease
accruing sick and annual leave. The Operator will be returned to service within
seven (7) calendar days from receipt of the written release and final clearances from
industrial injury. An Operator on industrial injury leave and unable to return to
work and perform her duties within eighteen months shall be placed on Furlough
status. An Operator placed on Industrial Injury Furlough status shall have recall
rights before non-medical recalls when they are medically released to return to
work. The two year return to work notification requirement shall be waived in 
accordance with Article 11.05 C.

14.04 Parental Leave

A pregnant Operator may continue working as long as the performance of
assigned duties is not impaired. An Operator may apply for and be granted a
Parental Leave of Absence for up to twelve (12) months. The Operator may be
required to produce a physician's certificate of medical condition.

An Operator who accepts placement of a child under the age of eighteen (18)
months, in anticipation of completion of a legal adoption, shall also be entitled to a
Parental Leave of Absence for up to twelve (12) months, and shall be entitled to all
other provisions set forth in this policy.

A. Use of Twelve (12) Months of Parental Leave:

An Operator choosing to use Parental Leave time may use her twelve (12) months of leave as follows:

  1. One leave of twelve (12) consecutive months; or

  2. Any combination of non-continuous leaves in increments of three (3)
months (except for the initial leave) not to exceed a total of twelve (12) months.

B. Notification of Leave:

Except for the initial leave, an Operator must notify the Scheduling
Department one month in advance of the date the Operator intends to take
additional Parental Leave.

Except for the initial leave, Parental Leave will coincide with the quarterly bid
cycle and shall be in increments of three (3) months, on the exact duration of the
quarterly bid cycle.

C. Notification of Return to Work:

When the Operator is ready and available to return to work, she will give
written notification to the District of her intent to return. The District shall place the
Operator back in service within seven (7) calendar days from receipt of the written
notification.

D. District Pay:

An Operator shall be paid forty (40) hours at the Operator's base wage rate at
or within thirty days of the child's birth/adoption.

E. Use of Annual Leave and Sick Leave Accruals:
  • 1. Request for Payment:
    
An Operator using Annual Leave or Sick Leave accruals as noted above must
submit a written request to the Scheduling Department in a timely manner. The
request shall specify from which account pay is to be drawn and include specific
dates to be covered. Payments of Annual Leave or Sick Leave shall coincide with
the regular payroll period.

  • 2. Request for Singular Days of Parental Leave:
    
An Operator may use Sick Leave or Annual Leave to cover absences related to
maternity, paternity or adoption. Requests for singular Parental Leave days shall
be made prior to 11:00 A.M. of the day before the requested day. No singular
Parental Leave days shall be granted the day before, day of, or day after the
holidays listed in Article 12.01. Two Operators per day shall be allowed to use
this option. Requests for time off under this section shall be approved by the
earliest time stamp. There will be no unpaid singular days allowed under this
Section. This option may be exercised for twenty-six (26) months from the date
of birth or custody. Parental Leave days will not be considered as counted
absences per Article 15.04.

    F. Parental Drop-a-Day:
    
An Operator returning from Parental Leave shall be automatically qualified for
Drop-a-Day for a period of up to six (6) months following the return.

    An Operator may choose to drop one day from her weekly shift but may do
so only at the quarterly bid time. Except for qualifications, Parental Drop-a-Day
shall be in accordance with Article 30.11. An Operator may opt to take Drop-a-Day as follows:

    1. One continuous six (6) month cycle; or

    2. Two three (3) month cycles which are non-contiguous.

    3. Additional three (3) month cycles may be taken for each three (3) month
increment not used under the Parental Leave in paragraph A above.
    

    By the completion of twenty-six (26) months from the birth or date of custody
of the child, an Operator must have begun exercising her Drop-a-Day option.

    14.05 Bereavement Leave
Up to two (2) Operators at a time shall be allowed one day off to attend the funeral
of any individual who shared a significant personal relationship with the Operator.
The Operator may request payment from her Sick Leave accruals for absence due to 
these occasions, not to be considered a counted absence per Article 15.04.
The District shall grant time off and shall pay an Operator up to three (3) eight
(8) hour days at her base wage rate for any regularly scheduled work days lost in
order to make arrangements and attend services due to the death of a member of 
the family: parent, step-parent, sibling, step-sibling, child, step-child, father-in-law, 
mother-in-law, brother-in-law, sister-in-law, grandparent, aunt, uncle, niece, 
nephew, grandchild, spouse, or principal domestic partner. An additional two (2) 
days paid time off at the Operators base wage rate shall be granted if the distance
traveled to the funeral is greater than three hundred fifty (350) miles. The District
may require verification of the distance traveled. The three (3) days shall be 
construed as full eight (8) hour days only, and may be taken only within the seven 
(7) calendar days, starting with the day of death or funeral. Any exceptions to 
this seven (7) day rule shall be made only by arrangement between the Operator 
and management, during the seven (7) day period. The Operator must notify the 
Scheduling Department before beginning the leave. Time paid for Bereavement Leave
shall be considered as time worked for all purposes, excluding overtime.

    14.06 Military Leave
An Operator who is inducted into the armed forces of the United States, or who 
volunteers for service during a national emergency shall, upon completion of the 
service, be reinstated to her former position with no loss of seniority, status, 
and base wage rate, provided that she shall have been discharged from the military 
service and she is still mentally and physically qualified to perform the duties 
of the position. Reemployment will begin no later than ninety (90) days subsequent 
to discharge. If hospitalization after the discharge continues for a period of not 
more than one (1) year, reemployment shall begin no later than ninety (90) days 
after the date hospitalization ends. An Operator who has been employed by the 
District and is required to attend military exercises as part of her Military 
Reserve obligation, shall be given leave to do so without loss of seniority, 
benefits or Annual Leave or Sick Leave accruals. An Operator shall be compensated 
by the District at her base wage rate, up to eight (8) hours per day, for the 
required Military Reserve absences, for each regular workday lost not to exceed 
thirty (30) days annually.

    14.07 Jury Duty
As a citizen it is the Operator's duty and privilege to participate in certain 
governmental affairs. One of these is jury duty. If the Operator is called for 
jury duty, or subpoenaed as a witness, the Operator must present the summons to 
the Scheduling Supervisor. The Operator shall be granted a leave, the days of 
which will be governed by the time stated on the summons.

  • A. Upon remitting fees (less travel allowances) to the District which the Operator receives, she will receive her base wage rate for her regularly scheduled workweek.

  • B. Days lost because of jury service will be considered time worked for purposes of accrual of Annual Leave, Sick Leave, benefits and all other purposes.

  • C. At the employer's request, adequate proof must be presented of time served on jury duty.

  • D. No Operator shall be entitled to compensation for service on the Grand Jury.

  • E. If necessary due to extended trials, the District and the affected Operator shall arrange a schedule which guarantees the Operator two consecutive days off with no loss in weekly guarantee.

  • F. An Operator scheduled for jury duty or answering a subpoena as defined above on a regular day off other than paragraph E above, shall receive alternative equal time off during the pay period or receive eight (8) hours pay at straight time rate.

    14.08 Leave for Public Office and Labor Union Positions
An Operator who is employed full-time in the service of the Union or who holds a 
single full-time public elective or appointive office shall be granted necessary 
leaves of absence and shall be allowed to return and to exercise her classification 
seniority rights under the provisions of this Agreement. The Operator shall not 
be covered under the District paid insurances nor accrue Sick Leave or Annual 
Leave while on the full-time leave. An Operator serving in a part-time or voluntary 
capacity on public boards or agencies shall be granted unpaid time off for the 
performance of the duties. Time off under this section shall not be counted as 
time worked for the purpose of Article 30.11.

    14.09 Hospice and Critical Care Leave
A. An Operator shall be granted necessary leaves to care for a critically ill family member with appropriate verification, not to exceed six (6) months in a twelve (12) month period. The leaves shall be granted on a daily, weekly or monthly basis as needed, provided that the request is submitted by 11:00 A.M. prior to the day being requested. An Operator may be paid for these absences from her Sick Leave or Annual Leave accruals. In the event a family member with a previously verified long term critical illness experiences periodic acute traumatic episodes for which emergency medical treatment must be sought, an Operator shall be granted immediate release from her assignment to seek treatment for her family member. Release time shall be counted as leave under this Section.
B. An Operator may voluntarily donate any accrued Annual Leave to assist another 
District employee whose Annual Leave and Sick Leave balances may have been depleted due to the necessity of providing Hospice or critical care to ailing family members, as provided in District regulations.

    14.10 Intra-District Leaves of Absence Out of Classification
An Operator accepting employment in other classifications not covered by this Agreement, but within the District, shall be granted a leave of absence in accordance with Article 7.04C. An Operator on the call back list accepting employment in other classifications within the District shall continue to accrue and maintain classification seniority.

    14.11 Good Standing with the Union
An Operator granted a leave of absence under the provisions of this Article must remain in good standing with the Union or pay the appropriate service fees if she wishes to retain her District and classification seniority rights on positions covered by this Agreement.

    
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