ARTICLE 3 – ASSOCIATION RIGHTS

3.1       Access

3.1.1    Authorized Association representatives shall, in accordance with the conditions noted herein, have the right of reasonable access to District facilities for the purpose of contacting unit members and transacting lawful Association business.

3.1.2    In no event shall Association business interrupt or interfere in any way with classroom teaching hours or other official college-assigned responsibilities unless approved by the District.

3.2       Distribution and Posting of Materials

3.2.1    The Association may distribute organizational literature on District property, provided it conforms to the content restrictions in Article 3.4 hereof, and does not interfere with District business.  No person shall distribute literature on District property in a place or manner which distracts unit members who are performing their assigned duties.  Literature may be distributed, or left for pickup in coffee rooms, faculty rooms, and in other appropriate site locations as designated by the Superintendent/President or the Superintendent/President’s designee.

3.2.2    The Association shall have the right to post notices of Association concern (consistent with Article 3.4 hereof) on bulletin boards, at least one of which shall be provided by the District in each work location in an area frequented by unit members.

3.3       Use of Campus Communication Resources

The Association shall have reasonable  use of the college mail boxes, telephone voice mail, and email to distribute organizational material which conforms to the content restrictions of Article 3.4 hereof.  The Association shall provide the Superintendent/President’s office the first copy of all materials for faculty-wide distribution through the school mail system.  The Superintendent/President shall be included in the distribution through the school mail system.  The Superintendent/President shall be included in the distribution list for all materials for faculty-wide distribution through the school’s voice mail and email.  This language is not intended to infringe on unit member’s rights under the 1st Amendment to the U.S. Constitution.
 

3.4       Content Restrictions

 Any literature must be dated and must identify the person and organization responsible for its promulgation.

 3.5       Name and Assignments

 By the 4th Monday of each semester, the District shall furnish the Association, without charge, a list of the names and assignments of all unit members.

 3.6       Representation Rights

 

The Association has the right to represent unit members in their employment relations with the District.  Upon request of a unit member, the Association shall be entitled to represent such person in matters involving contemplated discipline or discharge of the unit member, or processing of an alleged grievance or dispute, and to accompany such person to review the unit member’s personnel file.

 3.7       Released and Reassigned Time

 

3.7.1    The Association shall be granted release time of .70 FTE (70%) annually to represent the Association in meeting and negotiation sessions and for the processing of grievances.  This released time may be banked and used within a three-year period and distributed at the discretion of the Association.  The request to use the released time must be submitted to the appropriate Vice President and the Vice President of Human Resources and approved by the appropriate Vice President prior to finalizing the schedule for the next semester.  For the purposes of negotiating re-openers for the second year of this contract (2006), which will occur in Fall 2005, union negotiators may borrow release time, if necessary, from the following fiscal year's allotted released time (2006) if appropriate notification and approvals are requested from both the appropriate Vice President and the Director of Human Resources.

 

3.7.2    The Citrus College Academic Senate shall receive 1.00 FTE (100%) reassigned time annually to be distributed at the discretion of the Senate.  The 1.00 FTE includes the reassigned time for the Curriculum Committee Chair.  The request to use the reassigned time must be submitted to the appropriate Vice President and the Vice President of Human Resources and approved by the appropriate Vice President prior to finalizing the schedule for the next semester.

 3.8       Access Rights

 

The Association shall have access, upon request and at reasonable times and in a reasonable manner, to all District, County, State and Federal reports that the District completes for, or receives from, the aforementioned governmental levels, and that are public record.  The Association shall be responsible for reproducing copies of same at the Association’s expense.

 3.9       Dues and Service Fee

 3.9.1    The Association and the District agree that each unit member in the bargaining unit shall contribute equally toward the cost of administration
              of this Agreement by the Association and for the representation of unit members in the bargaining unit by the Association.

 

3.9.2    By November 1 of the year covered by this Agreement, all unit members will pay the annual unified (NEA/CTA/CCFA) dues or    authorize the deduction of this amount in installments from the 10 regular monthly payroll warrants.  Should a unit member choose not to join the Association, a service fee equal to the unified dues will be paid by the unit member in the manner prescribed above.

 3.9.3    In the event a unit member is hired after September 1 of the year covered by this agreement, the unit member will be assessed a
              fee prorated for the number of months remaining under this Agreement.

 

3.9.4    The dues deduction authorization shall be revocable upon written notice by the unit member and such revocation shall be effective commencing with the next pay period after its receipt.  On a monthly basis, the District shall draw its order upon the funds of the District in favor of the Association for an amount equal to the total of the dues deductions and shall furnish to the Association a list of all unit members affected together with the amount deducted for each.

 

3.9.5    Should a unit member elect to revoke the dues deduction authorization, the unit member remains bound by this Agreement to pay the service fee or any fraction of the fee remaining unpaid at the time of revocation as a condition of continued employment.  The Association agrees to pay to the District all legal fees and legal costs incurred by the District in the dismissal of any certificated employee pursuant to the agency fee provisions of this Agreement.  The Association shall pay to the District any legal fees and legal costs incurred in defending against any court action and/or administrative action before the Public Employment Relations Board, or any other body, challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation.

 

The Association shall have the exclusive right to decide and determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried, or appealed.  Prior to making such a decision, the Association shall confer with a designated representative from the District in an effort to reach mutual agreement as to whether the action or proceeding shall or shall not be compromised, resisted, defended, tried, or appealed.

3.9.6    Any unit member who is a member of a religious body whose traditions, teachings or tenets include objections to joining or financially supporting employee organizations, shall not be required to join, maintain membership in, or financially support the Association as a condition of employment; except that such unit member shall pay, in lieu of a service fee, a sum equal to such service fee to one of the following nonreligious, nonlabor organizations, charitable funds exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code:

 

(1)       Citrus College Faculty Association Scholarship Fund

(2)       Citrus College Foundation General Fund

(3)       Citrus College Foundation Scholarship Fund

(4)       Foundation to Assist California Teachers

 

One tenth of the representation fee which would have been paid will be deducted each month for ten months from that employee’s pay warrant and deposited in the designated account for one of the organizations listed in this section.

 

3.9.7    If a unit member holds conscientious objections pursuant to this Article and requests the Association to use the grievance procedure or arbitration procedure on the unit member’s behalf, the Association is authorized to charge the unit member for the reasonable cost of using such procedures.