Yuba College Faculty Association

2.1 The Association retains all rights guaranteed to employee organizations under
Government Code Sections 3540 and following and all rights accorded by the
Public Records Act, (Gov. Code Sec. 6250 and following), the Ralph M. Brown
Act (Gov. Code Sec. 54950 and following) and all other applicable provisions of
law, and the exercise of the Association’s rights shall be limited only by the terms
of this Agreement.

2.2 Use of Buildings and Facilities

2.2.1 The Association shall have the right to use institutional facilities at
reasonable times for the purpose of meetings. 

2.2.2 Telephone Usage - The Association shall pay all of its own telephone
costs.

2.2.3 Postage Machine - The Association shall pay all its own postage costs. 

2.2.4 The District shall provide the Association with a secure office, currently
Room 2 in Osuna Hall, on the Yuba College Campus and with a secure
and accessible office on the Woodland Community College and Clear
Lake campuses. Should the District need any of these locations for its own
use, it is understood that the Association would be provided with thirty
(30) days’ notice to relocate its files to a new secure, accessible location
provided by the District.

2.2.5 Notice of Activities - The Association shall have the right to post notices
of activities and matters of Association concern in mail rooms and in
division offices on all campuses and via District e-mail and District Web
servers, provided that such communications are dated and bear the
Association's identification as the distributor. Content maintained on
District electronic systems will be subject to and conform to District
Policies.

2.2.6 Distribution of Materials - The Association may distribute organizational
materials on District property, provided that such distribution does not
interfere with District business. No one shall be allowed to distribute
materials in a manner which distracts employees while performing their
duties. Duly authorized communications may be placed by the Association
in campus and electronic mailboxes of employees, provided that such
communications are dated and bear the Association's identification as the
distributor. Content maintained on District electronic systems will be
subject to and conform to District Policies.

 2.2.7 Access to District Property - Authorized representatives of the Association
shall be permitted access to District property to conduct proper
Association business provided that the conducting of such business does
not interfere with the duties of District employees.

2.2.8 Faculty Offices - The District shall attempt to provide a reasonable and
equipped office for each Unit Member. 

2.3 Roster of Unit Members 

2.3.1 Names, "step and class," and non-confidential addresses and telephone
numbers of Unit Members, as provided to the District by the Unit
Members, shall be provided to the Association President or his/her
designee twice annually during the term of this Agreement current as of
October 1 and March 1 provided by October 15 and March 15
respectively. Human Resources shall supply this information.

2.3.2 By the fifth (5th) of each month, the District shall provide the Association
treasurer with a list showing each Unit Member’s regular salary (exclusive
of any extra pay [EP] amounts) for the previous month. Human Resources
shall supply this information.

2.4 Board Agenda

2.4.1 The Association shall be provided two (2) copies of the public Board
packet prior to each regularly scheduled Board meeting at the same time
that the packet is sent to the Trustees. In addition, a copy shall be sent to
the Association designee at Woodland Community College and the Clear
Lake campus.

2.4.2 Upon eight (8) working days' notice, the Association has the right to place
one or more specific items on the agenda and to speak to such items.

2.5 Association Released Time

Association released time is not subject to the provisions of Article 26.

2.5.1 For each year of the contract, one (1) FTEF released time paid for by the
District shall be allowed the Association to conduct its business.

2.5.1.1 Up to eight (8) representatives (other than the Association
President), as designated by the Association President, shall be
released upon request from any District responsibilities for
meetings held between the Association and the District for
purposes of negotiations, grievances, impasse proceedings, and
unfair labor practice hearings.

2.5.2 For each year of contract negotiations, an additional one (1) FTEF (total of
two [2] FTEF) release paid for by the District shall be allowed the
Association, which may be apportioned as the Association so desires.

2.5.2.1 For each negotiating year, up to nine (9) representatives shall
be released.

2.5.3 In addition to the released time granted in Article 2.5.1 and Article 2.5.2,
the Association may purchase from the District a maximum total of one
(1) FTEF additional released time.

2.5.3.1 The Association will reimburse the District for the actual
replacement costs (i.e., salary and mandated benefits) incurred
by the District of such release time at the end of the semester in
which the release is taken and upon receipt of a billing from the
District. 

2.5.4 The Association shall notify the District of the distribution of release time
by February 1 for release to be taken during the fall semester and by
September 15 for release to be taken during the spring semester. The
intent of this article is, whenever possible, to give notice in time to allow
for hiring replacement faculty for the released Members and to thus
provide for an accurate schedule of classes to be published.

2.5.4.1 The Association shall send notification of release time
distribution to the appropriate College Vice President or Clear
Lake Campus Dean, with copies to the Director of Human
Resources Development and Personnel Services and to each of
the Deans responsible for scheduling the released Unit
Members.

2.6 The Association shall have the right to have its attorney present in all negotiation
sessions and shall notify the District as far in advance as possible whenever the
Association intends to have its attorney in a session. 

2.7 Agency Fee

2.7.1 Upon notification from the Association, the District will automatically
deduct from the monthly paycheck of each non-dues paying Unit Member
the amount of the Association monthly dues owed, pursuant to
Government Code Section 3546. 

2.8 Upon filing an application form provided by the District, each Unit Member shall
have the right to have deductions of at least $1 per item made from his/her
monthly salary for the following: 

2.8.1 Dues to the Yuba College Faculty Association

2.8.1.1 Not later than the tenth (10th) of each month, the dues shall be
deposited to the bank account designated by the Association
Treasurer.

2.8.2 Dues to the Faculty Association of California Community Colleges

2.8.3 Dues to a professional association if at least five Unit Members request a
deduction for the same organization

2.8.4 Purchase of tax-deferred annuities approved by the District pursuant to
IRS regulations

2.8.5 Purchase of Section 529 college investment plans approved by the District
pursuant to IRS regulations

2.8.6 Payment to a credit union

2.8.7 Premiums for insurance sponsored by a professional associaAssociation, or the District.

2.8.7 Premiums for insurance sponsored by a professional association, the
Association, or the District

2.8.8 Contributions to any special fund administered by the District, the
Association, or both

2.8.9 Contributions to a student loan fund or a student assistance fund
administered by the District

2.8.10 Contributions to any tax-exempt charitable organization, if at least ten (10)
District employees request a deduction for the same charitable
organization

2.8.11 Contributions to the YCCD Foundation 

2.8.12 Such other payments or contributions as may be mutually agreed upon by
the District and the Association

2.9 No deduction shall be permitted during the term of this Agreement for the
payment of any dues, fees, or contributions to any employee organization defined
in Government Code Section 3540.1 other than the Association. 

2.10 The District shall not be obligated to put into effect any new, changed, or
discontinued deduction unless the change is in the District Payroll Office prior to
the 10th of the month.

2.11 The Association agrees to indemnify, defend, and hold the District harmless
against any claims made of any nature whatsoever and against any claim or suit
instituted against the District arising from its collection and deduction of
Association membership dues.

2.12 Consultation

2.12.1 The Association shall have the right to consult on educational objectives,
the determination of the content of courses and curriculum, the selection
of textbooks, and changes to the Faculty Handbook. The Association and
the District shall mutually agree on matters dealing with working
conditions. 

2.12.2 The District and the Association shall respect written Agreements between
the parties. The District shall maintain its relationship with the Association
concerning collective bargaining as required by law. 

2.13 Injunctive Relief

2.13.1 Nothing herein shall preclude the Association from seeking injunctive
relief if it feels the District's action in declaring an emergency is
inappropriate. 

2.14 Association Member Titles

2.14.1 Professor - A tenured full-time Unit Member. The title shall be Professor
of "the major discipline." 

2.14.2 Associate Professor – A non-tenured, full-time tenure track Unit Member.
The title shall be Associate Professor of “the major discipline.”

2.14.3 Instructor – A non-tenured, full-time non-tenure-track Unit Member. The
title shall be Instructor of “the major discipline.”

2.14.4 Professor Emeritus – A professor retired from the Yuba Community
College District. The title shall be Professor Emeritus of the “major
discipline.”

2.15 Personnel Files.

2.15.1 There shall be one personnel file for each Unit Member. The personnel
file for each Unit Member shall be maintained by the District in the
Human Resources Department. The file shall consist of records of
employment with the District, records of educational advancement, and
other work experience pertaining to the status of the faculty member's
employment with the District, leave forms, transcripts, recommendations,
evaluations, correspondence pertaining to the member, and faculty service
area designations.

2.15.2 A Unit Member may inspect his/her personnel file during normal business
hours. A Unit Member may, upon his/her written authorization, designate
an Association representative to review the file in the presence or absence
of the Unit Member. The District agrees to be bound by applicable federal
and/or state statutes concerning the privacy and confidentiality of such
records and files. Access to the official District personnel file shall be
limited to District administrators and supervisors and authorized Human
Resources Department staff.

2.15.3 The District shall keep a log indicating the persons (other than persons
whose duty it is to maintain the files) who have examined a personnel file,
as well as the date such examinations were made.

2.15.4 All reviews shall be done in the presence of a management employee or
designee who shall be positioned in a manner ensuring confidentiality to
the parties and security of the file.

2.15.5 Any item placed in the file shall be clearly identifiable as to its source or
originator and its date of receipt by the District.

2.15.6 Any material placed in a Unit Member's personnel file must be signed and
dated by the originator and the management person responsible for placing
it in the file, and a copy of all materials shall be given to the Unit Member
prior to the time of insertion in the personnel file. No anonymous letters or
materials shall be placed in a Unit Member's personnel file.

2.15.7 In the case of derogatory materials, such material shall not be entered in a
Unit Member's personnel file unless and until the Unit Member is given
notice and an opportunity to review, comment, and have such comments
attached to the material in question. The Unit Member has ten (10)
working days to review and comment on any material of a derogatory
nature before it is placed in his/her file. If additional time is needed, the
Unit member may request a time extension from the Human Resources
Department.

2.15.8 Materials not included in the personnel file include ratings, reports and
records obtained prior to employment of the Unit Member, and any other
materials related to application for positions other than permanent
certificated positions within the District.

2.15.9 In accordance with Title 5, Section 59023, personnel records are classified
as records which must be retained permanently