Santa Maria-Bonita SD | AR 4141.6 Personnel
Concerted Action/Work Stoppage
The following procedures may be implemented by the Superintendent when he/she determines that the threat of or actual withholding of services by certificated employees exists.
Withholding of Services
1. Withholding of service is defined as non-performance of those duties and responsibilities assigned by the district and its representative because of collective or individual refusal to provide service, unauthorized use of sick leave, unauthorized use of other leave benefits, non-attend-supervisory functions at school sponsored activities.
2. An employee is deemed to have withdrawn services at such time and on such occasions as the employee may absent himself/herself from required duties.
3. The withdrawal of services constitutes a breach of contract and a violation of Board rules/regulations which may result in the initiation of dismissal procedures or such disciplinary action as may be deemed appropriate.
4. Beginning on the first day of withholding of services, no warrant shall be drawn in favor of any certificated employee who has not faithfully performed all duties prescribed.
Leaves of Absence
Effective immediately, all employee absences must be verified by written proof of the need for the leave.
1. Sick Leave
Employees requesting pay for sick leave must provide a statement from a physician, chiropractor, or practitioner (in case of religious requirement) verifying the cause and condition of illness, injury or quarantine. An employee's failure to provide such a statement will be treated as, and be deemed, a withholding of services.
2. Personal Necessity Leave
Employees requesting personal necessity leave must do so in advance, in writing, and must receive approval to take the leave from his/her supervisor. In the event of an emergency where advance notice cannot be obtained, the employee may be required to complete a signed affidavit and present written documentation of the personal necessity.
3. Other Leaves
Permission to take other leaves must be received in advance of the leave.
The Superintendent is authorized to hire substitute employees as needed at the rate necessary to attract them to the service of the district.
The Superintendent is authorized to hire temporary employees for the duration of the withholding of service at the rate now in effect for regular employees.
Assignment of Personnel
Employees reporting for duty may be assigned to other than their regular prescribed duties by the Superintendent or his/her designee. Failure to accept or serve in such an assignment will be considered a breach of contract and a violation of Board rules/regulations and, therefore, may subject the employee to disciplinary action.
Loss of Fringe Benefits and Payroll Deductions
Any employee withholding services may be subject to the loss of payroll deduction and fringe benefit privileges.
Breach of Contract
Participation of an employee in a withholding of services will result in a formal notification to the employee of a breach of contract and violation of Board rules/regulations. A copy of such notification will be placed in the employee's file.
Emergency Guidelines or Procedures
The Superintendent or his/her designee is responsible for developing the necessary guidelines and procedures to cope with an emergency.
Operations of School Facilities
The Superintendent or his/her designee shall be authorized to adjust school instructional times or to close any school or district facility. Such facility will be closed when the Superintendent determines that deleterious conditions exist for children or staff.
Maintenance of School Calendar
Days of instruction lost due to a withholding of services may be made up following the end of the normal school year.
These emergency procedures shall remain in effect until rescinded by action of the Governing Board.
35204 Contract with attorney in private practice
35205 Contract for legal services
10116 Employee continuation of insurance coverage
UNITED STATES CODE, TITLE 29
PUBLIC EMPLOYMENT RELATIONS BOARD DECISIONS
Fresno Unified School District, 1982, PERB Dec. No. 208, 6 PERC 13110
Konocti Unified School District, 1982, PERB Dec. No. 217, 6 PERC 13152
Before the Strike: Planning Ahead in Difficult Negotiations, 1996
Regulation SANTA MARIA-BONITA SCHOOL DISTRICT
approved: January 28, 2004 Santa Maria, California