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Santa Maria-Bonita SD |  AR  4241.6  Personnel

Concerted Action/Work Stoppage   

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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 An employee is deemed to have withdrawn services at such time and on such occasions as the employee may absent himself/herself from required duties.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.

Substitute Employees

The Superintendent is authorized to hire substitute employees as needed at the rate necessary to attract them to the service of the district.

Temporary Employees

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.

Legal Services

The Superintendent, pursuant to Education Code 35204 and 35205, is authorized to employ a private attorney to advise the Board on matters relating to the threat of, or actual withholding of services.

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.

Legal Reference:

EDUCATION CODE

35204 Contract with attorney in private practice

35205 Contract for legal services

37200-37202 Instructional days

GOVERNMENT CODE

3540-3549.3 Educational Employment Relations Act, especially:

3543.5-3543.6 Unfair labor practices

3548-3548.8 Impasse procedures

INSURANCE CODE

10116 Employee continuation of insurance coverage

UNITED STATES CODE, TITLE 29

1161-1169 Continuation coverage and additional standards for group health plan

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

Management Resources:

CSBA PUBLICATIONS

Before the Strike: Planning Ahead in Difficult Negotiations, 1996

Regulation SANTA MARIA-BONITA SCHOOL DISTRICT

approved: January 28, 2004 Santa Maria, California