Frequently Asked Questions
1. What is a teacher's union?
2. What’s a Contract, also known as a Collective
Bargaining Agreement (CBA)?
3. Who negotiates the contract?
4. Who are Site Representatives and the Executive Board?
5. What do I do if I have a problem during my employment
with the District?
6. What do I do about contract violations?
7. How can I get involved and help out in our Union?
8. How do I know if I am a member of the RCTA?
9. Can I transfer sick leave from one district to another?
10. Do my sick days carry over each year?
11. How many sick days can I use for personal necessity
leave?
12. Can I view my personnel file?
13. How and when can I reclassify on the salary schedule?
14. When and how do I file a formal complaint?
15. When and how do I file a grievance?
16. What do I do if I am accused or charged with criminal
misconduct?
17. Can I be forced to change a student's grade?
18. Can I suspend a student from my class?
19. If I am called to a meeting with one or more district
officials what should I know before I go?
20. What are the guidelines for parent observations and
do I have to allow parent volunteers into my classroom?
21. What are my rights as a probationary teacher?
22. What is the Williams Case and how does it affect me
and my students?
23. Am I protected if I file a complaint against the district
for noncompliance with or violating state or federal statutes, rules
or regulations?
24. What should I do if I am injured on the job?
27. I was evaluated last year and my principal wants to
evaluate me again this year. Can they?
28. Can the school Literacy Coach observe or evaluate
my teaching?
29. My class size seems too big, how do I know if the
District is violating our class size ratio?
1. What is a teacher's union?
Teachers’ unions are made up groups of people like you and me
who work together to solve problems and to have a voice in what happens
in our work environment. A teacher’s union gives us a louder voice
on the job with regards to salary, benefits, safety, job security, and
the ways in which our work is done and handled. Teachers’ unions
give teachers a voice in how best to run our local public schools. We
build stronger work environments, and give teachers a stronger voice
than that of any one teacher alone. It is because of teachers’
unions that we often have better pay, better health benefits, and better
pension benefits than workers who do not belong to unions.
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2. What’s a Contract, also known as a Collective
Bargaining Agreement (CBA)?
The contract is an agreement between Riverside City Teachers Association
and Riverside Unified School District. The contract stipulates the conditions
of your employment, such as: our work hours, discipline procedures,
evaluation procedures, salary, health and welfare benefits, and more.
The contract should be upheld not only by RUSD administrators and principals,
but also by our own members. When you let contract violations persist,
you weaken our contract and make it harder to work for everyone. When
you do work outside of our contract, this also weakens it. For instance,
if your principal asks you to do extra work after school for less pay
because there isn’t money in the school budget to pay you the
negotiated supplemental employment rate stipulated in our contract,
then you’ve sent the message that it’s okay to negotiate
outside of our contract. As a consequence, you’ve weakened our
contract for others who are entitled to the regularly negotiated supplemental
rate. Moreover, if your administrator reneges on your agreement with
them, and it’s happened, then you’ve jeopardized your contractual
grievance rights and you might not get paid for your work. Don’t
weaken our contract by letting violations persist and don’t work
outside of it!
Furthermore, you should not sign anything other than your employment
contract. Your job and what you are entitled to is outlined in the contract
(CBA). If someone is asking you to sign something, and you are unsure
if you should, contact your Union Representative immediately.
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3. Who negotiates the contract?
The contract is negotiated by trained representatives from both RCTA
and RUSD. These representatives are appointed by the President of the
RCTA, and the Superintendent of the District.
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4. Who are Site Representatives and the Executive Board?
Site Representatives are your elected school Union Representatives.
They represent your school at our Representative Council Meetings where
they vote on issues that affect our Union. They are the first union
members you should talk to when you have a question or problem about
working in RUSD. They have generally had training in how to handle problem
situations with an administrator in the District and have surface knowledge
of our contract.
The Executive Board is a group of elected union officials who have the
fiduciary responsibility for overseeing the governance of our Union
and By-laws. They work closely with the President to work for the betterment
of the RCTA. They are there to make suggestions to the President and
Site Representatives at our Executive Board and Representative Council
Meetings. http://www.utofp.org/faqs.htm - top
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5. What do I do if I have a problem during my employment
with the District?
If there is a problem or contract violation at your school site, be
it with an administrator, teacher, or parent you must first speak with
your elected Site Representative at your school; they should be able
to help you. You should also look up what the contract has to say about
it; the contract can be found at www.MyRCTA.org. If your Site Representative
cannot help you or they do not have the answer to your question, then
you can contact your Director under RCTA Leadership. Only once you have
exhausted your peer resources should you call us at the RCTA office.
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6. What do I do about contract violations?
A contract violation occurs when a district administrator or principal
does something or orders you to do something that goes against our negotiated
contract with the Riverside Unified School District. Since there is
quite a bit of information in our contract, often times, the violation
that occurs is due to the District or administrator not knowing what
the contract says. So, you shouldn’t be afraid to advise your
administrator if he or she unknowingly violated the contract. Many problems
can be easily fixed this way. However, if you speak with your administrator
about the problem and nothing gets done, you only have 10 days to file
a grievance. It is at this point that you should contact RCTA immediately
so they can advise you of what to do. The contract needs to be upheld
for it to work. If our contract is weakened by one, it can be weakened
for all.
If you feel that the contract is being violated on purpose, then you
should contact the RCTA President or other RCTA officer who will advise
you of what to do. You may contact them by email or at their schools:
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7. How can I get involved and help out in our Union?
You can help out by reading your contract and understanding what it
means to you and your profession while working here in the Riverside
Unified School District. You should uphold the contract and be active
in the Union and in our local school board politics. When our Union
leadership calls for your involvement in an organized event, you should
be prepared to participate – there is power in numbers. You can
also help out by running for an elected position such as a Site Representative
at your school, Director, or assisting on any one of our committees
in the Union. Some types of your work may also count towards professional
growth hours for when renewing your credential. To get more information
you can contact the RCTA office.
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8. How do I know if I am a member of the RCTA?
E-mail our office at caroline@myrcta.org , or call the RCTA office at
951-684-6744 and we will tell you.
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9. Can I transfer sick leave from one district to another?
Yes, you may transfer sick leave (Ed Code 44979.8772).
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10. Do my sick days carry over each year?
Yes, the number of days not used shall accumulate from year to year
(Article 16 Section 3).
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11. How many sick days can I use for personal necessity
leave?
A unit member shall be entitled to use during each school year a maximum
of 8 days of sick leave towards personal necessity leave (Article 16
Section 12).
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12. Can I view my personnel file?
Yes, make an appointment with the Human Resources Office at anytime
during the year. You may call them at 951-788-7135 ext. 80101. You should
also know there is only one file that may be kept on you, which is held
at the district office. Your principal may keep a working file on you
throughout the year. Nothing can go into your district personnel file
without your written acknowledgement. The only personnel file that counts
is the one kept on file at the district office.
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13. How and when can I reclassify on the salary schedule?
Employees planning to meet the requirements for a higher classification
on the salary schedule effective with their September payroll should
submit the form, "Request for Reclassification," to the Human
Resources Office not later than June 30. Transcripts, or verification
of courses in progress, must be submitted to the Human Resources Office
by August 30.
A second opportunity for higher classification is available to Employees
planning to meet the requirements for a higher classification on the
salary schedule effective with their February payroll should submit
the form, "Request for Reclassification," to the Human Resources
Office not later than November 30. Transcripts, or verification of courses
in progress, must be submitted to the Human Resources Office by January
30.
Employees may only advance one salary column per school year.
You should make sure to have the personnel office time, date stamp,
and copy the materials you brought in for you to take so that if they
are misplaced by the personnel office, you will have record of your
turning in your materials.
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14. When and how do I file a formal complaint?
If you feel you have been acted upon inappropriately by anyone in the
district, by an employee, student, or a parent, you may file a complaint
by putting the complaint in writing and sending the complaint to the
Human Resources department. A copy should also be sent to the RCTA office
to ensure the District follows through with the Uniform Complaint Procedure.
If you feel your employment rights have been violated or feel you have
been discriminated against by the RUSD, you may file a complaint with
the Department of Fair Employment and Housing. The Department of Fair
Employment and Housing maintains the authority to investigate complaints
of discrimination in the areas of employment, housing, public accommodations
and hate violence. You can reach them at http://www.dfeh.ca.gov/
.
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15. When and how do I file a grievance?
If you believe your contractual rights have been violated, then you
may file a grievance against the site administrator and/or district.
Please contact the RCTA office for further information.
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16. What do I do if I am accused or charged with criminal
misconduct?
You should download the form "Do's and Don'ts for school employees
charged with criminal misconduct" put together by the CTA, which
gives step by step directions of what to do in the event of being accused
or charged with criminal misconduct. You should also read your Weingarten
Rights. Notify RCTA immediately.
http://www.utofp.org/faqs.htm - top
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17. Can I be forced to change a student's grade?
In the absence of clerical or mechanical mistake, fraud, bad faith,
or incompetence on the part of the teacher, grades given by a teacher
to each pupil shall be final and not subject to change by others. A
board or superintendent shall not order a grade changed unless the teacher
who gave this grade is given the opportunity to state orally or in writing,
or both, the reasons the grade was given, and is, to the extent practicable,
included in all discussions related to the changing of the grade. (Ed.
Code 49066)
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18. Can I suspend a student from my class?
1. A teacher may suspend any pupil from the teacher’s class, for
any of the acts enumerated in Section 48900 of the Ed code, for the
day of the suspension and the day following. The teacher shall immediately
report the suspension to the principal of the school and send the pupil
to the principal or principal’s designee for appropriate action.
If that action requires the continued presence of the pupil at the school
site, the pupil shall be under appropriate supervision, as defined in
policies and related regulations adopted by the governing board of the
school district. As soon as possible, the teacher shall ask the parent
or guardian of the pupil to attend a parent-teacher conference regarding
the suspension. Whenever practicable, a school counselor or a school
psychologist shall attend the conference. A school administrator shall
attend the conference if the teacher or the parent or guardian so requests.
The pupil shall not be returned to the class from which he or she was
suspended, during the period of the suspension, without the concurrence
of the teacher of the class and the principal.
2. A pupil suspended from a class shall not be placed in another regular
class during the period of suspension. However, if the pupil is assigned
to more than one class per day this subdivision shall apply only to
other regular classes scheduled at the same time as the class from which
the pupil was suspended.
3. A teacher may also refer a pupil, for any of the acts enumerated
in Ed. Code Section 48900, to the principal or the principal’s
designee for the consideration of a suspension from the school.
http://www.utofp.org/faqs.htm - top
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19. If I am called to a meeting with one or more district
officials what should I know before I go?
1. Remember, your private life is your own. Read your Weingarten Rights.
2. You can expect to be treated in a professional manner. A meeting
between you and your supervisor should be held in a professional manner.
You should, therefore, not expect to be yelled at, or berated by an
administrator.
3. If you are called to a meeting with one or more district officials,
you are entitled to (1) know what the meeting is about, (2) know approximately
how long it will last, and (3) to have a representative accompany you
to the meeting.
4. If the occasion arises that the administrator wants to tape record
the meeting, you can decide yes or no. If he/she persists, demand a
copy of the tape, refuse to answer any questions without counsel and
state your objections on the tape.
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20. What are the guidelines for parent observations
and do I have to allow parent volunteers into my
classroom?
Per section 51101 of The California Ed Code, parents have a right "within
a reasonable period of time following making the request, to observe
the classroom or classrooms in which their child is enrolled or for
the purpose of selecting the school in which their child will be enrolled."
The law also states that, although parents may volunteer their time
and resources for the improvement of school facilities and school programs
under the supervision of district employees, they must have approval
to volunteer in the classroom from the classroom teacher. Moreover,
they are under the direct supervision, of the teacher, and although
volunteer parents may assist with instruction, the primary instructional
responsibility shall remain with the teacher.
This means that parents should never just walk into your classroom without
permission or an appointment. They should make an appointment with you
and generally stay for not longer than 5-10 minutes. Also, any parent
who visits a classroom more than once whether to observe or volunteer,
should have a negative tuberculosis test and a volunteer form filed
with the district.
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21. What are my rights as a probationary teacher?
You can read the following document provided by the CTA on "Rights
of Probationary Teachers."
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22. What is the Williams Case and how does it affect
me and my students?
In the Williams v. State of California Education lawsuit, the class
in this lawsuit has been defined as the following:
All students who are attending or will attend public elementary, middle
or secondary schools in California who suffer from one or more deprivations
of basic educational necessities. The specific deprivations are as follows:
A) a lack of instructional materials such that the student does not
have his or her own reasonably current textbook or educational materials,
in useable condition, in each core subject (1) to use in class without
sharing with another student; or (2) to use at home each evening for
homework;
B) a lack of qualified teachers such that (1) the student attends a
class or classes for which no permanent teacher is assigned; or (2)
the student attends a school in which more than 20% of teachers do not
have full, non-emergency teaching credentials; or (3) the student is
an English Language Learner ("ELL") and is assigned a teacher
who has not been specially qualified by the State to teach ELL students;
C) inadequate, unsafe and unhealthful school facilities such that (1)
the student attends classes in one or more rooms in which the temperature
falls outside the 65-80 degrees Fahrenheit range; or (2) the student
attends classes in one or more rooms in which the ambient or external
noise levels regularly impede verbal communication between students
and teachers; or (3) there are insufficient numbers of clean, stocked
and functioning toilets and bathrooms; or (4) there are unsanitary and
unhealthful conditions, including the presence of vermin, mildew or
rotting organic material;
D) a lack of educational resources such that (1) the school offers academic
courses and extracurricular offerings in which the student cannot participate
without paying a fee or obtaining a fee waiver; or (2) the school does
not provide the student with access to research materials necessary
to satisfy course instruction, such as a library or the Internet; or
E) overcrowded schools such that (1) the student is subject to a year-round,
multi-track schedule that provides for fewer days of annual instruction
than schools on a traditional calendar provide; or (2) the student is
bused excessive distances from his or her neighborhood school; or (3)
the student attends classes in one or more rooms that are so overcrowded
that there are insufficient seats for each enrolled student to have
his or her own seat or where the average square footage per student
is less than 25 square feet.
To find out more information you can visit http://www.cde.ca.gov/eo/ce/wc/index.asp
or www.decentschools.org.
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23. Am I protected if I file a complaint against the
district for noncompliance with or violating state or federal statutes,
rules or regulations?
Yes. Under Article XI of the contract, we have a responsibility to report
unsafe conditions to our immediate supervisor. Furthermore, California
Labor Codes 1102.5 and 98.6, protect any employee who discloses information
to a government or law enforcement agency where the employee has reasonable
cause to believe that the information discloses: 1. A violation of a
state or federal statute. 2. A violation or noncompliance with a state
or federal rule or regulation, or 3. With reference to employee safety
or health, unsafe working conditions or work practices in the employee's
employment or place of employment. This would include both William's
Case and Clean Restroom legislation. http://www.utofp.org/faqs.htm -
top
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24. What should I do if I am injured on the job?
You must report the accident to your school site administrator, complete
and accident/injury form, and submit it to Risk Management. You should
also call us at the RCTA office, and, if necessary, we might refer you
to a workers compensation attorney.
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27. I was evaluated last year and my principal wants
to evaluate me again this year. Can they?
It depends on your status as a teacher in the district and your prior
year evaluation. Permanent employees remaining in the same general assignment
and receiving a meets or exceeds standards of performance evaluation
one year shall not normally be evaluated in the succeeding year. Such
an employee may be scheduled for evaluation based upon justifiable reason(s)
communicated to the employee in writing.
By mutual agreement between the employee and the evaluator, the employee
may be evaluated once every five years (5) if the employee meets all
of the following criteria:
1. The employee must have obtained permanent status as a certificated
employee in Riverside Unified School District;
2. The employee must have been employed as a certificated employee in
the Riverside Unified School District for at least ten (10) years;
3. The employees most recent evaluation has been rated meets or exceeds
standards of performance;
4. If the employee teaches in a core academic subject area as defined
by the No Child Left Behind (NCLB) Act, the employee must be identified
as a Highly Qualified Teacher (HQT) in the subjects taught.
The evaluator or the employee may withdraw consent of this agreement
prior to the date designated for the identification of the primary evaluator
of the employee. Withdrawal of consent in accordance with this Article
is not subject to the grievance process.
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28. Can the school Literacy Coach observe or evaluate
my teaching?
Observations and evaluations are the job of the site administrator,
not RCTA members. RCTA unit members should not observe or evaluate other
members without their permission and should not be offering unsolicited
advice and feedback unless such advice or feedback is requested. As
a courtesy to each other as members who are in the same bargaining unit,
you should always ask about visiting another members classroom. Furthermore,
our Union Code of Conduct prohibits any member from negatively speculating
about a fellow unit member; therefore, no member may negatively disparage
another member to administration.
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29. My class size seems too big, how do I know if the
District is violating our class size ratio?
The RCTA's position on class size is: the smaller the better - for both
students and teachers. We all know that smaller class sizes contribute
to better student performance, more individualized teaching, and better
morale amongst staff because of the decreased workload. Read Article
12 for Class Size limits for Elementary, Middle, and High schools.
Should you feel there is a class size violation, please contact the
RCTA Office immediately.
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