RIGHTS OF THE DISTRICT. Section 1. Subject to the specific terms and conditions of this Agreement, the District retains and reserves unto itself, without limitation, all of the rights, authority, duties, and responsibilities conferred upon it and vested in it by the laws and Constitution of the State of California to direct, manage and control the affairs of the District. Such rights of the District include, but are not limited to: (a) The right to determine its organizational structure and to delegate its rights and responsibilities to the President, and to such other officials, persons, institutes, divisions and committees it shall from time to time determine; (b) The right to determine its financial structure including (i) all decisions and conditions relating to all sources of District income; (ii) all investment policies and practices; and, (iii) all budgetary matters and procedures, to wit, the budget calendar, the budget formation process, accounting methods, payroll practices, fiscal and budget control policies and procedures, and all budgetary allocations, reserves and expenditures; (c) The right to acquire, administer, and dispose of all District property whether real or personal and whether owned, leased or otherwise controlled, including all land, buildings, facilities, grounds, fixtures, machinery and other improvements; (d) The right to determine all services to be rendered to the students and to the public, including the nature, methods, quantity, quality, frequency and standards of service and the personnel, facilities, vendors, suppliers, materials, vehicles, equipment, and tools to be used in connection with such services, the contracting of services to be rendered and functions to be performed, including educational support, educational aids and devices, structural maintenance and repair services; (e) The right to determine the utilization of personnel, including the determination of the number of Adjunct Faculty Member positions, the addition or elimination of personnel, the determination of the use of certificated management and supervisory personnel, the selection of Adjunct Faculty Members, the determination of the assignment and reassignment of all Adjunct Faculty, and management and supervisory employees of the District; (f) The right to establish educational policies, goals and objectives based on the District’s mission and the right to determine all matters related to student personnel services; (g) The right to determine the assignment of Adjunct Faculty Members to work schedules, functions and activities and the right to determine assignment of Faculty Members to courses to be taught, laboratories and other facilities and equipment, and offices; (h) The right to adopt reasonable rules and regulations, including rules and regulations for Adjunct Faculty Members and rules and regulations related to safety and security matters; Adjunct Faculty Members shall be notified by email of significant changes to administrative procedures. Section 2. The exercise of the rights under this Article is not subject to the grievance procedures of this Agreement. Section 3. If the District does not exercise any of the rights set forth in Section 1 of this Article, it shall not be precluded from exercising such right at a later time.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
RIGHTS OF THE DISTRICT. Section 1. Subject to Except as limited specifically by the specific express terms and conditions of this Agreement, the District retains and reserves unto itself, without limitation, all of the rights, authority, duties, rights and responsibilities authority conferred upon it and vested in it by the laws and Constitution of the State of California to direct, manage manage, and control the affairs of the District. Such rights of the District include, but are not limited to:
(a) The right to determine its organizational structure and to delegate its rights and responsibilities to the President, Superintendent-President and to such other officials, persons, institutesdivisions, divisions departments, and committees as it shall determine from time to time determinetime;
(b) The right to determine its financial structure including (i) all decisions and conditions relating to all sources of District income; , (ii) all investment policies and practices; and, and (iii) all budgetary matters and procedures, to wit, the budget calendar, the budget formation processprocess (subject to Article 21, Section 6, respecting budget requests), accounting methods, payroll practices, fiscal and budget control policies and procedures, and all budgetary allocations, reserves reserves, and expenditures;
(c) The right to acquire, administer, and dispose of all District property whether real or personal and whether owned, leased leased, or otherwise controlled, including all land, buildings, facilities, grounds, fixtures, machinery machinery, and other improvements;
(d) The right to determine all services to be rendered to the students and to the public, including the nature, methods, quantity, quality, frequency frequency, and standards of service service, and the personnel, facilities, vendors, supplierssupplies, materials, vehicles, equipment, and tools to be used in connection with such servicesservice, the contracting of services to be rendered and functions to be performed, including educational support, educational aids and devices, structural maintenance maintenance, and repair services;
(e) The right to determine the utilization of personnel, including including:
(1) the determination of the number of Adjunct Faculty Member positions, ,
(2) the addition or elimination selection and utilization of personnel, personnel not covered by this Agreement,
(3) the determination of the use of certificated management personnel to perform teaching and supervisory personnel, other work that is also performed by Faculty Members covered by this Agreement,
(4) the selection of Adjunct Faculty MembersMembers subject to the provisions of Article 4, Section 5,
(5) the determination of the assignment and or reassignment of all Adjunct Faculty, and certificated management and supervisory employees of the DistrictDistrict to positions covered by this Agreement shall be subject to the provisions of the Education Code, and, in cases where such reassignment results in the layoff of a Full-Time Faculty Member, shall be subject to the competency criteria as specified in Article 6, Section 3;
(f) The right to establish educational policiesmake final determinations on all matters relating to the instructional program of the College, goals and objectives based on subject to the referral of certain specific matters to joint District’s mission -Federation Committees or to the Academic Senate or the General Curriculum Committee or the procedures for textbook selection as otherwise provided by this Agreement, and the right to determine all matters related to student personnel services;
(g) The right to determine make final determinations regarding the assignment of Adjunct Faculty Members to work schedules, functions functions, and activities activities, and the right to determine the assignment of Faculty Members to courses to be taught, laboratories classrooms, laboratories, and other facilities and equipment, and offices, subject to Articles 8, 9, and 10 and Appendix A of this Agreement;
(h) The right to adopt reasonable rules and regulations, including rules and regulations for Adjunct Faculty Members and rules and regulations related to safety and security matters; Adjunct Faculty Members shall be notified by email ;
(i) The right to determine the requirements for, management and control of significant changes to administrative proceduresDistrict facilities, such as the food service centers and the bookstore.
Section 2. (j) The exercise of the rights under this Article is not subject any right reserved to the grievance procedures District herein in a particular manner or the non-exercise of this Agreement.
Section 3. If any such right shall not waive such right or preclude the District does not exercise any of the rights set forth in Section 1 of this Article, it shall not be precluded from exercising such the right at in a later timedifferent manner.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
RIGHTS OF THE DISTRICT. Section 1. Subject to the specific terms and conditions of this Agreement, the District retains and reserves unto itself, without limitation, all of the rights, authority, duties, and responsibilities conferred upon it and vested in it by the laws and Constitution of the State of California to direct, manage and control the affairs of the District. Such rights of the District include, but are not limited to:
(a) The right to determine its organizational structure and to delegate its rights and responsibilities to the PresidentChancellor, to the Presidents, and to such other officials, persons, institutes, divisions divisions, departments and committees it shall from time to time determine;
(b) The right to determine its financial structure including (i) all decisions and conditions relating to all sources of District income; (ii) all investment policies and practices; and, (iii) and all budgetary matters and procedures, to wit, the budget calendar, the budget formation process, accounting methods, payroll practices, fiscal and budget control policies and procedures, and all budgetary allocations, reserves and expenditures;
(c) The right to acquire, administer, and dispose of all District property whether real or personal and whether owned, leased or otherwise controlled, including all land, buildings, facilities, grounds, fixtures, machinery and other improvements;
(d) The right to determine all services to be rendered to the students and to the public, including the nature, methods, quantity, quality, frequency and standards of service and the personnel, facilities, vendors, suppliers, materials, vehicles, equipment, and tools to be used in connection with such servicesservice, the contracting of services to be rendered and functions to be performed, including educational support, educational aids and devices, structural maintenance and repair services;
(e) The right to determine the utilization of personnel, including the determination of the number of Adjunct Faculty Member positions, the addition or elimination of personnelFaculty Member positions and the selection and utilization of personnel not covered by this Agreement, the determination of the use of certificated management and supervisory personnel, the selection of Adjunct Faculty Members, the determination of the assignment and or reassignment of all Adjunct Faculty, and certificated management and supervisory employees of the District;
(f) The right to establish educational policies, goals and objectives (except as provided in Article V, Section 12 (a) based on the District’s 's mission and the right to determine all matters related to student personnel services;
(g) The right to determine the assignment of Adjunct Faculty Members to work schedules, functions and activities and the right to determine assignment of Faculty Members to courses to be taught, laboratories and other facilities and equipment, and offices, subject to conditions set forth in Article XII;
(h) The right to adopt reasonable rules and regulations, including rules and regulations for Adjunct Faculty Members and rules and regulations related to safety and security matters; Adjunct Faculty Members shall be notified by email of significant changes ;
(I) The right to administrative proceduresdetermine the requirements for and to manage and control all District facilities, including cafeterias or food service centers and the bookstore.
Section 2. The exercise of the rights Rights under this Article is are not subject to the grievance procedures procedure of this Agreement.
Section 3. If the District does not exercise any of the rights set forth in Section 1 l of this Article, it shall not be precluded from exercising such right at a later time.
Appears in 1 contract
Samples: Collective Bargaining Agreement
RIGHTS OF THE DISTRICT. Section 1. Subject to the specific terms and conditions of this Agreement, the District retains and reserves unto itself, without limitation, all of the rights, authority, duties, and responsibilities conferred upon it and vested in it by the laws and Constitution of the State of California to direct, manage and control the affairs of the District. Such rights of the District include, but are not limited to:
(a) The right to determine its organizational structure and to delegate its rights and responsibilities to the President, and to such other officials, persons, institutes, divisions and committees it shall from time to time determine;
(b) The right to determine its financial structure including (i) all decisions and conditions relating to all sources of District income; (ii) all investment policies and practices; and, (iii) all budgetary matters and procedures, to wit, the budget calendar, the budget formation process, accounting methods, payroll practices, fiscal and budget control policies and procedures, and all budgetary allocations, reserves and expenditures;
(c) The right to acquire, administer, and dispose of all District property whether real or personal and whether owned, leased or otherwise controlled, including all land, buildings, facilities, grounds, fixtures, machinery and other improvements;
(d) The right to determine all services to be rendered to the students and to the public, including the nature, methods, quantity, quality, frequency and standards of service and the personnel, facilities, vendors, suppliers, materials, vehicles, equipment, and tools to be used in connection with such services, the contracting of services to be rendered and functions to be performed, including educational support, educational aids and devices, structural maintenance and repair services;
(e) The right to determine the utilization of personnel, including the determination of the number of Adjunct Faculty Member positions, the addition or elimination of personnel, the determination of the use of certificated management and supervisory personnel, the selection of Adjunct Faculty Members, the determination of the assignment and reassignment of all Adjunct Faculty, and management and supervisory employees of the District;
(f) The right to establish educational policies, goals and objectives based on the District’s mission and the right to determine all matters related to student personnel services;
(g) The right to determine the assignment of Adjunct Faculty Members to work schedules, functions and activities and the right to determine assignment of Faculty Members to courses to be taught, laboratories and other facilities and equipment, and offices;
(h) The right to adopt reasonable rules and regulations, including rules and regulations for Adjunct Faculty Members and rules and regulations related to safety and security matters; Adjunct Faculty Members shall be notified by email of significant changes to administrative procedures.;
Section 2. The exercise of the rights under this Article is not subject to the grievance procedures of this Agreement.
Section 3. If the District does not exercise any of the rights set forth in Section 1 1. of this Article, it shall not be precluded from exercising such right at a later time. Page 4 Collective Bargaining Agreement Adjunct Association CODAA/CCA/CTA/NEA
Section 1. Association representatives shall have the right to reasonable use of District facilities at times other than normal working hours and/or hours of student instruction for the purposes of transacting lawful Association business provided such use does not interfere with the District operation or duties of unit members, and, provided further such authorized Association representatives first fully comply with the appropriate District Use of Campus Facilities procedures.
Section 2. Authorized Association representatives shall have the right to post notices with appropriate Association identification regarding activities and matters of legitimate Association concern on designated bulletin boards, at least one of which shall be provided at each site in areas frequented by unit members. In addition, and to the extent permitted by law, the Association shall have the right to use the District internal mail service, mail boxes, and email addresses for communications to unit members concerning activities and matters of legitimate Association concern. Copies of all materials posted or distributed shall be mailed or emailed to the Superintendent/President or designee. The official method of communication for the Desert Community College District is e-mail. The District may use additional methods of communication but all employees are expected to check their email account provided by the District on a regular basis.
Section 3. Any Adjunct Faculty Member who is a member of the Association, or who has applied for membership, may sign and have delivered to the college administration an assignment authorizing deduction of CODAA/CCA/CTA/NEA dues in the Association. If so stated on the authorization, such authorization shall continue in effect from year to year unless revoked in writing between July 1 and September 1 of any year. Pursuant to such authorization, deductions shall be made on a uniform basis so that an equal portion of the annual dues amount is deducted from each pay warrant.
Section 4. With respect to all sums deducted by the District pursuant to authorization of the Adjunct Faculty Member, the District agrees to remit monthly, within a reasonable time period, such monies to the Association’s designee. Each month the District shall provide an alphabetical list of Adjunct Faculty Members for whom such deductions have been made.
Section 5. Distribution of the monthly Board packet and Board agenda for all special meetings shall be sent via email to the President, CODAA, CCA/CTA/NEA. Such Board packets shall include those public documents regularly distributed to the Board of Trustees.
Section 6. All current Adjunct Association bargaining Unit Members shall receive copies of the initial collective bargaining agreement within sixty calendar days of its final ratification by both Parties. All new unit members shall receive
Section 7. Upon written request from the Association, and within the limitations imposed by the utilization of the County of Riverside Educational Data Processing System, District shall provide current lists of the names, telephone numbers and addresses of unit members each semester. These lists will be forwarded as early in each semester as current processing capabilities allow.
Section 8. Reassign/Release Time for Association Business. The Association shall be given 90 hours of reassign time paid by the District per fiscal year to conduct Association business. The Association President will provide a preliminary list to the District 14 calendar days prior to the start of the Fall and Spring Semesters of the names of the Association members who will receive the reassign time. This reassign time will be paid at the individual’s lab rate.
Appears in 1 contract
Samples: Collective Bargaining Agreement
RIGHTS OF THE DISTRICT. Section 1. Subject to Except as limited specifically by the specific express terms and conditions of this Agreement, the District retains and reserves unto itself, without limitation, all of the rights, authority, duties, rights and responsibilities authority conferred upon it and vested in it by the laws and Constitution of the State of California to direct, manage manage, and control the affairs of the District. Such rights of the District include, but are not limited to:
(a) The right to determine its organizational structure and to delegate its rights and responsibilities to the President, Superintendent-President and to such other officials, persons, institutesdivisions, divisions departments, and committees as it shall determine from time to time determinetime;
(b) The right to determine its financial structure including (i) all decisions and conditions relating to all sources of District income; , (ii) all investment policies and practices; and, and (iii) all budgetary matters and procedures, to wit, the budget calendar, the budget formation processprocess (subject to Article XXI, Section 6, respecting budget requests), accounting methods, payroll practices, fiscal and budget control policies and procedures, and all budgetary allocations, reserves reserves, and expenditures;
(c) The right to acquire, administer, and dispose of all District property whether real or personal and whether owned, leased leased, or otherwise controlled, including all land, buildings, facilities, grounds, fixtures, machinery machinery, and other improvements;
(d) The right to determine all services to be rendered to the students and to the public, including the nature, methods, quantity, quality, frequency frequency, and standards of service service, and the personnel, facilities, vendors, supplierssupplies, materials, vehicles, equipment, and tools to be used in connection with such servicesservice, the contracting of services to be rendered and functions to be performed, including educational support, educational aids and devices, structural maintenance maintenance, and repair services;
(e) The right to determine the utilization of personnel, including including
(1) the determination of the number of Adjunct Faculty Member positions, ,
(2) the addition or elimination selection and utilization of personnel, personnel not covered by this Agreement,
(3) the determination of the use of certificated management personnel to perform teaching and supervisory personnel, other work that is also performed by Faculty Members covered by this Agreement,
(4) the selection of Adjunct Faculty MembersMembers subject to the provisions of Article IV, Section 5,
(5) the determination of the assignment and or reassignment of all Adjunct Faculty, and certificated management and supervisory employees of the DistrictDistrict to positions covered by this Agreement shall be subject to the provisions of the Education code, and, in cases where such reassignment results in the layoff of a Full-Time Faculty Member, shall be subject to the competency criteria as specified in Article VI, Section 3;
(f) The right to establish educational policiesmake final determinations on all matters relating to the instructional program of the College, goals and objectives based on subject to the referral of certain specific matters to joint District’s mission -Federation Committees or to the Academic Senate or the General Curriculum Committee or the procedures for textbook selection as otherwise provided by this Agreement, and the right to determine all matters related to student personnel services;
(g) The right to determine make final determinations regarding the assignment of Adjunct Faculty Members to work schedules, functions functions, and activities activities, and the right to determine the assignment of Faculty Members to courses to be taught, laboratories classrooms, laboratories, and other facilities and equipment, and offices, subject to Articles VIII, IX, and X and Appendix A of this Agreement;
(h) The right to adopt reasonable rules and regulations, including rules and regulations for Adjunct Faculty Members and rules and regulations related to safety and security matters; Adjunct Faculty Members shall be notified by email ;
(i) The right to determine the requirements for, and management and control of significant changes to administrative procedures.
Section 2District facilities, such as the food service centers and the bookstore. The exercise of the rights under this Article is not subject any right reserved to the grievance procedures District herein in a particular manner or the non-exercise of this Agreement.
Section 3. If any such right shall not waive such right or preclude the District does not exercise any of the rights set forth in Section 1 of this Article, it shall not be precluded from exercising such the right at in a later timedifferent manner.
Appears in 1 contract
Samples: Collective Bargaining Agreement
