At the November 15, 2023 Board of Trustees meeting, the District and the Cerritos College Faculty Federation (CCFF) each submitted “sunshine” proposals to initiate negotiations for the contractual period of July 1, 2024 - June 30, 2027 per Administrative Procedure (AP) 2610. 

The District's proposal included intentions to sunshine the following articles:

• Global changes to the contract to correct and update formatting
• Article 4 – Assignment
• Article 5 – Academic Freedom
• Article 7 – Academic Calendar
• Article 10 – Health and Welfare Benefits
• Article 11 – Department Chairs
• Article 12 – Program Directors
• Article 13 – Temporary Part-Time Faculty Reemployment/Assignment
• Article 16 – Evaluations
• Article 18 – Sick Leave
• Article 20 – Family Illness Leave
• Article 21 – Pregnancy Disability Leave
• Article 25 – Bereavement Leave
• Article 30 – Grievance Procedures
• New Article – Due Process

CCFF's proposal included intentions to sunshine the following articles:

• Article 4 – Assignment
• Article 5 – Academic Freedom
• Article 7 – Calendar
• Article 8 – Salary
• Article 10 – Benefits
• Article 11 – Chairs
• Article 13 – Part-Time Reemployment/Assignment
• Article 15 – Large Class Pay
• Article 29 – Reduced Workload Prior to Retirement
• Article 33 – Parking Permits
• Article 39 – Travel and Conference

The District and CCFF negotiation teams met on December 1, 2023 to initiate negotiations. The following items were discussed:

• Introductions of bargaining team and notetakers and meeting housekeeping
• The district and CCFF agreed that ground rules for negotiations would be set.
• The district informed CCFF that we would bring forth formal proposed ground rules at a future meeting.
• The district and CCFF agreed to negotiate in good faith and in a timely manner and discussed tentative negotiation dates and times through the Spring 2024 semester.
• The district and CCFF informed each other they would both plan to submit initial proposals at the next meeting.

The District and CCFF negotiation teams met on December 15, 2023. The following items were discussed:

• CCFF submitted initial proposals for the following articles:
  • Article 33: Parking Permits
  • Submitted counter proposal for Article 20: Family Illness Leave
  • CCFF stated they had a draft article ready to propose for the new Due Process article. The district requested for CCFF to not submit the draft article since it was on the district's sunshine proposal, but not CCFF's. 
  • CCFF stated their intent to submit a counter-proposal to Articles 25 and 30 at a later date.
  • CCFF submitted a counter-proposal to the District's proposed formal ground rules.

• The District submitted initial proposals for the following articles:
  • Article 20: Family Illness Leave
  • Article 25: Bereavement
  • Article 30: Grievances
  • The district stated intent to submit the newly proposed article for Due Process at a later date. 
  • Proposed a formal set of ground rules for negotiations
  • The district stated intent to submit a counter-proposal for Article 33.
  • The district stated intent to review CCFF's counter-proposal for ground rules, which was reviewed and sent back by CCFF after break-out on the same day.

Clarification was discussed regarding either parties' right to initial proposals, to which both parties reached agreement on. 

The district and CCFF negotiation teams met on January 19, 2024 for negotiations.

The following items were submitted from CCFF for negotiation:

• The district informed CCFF that they had reviewed the counter-proposal to the ground rules sent by CCFF on December 15, 2023. The district informed CCFF that they agreed to the changes submitted by CCFF and that a signed copy would be returned. 
  
  
• CCFF returned the district’s proposed article on Article 25: Bereavement Leave. CCFF proposed the following changes:
  
  • Making bereavement 5 days regardless of the relationship.
  • Expanding the definition of who bereavement can be taken for to include a family member, close friend, person related by blood or marriage, or whose domestic relations were close, or who was close friend, or person(s) who lived in the same domicile as the faculty member at the time of death.
    
    
• CCFF returned the district’s proposed article on Article 30: Grievances. CCFF proposed the following changes:
  
  • General language cleanup
  • Implementing a limit on extending the timeline of the informal grievance conference to no more than ten (10) before the unresolved grievance is escalated to the formal level.
  • Implementing a timeline of ten (10) days after the completion of an informal conference or extension of an informal conference timeline for the formal grievance to be submitted in writing.
  • Proposed modifying §30.5.5.4 to make the decision of an arbitrator in a Level V grievance final and binding in all cases, rather than being advisory to the Board of Trustees.  

The following item was submitted by the district for negotiation:

• The district proposed a new article, tentatively titled Article 42: Due Process. Below is a summary of the proposed article:
  • The purpose of the article is to ensure that due process rights of full-time faculty are observed during pre-disciplinary processes, including paid administrative leave and investigations, as well as the issuance of any corrective notice that does not involve any suspension/dismissal processes required by EdCode.
  • Outlined processes to be followed for issuance of corrective notices, investigations, and involuntary paid administrative leave
  • Ensures that full-time faculty have the right to representation for processes listed above

The district and CCFF negotiations teams met on February 2, 2024.

The district and CCFF reached a tentative agreement on Article 29: Reduced Workload Prior to Retirement. Article 29 was updated to state that Administrative Procedure 7210 will be followed for the application process and eligibility.

The following items were submitted from CCFF for negotiation:

• CCFF presented Article 15: Large Class Pay with the following proposed changes:
  • Proposed that a large class is considered 45 or more students as authorized by the course outline and record, rather than being 55 or more students enrolled at census.
  • Proposed changes to section 15.3 to make faculty assigned large class sections eligible for compensation either through additional load or through additional pay for the section
  • Proposed load factor of 1.5 for class sizes of 45-59 students and load factor of 2.0 for class sizes of 60 or more students
  • Proposed that large class pay is received at the overload rate based on the load factor
    
    
• CCFF countered the district’s proposed Article 42: Due Process, with the following proposed changes:
  • Proposed changing the new article name from “Due Process” to “Investigations and Discipline.”
  • Proposed language changes to include all faculty in the article, instead of only full-time faculty
  • Proposed changes throughout the article for specific progressive disciplinary processes to be followed.

The following items were submitted from the district for negotiation:

• The district returned Article 25: Bereavement with the following changes:
  • The district struck CCFF’s proposed language of expanding who bereavement leave can be taken for, noting concern that expansion beyond the current definition of “immediate family” and the indefinite nature of “domestic relations were close” and “close friend” are not readily susceptible to verification.
• The district returned Article 30: Grievances with the following changes:
  • The district accepted CCFF’s proposed general language cleanup.
  • The district accepted CCFF’s proposals to implement timelines on transitioning from an informal to a formal grievance process.
  • The district rejected CCFF’s proposal to make arbitration binding in all cases

The district and CCFF negotiation teams met on February 23, 2024 at 1:30pm.

The district provided the following information to CCFF:

• The district informed CCFF that the district had no new articles to propose or articles to return for the current meeting. However, the Due Process article is being worked on, and the modified article will likely be emailed before the next meeting.
• The district informed CCFF that with the Large Class Pay article they proposed, the district will need to see how it fits into the economic package as a whole.
• The district informed CCFF that the matter of part-time health insurance is still being addressed, and something will be coming soon. The district continues to receive evolving direction, prompting continued work on the draft article. 
• The district asked for CCFF’s feedback on how to proceed with Article 29: Reduced Workload Prior to Retirement, which was tentatively agreed upon in the February 2, 2024 meeting. The district and CCFF agreed to proceed with the process of modifying the Administrative Procedure.

CCFF provided the following items and information:

• CCFF sent back Article 30: Grievances, with the following:
• Agreed to district’s proposed changes from prior negotiations, with exception of whether arbitration is binding (the district had wanted status quo, and CCFF had wanted arbitration decisions to be binding in all areas).
• Proposed that Articles 4, 8, and 10 are added as items that are binding in arbitration.
• CCFF sent back Article 25: Bereavement, with the following:
  • Accepted the district’s strike on language of 25.1, but proposed adding fiancée and any person living in the unit member’s immediate household as immediate family members who bereavement leave of five (5) paid work days can be taken for.
  • Accepted the district’s strike on the language in 25.2, but proposed that paid leave days are increased from three (3) paid workdays to five (5) paid work not only for travel that is out-of-state, but also for travel that is two hundred (200) or more miles.
  • Proposed in Article 25.3 that a unit member shall be granted up to five (5) unpaid bereavement leave due to loss by death of any individual not identified in sections 25.1 and 25.2.
  • Proposed in Article 25.4 that a unit member may use accrued sick leave to remain in paid status during any unpaid bereavement leave. 
    
    
• CCFF proposed the following changes to Article 7: Academic Calendar:
  • Proposed in Article 7.4 that Academic Calendars will consist of 175 calendar days per section 4.1.1.(a), including 173 instruction and two (2) days of faculty FLEX obligation.
  • Proposed in Article 7.5 that the FLEX equivalent of one day will be eight (8) hours, and that Academic Calendar years with 173 days of instruction have a total of sixteen (16) hours of FLEX for training.
  • Proposed in Article 7.6 that when there is an Academic Calendar with fewer than 173 instruction days, FLEX training will be completed to meet the equivalency of 175 days. For example, if a calendar as 172 days instead of 173, FLEX will expand from sixteen (16) hours to twenty-four (24) hours.

The district and CCFF negotiations teams met on March 8, 2024 at 9:00am. 

CCFF provided the following item to the district:

• CCFF presented changes to Article 34: Academic Rank with the following changes:
  • Proposed changes to 34.1.1 that Lecturer will be the title for all part-time faculty and full-time non-tenure-track faculty at Cerritos College.
  • Proposed in 34.1.2 that the rank of Assistant Professor shall be the title for all full-time, tenure-track faculty upon initial employment at Cerritos College.
  • Proposed in 34.1.3 that the rank of Associate Professor shall be the title for all full-time tenured faculty who have not yet reached the rank of Professor at Cerritos College.
  • Proposed in 34.1.4 that the rank of Professor will be awarded to all full-time tenured faculty who have served as an Associate Professor for 6 years.
  • Proposed a rank of Professor Emeritus in 34.1.5. Requirements would include achieving the rank of Professor while employed with the district, that the member required in good standing, and that the rank would be conferred upon a retired faculty member after recommendation from Faculty Senate, approval from the Vice President of Academic Affairs, and affirmation by the Board of Trustees.
  • Proposed procedures to make advancement from one rank to the next automatic and only based on time served at the district.
  • Proposed that any exceptions to rank qualifications in 34.1 resulting in advancement to a higher rank must be recommended by the Faculty Senate and approved by the Vice President of Academic Affairs.
  • Proposed that the District shall notify each unit member and will distribute an official listing of academic rank designation of each regular and contract faculty member in September of each year.

During caucus, the district reviewed CCFF's proposed changes to Article 34: Due Process.

• The district passed back Article 34: Due Process, with the following changes:
  • Proposed an “umbrella” paragraph at the top of the article to avoid unintended consequences such as issues with accreditation. The umbrella paragraph would clarify that the academic rank is honorific and separate from minimum qualifications and the salary schedule.
    Proposed changes to 34.1.1 that Lecturer shall be the title for all temporary faculty (including part-time faculty and full-time non-tenured and non-tenure-track faculty) at Cerritos College.
  • Proposed changes to 34.1.2 for Assistant Professor, that Assistant Professor shall be the title for all full-time, tenure-track (probationary) faculty upon initial employment and during the first four-years of probationary employment at Cerritos College.
  • Proposed changes to 34.1.3 for Associate Professor, that Associate Professor shall the title for all full-time tenured faculty who have completed the probationary process but have yet to reach the rank of Professor at Cerritos College.
  • Proposed changes in 34.1.4 for the rank of Professor, that Professor shall be the title for all full-time tenured Faculty who have served a minimum of six (6) years, subsequent to being awarded tenure at Cerritos College. The district proposed that the requirement of “in good standing” also be added to advancement to the rank of Professor, similar to the “in good standing” requirement CCFF had proposed for Professor Emeritus.
  • For  Professor Emeritus, the district struck the requirement that the title is conferred upon a retired faculty member recommend by the Faculty Senate, approved by the Vice President of Academic Affairs, and affirmed by the Board of Trustees. The district accepted the other requirements proposed by CCFF that Professor Emeritus would be the title for retired faculty who achieved the title of Professor while at Cerritos College and retired in good standing.
  • The district proposed a new section in the article, 34.1.6, to add a definition to the requirement of “in good standing,” as it relates to the ranks of Professor and Professor Emeritus. The definition includes that the faculty member will have received satisfactory evaluation(s); has engaged in shared governance and institutional processes, including recognized service on department and college-wide committees, task-forces, and working groups responsible for improving student success through academic and student-service programs and activities.
  • The district struck the proposal from CCFF in Article 34.2.1 that advancement in rank shall be immediate and automatic. The district proposed that advancement be processed upon the request of the faculty verification, and after verification that the faculty member meets the qualifications in Article 34.1.
  • The district struck CCFF’s proposal in 34.2.2 that exceptions to the academic rank qualification could be approved with recommendation by Faculty Senate and approval by the Vice President of Academic Affairs. The district noted concern that an exception process that isn’t equally well-defined may be susceptible to abuse, particularly where protected classes may be at issue.
  • The district struck CCFF’s proposal in 34.2.3 that the district will notify each unit member, and proposed that the district will distribute an official listing of academic rank designation in the annual academic catalog. The district noted that it is working to streamline information that is posted to the Employee Directory, which can include rank, but that it is a work in progress and the district cannot commit and guarantee to doing that at this time.
  • The district struck article 34.2.4 noting that titles shall not be related to salary, since it is now covered in the newly proposed umbrella paragraph at the beginning of the article.

The district and CCFF negotiations teams met on March 22, 2024 at 9:00am.

The district provided the following information and items to CCFF:

• The district shared with CCFF at the beginning of the meeting that the district wants to hold off to the extent possible with bargaining on economic items and put those items in the “parking lot” to address later. The district said that due to the projected deficit at the state budget level, the district wants to err on the side of caution on not create a situation that further the fiscal impacts of the state deficit on the college. The district does intend to negotiate on economic matters since it is under the scope of bargaining, but without having adequate numbers yet on the budget, wants to ensure it is negotiating in good faith and does not over-promise.
• CCFF asked about extending the pilot program for part-time medical reimbursement during the current Spring semester. The district informed CCFF that we are willing to engage in those conversations, but will need more guidance from the Board of Trustees after the next meeting.
• The district passed back Article 42: Due Process, to CCFF with the following changes:
  • Struck the title change of "Investigations and Discipline" proposed by CCFF and switched the title back to Due Process. The district noted that this is not discipline in the traditional sense, plus, we cannot conflate or confuse the definitions of discipline under EdCode with the definitions in the article.
  • Struck CCFF's language throughout that these processes would only be applied related to the failure to meet the expectations as defined in Article 4: Assignment, and would apply when a member fails to meet professional standards. 
  • Struck the language of "Misconduct" and changed to "Investigations and Representation for All Unit Members."
  • Struck CCFF's proposal in 42.1 that there must be an identifiable source for investigations resulting from complaints, reports, or observations. The district noted that it's tentatively rejected because there is a need to be clear on whether the source would be identified before/during/after an investigatory interview.
  • The district struck changes throughout 42.1.1 of more specific notice requirements  proposed by CCFF. 
  • The district struck language proposed by CCFF in 42.1.2 and 42.1.3 of processes for learning new allegations prior to or after an interview. The district modified 42.1.2 to state that if the district learns new allegations, the unit member will be provided with at least five (5) business days prior to a subsequent interview.
  • The district proposed changes to 42.1.4 to change it from a Notice of Conclusion of Investigation to a Notice of Findings. 
  • The district proposed changes to 42.1.5 to state that the district shall provide an administrative determination and/or appeal rights to any unit member/complainant as may be required by the type of complaint.
  • The district proposed changes to Article 42.2 to state that it's at the district's discretion to place a unit member on an involuntary paid administrative leave during the pendency of an investigation and included circumstances where involuntary paid administrative leave may be appropriate. 
  • The district proposed language for a general notice of leave and the preservation of benefits, including a non-contact directive with an explanation to stay away from the workplace, with the exception of areas open to the public and CCFF areas. The district proposed an emergency circumstances exception for exclusion of all areas if the alleged conduct is related to violence, threats, etc.
  • The district struck CCFF's proposed language in 42.4 regarding the requirement for the District and CCFF to provide notice if a member chooses to represent themselves, and the requirement for the District to inform a unit member of their right to a CCFF representative. The remaining language states that unit members have representation rights at all stages of the process. 
  • Proposed changes in 42.5 and 42.6 to corrective notices shall be related to demonstrated failure to meet professional standards (not only limited to failure to meet standards in Article 4: Assignment). 
  • Proposed that corrective notices would be issued progressively, where appropriate. Struck language from CCFF regarding oral warnings. 
  • Proposed changes to 42.6.3 on written warnings, including that the warning will remain in the personnel file for two years (instead of one year) if similar conduct is not occur again. 
  • Struck language in 42.6.3 that limited written reprimands to Article 4: Assignment. 
  • Proposed language changes that the district may initiate improvement plans concurrent with any corrective notice, and that improvement plans are not limited to reprimands. 
  • Struck language in 42.6.5 that the district shall not utilize mandatory training as a corrective mechanism. 
  • Struck CCFF's proposed appendix of an Employee Notification Summary Form for investigations. 

The district at CCFF negotiations teams met on April 4, 2024 at 10:00am.

CCFF passed the following items to the district:

• Passed back Article 42: Due Process, with the following changes:
  • The district had previously struck the language proposed by CCFF That an investigation should be prompted by a complaint, report, or observation from an identifiable source. CCFF proposed changes to the language that the investigation is prompted by a source identifiable by the District.
  • Proposed changes throughout the article to define days as working days as opposed to business days.
  • Struck the district's proposed language in 42.1.1 that a notice of investigation will include a general statement on the matter being investigated, and proposed that a specific statement is included. 
  • Struck the "and/or" language in 42.1.1.2 from the district for notice of investigations, meaning that a notice would need to include a description of the subject matter and specific alleged conduct or actions at issue (as opposed to one or both of those items).
  • Struck the district's language in 42.1.1.4 of, "where possible, the basic details that incident(s) allegedly occurred" and proposed that it instead includes "A description (where/when/how) that incident(s) allegedly occurred."
  • Proposed language changes to 42.1.5 to state that a notice of administrative determination and appeal rights, when applicable, to any unit member/complainant as may be required by the type of complaint. CCFF noted that their changes to this section were intended to make it easier to read and understand.
  • Accepted language on paragraph regarding involuntary paid leave, but didn't accept the strike on the "if true" language. CCFF said they want that maintained like it is elsewhere so it's not giving weight to the allegations prior the investigations. 
  • Proposed in section 42.4 that a CCFF "Know Your Rights" flyer will be included with notices sent to unit members during an investigation.
  • Proposed in article 42.6 that no part of the video or audio recording or livestream of a distance education or HyFlex assignment may be used as evidence in or to initiate any type of disciplinary proceeding against the faculty member, nor shall it be accessed and/or utilized to view or review any part of the assignment for any reason, including a response to a complaint.
  • Proposed adding back in the originally proposed step of including an oral warning. Proposed the oral warning be a private meeting between the unit member and manager, and that the member will have the right to a CCFF representative or their own representation during the meeting.  The meeting shall be confidential, and during the meeting, the member shall be made aware of the reason for the warning, shall be provided with specific examples of the issue in performance, and may be provided a work plan that shall set for observable and measurable performance goals. 
  • Proposed changes to the written warning process to state that it would occur if an oral warning does not result in corrected performance. Proposed that a written warning shall include a confirmation of whether there was an oral warning, a description of the basis for the warning, and corrective steps. Proposed that a unit member may submit a written response to the Office of Human Resources no later than ten (10) working days after receipt of the written warning.
  • Proposed changes for a written reprimand process to include that it would occur if a written warning has occurred prior. Proposed that the language of "directives" is struck and replaced with "work plans." Proposed that the reprimand is removed from the personnel file upon request after three years, instead of four. 
• CCFF passed back Article 34: Academic Rank, with the following changes:
  • Added language in 34.1.1 to state that changes to the academic rank process would be effective July 1, 2024. In the event that a currently employed faculty member would be demoted in rank based on new definitions, the faculty shall retain their original rank (i.e., be grandfathered in).
  • Proposed changes in 34.1.2 to add examples of part-time faculty and temporary full-time faculty to notate who would have the rank of lecturer.
  • Proposed changes in 34.1.4 that full-time tenured faculty who have been granted the title of Professor at another accredited college or university may request the rank of Professor at Cerritos College. The rank of Professor shall be granted if it's verified that the unit member had the rank of Professor at another accredited college or university, and if the member has been awarded tenure at Cerritos College. Proposed that qualifications and procedures to obtain rank shall be recommended by the Faculty Senate and approved by the Vice President of Academic Affairs or designee.
  • Proposed changes to the district's newly proposed section that defines good standing. Proposed that the definition of good standing is that the member is still able to seek subsequent employment with the District. 
  • Struck the district's language in 34.2.1, proposed that advancement in rank shall be immediate and automatic upon meeting qualifications in 34.1 
  • Added in 34.2.3 that the academic rank designation the catalog will include each regular and contract faculty member.

The district provided the following items to CCFF:

• Proposed the following changes to Article 11: Department Chairs and Article 12: Program Directors:
  • Added a section in 11.3 for the removal of a Chair from their assignment when they are unwilling or unable to fulfill duties. Proposed that removal can occur either due to an extended absence, or based on documented performance deficiencies, after the issue of a corrective notice, as detailed in Article 42: Due Process. Upon removal, the assignment shall reflect the removal of assigned time. If removal results in under-load, the District shall take all reasonable efforts to find alternative assignments consistent with Article 4. 
  • Proposed language changes in 12.1 to state the District shall assign Program Directors as deemed necessary. 
  • Proposed language in 12.3 for a processing removing program directors, consistent with the proposed process for removal of Chairs proposed in 11.3. 
• Proposed the following changes to Article 18: Sick Leave:
  • Proposed section 18.12 on the exhaustion of Sick Leave and proposed creating a 39-month rehire list process that mirrors what is available to Classified personnel via Education Code 88195. 
• Proposed Article 20: Family Illness with the following changes:
  • Modified 20.1.1 to state that a full-time unit member is eligible to use a maximum of five days or 40 hours (changed from 3 days or 24 hours) of family illness leave in a fiscal year.
  • modified 20.1.2 to state that a part-time unit member will be granted one hour of Family Illness/Injury Leave for each 20 hours worked, not to exceed 40 hours in a fiscal year (changed from one hour per every 57 hours worked, not to exceed 24 hours in a fiscal year).
  • Added in 20.3 that if the need for family illness leave is foreseeable, the unit member shall provide reasonable advance notification. If the need for leave is unforeseeable, the unit member shall provide notice of the need for the leave as soon as practicable. Family illness leave is drawn from the accrued sick leave. 
  • The district noted that these modifications are being made due to recent amendment in the Healthy Workplaces Healthy Families Act and are consistent with SB616. 
• Proposed Article 21: Pregnancy Disability Leave, with the following changes:
  • Language cleanup including moving the eligibility and verification in 21.2 to 21.1, moving the section on reasonable accommodations to 21.2, and removing language regarding the duration and interaction with FMLA and CFRA that is covered in statute. 
  • Modified 21.3 to include that PDL will run concurrently not only with sick leave, but also with extended sick leave, as applicable. 
• Proposed Article 25: Bereavement, with the following changes:
  • Struck the language of "any person" living in the unit member's immediate household in 25.1.
  • Struck "out of state" from the proposal of "out of state travel or travel of two hundred (200) or more miles" to only be travel of two hundred or more miles.
  • Struck the proposal in 25.3 that a unit member shall be granted up to five (5) days of unpaid bereavement leave due to the loss by death of any individual not identified in sections 25.1 and 25.2.