AVSTA CSEA-CONTRACT-March 9, 2022
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Memorandum of Understanding Between the Antelope Valley Schools Transportation Agency and Galifornia School Employees Association and its United Schools Transportation Employees Chapter #652 Regarding Recording Dispatch Radio Gommunications
This Memorandum of Understanding ("MOU") is entered into this )yn day of February 2022, by and between Antelope Valley Schools Transportation Agency ("Agency") and Classified School Employees Association and its United Schools Transportation Employees Chapter #652 ("CSEA") (collectively referred to herein as the "Parties") regarding recording dispatch radio communications. WHEREAS, the collective bargaining agreement ("CBA"), Article 26, Agency Rights, Section 26.0.10, between the Agency and the Association provides the Agency with the management right to implement "[s]afety and security measures for students, the public, properties, facilities, vehicles, materials, supplies and equipment, . " as well as, that the Agency retains "sole discretion" to "determine, implement, supplement, change, modify or discontinue, in whole or in part, temporarily or permanently" the "[s]ecurity and safety measures and rules for employees." (Article 26, Agency Rights, Section 26.1.) WHEREAS, on or about January 19,2022, the Agency noticed CSEA that the Agency intends to record the audio communications made on its school bus dispatch system, including all incoming dispatch transmissions, beginning January 24,2022. WHEREAS, the Parties met on January 28,2022, to discuss reasonably foreseeable effects of implementing this management decision. While the recorder has been installed to monitor the efficacy of the Agency radio communications system, and not for disciplinary purposes, the recording of dispatch radio communications may be used to detect employee misconduct. However, the Parties agree that installing the recording devices does not introduce a new work rule or ground for discipline, alter an existing rule or ground, or modify established bases for discipline. Notices will be placed on all relevant Agency radio equipment informing the unit member that their communications are being recorded. Access to the recordings will be limited to Agency personnelwho need access to perform their job duties. The Parties recognize that recordings may also be disclosed pursuant to state and federal laws, including, but not limited to, Public Records Act requests and lawfully issued subpoenas. While subject to change, the recordings of dispatch communications will be maintained by the Agency for a minimum of six (6) months. I 2. 3. IT IS, THEREFORE, NOWAGREED BYAND BETWEEN THE PARTIES THAT:
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