10. See Praiser, supra, 87 Cal.App.4th page 405, 104 Cal.Rptr.2d 551 (”Since Section 44924 provides that workers cannot waive the benefits of [Chapter 4], the mandatory provisions of Section 44922, which provide additional benefits to workers, are governed by the parties` collective agreement. See also United Teachers, supra, 24 Cal.App.4th page 1517-1519, 29 Cal.Rptr.2d 897. Nor can the borough argue that the ”association leave” provision of the parties` governing contract replaces the rights recognized in Escobedo by Section 44987 (a). The association leave clause provides for the president of the association ”to have up to thirty-six days (36) days or a period of leave of [one hundred and eighty (180) periods of leave granted for the purposes of the association`s activity.” However, section 44924 provides, in a relevant part, with the exception of those not applicable here, that ”any contract or agreement entered into by a worker to waive the benefits of this chapter or part of it is null and void.” The chapter referred to is Chapter 4 (from Section 44800) part 25 of Division 3 of Title 2 of the Education Code, which defines the rights of certified workers and contains section 44987 a). Therefore, even if the association leave clause is considered to be for the same type of leave as section 44987 (a), the parties could not, by the framework contract, waive Escobedo`s right to leave under Section 44987 (a)10.10 ”The application in this case was not an attempt to comply with the collective agreement. , but the act of control[Therefore, the petitioner was not required to exhaust administrative remedies before seeking a fair discharge in court. 9 TRACY – A three-year contract in which Brian Stephens was named the next superintendent of Tracy Unified Schools was approved Tuesday night by the district school board with an abstention and absence. In addition, the Board of Directors unanimously approved a preliminary agreement with its teachers` union, which grants them a 3 per cent pay increase retroactive to July 1. 2013.Stephens, currently superintendent of the Delhi Unified District School in Merced County, will officially take the reins of retired Tracy Superintendent James Franco on July 1. Stephens` allowance will include $180,000 per year for 225 working days plus annual scholarships of $1,697 for his master`s degree and $3,395 for his doctorate in education; $500 per month for personal vehicle costs, plus an additional $500 per month for district incidental costs; $8,162 worth of health care and 22 days off and 12 sick days per year. The board also approved a plan that will pay Stephens $800 a day – his daily allowance based on his new salary – up to 10 days until the end of June to work with Franco during his change of management.
It was very nice of the board to do that,” Stephens said in a brief interview Wednesday.