Common use of ADDITIONAL DELINEATIONS Clause in Contracts

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she shall present his/her written decision to the grievant and the District. In the case of issues subject to binding arbitration the decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory decision of the arbitrator to the Board of Trustees within thirty (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (45) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step. 4.4.10 Other matters for which a method of review is provided by law such as claims of discrimination or retaliation under any of the following acts: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication of AFT Rights, as specified in Article XII.

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she shall present his/her written decision to the grievant and the District. In the case of issues subject to binding arbitration the decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory decision of the arbitrator to the Board of Trustees within thirty (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (45) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step. 4.4.10 Other matters for which a method of review is provided by law such as claims of discrimination or retaliation under any of the following acts: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication of AFT Rights, as specified in Article XII.

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-properly filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she they shall present his/her their written decision to the grievant and the District. In the case of issues subject to binding arbitration the decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory decision of the arbitrator to the Board of Trustees within thirty (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (45) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her them by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step. 4.4.10 Other matters for which a method of review is provided by law such as claims of discrimination or retaliation under any of the following acts: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication of AFT Rights, as specified in Article XII.

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she shall present his/her written decision to the grievant and the District. In the case of issues subject to binding arbitration the decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory The decision of the arbitrator to advisory arbiter shall stand unless reversed by the Board of Trustees within thirty ninety (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (4590) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step.. Implementation of Article V Effective Fall Semester, 1999 4.4.10 Other matters for which a method 5.1 Adjunct faculty" shall be used in this Agreement to mean temporary faculty as defined in California Education Code Section 87482.5. This definition shall also apply to tenured/tenure-track faculty who hold overload or other assignments outside of review is provided their regular contract assignment. Unless specifically stated to the contrary, the term “faculty” in Article V of this Agreement shall pertain to adjunct faculty. Temporary assignments of adjunct faculty will be made by law such as claims of discrimination or retaliation under any management (within the limitations of the following acts: Title VII of the Civil Rights Act of 1964procedures set forth below) and shall be compensated as outlined in Article VIII. Except as delineated in this Agreement, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination adjunct faculty have no rights other than those provided in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, Education Code. The District reserves the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication right of AFT Rights, as specified in Article XIIassignment.

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-filed properly -filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she shethey shall present his/her hertheir written decision to the grievant and the District. In the case of issues subject to binding arbitration the decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory decision of the arbitrator to the Board of Trustees within thirty (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (45) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her herthem by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step. 4.4.10 Other matters for which a method of review is provided by law such as claims of discrimination or retaliation under any of the following acts: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication of AFT Rights, as specified in Article XII.

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 The decision of the advisory arbiter shall stand unless reversed by the Board of Trustees within ninety (90) days. Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she shall present his/her written decision to the grievant and the District. In the case of issues subject to binding arbitration the decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory decision of the arbitrator to the Board of Trustees within thirty (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (45) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step. 4.4.10 Other matters for which a method of review is provided by law such as claims of discrimination or retaliation under any of the following acts: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication of AFT Rights, as specified in Article XII. ARTICLE V - ADJUNCT FACULTY 5.1 Adjunct faculty" shall be used in this Agreement to mean temporary faculty as defined in California Education Code Section 87482.5. This definition shall also apply to tenured/tenure-track faculty who hold overload or other assignments outside of their regular contract assignment. Unless specifically stated to the contrary, the term “faculty” in Article V of this Agreement shall pertain to adjunct faculty. Temporary assignments of adjunct faculty will be made by management (within the limitations of the procedures set forth below) and shall be compensated as outlined in Article VIII. Except as delineated in this Agreement, adjunct faculty have no rights other than those provided in the California Education Code. The District reserves the right of assignment.

ADDITIONAL DELINEATIONS. 4.4.1 Individuals involved in the grievance procedure, whether as a grievant, a witness, a representative of AFT or otherwise, shall not suffer any restraint, interference, discrimination, coercion, or reprisal as a result of any legal participation in the grievance. 4.4.2 During the course of any investigation of a properly-filed grievance, the District shall cooperate and furnish such public information as requested in accordance with this procedure. 4.4.3 A grievant may withdraw the grievance at any level. In any event, the withdrawal of a grievance shall not constitute a precedent which may affect any similar cases occurring thereafter. 4.4.4 Within forty-five (45) calendar days after final submission of the grievance to the arbitrator, he/she shall present his/her written decision to the grievant and the District. In the case of issues subject to binding arbitration the tThe decision shall be final and binding upon the parties in the dispute. In the case of issues submitted to advisory arbitration, either the grievant or the District may appeal the advisory decision of the arbitrator to the Board of Trustees within thirty (30) days after receipt of such advisory decision. Thereafter, the Board of Trustees shall make the final decision within forty-five (45) days. The arbitrator will have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but will determine only whether or not there has been a violation, misapplication, or misinterpretation of the express provisions of this Agreement in the manner alleged in the grievance. The arbitrator shall have no power to establish salary structures. The decision of the arbitrator will be based solely upon the evidence and arguments presented to him/her by the parties in the presence of each other and upon arguments presented in briefs. The arbitrator shall not consider any issue raised by the grievant unless it was known by the District in an earlier step of this grievance procedure. The arbitrator shall have no power to render an award on any grievance initiated before the ratification of this Agreement by both parties. 4.4.5 If a grievant files any claim or appeal on the same matter through any process within or outside the District, the District and AFT shall not be required to process the same claim or appeal under this procedure. 4.4.6 Time limits may be extended by mutual agreement. 4.4.7 Failure of the District to act within the prescribed time limit will cause the matter to automatically proceed to the next step. 4.4.8 An investigation or other handling or processing of any grievance by the grievant shall be conducted so as to result in minimal interference with, or interruption of, the instructional program and related work activities of the grieving employee or staff. 4.4.9 The grievant shall have the right to be accompanied by the an AFT representative at each step. 4.4.10 Other matters for which a method of review is provided by law such as claims of discrimination or retaliation under any of the following acts: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (including the ADA Amendments Act of 2008), the Age Discrimination in Employment Act, the Equal Pay Act, the Occupational Safety and Health Act, the California Occupational Safety and Health Act, the California Fair Employment and Housing Act, the Uniformed Services Employment and Reemployment Rights Act, the Educational Employment Relations Act, or Workers' Compensation; are excluded from this procedure. AFT, however, may file a grievance over an alleged violation, misinterpretation, or misapplication of AFT Rights, as specified in Article XII.