Common use of ASSOCIATION AND TEACHER RIGHTS Clause in Contracts

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx to Act 379 of the Public Acts of 1965, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. The Association represents all employees in the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use school buildings at reasonable hours for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principal. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Association on school premises so long as they would not distract from the proper performance of his/her duties. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention of the Association if the settlement is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. The Association represents all employees in the bargaining unit. C. All employees teachers in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Associationshall, or to not become a member of the Association. Paying association dues is not as a condition of their employment; , either become and remain members of the Association or pay a representation fee to the Association in an employee cannot amount equal to its regular annual dues (including those of the Michigan Education Association [MEA] and will not National Education Association [NEA]). All representation fees paid hereunder shall be terminated because the employee chooses or chooses not to pay association duesheld in a separate trust account and be used exclusively for scholarship purposes. If an employee chooses not to become an Association member he/she will remain Such scholarship funds shall be administered by a bargaining unit memberthree (3) person committee, remain entitled to representation two (2) of whom shall be appointed by the Association, remain covered Association and one (1) by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate disciplineBoard. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. C. The Association and its members shall have the right to use school buildings at reasonable hours for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principal. F. D. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. E. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Annual Financial Information Database Report (FID ReportForm B), ; Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, self and spouse, self and children, single, etc.); projected student enrollments, if available; and information for the processing of grievances. I. F. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. G. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. H. No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Association on school premises so long as they are in good taste and would not tend to distract from the proper performance of his/her his duties. L. I. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, creed, sex, color, marital status or national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. J. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled adjusted without intervention of the Association if the settlement adjustment is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlementadjustment. N. K. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent Superintendent in writing with no repercussions or disciplinary actionwriting. O. L. School social workersSocial Workers, school counselors School Counselors and speech Speech and language therapists Language Therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals teachers for these positions; however, the most qualified professional staff will be selected.

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. The Association represents all employees in the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use school buildings at reasonable hours for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principal. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), ) Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Association on school premises so long as they are in good taste and would not tend to distract from the proper performance of his/her duties. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, creed, sex, color, marital status or national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled adjusted without intervention of the Association if the settlement adjustment is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlementadjustment. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary actionwriting. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals teachers for these positions; however, the most qualified professional staff will be selected.

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965Employment Relations Act, Michigan Compiled Laws 423.201 et seq., the Board hereby agrees that every employee of the Board teacher shall have the right to freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, discourage or deprive or coerce any teacher bargaining unit member in the enjoyment of any rights conferred by Act 379 336 or other laws of Michigan, of Michigan or the Constitutions of Michigan and the United States; that it . The Board will not discriminate against any teacher bargaining unit member with respect to hours, wages, hours or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional Association, negotiations with the Board, nor Board or his/her institution of any grievance. No provisions of this contract will discriminate against a person because of the reasons of race, complaint sex, age, marital status or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentresidence. B. The Association represents all employees in Subject to administration approval, the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use a room within the school buildings at reasonable hours building to transact official Association business when this room is not previously scheduled for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principalother events. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the C. No bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher member shall be prevented from wearing insignia, pins or other identification of membership in the Association either on or off school premises so long as premises. The bargaining unit members shall have available to them at the Board's expense, a bulletin board within their lounge for the dissemination of Association materials plus the use of inter and intra-building communication systems, at no cost to the school district. The school district assumes no responsibility for the Association's use of the communications system. D. The Board agrees to furnish to the Association, in response to reasonable written request from time to time, all readily available information concerning the financial resources of the district, but will not be obligated to compile statistical information, which has not been previously compiled to conform with the specifications of the Association. The Board agrees to make the Board agenda available to the Association in the same manner and form that they would are made available to the Board's members. E. Religious or political activities or the lack thereof, shall not distract from be grounds for any disciplinary action provided such activities do not occur while in the proper performance of employee responsibility or duty. F. A bargaining unit member shall at all times be entitled to have present a representative of the Association when he/she is being reprimanded, warned or disciplined or any infraction of discipline or delinquency in professional performance. In all cases the Association must be notified in writing within ten workdays that a written reprimand has been placed in the bargaining unit member's file. G. Each bargaining unit member shall have the right, upon written request, to review the contents of his/her dutiesown personnel file, except for written recommendations and other documents which may be restricted under law. A representative of the Association may, at the bargaining unit member's request, accompany the bargaining unit member in this review. Each bargaining unit member may insert into his/her file written comments regarding any charges, evaluations, reprimands or commendations. L. Consistent with the Code H. Bargaining unit members will be notified immediately of Ethics any written complaints that have been placed against them by a parent of a student, student, member of the Education Professioncommunity or other teacher. All written complaints must be presented to the bargaining unit member within thirty (30) calendar days of the receipt of the complaint. All written complaints will be filed with signatures of the complainant attached. I. Bargaining unit members shall be informed of a telephone number and/or a website address they must contact before 6:30 A.M. to report unavailability for work and a reserve contact telephone number for extenuating circumstances. Once a bargaining unit member has reported unavailability, membership it shall be the responsibility of the administration to arrange for a substitute teacher. J. Teachers may be released from their teaching assignments one (1) day per school year for professional growth days. These days must be scheduled in advance at a mutually agreeable time and are to be used for such purposes as attending conferences or visiting programs in other districts. Teachers shall request use of professional growth days through their building principal, indicating the date and nature of the proposed activity. The district will not unreasonably withhold approval of requested professional growth days, but may require submission of a summary report of the activity after its completion. The district will pay the cost of necessary substitutes. K. At the beginning of every school year, the Association shall be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention of the Association if the settlement is not inconsistent credited with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.three

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965Employment Relations Act, Michigan Compiled Laws 423.201 et seq., the Board hereby agrees that every employee of the Board teacher shall have the right to freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protectionprotection or to refrain from such activities. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the The Board Association undertakes and agrees that it will not directly or indirectly discourage, discourage or deprive or coerce any teacher bargaining unit member in the enjoyment of any rights conferred by Act 379 336 or other laws of Michigan, of Michigan or the Constitutions of Michigan and the United States; that it States or refrain from membership. The Board and Association will not discriminate against any teacher bargaining unit member with respect to hours, wages, hours or any terms or conditions of employment by reason of his/her membership or non-membership in the Association, his/her participation or non-participation in any activities of the Association or collective professional Association, negotiations with the Board, nor Board or his/her institution of any grievance. No provisions of this contract will discriminate against a person because of the reasons of race, complaint sex, age, religion, marital status, disability unrelated to the ability to perform duties, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentresidence. B. The Association represents all employees in Subject to administration approval, the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use a room within the school buildings at reasonable hours building to transact official Association business when this room is not previously scheduled for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) other events during non- work hours' advance arrangements for such use shall be made with the building principal. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the C. No bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher member shall be prevented from wearing or required to wear insignia, pins or other identification of membership in the Association either on or off school premises so long as they would premises. The bargaining unit members shall have available to them at the Board's expense, a bulletin board within their lounge for the dissemination of Association materials plus the use of inter and intra-building communication systems, at no cost to the school district. The school district assumes no responsibility for the Association's use of the communications system. D. The Board agrees to furnish to the Association, in response to reasonable written request from time to time, all readily available information concerning collective bargaining and the process of grievances but will not distract from be obligated to compile statistical information, which has not been previously compiled to conform to the proper specifications of the Association. The Association shall reimburse the district consistent with FOIA. The Board agrees to make the Board agenda available to the Association. E. Religious or political activities or the lack thereof, shall not be grounds for any disciplinary action provided such activities do not occur while in the performance of employee responsibility or duty or impact the operation or efficacy of the district. F. A bargaining unit member shall at all times, upon request, be entitled to have present a representative of the Association during investigatory interview. The Association will receive notification of such meetings. G. Each bargaining unit member shall have the right, upon written request, to review the contents of his/her duties. L. Consistent with the Code of Ethics of the Education Professionown personnel file, membership in the Association shall except for written recommendations and other documents which may be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention restricted under law. A representative of the Association if may, at the settlement is not inconsistent with bargaining unit member's request, accompany the terms of bargaining unit member in this Agreementreview. Each bargaining unit member may insert into his/her file written comments regarding any charges, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard evaluations, reprimands or commendations within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.ten

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965Employment Relations Act, Michigan Compiled Laws 423.201 et seq., the Board hereby agrees that every employee of the Board teacher shall have the right to freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, discourage or deprive or coerce any teacher bargaining unit member in the enjoyment of any rights conferred by Act 379 336 or other laws of Michigan, of Michigan or the Constitutions of Michigan and the United States; that it . The Board will not discriminate against any teacher bargaining unit member with respect to hours, wages, hours or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional Association, negotiations with the Board, nor Board or his/her institution of any grievance. No provisions of this contract will discriminate against a person because of the reasons of race, complaint sex, age, marital status or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentresidence. B. The Association represents all employees in Subject to administration approval, the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use a room within the school buildings at reasonable hours building to transact official Association business when this room is not previously scheduled for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principalother events. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the C. No bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher member shall be prevented from wearing insignia, pins or other identification of membership in the Association either on or off school premises so long as premises. The bargaining unit members shall have available to them at the Board's expense, a bulletin board within their lounge for the dissemination of Association materials plus the use of inter and intra-building communication systems, at no cost to the school district. The school district assumes no responsibility for the Association's use of the communications system. D. The Board agrees to furnish to the Association, in response to reasonable written request from time to time, all readily available information concerning the financial resources of the district, but will not be obligated to compile statistical information, which has not been previously compiled to conform with the specifications of the Association. The Board agrees to make the Board agenda available to the Association in the same manner and form that they would are made available to the Board's members. E. Religious or political activities or the lack thereof, shall not distract from be grounds for any disciplinary action provided such activities do not occur while in the proper performance of employee responsibility or duty. F. A bargaining unit member shall at all times be entitled to have present a representative of the Association when he/she is being reprimanded, warned or disciplined or any infraction of discipline or delinquency in professional performance. In all cases the Association must be notified in writing within ten workdays that a written reprimand has been placed in the bargaining unit member's file. G. Each bargaining unit member shall have the right, upon written request, to review the contents of his/her dutiesown personnel file, except for written recommendations and other documents which may be restricted under law. A representative of the Association may, at the bargaining unit member's request, accompany the bargaining unit member in this review. Each bargaining unit member may insert into his/her file written comments regarding any charges, evaluations, reprimands or commendations. L. Consistent with the Code X. Xxxxxxxxxx unit members will be notified immediately of Ethics any written complaints that have been placed against them by a parent of a student, student, member of the Education Professioncommunity or other teacher. All written complaints must be presented to the bargaining unit member within thirty (30) calendar days of the receipt of the complaint. All written complaints will be filed with signatures of the complainant attached. I. Bargaining unit members shall be informed of a telephone number and/or a website address they must contact before 6:30 A.M. to report unavailability for work and a reserve contact telephone number for extenuating circumstances. Once a bargaining unit member has reported unavailability, membership it shall be the responsibility of the administration to arrange for a substitute teacher. J. Teachers may be released from their teaching assignments one (1) day per school year for professional growth days. These days must be scheduled in advance at a mutually agreeable time and are to be used for such purposes as attending conferences or visiting programs in other districts. Teachers shall request use of professional growth days through their building principal, indicating the date and nature of the proposed activity. The district will not unreasonably withhold approval of requested professional growth days, but may require submission of a summary report of the activity after its completion. The district will pay the cost of necessary substitutes. K. At the beginning of every school year, the Association shall be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention of the Association if the settlement is not inconsistent credited with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.three

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every employee of the Board shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. The Association represents all employees in the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use school buildings at reasonable hours for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principal. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Association on school premises so long as they are in good taste and would not tend to distract from the proper performance of his/her duties. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, creed, sex, color, marital status or national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled adjusted without intervention of the Association if the settlement adjustment is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlementadjustment. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary actionwriting. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals teachers for these positions; however, the most qualified professional staff will be selected.

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx 4.1 The board and the Association agree to abide by Act 379 of the Michigan Public Acts of 19651965 as amended, and to all the Board hereby applicable laws and statutes pertaining to teachers' rights and responsibilities. The board agrees that every employee teacher of the Board board shall have the right freely to organize, join, join and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted legal activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and The board agrees that it will not directly or indirectly discourage, discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by the Act 379 or other laws of Michigan, Michigan or the Constitution of the Constitutions of Michigan United States and the United StatesConstitution of the State of Michigan; that it will not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional negotiations with the Boardboard, nor or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. 4.2 Teachers shall be entitled to full rights of citizenship. The Association represents all employees in religious or political activities of any teacher or the bargaining unitlack thereof shall not be grounds for any discipline or discrimination with respect to the professional employment of such teacher. The private and personal life of any teacher is not within the appropriate concern or attention of the board except where the same shall adversely affect the student-teacher relationship. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use school buildings at reasonable hours for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principal. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. 4.3 The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Association on school premises so long as they would not distract from the proper performance of his/her duties. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity)status, disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activitiesnational origin. M. Nothing contained herein 4.4 The Association, or a committee thereof, shall be construed have the right to prevent use the TISD buildings and facilities for professional meetings after the close of school. The Association agrees to reimburse the board for any individual teacher from presenting a grievance damage to equipment or facilities entrusted to its use and having care, and to reimburse the grievance settled without intervention board for any materials consumed in the use of any of the Association if facilities or duplication equipment. 4.5 No member of the settlement is not inconsistent with board shall respond to a public complaint regarding the terms individual employee at a board of this AgreementEducation meeting. Should a party wish to lodge a complaint against an employee at a public board meeting, the board may choose to set a special meeting to hear the complaint or hear it at the next scheduled board meeting, provided that the Association member has been given a minimum of one week's notice and is provided the opportunity to be present at such settlementthe meeting. At the request of the employee in question, the board shall move to executive session, barring all persons not directly involved from the proceedings. The affected member shall also be free to have representation of his or her own choosing present at all times. If after proper notification to the employee, as described above, the employee declines or refuses to be present, the board shall be free to conduct its affairs in regard to same in whatever manner it considers to be reasonable. N. A 4.6 Teachers are entitled to appropriate administrative support at all times, and shall be advised of who is the administrator in charge of their respective programs. In the absence of the designated administrator from the building, teachers shall be advised of the administrator to be contacted if a decision is needed. 4.7 No material, including but not limited to student, parental, or school complaints originating after initial employment will be placed in his/her personnel file unless the teacher who becomes aware has had an opportunity to review the material. Complaints against the teacher shall be put in writing with names of the complainants, administrative action taken, and remedy clearly stated. The teacher may submit a possible written notation regarding any material including complaints, and the same shall be attached to the file copy of the material in question. If the material to be placed in the file is in error, the material will be corrected or expunged from the file, whichever is appropriate. When a teacher is requested to sign material placed in the file, such signature shall be understood to indicate his/her awareness of the material but shall not be interpreted to mean agreement with the content of the material. All recommendations, written or oral, shall be based solely on factual information previously disclosed to the teacher. 4.8 Any individual teacher shall be entitled to full copyright ownership of all materials, the subject matter of which is covered by 17 USC 102, written or produced originally by that teacher in the furtherance of his or her duties as an employee of the District. Furthermore, if the District should receive a request from an outside party for permission to use, reproduce, or distribute any materials copyrighted by a teacher or teachers of the District, the District Administrator receiving such request shall forward it directly to that teacher or teachers. 4.9 Teachers shall be expected to exercise reasonable care with respect to the safety hazard of pupils and property, but shall not be individually liable, except in the case of negligence or neglect of duty, for any damage or loss to a person or property. 4.10 The board, through Administration, in recognition of the concept of progressive correction, shall notify the teacher in writing of alleged delinquencies, indicate expected correction, and indicate a reasonable period for correction. Further, the board recognizes that no teacher shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. Accordingly, a teacher shall, at all times, be entitled to have a representative of the Association present when he/she is being reprimanded, warned or disciplined for any infraction of rules or delinquency in professional performance. If a representative of the Association is unable to be present, within three (3) days of the alleged infraction, the disciplinary action may be effectuated by the Administration and subject to future review by the Association representative at a mutually convenient time. It is expressly understood by and between the Association and the board of Education that this paragraph shall not in any way affect the Teacher Tenure Act or the rights granted thereunder and it is expressly understood that any such disciplinary action may be subject to review by the Grievance Procedure as outlined in Article 15. 4.11 The board will reimburse teacher for loss, damage or destruction of personal property which is necessary to the performance of teaching duties of the teacher while on duty in a school building or on school premises or approved school business (field trips, etc.) with two provisions: 1) That such property is not covered under other insurance. 2) That any damage claim in excess of $15 will be reimbursed in full by the board. 4.12 All teachers shall inform comply with the building principal new corporal punishment law. The board agrees to indemnify teachers against any damages, fines, legal fees, or superintendent other costs as a consequence of any act or omission authorized by a written statement of the board or by the provisions of this paragraph. 4.13 All employees of the Tuscola Intermediate School District whose services are rendered at any off-campus facility shall be employed there under the following conditions set forth in this contract. 1) No employee of the TISD shall be required or compelled to sign, pledge or otherwise agree to any statements or policies of any off-campus facility. 2) Employees of the TISD shall not be required to perform any tasks which fall under the responsibilities of State employees of any off-campus facility. 3) TISD employees who are assigned to any off-campus facility shall be subject to the sole direction of administrators of the TISD. Any complaints about the work performance of TISD employees shall be submitted in writing with no repercussions or disciplinary actionto the program principal and a copy of the same shall be forwarded immediately to the teacher in question. O. 4.14 This Agreement shall conform to state and federal laws. 4.15 Individual contracts shall be consistent with this Agreement. 4.16 When Tuscola Intermediate School social workersDistrict personnel are in the constituent districts, it shall be the employees' professional obligation to abide by that district's rules and policies except when in conflict with the Master Agreement and/or the policies of the Tuscola Intermediate School District. In such cases, the Master Agreement will take precedence. 4.17 All regulations, policies, and recommendations of the TISD board contained in the publication known as the TISD Policy Manual, whether previously adopted and published, or to be adopted and published in the future, shall be null and void wherever they may be in violation of, or contradiction to, this Master Contract. 4.18 A teacher shall give notice of intent to resign in writing at least 60 days before September 1 of the ensuing school counselors year, otherwise to mutual consent. 4.19 Each teacher shall have the right upon request to review the contents of his/her own personnel file. A representative of the Association may be requested to accompany the teacher in such review. The employee and speech the Association representative, if accompanying the teacher in review, shall affix his/her signature and language therapists who do not have the date to the record to signify he/she has reviewed his/her file and is aware of the contents, but in no instance shall said signature be interpreted to mean agreement with content. 4.20 Any complaints regarding a teaching certificate shall serve teacher made to the Administration by any parents, student or other person of said teacher's performance will be promptly called to the teacher's attention. The teacher may submit a written notation regarding the incident or incidents in question and the same probationary period as certificated teachersshall be attached to the official file copy of the material. Upon completion A teacher believing a complaint to be inappropriate or in error, may seek removal of a satisfactory probationary period, such employee may not the official file copy through the grievance procedure. 4.21 No teacher shall be discharged without just cause. It is required to substitute for another teacher during the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selectedschool day except in emergency situations.

Appears in 1 contract

Samples: Master Agreement

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ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the 379, Public Acts of 1965, State of Michigan, the Perry Board hereby of Education agrees that every employee of the Board teacher shall have the right right, freely to organize, join, join and support the Association PEA for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate against any teacher with respect to hours, wages, or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentnegotiations. B. The Association represents all employees in the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members PEA shall have the right to use building facilities providing this does not interfere with or interrupt normal school buildings at reasonable hours procedures. During teacher work days, PEA leadership may schedule meetings. In the event that room scheduling is needed for meetings and to use school equipment for reasonable servicesAssociation building use, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use that scheduling shall be made with done through the building principalappropriate person. F. The Association C. PEA bargaining unit members will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives review the content of all records of the Association will assume responsibility for posting or distributing materials Employer pertaining to said bargaining unit member originating after initial employment and to have a representative of the AssociationPEA accompany him/her in such review. An information Other examination of a bargaining unit member’s file shall be limited to qualified supervisory personnel, except that a non-bargaining unit member Union representative may review such files when necessary for contract administration purposes or to provide the bargaining unit member representation in other administrative or legal proceedings. Each file shall contain a record indicating who has reviewed it, the date reviewed, and the reason for such review. D. No material, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in a bargaining unit member’s file unless and until the bargaining unit member has had an opportunity to review the material. Complaints against the bargaining unit member shall be accepted only if they are in writing and signed by the complainant. If administrative action is taken in the face of the complaint, the action and or remedy shall be clearly stated and attached to the complaint. The bargaining unit member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to the file copy of all the material in question. If the bargaining unit member believes the material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires placed in the bargaining unit within one pay period after their date of hire. H. The Board agrees that file is inappropriate or in error, the following current information material will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status corrected or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher shall be prevented from wearing insignia, pins or other identification of membership in the Association on school premises so long as they would not distract expunged from the proper performance of his/her dutiesfile, whichever is appropriate. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention of the Association if the settlement is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965Employment Relations Act, Michigan Compiled Laws 423.201 et seq., the Board hereby agrees that every employee of the Board teacher shall have the right to freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, discourage or deprive or coerce any teacher bargaining unit member in the enjoyment of any rights conferred by Act 379 336 or other laws of Michigan, of Michigan or the Constitutions of Michigan and the United States; that it . The Board will not discriminate against any teacher bargaining unit member with respect to hours, wages, hours or any terms or conditions of employment by reason of his/her his membership in the Association, his/her his participation in any activities of the Association or collective professional Association, negotiations with the Board, nor his/her Board or his institution of any grievance. No provisions of this contract will discriminate against a person because of the reasons of race, complaint sex, age, marital status or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentresidence. B. The Association represents all employees in Subject to administration approval, the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use a room within the school buildings at reasonable hours building to transact official Association business when this room is not previously scheduled for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principalother events. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the C. No bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher member shall be prevented from wearing insignia, pins or other identification of membership in the Association either on or off school premises so long as premises. The bargaining unit members shall have available to them at the Board's expense, a bulletin board within their lounge for the dissemination of Association materials plus the use of inter and intra-building communication systems, at no cost to the school district. The school district assumes no responsibility for the Association's use of the communications system. D. The Board agrees to furnish to the Association, in response to reasonable written request from time to time, all readily available information concerning the financial resources of the district, but will not be obligated to compile statistical information, which has not been previously compiled to conform with the specifications of the Association. The Board agrees to make the Board agenda available to the Association in the same manner and form that they would are made available to the Board's members. E. Religious or political activities or the lack thereof, shall not distract from be grounds for any disciplinary action provided such activities do not occur while in the proper performance of his/her dutiesemployee responsibility or duty. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association F. A bargaining unit member shall at all times be open entitled to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting have present a grievance and having the grievance settled without intervention representative of the Association if the settlement when he is not inconsistent with the terms being reprimanded, warned or disciplined for any infraction of this Agreement, provided that discipline or delinquency in professional performance. In all cases the Association must be notified in writing within ten workdays that a written reprimand has been given placed in the opportunity to be present at such settlementbargaining unit member's file. N. G. Each bargaining unit member shall have the right, upon written request, to review the contents of his own personnel file, except for written recommendations and other documents which may be restricted under law. A teacher who becomes aware representative of the Association may, at the bargaining unit member's request, accompany the bargaining unit member in this review. Each bargaining unit member may insert into his file written comments regarding any charges, evaluations, reprimands or commendations. H. Bargaining unit members will be notified immediately of any written complaints that have been placed against them. All written complaints must be presented to the bargaining unit member within thirty (30) calendar days of the receipt of the complaint. Any written complaint by a parent of a possible safety hazard within student, student, member of the school building community or on school premises other teacher directed toward a bargaining unit member shall inform be promptly called to the building principal or superintendent bargaining unit member's attention. All written complaints will be filed with signatures attached. Any disputed complaint placed in writing with no repercussions or disciplinary actionthe bargaining unit member's file are subject to the grievance procedure. O. School social workersI. No bargaining unit member shall be disciplined, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary periodreprimanded, such employee may not be discharged reduced in rank or compensation without just cause. It is Any such action shall be subject to the grievance procedure in Article 14, GRIEVANCE PROCEDURE, of this Agreement. Termination of probationary teachers and discharge or demotion of a teacher within the jurisdiction of the Michigan Teacher Tenure Act, Michigan Compiled Laws 38.71 et seq. Are excluded from this paragraph. Termination of the probationary teachers and the discharge or demotion of tenured teachers shall be governed exclusively by the provisions of the Michigan Teacher Tenure Act, Michigan Compiled Laws, 38.71 et seq. A teacher whose services are to be considered by the Board for termination under the provisions of the Tenure Act shall be notified in writing by the Superintendent or by the Secretary of the Board of the date, time and place of the Board meeting at which the termination of services will be considered and of the opportunity to request a closed session by the Board for such consideration prior to a decision by the Board to be made in open session. The teacher shall also be provided with a copy of any charges and/or recommendation for termination to be considered by the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff . J. Discipline will be selectedprogressive (Except in case of an extreme violation of rules or the law). 1. Oral Reprimand 2. First Written Reprimand 3. Second Written Reprimand

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx to Act 379 of A. The BOARD and the Public Acts of 1965, the Board ASSOCIATION hereby agrees agree that every employee of the Board teacher shall have the right freely to organizeform, join, and support the Association participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing for the purpose of engaging in collective bargaining collectively with regard to terms and conditions of their employment. Neither the BOARD nor the ASSOCIATION will discriminate or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate take punitive action against any teacher with respect to hours, wagesbecause of membership or participation, or any terms lack of membership or conditions of employment by reason of his/her membership in the Associationparticipation, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentemployee organization. B. The Association represents all employees in the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member With prior approval of the AssociationPrincipal, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association ASSOCIATION and its members representatives shall have the right to use school buildings facilities and equipment at reasonable hours times when such facilities and equipment are not otherwise in use. The ASSOCIATION shall furnish all materials and supplies and pay the cost for meetings repair of damage resulting from such use. C. The ASSOCIATION shall be permitted to post notices of activities on staff room bulletin boards, at least one of which shall be provided in the Elementary, Middle and Senior High School areas. Any notice so posted shall be signed by an authorized representative of the ASSOCIATION. The ASSOCIATION shall be permitted to use school equipment mailboxes for reasonable servicescommunication with teachers. However, paying the ASSOCIATION agrees that such privilege shall be used only for any extra custodial services and supplies which such uses requirethe purpose of the dissemination of information. D. The BOARD agrees to furnish to the ASSOCIATION, within five (5) work days of receipt of written request, information of a public nature. TwentySuch information shall be furnished in its existing format. For requests in excess of twenty-four five (2425) hours' advance arrangements pages the ASSOCIATION agrees to pay for such use shall be made with information at the building principalfollowing rate: $.05 per page. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious E. Religious or political activities of any teacher or the lack thereof shall not be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with . The private and personal life of any teacher is not within the proper performance appropriate concern or attention of the teacher's dutiesBOARD so long as, in the opinion of the Board the teaching performance is not affected. K. No F. Any teacher shall be prevented from wearing insigniawho is a member of the ASSOCIATION, pins or other identification who has applied for membership, may sign and deliver to the BOARD an assignment authorizing deductions of membership dues in the Association on school premises so long ASSOCIATION. Pursuant to such authorization, the BOARD shall deduct such sum as they would not distract authorized in equal amounts from each pay check beginning the proper performance next possible pay period following receipt of the authorization form and continuing from year to year. Upon written notification to the district and Association, a member may drop his/her duties. L. Consistent with the Code of Ethics of the Education Profession, membership in the Association shall be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention of the Association if the settlement is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.stop dues deductions thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx A. Pursuant to Act 379 of the Public Acts of 1965Employment Relations Act, Michigan Compiled Laws 423.201 et seq., the Board hereby agrees that every employee of the Board teacher shall have the right to freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, discourage or deprive or coerce any teacher bargaining unit member in the enjoyment of any rights conferred by Act 379 336 or other laws of Michigan, of Michigan or the Constitutions of Michigan and the United States; that it . The Board will not discriminate against any teacher bargaining unit member with respect to hours, wages, hours or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any activities of the Association or collective professional Association, negotiations with the Board, nor Board or his/her institution of any grievance. No provisions of this contract will discriminate against a person because of the reasons of race, complaint sex, age, marital status or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentresidence. B. The Association represents all employees in Subject to administration approval, the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member of the Association, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association and its members shall have the right to use a room within the school buildings at reasonable hours building to transact official Association business when this room is not previously scheduled for meetings and to use school equipment for reasonable services, paying for any extra custodial services and supplies which such uses require. Twenty-four (24) hours' advance arrangements for such use shall be made with the building principalother events. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the C. No bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious or political activities of any teacher or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided that no such activities shall interfere with the proper performance of the teacher's duties. K. No teacher member shall be prevented from wearing insignia, pins or other identification of membership in the Association either on or off school premises so long as premises. The bargaining unit members shall have available to them at the Board's expense, a bulletin board within their lounge for the dissemination of Association materials plus the use of inter and intra-building communication systems, at no cost to the school district. The school district assumes no responsibility for the Association's use of the communications system. D. The Board agrees to furnish to the Association, in response to reasonable written request from time to time, all readily available information concerning the financial resources of the district, but will not be obligated to compile statistical information, which has not been previously compiled to conform with the specifications of the Association. The Board agrees to make the Board agenda available to the Association in the same manner and form that they would are made available to the Board's members. E. Religious or political activities or the lack thereof, shall not distract from be grounds for any disciplinary action provided such activities do not occur while in the proper performance of employee responsibility or duty. F. A bargaining unit member shall at all times be entitled to have present a representative of the Association when he/she is being reprimanded, warned or disciplined for any infraction of discipline or delinquency in professional performance. In all cases the Association must be notified in writing within ten workdays that a written reprimand has been placed in the bargaining unit member's file. G. Each bargaining unit member shall have the right, upon written request, to review the contents of his/her duties. L. Consistent with the Code of Ethics of the Education Professionown personnel file, membership in the Association shall except for written recommendations and other documents which may be open to all teachers regardless of race, color, national origin, sex (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention restricted under law. A representative of the Association if may, at the settlement is not inconsistent with bargaining unit member's request, accompany the terms of bargaining unit member in this Agreementreview. Each bargaining unit member may insert into his/her file written comments regarding any charges, provided that the Association has been given the opportunity to be present at such settlementevaluations, reprimands or commendations. N. A teacher who becomes aware X. Xxxxxxxxxx unit members will be notified immediately of any written complaints that have been placed against them by a parent of a possible safety hazard student, student, member of the community or other teacher. All written complaints must be presented to the bargaining unit member within thirty (30) calendar days of the school building or on school premises shall inform receipt of the building principal or superintendent complaint. All written complaints will be filed with signatures of the complainant attached. Any disputed complaint placed in writing with no repercussions or disciplinary actionthe bargaining unit member's file are subject to the grievance procedure. O. School social workersI. No bargaining unit member shall be disciplined, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary periodreprimanded, such employee may not be discharged reduced in rank or compensation without just cause. It is Any such action shall be subject to the grievance procedure in Article 14, GRIEVANCE PROCEDURE, of this Agreement. Termination of probationary teachers and discharge or demotion of a teacher within the jurisdiction of the Michigan Teacher Tenure Act, Michigan Compiled Laws 38.71 et seq. are excluded from this paragraph. Termination of the probationary teachers and the discharge or demotion of tenured teachers shall be governed exclusively by the provisions of the Michigan Teacher Tenure Act, Michigan Compiled Laws, 38.71 et seq. A teacher whose services are to be considered by the Board for termination under the provisions of the Tenure Act shall be notified in writing by the Superintendent or by the Secretary of the Board of the date, time and place of the Board meeting at which the termination of services will be considered and of the opportunity to request a closed session by the Board for such consideration prior to a decision by the Board to be made in open session. The teacher shall also be provided with a copy of any charges and/or recommendation for termination to be considered by the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff . J. Discipline will be selectedprogressive (Except in case of an extreme violation of rules or the law). 1. Oral Reprimand 2. First Written Reprimand 3. Second Written Reprimand

Appears in 1 contract

Samples: Master Agreement

ASSOCIATION AND TEACHER RIGHTS. X. Xxxxxxxx to Act 379 of A. The BOARD and the Public Acts of 1965, the Board ASSOCIATION hereby agrees agree that every employee of the Board teacher shall have the right freely to organizeform, join, and support the Association participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing for the purpose of engaging in collective bargaining collectively with regard to terms and conditions of their employment. Neither the BOARD nor the ASSOCIATION will discriminate or negotiation and other lawful concerted activities for mutual aid and protection. As a duly elected body exercising governmental power under the color of law of the State of Michigan, the Board undertakes and agrees that it will not directly or indirectly discourage, deprive or coerce any teacher in the enjoyment of any rights conferred by Act 379 or other laws of Michigan, of the Constitutions of Michigan and the United States; that it will not discriminate take punitive action against any teacher with respect to hours, wagesbecause of membership or participation, or any terms lack of membership or conditions of employment by reason of his/her membership in the Associationparticipation, his/her participation in any activities of the Association or collective professional negotiations with the Board, nor his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employmentemployee organization. B. The Association represents all employees in the bargaining unit. C. All employees in the bargaining unit are bargaining unit members. Association members are those that pay membership dues. D. Each bargaining unit member can freely choose to become a member With prior approval of the AssociationPrincipal, or to not become a member of the Association. Paying association dues is not a condition of employment; an employee cannot and will not be terminated because the employee chooses or chooses not to pay association dues. If an employee chooses not to become an Association member he/she will remain a bargaining unit member, remain entitled to representation by the Association, remain covered by this collective bargaining agreement, and remain entitled to any benefits set forth in this collective bargaining agreement. The Board will not tolerate harassment or discrimination against any employee who chooses to become an association member or chooses not to become an association member. Any employee who believes he/she has been harassed or discriminated against in violation of this subsection should complain as set forth in the board’s harassment policy. Any employee deemed to have harassed and/or discriminated against another employee because that employee chose or chose not to be an association member, or chose or chose not to pay association dues, shall be subject to appropriate discipline. The Association will indemnify and hold the Board harmless from any and all damages, judgments and costs which it may incur in following these provisions. E. The Association ASSOCIATION and its members representatives shall have the right to use school buildings facilities and equipment at reasonable hours times when such facilities and equipment are not otherwise in use. The ASSOCIATION shall furnish all materials and supplies and pay the cost for meetings repair of damage resulting from such use. C. The ASSOCIATION shall be permitted to post notices of activities on staff room bulletin boards, at least one of which shall be provided in the Elementary, Middle and Senior High School areas. Any notice so posted shall be signed by an authorized representative of the ASSOCIATION. The ASSOCIATION shall be permitted to use school equipment mailboxes for reasonable servicescommunication with teachers. However, paying the ASSOCIATION agrees that such privilege shall be used only for any extra custodial services and supplies which such uses requirethe purpose of the dissemination of information. D. The BOARD agrees to furnish to the ASSOCIATION, within five (5) work days of receipt of written request, information of a public nature. TwentySuch information shall be furnished in its existing format. For requests in excess of twenty-four five (2425) hours' advance arrangements pages the ASSOCIATION agrees to pay for such use shall be made with information at the building principalfollowing rate: $.05 per page. F. The Association will have the right to place notices, circulars and other material on designated school bulletin boards and in teachers' mailboxes. Authorized representatives of the Association will assume responsibility for posting or distributing materials of the Association. An information copy of all material to be posted on any bulletin board and of all other material for general distribution in a building or buildings shall be shown or given to the principal at the time of posting or distribution. G. The district shall provide the Association with names and directory information (full name, telephone number, address, position and building) of all new hires in the bargaining unit within one pay period after their date of hire. H. The Board agrees that the following current information will be furnished on request to the Association: number of students in the District; current State Equalized Valuation of the District; number of teachers employed, together with their degree status, experience and position on the salary schedule; extra duty assignments and compensation; names of newly hired teachers and their salaries; Annual State Report (DS-4511) and Financial Information Database (FID Report), Annual Auditor's Report; tentative and adopted budgets; individual sick leave accumulation; by title, each administrator's total individual salary and a statement of administrative fringe benefits; the number of teachers in each insurance category (i.e., single, two person, full family, etc.); projected student enrollments, if available; and information for the processing of grievances. I. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, sexual orientation, gender identity, marital status or membership in/or association with the activities of any employee organization. The Board and the Association pledge themselves to seek to extend the advantages of public education to every student without regard to race, creed, religion, sex, sexual orientation, gender identity, color or national origin and to seek equality of educational opportunity to all pupils. J. The teachers shall be entitled to full rights of citizenship and no lawful religious E. Religious or political activities of any teacher or the lack thereof shall not be grounds for any discipline or discrimination with respect to the professional employment of such teacher. The private and personal life of any teacher is not within the appropriate concern or attention of the BOARD so long as, in the opinion of the Board the teaching performance is not affected. F. Any teacher who is a member of the ASSOCIATION, or who has applied for membership, may sign and deliver to the BOARD an assignment authorizing deductions of membership dues in the ASSOCIATION. Pursuant to such authorization, the BOARD shall deduct such sum as authorized in equal amounts from each pay check beginning the next possible pay period following receipt of the authorization form and continuing from year to year. Upon written notification to the district and Association, a member may drop his/her membership and stop dues deductions thirty (30) days after the receipt of such notification. G. The deductions shall be remitted to the ASSOCIATION within one (1) week following the date of the deduction. The ASSOCIATION and the teacher whose dues are thus deducted do hereby agree that the BOARD shall be held harmless for any action taken or not taken in reliance on information supplied or not supplied by the ASSOCIATION and the teacher for the purpose of its complying with this section. H. Upon appropriate written authorization from the teacher, the BOARD shall deduct from the salary of the teacher and make appropriate remittance for annuities, credit union, insurance and any other plans or programs approved by the BOARD. I. When it is necessary for the ASSOCIATION President or his designee to engage in Association activities directly relating to the Association’s duties as representative of the teachers, which cannot be performed other than during normal school hour or are the result of an emergency situation, the Association representative shall be given a maximum of five days (5) days Temporary Duty Elsewhere leave per school year, without loss of pay. The ASSOCIATION will pay the cost of an employed substitute for each leave day granted under this section. J. The Association’s representative shall be allowed to visit the school to investigate teacher complaints and grievances upon prior notice to the Principal, provided that no such activities shall meeting does not disrupt or interfere with the proper performance direct instruction of students or duties of the teacher's duties. K. No One member of the ASSOCIATION shall be granted Temporary Duty Elsewhere leave to attend all regular and special meetings of the BOARD. The Association President or representative should return to work in a reasonable amount of time after the adjournment of the meeting during work hours. L. Each teacher shall be prevented from wearing insigniahave the right, pins upon reasonable request, to review his personnel file, excluding confidential college credentials, recommendations, or other identification of membership in the Association on school premises so long as they would not distract from the proper performance information given by previous employers. Should a teacher desire a copy of his/her duties. L. Consistent with personnel file, the Code of Ethics of the Education Profession, membership in the Association cost shall be open to all teachers regardless of race, color, national origin, sex $.05 per page for requests that exceed twenty-five (including sexual orientation and gender identity), disability, age, religion, height, weight, marital or family status, military status, ancestry, genetic information or any other legally protected category, (collectively, "Protected Classes"), in its programs and activities25) pages. M. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance settled without intervention of the Association if the settlement is not inconsistent with the terms of this Agreement, provided that the Association has been given the opportunity to be present at such settlement. N. A teacher who becomes aware of a possible safety hazard within the school building or on school premises shall inform the building principal or superintendent in writing with no repercussions or disciplinary action. O. School social workers, school counselors and speech and language therapists who do not have a teaching certificate shall serve the same probationary period as certificated teachers. Upon completion of a satisfactory probationary period, such employee may not be discharged without just cause. It is the Board’s intent to hire certified professionals for these positions; however, the most qualified professional staff will be selected.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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