ASSOCIATION RIGHTS A. Representatives of the Association may make announcements during faculty meetings. B. Representatives of the Association may make announcements on all school building systems, before or after the student day, regarding meeting times and locations, and reminders of Association deadlines. C. The Association shall have access to the Board Policy Book on the District’s website. D. The Association President shall be sent copies of the agenda, minutes, and any other attachments for each board meeting prior to that meeting. E. The Association shall be granted the right to use teacher mailboxes for any and all communications. No other teacher union shall be given this right. F. Association representatives may meet with employees during the workday, providing the visit does not interfere with class instruction. G. The Association shall be granted, at no cost, the right to use the district’s facilities to conduct Association business at reasonable times. H. The Association shall receive free copies of the financial reports of the district. I. The Association shall be given time on the first teacher day of each new school year for the purpose of making appropriate Association announcements. J. The Association shall have the use of bulletin boards in all employee workrooms and lounges, the use of the PA system to make necessary announcements, and the right to make Association statements at Staff/Faculty Meetings, and be provided time at each regular Board Meeting to address the Board. K. The Association shall be granted paid leave in the total amount of three (3) days to represent teacher interests. The Association President shall notify the Superintendent three (3) days in advance of the person/s who will be using Association Leave and the date/s on which it will be taken. L. Any employee elected to serve in a State (OEA) or National (NEA) office shall be given an unpaid leave of absence with no loss of seniority. Upon returning to the district, the employee shall be placed into a similar position to that they held prior to the leave and will be placed on the appropriate pay level they should receive based on their experience and educational background. M. The Association shall be provided bulletin board space in a place readily accessible to and normally frequented by all teachers in the District for posting official notices and other official materials relating to Association activities.
School Board Rights Section 1. Inherent Managerial Rights: The exclusive representative recognizes that the School Board is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the employer, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel.
FEDERATION RIGHTS Section 1. Upon written request, the Employer shall make available one copy of all public information relevant to negotiations or necessary for the proper enforcement of this Agreement, providing such information is readily available and accessible. The Employer may charge reasonable and customary fees for substantial amounts of services. Section 2. The internal business of the Federation shall normally be conducted by employees during their non-duty hours. However, selected and designated Federation officers or appointees shall be allowed a reasonable amount of paid time to investigate and process grievance and arbitration matters. Section 3. The Federation's staff will be allowed to visit work areas during working hours provided that advance permission is received and that the visit shall not unduly disrupt work in progress. Section 4. Whenever members of the bargaining unit are scheduled by the Employer to participate during working hours in conferences or meetings, they shall be granted the necessary release time. Section 5. The Employer shall ensure reasonable access to the Federation an up-to-date policy manual of its rules, regulations, and policies on employment related matters. The Federation shall be notified of any proposed changes or additions to personnel rules, regulations and policies issued by the Department of Administration and the Department of Public Health & Human Services sufficiently in advance to allow discussion and comment by the Federation. Section 6. The Employer, within 30 days of the signing of this Agreement, shall present the Federation with a list of the names and addresses of all current employees covered by this Agreement, and shall update such list each month for all new hires. Section 7. Federation representatives shall have the right to inspect an employee's personnel file with a specific authorization in writing by the employee. Federation representatives may obtain a copy of a document related to a formal grievance provided specific authorization is obtained in writing from the employee. Section 8. The Federation shall have the right to adequate space on bulletin boards for posting notices and shall have access, subject to availability, to a meeting room on the Employer's premises. Section 9. The Employer agrees to provide notice to the Federation of any suspension or discharge of any member of the bargaining unit. Section 10. The Employer agrees to provide 20 working days advance notice to the Federation of any employee layoff, along with an opportunity to comment on the layoff. Section 11. The Employer shall allow a maximum of 18 employees release time for Federation members to attend the MFPE Annual Conference with prior management approval for time off. Section 12. The Federation shall be granted the opportunity to provide membership information to union represented positions during new employee orientation or the onboarding process.
BOARD RIGHTS A. Nothing contained herein shall be considered to deny or restrict the Board of its rights, responsibilities, and authority under the Laws of the State of Michigan and of the Federal Government of the United States. Except as stated by this Agreement, all the rights, powers, and authority the Board had prior to this Agreement are retained by the Board. B. It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Board, except those which are relinquished herein by the Board, shall continue to vest exclusively in and be exercised exclusively by the Board without prior negotiations with the Association either as to the taking of action under such rights or with respect to the consequence of such action during the term of this Agreement. Such rights shall include, by way of illustration and not by way of limitation, the right to: 1. Manage and control the school's business, the equipment, the operations and to direct the working forces and affairs of the Employer. 2. Continue its rights and past practice of assignment and direction of work of all of its personnel, determine the number of shifts and hours of work, starting and ending times, length of the work year, and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days. 3. The right to direct the working forces, including the right to hire, promote, suspend and discharge employees, transfer employees, effectuate an employee evaluation system, assign work or extra duties to employees, determine the size of the work force and to lay off employees. 4. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the instruction of new and/or improved methods or changes therein. 5. Adopt reasonable rules and regulations. 6. Determine the qualifications of employees, including physical conditions. 7. Determine the location or relocation of its facilities, including the establishment or relocations or new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities. 8. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies. 9. Determine the financial policies, including all accounting procedures, and all matters pertaining to public relations. 10. Determine the size of the management organization, its functions, authority, amount of supervision and table of organization provided that the Employer shall not abridge any rights from employees as specifically provided for in this Agreement. 11. Determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria. C. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, shall be limited only by the terms of this Agreement and then only to the extent such terms hereof are in conformance with the Laws of the State of Michigan, and the Laws of the United States. D. The matters contained in this Agreement and/or the exercise of any such rights of the Board are not subject to further negotiations between the parties during the term of this Agreement.
Grant of Company Reacquisition Right Except to the extent otherwise provided by the Superseding Agreement, if any, in the event that the Participant’s Service terminates for any reason or no reason, with or without cause, the Participant shall forfeit and the Company shall automatically reacquire all Units which are not, as of the time of such termination, Vested Units (“Unvested Units”), and the Participant shall not be entitled to any payment therefor (the “Company Reacquisition Right”).
Option Rights Except as provided below, the Option shall be valid for a term commencing on the Grant Date and ending 10 years after the Grant Date (the "EXPIRATION DATE").
Retention Rights This Agreement and the grant evidenced hereby do not give you the right to be retained by the Company (or any Affiliate) in any capacity. Unless otherwise specified in an employment or other written agreement between the Company (or any Affiliate) and you, the Company (and any Affiliate) reserve the right to terminate your Service at any time and for any reason.
Grant of Restricted Stock Award The Restricted Stock Award will be in the form of issued and outstanding shares of Stock that will be either registered in the name of the Participant and held by the Company, together with a stock power executed by the Participant in favor of the Company, pending the vesting or forfeiture of the Restricted Stock, or registered in the name of, and delivered to, the Participant. Notwithstanding the foregoing, the Company may in its sole discretion, issue Restricted Stock in any other format (e.g., electronically) in order to facilitate the paperless transfer of such Awards. If certificated, the certificates evidencing the Restricted Stock Award will bear a legend restricting the transferability of the Restricted Stock. The Restricted Stock awarded to the Participant will not be sold, encumbered hypothecated or otherwise transferred except in accordance with the terms of the Plan and this Agreement.
Stock Options and Restricted Stock The Company shall grant to Executive effective as of the Effective Date non-qualified stock options (to be known as the "IPO Options") to purchase, and awards of restricted stock (to be known as the "IPO Restricted Stock") for, an aggregate number of shares of the Company's no par value common stock equal to 0.65 percent of the Shares that will be outstanding immediately following the closing of the Initial Public Offering (5), with 70 percent of such Shares (rounded to the nearest 100 and being an estimated 36,400 Shares) being in the form of Stock Options and 30 percent of such Shares (rounded to the nearest 100 and being an estimated 15,600 Shares) being in the form of Restricted Stock under the Company's 2003 Stock Option and Award Plan (the "Stock Option Plan"). The IPO Options shall be at an exercise price equal to the fair market value of the Shares as determined by the offering price in the Initial Public Offering. The Shares subject to the IPO Options shall vest over three years of service and the shares of IPO Restricted Stock shall vest over four years of service after the Effective Date. The grant of the IPO Options and the IPO Restricted Stock and the exercise of the IPO Options shall be subject to all of the terms and conditions of the Stock Option Plan. Notwithstanding the forgoing, to the extent not contrary to applicable law, all of the IPO Options shall become fully vested and remain exercisable pursuant to their respective terms for the remainder of their respective Exercise Periods , and all unvested Shares, if any, of the IPO Restricted Stock shall become fully vested, effective upon termination of Executive's employment by reason of death, discharge by the Company pursuant to 3.4 (a) other than for Cause, resignation by Executive pursuant to Section 3.4(b) for Good Reason, termination by resignation or discharge for any reason other than Cause upon or after a Change in Control, or "retirement" or "disability" within the meaning of the Stock Option Plan; and all options granted after or in addition to the IPO Options, all shares of Restricted Stock awarded after or in additional to the IPO Restricted Stock, and any and all other awards to Executive pursuant to the Stock Option Plan shall be subject to such terms and conditions as shall be determined at the time of any such award under the direction of the Board pursuant to the Stock Option Plan. The Company shall exercise best efforts to register with the Securities and Exchange Commission under the Securities Act of 1933, as amended, the issuance of shares of stock issued pursuant to the Stock Option Plan and to satisfy the current public information requirements of Rule 144(c) for purpose of allowing Executive to resell such shares.
Transfer of Incentive Distribution Rights The General Partner or any other holder of Incentive Distribution Rights may transfer any or all of its Incentive Distribution Rights without the approval of any Limited Partner or any other Person.