Common use of BARGAINING UNIT MEMBER RIGHTS AND PROTECTION Clause in Contracts

BARGAINING UNIT MEMBER RIGHTS AND PROTECTION. 7.1. The Employer and Association hereby agree that every Bargaining Unit Member shall have the right to freely organize, join and support the Association. The Employer and the Association will not discriminate against any Bargaining Unit Member because of race, creed, religion, color, national origin or ancestry, age, sex, marital status or physical handicap. 7.2. The Bargaining Unit Members shall be entitled to full rights of citizenship. The private and personal life of any Bargaining Unit Member is not within the appropriate concern or attention of the Employer as long as it is not unlawful or does not interfere with the performance of his/her duties. 7.3. No Bargaining Unit Member shall be disciplined without just cause. The specific grounds for disciplinary action will be presented in writing to the Bargaining Unit Member and the Association no later than at the time discipline is imposed. This section shall not apply to the termination of a probationary Employee unless that Employee is in probationary status at the time of ratification. 7.4. An Employee shall be entitled to have present a representative of the Association during any meeting which will or may lead to disciplinary action by the Employer. The following procedure shall be followed: A. A written notice shall be given the Employee and the local Association president or designee notifying of the date, time and place of the disciplinary meeting. B. It is understood that the portion of the investigation involving the Employee may not be delayed more than twenty–four (24) hours due to the request for representation. C. It is understood that the investigation may continue without the presence of the Employee. 7.5. A Bargaining Unit Member or a person authorized by the Bargaining Unit Member shall have the right to review the contents of his/her personnel file. A written request for said review should be given to the appropriate supervisor. The Employer shall have, except in the case of an emergency, two (2) working days to comply with said request. The review shall be in the presence of personnel authorized by the Employer. 7.6. No material shall be placed in a Bargaining Unit Member’s personnel file without a copy being provided to the member. Complaints against the member shall be in writing with the name of the complainant and signature. The Bargaining Unit Member may submit a notation reply regarding any material, including complaints, and have said notation attached to the material in question. 7.7. Any case of assault upon a Bargaining Unit Member shall be promptly reported to the Employer. The Employer shall promptly render reasonable assistance to the Bargaining Unit Member. The Employer’s representative will consider reimbursement for damages to or destruction or loss of the Bargaining Unit Member’s vehicle, clothing or personal effects, provided such damage, destruction or loss occurred on school premises and was not occasioned by the negligence of the Bargaining Unit Member. The Employer agrees to pay the Bargaining Unit Member’s insurance deductible per occurrence. In the event the Bargaining Unit Member does not carry insurance, the Employer agrees to pay up to one hundred dollars ($100) of the actual expense incurred to repair the damage. 7.8. In the event of a chargeable accident involving a school vehicle, a driver may be requested not to drive (with pay) pending the completion of the investigation by the proper law enforcement agency and/or insurance agency. 7.9. The dismissal of an Employee shall be preceded by a written notice which shall contain a specific statement or statements of the reason(s) for the termination. 7.10. The Employer agrees to follow a progressive discipline sequence when disciplining a Bargaining Unit Member. It is recognized that the Employer may deviate from the sequence in the event this is warranted by the seriousness of the offense or problem or the Employee’s disciplinary history. The potential disciplinary steps are as follows: A. Verbal warning B. Written reprimand