Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("BFOQ"). The representatives of the Union and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision. B. Nothing contained within this Agreement shall be construed to deny or restrict to any Bargaining Unit Member rights she/he may have under the Michigan General School Laws, or any applicable laws and regulations. C. Pursuant to the Michigan Public Employment Relations Act, the Board hereby agrees that every Bargaining Unit Member shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiations. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the Board undertakes and agrees that it will not directly, or indirectly, discourage or deprive or coerce any Bargaining Unit Member in the enjoyment of any rights conferred by the Act or other laws of Michigan, or the Constitutions of Michigan and the United States of America, and that it will not discriminate against any Bargaining Unit Member with respect to hours, wages, or any terms or conditions of employment by reason of her/his membership in the Association or collective negotiations with the Board, or her/his institution of any grievance, complaint, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. D. All employees will have the right to review the contents of their personnel files, and receive a copy (subject to a reasonable fee) with the exception of any confidential information such as letters of recommendation obtained at the time of hiring. The bargaining unit member may submit a written response regarding any material, including complaints, and the same shall be attached to the file copy of the material. The bargaining unit member’s response must be submitted within thirty (30) days of being notified of the inclusion of the material in the file. The employee may, at his/her request, have a Union representative present at such review. Responsibility for arranging for Union representation rests solely with the Union. The employer has two working days in which to schedule the review. E. Employees on all shifts shall have access to a telephone for use for outgoing calls in case of emergency.
Appears in 1 contract
Samples: Master Agreement
Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("BFOQ"). The representatives of the Union and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision.
B. Nothing contained within this Agreement shall be construed to deny or restrict to any Bargaining Unit Member rights she/he may have under the Michigan General School Laws, or any applicable laws and regulations.
C. Pursuant to the Michigan Public Employment Relations Act, the Board Employer hereby agrees that every Bargaining Unit Member employee of the Employer shall have the right freely to organize, join, join and support the Association for the purpose of engaging in collective bargaining or negotiationsnegotiation and other concerted activities for mutual aid and protection. As a duly duly- elected body, body exercising governmental power under color of law of the State of Michigan, the Board Employer undertakes and agrees that it will not directly, directly or indirectly, indirectly discourage or deprive or coerce any Bargaining Unit Member bargaining unit member in the enjoyment of any rights conferred by the Act or other laws of Michigan, Michigan or the Constitutions of Michigan and the United States of America, and States; that it will not discriminate against any Bargaining Unit Member bargaining unit member with respect to hours, wages, or any terms or conditions of employment by reason of herhis/his her membership in the Association, his/her participation in any activities of the Association or collective negotiations with the BoardEmployer, or herhis/his institution her institutions of any grievance, complaint, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. The bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such bargaining unit member.
C. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, or marital status or handicap as provided by law.
D. All employees will Pursuant to the guidelines of the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act”(Act 397 of the Public Acts of 1978, as amended), each bargaining unit member shall have the right right, upon request, to review the contents of their the personnel files, file maintained by the Employer in his/her name. Said review shall take place in the Employer's central office. Each document will be initialed and receive a copy (subject to a reasonable fee) with dated by both the exception of any confidential information such as letters of recommendation obtained at bargaining unit member and the time of hiringSuperintendent or his/her designated representative. The bargaining unit member may have an Association representative present at the review. Confidential teaching credentials and related personal references normally sought at the time of employment are specifically exempted from review. The Employer will maintain (in the Central Administration Office) only one (1) official personnel file for each employee. Materials to be used in completing a bargaining unit employee's evaluation may be kept in a building file until the evaluation is completed and forwarded to the Central Administration Office.
1. The parties acknowledge that the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act” (as amended) will serve as a guideline as to inclusions and exclusions in regard to the contents of a personnel file maintained by the Employer in an employee's name, and in regard to the release of information to a third party. Further, the parties acknowledge that, in addition to Xxxxxxx-Xxxxxxxx, there are other governing Public Acts, laws, and court cases that need (or may need) to be followed in the release of information (example: MCL 380.1230, FERPA, etc.), and that it likely will be necessary to delete or cross out certain materials prior to the release of information to a third party.
2. The Employer shall promptly notify an employee of any requests for personnel file information concerning the teacher made pursuant to the Freedom of Information Act (FOIA), and the employee may review any such request(s) and/or response(s) to such request(s).
E. No material, including but not limited to, student, parental, or school personnel complaints originating after initial employment will be placed in his/her personnel file unless the bargaining unit member has had an opportunity to review the material. The bargaining unit member shall submit a written response notation regarding any material, material including complaints, and the same shall be attached to the file copy of the material in question. When a bargaining unit member 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.
F. Any formal complaint of a serious nature against a bargaining unit member will be called to the attention of the bargaining unit member as soon as the administration deems it appropriate to do so without compromising any investigation or violating any legal requirement. The No such complaint will be included in the bargaining unit member’s response must be submitted within thirty (30) days of being notified 's personnel file or used in any disciplinary action unless and until the bargaining unit member has been informed of the inclusion complaint and the identity of the material in complainant is made known to the filebargaining unit member (unless the law prohibits such disclosure). For purposes of this section, "complainant" shall be defined as a person who will be regarded by the Employer as the primary source for the allegation(s) against the bargaining unit member.
G. No bargaining unit member shall be disciplined without just cause. The employee may, at his/her request, have a Union representative present at such review. Responsibility for arranging for Union representation rests solely with the Unionterm "discipline" as used in this Agreement includes warnings; reprimands; suspensions without pay; and discharges. The employer has two working days specific grounds for disciplinary action will be presented in which writing to schedule the reviewbargaining unit member no later than at the time discipline is imposed.
E. Employees on all shifts H. A bargaining unit member shall be entitled to have access present a representative of the Association during any meeting which leads to or could lead to, disciplinary action. When a telephone request for use for outgoing calls in case such representation is made, no action shall be taken with respect to the bargaining unit member until such representative of emergencythe Association is present. Should disciplinary action likely occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised of the right to representation under this provision of the Agreement.
Appears in 1 contract
Samples: Professional Services
Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("BFOQ"). The representatives of the Union and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision.
B. Nothing contained within this Agreement shall be construed to deny or restrict to any Bargaining Unit Member rights she/he may have under the Michigan General School Laws, or any applicable laws and regulations.
C. Pursuant X. Xxxxxxxx to the Michigan Public Employment Relations Act, the Board Employer hereby agrees that every Bargaining Unit Member employee of the Employer shall have the right freely to organize, join, join and support the Association for the purpose of engaging in collective bargaining or negotiationsnegotiation and other concerted activities for mutual aid and protection. As a duly duly- elected body, body exercising governmental power under color of law of the State of Michigan, the Board Employer undertakes and agrees that it will not directly, directly or indirectly, indirectly discourage or deprive or coerce any Bargaining Unit Member bargaining unit member in the enjoyment of any rights conferred by the Act or other laws of Michigan, Michigan or the Constitutions of Michigan and the United States of America, and States; that it will not discriminate against any Bargaining Unit Member bargaining unit member with respect to hours, wages, or any terms or conditions of employment by reason of herhis/his her membership in the Association, his/her participation in any activities of the Association or collective negotiations with the BoardEmployer, or herhis/his institution her institutions of any grievance, complaint, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
D. All employees will B. The bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or the lack thereof shall be grounds for discrimination with respect to the professional employment of such bargaining unit member.
C. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, or marital status or disability as provided by law.
X. Xxxxxxxx to the guidelines of the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act”(Act 397 of the Public Acts of 1978, as amended), each bargaining unit member shall have the right right, upon request, to review the contents of their the personnel files, file maintained by the Employer in his/her name. Said review shall take place in the Employer's central office. Each document will be initialed and receive a copy (subject to a reasonable fee) with dated by both the exception of any confidential information such as letters of recommendation obtained at bargaining unit member and the time of hiringSuperintendent or his/her designated representative. The bargaining unit member may have an Association representative present at the review. Confidential teaching credentials and related personal references normally sought at the time of employment are specifically exempted from review. The Employer will maintain (in the Central Administration Office) only one (1) official personnel file for each employee. Materials to be used in completing a bargaining unit employee's evaluation may be kept in a building file until the evaluation is completed and forwarded to the Central Administration Office.
1. The parties acknowledge that the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act” (as amended) will serve as a guideline as to inclusions and exclusions in regard to the contents of a personnel file maintained by the Employer in an employee's name, and in regard to the release of information to a third party. Further, the parties acknowledge that, in addition to Xxxxxxx-Xxxxxxxx, there are other governing Public Acts, laws, and court cases that need (or may need) to be followed in the release of information (example: MCL 380.1230, FERPA, etc.), and that it likely will be necessary to delete or cross out certain materials prior to the release of information to a third party.
2. The Employer shall promptly notify an employee of any requests for personnel file information concerning the teacher made pursuant to the Freedom of Information Act (FOIA), and the employee may review any such request(s) and/or response(s) to such request(s).
E. No material, including but not limited to, student, parental, or school personnel complaints originating after initial employment will be placed in his/her personnel file unless the bargaining unit member has had an opportunity to review the material. The bargaining unit member shall submit a written response notation regarding any material, material including complaints, and the same shall be attached to the file copy of the material in question. When a bargaining unit member 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.
X. Any formal complaint of a serious nature against a bargaining unit member will be called to the attention of the bargaining unit member as soon as the administration deems it appropriate to do so without compromising any investigation or violating any legal requirement. The No such complaint will be included in the bargaining unit member's personnel file until the bargaining unit member has been informed of the complaint and the identity of the complainant is made known to the bargaining unit member (unless the law prohibits such disclosure). For purposes of this section, "complainant" shall be defined as a person who will be regarded by the Employer as the primary source for the allegation(s) against the bargaining unit member.
G. A bargaining unit member shall be entitled to have present a representative of the Association during any meeting which leads to or could lead to, disciplinary action. When a request for such representation is made, no action shall be taken with respect to the bargaining unit member until such representative of the Association is present. Should disciplinary action likely occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised of the right to representation under this provision of the Agreement. A copy of the Board’s response must policy on progressive discipline, including future revisions, shall be submitted provided to each Bargaining Unit Member within thirty fifteen (3015) days of being notified the Board’s taking action on such policy.
H. The Association and its representatives shall have the right to use the Employer's buildings at all reasonable hours for meetings, provided that when special custodial services are required, the Employer may make a reasonable charge therefore. No charge shall be made for use of instructional rooms before the commencement of the inclusion scheduled workday nor until 6:00 p.m.
I. Duly authorized representatives of the material Association and their respective affiliates shall be permitted to transact official Association business on the Employer's property at all reasonable times, provided that this shall not interfere with nor interrupt normal operations.
J. The Association as the exclusive representative of employees within the bargaining unit described in the file. The Agreement shall be the only employee may, at his/her request, organization of such employees that shall have a Union representative present at such review. Responsibility for arranging for Union representation rests solely with the Union. The employer has two working days in which right to schedule the review.
E. Employees on all shifts shall use and have access to facilities and equipment, including typewriters, mimeographing machines, other duplication equipment, calculation machines, Internet, e-mail, audio-visual and technology equipment at reasonable times when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and damages incident to such use provided that said equipment was in good working order at the time of use.
K. The Association shall have the exclusive right to post notices of activities and matters of Association concern on designated bulletin boards, at least one of which shall be provided in each building or facility to which bargaining unit members may be assigned. The Association may use employee mailboxes for communication to bargaining unit members.
L. The Employer agrees to furnish to the Association in response to reasonable requests all available information concerning its financial resources and expenditures, including but not limited to: Annual financial reports and audits; names, addresses, seniority and experience credit of all bargaining unit members, compensation paid thereto and educational background; mutually agreed upon budgetary information and allocations; agendas, minutes, and reports of or to all Board meetings; census and membership data; and such other information as will assist the Association in developing intelligent, accurate, informed and constructive programs or proposals on behalf of bargaining unit members together with information which the Association may require to process any grievance or complaint.
M. The rights granted herein to the Association shall not be granted or extended to any competing labor organization unless required by law.
N. The Employer and the Association recognize that communication and a telephone for use for outgoing calls in case team effort within the organization is essential to the delivery of emergencythe educational program. To facilitate teamwork and communication the parties agree that orderly procedures are necessary and must be followed to ensure professional practice within the organization. Concerns, suggestions, proposals, or questions regarding the educational program or the district shall be addressed first with the administration and may be taken at the election of either the administration and/or the Association to the Employer as an agenda item at the Board's monthly meeting.
Appears in 1 contract
Samples: Master Agreement
Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("BFOQ"). The representatives of the Union and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision.
B. Nothing contained within this Agreement shall be construed to deny or restrict to any Bargaining Unit Member rights she/he may have under the Michigan General School Laws, or any applicable laws and regulations.
C. Pursuant to the Michigan Public Employment Relations Act, the Board Employer hereby agrees that every Bargaining Unit Member employee of the Employer shall have the right freely to organize, join, join and support the Association for the purpose of engaging in collective bargaining or negotiations. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the Board undertakes negotiation and agrees that it will not directlyother concerted activities for mutual aid and protection, or indirectly, to refrain from such activities. Neither the district nor the Association will directly or indirectly discourage or deprive or coerce any Bargaining Unit Member bargaining unit member in the enjoyment of any rights conferred by the Act or other laws of Michigan, Michigan or the Constitutions of Michigan and the United States of America, and that it States; will not discriminate against any Bargaining Unit Member bargaining unit member with respect to hours, wages, or any terms or conditions of employment by reason of her/his their membership in the Association, their participation in any activities of the Association or collective negotiations with the BoardEmployer, or her/his institution their institutions of any grievance, complaint, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. The bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or the lack thereof shall be grounds for discrimination with respect to the professional employment of such bargaining unit member.
C. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, or marital status or disability as provided by law.
D. All employees will Pursuant to the guidelines of the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act” (Act 397 of the Public Acts of 1978, as amended), each bargaining unit member shall have the right right, upon request, to review the contents of the personnel file maintained by the Employer in their personnel files, name. Said review shall take place in the Employer’s central office. Each document will be initialed and receive a copy (subject to a reasonable fee) with dated by both the exception of any confidential information such as letters of recommendation obtained at bargaining unit member and the time of hiringSuperintendent or their designated representative. The bargaining unit member may have an Association representative present at the review. Confidential teaching credentials and related personal references normally sought at the time of employment are specifically exempted from review. The Employer will maintain (in the Central Administration Office) only one (1) official personnel file for each employee. Materials to be used in completing a bargaining unit employee’s evaluation may be kept in a building file until the evaluation is completed and forwarded to the Central Administration Office.
1. The “Xxxxxxx-Xxxxxxxx Employee Right to Know Act” (as amended) will serve as a guide- line as to inclusions and exclusions in regard to the contents of a personnel file maintained by the Employer in an employee’s name, and in regard to the release of information to a third party. Further, there are other governing Public Acts, laws, and court cases that need (or may need) to be followed in the release of information (example: MCL 380.1230, FERPA, etc.), and that it likely will be necessary to delete or cross out certain materials prior to the release of information to a third party.
2. The Employer shall promptly notify an employee of any requests for personnel file information concerning the teacher made pursuant to the Freedom of Information Act (FOIA), and the employee may review any such request(s) and/or response(s) to such request(s).
3. If any material within the teacher’s personnel file is believed to be inappropriate or in error, that belief shall be brought to the attention of administration for consideration. If that material is found to be incorrect or inappropriate, that material shall be corrected or expunged from the file.
E. No material, including but not limited to, student, parental, or school personnel complaints originating after initial employment will be placed in their personnel file unless the bargaining unit member has had an opportunity to review the material. The bargaining unit member shall submit a written response notation regarding any material, material including complaints, and the same shall be attached to the file copy of the material in question. When a bargaining unit member is requested to sign material placed in the file, such signature shall be understood to indicate their awareness of the material but shall not be interpreted to mean agreement with the content of the material. The Any formal complaint of a serious nature against a bargaining unit member will be called to the attention of the bargaining unit member as soon as the administration deems it appropriate to do so without compromising any investigation or violating any legal requirement. No such complaint will be included in the bargaining unit member’s response must be submitted within thirty (30) days of being notified personnel file until the bargaining unit member has been informed of the inclusion complaint and the identity of the material in complainant is made known to the filebargaining unit member (unless the law prohibits such disclosure). For purposes of this section, “complainant” shall be defined as a person who will be regarded by the Employer as the primary source for the allegation(s) against the bargaining unit member.
F. A bargaining unit member shall be entitled to have present a representative of the Association during any meeting which leads to or could lead to disciplinary action. The employee mayDistrict shall follow all the basic principles of representation rights set forth in Weingarten.
G. The Association and its representatives shall have the right to use the Employer’s buildings at all reasonable hours for meetings, provided that when special custodial services are required, the Employer may make a reasonable charge therefore. No charge shall be made for use of instructional rooms before the commencement of the scheduled workday nor until 6:00 p.m.
H. Duly authorized representatives of the Association and their respective affiliates shall be permitted to transact official Association business on the Employer’s property at his/her requestall reasonable times, have a Union representative present at such review. Responsibility for arranging for Union representation rests solely provided that this shall not interfere with nor interrupt normal operations and must comply with the Union. The employer has two working days in which to schedule the reviewdistrict’s visitor policy.
E. Employees on all shifts I. The Association as the exclusive representative of employees within the bargaining unit shall have the right to use and have access to facilities and equipment, including copy machines, computers, calculators, Internet, email, audio-visual, and technology equipment at reasonable times when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and damages incident to such use provided that said equipment was in good working order at the time of use.
J. The Association shall have the exclusive right to post notices of activities and matters of Association concern on designated bulletin boards, at least one of which shall be provided in each building or facility to which bargaining unit members may be assigned. The Association may use employee mailboxes for communication to bargaining unit members.
K. The Employer agrees to furnish to the Association in response to reasonable requests all available information concerning its financial resources and expenditures, including but not limited to: Annual financial reports and audits; names, addresses, seniority and experience credit of all bar- gaining unit members, compensation paid thereto and educational background; mutually agreed upon budgetary information and allocations; agendas, minutes, and reports of or to all Board meetings; census and membership data; and such other information as will assist the Association in developing intelligent, accurate, informed and constructive programs or proposals on behalf of bargaining unit members together with information which the Association may require to process any grievance or complaint.
L. The rights granted herein to the Association shall not be granted or extended to any competing labor organization unless required by law.
M. The Employer and the Association recognize that communication and a telephone team effort within the organization is essential to the delivery of the educational program. To facilitate teamwork and communication, orderly procedures are necessary and must be followed to ensure professional practice within the organization. Concerns, suggestions, proposals, or questions regarding the educational program or the district shall be addressed first with the administration and may be taken at the election of either the administration and/or the Association to the Employer as an agenda item at the Board’s monthly meeting.
N. To ensure safety and security for use all members of the school family (students, staff and community), it is understood that no employee shall be mandated to train for outgoing calls the purpose of carrying weapons on school property. If an employee decides to opt out of any training that may be offered, their personal decision will not adversely affect placement, evaluation, or any other aspects of their employment. Subject to Federal or State law.
O. A bargaining unit member may only be discharged, demoted, or otherwise disciplined for a reason that is not arbitrary or capricious. Discipline for the purpose of this Agreement includes warnings, reprimands, and suspensions up to fifteen (15) days.
P. Disciplinary action that includes suspensions over fifteen (15) days or discharge shall occur in case accordance with the statutory requirements under the Michigan Tenure Act.
Q. Discipline may include but is not limited to:
1. Verbal warning or written warning
2. Verbal reprimand or written reprimand
3. Suspension without pay
4. Discharge
R. The District does not have to apply discipline in a progressive manner, but rather, may impose discipline consistent with the seriousness of emergencythe teacher’s conduct, as determined by the District. Additionally, nothing in this Article limits the District’s right to take other appropriate action, such as placing a teacher on administrative leave during an investigation or issuing a counseling memorandum, which is considered instructional, not disciplinary.
Appears in 1 contract
Samples: Master Agreement
Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union Association that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("“BFOQ"”). The representatives of the Union Association and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision.
B. Nothing contained within this Agreement agreement shall be construed to deny or restrict to any Bargaining Unit Member bargaining unit member rights she/he may have under the Michigan General School Laws, law or any applicable laws and regulations.
C. Pursuant to the Michigan Public Employment Relations Act, the Board hereby agrees that every Bargaining Unit Member bargaining unit member shall have the right freely to organize, join, and support the Association for the purpose of engaging in collective bargaining or negotiationsbargaining. As a duly elected body, exercising governmental power under color of law the laws of the State of Michigan, the Board undertakes and agrees that it will not directly, or indirectly, discourage or deprive or coerce any Bargaining Unit Member bargaining unit member in the enjoyment of any rights conferred by the Act or other laws of Michigan, Michigan or the Constitutions of Michigan and the United States of America, America and that it will not discriminate against any Bargaining Unit Member bargaining unit member with respect to hours, wages, or any terms or conditions of employment by reason of her/his membership in the Association or collective negotiations with the Board, Board or her/his institution of any grievance, complaint, or proceeding under this Agreement agreement or otherwise with respect to any terms or conditions of employment.
D. All employees will have the right to review the contents of their personnel files, files and receive a copy (subject to a reasonable fee) with the exception of any confidential information such as letters of recommendation obtained at the time of hiring. The bargaining unit member may submit a written response regarding any material, including complaints, and the same shall be attached to the file copy of the material. The bargaining unit member’s response must be submitted within thirty (30) days of being notified of the inclusion of the material in the file. The employee may, at his/her request, have a Union an Association representative present at such review. Responsibility for arranging for Union Association representation rests solely with the UnionAssociation. The employer Employer has two working days in which to schedule the review.
E. Employees on all shifts shall have access to a telephone for use for outgoing calls in case of emergency.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("BFOQ"). The representatives of the Union and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision.
B. Nothing contained within this Agreement shall be construed to deny or restrict to any Bargaining Unit Member rights she/he may have under the Michigan General School Laws, or any applicable laws and regulations.
C. Pursuant to the Michigan Public Employment Relations Act, the Board Employer hereby agrees that every Bargaining Unit Member employee of the Employer shall have the right freely to organize, join, join and support the Association for the purpose of engaging in collective bargaining or negotiationsnegotiation and other concerted activities for mutual aid and protection. As a duly duly- elected body, body exercising governmental power under color of law of the State of Michigan, the Board Employer undertakes and agrees that it will not directly, directly or indirectly, indirectly discourage or deprive or coerce any Bargaining Unit Member bargaining unit member in the enjoyment of any rights conferred by the Act or other laws of Michigan, Michigan or the Constitutions of Michigan and the United States of America, and States; that it will not discriminate against any Bargaining Unit Member bargaining unit member with respect to hours, wages, or any terms or conditions of employment by reason of herhis/his her membership in the Association, his/her participation in any activities of the Association or collective negotiations with the BoardEmployer, or herhis/his institution her institutions of any grievance, complaint, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. The bargaining unit members shall be entitled to full rights of citizenship and no religious or political activities of any bargaining unit member or the lack thereof shall be grounds for discrimination with respect to the professional employment of such bargaining unit member.
C. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, or marital status or disability as provided by law.
D. All employees will Pursuant to the guidelines of the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act”(Act 397 of the Public Acts of 1978, as amended), each bargaining unit member shall have the right right, upon request, to review the contents of their the personnel files, file maintained by the Employer in his/her name. Said review shall take place in the Employer's central office. Each document will be initialed and receive a copy (subject to a reasonable fee) with dated by both the exception of any confidential information such as letters of recommendation obtained at bargaining unit member and the time of hiringSuperintendent or his/her designated representative. The bargaining unit member may have an Association representative present at the review. Confidential teaching credentials and related personal references normally sought at the time of employment are specifically exempted from review. The Employer will maintain (in the Central Administration Office) only one (1) official personnel file for each employee. Materials to be used in completing a bargaining unit employee's evaluation may be kept in a building file until the evaluation is completed and forwarded to the Central Administration Office.
1. The parties acknowledge that the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act” (as amended) will serve as a guideline as to inclusions and exclusions in regard to the contents of a personnel file maintained by the Employer in an employee's name, and in regard to the release of information to a third party. Further, the parties acknowledge that, in addition to Xxxxxxx-Xxxxxxxx, there are other governing Public Acts, laws, and court cases that need (or may need) to be followed in the release of information (example: MCL 380.1230, FERPA, etc.), and that it likely will be necessary to delete or cross out certain materials prior to the release of information to a third party.
2. The Employer shall promptly notify an employee of any requests for personnel file information concerning the teacher made pursuant to the Freedom of Information Act (FOIA), and the employee may review any such request(s) and/or response(s) to such request(s).
E. No material, including but not limited to, student, parental, or school personnel complaints originating after initial employment will be placed in his/her personnel file unless the bargaining unit member has had an opportunity to review the material. The bargaining unit member shall submit a written response notation regarding any material, material including complaints, and the same shall be attached to the file copy of the material in question. When a bargaining unit member 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.
F. Any formal complaint of a serious nature against a bargaining unit member will be called to the attention of the bargaining unit member as soon as the administration deems it appropriate to do so without compromising any investigation or violating any legal requirement. The No such complaint will be included in the bargaining unit member's personnel file until the bargaining unit member has been informed of the complaint and the identity of the complainant is made known to the bargaining unit member (unless the law prohibits such disclosure). For purposes of this section, "complainant" shall be defined as a person who will be regarded by the Employer as the primary source for the allegation(s) against the bargaining unit member.
G. A bargaining unit member shall be entitled to have present a representative of the Association during any meeting which leads to or could lead to, disciplinary action. When a request for such representation is made, no action shall be taken with respect to the bargaining unit member until such representative of the Association is present. Should disciplinary action likely occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and be advised of the right to representation under this provision of the Agreement. A copy of the Board’s response must policy on progressive discipline, including future revisions, shall be submitted provided to each Bargaining Unit Member within thirty fifteen (3015) days of being notified the Board’s taking action on such policy.
H. The Association and its representatives shall have the right to use the Employer's buildings at all reasonable hours for meetings, provided that when special custodial services are required, the Employer may make a reasonable charge therefore. No charge shall be made for use of instructional rooms before the commencement of the inclusion scheduled workday nor until 6:00 p.m.
I. Duly authorized representatives of the material Association and their respective affiliates shall be permitted to transact official Association business on the Employer's property at all reasonable times, provided that this shall not interfere with nor interrupt normal operations.
J. The Association as the exclusive representative of employees within the bargaining unit described in the file. The Agreement shall be the only employee may, at his/her request, organization of such employees that shall have a Union representative present at such review. Responsibility for arranging for Union representation rests solely with the Union. The employer has two working days in which right to schedule the review.
E. Employees on all shifts shall use and have access to facilities and equipment, including typewriters, mimeographing machines, other duplication equipment, calculation machines, Internet, e-mail, audio-visual and technology equipment at reasonable times when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and damages incident to such use provided that said equipment was in good working order at the time of use.
K. The Association shall have the exclusive right to post notices of activities and matters of Association concern on designated bulletin boards, at least one of which shall be provided in each building or facility to which bargaining unit members may be assigned. The Association may use employee mailboxes for communication to bargaining unit members.
L. The Employer agrees to furnish to the Association in response to reasonable requests all available information concerning its financial resources and expenditures, including but not limited to: Annual financial reports and audits; names, addresses, seniority and experience credit of all bargaining unit members, compensation paid thereto and educational background; mutually agreed upon budgetary information and allocations; agendas, minutes, and reports of or to all Board meetings; census and membership data; and such other information as will assist the Association in developing intelligent, accurate, informed and constructive programs or proposals on behalf of bargaining unit members together with information which the Association may require to process any grievance or complaint.
M. The rights granted herein to the Association shall not be granted or extended to any competing labor organization unless required by law.
N. The Employer and the Association recognize that communication and a telephone for use for outgoing calls in case team effort within the organization is essential to the delivery of emergencythe educational program. To facilitate teamwork and communication the parties agree that orderly procedures are necessary and must be followed to ensure professional practice within the organization. Concerns, suggestions, proposals, or questions regarding the educational program or the district shall be addressed first with the administration and may be taken at the election of either the administration and/or the Association to the Employer as an agenda item at the Board's monthly meeting.
Appears in 1 contract
Samples: Professional Agreement
Bargaining Unit Member Rights. A. It is the continuing policy of the Board and the Union that the provisions of this Agreement shall be applied to all employees without regard to race, color, religious creed, national origin, political activity, age or sex, unless sex is a bona fide occupational qualification ("BFOQ"). The representatives of the Union and the Board in all steps of the grievance procedure and in all dealings with the parties shall comply with this provision.
B. Nothing contained within this Agreement shall be construed to deny or restrict to any Bargaining Unit Member rights she/he may have under the Michigan General School Laws, or any applicable laws and regulations.
C. Pursuant to the Michigan Public Employment Relations Act, the Board Employer hereby agrees that every Bargaining Unit Member employee of the Employer shall have the right freely to organize, join, join and support the Association for the purpose of engaging in collective bargaining or negotiations. As a duly elected body, exercising governmental power under color of law of the State of Michigan, the Board undertakes negotiation and agrees that it will not directlyother concerted activities for mutual aid and protection, or indirectly, to refrain from such activities. Neither the district nor the Association will directly or indirectly discourage or deprive or coerce any Bargaining Unit Member bargaining unit member in the enjoyment enjoy- ment of any rights conferred by the Act or other laws of Michigan, Michigan or the Constitutions of Michigan and the United States of America, and that it States; will not discriminate against any Bargaining Unit Member bargaining unit member with respect to hours, wages, or any terms or conditions of employment by reason of herhis/his her membership in the Association, his/her participation in any activities of the Association or collective negotiations with the BoardEmployer, or herhis/his institution her institutions of any grievance, complaint, or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment.
B. The bargaining unit members shall be entitled to full rights of citizenship and no religious or polit- ical activities of any bargaining unit member or the lack thereof shall be grounds for discrimination with respect to the professional employment of such bargaining unit member.
C. The provisions of this Agreement shall be applied without regard to race, creed, religion, color, national origin, age, sex, or marital status or disability as provided by law.
D. All employees will Pursuant to the guidelines of the “Xxxxxxx-Xxxxxxxx Employee Right to Know Act”(Act 397 of the Public Acts of 1978, as amended), each bargaining unit member shall have the right right, upon re- quest, to review the contents of their the personnel files, file maintained by the Employer in his/her name. Said review shall take place in the Employer’s central office. Each document will be initialed and receive a copy (subject to a reasonable fee) with dated by both the exception of any confidential information such as letters of recommendation obtained at bargaining unit member and the time of hiringSuperintendent or his/her designated repre- sentative. The bargaining unit member may have an Association representative present at the review. Confidential teaching credentials and related personal references normally sought at the time of employment are specifically exempted from review. The Employer will maintain (in the Central Administration Office) only one (1) official personnel file for each employee. Materials to be used in completing a bargaining unit employee’s evaluation may be kept in a building file until the evaluation is completed and forwarded to the Central Administration Office.
1. The “Xxxxxxx-Xxxxxxxx Employee Right to Know Act” (as amended) will serve as a guide- line as to inclusions and exclusions in regard to the contents of a personnel file maintained by the Employer in an employee’s name, and in regard to the release of information to a third party. Further, there are other governing Public Acts, laws, and court cases that need (or may need) to be followed in the release of information (example: MCL 380.1230, FERPA, etc.), and that it likely will be necessary to delete or cross out certain materials prior to the release of information to a third party.
2. The Employer shall promptly notify an employee of any requests for personnel file infor- mation concerning the teacher made pursuant to the Freedom of Information Act (FOIA), and the employee may review any such request(s) and/or response(s) to such request(s).
3. If any material within the teacher’s personnel file is believed to be inappropriate or in er- ror, that belief shall be brought to the attention of administration for consideration. If that material is found to be incorrect or inappropriate, that material shall be corrected or ex- punged from the file.
E. No material, including but not limited to, student, parental, or school personnel complaints origi- nating after initial employment will be placed in his/her personnel file unless the bargaining unit member has had an opportunity to review the material. The bargaining unit member shall submit a written response notation regarding any material, material including complaints, and the same shall be attached to the file copy of the material in question. When a bargaining unit member 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.
F. Any formal complaint of a serious nature against a bargaining unit member will be called to the attention of the bargaining unit member as soon as the administration deems it appropriate to do so without compromising any investigation or violating any legal requirement. The No such complaint will be included in the bargaining unit member’s response must be submitted within thirty (30) days of being notified personnel file until the bargaining unit member has been informed of the inclusion complaint and the identity of the material in complainant is made known to the filebargaining unit member (unless the law prohibits such disclosure). For purposes of this section, “complainant” shall be defined as a person who will be regarded by the Employer as the primary source for the allegation(s) against the bargaining unit member.
G. A bargaining unit member shall be entitled to have present a representative of the Association during any meeting which leads to or could lead to, disciplinary action. The employee mayDistrict shall follow all the basic principles of representation rights set forth in Weingarten. Board policies on pro- gressive discipline is found under Board Policy #3139 and can be found at xxxxx://xx.xxxxxxxxx.xxx/mi/bellaire/Board.nsf/Public
H. The Association and its representatives shall have the right to use the Employer’s buildings at all reasonable hours for meetings, provided that when special custodial services are required, the Employer may make a reasonable charge therefore. No charge shall be made for use of instruc- tional rooms before the commencement of the scheduled workday nor until 6:00 p.m.
I. Duly authorized representatives of the Association and their respective affiliates shall be permitted to transact official Association business on the Employer’s property at his/her requestall reasonable times, have a Union representative present at such review. Responsibility for arranging for Union representation rests solely pro- vided that this shall not interfere with nor interrupt normal operations and must comply with the Union. The employer has two working days in which to schedule the reviewdistrict’s visitor policy.
E. Employees on all shifts J. The Association as the exclusive representative of employees within the bargaining unit shall have the right to use and have access to facilities and equipment, including copy machines, com- puters, calculators, Internet, e-mail, audio-visual, and technology equipment at reasonable times when such equipment is not otherwise in use. The Association shall pay for the reasonable cost of all materials, supplies and damages incident to such use provided that said equipment was in good working order at the time of use.
K. The Association shall have the exclusive right to post notices of activities and matters of Associ- ation concern on designated bulletin boards, at least one of which shall be provided in each build- ing or facility to which bargaining unit members may be assigned. The Association may use em- ployee mailboxes for communication to bargaining unit members.
L. The Employer agrees to furnish to the Association in response to reasonable requests all availa- ble information concerning its financial resources and expenditures, including but not limited to: Annual financial reports and audits; names, addresses, seniority and experience credit of all bar- gaining unit members, compensation paid thereto and educational background; mutually agreed upon budgetary information and allocations; agendas, minutes, and reports of or to all Board meetings; census and membership data; and such other information as will assist the Association in developing intelligent, accurate, informed and constructive programs or proposals on behalf of bargaining unit members together with information which the Association may require to process any grievance or complaint.
M. The rights granted herein to the Association shall not be granted or extended to any competing labor organization unless required by law.
N. The Employer and the Association recognize that communication and a telephone team effort within the organization is essential to the delivery of the educational program. To facilitate teamwork and communication, orderly procedures are necessary and must be followed to ensure professional practice within the organization. Concerns, suggestions, proposals, or questions regarding the educational program or the district shall be addressed first with the administration and may be taken at the election of either the administration and/or the Association to the Employer as an agenda item at the Board’s monthly meeting.
O. To ensure safety and security for use all members of the school family (students, staff and commu- nity), it is understood that no employee shall be mandated to train for outgoing calls in case the purpose of emergencycarrying weapons on school property. If an employee decides to opt-out of any training that may be offered, their personal decision will not adversely affect placement, evaluation, or any other aspects of their employment. Subject to Federal or State law.
Appears in 1 contract
Samples: Professional Services
