Common use of Class Action Grievances Clause in Contracts

Class Action Grievances. Class action grievances may be filed by the Faculty Association as set forth in this Section. It is the intent of this Section to express the agreement that all grievants are required to satisfy all timeline deadlines and other procedural requirements of this Agreement, including but not limited to, the Faculty Association as the grievant, an individual grievant, or an individual covered within a class action grievance. a. If the same alleged violation of this Agreement is made by more than one (1) unit member, then either the Faculty Association or the one (1) unit member may file a class action grievance on behalf of him/herself and all other grievants in the class. The class action grievance shall be subject to all time deadlines and other procedural requirements of this Agreement. The unit members who wish to be joined in the class shall be required to satisfy all time deadlines and other procedural requirements of this Article applicable to individual grievants until such time as when they are identified in writing by the Faculty Association to the District to be a member of the class covered by the class action grievance. b. When the Faculty Association files a class action grievance, the District shall provide appropriate requested information to the Faculty Association to help the Faculty Association identify, in writing, to the District the unit members who make up the class covered by the class action grievance. Specifically, if the Faculty Association identifies a class of unit members to the District (e.g., by Department or hire date), then the District is obligated to provide the names to the Faculty Association. Failure of the District to provide the names shall not result in exclusion of individuals from the class so long as the affected individual unit member or members have otherwise satisfied all time deadlines and other procedural requirements of this Agreement by: (1) filing an individual grievance satisfying said requirements, or (2) as a result of being a member of the class covered by an individual or Faculty Association initiated class action grievance that satisfies such requirements. c. The District shall have the burden of proof before the arbitrator to prove that any time deadlines or other procedural requirements of this Agreement have not been satisfied. d. The final decision shall apply to all unit members properly joined in the class and to the respondents.

Class Action Grievances. Class action grievances may be filed by the Faculty Association as set forth in this Section. It is the intent of this Section to express the agreement that all grievants grievant(s) are required to satisfy all timeline time deadlines and other procedural requirements of this Agreement, including but not limited to, the Faculty Association as the grievant, an individual grievant, or an individual covered within a class action grievance. a. If the same alleged violation of this Agreement is made by more than one (1) unit member, then either the Faculty Association or the one (1) unit member may file a class action grievance on behalf of him/herself and all other grievants in the class. The class action grievance shall be subject to all time deadlines and other procedural requirements of this Agreement. The unit members who wish to be joined in the class shall be required to satisfy all time deadlines and other procedural requirements of this Article applicable to individual grievants until such time as when they are identified in writing by the Faculty Association to the District to be a member of the class covered by the class action grievance. b. When the Faculty Association files a class action grievance, the District shall provide appropriate requested information to the Faculty Association to help the Faculty Association identifyAssociation, identify in writing, to the District the unit members who make up the class covered by the class action grievance. Specifically, if the Faculty Association identifies a class of unit members to the District (e.g., by Department or hire date), then than the District is obligated to provide the names to the Faculty Association. Failure of the District to provide the such names shall not result in exclusion of individuals from the class so long as the affected individual unit member or members have otherwise satisfied all time deadlines and other procedural requirements of this Agreement by: by (1) filing an individual grievance satisfying said such requirements, or or (2) as a result of being a member of the class covered by an individual or Faculty Association initiated class action grievance that which satisfies such requirements. c. The District shall have the burden of proof before the arbitrator to prove that any time deadlines or other procedural requirements of this Agreement have not been satisfied. d. The final decision shall apply to all unit members properly joined in the class and to the respondents.

Class Action Grievances. Class action grievances may be filed by the Faculty Association as set forth in this Section. It is the intent of this Section to express the agreement that all grievants are required to satisfy all timeline deadlines and other procedural requirements of this Agreement, including but not limited to, the Faculty Association as the grievant, an individual grievant, or an individual covered within a class action grievance. a. If the same alleged violation of this Agreement is made by more than one (1) unit member, then either the Faculty Association or the one (1) unit member may file a class action grievance on behalf of him/herself and all other grievants in the class. The class action grievance shall be subject to all time deadlines and other procedural requirements of this Agreement. The unit members who wish to be joined in the class shall be required to satisfy all time deadlines and other procedural requirements of this Article applicable to individual grievants until such time as when they are identified in writing by the Faculty Association to the District to be a member of the class covered by the class action grievance. b. When the Faculty Association files a class action grievance, the District shall provide appropriate requested information to the Faculty Association to help the Faculty Association identify, in writing, to the District the unit members who make up the class covered by the class action grievance. Specifically, if the Faculty Association identifies a class of unit members to the District (e.g., by Department or hire date), then the District is obligated to provide the names to the Faculty Association. Failure of the District to provide the names shall not result in exclusion of individuals from the class so long as the affected individual unit member or members have otherwise satisfied all time deadlines and other procedural requirements of this Agreement by: (1) filing an individual grievance satisfying said requirements, or (2) as a result of being a member of the class covered by an individual or Faculty Association initiated class action grievance that satisfies such requirements. c. The District shall have the burden of proof before the arbitrator to prove that any time deadlines or other procedural requirements of this Agreement have not been satisfied. d. The final decision shall apply to all unit members properly joined in the class and to the respondents.