Common use of EMPLOYEE RIGHTS AND OBLIGATIONS Clause in Contracts

EMPLOYEE RIGHTS AND OBLIGATIONS. Section 1. The Employer and the Union agree that employees in the bargaining unit shall have the right to form, join, or assist the Union, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Section 2. Employees have the right, regardless of Union membership, to bring matters of personal concern to the attention of appropriate officials in accordance with applicable laws, rules, regulations, or established agency policy. Section 3. Employees have the right to be represented by an attorney or by a representative, of their choice, in any grievance or statutory appeal action, except those subject to the negotiated grievance procedures contained in this Agreement. Section 4. Nothing in this Agreement shall require an employee to become or to remain a member of the Union, or to pay money to the organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deduction as further delineated in this Agreement. Section 5. The Union shall be given the opportunity to be represented at any examination of a unit employee by a representative of the Employer in connection with an investigation if: A. The employee reasonably believes that the examination may result in disciplinary action against the employee; and B. The employee requests representation. These rights will be posted on all bulletin boards and remain posted until updated by management on an annual basis. Section 6. The parties recognize where an investigation takes place as outlined in Section 5 above, and the employee requests Union representation, it is in both parties’ interest that a Union-designated representative be released from normal duties in a timely fashion. This allows for both the statutory representation process to take place and the investigative procedure to Section 7. The employee has the right to confer with the Union during duty hours concerning grievances, complaints, appeals, or other appropriate matters. An employee desiring to confer with a Union representative will make the request for time to his immediate supervisor and obtain approval prior to leaving his work area. Supervisors will grant the request within a reasonable amount of time and any absences from the work area will be limited to reasonable amount(s) sufficient in duration to conduct discussions and/or actions deemed necessary. Section 8. The employee has the right to see, upon his request, all written documentation about himself, including the supervisor file, his personnel folder, and any other documents related to his employment. Copies of such documentation will be provided by the supervisor within a reasonable amount of time to the employee upon his request. Section 9. The parties recognize that employees are entitled to a private personal life in their off- duty activities and such activities are normally of no concern to the Employer. However, where a nexus is established that such off-duty conduct creates an adverse impact on the employee’s ability to perform duties required by the Employer or is so egregious that continued employment would adversely impact the image of SJAFB as an Employer, such conduct may be used in adverse action procedures. Section 10. All employees have the right to be treated with dignity and respect and to have a hostile free work environment. No employee will have to tolerate harassment, bullying, abusive language, intimidation, or discrimination. Section 11. The parties further agree that employees also have an obligation to conduct themselves in a manner reflecting favorably upon themselves, the Employer, Local 7, and the Federal Service. Such obligations typically include reporting for duty in a punctual manner, performing their duties as assigned, and observing the requirements set forth in this Agreement. Section 12. Employees are expected to follow the lawful orders and/or instructions of emergency responding forces or 4 FW augmentees performing duties related to the emergency, exercise or event giving rise to such need. Section 13. The Employer agrees to treat all employees in a fair and equitable manner in the administration of this agreement.

EMPLOYEE RIGHTS AND OBLIGATIONS. Section 1. The Employer and the Union agree that employees in the bargaining unit shall have Each employee has the right to form, join, or assist the Union, or to refrain from any such activity, freely and without fear of penalty or reprisalreprisal to form, join, and each employee assist the Union or to refrain from such activity. The freedom of such employees to assist the Union shall be protected recognized as extending to participating in the exercise management of such rightthe Union and acting for the Union in the capacity of a Union officer or xxxxxxx. Section 2. Employees have The Employer agrees that employees in the rightexercise of these rights shall be protected from interference, regardless of Union membershiprestraint, to bring matters of personal concern to the attention of appropriate officials in accordance with applicable laws, rules, regulationscoercion, or established agency policydiscrimination by any representative of the Employer. Section 3. Employees have the right to be represented by an attorney or by a representative, of their choice, in any grievance or statutory appeal action, except those subject to the negotiated grievance procedures contained in this Agreement. Section 4. Nothing in this Agreement shall require an employee to become or to remain a member of the Union, a labor organization or to pay money to the organization except pursuant to a voluntary, voluntary written authorization by a member for the payment of dues through payroll deduction as further delineated deduction. Section 4. Nothing in this Agreement precludes any employee of the bargaining unit, regardless of Union membership, from bringing matters of personal concern to the attention of appropriate officials under applicable law, rule, regulation, or established Agency policy or from choosing his own representative in a grievance or appellate action except when the grievance is covered under the negotiated procedure contained in this Agreement. Section 5. The Union shall be given the opportunity to be represented at any examination of a unit employee by a representative of the Employer in connection with an investigation if: A. The a. the employee reasonably believes that the examination may result in disciplinary action against the employee; and B. The b. the employee requests representation. These rights will be posted on all bulletin boards and remain posted until updated by management on an annual basis. Section 6. The parties recognize where Prior to the commencement of an investigation takes place as outlined in Section 5 above, and investigatory examination the employee requests Union representation, it is in both parties’ interest that a Union-designated representative will be released from normal duties in a timely fashion. This allows for both informed of the statutory representation process to take place and purpose of the investigative procedure toexamination. Section 7. Employees are expected to cooperate with administrative investigation(s). Section 8. In the administration of this Agreement, and working conditions, all employees will be treated in a fair and equitable manner. Section 9. Employees are encouraged to bring violations of law, policy and/or regulation to the Employer’s attention. Section 10. An employee is accountable for the performance of official duties and compliance with standards of conduct for Federal employees. Section 11. The employee has the right to confer with the Union during duty hours concerning grievances, complaints, appeals, appeals or other appropriate matters. An employee desiring to confer with a Union representative will must make the request for time to his immediate supervisor and obtain approval prior to leaving his work area. Supervisors will grant the request within a reasonable amount of time and any Such absences from the work area will be limited to reasonable amount(s) sufficient in duration to conduct discussions and/or actions deemed necessary. Section 8. The If an employee has the right to seecannot be released when requested, upon his request, all written documentation about himself, including the supervisor file, his personnel folder, and any other documents related to his employment. Copies of such documentation permission normally will be provided by granted within the supervisor within a reasonable amount of time to the employee upon his requestnext workday. Section 9. The parties recognize that employees are entitled to a private personal life in their off- duty activities and such activities are normally of no concern to the Employer. However, where a nexus is established that such off-duty conduct creates an adverse impact on the employee’s ability to perform duties required by the Employer or is so egregious that continued employment would adversely impact the image of SJAFB as an Employer, such conduct may be used in adverse action procedures. Section 10. All employees have the right to be treated with dignity and respect and to have a hostile free work environment. No employee will have to tolerate harassment, bullying, abusive language, intimidation, or discrimination. Section 11. The parties further agree that employees also have an obligation to conduct themselves in a manner reflecting favorably upon themselves, the Employer, Local 7, and the Federal Service. Such obligations typically include reporting for duty in a punctual manner, performing their duties as assigned, and observing the requirements set forth in this Agreement. Section 12. Employees are expected to follow the lawful orders and/or instructions of emergency responding forces or 4 FW augmentees performing duties related to the emergency, exercise or event giving rise to such need. Section 13. The Employer agrees to treat all employees in a fair and equitable manner in the administration of this agreement.

EMPLOYEE RIGHTS AND OBLIGATIONS. 3.1 The Committee and/or the Superintendent, in the exercise of their respective powers, agree not to discharge, discriminate against, interfere with, restrain or coerce any Administrator covered by this Agreement because of the lawful exercise of the rights set forth for such employees in Section 1. 2 of Chapter 150E of the Massachusetts General Laws. 3.2 The Employer Committee and/or the Superintendent and the Union WSAA agree that they will not discriminate against, interfere with, or coerce any Administrator because such Administrator gives testimony, takes part in grievance procedure or hearings, negotiations or conferences for or on behalf of the WSAA or on behalf of any Administrator. 3.3 The Administrators are free to become or refrain from becoming members of the WSAA. Notwithstanding membership in the Association, the WSAA agrees to be responsible for representing the interests of the employees or the bargaining unit without discrimination. 3.4 The Committee and/or the Superintendent and WSAA agree that they will not discriminate against any person in the bargaining unit because of race, color, national origin, sex or marital status. 3.5 The WSAA agrees, upon the request by the Superintendent, that it shall supply the Superintendent, on behalf of the Committee, with a list of its officers and members and the members of its bargaining and grievance committees in writing. The WSAA shall keep the Committee informed of any changes in the roster of such officers, it being understood that providing this information shall not be construed as in any manner interfering with the Association’s right to change officers. 3.6 The WSAA recognizes the authority and responsibility of the Superintendent of Schools or his/her designee in disciplining or reprimanding an Administrator for delinquency or lack of professional performance. Disciplining or reprimanding may be formal or informal. When such disciplining is formal (i.e., the disciplining and/or reprimand is written and is to be placed in the Administrator’s personnel file), the Administrator shall have the right to form, join, or assist the Union, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Section 2. Employees have the a right, regardless if he/she so requests in writing within five (5) days of Union membershipthe receipt of the written disciplinary notice to him/her, to bring matters of personal concern to discuss the attention of appropriate officials in accordance matter with applicable laws, rules, regulations, or established agency policy. Section 3the person initiating the formal disciplinary action. Employees have In such cases the right to be represented by an attorney or by a representative, of their choiceAdministrator may, in any grievance or statutory appeal actionhis/her discretion, except those subject to have a representative of the negotiated grievance procedures contained in this Agreement. Section 4Association present. Nothing in this Agreement shall require an employee Article is intended to become infringe upon or to remain a member limit the right of the UnionSuperintendent or his/her designees to discuss with any individual Administrator covered by this contract, general or professional conduct or performance, or to pay money limit the Superintendent’s or his/her designee’s ability to communicate with the organization except pursuant to staff on a voluntary, written authorization by a member for the payment of dues through payroll deduction as further delineated in this Agreement. Section 5. The Union shall be given the opportunity to be represented at any examination of a unit employee by a representative of the Employer in connection with an investigation if: A. The employee reasonably believes that the examination may result in disciplinary action against the employee; and B. The employee requests representation. These rights will be posted on all bulletin boards and remain posted until updated by management on an annual one-to-one basis. Section 63.7 The provisions of this Agreement are not intended to restrict the Superintendent’s rights or the Principal’s right with the approval of the Superintendent to determine to appoint or not to appoint to a term, or to remove or not to remove an Administrator, except to the extent provided by law, and such actions by the Superintendent and/or Principal shall not be subject to grievance and arbitration. 3.8 It shall be the responsibility of each building or program Administrator, on or before a date set by the Superintendent or his/her designee, to submit a complete budget covering all expenditures requested by or for planned use within the Unit of such Administrator. 3.9 The primary duty of an Administrator shall be to administer programs within his/her planned area of responsibility and to carry out duties assigned. The parties recognize where an investigation takes place as outlined Administrator shall perform these duties in Section 5 aboveaccordance with professional standards. These duties shall include, but not be limited to, the supervision, direction, evaluation, and instructional guidance of employees within the employee requests Union representationarea of responsibility assigned to the Administrator and responsibility for teaching, it is supervision, and performance of students; and planning for such duties, giving full consideration to fiscal limitations, all within the area of responsibility assigned by the Superintendent. From time to time, in both parties’ interest that the discretion of the Superintendent, any Administrator may be temporarily assigned to other duties as are designated by the Superintendent. If the Superintendent assigns a Union-designated representative member to an extended temporary assignment outside of his/her current contracted position for a period of time beyond ten (10) consecutive working days, the Superintendent shall meet with the individual no later than the tenth working day to agree upon a per diem compensation for any subsequent time worked in the temporary assignment. If no agreement can be released from normal duties in a timely fashion. This allows for both reached, the statutory representation process administrator will immediately revert to take place his/her contracted position and the investigative procedure to Section 7Superintendent will fill the temporary position with another individual. The employee has the right No administrator will incur a penalty for failure to confer reach agreement with the Union during duty hours concerning grievances, complaints, appeals, or other appropriate matters. An employee desiring to confer with a Union representative will make Superintendent under the request for time to his immediate supervisor and obtain approval prior to leaving his work area. Supervisors will grant the request within a reasonable amount terms of time and any absences from the work area will be limited to reasonable amount(s) sufficient in duration to conduct discussions and/or actions deemed necessarythis article. Section 8. The employee has the right 3.10 All Administrators covered by this Agreement shall be required to see, upon his request, all written documentation about himself, including the supervisor file, his personnel folder, evaluate employees under their control or direction at times and any other documents related to his employment. Copies of in such documentation will be provided a manner as is designated by the supervisor within a reasonable amount Superintendent of time to the employee upon his requestSchools or his/her designee. Section 9. The parties recognize that employees are entitled to a private personal life in their off- duty activities and such activities are normally of no concern to the Employer. However, where a nexus is established that such off-duty conduct creates an adverse impact on the employee’s ability to perform duties required by the Employer or is so egregious that continued employment would adversely impact the image of SJAFB as an Employer, such conduct may be used in adverse action procedures. Section 10. All employees have the right to be treated with dignity and respect and to have a hostile free work environment. No employee will have to tolerate harassment, bullying, abusive language, intimidation, or discrimination. Section 11. The parties further agree that employees also have an obligation to conduct themselves in a manner reflecting favorably upon themselves, the Employer, Local 7, and the Federal Service. Such obligations typically include reporting for duty in a punctual manner, performing their duties as assigned, and observing the requirements set forth in this Agreement. Section 12. Employees are expected to follow the lawful orders and/or instructions of emergency responding forces or 4 FW augmentees performing duties related to the emergency, exercise or event giving rise to such need. Section 13. The Employer agrees to treat all employees in a fair and equitable manner in the administration of this agreement.