Common use of FACULTY'S RIGHTS Clause in Contracts

FACULTY'S RIGHTS. Section 1: Pursuant to the Michigan Public Employment Relations Act, the Board hereby agrees that every professional employee of the Board shall have the right to freely organize, join and support the Association for the purpose of engaging in collective bargaining. 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 instructor in the enjoyment of any rights conferred by the Act or other laws of Michigan or the Constitution of Michigan and the United States; that it will not discriminate against any instructor with respect to hours, wages or any terms of conditions of employment by reason of membership in the Association, participation in any activities of the Association or collective professional negotiations with the Board, or institution of any grievance, complaint or proceedings under this agreement. Section 2: Nothing contained herein shall be construed to deny or restrict any employee's rights under the Michigan General School Laws or other applicable laws and regulations. Section 3: The Association shall have the right to use appropriate space in the College buildings for meetings of its membership provided at least twenty- four (24) hours advance notice of such desire is given to the Administration. In case of emergency, the time limitation may be suspended by mutual agreement. If the space requested previously has been reserved for some other use, the Administration will attempt to provide alternative space. Any custodial maintenance or operating\overtime pay incurred by reason of usage shall be paid by the Association. It is expressly understood and agreed that the permission to use space in a College building for such meetings, conferred herein, does not authorize the Association or any faculty member to disregard teaching responsibilities in order to attend such meeting or meetings. Section 4: The Association shall be permitted to transact official Association business on College property at reasonable times, provided that this shall not interfere with or interrupt College operations or personnel carrying out responsibilities of the College. Section 5: The Association shall have the right to use equipment at reasonable times when such equipment is not in use. The Association will request such use and shall pay for cost of all materials and supplies incident to such use. Section 6: The Association shall have the right to post notices concerning its business and activities. Also, the Association shall have the right, upon mutual agreement, to post said notices on bulletin boards in faculty office

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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FACULTY'S RIGHTS. Section 1: Pursuant to the Michigan Public Employment Relations Act, the Board hereby agrees that every professional employee of the Board shall have the right to freely organize, join and support the Association for the purpose of engaging in collective bargaining. 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 instructor in the enjoyment of any rights conferred by the Act or other laws of Michigan or the Constitution of Michigan and the United States; that it will not discriminate against any instructor with respect to hours, wages or any terms of conditions of employment by reason of membership in the Association, participation in any activities of the Association or collective professional negotiations with the Board, or institution of any grievance, complaint or proceedings under this agreement. Section 2: Nothing contained herein shall be construed to deny or restrict any employee's rights under the Michigan General School Laws or other applicable laws and regulations. Section 3: The Association shall have the right to use appropriate space in the College buildings for meetings of its membership provided at least twenty- four (24) hours advance notice of such desire is given to the Administration. In case of emergency, the time limitation may be suspended by mutual agreement. If the space requested previously has been reserved for some other use, the Administration will attempt to provide alternative space. Any custodial maintenance or operating\overtime operating \overtime pay incurred by reason of usage shall be paid by the Association. It is expressly understood and agreed that the permission to use space in a College building for such meetings, conferred herein, does not authorize the Association or any faculty member to disregard teaching responsibilities in order to attend such meeting or meetings. Section 4: The Association shall be permitted to transact official Association business on College property at reasonable times, provided that this shall not interfere with or interrupt College operations or personnel carrying out responsibilities of the College. Section 5: The Association shall have the right to use equipment at reasonable times when such equipment is not in use. The Association will request such use and shall pay for cost of all materials and supplies incident to such use. Section 6: The Association shall have the right to post notices concerning its business and activities. Also, the Association shall have the right, upon mutual agreementupon Section 7: The Board agrees to furnish the Association, in response to reasonable requests from time to time, available information concerning the financial resources of the district, tentative budgetary requirements and allocations and such other information as will assist the Association in developing intelligent, accurate, informed, and constructive programs on behalf of the faculty and their students, together with information which may be necessary for the Association to process any grievance or complaint. This shall not be construed as allowing examination of personnel files by the Association without the consent of the involved faculty member. It is understood that this commitment on the part of the Board shall not be construed to make it necessary to compile information in any other form than that in which it is already completed unless mutually agreed otherwise. Section 8: Instructors shall be entitled to full rights of citizenship and no religious or political activities of any instructor or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such instructor. The private and personal life of any instructor is not within the appropriate concern, purview or attention of the Board unless it becomes demonstratively detrimental to the student, to post the instructor's effectiveness or to the standing of the College in the community. Section 9: The provisions of this agreement and the wages, hours, terms and conditions of employment shall be applied in accordance to the College’s Equal Employment Opportunity Policy as outlined in Article XIV Section 13. Section 10: Membership in the Association shall be open to all instructors in accordance to the College’s Equal Employment Opportunity Policy as outlined in Article XIV Section 13. Section 11: Any individual faculty member and/or Association representative shall be entitled to request an appearance on the agenda of all Board meetings provided a written notification of the desire to so appear, together with notification of the nature of the subject to be presented to the Board, is submitted to the President's office on or before the Thursday prior to the regularly scheduled Board meeting. Section 12: It is understood that the Board agenda is of a tentative nature and is subject to change or alteration prior to the Board meetings for which they are prepared. A copy of the tentative agenda for all regular Board meetings will be made available to the Association at the time the same is made available to the Board members and the Board will make reasonable Section 13: Each faculty member shall have the right, upon request, to review the contents of the member's personnel file in the presence of the administrator responsible for the safekeeping of such file. A representative of the Association may, at the faculty member's request, accompany the member in such review. Confidential credentials or related personal references sought at the time of employment at this institution are specifically exempted from such review. The administrator will remove said notices confidential reports from the file prior to the review of the file by the member. (a) The faculty member shall have the opportunity, while examining the files as above provided, to acknowledge that the member has read such materials in the file by affixing the member's signature on bulletin boards the actual copy filed with the understanding that such signature merely signifies that the member has read the material filed but does not necessarily agree with its contents. (b) The faculty member shall have the right to answer any material viewed hereunder and, if the member chooses, such answer shall be attached to the file copy. (c) The faculty member shall be permitted to reproduce or copy any material in the file which the member is permitted to examine. (d) After three (3) years from the date the material is added to the personnel file, material from non-professional sources shall be removed from the faculty officemember's personnel file upon request from the faculty member. (e) There shall be only one (1) set of personnel files. If the tenure statement is kept, it will become part of the personnel files. Section 14: It is assumed that each new faculty member is already competent in the member's area(s) of responsibility or has the ability to become competent. Thus the emphasis by the Board, through the Administration, shall be on helping the member improve. Because the primary purpose of evaluation is the improvement of instruction and student personnel services; its use, by the Board, in deciding whether to retain or release a member of the faculty shall not be considered until after careful and dedicated effort, through the administration, to assist the member has shown that the faculty member is not improving or is improving so slowly that it is doubtful whether the member can gain the competency necessary for tenure. (a) The Board, through the Administration, shall have a conference with the probationary faculty member at least once each semester to discuss the overall evaluation of the said probationary faculty member. (b) Also, the probationary faculty member shall be evaluated by classroom visitation at least once each semester. It would be desirable to hold the evaluation throughout the probationary period within forty-five (45) class days of the beginning of the semester. A personal interview with the probationary faculty member shall be held within seven (7) days of such classroom visitation, unless it is mutually agreed upon in writing to postpone. (c) A written copy of any evaluation shall be submitted to the probationary faculty member at the time of a personal interview and the probationary faculty member shall have the opportunity to review, discuss and retain a copy of the evaluation report. The probationary faculty member shall have the right to answer in writing and have attached to the report any comments concerning the evaluation report. The above-mentioned evaluation report will be in writing, listing the strengths and deficiencies, and will attempt to give a definite recommended program of improvement. The Board agrees to maintain the evaluation reports of the probationary teachers in one file. (d) Each May, an information checklist with a summary of completed observations, follow-up meetings, and procedural events related to the tenure process of all probationary faculty will be provided to the Vice President of Instruction and KFA President by the instructional deans. (e) The Board and the Association will cooperate in an attempt to improve the probationary evaluation procedures. Section 15: The administration must require students to follow the College Student Handbook process for complaints regarding faculty members whenever possible. If a complaint(s) about a faculty member is regarded as serious, the Association should be notified in a timely manner. Section 16: When the President or designee arranges an interview with a faculty member for the purpose of reprimand or disciplinary action, the President, designee and/or the faculty member shall have the right to request a representative of the Association to be present. Section 17: If the total College Fiscal Year Equated Students (FYES) for the enrollment during the regular academic year remains within ten percent (10%) of that of the 1992-1993 FYES regular academic year enrollment, the number of full-time faculty positions funded through institutional funds will remain at a minimum of ninety-three (93). The FYES regular academic year enrollment for 1992-1993 is three thousand two hundred ninety-three (3,293) and is calculated by taking the amount of credit hours generated by the college and dividing by thirty-one (31). This FYES enrollment for subsequent years will be annually provided to the KFA President.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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FACULTY'S RIGHTS. Section 1: Pursuant to the Michigan Public Employment Relations Act, the Board hereby agrees that every professional employee of the Board shall have the right to freely organize, join and support the Association for the purpose of engaging in collective bargaining. 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 instructor in the enjoyment of any rights conferred by the Act or other laws of Michigan or the Constitution of Michigan and the United States; that it will not discriminate against any instructor with respect to hours, wages or any terms of conditions of employment by reason of membership in the Association, participation in any activities of the Association or collective professional negotiations with the Board, or institution of any grievance, complaint or proceedings under this agreement. Section 2: Nothing contained herein shall be construed to deny or restrict any employee's rights under the Michigan General School Laws or other applicable laws and regulations. Section 3: The Association shall have the right to use appropriate space in the College buildings for meetings of its membership provided at least twenty- four (24) hours advance notice of such desire is given to the Administration. In case of emergency, the time limitation may be suspended by mutual agreement. If the space requested previously has been reserved for some other use, the Administration will attempt to provide alternative space. Any custodial maintenance or operating\overtime operating \overtime pay incurred by reason of usage shall be paid by the Association. It is expressly understood and agreed that the permission to use space in a College building for such meetings, conferred herein, does not authorize the Association or any faculty member to disregard teaching responsibilities in order to attend such meeting or meetings. Section 4: The Association shall be permitted to transact official Association business on College property at reasonable times, provided that this shall not interfere with or interrupt College operations or personnel carrying out responsibilities of the College. Section 5: The Association shall have the right to use equipment at reasonable times when such equipment is not in use. The Association will request such use and shall pay for cost of all materials and supplies incident to such use. Section 6: The Association shall have the right to post notices concerning its business and activities. Also, the Association shall have the right, upon mutual agreementupon Section 7: The Board agrees to furnish the Association, in response to reasonable requests from time to time, available information concerning the financial resources of the district, tentative budgetary requirements and allocations and such other information as will assist the Association in developing intelligent, accurate, informed, and constructive programs on behalf of the faculty and their students, together with information which may be necessary for the Association to process any grievance or complaint. This shall not be construed as allowing examination of personnel files by the Association without the consent of the involved faculty member. It is understood that this commitment on the part of the Board shall not be construed to make it necessary to compile information in any other form than that in which it is already completed unless mutually agreed otherwise. Section 8: Instructors shall be entitled to full rights of citizenship and no religious or political activities of any instructor or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such instructor. The private and personal life of any instructor is not within the appropriate concern, purview or attention of the Board unless it becomes demonstratively detrimental to the student, to post the instructor's effectiveness or to the standing of the College in the community. Section 9: The provisions of this agreement and the wages, hours, terms and conditions of employment shall be applied in a manner which is not arbitrary, capricious or discriminatory and without regard to race, creed, religion, color, national origin, age, sex or marital status (meaning only whether a person is single, married, widowed or divorced). Section 10: Membership in the Association shall be open to all instructors regardless of race, creed, sex, marital status, disability or national origin. Section 11: Any individual faculty member and/or Association representative shall be entitled to request an appearance on the agenda of all Board meetings provided a written notification of the desire to so appear, together with notification of the nature of the subject to be presented to the Board, is submitted to the President's office on or before the Thursday prior to the regularly scheduled Board meeting. Section 12: It is understood that the Board agenda is of a tentative nature and is subject to change or alteration prior to the Board meetings for which they are prepared. A copy of the tentative agenda for all regular Board meetings will be made available to the Association at the time the same is Section 13: Each faculty member shall have the right, upon request, to review the contents of the member's personnel file in the presence of the administrator responsible for the safekeeping of such file. A representative of the Association may, at the faculty member's request, accompany the member in such review. Confidential credentials or related personal references sought at the time of employment at this institution are specifically exempted from such review. The administrator will remove said notices confidential reports from the file prior to the review of the file by the member. (a) The faculty member shall have the opportunity, while examining the files as above provided, to acknowledge that the member has read such materials in the file by affixing the member's signature on bulletin boards the actual copy filed with the understanding that such signature merely signifies that the member has read the material filed but does not necessarily agree with its contents. (b) The faculty member shall have the right to answer any material viewed hereunder and, if the member chooses, such answer shall be attached to the file copy. (c) The faculty member shall be permitted to reproduce or copy any material in the file which the member is permitted to examine. (d) After three (3) years from the date the material is added to the personnel file, material from non-professional sources shall be removed from the faculty officemember's personnel file upon request from the faculty member. (e) There shall be only one (1) set of personnel files. If the tenure statement is kept, it will become part of the personnel files. Section 14: It is assumed that each new faculty member is already competent in the member's area(s) of responsibility or has the ability to become competent. Thus the emphasis by the Board, through the Administration, shall be on helping the member improve. Because the primary purpose of evaluation is the improvement of instruction and student personnel services; its use, by the Board, in deciding whether to retain or release a member of the faculty shall not be considered until after careful and dedicated effort, through the administration, to assist the member has shown that the faculty member is not improving or is improving so slowly that it is doubtful whether the member can gain the competency necessary for tenure. (a) The Board, through the Administration, shall attempt to have a conference with the probationary faculty member at least once each semester to discuss the overall evaluation of the said probationary faculty member. (b) Also, the probationary faculty member shall be evaluated by classroom visitation at least once each semester. It would be desirable to hold the evaluation throughout the probationary period within forty-five (45) class days of the beginning of the semester. A personal interview with the probationary faculty member shall be held within seven (7) days of such classroom visitation, unless it is mutually agreed upon to postpone. (c) A written copy of any evaluation shall be submitted to the faculty member at the time of a personal interview and the faculty member shall have the opportunity to review, discuss and retain a copy of the evaluation report. The faculty member shall have the right to answer in writing and have attached to the report any comments concerning the evaluation report. The above-mentioned evaluation report will be in writing, listing the strengths and deficiencies, and will attempt to give a definite recommended program of improvement. The Board agrees to maintain the evaluation reports of the probationary teachers in one file. (d) The Board and the Association will cooperate in an attempt to improve the probationary evaluation procedures. Section 15: The administration must require students to follow the College Student Handbook process for complaints regarding faculty members whenever possible. If a complaint(s) about a faculty member is regarded as serious, the Association should be notified in a timely manner in order to offer support to the faculty member through the Faculty Assistance and Mentoring (FAM) program. Section 16: When the President or designee arranges an interview with a faculty member for the purpose of reprimand or disciplinary action, the President, designee and/or the faculty member shall have the right to request a representative of the Association to be present. Section 17: If the total College Fiscal Year Equated Students (FYES) for the enrollment during the regular academic year remains within ten percent (10%) of that of the 1992-1993 FYES regular academic year enrollment, the number of full-time faculty positions funded through institutional funds will remain at a minimum of ninety-three (93). The FYES regular academic year enrollment for 1992-1993 is three thousand two hundred ninety-three (3,293) and is calculated by taking the amount of credit hours generated by the college and dividing by thirty-one (31). This FYES enrollment for subsequent years will be annually provided to the KFA President.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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