ASSOCIATION RIGHTS AND PRIVILEGES A. There will be no reprisals of any kind taken against any teacher solely by reason of his/her membership in the Association or for participation in any of its lawful activities.
B. The Association will be provided with copies of minutes of public session official Board meetings. The Board will be provided copies of minutes of public session meetings of the Association.
C. The Association may request and shall be given a place on the agenda of all regular Board meetings for brief reports and announcements.
D. The Superintendent shall be available upon reasonable request to meet with representatives of the Association.
E. The principal of each school shall be available upon reasonable request of Association representatives to discuss questions relating to the implementation of this Agreement in his/her school.
F. The Association will be provided with the names and addresses of all new teachers and all retiring teachers as soon as such information is available.
G. The Association will have the right to have placed in the Superintendent’s packet for all new teachers a letter prepared by the Association which informs said teachers that the Association is recognized as the exclusive negotiating representative for all teachers in the Xxxxxx County Public School System.
H. The Association shall be given a place on the agenda of the orientation program for new teachers to explain the function and benefits of membership.
I. In order for the Association to properly fulfill this Agreement for the benefit of all teachers and the welfare of the school system, the Association representative may visit schools and talk with teachers, provided that the exercise of this right will not interfere with the educational program. The Association representative will check in at the front office of the school upon his/her arrival.
J. The Association shall continue to use school buildings without cost at reasonable times for meetings provided the use of the building shall not result in any additional cost to the Board. The principal of the building in question will be notified in advance of the time and place of all such meetings.
K. The Association representative will have the right to schedule meetings of the teachers before or after school work days or at any other times which do not disrupt the normal school program.
L. There will be bulletin board space of appropriate size reserved for the Association, in an appropriate place in each school building, for the purpose of displaying notices, circulars, and such material. Copies of all such material will be given to the building principal, but his/her advance approval will not be required.
M. The Association will have the right to place Association notices, circulars, and other materials in all teachers’ mailboxes. Copies of all such material will be given to the building principal and Superintendent, but his/her advance approval will not be required. The Association will also have the right to use the interschool mail to distribute prepackaged and labeled material, and its office shall be a designated stop on the interschool mail distribution route for delivery of interschool mail, so long as the Association office is on a regular route.
N. No teacher will be prevented from wearing pins or other identification of membership in the Association.
O. Teachers shall be allowed to attend professional meetings with the approval of the Superintendent.
P. The rights and/or privileges granted to the Association in this section will not be granted to any other teachers’ group or organization during the term of this Agreement.
Q. Officers and members of the Association recognize that school equipment, time, and materials are intended primarily for the use of pupils.
R. Unless a teacher requests that his/her address and phone number not be distributed, the Association faculty representative shall be provided with a faculty list, including home addresses and telephone numbers, by September 15.
S. Association officers and/or representatives shall be permitted to draw upon a total of fifty
Rights and Privileges All participants enrolled in courses pursuant to the CONTRACT shall be entitled to all the rights and privileges to which other CONTRACTOR students are entitled, including, but not limited to, special instruction, use of facilities on CONTRACTOR’s premises such as the libraries and learning centers, counseling, student body activities, and veterans’ benefits. CONTRACTOR’s representatives will provide academic counseling for participants and inform them of CONTRACTOR’s services available to them.
FEDERATION RIGHTS 1. The following organizational rights shall not be enjoyed by any rival organization.
2. The Federation shall be able to use existing bulletin board(s) or place bulletin boards at the Education Center and Iowa Street locations in a mutual agreeable location(s) that are visible to employees.
3. The Federation shall be represented on committees established by the Board when other employee groups are represented.
4. The facilities requested by the Federation shall not be denied, except where there is a previously announced and conflicting meeting or activity.
5. Information, statistics, and records relating to wages, hours, benefits, and all other terms and conditions of employment reasonably necessary for the proper enforcement of the terms of this contract, to the extent permitted by privacy laws, shall be made available to the Federation upon request at cost. The Federation President shall receive information which is to be given to the public on the Friday before the Board of Education meeting or as soon thereafter as it is available.
6. The Federation shall have the right to distribute bulletins and other pertinent materials through the inter-school mail delivery and/or by placing them in the mailboxes of employees or by distributing them to employees at their work locations, provided that the employee's normal work duties are not disrupted.
7. The Federation President, or his/her designee who is employed by the Board, shall have the right to visit schools and other work locations to investigate working conditions, employee complaints or problems, or for a purpose relating to the terms and conditions of employment, provided there is no interruption of the employee's normal duties and that the Federation representative announced his/her presence to the principal, or to the person in charge if the principal is not immediately available.
8. The Board shall provide the Federation with the names and addresses of new bargaining unit employees, and the change of addresses and new positions of current employees. The Board will provide annually, within twenty (20) days of the first paycheck, to the Federation a list of bargaining unit members including their work location, classification, and home address. In addition, the Board will provide a list of employees and their seniority dates. As soon as telephone numbers are entered into Board computers, the Board will provide them with the directory information unless the employee objects.
9. The Federation shall be notified of any proposed change in policy or procedure affecting its employees before the change is put into effect. The Federation shall have an opportunity to make recommendations concerning such proposals before they are put into effect. If the Board or the Superintendent issues a policy or procedure which becomes effective because of an emergency or through inadvertence before the Federation is notified and given an opportunity to make recommendations, the Federation, upon request, shall be given an opportunity to make recommendations and, where appropriate, the policy or procedure will be reconsidered.
10. Upon ratification of the contract, the Federation shall have one thousand (1,000) copies printed; the Board and the Federation shall agree on the format. The Board shall pay half the cost of printing the contract in a Union print shop within the Cincinnati City School District which presents the lowest of three bids obtained by the Federation.
11. The Board shall deduct contributions to the Committee on Political Education (COPE) fund from the pay checks of any employee who authorizes in writing that such deductions be made. The Board shall transmit such contributions to the Federation monthly, or less frequently if the Federation so requests. The Federation shall be charged no more than four cents ($.04) per deduction and ten dollars ($10.00) per transmittal to defray the cost of making the deductions. Employees who desire to cancel COPE deductions shall notify the Federation in writing. The Federation shall transmit the cancellations promptly to the Board. Under no circumstances shall the Federation deny the right of employees to revoke the authorization of payroll deduction of Federation COPE contributions.
a. The Board shall not be liable to the Federation for the remittance or payment of any sum other than that constituting actual deductions made from the wages of office employees. The Federation shall indemnify and hold the Board harmless against any and all claims, demands, suits or other forms of liability including, by way of example and not limitation, the cost of any judgment against the Board and the reasonable value of any attorney fees incurred, that may arise out of or by reason of action taken by the Board or not taken by the Board for the purpose of complying with any provision of this Section. The provisions of this Section shall comply with Section 9.41 of the Ohio Revised Code.
ASSOCIATION PRIVILEGES A. Building representatives of the Association in each building may use the designated bulletin board space as approved by the building principal to post notices for Association concerns. Such notices shall be limited to the following:
1. Association meetings.
2. Association elections and appointments.
3. Results of Association elections.
4. Recreational and social events of the Association.
5. General communications relevant to the Association. The building principal and Superintendent will direct building representatives to remove inappropriate materials from bulletin boards.
B. Representatives of the Association, with prior approval from the building principals, may make announcements during school faculty meetings either at the beginning or ending of such meetings.
C. Representatives may make announcements over the building public address system before and after the student day after notifying the building principal.
D. The Association President shall receive notice of any scheduled Board meetings and will receive the agenda of regularly scheduled meetings at the same time as the members of the Board of Education.
E. Any employee of the teaching staff may request to speak to the Board in compliance with Board policy governing addressing the Board in public session.
F. Personnel directories, which includes the telephone number for the administrators’ District-provided cell phone number, will be published on the District Directory. Such directory shall be updated at least quarterly. The Personnel directory shall include, at a minimum, the employee's name, assigned building, assigned position, and if a bargaining unit member, the content or grade level being taught.
G. The President of the Association may, upon notification to and approval by the Superintendent, address unit members during staff development days at the beginning of each school year.
H. The Association building representative, upon notification to the building principal, may use individual school equipment. The Association will have the right to use school buildings at reasonable times for meetings provided prior approval is received from the building principal. All equipment will be checked as to condition by the building principal prior to its use so that in the event of damage or breakage, the Association will be responsible to repair or replace at pro-rated market value. Supplies in connection with such equipment will be paid for by the Association.
I. The Association may place organization identification on the mailboxes of Association members and place communiqués within them.
J. Negotiation meetings shall normally be scheduled on other than school time. However, if by mutual agreement, negotiations are scheduled on school time, unit members shall be released from their duties without loss of pay.
K. The President and/or designee of the Association may visit the schools of the District before and after his/her normal unit member duty day, and during his/her duty free lunch.
L. Association building representatives may call building meetings of the Association members assigned to the building before or after the normal student day, as long as said meetings do not conflict with the regularly scheduled unit member duties.
M. Association membership is annual with the membership year being September 1 – August 31. Once a member enrolls, such membership shall be continuous thereafter for each subsequent membership year unless the individual cancels his/her membership.
N. Professional dues will be deducted in equal amounts as specified in Article 10(J), and the Association is responsible for supplying the proper form for authorization. Authorization and membership continues from year to year unless an Association member notifies the Association Membership Chairperson or Association President, and the Board Treasurer in writing between August 1 and August 31 of any given school year to discontinue such deduction and membership. Such authorization shall be effective with the first pay period after receipt of the authorization by the Treasurer. A member may cancel his/her membership outside of the aforementioned cancellation period but shall be responsible for all remaining dues and assessments of the current membership year and by such cancellation acknowledges that he/she is foregoing any rights specifically reserved to members of the Association.
O. The Board and the Association recognize the right of employees to form, join and participate in lawful activities of employee organizations and the right of employees to refuse to form, join and participate in such activities. When a refusal is registered by an employee, the Association shall not coerce an employee to join, participate in the activities of the organization, or to pay dues to the organization.
P. There will be no reprisals of any kind by either the Board or the Association against any employee by reason of participation or nonparticipation in the activities of the Association.
UNION PRIVILEGES It is agreed that the business representative of the Union shall be admitted during working hours, at reasonable times, to interview employees while on duty or to inspect working conditions; provided, however, that such visits shall not unduly disturb the Employer's business and further, that the business representative shall report his presence to the Store Manager upon arrival at the store.
Privileges All privileges that may be asserted under applicable law, including, without limitation, privileges arising under or relating to the attorney-client relationship (including but not limited to the attorney-client and work product privileges), the accountant-client privilege, and privileges relating to internal evaluative processes.
INSPECTION PRIVILEGES Authorized agents of the Union shall have access to the Employer’s establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that this Agreement is being adhered to, provided, however, that there is no interruption of the Employer’s working schedule. The Employer agrees that in situations where a specific form of identification may be required by law to access a location, it will assist the Local Union in obtaining such identification so as to per- form their duties consistent with this Article.
Subscription Rights, Preferences or Privileges If the Company shall at any time offer or cause to be offered to the persons in whose names deposited Preferred Stock is registered on the books of the Company any rights, preferences or privileges to subscribe for or to purchase any securities or any rights, preferences or privileges of any other nature, such rights, preferences or privileges shall in each such instance be made available by the Depositary to the record holders of Receipts in such manner as the Company shall instruct (including by the issue to such record holders of warrants representing such rights, preferences or privileges); provided, however, that (a) if at the time of issue or offer of any such rights, preferences or privileges the Company determines upon advice of its legal counsel that it is not lawful or feasible to make such rights, preferences or privileges available to the holders of Receipts (by the issue of warrants or otherwise) or (b) if and to the extent instructed by holders of Receipts who do not desire to exercise such rights, preferences or privileges, the Depositary shall then, if so directed by the Company and if applicable laws or the terms of such rights, preferences or privileges so permit, sell such rights, preferences or privileges of such holders at public or private sale, at such place or places and upon such terms as it may deem proper. The net proceeds of any such sale shall, subject to Sections 3.01 and 3.02, be distributed by the Depositary to the record holders of Receipts entitled thereto as provided by Section 4.01 in the case of a distribution received in cash. The Depositary shall not make any distribution of such rights, preferences or privileges, unless the Company shall have provided to the Depositary an opinion of counsel stating that such rights, preferences or privileges have been registered under the Securities Act or do not need to be registered. If registration under the Securities Act of the securities to which any rights, preferences or privileges relate is required in order for holders of Receipts to be offered or sold the securities to which such rights, preferences or privileges relate, the Company agrees that it will promptly notify the Depositary of such requirement, that it will promptly file a registration statement pursuant to the Securities Act with respect to such rights, preferences or privileges and securities and use its commercially reasonable efforts and take all steps available to it to cause such registration statement to become effective sufficiently in advance of the expiration of such rights, preferences or privileges to enable such holders to exercise such rights, preferences or privileges. In no event shall the Depositary make available to the holders of Receipts any right, preference or privilege to subscribe for or to purchase any securities unless and until such a registration statement shall have become effective or unless the offering and sale of such securities to such holders are exempt from registration under the provisions of the Securities Act. If any other action under the law of any jurisdiction or any governmental or administrative authorization, consent or permit is required in order for such rights, preferences or privileges to be made available to holders of Receipts, the Company agrees that it will promptly notify the Depositary of such requirement and to use its commercially reasonable efforts to take such action or obtain such authorization, consent or permit sufficiently in advance of the expiration of such rights, preferences or privileges to enable such holders to exercise such rights, preferences or privileges. The Depositary will not be deemed to have any knowledge of any item for which it is supposed to receive notification under any Section of this Deposit Agreement unless and until it has received such notification.
Rights and Powers Creditor may, without obligation to do so, exercise one or more of the following rights and powers with respect to the Collateral: (a) Accept in its discretion, but subject to the applicable limitations of Section 8, other property of the Borrower in exchange for all or part of the Collateral and release Collateral to the Borrower to the extent necessary to effect such exchange, and in such event the money, property or securities received in the exchange shall be held by the Creditor as substitute security for the Note and all other indebtedness secured hereunder; (b) Perform such acts as are necessary to preserve and protect the Collateral and the rights, powers and remedies granted with respect to such Collateral by this Agreement; and (c) Transfer record ownership of the Collateral to Creditor or its nominee and receive, endorse and give receipt for, or collect by legal proceedings or otherwise, dividends or other distributions made or paid with respect to the Collateral, but only if there exists at the time an outstanding event of default under Section 9 of this Agreement. Any action by Creditor pursuant to the provisions of this Section 3 may be taken without notice to Borrower. Expenses reasonably incurred in connection with such action shall be payable by the Borrower and form part of the indebtedness secured hereunder, as provided in Section 11. So long as there exists no event of default under Section 9 of this Agreement, Borrower may exercise all Member voting rights and be entitled to receive any and all regular cash distributions paid on the Collateral. Accordingly, until such time as an event of default occurs under this Agreement, all proxy statements and other Member materials pertaining to the Collateral shall be delivered to the Borrower at the address indicated below. Any cash sums that Creditor may receive in the exercise of its rights and powers under this Section 3 shall be applied to the payment of the Note and any other indebtedness secured hereunder, in such order of application, as Creditor deems appropriate. Any remaining cash shall be paid over to the Borrower.
Rights and Licenses The W ork is made up of intellectual property that may fall into four categories: (1) Your Manuscript; (2) Our W ork Product; (3) Our Property; and (4) Third Party Property. Your Manuscript includes the text of the W ork, in its original form as submitted by You and as edited by Us during the fulfillment of editorial Services purchased by You, and graphics or other materials, all owned or authorized in writing by the owners to be submitted by You to be incorporated into the W ork. YOU (AND/ OR THE PERSONS YOU ARE EXCLUSIVELY AUTHORIZED TO REPRESENT IN THIS AGREEMENT) WILL REMAIN THE SOLE AND EXCLUSIVE OWNER(S) OF ALL RIGHT, TITLE, AND INTEREST, INCLUDING COPYRIGHT, IN AND TO YOUR MANUSCRIPT. Our W ork Product includes the book design, book cover design, graphics, Illustrations (as defined below), and other content that W e or Our Contractors create in the process of fulfilling the Services (with the exception of the text of the W ork). Our Property includes Our intellectual property, such as imprint logos, imprint names, trademarks, barcodes, and ISBN's. As between You and Us, W e remain the sole and exclusive owner of all right, title and interest, including copyright, in and to Our Work Product and Our Property. Third Party Property includes content or material that is owned or controlled by third parties that either W e license, or You license or otherwise have permission to use in the W ork. If Your use of Third Party Property is subject to any restrictions (such as a limit on the number of reproductions of an image), You are responsible to ensure that You comply with those restrictions. All right, title and interest in Third Party Property shall remain with the respective Third Party. Third Party Property licensed to Us may be used only in the version of the Work (in any format) that We create, and may not be removed or used in any other versions of the Work or other products or materials. During the Term of this Agreement and for the purpose of fulfilling the Services purchased by You and complying with Our obligations under this Agreement, with respect to the W ork, Your Manuscript and Third Party Property licensed to You for use in the W ork, You authorize, consent to and grant to Us and Our Contractors the following: The worldwide rights and license to display, exhibit, reproduce, digitize, modify, license, and otherwise use the information that You provide to Us about You (such as Your name or chosen pen name, image, likeness, appearance, voice, video footage, biographical and personal information, etc.) and information about the Work (such as the title, Your description of the Work, excerpts and images from the W ork, etc.), in all materials created by Us or on Our behalf that incorporate any of the information above, in any format and in all media; The worldwide rights and license to send free review copies of the W ork to members of media and other potential book reviewers or book sellers, in Our sole discretion; The worldwide rights and license to make excerpts or previews of the W ork available for preview on websites or via other media, including the websites of certain unaffiliated third party retailers, such as Amazon, Google, and Apple, in Our sole discretion; The exclusive, transferable, worldwide license to manufacture, store, use, display, execute, reproduce (in whole or in part), transmit, modify (for example, for formatting purposes or to create authorized derivative works), import, make, have made, offer to sell, print, publish, market, sublicense, distribute, and sell (individually or as part of compilations of collective works), and license for use via any subscription model or lending model, through all distribution channels available now or as may become available in the future, in any language, in any format, and via any medium, now known or hereafter devised, selected in Our sole discretion and consistent with the Services You purchase, the W ork; During the transition period of ninety (90) days after termination of this Agreement, the non-exclusive, worldwide license to engage in the activities set forth above; and The right and license to compile and use statistical information regarding sales of the W ork. . After this Agreement is terminated, X x xxxxx to You a non-exclusive, worldwide license to manufacture, store, use, display, execute, reproduce, transmit, import, make, have made, offer to sell, print, publish, market, sublicense, distribute, and sell Our W ork Product and Third Party Property provided by Us only as it is incorporated into the version of the Work that was created by Us. The re-sale of copies of the W ork purchased previously by You or a third party is not subject to the terms of this Agreement. We grant to You a perpetual, non-exclusive, irrevocable, royalty-free, worldwide license to use, store, display, reproduce, transmit, sell, print, publish, market, distribute, sub-license, transfer, and make or have made derivative works, for any purpose whatsoever, the custom illustrations that W e create pursuant to this Agreement ("Illustrations").