Common use of General Provisions and Definitions Clause in Contracts

General Provisions and Definitions. A. A "grievance" is an allegation by a bargaining unit member that the District has violated an expressed provision of this Agreement and that by reason of such violation the grievant's rights have been adversely affected. All other matters and disputes of any nature are beyond the scope of these procedures. Also excluded from these procedures are those matters so indicated elsewhere in this Agreement. The Guild may itself be the grievant with respect to an alleged violation by the District of rights specifically granted to the Guild or a bargaining unit member in this Agreement. The Guild shall identify the affected party to enable the district to effectively research and respond to the grievance. If any group of bargaining unit members has the same grievance, one bargaining unit member may, with the written consent of the other group members, file a single consolidated grievance on behalf of all members of the group. The filing or dependency of a grievance shall not delay or interfere with implementation of any District action during the processing thereof. B. The grievant shall be entitled upon request to be accompanied and represented by a Guild representative at all grievance meetings beyond the informal level. Also, after the grievant and administrator have held their informal meeting, if they mutually desire to hold another informal meeting with a Guild representative present prior to filing a formal grievance, they may do so. In situations where the Guild has not been invited to represent the grievant, the District shall not agree to a final resolution of the grievance until the Guild has received a copy of the grievance and the proposed resolution, and has been given the opportunity to discuss the grievance with the District and to state its views on the matter. C. A "day," as used throughout this Article, is a day in which the District administrative offices are open for business. Any time limit affected by the Christmas holidays or Spring vacation shall be extended by five (5) days. Time limits herein may be lengthened or shortened in any particular case only by mutual written agreement, and the parties shall attempt in good faith to adjust time limit problems which occur beyond Level I as a result of the Summer recess.

General Provisions and Definitions. A. 1. A "grievance" leave of absence is an allegation by authorization for a bargaining unit member that to be absent from duty for a specific period of time and for an approved purpose. Contract temporaries are not eligible for Elected Official Leave. Adult Education Personnel leave rights are covered in Article XV. 2. A leave protects the unit member by holding a place in the District has violated an expressed provision of this Agreement and that by reason of such violation until the grievant's rights have been adversely affected. All other matters and disputes of any nature are beyond the scope of these leave expires (subject to statutory layoff procedures. Also excluded from these procedures are those matters so indicated elsewhere in this Agreement. The Guild may itself be the grievant with respect to an alleged violation by the District of rights specifically granted to the Guild or a bargaining unit member in this Agreement. The Guild shall identify the affected party to enable the district to effectively research and respond to the grievance. If any group of bargaining unit members has the same grievance, one bargaining unit member may), with the written consent right to return to the District in a position of the other group members, file a single consolidated grievance on behalf of all members same status and rank at the conclusion of the groupleave. a. A unit member whose leave of absence is of one year duration or less shall realize no special protection in his/her employment status, nor suffer any penalty, due to having taken the leave. The filing He/she shall return to the assignment he/she held at the commencement of the leave unless he/she would have been reassigned or dependency transferred had he/she been in active service. Any person filling the position of a grievance unit member on such a leave shall not delay or interfere with implementation do so only on a temporary basis, regardless of any District action during his/her employment status within the processing thereofDistrict. A non-temporary unit member voluntarily filling such a temporary vacancy shall relinquish his/her right to return to his/her former position. B. The grievant b. When a unit member’s leave of absence extends beyond a year, he/she shall be entitled upon request returned to his/her previous position if the District utilized a substitute or temporary contract person to fill the position, assuming it still exists and the unit member on leave would not otherwise have been transferred. A returning unit member whose previous position no longer exists or has been filled by another regular employee, and who is to be accompanied assigned to a different school or work site, shall be treated as “surplus” under the provisions of Article VIII, Part E, dealing with voluntary transfers, with placement priority being given only to the extent necessary to meet credential requirements. 3. A condition of each leave of absence is that the credential or permit held at the time the leave was granted, properly authorizing the service, must be maintained in full force by the unit member. 4. Leave benefits for part-time regular unit members shall be accrued, taken and represented by a Guild representative at all grievance meetings beyond paid in the informal level. Also, after same proportion that their regular salary bears to the grievant and administrator have held their informal meeting, salary they would receive if they mutually desire to hold another informal meeting with a Guild representative present prior to filing a formal grievance, they may do so. In situations where the Guild has not been invited to represent the grievant, the District shall not agree to a final resolution of the grievance until the Guild has received a copy of the grievance and the proposed resolution, and has been given the opportunity to discuss the grievance with the District and to state its views on the matterwere full-time. C. A "day," as used throughout this Article, is a day in which the District administrative offices are open for business. Any time limit affected by the Christmas holidays or Spring vacation shall be extended by five (5) days. Time limits herein may be lengthened or shortened in any particular case only by mutual written agreement, and the parties shall attempt in good faith to adjust time limit problems which occur beyond Level I as a result of the Summer recess.