Matters Excluded. All other matters and disputes of any nature are beyond the scope of this grievance procedure including but not limited to reduction in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded are those matters so indicated elsewhere in this Agreement which personally and adversely affects the aggrieved employee.
Matters Excluded. 16.3.1 In addition to matters that may be excluded as provided in other articles of this Agreement, it is expressly understood that the following items are specifically excluded from the grievance procedure:
16.3.1.1 any dispute concerning the provisions of Article 2 of this Agreement;
16.3.1.2 matters relating to the selection and hiring of Unit Members;
16.3.1.3 matters relating to the retention of Unit Members, except as may be specifically provided otherwise in this Agreement;
16.3.1.4 the substantive findings of the District with respect to the evaluation of a Unit Member;
16.3.1.5 matters for which a specific method of review is provided by law, by the rules and regulations of the Board of Trustees, or by the administrative regulations and procedures of the District and not expressly provided for in this Agreement.
16.3.2 The District shall not be required to process any grievance claim arising from any act, omission or practice which occurred more than twenty-five (25) days prior to the effective date of this Agreement or any subsequent amendment to the Agreement.
Matters Excluded. All other matters and disputes of any nature are beyond the scope of this grievance procedure including but not limited to reduction in force; examination procedures, results and references; performance evaluations, except as provided above and in Article 11, Procedure for Performance Evaluation, Paragraph D.1.a. disciplinary matters, and complaints by one employee about another. Also excluded are those matters so indicated elsewhere in this Agreement. Claimed violations of Appendix G, Nondiscrimination and Affirmative Action, are to be handled under other District review procedures and/or statutory procedures, rather than the grievance procedure.
Matters Excluded. All other matters and disputes of any nature are beyond the scope of this grievance procedure including but not limited to reduction in force; examination procedures, results and references; performance evaluations, except as provided above and in Paragraph 12.E.1.a; disciplinary matters; and complaints by one employee about another. Also excluded, are those matters so indicated elsewhere in this Agreement. Claimed violation of Article 3, Nondiscrimination and Affirmative Action, are to be handled under other District review procedures and/or statutory procedures, rather than the grievance procedure, with the exception of Section 3.D, which shall be grievable.
Matters Excluded. The grievance procedure is not for the adjustment of complaints relating to any of the following:
1. Matters relating to the selection and/or hiring of employees except selection and/or hiring procedures.
2. Suspensions, demotions, and dismissals for which review procedures are provided by Personnel Commission rules.
3. The review of performance evaluations in which the overall evaluation indicates that the employee "meets or exceeds work performance standards," except any procedural violations of Article 16. Also, any and all probationary performance evaluations except probationary evaluations issued to permanent employees.
4. The review of a written open non-confidential reference submitted in conjunction with a selection or evaluation for a position.
5. Notices of Unsatisfactory Service which are the basis for further disciplinary action and Notice of Unsatisfactory Service issued to probationary employees.
Matters Excluded. Excluded from these procedures are: A. Any claimed violation of Subchapter III of Chapter 73 of Title 5, U. S. C. (relating to prohibited political activities).
Matters Excluded. Not included in this Agreement would be any general counsel legal services, or any other litigation defense services, except as otherwise specifically authorized by the CLIENT.
Matters Excluded. This grievance procedure does not apply to:
a. any violation of prohibited political activities;
b. retirement, life insurance, or health insurance;
c. a suspension or removal for national security reasons;
d. any examination, certification, or appointment;
e. classification of a position which does not result in reduction in grade or pay of an employee;
f. non-selection for promotion from a group of properly ranked or certified candidates or failure to receive a noncompetitive promotion; (This does not apply to the right to grieve over improper procedures used during the selection process)
g. termination of a temporary promotion;
h. non-adoption of a suggestion;
i. disapproval of honorary or discretionary awards; or
j. any adverse action taken against a probationary, temporary employee, or employee serving on a provisional appointment;
k. Equal Employment Opportunity complaints, if first elected as the route of complaint by the employee;
l. matters appealable to the Merit Systems Protection Board (MSPB).
Matters Excluded. Excluded from these procedures are:
A. Any claimed violation of Subchapter III of Chapter 73 of Title 5, U. S. C. (relating to prohibited political activities).
B. Retirement, life insurance or health insurance.
Matters Excluded. The Commission will not review under these rules the following decisions by the National Fu- tures Association:
(1) A decision in a disciplinary action if the party aggrieved by the decision knowingly failed to pursue the right to appeal an adverse decision to the Ap- peals Committee of the National Fu- tures Association and there are no ex- xxxxxxxxxxx circumstances that other- wise warrant Commission consider- ation of the aggrieved party’s appeal;
(2) A decision in an arbitration ac- tion brought pursuant to section 17(b)(10) of the Act or any rule of the National Futures Association;
(3) Suspension of a member based solely on that member’s failure to pay National Futures Association dues;
