Common use of Member Rights Clause in Contracts

Member Rights. A. The Employer hereby agrees that every bargaining unit member shall have the right to freely join, organize, participate in, support or assist the Association in engaging in lawful concerted activities for the purpose of collective negotiations or bargaining with the Employer with respect to rates of pay, wages, hours or other conditions of employment and for other mutual aid and protection purposes as provided for in the Michigan Public Employment Relations Act MCL 423.201 et seq. The Employer agrees that it will not interfere with, restrain, discourage, or coerce any member in the employment or exercise of any rights conferred or guaranteed by PERA or any other laws of the State of Michigan or by the Michigan or United States Constitution. The Employer further agrees that it will not discriminate against any member with respect to rates of pay, wages, hours of employment or other conditions of employment by reason of his/her membership in the Association, by reason of his/her participation in any lawful concerted activities of the Association for the purpose of collective negotiation or bargaining or for other mutual aid and protection purposes provided for in ▇▇▇ ▇▇▇, or by reason of institution of any grievance, complaint or proceedings provided for in this Agreement or otherwise with respect to any terms or conditions of employment. B. Each member will have the right to review the contents of his/her own personnel file. Confidential credentials are exempt from review by the employee. A representative of the Association may, at the member’s request, accompany the member in such review. The review will be made in the presence of the administrator responsible for the safekeeping of such file. The personnel file may include: Certificates, Degree Verifications, Transcripts, Evaluations, Reprimands, Requests for Leaves, Commendations, Substantiated Complaints, Notice to Member, provided it is noted that it is going in the file, and factual information for district operations. C. The personnel file will be in the central administration office and will constitute the only official documentation of an employee in the district. No materials, including but not limited to, evaluations, commendations, or complaints, shall be placed in a member’s personnel file unless the member has had an opportunity to read the material. The employee shall acknowledge that he/she has read such materials by affixing his/her signature on the actual copy to be filed, with the understanding that such signature shall indicate his/her awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. If the employee believes that the material to be placed in his/her file is inappropriate or in error, the employee may use the grievance procedure to receive adjustment. If the grievance procedure determines the material to be inappropriate, it shall be removed. If the material is in error, it shall be corrected and retained in the file. D. All members covered under the Agreement, who participate in the production of tapes, publications, or other produced educational material, shall retain rights should they be copyrighted or sold by the district, provided such work was produced after normal school hours. E. All members have the right to union representation, where appropriate and requested.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Member Rights. A. The Employer Pursuant to Act 336 of the Public Acts of 1947 as amended by Act 379 of the Michigan Public Acts of 1965, the Board hereby agrees that every bargaining unit member employee of the Board shall have the right freely to freely join, organize, participate in, join and support or assist the Association in engaging in lawful concerted activities for the purpose of engaging in collective bargaining or negotiations or bargaining with the Employer with respect to rates and other lawful activities short of paystrike, wages, hours or other conditions of employment and for other mutual aid and protection purposes as provided for in protection. As a duly elected body exercising governmental power under the Michigan Public Employment Relations Act MCL 423.201 et seq. The Employer laws of the State of Michigan, the Board undertakes and agrees that it will not interfere with, restrain, discourage, directly or indirectly discourage or deprive or coerce any member employee in the employment or exercise enjoyment of any rights conferred by Act 379 or guaranteed by PERA or any other laws of Michigan or the State Constitution of Michigan or by and the Michigan or United States ConstitutionStates. The Employer further Board agrees that it will not discriminate against any member employee with respect to rates of payhours, wages, hours of employment or other any terms or conditions of employment by reason of his/her the employee’s membership in the Association, by reason of his/her Association or the employee’s participation in any lawful concerted activities activity of the Association for the purpose of collective negotiation or bargaining or for other mutual aid and protection purposes provided for in ▇▇▇ ▇▇▇Association, or by reason of collective negotiations with the Board or the employee’s institution of any grievance, complaint complaint, or proceedings provided for in proceeding under this Agreement or otherwise with respect to any terms or conditions of employment. B. Each member will have the right Members shall be entitled to review the contents full rights of his/her own personnel file. Confidential credentials are exempt from review by the employee. A representative of the Association may, at the member’s request, accompany the member in such review. The review will be made in the presence of the administrator responsible for the safekeeping of such file. The personnel file may include: Certificates, Degree Verifications, Transcripts, Evaluations, Reprimands, Requests for Leaves, Commendations, Substantiated Complaints, Notice to Member, provided it is noted that it is going in the file, and factual information for district operationscitizenship. C. The personnel file will Members shall be expected to exercise reasonable care with respect to the safety of pupils and property, but shall not be individually liable, except in the central administration office and case of negligence or neglect of duty, for any damage or loss to person or property. D. No material originating after initial employment will constitute the only official documentation of an employee in the district. No materials, including but not limited to, evaluations, commendations, or complaints, shall be placed in a memberthe employee’s personnel file unless the member employee has had an opportunity to read review the material. The employee may submit a written notation regarding any material and the same shall acknowledge be attached to the file copy of the material in question. If the employee believes that any material to be placed in his/her file is inappropriate, in error, or unsubstantiated, he/she has read may receive adjustment provided proper proof is shown. Upon submission of such materials by affixing proof the material will be corrected or expunged from the file. If the employee is asked to sign material placed in his/her signature on the actual copy to be filedfile, with the understanding that such signature shall be understood to indicate his/her awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. E. While recognizing that students may require disciplinary action in various forms, the Board will not condone the use of unreasonable force and fear by an employee as an appropriate procedure in student discipline. F. Employees shall not find it necessary to resort to physical force or violence to compel obedience. If all other means fail, employees, with proper authorization, may resort to the removal of a student through suspension or expulsion procedures. G. In accordance with state law, corporal punishment shall not be permitted. If any employee, full-time, part-time or substitute, deliberately inflicts, or causes to be inflicted, physical pain by hitting, paddling, spanking, slapping or making use of any other kind of physical force as a means of disciplining a student, he/she may be subject to discipline, up to and including discharge and the possibility of criminal assault charges. This prohibition applies also to volunteers and those with whom the district contracts for services. H. Each employee shall have the right upon request to review the contents of his/her own personnel file. A representative of the Association may be requested to accompany the employee believes that in such review. The employee and the material Association representative, if accompanying the employee in such review, shall affix his/her signature and the date to be placed in the record to signify he/she has reviewed his/her file and is inappropriate or in error, aware of the employee may use contents. In no instance shall said signature be interpreted to mean agreement with the grievance procedure to receive adjustment. If the grievance procedure determines the material to be inappropriate, it shall be removed. If the material is in error, it shall be corrected and retained in the filecontent. D. All members covered under the Agreement, who participate in the production of tapes, publications, or other produced educational material, shall retain rights should they be copyrighted or sold by the district, provided such work was produced after normal school hours. E. All members have the right to union representation, where appropriate and requested.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Member Rights. A. The Employer hereby Board agrees that every bargaining unit member shall have the right to freely join, organize, participate in, join and support or assist the Association in engaging in lawful concerted activities for with the purpose of engaging in collective negotiations or bargaining with the Employer with respect to rates of pay, wages, hours or and other conditions of employment and for other mutual aid and protection purposes as provided for in the Michigan Public Employment Relations Act MCL 423.201 et seqconcerted activities. The Employer agrees that it Board will not interfere with, restrain, discourage, directly or indirectly discourage or deprive or coerce any member in the employment or exercise enjoyment of any rights conferred by N.J.S.A. 34:13A-1, et. seq., or guaranteed by PERA or any other laws the Constitution of New Jersey and the State of Michigan or by the Michigan or United States ConstitutionStates. The Employer Board further agrees that it will shall not discriminate against any member with respect to rates of payhours, wages, hours of employment wages or other any terms for conditions of employment by reason of his/her membership or nonmembership in the Association, by reason of his/her participation in any lawful concerted activities activity of the Association for Association, collective negotiations with the purpose of collective negotiation or bargaining or for other mutual aid and protection purposes provided for in ▇▇▇ ▇▇▇Board, or by reason of institution of any grievance, complaint or proceedings provided for in grievance under this Agreement or otherwise with respect to any terms or conditions of employmentAgreement. B. Each Whenever any member will is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of such personnel in his/her office, position or employment, or the salary, or any increments pertaining thereto, then such personnel shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have the right to review the contents a person of his/her own personnel filechoosing present to advise or represent him/her during such meeting or interview. Confidential credentials are exempt from review An employee shall be entitled to have a union representative present at an investigatory interview with an administrator or supervisor which he/she reasonably believes might result in disciplinary action. This right shall not extend to post observation or evaluation conferences. Nothing contained herein shall be construed to deny or restrict to any member such rights as he/she may have under New Jersey Laws or other applicable laws and regulations. C. No member shall be disciplined without just cause in areas ruled negotiable. D. Any question or criticism by the employee. A representative a supervisor, administrator or board member of the Association may, at the member’s request, accompany the a member in such review. The review will and his/her administrating methodology shall be made in confidence and not in the presence of the administrator responsible for the safekeeping of such file. The personnel file may include: Certificatesstudents, Degree Verifications, Transcripts, Evaluations, Reprimands, Requests for Leaves, Commendations, Substantiated Complaints, Notice to Member, provided it is noted that it is going in the file, and factual information for district operationsparents or at public gatherings. C. The personnel file will be in the central administration office and will constitute the only official documentation of an employee in the district. No materials, including but not limited to, evaluations, commendations, or complaints, shall be placed in a member’s personnel file unless the member has had an opportunity to read the material. The employee shall acknowledge that he/she has read such materials by affixing his/her signature on the actual copy to be filed, with the understanding that such signature shall indicate his/her awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. If the employee believes that the material to be placed in his/her file is inappropriate or in error, the employee may use the grievance procedure to receive adjustment. If the grievance procedure determines the material to be inappropriate, it shall be removed. If the material is in error, it shall be corrected and retained in the file. D. All members covered under the Agreement, who participate in the production of tapes, publications, or other produced educational material, shall retain rights should they be copyrighted or sold by the district, provided such work was produced after normal school hours. E. All members have the right to union representation, where appropriate and requested.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Member Rights. A. The Employer hereby Board agrees that every bargaining unit member shall have the right to freely join, organize, participate in, join and support or assist the Association in engaging in lawful concerted activities for with the purpose of engaging in collective negotiations or bargaining with the Employer with respect to rates of pay, wages, hours or and other conditions of employment and for other mutual aid and protection purposes as provided for in the Michigan Public Employment Relations Act MCL 423.201 et seqconcerted activities. The Employer agrees that it Board will not interfere with, restrain, discourage, directly or indirectly discourage or deprive or coerce any member in the employment or exercise enjoyment of any rights conferred by N.J.S.A. 34:13A-1, et. seq., or guaranteed by PERA or any other laws the Constitution of New Jersey and the State of Michigan or by the Michigan or United States ConstitutionStates. The Employer Board further agrees that it will shall not discriminate against any member with respect to rates of payhours, wages, hours of employment wages or other any terms for conditions of employment by reason of his/her membership or non-membership in the Association, by reason of his/her participation in any lawful concerted activities activity of the Association for Association, collective negotiations with the purpose of collective negotiation or bargaining or for other mutual aid and protection purposes provided for in ▇▇▇ ▇▇▇Board, or by reason of institution of any grievance, complaint or proceedings provided for in grievance under this Agreement or otherwise with respect to any terms or conditions of employmentAgreement. B. Each Whenever any member will is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of such personnel in his/her office, position or employment, or the salary, or any increments pertaining thereto, then such personnel shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have the right to review the contents a person of his/her own personnel filechoosing present to advise or represent him/her during such meeting or interview. Confidential credentials are exempt from review An employee shall be entitled to have a union representative present at an investigatory interview with an administrator or supervisor which he/she reasonably believes might result in disciplinary action. This right shall not extend to post observation or evaluation conferences. Nothing contained herein shall be construed to deny or restrict to any member such rights as he/she may have under New Jersey Laws or other applicable laws and regulations. C. No member shall be disciplined without just cause in areas ruled negotiable. D. Any question or criticism by the employee. A representative a supervisor, administrator or board member of the Association may, at the member’s request, accompany the a member in such review. The review will and his/her administrating methodology shall be made in confidence and not in the presence of the administrator responsible for the safekeeping of such file. The personnel file may include: Certificatesstudents, Degree Verifications, Transcripts, Evaluations, Reprimands, Requests for Leaves, Commendations, Substantiated Complaints, Notice to Member, provided it is noted that it is going in the file, and factual information for district operationsparents or at public gatherings. C. The personnel file will be in the central administration office and will constitute the only official documentation of an employee in the district. No materials, including but not limited to, evaluations, commendations, or complaints, shall be placed in a member’s personnel file unless the member has had an opportunity to read the material. The employee shall acknowledge that he/she has read such materials by affixing his/her signature on the actual copy to be filed, with the understanding that such signature shall indicate his/her awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. If the employee believes that the material to be placed in his/her file is inappropriate or in error, the employee may use the grievance procedure to receive adjustment. If the grievance procedure determines the material to be inappropriate, it shall be removed. If the material is in error, it shall be corrected and retained in the file. D. All members covered under the Agreement, who participate in the production of tapes, publications, or other produced educational material, shall retain rights should they be copyrighted or sold by the district, provided such work was produced after normal school hours. E. All members have the right to union representation, where appropriate and requested.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Member Rights. A. The Employer hereby agrees that every bargaining unit member shall have the right to freely join, organize, participate in, support or assist the Association in engaging in lawful concerted activities for the purpose of collective negotiations or bargaining with the Employer with respect to rates of pay, wages, hours or other conditions of employment and for other mutual aid and protection purposes as provided for in the Michigan Public Employment Relations Act MCL 423.201 et seq. The Employer agrees that it will not interfere with, restrain, discourage, or coerce any member in the employment or exercise of any rights conferred or guaranteed by PERA or any other laws of the State of Michigan or by the Michigan or United States Constitution. The Employer further agrees that it will not discriminate against any member with respect to rates of pay, wages, hours of employment or other conditions of employment by reason of his/her their membership in the Association, by reason of his/her their participation in any lawful concerted activities of the Association for the purpose of collective negotiation or bargaining or for other mutual aid and protection purposes provided for in ▇▇▇ ▇▇▇Act 379, or by reason of institution of any grievance, complaint or proceedings provided for in this Agreement or otherwise with respect to any terms or conditions of employment. B. Each member will have the right to review the contents of his/her their own personnel file. Confidential credentials are exempt from review by the employee. A representative of the Association may, at the member’s request, accompany the member in such review. The review will be made in the presence of the administrator responsible for the safekeeping of such file. The personnel file may include: Certificatesinclude certificates, Degree Verificationsdegree verifications, Transcriptstranscripts, Evaluationsevaluations, Reprimandsreprimands, Requests requests for Leavesleave, Commendationscommendations, Substantiated Complaintssubstantiated complaints, Notice notice to Membermember, provided it is noted that it is going in the file, and factual information for district operations. C. The personnel file will be in the central administration office and will constitute the only official documentation of an employee in the district. No materials, including but not limited to, evaluations, commendations, or complaints, shall be placed in a member’s personnel file unless the member has had an opportunity to read the material. The employee shall acknowledge that he/she has they have read such materials by affixing his/her their signature on the actual copy to be filed, with the understanding that such signature shall indicate his/her their awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. If the employee believes it is determined by administration that the material to be placed in his/her a personnel file is inappropriate in error or in error, the employee may use the grievance procedure to receive adjustment. If the grievance procedure determines the material to be inappropriate, it shall be removed. If the material is in error, it shall will be corrected and retained in the fileor removed. D. All members covered under the Agreement, who participate in the production of tapes, publications, or other produced educational material, shall retain rights should they be copyrighted or sold by the district, provided such work was produced after normal school hours. E. All members have the right to union representation, where appropriate and requested.

Appears in 1 contract

Sources: Master Agreement

Member Rights. A. The Employer hereby Board agrees that every bargaining unit member shall have the right to freely join, organize, participate in, join and support or assist the Association in engaging in lawful concerted activities for with the purpose of engaging in collective negotiations or bargaining with the Employer with respect to rates of pay, wages, hours or and other conditions of employment and for other mutual aid and protection purposes as provided for in the Michigan Public Employment Relations Act MCL 423.201 et seqconcerted activities. The Employer agrees that it Board will not interfere with, restrain, discourage, directly or indirectly discourage or deprive or coerce any member in the employment or exercise enjoyment of any rights conferred by N.J.S.A. 34:13A-1, et. seq., or guaranteed by PERA or any other laws the Constitution of New Jersey and the State of Michigan or by the Michigan or United States ConstitutionStates. The Employer Board further agrees that it will shall not discriminate against any member with respect to rates of payhours, wages, hours of employment wages or other any terms for conditions of employment by reason of his/her membership or non membership in the Association, by reason of his/her participation in any lawful concerted activities activity of the Association for Association, collective negotiations with the purpose of collective negotiation or bargaining or for other mutual aid and protection purposes provided for in ▇▇▇ ▇▇▇Board, or by reason of institution of any grievance, complaint or proceedings provided for in grievance under this Agreement or otherwise with respect to any terms or conditions of employmentAgreement. B. Each Whenever any member will is required to appear before the Board or any committee or member thereof concerning any matter which could adversely affect the continuation of such personnel in his/her office, position or employment, or the salary, or any increments pertaining thereto, then such personnel shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have the right to review the contents a person of his/her own personnel filechoosing present to advise or represent him/her during such meeting or interview. Confidential credentials are exempt from review An employee shall be entitled to have a union representative present at an investigatory interview with an administrator or supervisor which he/she reasonably believes might result in disciplinary action. This right shall not extend to post observation or evaluation conferences. Nothing contained herein shall be construed to deny or restrict to any member such rights as he/she may have under New Jersey Laws or other applicable laws and regulations. C. No member shall be disciplined without just cause in areas ruled negotiable. D. Any question or criticism by the employee. A representative a supervisor, administrator or board member of the Association may, at the member’s request, accompany the a member in such review. The review will and his/her administrating methodology shall be made in confidence and not in the presence of the administrator responsible for the safekeeping of such file. The personnel file may include: Certificatesstudents, Degree Verifications, Transcripts, Evaluations, Reprimands, Requests for Leaves, Commendations, Substantiated Complaints, Notice to Member, provided it is noted that it is going in the file, and factual information for district operationsparents or at public gatherings. C. The personnel file will be in the central administration office and will constitute the only official documentation of an employee in the district. No materials, including but not limited to, evaluations, commendations, or complaints, shall be placed in a member’s personnel file unless the member has had an opportunity to read the material. The employee shall acknowledge that he/she has read such materials by affixing his/her signature on the actual copy to be filed, with the understanding that such signature shall indicate his/her awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the content of the material. If the employee believes that the material to be placed in his/her file is inappropriate or in error, the employee may use the grievance procedure to receive adjustment. If the grievance procedure determines the material to be inappropriate, it shall be removed. If the material is in error, it shall be corrected and retained in the file. D. All members covered under the Agreement, who participate in the production of tapes, publications, or other produced educational material, shall retain rights should they be copyrighted or sold by the district, provided such work was produced after normal school hours. E. All members have the right to union representation, where appropriate and requested.

Appears in 1 contract

Sources: Collective Bargaining Agreement