Common use of Miscellaneous Conditions Clause in Contracts

Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. B. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievant. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile of such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction is cancelled due to inclement weather or days that are part of a scheduled break during the District’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance filed as Association Grievances may, at the option of the Association, be initiated at Formal Xxxxx 0 of the grievance procedure. H. If any bargaining unit member, for whom a grievance is sustained, shall be found to have been unjustly discharged, he/she shall be reinstated upon such terms (up to and including reinstatement with back pay) as the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If the Association violates the time limits specified herein at any level, the grievance shall be considered dropped. If the Employer violates the time limits specified herein, the grievance may be appealed to the next level.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. B. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievant. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile of such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction is cancelled due to inclement weather or days that are part of a scheduled break during the District’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance X. Xxxxxxxxx filed as Association Grievances may, at the option of the Association, be initiated at Formal Xxxxx 0 Level 2 of the grievance procedure. H. If any bargaining unit member, for whom a grievance is sustained, shall be found to have been unjustly discharged, he/she shall be reinstated upon such terms (up to and including reinstatement with back pay) as the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If the Association violates the time limits specified herein at any level, the grievance shall be considered dropped. If the Employer violates the time limits specified herein, the grievance may be appealed to the next level.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. B. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, ; but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievantRepresentative. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile of violates such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations limitation for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work daysworkdays” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction is cancelled due to inclement weather or days that are part of a scheduled break during the Districtdistrict’s school year shall not be counted as “work daysworkdays.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day workday shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions to be made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance Grievances filed as Association Grievances may, at the option of the Association, be initiated at Formal Xxxxx 0 Level 2 of the grievance procedure. H. If any bargaining unit member, for whom a grievance is sustained, shall be found to have been unjustly discharged, he/she shall be reinstated upon such terms (up to and including reinstatement with back pay) as the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer Employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If the Association violates the time limits specified herein at any level, the grievance shall be considered dropped. If the Employer violates the time limits specified herein, the grievance may be appealed to the next level.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15th of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. B. Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, ; but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievantRepresentative. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile of violates such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations limitation for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction is cancelled due to inclement weather or days that are part of a scheduled break during the Districtdistrict’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions to be made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance Grievances filed as Association Grievances may, at the option of the Association, be initiated at Formal Xxxxx 0 of the grievance procedure. H. If any bargaining unit member, for whom a grievance is sustained, shall be found to have been unjustly discharged, he/she shall be reinstated upon such terms (up to and including reinstatement with back pay) as the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer Employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If the Association violates the time limits specified herein at any level, the grievance shall be considered dropped. If the Employer violates the time limits specified herein, the grievance may be appealed to the next level.

Appears in 1 contract

Samples: Master Agreement

Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. SECTION 1 In the event it becomes necessary for a grievance is filed after May 15th driver to request permission to be absent from his or her work for an extended period of any year and strict adherence to the time limits may result in hardship to any partytime, for whatever reason, except for those leaves necessary during a sickness or accident leave, the Board shall use its best efforts to process such grievance prior to the end Bus Driver must submit a request, in writing, five (5) working days in advance of the school term or as soon thereafter as possible. B. Notwithstanding intended absence stating the expiration of this Agreementreasons for the requested absence. Approval of, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through and the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievant. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile granting of such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction requests is cancelled due to inclement weather or days that are part of a scheduled break during the District’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance filed as Association Grievances may, strictly at the option of the Association, Supervisor and Business Manager. Written approval or disapproval of such requests will be initiated at Formal Xxxxx 0 given to the Bus Driver within four (4) days after submission stating the conditions of the grievance procedureleave of absence if granted. An "extended period of time" as used in this section shall be construed to mean any absence in excess of five (5) working days. Sickness or accident leave shall be substantiated by a doctor's certificate. H. If any SECTION 2 A bus driver, who is a member of the bargaining unit memberunit, for whom and who determines to terminate his employment as a grievance is sustainedbus driver with Fremont Public Schools in order to accept full time employment with United Dairy, Bakery, and Food Workers Local 386, or the R.W.D.S.U. International Union, shall be found retain his/her attained seniority for the duration of such employment. A bus driver who intends to have been unjustly dischargedexercise this provision shall give written notice to the Board at least thirty (30) days prior to the effective date of the termination of employment as a bus driver. At such time as full time employment with the Union terminates and the employee wishes to return to employment with Fremont Public Schools as a bus driver, he/she shall may exercise seniority at the beginning of a school year by giving the Board of Education written notice of such intent at least thirty (30) days prior to the first day of school. Seniority may be reinstated upon such terms (up exercised to "bump" only the lowest seniority bus driver and including reinstatement with back pay) as must be exercised at the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out beginning of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If year immediately following the Association violates the time limits specified herein at any level, the grievance shall be considered droppedtermination of Union employment. If the Employer violates employee does not return to employment as a regular bus driver as indicated above, seniority will be forfeited and the time limits specified herein, the grievance employee will be considered as a voluntary quit. SECTION 3 A monthly Union Committee/Management meeting may be appealed held at the request of either party to discuss items and problems of mutual interest. SECTION 4 Copies of memorandums, policies, directives, etc., directly concerning bus drivers will be issued to each driver. SECTION 5 The School will make arrangements for required periodic physical examinations at no cost to the next levelemployee. These periodic physical examinations will include drug testing, Appendix II and a Consent Form for Drug and Alcohol Screening, Appendix III. Employees will be paid $12.50/hour for the amount of time necessary to complete the drug/alcohol testing. SECTION 6 The School will pay toward the cost of C.D.L.

Appears in 1 contract

Samples: Bus Drivers Contract

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Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. SECTION 1 In the event it becomes necessary for a grievance is filed after May 15th driver to request permission to be absent from his or her work for an extended period of any year and strict adherence to the time limits may result in hardship to any partytime, for whatever reason, except for those leaves necessary during a sickness or accident leave, the Board shall use its best efforts to process such grievance prior to the end Bus Driver must submit a request, in writing, five (5) working days in advance of the school term or as soon thereafter as possible. B. Notwithstanding intended absence stating the expiration of this Agreementreasons for the requested absence. Approval of, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through and the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievant. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile granting of such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction requests is cancelled due to inclement weather or days that are part of a scheduled break during the District’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance filed as Association Grievances may, strictly at the option of the Association, Supervisor and Business Manager. Written approval or disapproval of such requests will be initiated at Formal Xxxxx 0 given to the Bus Driver within four (4) days after submission stating the conditions of the grievance procedureleave of absence if granted. An "extended period of time" as used in this section shall be construed to mean any absence in excess of five (5) working days. Sickness or accident leave shall be substantiated by a doctor's certificate. H. If any SECTION 2 A bus driver, who is a member of the bargaining unit memberunit, for whom and who determines to terminate his employment as a grievance is sustainedbus driver with Fremont Public Schools in order to accept full time employment with United Dairy, Bakery, and Food Workers Local 386, or the R.W.D.S.U. International Union, shall be found retain his/her attained seniority for the duration of such employment. A bus driver who intends to have been unjustly dischargedexercise this provision shall give written notice to the Board at least thirty (30) days prior to the effective date of the termination of employment as a bus driver. At such time as full time employment with the Union terminates and the employee wishes to return to employment with Fremont Public Schools as a bus driver, he/she shall may exercise seniority at the beginning of a school year by giving the Board of Education written notice of such intent at least thirty (30) days prior to the first day of school. Seniority may be reinstated upon such terms (up exercised to "bump" only the lowest seniority bus driver and including reinstatement with back pay) as must be exercised at the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out beginning of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If year immediately following the Association violates the time limits specified herein at any level, the grievance shall be considered droppedtermination of Union employment. If the Employer violates employee does not return to employment as a regular bus driver as indicated above, seniority will be forfeited and the time limits specified herein, the grievance employee will be considered as a voluntary quit. SECTION 3 A monthly Union Committee/Management meeting may be appealed held at the request of either party to discuss items and problems of mutual interest. SECTION 4 Copies of memorandums, policies, directives, etc., directly concerning bus drivers will be issued to each driver. SECTION 5 The School will make arrangements for required periodic physical examinations at no cost to the next levelemployee. These periodic physical examinations will include drug testing, Appendix II and a Consent Form for Drug and Alcohol Screening, Appendix III. Employees will be paid $12.88/hour for the amount of time necessary to complete the drug/alcohol testing. SECTION 6 The School will pay toward the cost of C.D.L.

Appears in 1 contract

Samples: Employment Agreement

Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. SECTION 1 In the event it becomes necessary for a grievance is filed after May 15th driver to request permission to be absent from his or her work for an extended period of any year and strict adherence to the time limits may result in hardship to any partytime, for whatever reason, except for those leaves necessary during a sickness or accident leave, the Board shall use its best efforts to process such grievance prior to the end Bus Driver must submit a request, in writing, five (5) working days in advance of the school term or as soon thereafter as possible. B. Notwithstanding intended absence stating the expiration of this Agreementreasons for the requested absence. Approval of, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through and the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievant. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile granting of such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction requests is cancelled due to inclement weather or days that are part of a scheduled break during the District’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance filed as Association Grievances may, strictly at the option of the Association, Supervisor and Business Manager. Written approval or disapproval of such requests will be initiated at Formal Xxxxx 0 given to the Bus Driver within four (4) days after submission stating the conditions of the grievance procedureleave of absence if granted. An "extended period of time" as used in this section shall be construed to mean any absence in excess of five (5) working days. Sickness or accident leave shall be substantiated by a doctor's certificate. H. If any SECTION 2 A bus driver, who is a member of the bargaining unit memberunit, for whom and who determines to terminate his employment as a grievance is sustainedbus driver with Fremont Public Schools in order to accept full time employment with United Dairy, Bakery, and Food Workers Local 386, or the R.W.D.S.U. International Union, shall be found retain his/her attained seniority for the duration of such employment. A bus driver who intends to have been unjustly dischargedexercise this provision shall give written notice to the Board at least thirty (30) days prior to the effective date of the termination of employment as a bus driver. At such time as full time employment with the Union terminates and the employee wishes to return to employment with Fremont Public Schools as a bus driver, he/she shall may exercise seniority at the beginning of a school year by giving the Board of Education written notice of such intent at least thirty (30) days prior to the first day of school. Seniority may be reinstated upon such terms (up exercised to "bump" only the lowest seniority bus driver and including reinstatement with back pay) as must be exercised at the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out beginning of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If year immediately following the Association violates the time limits specified herein at any level, the grievance shall be considered droppedtermination of Union employment. If the Employer violates employee does not return to employment as a regular bus driver as indicated above, seniority will be forfeited and the time limits specified herein, the grievance employee will be considered as a voluntary quit. SECTION 3 A monthly Union Committee/Management meeting may be appealed held at the request of either party to discuss items and problems of mutual interest. SECTION 4 Copies of memorandums, policies, directives, etc., directly concerning bus drivers will be issued to each driver. SECTION 5 The School will make arrangements for required periodic physical examinations at no cost to the next levelemployee. These periodic physical examinations will include drug testing, Appendix II and a Consent Form for Drug and Alcohol Screening, Appendix Ill. Employees will be paid $13.59/hour for the amount of time necessary to complete the drug/alcohol testing. Any employees required to have their annual physical done at any location other than the worksite (School), will be reimbursed mileage if required to drive outside of the Fremont city limits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Miscellaneous Conditions. A. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. SECTION 1 In the event it becomes necessary for a grievance is filed after May 15th driver to request permission to be absent from his or her work for an extended period of any year and strict adherence to the time limits may result in hardship to any partytime, for whatever reason, except for those leaves necessary during a sickness or accident leave, the Board shall use its best efforts to process such grievance prior to the end Bus Driver must submit a request, in writing, five (5) working days in advance of the school term or as soon thereafter as possible. B. Notwithstanding intended absence stating the expiration of this Agreementreasons for the requested absence. Approval of, any claim or grievance arising hereunder with regard to an action or event occurring prior to said expiration may be processed through and the grievance procedure until resolution. Actions or events occurring after expiration of this Agreement may be the basis of a grievance under this Article or this Agreement, but may not be appealed to arbitration. C. Written grievances shall comply with the following requirements at all levels of the grievance procedure. 1. It shall identify any allegedly aggrieved individual employee(s) and shall be signed by the authorized Association Representative or the individual grievant. 2. It shall be specific. 3. It shall contain a synopsis of the facts giving rise to the alleged violation. 4. It shall cite all sections or subsections of this Contract alleged to have been violated and shall explicitly state how the grieved action is allegedly volatile granting of such provisions. 5. It shall contain the date of the alleged violation. 6. It shall specify the relief requested. 7. Any written grievance not substantially in accordance with the above requirements may be rejected as improper. Such a rejection shall not extend the time limitations for filing appeals set forth herein. D. All the time limits described in this Article shall be computed in terms of “work days” which shall be defined as days when the school district administrative offices are open and regularly scheduled for business. Provided, however, days when student instruction requests is cancelled due to inclement weather or days that are part of a scheduled break during the District’s school year shall not be counted as “work days.” The term “within” shall not include the day of the meeting or the event. E. A bargaining unit member whose testimony is reasonably required in a grievance hearing during the work day shall be excused with pay for that purpose (for the duration of time in which he/she is testifying). The bargaining unit member shall return to duty when his/her required testimony is completed. The Grievant and the Association President (or his/her designee) shall be excused from duty with pay for the duration of the hearing if the hearing occurred during regular work hours. F. All notices to be sent to “The Association” or decisions made by the “The Association” shall be sent to and communicated by the Association President. G. Grievance filed as Association Grievances may, strictly at the option of the Association, Supervisor and Business Manager. Written approval or disapproval of such requests will be initiated at Formal Xxxxx 0 given to the Bus Driver within four (4) days after submission stating the conditions of the grievance procedureleave of absence if granted. An "extended period of time" as used in this section shall be construed to mean any absence in excess of five (5) working days. Sickness or accident leave shall be substantiated by a doctor's certificate. H. If any SECTION 2 A bus driver, who is a member of the bargaining unit memberunit, for whom and who determines to terminate his employment as a grievance is sustainedbus driver with Fremont Public Schools in order to accept full time employment with United Dairy, Bakery, and Food Workers Local 386, or the R.W.D.S.U. International Union, shall be found retain his/her attained seniority for the duration of such employment. A bus driver who intends to have been unjustly dischargedexercise this provision shall give written notice to the Board at least thirty (30) days prior to the effective date of the termination of employment as a bus driver. At such time as full time employment with the Union terminates and the employee wishes to return to employment with Fremont Public Schools as a bus driver, he/she shall may exercise seniority at the beginning of a school year by giving the Board of Education written notice of such intent at least thirty (30) days prior to the first day of school. Seniority may be reinstated upon such terms (up exercised to "bump" only the lowest seniority bus driver and including reinstatement with back pay) as must be exercised at the Arbitrator may deem just and appropriate under the circumstances. If any bargaining unit member shall have been found to have been improperly deprived of any compensation in violation of the express terms of this Agreement, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action depending on the decision of the Arbitrator. I. For the purpose of assisting a bargaining unit member or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including but not limited to grievances, the Employer shall permit an Association Representative access to and the right to inspect and acquire copies of personnel files and any other files or records of the employer which pertain to an affected bargaining unit member or any issue in the proceedings in question. Confidential letters of reference secured from sources out beginning of the school system and privileged information, including attorney-client communication and student records, shall be excluded from inspection. J. If year immediately following the Association violates the time limits specified herein at any level, the grievance shall be considered droppedtermination of Union employment. If the Employer violates employee does not return to employment as a regular bus driver as indicated above, seniority will be forfeited and the time limits specified herein, the grievance employee will be considered as a voluntary quit. SECTION 3 A monthly Union Committee/Management meeting may be appealed held at the request of either party to discuss items and problems of mutual interest. SECTION 4 Copies of memorandums, policies, directives, etc., directly concerning bus drivers will be issued to each driver. SECTION 5 The School will make arrangements for required periodic physical examinations at no cost to the next levelemployee. These periodic physical examinations will include drug testing, Appendix II and a Consent Form for Drug and Alcohol Screening, Appendix Ill. Employees will be paid $14.26/hour for the amount of time necessary to complete the drug/alcohol testing. Any employees required to have their annual physical done at any location other than the worksite (School), will be reimbursed mileage if required to drive outside of the Fremont city limits.

Appears in 1 contract

Samples: Bus Drivers Contract

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