Common use of Miscellaneous Conditions Clause in Contracts

Miscellaneous Conditions. A. Time limits provided in this Article shall be strictly observed but may be extended by mutual agreement with written confirmation to include e-mail. B. Notwithstanding the expiration of this Agreement, any claim or grievance arising there under may be processed through the grievance procedure until resolution. C. Grievances filed as Association grievances will follow all levels whenever possible except in the case of termination. D. If any employee for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with reimbursement of all compensation lost as awarded in arbitration or agreed upon in settlement. If any employee shall have been found to be improperly deprived of any compensation or advantage, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action. E. For the purpose of assisting an employee or the Association in the prosecution or defense of any contractual, administrative, or legal proceeding, including, but not limited to grievances, the College shall permit an employee and/or an Association representative access to and the right to inspect and acquire copies of his/her personnel file and any other files or records of the College which pertain to the employee or any issue in the proceeding in question. Confidential letters of reference secured from sources outside the College shall be excluded from inspection. F. A grievant and one (1) MEA-ESP representative plus any employee whose testimony is required in the grievance procedure during the workday, including arbitration hearings, shall be excused with pay for that purpose. G. The fees and expenses of the arbitrator shall be shared equally by the parties. H. The termination of newly hired employees during their probationary period is non- grievable. I. If there are three (3) or more grievants, the President of the Association will be responsible for distributing copies of all responses to the grievants.

Miscellaneous Conditions. A. Time limits provided a. The term “days” when used in this Article shall be strictly observed but mean workdays during the student school year and shall mean weekdays, Monday through Friday, when the Superintendent’s office is open during the summer. Time limits may be extended by mutual mutual, written agreement with written confirmation to include e-mailof the parties. B. b. Notwithstanding the expiration of this Agreement, any claim or grievance arising there under thereunder may be processed through the grievance procedure until resolution. C. c. Grievances filed as Association Union grievances will follow all levels whenever possible except in may, at the case option of terminationthe Union, be initiated at Formal Level 2 of the grievance procedure. D. d. If any employee for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all compensation lost as awarded in arbitration or agreed upon in settlementlost, plus reasonable interest. If any employee shall have been found to be have been improperly deprived of any compensation or advantage, the same or its equivalent in money plus reasonable interest shall be paid to him/her and his/her record cleared of any reference to this action. E. e. For the purpose of assisting an employee or the Association Union in the prosecution or defense of any contractual, administrative, or legal proceeding, including, including but not limited to grievances, the College Employer shall permit an employee and/or an Association a Union representative access to and the right to inspect and acquire copies of his/her personnel file files and any other files or records of the College Employer which pertain to the an affected employee or any issue in the proceeding proceedings in question. Confidential letters of reference secured from sources outside of the College school system shall be excluded from inspection. F. A grievant and one (1) MEA-ESP representative plus f. If the Union violates the time limits specified herein at any employee whose testimony is required in level, the grievance procedure during the workday, including arbitration hearings, shall be excused with pay for that purpose. G. The fees and expenses of considered dropped. If the arbitrator Employer violates the time limits specified herein, the grievance shall be shared equally by the partiesconsidered granted. H. The termination of newly hired employees during their probationary period is non- grievable. I. If there are three (3) or more grievants, the President of the Association will be responsible for distributing copies of all responses to the grievants.

Miscellaneous Conditions. A. Time limits provided The term “days” when used in this Article shall be strictly observed but mean work days. Time limits may be extended by mutual written agreement with written confirmation to include e-mailof the parties. B. Notwithstanding the expiration of this Agreement, any claim or grievance arising there under thereunder may be processed through the grievance procedure until resolution. C. Grievances filed as Association Union grievances will follow all levels whenever possible except in may, at the case option of terminationthe Union, be initiated at Formal Xxxxx 0 of the grievance procedure. D. If any employee bargaining unit member for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all compensation lost as awarded in arbitration or agreed upon in settlementlost, plus reasonable interest. If any employee bargaining unit member shall have been found to be have been improperly deprived of any compensation or advantage, the same or its equivalent in money plus reasonable interest shall be paid to him/her and his/her the record cleared of any reference to this action. E. For the purpose of assisting an employee a bargaining unit member or the Association Union in the prosecution or defense of any contractual, administrative, or legal proceeding, including, including but not limited to grievances, the College Employer shall permit an employee and/or an Association a Union representative access to and the right to inspect and acquire copies of his/her personnel file files and any other files or records of the College Employer which pertain to the employee an affected bargaining unit member or any issue in the proceeding proceedings in question. Confidential letters of reference secured from sources outside of the College school system shall be excluded from inspection. F. A grievant and one (1) MEA-ESP representative plus any employee whose testimony is required bargaining unit member who must be involved in the grievance procedure during the workday, including arbitration hearings, workday shall be excused with pay for that purpose. G. The fees and expenses of If the arbitrator union violates the time limits specified herein at any level, the grievance shall be shared equally by considered dropped. If the parties. H. The termination of newly hired employees during their probationary period is non- grievable. I. If there are three (3) or more grievantsEmployer violates the time limits specified herein, the President of the Association will grievance shall be responsible for distributing copies of all responses to the grievantsconsidered granted.

Miscellaneous Conditions. A. 1. The term “days” when used in this article shall mean calendar days. Time limits provided in this Article shall be strictly observed but may be extended by mutual agreement, said agreement with written confirmation to include e-mailbe in writing. B. Notwithstanding 2. Any grievance which occurs during the expiration term of this Agreement, any claim or grievance arising there under agreement may be processed through the grievance procedure until resolutionto arbitration. C. 3. Grievances filed as Association Union grievances may, at the option of the Union, be initiated at Step 3 of the Grievance Procedure. Such grievances shall be filed within ten (10) days after the occurrence of the event which gave rise to the alleged grievance. Union grievances filed at Step 3 shall include: a. Grievances that affect more than one member; or b. A group of members; or c. Members in different buildings. Union grievances which affect individual members will follow all levels whenever possible except in the case of terminationbe filed at Step 1. D. 4. If any employee bargaining unit member for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all compensation lost as awarded lost. However, in arbitration or agreed upon in settlementthe case of arbitration, the arbitrator’s decision will be binding. If any employee bargaining unit member shall have been found to be have been improperly deprived of any compensation or advantage, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action. E. 5. For the purpose of assisting an employee a bargaining unit member or the Association Union in the prosecution or defense of any contractual, administrative, or legal proceeding, including, but not limited to grievances, the College Board shall permit an employee and/or an Association a Union representative access to and the right to inspect and acquire copies of his/her personnel files, with the consent of the individual whose file is requested, and any other files or records of the College Board which pertain to the employee an affected bargaining unit member or any issue in question in the proceeding in questionproceedings. In no event shall the district be required, except by court order, to disclose information which is subject to claims of privacy, or otherwise exempt from disclosure under the provisions of the Freedom of Information Act or other applicable laws. Confidential letters of reference secured from sources outside the College school system shall be excluded from inspection. F. A grievant 6. Only the Union, and one (1) MEA-ESP representative plus any employee whose testimony is required in the not an individual employee, may submit a grievance procedure during the workday, including arbitration hearings, shall be excused with pay for that purposeto arbitration. G. 7. The fees and expenses of the arbitrator shall be shared equally by the parties. H. The have no power to rule on termination of newly hired employees during their services of a probationary period is non- grievableemployee, and the union shall not file or process any such grievance. I. If there are three (3) or more grievants, the President of the Association will be responsible for distributing copies of all responses to the grievants.

Miscellaneous Conditions. A. The term "days" when used in this Article shall mean work days. Time limits provided in this Article shall be strictly observed but may be extended by written mutual agreement with written confirmation to include e-mailagreement. B. Any grievance not appealed within the time limit set forth shall be considered settled on the basis of the Employers last answer. If an answer to a grievance is not received within the limit set forth, it shall be considered appealed to the next level. C. Notwithstanding the expiration of this Agreement, any claim or grievance arising there under may be processed through the grievance procedure until resolution. C. Grievances filed as Association D. Alleged grievances will follow all levels whenever possible except in which originate with the case Office of terminationSuperintendent or the Board of Education may be initiated at Formal Level #2 of the grievance procedure. A written copy shall be provided to the immediate supervisor. D. E. If any employee bargaining unit member for whom a grievance is sustained shall be found to have been unjustly discharged, he/she shall be reinstated with full reimbursement of all compensation lost as awarded in arbitration or agreed upon in settlementlost. If any employee bargaining unit member shall have been found to be have been improperly deprived of any compensation or advantage, the same or its equivalent in money shall be paid to him/her and his/her record cleared of any reference to this action. E. F. For the purpose of assisting an employee a bargaining unit member or the Association Union in the prosecution or defense of any contractual, administrative, or legal proceeding, including, but not limited to grievances, the College Employer shall permit an employee a bargaining unit member and/or an Association a Union representative access to and the right to inspect and acquire copies of his/her personnel file and any other files or records of the College Employer which pertain to the employee affected bargaining unit member or any issue issues in the proceeding in question. Confidential letters of reference secured from sources outside the College school system shall be excluded from inspection. F. G. A grievant and one (1) MEA-ESP representative plus any employee whose testimony is required bargaining unit member who must be involved in the grievance procedure during the workday, including arbitration hearings, work day shall be excused with pay for that purpose. G. The fees and expenses of the arbitrator shall be shared equally by the parties. H. The termination of newly hired employees during their probationary period is non- grievable. I. If there are three (3) or more grievants, the President of the Association will be responsible for distributing copies of all responses to the grievants.