Common use of PROTECTION OF BARGAINING UNIT MEMBERS Clause in Contracts

PROTECTION OF BARGAINING UNIT MEMBERS. A. Any assault upon a bargaining unit member which occurs at work or which has its inception in a school-centered problem shall be reported immediately to the employee’s building administrator and the Director of Special Education. Except as restricted by law, the Board, after review of the situation and its determination that the bargaining unit member acted within the scope of Board policy and law, agrees to provide information to legal authorities and the bargaining unit member in the investigation and prosecution of complaints under this provision. B. If complaint or lawsuit is made against a bargaining unit member by virtue of disciplinary action taken by the bargaining unit member against a student, the Board, after review of the case and its determination that the bargaining unit member acted within the scope of Board policy and law, shall provide information to the bargaining unit member in his/her defense, except as restricted by law. C. Bargaining unit members have a responsibility for assisting with student discipline and control. Bargaining unit members may be required to use reasonable physical force, in conformity with Board policy and state law, as may be necessary to prevent a student from injuring himself/herself and/or others or to prevent damage to school property. The Board will provide reasonable assistance to bargaining unit members in the implementation of the District’s policies and procedures governing student conduct and discipline. The Board will arrange access to legal counsel to advise the bargaining unit member of his/her rights in the event that such actions result in a complaint or legal action against the bargaining unit member. D. A bargaining unit member who believes an unsafe or hazardous condition exists within the work place, shall immediately report the condition to the building administrator. Reports received under this section will be investigated without undue delay. A bargaining unit member who reasonably and in good faith believes that a condition presents a health and/or safety risk to the employee and who has reported the condition to the building administrator, shall not be required to work under such a condition until the report has been addressed by the building administrator. No bargaining unit member shall be required to enter a building alone or be required to be left alone in a building.

PROTECTION OF BARGAINING UNIT MEMBERS. A. Bargaining unit members are expected to comply with reasonable rules, regulations, and directions adopted by the Board or its representatives which are not inconsistent with the provisions of this Agreement. B. The Association recognizes that abuses of sick leave or other leaves, chronic tardiness or absences, willful deficiencies in professional performance, or other violations of discipline reflect adversely upon the profession and create undesirable conditions in the school building. The Board shall notify the bargaining unit member of alleged delinquencies, indicate the expected correction, and indicate a reasonable period of time for correction. C. The bargaining unit member shall at all times be entitled to have a representative of the Association present when he/she is being reprimanded, warned, or disciplined for any infraction of rules or delinquency in professional performance. 1. When a request for such representation is made, no action shall be taken with respect to the bargaining unit member until an Association Representative is present. The time shall be arrived at by mutual agreement. 2. Said bargaining unit member and said Association Representative shall not be expected to leave their normal teaching assignments for this meeting. 3. A written reprimand may be delivered to a bargaining unit member without the presence of an Association Representative except that no written reprimand shall be delivered during a time when the bargaining unit member is engaged in professional responsibilities with students and/or parents. 4. Such written reprimand shall include: (a) notice of where the reprimand will be filed; and (b) the right to meet with the administrator with an Association Representative to discuss the reprimand. D. No tenured bargaining unit member, including non-certified personnel who have successfully completed their probationary period, shall be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause. Any such discipline, reprimand or reduction in rank, compensation or advantage shall be subject to the professional grievance procedure hereinafter set forth. Information forming the basis for disciplinary action will be made available to the bargaining unit member and the Association in writing upon request. Such request(s) shall comply with the Freedom of Information Act. E. Except as provided in Section C of this Article, any formal warning, reprimand or other disciplinary action taken against a bargaining unit member shall be done in private. F. Any warning or reprimand in a bargaining unit member's personnel file which does not relate to a recurring incident within a three (3) year period from the date of such warning or reprimand shall be removed from the personnel file at the written request of the bargaining unit member. Said warning or reprimand shall not thereafter be used in future disciplinary action against the bargaining unit member. In the event that disciplinary action is issued for unprofessional conduct under 1230(B) of the revised School Code, such disciplinary action shall not be removed from a unit member’s personnel file. Nothing shall prevent a unit member from contesting the District’s definition of unprofessional conduct. G. Normally, progressive correction shall include an oral warning, a written reprimand, suspension with pay, suspension without pay and discharge. It is understood that certain steps in the disciplinary sequence may be omitted when the nature and severity of the offense so warrant. H. The Board recognizes its responsibility to continue to give administrative backing and support to its staff, although each bargaining unit member bears the primary responsibility for maintaining proper control and discipline in the classroom. 1. Bargaining unit members recognize that all disciplinary actions and methods, invoked by them shall be reasonable and just and in accordance with established Board policy. 2. It shall be the responsibility of the bargaining unit member to report to his/her principal the name of any student who, in his/her opinion, needs particular assistance from skilled personnel. The bargaining unit member shall, upon request, be advised by the principal of the disposition of the bargaining unit member's report that a particular student needs such assistance. I. Any case of assault upon a bargaining unit member which occurs at work or which has its inception in a school-centered problem shall be reported immediately to the employee’s building administrator and Board or its designated representative. 1. In the Director event of Special Educationsuch an assault, the bargaining unit member may request the assistance of the Board in such matters. Except as restricted by law, These requests shall be made to the Board, after review or its designate, who shall make a determination as to whether the conduct of the situation bargaining unit member making such request, justifies any assistance from the Board, and the extent thereof. The decision of the Board, or its determination designate, shall be final. 2. The Board will provide legal counsel to advise the bargaining unit member of his/her rights and obligations with respect to such assault, and shall render all reasonable assistance to the bargaining unit member in connection with handling of the incident by law enforcement and judicial authorities if it determines that the bargaining unit member has acted within the scope of Board policy and law, agrees to provide information to legal authorities and the policy. J. If any bargaining unit member in the investigation and prosecution of complaints under this provision. B. If complaint is complained against or lawsuit is made against a bargaining unit member sued by virtue reason of disciplinary action taken by the bargaining unit member against a student, the Board, after review of the case and its determination that the bargaining unit member has acted within the scope of Board policy and lawpolicy, shall provide information support to the bargaining unit member in his/her defense, except as restricted by law. C. Bargaining unit members have K. Time lost by a responsibility for assisting with student discipline and control. Bargaining unit members may be required to use reasonable physical force, in conformity with Board policy and state law, as may be necessary to prevent a student from injuring himself/herself and/or others or to prevent damage to school property. The Board will provide reasonable assistance to bargaining unit members member in the implementation of the District’s policies and procedures governing student conduct and discipline. The Board will arrange access to legal counsel to advise connection with any incident mentioned in this Article, which is not compensable under Worker Compensation, shall not be charged against the bargaining unit member unless judged guilty by a court of his/her rights in the event that such actions result in a complaint or legal action against the bargaining unit membercompetent jurisdiction. D. A bargaining unit member who believes an unsafe or hazardous condition exists within the work place, shall immediately report the condition to the building administrator. Reports received under this section will be investigated without undue delay. A bargaining unit member who reasonably and in good faith believes that a condition presents a health and/or safety risk to the employee and who has reported the condition to the building administrator, shall not be required to work under such a condition until the report has been addressed by the building administrator. No bargaining unit member shall be required to enter a building alone or be required to be left alone in a building.

PROTECTION OF BARGAINING UNIT MEMBERS. A. Any assault Bargaining unit members are expected to comply with reasonable rules, regulations, and directions adopted by the Board or its representatives which are not inconsistent with the provisions of this Agreement. B. The Association recognizes that abuses of sick leave or other leaves, chronic tardiness or absences, willful deficiencies in professional performance, or other violations of discipline reflect adversely upon a bargaining unit member which occurs at work or which has its inception the profession and create undesirable conditions in a school-centered problem the school building. The Board shall be reported immediately to the employee’s building administrator and the Director of Special Education. Except as restricted by law, the Board, after review of the situation and its determination that notify the bargaining unit member acted within of alleged delinquencies, indicate the scope expected correction, and indicate a reasonable period of Board policy and law, agrees to provide information to legal authorities and the time for correction. C. The bargaining unit member shall at all times be entitled to have a representative of the Association present when he/she is being reprimanded, warned, or disciplined for any infraction of rules or delinquency in the investigation and prosecution of complaints under this provisionprofessional performance. B. If complaint or lawsuit 1. When a request for such representation is made against a bargaining unit member by virtue of disciplinary made, no action shall be taken by the bargaining unit member against a student, the Board, after review of the case and its determination that the bargaining unit member acted within the scope of Board policy and law, shall provide information with respect to the bargaining unit member in his/her defense, except as restricted until an Association Representative is present. The time shall be arrived at by lawmutual agreement. C. Bargaining 2. Said bargaining unit members have a responsibility member and said Association Representative shall not be expected to leave their normal teaching assignments for assisting with student discipline and controlthis meeting. 3. Bargaining unit members A written reprimand may be required delivered to use reasonable physical force, in conformity with Board policy and state law, as may be necessary to prevent a student from injuring himself/herself and/or others or to prevent damage to school property. The Board will provide reasonable assistance to bargaining unit members in member without the implementation presence of the District’s policies and procedures governing student conduct and discipline. The Board will arrange access to legal counsel to advise an Association Representative except that no written reprimand shall be delivered during a time when the bargaining unit member is engaged in professional responsibilities with students and/or parents. 4. Such written reprimand shall include: (a) notice of his/her rights where the reprimand will be filed; and (b) the right to meet with the administrator with an Association Representative to discuss the reprimand. D. No tenured bargaining unit member, including non-certified personnel who have successfully completed their probationary period, shall be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause. Any such discipline, reprimand or reduction in rank, compensation or advantage shall be subject to the event that such actions result in a complaint or legal professional grievance procedure hereinafter set forth. Information forming the basis for disciplinary action against will be made available to the bargaining unit membermember and the Association in writing upon request. Such request(s) shall comply with the Freedom of Information Act. D. A bargaining unit member who believes an unsafe or hazardous condition exists within the work place, shall immediately report the condition to the building administrator. Reports received under this section will be investigated without undue delay. A bargaining unit member who reasonably and in good faith believes that a condition presents a health and/or safety risk to the employee and who has reported the condition to the building administrator, shall not be required to work under such a condition until the report has been addressed by the building administrator. No bargaining unit member shall be required to enter a building alone or be required to be left alone in a building.