Common use of PROTECTION OF BARGAINING UNIT MEMBERS Clause in Contracts

PROTECTION OF BARGAINING UNIT MEMBERS. A. The Board recognizes its responsibility to give all reasonable support and assistance to bargaining unit members with respect to the maintenance of control and discipline in the classroom. It is likewise recognized that there may be cases where the service and/or authority of personnel not normally on the school payroll will need to be employed to serve the best interests of students. B. Any case of assault upon a bargaining unit member shall be promptly reported by the bargaining unit member to the building principal. The Board shall render all reasonable assistance to the bargaining unit member in connection with the handling of the incident by law enforcement and judicial authorities. C. In the event the bargaining unit member incurs medical expenses or loss of work time as a result of an assault while performing her duties with the District, Worker Compensation Insurance provides protection for these expenses and income considerations. Accumulated sick leave may be utilized at the bargaining unit member’s option. Reduction of sick leave shall be pro-rated at the same rate as the District’s proportion of salary payment. D. Bargaining unit members are expected to exercise reasonable care with respect to the safety of pupils and property, but shall not be individually liable except in the case of gross negligence or gross neglect of duty, for any damage or loss to person or property. E. The Board shall reimburse the bargaining unit member for loss or damage to personal property used for instructional purposes, provided the bargaining unit member receives approval from the building principal prior to bringing such items to school. F. The Michigan Child Protection Law requires the parties to report child abuse or neglect to the Department of Protective Services where there is reasonable cause to suspect that a student has been abused or neglected as defined by said law. Said law provides that the name of any person who reports child abuse/neglect is confidential and further, that disclosure of same may result in criminal as well as civil liability/penalty. G. Copies of documents of an evaluative and/or disciplinary nature which are to be inserted into the personnel file shall be forwarded to the bargaining unit member simultaneous to the inclusion of same in the personnel file. The bargaining unit member may, at her option, submit a written statement and have same attached to the file copy of such materials. This must be submitted within 10 days of the memo. H. When a bargaining unit member is requested to sign materials to be placed in the personnel file, such signature shall be understood to indicate her awareness of the material, but shall not be interpreted to mean agreement with the content of the material. I. A bargaining unit member shall have the right to review her personnel file and to have an Association Representative accompany her in such review. Confidential credential materials shall be excluded from such review. J. In the event a request is made for information in a bargaining unit member’s personnel file and said request is in accordance with the Freedom of Information Act, the Association and the bargaining unit member who is named in the FOIA request will receive a copy of any and all information that is released to any such petitioner.

Appears in 1 contract

Samples: Master Agreement

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PROTECTION OF BARGAINING UNIT MEMBERS. A. The Board recognizes will continue its responsibility policy of nondiscrimination with respect to give all reasonable support and assistance any bargaining unit member by reason of race, creed, color, national origin, sex, handicap, marital status or membership in or association with the activities of any bargaining unit organizations. B. The Association will continue to admit bargaining unit members to membership and will represent bargaining unit members without discrimination by reason of race, creed, color, national origin, age, sex or marital status. C. No bargaining unit member shall be disciplined, reprimanded, suspended, reduced in rank, or discharged without just cause. There will be a policy of progressive discipline which minimally includes verbal warning, written warning, reprimand, suspension without pay, with discharge as a final and last resort. Any action taken against a bargaining unit member shall relate only to the said violation and not to other aspects contained in previous evaluations. The Association recognizes that if an employee engages in a serious breach, the employee may be subject to severe discipline. The severity of the discipline may be subject to the grievance procedure. D. A bargaining unit member shall be entitled to have present, a representative of the Association during any disciplinary action which such action will become part of the bargaining unit member's personnel file. When a request for such representation is made, no action shall be taken with respect to the maintenance bargaining unit member until a readily available representative of control and discipline the Association is present. Further, in the classroom. It event disciplinary action is likewise recognized that there may be cases where the service and/or authority of personnel not normally on the school payroll will need to be employed taken, the bargaining unit member shall be advised of the right to serve representation under this provision of the best interests of studentsAgreement prior to action being taken. B. Any case E. If any bargaining unit member is sued as a result of assault upon any action taken by the bargaining unit member while in the performance of his/her regularly assigned duties, the Board shall give notice of such suit to its liability carrier. The bargaining unit member shall notify the union president who will notify the liability insurance carrier of the union. F. Complaints by a parent directed toward a bargaining unit member shall be promptly reported by the bargaining unit member to the building principal. The Board shall render all reasonable assistance called to the bargaining unit member member's attention if a permanent record is to be made of such complaint or if such complaint would be used in connection with the handling any future discipline of the incident by law enforcement and judicial authoritiesemployee. C. In the event the bargaining unit member incurs medical expenses or loss of work time as a result of an assault while performing her duties with the District, Worker Compensation Insurance provides protection for these expenses and income considerations. Accumulated sick leave may be utilized at the bargaining unit member’s option. Reduction of sick leave shall be pro-rated at the same rate as the District’s proportion of salary payment. D. G. Bargaining unit members are expected will not be required to exercise reasonable care administer to students more than emergency first aid. When bargaining unit members dispense medication, it shall be in accordance with respect to written Board Policy and the safety Rules and Regulations. H. Bargaining unit members will not be charged with restroom supervision or school detention responsibilities outside of pupils and property, but their regular work station on an ongoing basis. Bargaining unit members shall not be individually liable except in the case of gross negligence or gross neglect of duty, for any damage or loss required to person or property. E. The Board shall reimburse the bargaining unit member for loss or damage administer disciplinary punishment to personal property used for instructional purposes, provided the bargaining unit member receives approval from the building principal prior to bringing such items to school. F. The Michigan Child Protection Law requires the parties to report child abuse or neglect to the Department of Protective Services where there is reasonable cause to suspect that a student has been abused or neglected as defined by said law. Said law provides that the name of any person who reports child abuse/neglect is confidential and further, that disclosure of same may result in criminal as well as civil liability/penalty. G. Copies of documents of an evaluative and/or disciplinary nature which are to be inserted into the personnel file shall be forwarded to the bargaining unit member simultaneous to the inclusion of same in the personnel file. The bargaining unit member may, at her option, submit a written statement and have same attached to the file copy of such materials. This must be submitted within 10 days of the memo. H. When a bargaining unit member is requested to sign materials to be placed in the personnel file, such signature shall be understood to indicate her awareness of the material, pupils but shall not be interpreted to mean agreement with the content of the materialhave adult responsibility. I. A bargaining unit member shall have the right to review her personnel file and to have an Association Representative accompany her in such review. Confidential credential materials shall be excluded from such review. J. In the event a request is made for information in a bargaining unit member’s personnel file and said request is in accordance with the Freedom of Information Act, the Association and the bargaining unit member who is named in the FOIA request will receive a copy of any and all information that is released to any such petitioner.

Appears in 1 contract

Samples: Master Agreement

PROTECTION OF BARGAINING UNIT MEMBERS. A. The Board recognizes will continue its responsibility policy of nondiscrimination with respect to give all reasonable support and assistance any bargaining unit member by reason of race, religion, color, national origin, age, sex, handicap, marital status or membership in or association with the activities of any bargaining unit organizations. B. The Association will continue to admit bargaining unit members to membership and will represent bargaining unit members without discrimination by reason of race, religion, color, national origin, age, sex or marital status. C. No bargaining unit member shall be disciplined, reprimanded, suspended, reduced in rank, or discharged without just cause. There will be a policy of progressive discipline which minimally includes verbal warning, written warning, reprimand, suspension without pay, with discharge as a final and last resort. Any action taken against a bargaining unit member shall relate only to the said violation and not to other aspects contained in previous evaluations. The Association recognizes that if an employee engages in a serious breach, the employee may be subject to severe discipline. The severity of the discipline may be subject to the grievance procedure. D. A bargaining unit member shall be entitled to have present, a representative of the Association during any disciplinary action which such action will become part of the bargaining unit member's personnel file. When a request for such representation is made, no action shall be taken with respect to the maintenance bargaining unit member until a readily available representative of control and discipline the Association is present. Further, in the classroom. It event disciplinary action is likewise recognized that there may be cases where the service and/or authority of personnel not normally on the school payroll will need to be employed taken, the bargaining unit member shall be advised of the right to serve representation under this provision of the best interests of studentsAgreement prior to action being taken. B. Any case E. If any bargaining unit member is sued as a result of assault upon any action taken by the bargaining unit member while in the performance of his/her regularly assigned duties, the Board shall give notice of such suit to its liability carrier. The bargaining unit member shall notify the union president who will notify the liability insurance carrier of the union. F. Complaints by a parent directed toward a bargaining unit member shall be promptly reported by the bargaining unit member to the building principal. The Board shall render all reasonable assistance called to the bargaining unit member member's attention if a permanent record is to be made of such complaint or if such complaint would be used in connection with the handling any future discipline of the incident by law enforcement and judicial authoritiesemployee. C. In the event the bargaining unit member incurs medical expenses or loss of work time as a result of an assault while performing her duties with the District, Worker Compensation Insurance provides protection for these expenses and income considerations. Accumulated sick leave may be utilized at the bargaining unit member’s option. Reduction of sick leave shall be pro-rated at the same rate as the District’s proportion of salary payment. D. G. Bargaining unit members are expected will not be required to exercise reasonable care administer to students more than emergency first aid. When bargaining unit members dispense medication, it shall be in accordance with respect to written Board Policy and the safety Rules and Regulations. H. Bargaining unit members will not be charged with restroom supervision or school detention responsibilities outside of pupils and property, but their regular work station on an ongoing basis. Bargaining unit members shall not be individually liable except in the case of gross negligence or gross neglect of duty, for any damage or loss required to person or property. E. The Board shall reimburse the bargaining unit member for loss or damage administer disciplinary punishment to personal property used for instructional purposes, provided the bargaining unit member receives approval from the building principal prior to bringing such items to school. F. The Michigan Child Protection Law requires the parties to report child abuse or neglect to the Department of Protective Services where there is reasonable cause to suspect that a student has been abused or neglected as defined by said law. Said law provides that the name of any person who reports child abuse/neglect is confidential and further, that disclosure of same may result in criminal as well as civil liability/penalty. G. Copies of documents of an evaluative and/or disciplinary nature which are to be inserted into the personnel file shall be forwarded to the bargaining unit member simultaneous to the inclusion of same in the personnel file. The bargaining unit member may, at her option, submit a written statement and have same attached to the file copy of such materials. This must be submitted within 10 days of the memo. H. When a bargaining unit member is requested to sign materials to be placed in the personnel file, such signature shall be understood to indicate her awareness of the material, pupils but shall not be interpreted to mean agreement with the content of the materialhave adult responsibility. I. A bargaining unit member shall have the right to review her personnel file and to have an Association Representative accompany her in such review. Confidential credential materials shall be excluded from such review. J. In the event a request is made for information in a bargaining unit member’s personnel file and said request is in accordance with the Freedom of Information Act, the Association and the bargaining unit member who is named in the FOIA request will receive a copy of any and all information that is released to any such petitioner.

Appears in 1 contract

Samples: Master Agreement

PROTECTION OF BARGAINING UNIT MEMBERS. A. The Board recognizes its responsibility to give all reasonable support and assistance to bargaining unit members with respect to the maintenance of control and discipline in the classroom. It is likewise recognized that there may be cases where the service and/or authority of personnel not normally on the school payroll will need to be employed to serve the best interests of students. B. Any case of assault upon a bargaining unit member shall be promptly reported by the bargaining unit member to the building principal. The Board shall render all reasonable assistance to the bargaining unit member in connection with the handling of the incident by law enforcement and judicial authorities. C. In the event the bargaining unit member incurs medical expenses or loss of work time as a result of an assault while performing her his duties with the District, Worker Compensation Insurance provides protection for these expenses and income considerations. Accumulated sick leave may be utilized at the bargaining unit member’s 's option. Reduction of sick leave shall be pro-rated at the same rate as the District’s 's proportion of salary payment. D. Bargaining unit members are expected to exercise reasonable care with respect to the safety of pupils and property, but shall not be individually liable except in the case of gross negligence or gross neglect of duty, for any damage or loss to person or property. E. The Board shall reimburse the bargaining unit member for loss or damage to personal property used for instructional purposes, provided the bargaining unit member receives approval from the building principal prior to bringing such items to school. F. The Michigan Child Protection Law requires the parties to report child abuse or neglect to the Department of Protective Services where there is reasonable cause to suspect that a student has been abused or neglected as defined by said law. Said law provides that the name of any person who reports child abuse/neglect is confidential and further, that disclosure of same may result in criminal as well as civil liability/penalty. 1. Should an administrator receive a complaint against a bargaining unit member, the nature of which requires that he report same to the Department of Protective Services and which may result in disciplinary action against the bargaining unit member due to a breach of this Agreement, Board policy or other work rules, the bargaining unit member shall be informed that a report has been filed. 2. Notwithstanding any investigation of a complaint or the results of any investigation by the Department of Protective Services and/or any law enforcement agency, an administrator shall conduct his own investigation of a complaint against a bargaining unit member. 3. To the extent permitted by law and upon completion of the investigation, all information forming the basis for disciplinary action will be made available to the bargaining unit member and the Association at the request of the bargaining unit member. 4. Prior to the imposition of any discipline, the administrator shall provide a due process hearing wherein the bargaining unit member shall have an opportunity to be heard on the allegation(s) at issue. G. In recognition of the concept of progressive discipline, the Employer shall notify the bargaining unit member in writing of any alleged delinquencies. Progressive discipline, both oral and written, shall consist of the following except when the nature of the delinquency warrants immediate disciplinary action: 1. An informal conference between the bargaining unit member and his immediate supervisor to discuss the alleged inadequacy. 2. A clear statement of the type of behavior which is perceived as inadequate. 3. A clear statement of the type of behavior which the supervisor believes would resolve the problem. 4. A clear statement of the time in which the bargaining unit member is to meet the supervisor's requirement(s). 5. A clear statement of the action that may be expected if the problem is not resolved. H. Copies of documents of an evaluative and/or disciplinary nature which are to be inserted into the personnel file shall be forwarded to the bargaining unit member simultaneous to the inclusion of same in the personnel file. The bargaining unit member may, at her his option, submit a written statement and have same attached to the file copy of such materials. This must be submitted within 10 days of the memo. H. I. When a bargaining unit member is requested to sign materials to be placed in the personnel file, such signature shall be understood to indicate her his awareness of the material, but shall not be interpreted to mean agreement with the content of the material. I. A J. Reasonable complaints directed toward a bargaining unit member shall have be called to the right to review her personnel file and to have an Association Representative accompany her in such review. Confidential credential materials shall be excluded from such review. J. In the event a request is made for information in a bargaining unit member’s personnel file and said request is in accordance 's attention. Complaints which are called to the bargaining unit member's attention shall be reduced to writing with the Freedom names of Information Actthe complainants and the administrative action take, if any. K No bargaining unit member shall be disciplined, reprimanded, reduced in rank or compensation without just cause. Any such discipline, including an adverse evaluation of a tenured teacher’s performance shall be subject to the grievance procedure herein set forth including arbitration. Upon request, the Association and grounds forming the basis for disciplinary action shall be made available to the bargaining unit member who is named and the Association in writing. Discipline may include any of the following: warning, written reprimand, suspension with or without pay and/or dismissal. The non-renewal of a probationary teacher shall not be subject to the just cause standard, nor does a probationary teacher have access to the grievance procedure in the FOIA request will receive event of a copy of any and all information that is released to any such petitionernon-renewal decision by the employer.

Appears in 1 contract

Samples: Master Agreement

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PROTECTION OF BARGAINING UNIT MEMBERS. A. The Board recognizes its responsibility to give all reasonable support and assistance to bargaining unit members with respect to the maintenance of control and discipline in the classroom. It is likewise recognized that there may be cases where the service and/or authority of personnel not normally on the school payroll will need to be employed to serve the best interests of students. B. Any case of assault upon a bargaining unit member shall be promptly reported by the bargaining unit member to the building principal. The Board shall render all reasonable assistance to the bargaining unit member in connection with the handling of the incident by law enforcement and judicial authorities. C. In the event the bargaining unit member incurs medical expenses or loss of work time as a result of an assault while performing her his duties with the District, Worker Compensation Insurance provides protection for these expenses and income considerations. Accumulated sick leave may be utilized at the bargaining unit member’s 's option. Reduction of sick leave shall be pro-rated at the same rate as the District’s 's proportion of salary payment. D. Bargaining unit members are expected to exercise reasonable care with respect to the safety of pupils and property, but shall not be individually liable except in the case of gross negligence or gross neglect of duty, for any damage or loss to person or property. E. The Board shall reimburse the bargaining unit member for loss or damage to personal property used for instructional purposes, provided the bargaining unit member receives approval from the building principal prior to bringing such items to school. F. The Michigan Child Protection Law requires the parties to report child abuse or neglect to the Department of Protective Services where there is reasonable cause to suspect that a student has been abused or neglected as defined by said law. Said law provides that the name of any person who reports child abuse/neglect is confidential and further, that disclosure of same may result in criminal as well as civil liability/penalty. 1. Should an administrator receive a complaint against a bargaining unit member, the nature of which requires that he report same to the Department of Protective Services and which may result in disciplinary action against the bargaining unit member due to a breach of this Agreement, Board policy or other work rules, the bargaining unit member shall be informed that a report has been filed. 2. Notwithstanding any investigation of a complaint or the results of any investigation by the Department of Protective Services and/or any law enforcement agency, an administrator shall conduct his own investigation of a complaint against a bargaining unit member. 3. To the extent permitted by law and upon completion of the investigation, all information forming the basis for disciplinary action will be made available to the bargaining unit member and the Association at the request of the bargaining unit member. 4. Prior to the imposition of any discipline, the administrator shall provide a due process hearing wherein the bargaining unit member shall have an opportunity to be heard on the allegation(s) at issue. G. In recognition of the concept of progressive discipline, the Employer shall notify the bargaining unit member in writing of any alleged delinquencies. Progressive discipline, both oral and written, shall consist of the following except when the nature of the delinquency warrants immediate disciplinary action: 1. An informal conference between the bargaining unit member and his immediate supervisor to discuss the alleged inadequacy. 2. A clear statement of the type of behavior which is perceived a inadequate. 3. A clear statement of the type of behavior which the supervisor believes would resolve the problem. 4. A clear statement of the time in which the bargaining unit member is to meet the supervisor's requirement(s). 5. A clear statement of the action that may be expected if the problem is not resolved. H. Copies of documents of an evaluative and/or disciplinary nature which are to be inserted into the personnel file shall be forwarded to the bargaining unit member simultaneous to the inclusion of same in the personnel file. The bargaining unit member may, at her his option, submit a written statement and have same attached to the file copy of such materials. This must be submitted within 10 days of the memo. H. I. When a bargaining unit member is requested to sign materials to be placed in the personnel file, such signature shall be understood to indicate her his awareness of the material, but shall not be interpreted to mean agreement with the content of the material. I. J. Reasonable complaints directed toward a bargaining unit member shall be called to the bargaining unit member's attention. Complaints which are called to the bargaining unit member's attention shall be reduced to writing with the names of the complainants and the administrative action take, if any. K. No bargaining unit member shall be disciplined, reprimanded, reduced in rank or compensation without just cause. Any such discipline, including an adverse evaluation of a tenured teacher’s performance shall be subject to the grievance procedure herein set forth including arbitration. Upon request, the grounds forming the basis for disciplinary action shall be made available to the bargaining unit member and the Association in writing. Discipline may include any of the following: warning, written reprimand, suspension with or without pay and/or dismissal. The non-renewal of a probationary teacher shall not be subject to the just cause standard, nor does a probationary teacher have access to the grievance procedure in the event of a non-renewal decision by the employer. L. A bargaining unit member shall be entitled to have a representative of the Association present during any meeting which leads to disciplinary action. When a request for such representation is made, no action shall be taken with respect to the unit member until such representative of the Association is present. Should disciplinary action be likely to occur at a given meeting, the unit member shall be advised of the right to representation under this provision. M. A bargaining unit member shall have the right to review her his personnel file and to have an Association Representative accompany her him in such review. Confidential credential materials shall be excluded from such review. J. N. In the event a request is made for information in a bargaining unit member’s personnel file and said request is in accordance with the Freedom of Information Act, the Association and the bargaining unit member who is named in the FOIA request will receive a copy of any and all information that is released to any such petitioner.

Appears in 1 contract

Samples: Master Agreement

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