Common use of Rights and Procedures Clause in Contracts

Rights and Procedures. SECTION 1 The making and formation of health services policy and educational policy of the Town of South Xxxxxx is the final responsibility of the Committee. The exercise by the Committee or through its agent, the Superintendent, of any of the following rights shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit. The parties agree that the operation of the School Department of South Xxxxxx, the supervision of the employees and of their work are the rights of the Committee and its administration. Accordingly, subject to the provisions of this Agreement and MGL c. 150E, the making of reasonable rules to ensure orderly and effective work, to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules, the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, layoff, recall, discipline or discharge of employees for just cause without discrimination, are rights of the Superintendent. The foregoing enumeration of the rights of the Committee and Superintendent shall not be deemed to exclude other rights not specifically set forth, the Committee therefore retaining all rights not otherwise specifically restricted by this Agreement. SECTION 2 Whenever the Association desires to be heard by the Committee upon any questions before the Committee, representatives of the Executive Committee of the Association will first meet at the earliest possible time with the Superintendent, to review the facts and details of the question at hand. Following this meeting, the Executive Committee shall be given an opportunity to send representatives to meet with the Committee and present such information or views as it sees fit. The Committee agrees to suspend, if possible, any final action on a question until it has heard the views of the Executive Committee of the Association, if the Executive Committee has, in fact, complied with the aforementioned procedure in requesting such a meeting to present their views. SECTION 3 Before the Committee adopts a change in rules, regulations, or policy which substantially affects wages, hours, standards of productivity and performance, and any other terms and conditions of employment and which is not covered by the terms of this Agreement, the Committee will notify the Association, in writing, through its approved minutes, that it is considering such a change. The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee within five (5) days, excluding weekends and legal holidays, after receipt of said notice. SECTION 4 As to every matter not covered by this Agreement, and except as modified by language in a provision of this Agreement, the Committee retains exclusively to itself and its administration all rights and powers that it has or may hereinafter be granted by law, and may exercise the same without such exercise being made subject of grievance or arbitration, but the question of whether the matter is covered by this Agreement may be made the subject of a grievance or arbitration. SECTION 5 If any provision of this Agreement is held to be contrary to law, then such provision will be deemed valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect. The Committee and the Association will meet to negotiate any section affected by a change in the law, as soon as reasonably possible.

Rights and Procedures. SECTION 1 The making and formation of health services policy and educational policy 1. At any step of the Town of South Xxxxxx is the final responsibility of the Committee. The exercise by the Committee or through its agentgrievance, the Superintendent, of any of the following rights shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit. The parties agree that the operation of the School Department of South Xxxxxx, the supervision of the employees and of their work are the rights of the Committee and its administration. Accordingly, subject to the provisions of this Agreement and MGL c. 150E, the making of reasonable rules to ensure orderly and effective work, to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules, the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, layoff, recall, discipline or discharge of employees for just cause without discrimination, are rights of the Superintendent. The foregoing enumeration of the rights of the Committee and Superintendent shall not be deemed to exclude other rights not specifically a grievant may have “representation” as set forth, the Committee therefore retaining all rights not otherwise specifically restricted by this Agreementforth above. SECTION 2 Whenever the Association desires to be heard by the Committee upon any questions before the Committee, representatives of the Executive Committee of the Association will first meet at the earliest possible time with the Superintendent, to review the facts and details of the question at hand2. Following this meeting, the Executive Committee A grievant shall be given an opportunity to send representatives to meet with the Committee and present such information or views as it sees fit. The Committee agrees to suspend, if possible, any final action on a question until it has heard the views of the Executive Committee of the Association, if the Executive Committee has, in fact, complied with the aforementioned procedure in requesting such a meeting to present their views. SECTION 3 Before the Committee adopts a change in rules, regulations, or policy which substantially affects wages, hours, standards of productivity and performance, and any other terms and conditions of employment and which is not covered by the terms of this Agreement, the Committee will notify the Association, in writing, through its approved minutes, that it is considering such a change. The Association will have the right to negotiate present a claim in accordance with the Committeeprocedure described herein, free from interference, coercion, restraint, discrimination, or reprisal. 3. Nothing contained herein shall limit or otherwise exclude any grievant from seeking redress from any governmental agency, regulatory body, or any court of law with jurisdiction over this school district in the area of civil or equal rights violations. For all other areas the grievance procedure is the exclusive remedy for all alleged violations of this contract. 4. No grievance may be submitted to arbitration without the consent of the Association. 5. If the grievance arises from the actions of an authority higher than the immediate supervisor, it may be initially submitted at Step Two described herein. 6. Copies of the documents pertaining to a grievance which has been filed shall be placed only in the confidential files of the treasurer of the Board and the president of the Association. The treasurer shall make these available only to members of the Board, superintendent, legal counsel, and/or by court order. 7. Other than the final disposition at Step One or beyond, no record, document, or communication arising from a grievance shall be placed in the personnel file of any participant involved in the procedure herein described, unless so ordered by an arbitrator or a court of competent jurisdiction. 8. Time limits specified herein are considered maximum; however, they may be extended by written agreement of the parties. Failure at the informal or Step One of this procedure to dispose of a grievance within the time limits provided shall result in the grievance advancing to the next step. Lack of adherence to the time limits by the grievant shall bar the grievance and act as a waiver of the grievant’s right to proceed. Disposition of a grievance by a failure of any party to proceed within the applicable time limits shall be binding only as to that specific grievance and shall not serve as a precedent or past practice for the disposition of same or similar issues in the future. 9. Any meeting set forth in any of the stages of the grievance procedure which is commenced with the time period set forth may be continued, by mutual agreement, for the purpose of gathering or presenting additional information, and the time limits for instituting procedures in the next stage of the grievance procedure shall commence from the date of the conclusion of such continued meeting. 10. Both parties recognize that it files is the intent of the grievance procedure to resolve disputes. Therefore, each party shall at, prior to, or during each step of the grievance disclose to the other all known material facts, precedent or past practice, and contractual provisions which each believes to be supportive of its respective position. If one party knowingly fails to disclose such information prior to proceeding to binding arbitration as set forth in the procedure, and it should, in the opinion of the arbitrator, result in material prejudice to the other party, then the arbitrator may, in his/her discretion, prohibit or limit the presentation of such information at the arbitration hearing. 11. In the event more than one (1) grievance is pending at any step which grievances have in common a request question of fact, precedent, past practice, or application of the contract provisions material to its disposition, the parties may, by mutual agreement, consolidate said grievances at the highest step of any one of them. 12. A grievance shall be dismissed without prejudice if the grievant resigns his/her employment prior to its resolution. Resignation of one or more members of a group grievance shall not act to bar others in the group from proceeding with the Committee within grievance. 13. Failure of a grievant to attend a procedural step shall grant to the administration the option of proceeding on the record in his/her absence or continuing the matter for not more than five (5) working days, excluding weekends and legal holidays, after receipt of said notice. SECTION 4 As to every matter not covered by this Agreement, and except as modified by language in a provision of this Agreement, the Committee retains exclusively to itself and its administration all rights and powers that it has or may hereinafter be granted by law, and may exercise the same without such exercise being made subject of grievance or arbitration, but the question of whether the matter is covered by this Agreement may be made the subject . Failure of a grievance or arbitration. SECTION 5 If any provision of this Agreement is held grievant to be contrary to law, then such provision will be deemed valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect. The Committee and the Association will meet to negotiate any section affected by attend a change continued proceeding shall result in the lawgrievance being dismissed without prejudice. Group grievances are excluded from this provision, so long as soon as reasonably possiblea majority of the group attends the proceeding.

Rights and Procedures. SECTION 1 The making and formation of health services policy and educational policy of the Town of South Xxxxxx is the final responsibility of the Committee. The exercise by the Committee or through its agent, the Superintendent, of any of the following rights shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit. The parties agree that the operation of the School Department of South Xxxxxx, the supervision of the employees and of their work are the rights of the Committee and its administration. Accordingly, subject to the provisions of this Agreement and MGL c. 150E, the making of reasonable rules to ensure orderly and effective work, to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules, the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, layoff, recall, discipline or discharge of employees for just cause without discrimination, are rights of the Superintendent. The foregoing enumeration of the rights of the Committee and Superintendent shall not be deemed to exclude other rights not specifically set forth, the Committee therefore retaining all rights not otherwise specifically restricted by this Agreement. SECTION 2 Whenever the Association desires to be heard by the Committee upon any questions before the Committee, representatives of the Executive Committee of the Association will first meet at the earliest possible time with the Superintendent, to review the facts and details of the question at hand. Following this meeting, the Executive Committee shall be given an opportunity to send representatives to meet with the Committee and present such information or views as it sees fit. The Committee agrees to suspend, if possible, any final action on a question until it has heard the views of the Executive Committee of the Association, if the Executive Committee has, in fact, complied with the aforementioned procedure in requesting such a meeting to present their views. SECTION 3 . Before the Committee adopts a change in rules, regulations, or policy which substantially affects wages, hours, standards of productivity and performance, and any other terms and conditions of employment and which is not covered by the terms of this Agreement, the Committee will notify the Association, in writing, through its approved minutes, that it is considering such a change. The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee within five (5) days, excluding weekends and legal holidays, after receipt of said notice. SECTION 4 As to every matter not covered by this Agreement, and except as modified by language in a provision of this Agreement, the Committee retains exclusively to itself and its administration all rights and powers that it has or may hereinafter be granted by law, and may exercise the same without such exercise being made subject of grievance or arbitration, but the question of whether the matter is covered by this Agreement may be made the subject of a grievance or arbitration. SECTION 5 If any provision of this Agreement is held to be contrary to law, then such provision will be deemed valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect. The Committee and the Association will meet to negotiate any section affected by a change in the law, as soon as reasonably possible.

Rights and Procedures. SECTION 1 The making and formation of health services policy and educational policy 6.1.1 Employees who have satisfactorily completed the probationary period provided in Paragraph 9.1.1 may be removed or otherwise subjected to any disciplinary penalty only for just cause. Such employees shall be disciplined only by the procedures set forth in this Article, which shall apply in lieu of the Town of South Xxxxxx is the final responsibility procedure prescribed by Sections 75 and 76 of the Committee. The exercise by the Committee or through its agentNew York State Civil Service Law, the Superintendent, of any of the following rights which shall not alter any of the specific provisions of this Agreement; nor shall they be used apply to discriminate against any member of the bargaining unit. The parties agree that the operation of the School Department of South Xxxxxx, the supervision of the employees and of their work are the rights of the Committee and its administration. Accordingly, subject to the provisions of this Agreement and MGL c. 150E, the making of reasonable rules to ensure orderly and effective work, to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules, the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, layoff, recall, discipline or discharge of employees for just cause without discrimination, are rights of the Superintendent. The foregoing enumeration of the rights of the Committee and Superintendent shall not be deemed to exclude other rights not specifically set forth, the Committee therefore retaining all rights not otherwise specifically restricted covered by this Agreement. SECTION 2 Whenever 6.1.2 When the Association desires to Sheriff or his designee determines that an employee's misconduct or incompetence warrants disciplinary action, a Written Notice of Discipline will be heard by simultaneously served upon the Committee upon any questions before the Committee, representatives employee and an appropriate SEA representative. After such employee receives a written Notice of the Executive Committee of the Association will first meet at the earliest possible time with the Superintendent, to review the facts and details of the question at hand. Following this meetingDiscipline, the Executive Committee employee shall be given an opportunity to send representatives to meet with the Committee and present such information or views as it sees fit. The Committee agrees to suspend, if possible, any final action on a question until it has heard the views of the Executive Committee of the Association, if the Executive Committee has, in fact, complied with the aforementioned procedure in requesting such a meeting to present their views. SECTION 3 Before the Committee adopts a change in rules, regulations, or policy which substantially affects wages, hours, standards of productivity and performance, and any other terms and conditions of employment and which is not covered by the terms of this Agreement, the Committee will notify the Association, in writing, through its approved minutes, that it is considering such a change. The Association will have the right to negotiate seek review of the discipline, including the penalty involved, by submitting a written appeal in accordance with the Committeeprocedure set forth in this Article. The employee shall be entitled to representation by the SEA at each step of the discipline procedure. 6.1.3 The appeal must be requested within ten (10) calendar days from the date upon which the Notice of Discipline was served upon such employee. Upon receipt of the appeal, provided that it files the Sheriff or his designee shall conduct such a request with the Committee hearing within five (5) dayscalendar days thereafter, excluding weekends and legal holidaysshall render a written decision within five (5) work days of the date such hearing is held. 6.1.4 An employee who continues to feel, after following the decision of the Sheriff or his designee under 6.1.3 that there was not just cause for the discipline imposed against him may request, within fifteen (15) calendar days from the date the written hearing decision was rendered, arbitration of the question whether the employee was properly disciplined. The request shall be served upon the Sheriff and the County Personnel Officer in person or by certified mail, return receipt requested. 6.1.5 The arbitrator shall be chosen from a panel of five persons provided by the New York State Public Employment Relations Board upon the request of the parties. Either party shall have the right to reject one such panel within ten (10) calendar days of receipt thereof, upon notice within that time to the other party. Failing such notice, or upon receipt of said notice. SECTION 4 As to every matter not covered by this Agreement, and except as modified by language in a provision of this Agreementthe alternative panel(s), the Committee retains exclusively to itself and its administration all rights and powers that it has or may hereinafter be granted by lawparties shall, and may exercise the same without such exercise being made subject of grievance or arbitration, but the question of whether the matter is covered by this Agreement may be made the subject of a grievance or arbitration. SECTION 5 If any provision of this Agreement is held to be contrary to law, then such provision will be deemed valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect. The Committee and the Association will meet to negotiate any section affected by a change in the law, as soon as reasonably possible.within ten