Common use of RECOGNITION Section 1 Clause in Contracts

RECOGNITION Section 1. 1.1 The Board of Education recognizes the Association as the exclusive bargaining representative as defined in Act 379 of the Public Acts of Michigan of 1965, as amended, for all full-time and regularly employed part-time secretaries, assistants, clerks, and elementary school food service clerks/clerical employees (whose primary service is not with the Food Service Employees Association), employed by the Traverse City Area Public Schools, but excluding temporary and substitute employees, supervisors, personnel and labor relations office secretaries, secretaries to the Superintendent, Associate Superintendent, and Assistant Superintendents, payroll coordinator, accounting department head, and all other employees. 1.2 The Association agrees that its representation of the above personnel does not extend to employees during the time when they may perform duties and job responsibilities already covered by an existing bargaining unit within the Traverse City Area Public School District such as the duties performed by employees in bargaining units of the Food Service Employees Association, Traverse City Education Association, Traverse City Transportation Association, and AFSCME. 2.1 The Traverse City Clerical, Assistants, Paraprofessionals, and Secretaries Association Board will call a meeting of the Executive Board and the Central Office Executive team at least three times annually for the purpose of clarification or discussion of issues. Additional meetings may be mutually agreed to as needed. 3.1 The Association recognizes that the Board of Education on its own behalf and on the behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Constitution and by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States, including, but without limiting the generality of the right to establish policy for the executive management and administrative control of the school system, its properties, its facilities and its personnel, as well as the methods and means necessary to the proper execution of the foregoing obligation provided that such rights shall be exercised in conformity with the provisions of this Agreement. 3.2 The Employer reserves the right, except as may be limited by express written language elsewhere in this Agreement, to: a. The executive management and administrative control of all aspects of the school district and the work activities of its employees, including the right to subcontract such services. Subcontracting in a position in excess of forty-five (45) consecutive workdays shall occur only after consultation with the Association, providing the reason for such subcontracting. The Employer's use of TCAPS employed substitutes shall not be considered subcontracting as it applies to this paragraph. b. The hiring and termination of employees and the determination of qualifications and conditions of employment, including training programs, work hours, standards of performance, assignments, promotions, transfers, discharge and discipline of personnel, and of the size, composition, and structure of the working force. c. The establishment of policies and procedures which determine the operation of the school district and responsibilities of the personnel, and executive management and administrative control of the properties of the school district. 3.3 Nothing contained herein shall be considered to deny or restrict the Board of Education of its rights, responsibilities, and authority under the Michigan General School Laws or any other national, state, county, district or local laws or regulations as they pertain to education. 3.4 The Association agrees that it shall not discourage, deprive, coerce, harass or discriminate against any employee of the Board of Education with respect to the enjoyment of any rights conferred by the laws and the Constitution of Michigan and the United States. 4.1 The Association shall have the right of reasonable use of school buildings, facilities, and equipment, including computers, when scheduled through prescribed channels. 4.2 The Association shall be permitted reasonable use of interschool mail delivery including e-mail. A copy of all materials sent through the interschool mail delivery and e-mail shall be given to the Human Resources office. 4.5 The Association shall be provided with bulletin board space in each building as arranged with the school principal, or the immediate supervisor. 4.4 The Employer agrees to furnish to the Association in response to reasonable requests for all available information concerning the financial resources of the district, the preliminary budget, and such other information as will assist the Association in developing programs on behalf of the employees, preparing for grievances and for negotiations. 4.5 Special conferences for important matters of mutual concern may be arranged at the request of either party. Such conferences shall be scheduled within ten (10) working days of such request.

RECOGNITION Section 1. 1.1 The Board of Education recognizes the Traverse City Education Association, affiliated with the Michigan Education Association and the National Education Association, as the exclusive bargaining representative representative, as defined in Section 11, of Act 379 379, of the Public Acts of Michigan of 1965, 1965 as amended, amended for all full-time and regularly employed part-time secretariesschool nurses, assistants, clerksstudent assistance workers/social workers, and elementary school food service clerks/clerical employees (whose primary service is not with the Food Service Employees Association)certificated teaching personnel including department chairpersons, guidance counselors, and librarians employed by the Traverse City Area Public SchoolsSchool District Board of Education, but excluding temporary and substitute employeestherefrom, supervisorsall supervisors such as, personnel and labor relations office secretariesbut not necessarily limited to, secretaries to the Superintendent, Associate Superintendent, and Assistant Superintendents, payroll coordinatorPrincipals, accounting department headAssistant Principals, Directors, all other supervisory personnel, substitute teachers, non-regularly employed part-time teachers, and all other employeesothers. 1.2 The Association agrees that its representation of the above bargaining unit personnel does not extend cover individuals while performing administrative functions to employees during the time when which they may perform duties and be assigned, including job responsibilities already covered and salary paid for the performance of said administrative functions. 1.3 A "supervisor" shall be defined as any person who is charged with responsibility for selection, evaluation or direction of certificated personnel. 1.4 The term "teacher" when used hereinafter in this Agreement, shall refer to all employees represented by an existing the Association in the bargaining or negotiating unit as above defined (except as excluded in Subsection 1.2 above), including school nurses or student assistance workers/social workers, unless limited in another section of this contract. 1.5 Teachers who accept administrative intern assignments shall be excluded from the bargaining unit during that period of time they are performing administrative duties. 2.1 This Agreement entered into by and between the Traverse City Education Association/Michigan Education Association/National Education Association, hereinafter called the "Association" and/or the "TCEA/MEA/NEA" and the school district of Traverse City, hereinafter called the "Employer" and/or the "District" and/or the "Board". 2.2 Further it is specifically agreed that where rights and benefits within the contract are specified as accruing to the "Association" the word "Association" shall be interpreted to mean only those employees of the Traverse City Area Public School District such as the duties performed by employees Schools and any rights or benefits granted in bargaining units this contract shall not accrue to other members of the Food Service Employees Association, Traverse City Education Association, Traverse City Transportation Association, and AFSCMEMEA/NEA. 2.1 The Traverse City Clerical2.3 All terms of this Agreement shall be binding on both parties and shall supersede and cancel all previous Agreements, Assistantsverbal or written or based on alleged past practices, Paraprofessionals, and Secretaries Association Board will call a meeting of between the Executive Board Employer and the Central Office Executive team at least three times annually for the purpose of clarification Association which are contrary to or discussion of issues. Additional meetings may be mutually agreed to as needed. 3.1 The Association recognizes that the Board of Education on its own behalf and on the behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Constitution and by the statutes of the State of Michigan, particularly the Michigan School Code, and by the Constitution of the United States, including, but without limiting the generality of the right to establish policy for the executive management and administrative control of the school system, its properties, its facilities and its personnel, as well as the methods and means necessary to the proper execution of the foregoing obligation provided that such rights shall be exercised in conformity inconsistent with the provisions terms of this Agreement. 3.2 The Employer reserves the right, except as may be limited by express written language elsewhere in this Agreement, to: a. The executive management and administrative control of all aspects of the school district and the work activities of its employees, including the right to subcontract such services. Subcontracting in a position in excess of forty-five (45) consecutive workdays shall occur only after consultation with the Association, providing the reason for such subcontracting. The Employer's use of TCAPS employed substitutes 2.4 Any amendment or agreement supplemental hereto shall not be considered subcontracting as it applies binding upon either party unless executed in writing by the parties hereto. Individual teacher contracts shall be subject to the terms of this paragraphAgreement. b. The hiring and termination 2.5 If any provision of employees and the determination of qualifications and conditions of employment, including training programs, work hours, standards of performance, assignments, promotions, transfers, discharge and discipline of personnel, and of the size, composition, and structure of the working force. c. The establishment of policies and procedures which determine the operation of the school district and responsibilities of the personnel, and executive management and administrative control of the properties of the school district. 3.3 Nothing contained herein this Agreement or application thereof shall be considered found contrary to deny law, then such provision or restrict the Board of Education of its rights, responsibilities, and authority under the Michigan General School Laws or any other national, state, county, district or local laws or regulations as they pertain to education. 3.4 The Association agrees that it shall not discourage, deprive, coerce, harass or discriminate against any employee of the Board of Education with respect to the enjoyment of any rights conferred by the laws and the Constitution of Michigan and the United States. 4.1 The Association shall have the right of reasonable use of school buildings, facilities, and equipment, including computers, when scheduled through prescribed channels. 4.2 The Association application shall be permitted reasonable use of interschool mail delivery including e-mail. A copy of deemed not valid, but all materials sent through the interschool mail delivery other provisions or applications shall continue in force and e-mail shall be given to the Human Resources officeeffect. 4.5 The Association shall be provided with bulletin board space in each building as arranged with the school principal, or the immediate supervisor. 4.4 The Employer agrees to furnish to the Association in response to reasonable requests for all available information concerning the financial resources of the district, the preliminary budget, and such other information as will assist the Association in developing programs on behalf of the employees, preparing for grievances and for negotiations. 4.5 Special conferences for important matters of mutual concern may be arranged at the request of either party. Such conferences shall be scheduled within ten (10) working days of such request.