Rights of Professional Employees Clause Samples

Rights of Professional Employees. A. The Board hereby agrees that every employee shall have the right freely to organize, join, and support the Association and its affiliates for the purpose of engaging in collective negotiations and other concerted activities for mutual aid and protection. As a duly selected body exercising governmental power under the law of the Commonwealth of Pennsylvania, the Board undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any teacher in the enjoyment of any rights conferred by this agreement, or the laws of the Constitution of the Commonwealth of Pennsylvania and the United States; that it shall not discriminate against any teacher with respect to any terms or conditions of employment by reason of his/her membership in Association or its affiliates, his or her participation in any activities of the Association and its affiliates, collective negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement or otherwise with respect to any terms or conditions of employment or professional practice. B. Nothing contained herein shall be construed to deny or restrict to any teacher such rights as he/she may have under Act 195, or other applicable laws and regulations. C. No employee shall be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause. Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the adopted grievance procedure. D. Whenever any employee is required to appear before the Superintendent, Board, or any committee or member thereof concerning any matter which could adversely affect the continuation of that employee in his/her office, position, or employment, or the salary or any increments pertaining thereto, then he/she shall be given prior written notice for the reasons for such meeting or interview and shall be entitled to have a representative of the Association or legal counsel present to advise him/her and represent him/her during such meeting or interview. Any accrued or deferred earnings will be paid to an employee who is suspended pending charges, such earnings will be paid at the next following regular pay period. E. Every employee shall be entitled to full rights of citizenship and no religious or political activities of any such employee or the lack thereof shall be grounds for any discipline or discrimination with respect to the professi...

Rights of Professional Employees. Section A - Due Process 1. No employee shall be disciplined, reprimanded, reduced in rank or basic compensation or suspended without just cause. Reprimands shall be made privately and not in the presence of students, parents, unit members or members of the community. 2. Although any violation of this provision may be used as a basis for a grievance, the Article does not apply to the evaluation or dismissal of contract or probationary employees or the nonrenewal of probationary employee contracts nor does it apply to assignment to or retention in extended responsibility assignments. Although assignment to or retention in extended responsibility assignments is excluded from the provisions of this section, the District will not arbitrarily remove an employee from an extended responsibility assignment during the term of the assignment. This shall not be construed as a limitation on the District's ability to remove and/or replace an employee at the end of the assignment. 3. Employees subjected to non-renewal or dismissal shall be afforded the procedural rights of due process in accordance with ORS 342.835 (probationary) or 342.865-915 (contract employees). 4. All members holding TSPC licenses may be dismissed as provided under ORS 342.805- 342.905. Any non-TSPC-licensed member not eligible for an appeal to Fair Dismissal Appeals Board, if in his/her fourth or later consecutive year of employment with the district, may appeal dismissal through the grievance procedure of this Agreement, but any arbitrator hearing such a grievance must apply the standards used by the Fair Dismissal Appeals Board for review of dismissal of a contract employee, as set forth in ORS 342.865-342.905. 1. A complaint is an allegation against an employee, an expression of dissatisfaction or concern, or a protest about an employee that is submitted to an administrator either verbally or in writing. A complaint may be submitted by a parent, a student, another employee, or other person. 2. A serious complaint may include allegations of illegal actions, violations of the law, and/or policy violations that require immediate referral to law enforcement agencies, Department of Human Services (DHS), or other appropriate state agency. Such serious complaints are excluded from the terms of Sections B and C of this article and do not require adherence to the stated timelines and/or procedures. 3. If a complaint is made against an employee to an administrator, supervisor or Board member, such a compl...

Rights of Professional Employees. A. Required Meetings or Hearings 4 B. Evaluation of Students 4 C. Just Cause Provision. 4

Rights of Professional Employees. A. Members shall have the right to organize, join and assist with the Association, to participate in professional negotiations with the Board through representatives of their own choosing, and to engage in other activities, individually or in concert, for the purpose of establishing, maintaining, protecting or improving conditions or professional service and the quality of the educational program. B. Whenever any member is required to appear before the Superintendent/Principal or the Board concerning any disciplinary matter(s), he/she will be given written notice of the reasons for such meeting or interview and shall be entitled to have a representative of the Association and/or legal counsel present to advise him/her and represent him/her during such meeting or interview. C. Any suspension of a professional member pending charges shall be with pay. In the event the suspension is upheld, the member shall be required to repay any compensation received during suspension. D. The member shall maintain the exclusive right and responsibility to determine grades and other evaluations of students, in the event that a disputed grade is determined to be inappropriate due to a measurable deviation from the member’s published grading procedures or criteria, the Superintendent/Principal may determine the grade and, if necessary implement the grade change. If the grade is changed, without the consent of the member, the Superintendent/Principal shall notify the member of the change in grade, the reason for the change, and the legal authority to change the grade, by notarized/certified mail. The member may appeal any grade change to the Board. In the event that the grading member is unavailable to determine a grade or grade change, the grade shall be determined by the Superintendent/Principal or his/her designee. E. No member shall be prevented from wearing pins or other identification of membership in the Association or its affiliates. F. Members personnel files come with the following rights: 1. The official personnel records of any member in the bargaining unit shall be maintained in the District personnel office. The evaluation record, including any plans of assistance, and any disciplinary material, including letters of reprimand, shall bear the member’s signature or initials indicating by a supervisor that the member has been shown the material and has refused to sign or initial such information. A copy will also be presented to the member. 2. Members will have the ...

Rights of Professional Employees. Vacancies 8 Assignments & Transfers 9 The Collection, Maintenance, and Dissemination of Teacher Records 9 Residency 10 Determination of Grades 10 Seniority 10 Demotions 11

Rights of Professional Employees. A. Just Cause No teacher shall be reprimanded in writing or suspended without pay without just cause; however, 1. The Fair Dismissal Law shall provide the exclusive procedure with respect to dismissal or non- extension of a contract teacher and the exclusive grounds for such dismissal or non- extension. 2. This article does not modify the Board’s right under the provision of ORS 342.835 to dismiss or non-renew the contract of a probationary teacher “for any cause deemed in good faith sufficient by the Board.” B. Due Process No contract teacher shall be dismissed or non-extended and no probationary teacher shall be dismissed or non-renewed without due process. Due process for the purpose of this Article is defined as: 1. Upon request, the employee will be given the reasons and given the information forming the basis for such action in writing prior to any final action, a copy of which will be forwarded to the Association. 2. The employee will have an opportunity to respond to the charges. 3. The employee will have an opportunity to discuss the matter with their supervisor. 4. Upon request, the employee shall be allowed to meet informally with the Board, at which time the Board shall discuss the reasons for such action(s). The employee will have the right to appeal only the above procedure through the grievance procedure of this Agreement.

Rights of Professional Employees. Whenever a vacancy occurs in a permanent full-time professional position, the Superintendent shall post notice of same in the main office of each school building and on the bulletin board in the faculty lounges before the position is filled. The Association shall be notified at the time the posting is made in writing in a manner set forth in Article IV. Vacancies will be posted according to grade and location at the end of each school term and the teachers will be notified of vacancies with their next paycheck once school has closed for the year. Any new positions shall be posted with accompanying job description and salary. A vacancy shall be filled by the employer based on the qualifications of the applicants, and the employer shall have the final decision on filling the vacancy.

Rights of Professional Employees. 3 A. Statutory Savings Clause 3 B. Just Cause Provision 4

Rights of Professional Employees. Required Meetings or Hearings If the need arises for a meeting between an employee and a supervisor (including administrators and/or the Board) and the supervisor reasonably believes that the meeting may result in the discipline of the employee or that the meeting may adversely affect the continued employment of the employee (excluding possible reduction in force situations), the supervisor shall inform the employee, in writing, not by e-mail of the need for the meeting, the nature of the meeting, and the right of the employee to have a representative present. If, during the course of a meeting between an employee and a supervisor, the employee reasonably believes that the meeting may result in the discipline of the employee or that the meeting may adversely affect the continued employment of the employee, the employee has the right to have a representative present. If a representative is requested and one is to be provided, the employee will be given a reasonable time to secure a representative from a list of qualified representatives (local UniServ, qualified building representatives, etc.) supplied and kept up to date by the Cascade Bargaining Council and kept on file with the Superintendent’s office. If a representative is not available from the list of qualified representative, the District will utilize a priority call list provided by the Association for representation by telephone. If a representative still cannot be located from the first two lists any building representatives will be included in the meeting. If no representative can be secured any Association member will be included in the meeting. The employee will be given reasonable time to confer with the representative prior to the meeting. Evaluation of Students The teacher shall maintain the right and responsibility to determine grades and other evaluation of students. No grade or evaluation shall be changed without the approval of the teacher, unless the teacher is not available and the District has made every reasonable effort to contact the teacher, including a certified letter being sent, provided the teacher grades in accordance with District policy and/or administrative rules of the State Board of Education.