Section Nine. The Union shall indemnify the State for any liability or damages incurred by the State in compliance with this Article.
Section Nine. The Union shall indemnify the State for any liability or damages incurred by the State in compliance with Sections Two, Four, Five and Six of this Article. Section Ten. The existing system of voluntary payroll deduction for the Union’s Political Action Fund shall be continued.
Section Nine. Arbitration. (a) Submission to arbitration shall be by certified or registered letter from the grievant to the State (Office of Labor Relations). The parties shall establish a permanent panel of mutually acceptable arbitrators from which a single arbitrator will be selected to hear and render a decision on each grievance submitted to arbitration . By mutual agreement, grievances may be combined and submitted to a single arbitrator . In cases involving the dismissal or demotion of an employee, the arbitrator shall be contacted within twenty (20) days of the request for arbitration and must be available to schedule the beginning hearing within forty-five (45) days of his/her appointment. In all other cases, the arbitrator will be contacted within thirty (30) days of the request and an arbitration schedule shall be arranged . If the arbitrator selected is not available to schedule the hearing in a timely fashion the next arbitrator in rotation shall be selected . The expenses for the arbitrator’s service and for the hearing shall be shared equally by the State and the Union or in dismissal or suspension cases when the union is not a party one-half the cost shall be borne by the State and the other half by the party submitting to arbitration. The Office of Labor Relations shall provide to the Union upon request a monthly summary of the arbitrator designations and the cases offered/scheduled with each . On grievances when arbitrability has been raised as an issue the arbitration shall be bifurcated at the demand of either party . In such cases separate arbitrators may be utilized to hear the arbitrability issue and the merits in the event the case is determined to be arbitrable .
Section Nine. During the term of this Agreement the Department of Environmental Protection will allow the Conservation Officers to use assigned vehicles while off-duty subject to those rules, regulations and orders promulgated by the Commissioner of the Department of Environmental Protection. This specific provision of this Article shall sunset upon expiration of this Agreement.
Section Nine. Claims. The employer agrees to facilitate within ninety (90) days the expeditious processing of claims for lost or damaged property to the Claims Commissioner. Eyeglass frames and lenses shall be replaced in kind if possible or by items of equal value. The employer will reimburse an employee for jewelry damaged in the performance of duty up to a maximum of $40.
Section Nine. Nonrenewals of non-tenured teachers shall not be considered layoffs under this Article. As used in this Agreement “non-tenured teachers” are those who have not achieved tenure as provided in Article 15, Section One.
Section Nine. In the event that any court of competent jurisdiction orders the Employer to pay damages due to proper deduction of Union agency fees or to rebate to employees any portion of such fees properly deducted pursuant to this Article, the Union agrees to hold the Employer harmless for said damages and deductions by paying the State for said damages and deductions.
Section Nine. Upon permission granted by the Principal, which shall not be denied unless the facilities have already been scheduled for use or are reserved for such scheduling, the Union may use school facilities for Union meetings before and after that school’s designated student day, provided there is no interference with school operations or student activities.
Section Nine. AMENDMENT AND TERMINATION 9.01 Right of Prototype Sponsor to Amend the Plan......................................... 37 9.02 Right of Employer to Amend the Plan.................................................. 37 9.03 Limitation on Power to Amend......................................................... 37 9.04
Section Nine. When an employee is involved in an accident, damage to State property caused by the driver shall be the responsibility of the agency. The driver may only be assessed for property damage if (a) his/her actions constitute willful or wanton misconduct; (b) he/she was under the influence of alcohol or unprescribed narcotics.
