Section XXVIII. WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES is hereby deleted and replaced with the following:
Section XXVIII Sample Clauses
Related to Section XXVIII
Section I Definitions
Section 6.2 33 The Association representatives shall represent the Association and employees in meeting with 34 officials of the District to discuss appropriate matters of mutual interest. They may receive and 35 investigate to conclusion complaints or grievances of employees and thereafter advise employees of 36 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 37 the grievances or complaints. They may not, however, continue to advise the employee on courses of 38 action after the employee has indicated a desire not to pursue a grievance. The Association may consult 39 with the District on complaints without a grievance being made by an individual employee.
Section Two The Union but not any employee shall have the right to appeal in writing by submitting data, views, arguments, or a request for a hearing relative to reevaluation of a class or classes of positions allocated to the State Compensation Plan. Within sixty (60) days after the receipt of such written data or holding the requested hearing, the Commissioner of Administrative Services or his/her designee shall answer the appeal.
Sectio n Highway drivers w i l l be given preference at t i m e of dispatch on loads i n line with their seniority regardless of the power equipment required t o move the load. Sectio n Employees on highway operations off duty at their home terminal w i l l not be called for work until they have been off duty ten (10) hours. They w i l l be allowed two
Section 512 Control By Holders................................. 37 Section 513. Waiver of Past Defaults............................ 37
Section Nine The Union shall indemnify the State for any liability or damages incurred by the State in compliance with this Article.
Paragraph 2nd The changes mentioned in the present clause do not exclude the possibility of revision, at any time, of the present Contract as a result of the supervenience of relevant fact, at Anatel’s criterion.
Section B The Employer agrees that local Union representative officers, and AFSCME staff representatives shall have reasonable access to the Employer's premise for the sole purpose of the administration of this Agreement, provided that said Union personnel obtain prior approval from the Employer and that said access does not substantially interfere with the operating needs of the Employer. By mutual agreement of the parties, and prior arrangement with the Employer, Union staff representatives may call a meeting during working hours to prevent, resolve, or clarify emergency matters. SECTION C Local Union representatives shall be allowed time off without pay for legitimate Union business, such as State and National Conventions, Union meetings, Committee and/or Board meetings, training sessions, or conferences, and shall be allowed such time off as does not unreasonably interfere with the operating needs of the Employers and provided that the employee gives prior notice to the employer and receives prior approval therein. One (1) of the permitted days off may be considered a “paid day off” for one local representative officer during each calendar year. Nothing shall prevent an employee from using any accumulated time to cover such approved absence.
Section Five In the event the Commissioner of Administrative Services or designee disapproves the requested assignment on the basis of his/her judgment that the assignment does not constitute temporary service in a higher class, the employee shall continue working as assigned with recourse under the appeal procedure for reclassification but not under the grievance and arbitration procedure. The form certifying the assignment will specify the rights and obligations of the parties under Sections Four and Five.
Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits. [SIGNATURES BELOW]
