Matters Excluded Clause Samples
The "Matters Excluded" clause defines specific issues, topics, or claims that are not covered by the agreement or a particular section of it. In practice, this clause lists exceptions to the general obligations or warranties, such as excluding liability for indirect damages, pre-existing conditions, or matters outside the parties' control. Its core function is to clearly delineate the boundaries of responsibility, reducing ambiguity and limiting potential disputes over what is or is not included in the agreement.
Matters Excluded. All other matters and disputes of any nature are beyond the scope of this grievance procedure including but not limited to reduction in force; examination procedures, results and references; performance evaluations; disciplinary matters; and complaints by one employee about another. Also excluded are those matters so indicated elsewhere in this Agreement which personally and adversely affects the aggrieved employee.
Matters Excluded. 16.3.1 In addition to matters that may be excluded as provided in other articles of this Agreement, it is expressly understood that the following items are specifically excluded from the grievance procedure:
16.3.1.1 any dispute concerning the provisions of Article 2 of this Agreement;
16.3.1.2 matters relating to the selection and hiring of Unit Members;
16.3.1.3 matters relating to the retention of Unit Members, except as may be specifically provided otherwise in this Agreement;
16.3.1.4 the substantive findings of the District with respect to the evaluation of a Unit Member;
16.3.1.5 matters for which a specific method of review is provided by law, by the rules and regulations of the Board of Trustees, or by the administrative regulations and procedures of the District and not expressly provided for in this Agreement.
16.3.2 The District shall not be required to process any grievance claim arising from any act, omission or practice which occurred more than twenty-five (25) days prior to the effective date of this Agreement or any subsequent amendment to the Agreement.
Matters Excluded. All other matters and disputes of any nature are beyond the scope of this grievance procedure including but not limited to reduction in force; examination procedures, results and references; performance evaluations, except as provided above and in Article 11, Procedure for Performance Evaluation, Paragraph D.1.a. disciplinary matters, and complaints by one employee about another. Also excluded are those matters so indicated elsewhere in this Agreement. Claimed violations of Appendix G, Nondiscrimination and Affirmative Action, are to be handled under other District review procedures and/or statutory procedures, rather than the grievance procedure.
Matters Excluded. All other matters and disputes of any nature are beyond the scope of this grievance procedure including but not limited to reduction in force; examination procedures, results and references; performance evaluations, except as provided above and in Paragraph 12.E.1.a; disciplinary matters; and complaints by one employee about another. Also excluded, are those matters so indicated elsewhere in this Agreement. Claimed violation of Article 3, Nondiscrimination and Affirmative Action, are to be handled under other District review procedures and/or statutory procedures, rather than the grievance procedure, with the exception of Section 3.D, which shall be grievable.
Matters Excluded. The grievance procedure is not for the adjustment of complaints relating to any of the following:
1. Matters relating to the selection and/or hiring of employees except selection and/or hiring procedures.
2. Suspensions, demotions, and dismissals for which review procedures are provided by Personnel Commission rules.
3. The review of performance evaluations in which the overall evaluation indicates that the employee "meets or exceeds work performance standards," except any procedural violations of Article 16. Also, any and all probationary performance evaluations except probationary evaluations issued to permanent employees.
4. The review of a written open non-confidential reference submitted in conjunction with a selection or evaluation for a position.
5. Notices of Unsatisfactory Service which are the basis for further disciplinary action and Notice of Unsatisfactory Service issued to probationary employees.
Matters Excluded. Excluded from these procedures are: A. Any claimed violation of Subchapter III of Chapter 73 of Title 5, U. S. C. (relating to prohibited political activities).
Matters Excluded. Not included in this Agreement would be any general counsel legal services, or any other litigation defense services, except as otherwise specifically authorized by the CLIENT.
Matters Excluded. The following matters are specifically excluded from this procedure and may not be processed under this procedure:
a. Any matters subject to formal review and adjudication by the Merit Systems Protection Board, the Office of Personnel Management, the Federal Labor Relations Authority, or the Equal Employment Opportunity Commission or any matter that the employee files under another review process or reconsideration procedure (e.g. adverse actions, classification appeals) within the DOD.
b. The content of established agency regulation and policy (e.g., Air Force Instructions).
c. Non-selection for promotion from a group of properly ranked candidates or failure to receive a non-competitive promotion.
d. The substance of performance standards, elements and or work objectives.
e. Determinations concerning performance awards, step increases, recruitment or relocation bonuses, retention allowances, highest previous rate, voluntary separation incentives, physicians comparability or additional pay allowances, supervisory differentials, critical position pay, or dual compensation waivers.
f. Determinations concerning suggestions or inventions.
g. Any action taken under a voluntary formal agreement entered into by an employee (e.g. mobility agreement or return from an overseas assignment).
h. The termination of a probationary employee, or reassignment of a supervisory employee to a nonsupervisory or non-managerial position during the supervisory or managerial probationary period, or separation or termination of an employee during a trial period.
i. The termination or expiration of a term or temporary appointment or promotion, whether in the competitive or excepted service, in accordance with conditions of the appointment or promotion, provided the employee was informed in advance of the temporary nature of the appointment or promotion and is returned to his or her former or equivalent position, if temporarily promoted.
j. Any matter concerning a centrally-managed position. These will be processed in accordance with Air Force Manual (▇▇▇▇▇) 36-606, Civilian Career Field Management and Development, Section G, Grievances and Complaints.
k. An allegation of reprisal or other whistleblowing complaints which are subject to review and adjudication by the Inspector General or Office of Special Counsel.
l. A violation relating to political activities and/or The Hatch Act.
m. Determinations on retirement, life insurance, or health insurance, or any other benefits program.
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Matters Excluded. Excluded from these procedures are:
A. Any claimed violation of Subchapter III of Chapter 73 of Title 5, U. S. C. (relating to prohibited political activities).
B. Retirement, life insurance or health insurance.
Matters Excluded. A. This negotiated grievance procedure shall apply to all matters except:
1. A violation of 5 U.S.C. Chapter 73, Subchapter III, relating to political activities; or
2. Retirement, life insurance, health insurance, or employment benefits (i.e. TSP, FEDVIP, FLTCP); or
3. A suspension or removal for national security reasons; or
4. Any examination, certification or appointment; or
5. Classification of positions which does not result in the reduction in grade or pay of any employee; or
6. Content of performance work plans; or
7. Non-selection from among a group of properly ranked and certified candidates for non- bargaining unit positions; or
8. Letters regarding proposed disciplinary or adverse actions; or
9. Those excluded by Executive Order; or
10. Termination of a probationary employee during the probationary period.