Common use of Agency Fee (Fair Share Clause in Contracts

Agency Fee (Fair Share. 4.4.1 A Teacher who does not fall within the exempted category as set forth in Section 4.7 below, and who has not voluntarily made application for membership in the Association within thirty (30) days following the date upon which said employee has been formally hired by the District as a Teacher, must pay to the Association a representation fee in the amount authorized by Government Code Section 3546 and applicable law in one lump sum payment in the same manner as required for payment of membership dues, provided, however, that the Teacher may authorize payroll deduction for such fee in the same manner as required for the payment of membership dues. There shall be no charge to the Association for such mandatory agency fee deductions. Representation fees shall be for representation services necessarily performed by the Association in conformance with applicable law and its legally imposed duty of fair representation on behalf of said Teacher who is not a member of the Association. 4.4.2 In the event that a Teacher does not become a member of the Association or pay such fee directly to the Association, the District shall begin automatic payroll deduction in the same manner as set forth in Section 4.2 of this Article and pursuant to Education Code Section 45061. 4.4.3 Prior to the beginning of such automatic payroll deduction, the Association will certify to the District in writing that: 4.4.3.1 the employee whose pay is to be affected by the deduction has: 4.4.3.1.1 refused to join the Association; 4.4.3.1.2 refused to tender the amount of the service fee as defined herein; and 4.4.3.1.3 not applied for an exemption under Section 4.7 herein; and 4.4.3.2 the Association is complying with current Public Employment Relations Board Requirements and applicable law. 4.4.4 The written certification in Section 4.3 above shall be required prior to the collection of any service fee by the District. 4.4.5 The District and Association agree to furnish any information needed by the other to fulfill the provisions of this Article.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Agency Fee (Fair Share. 4.4.1 16 The Agency Fee provision set forth in this section shall become effective imme- 17 diately upon ratification by an affirmative vote of at least fifty percent (50%) plus 18 one (1), a simple majority, of unit members who vote in an election conducted on 19 site by the State Mediation and Conciliation Service on a date agreeable to the 20 Association. 21 (a) A Teacher bargaining unit member who does not fall within the exempted category as 22 set forth in Section 4.7 8.7 below, and who has not voluntarily made application 23 for membership in the Association within thirty (30) days following the date 24 upon which said employee has been formally hired by the District as a Teacher26 District as a bargaining unit member, must pay to the Association a representation 27 fee in the amount authorized allowed by Government Code Section 3546 and applicable law 3546, payable to 28 the Association in one lump sum cash payment in the same manner as 1 required for payment of membership dues, provided, however, that the Teacher unit 2 member may authorize payroll deduction for such fee in the same manner as 3 required for the payment of membership dues. There shall be no charge to 4 the Association for such mandatory agency fee deductions. Representation 5 fees shall be for representation services necessarily performed by the 6 Association in conformance with applicable law and its legally imposed duty of fair 7 representation on behalf of said Teacher unit member who is not a member of the 8 Association. 4.4.2 9 (b) In the event that a Teacher unit member does not become a member of the 10 Association or pay such fee directly to the Association, the District shall 11 begin automatic payroll deduction in the same manner as set forth in Section 4.2 12 2 of this Article and pursuant to Education Code Section 45061. 4.4.3 . 13 (c) Prior to the beginning of such automatic payroll deduction, the Association 14 will certify to the District in writing that: 4.4.3.1 the 15 (1) The employee whose pay is to be affected by the deduction has: 4.4.3.1.1 16 a. refused to join the Association; 4.4.3.1.2 17 b. refused to tender the amount of the service fee as defined 18 herein; and, 4.4.3.1.3 19 c. not applied for an exemption under Section 4.7 8.7 herein; and, 4.4.3.2 the 20 (2) The Association is complying with current Public Employment Relations Board Requirements and applicable law. 4.4.4 The written certification in Section 4.3 above shall be required prior to the collection of any service fee by the District. 4.4.5 The District and Association agree to furnish any information needed by the other to fulfill the provisions of this Article.Employment

Appears in 1 contract

Samples: Collective Bargaining Agreement

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