Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues. 2.3.2 For a unit member who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees. 2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association. 2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion. 2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction. 2.3.6 Payment of dues or agency fees shall not be a condition of employment. 2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that 2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and 2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds. 2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity. 2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1). 2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or more after such submission.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction11.3.1. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a Any unit member who is not a member of the Association Association, or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file make application for membership within 30 thirty (30) days of the first effective date classes are in session in the new fiscal yearof this Agreement, or within 30 thirty (30) days from the date of employmentcommencement of assigned duties within the bargaining unit, if employed after the beginning shall become a member of the school yearAssociation or pay to the Association a fee in an amount equal to membership dues and general assessments, payable to the Association in one lump-sum cash payment in the same manner as required for the payment of membership dues. The District shall grant In the request, but shall notify the employee event that he/she is still obligated to a unit member does not pay the fees such fee directly to the Association, that the Association will be notified of shall so inform the grant of the requestDistrict, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration immediately begin automatic payroll deduction as provided in Section 2.3.1 on file, Education Code section 45061 and in the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten monthssame manner as set forth in this Article. Deductions for unit members employed after the commencement of the school year There shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting no charge to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll mandatory agency fee deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 11.3.2. Any unit member who belongs to is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizationsorganizations shall not be required to join or financially support the Association as a condition of employment; except that such unit member shall pay, or who has formed such in lieu of a religious conviction based upon his/her own study or religious practiceservice fee, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount sums equal to the agency such service fee to one or more of the following nonreligiousnon-religious, non-labor organization, charitable organizations funds exempt from taxation under Section section 501 (c) (3c)(3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, Foundation to Assist California Teachers American Cancer Society Red Cross American Heart AssociationAssociation To receive a religious exemption, American Cancer Societythe unit member must submit a detailed written statement establishing the basis for the religious exemption. The Association executive board shall communicate in writing to the unit member its acceptance or rejection of the exemption. If accepted, the unit member shall make the payment to an appropriate charity as described above. Such payment shall be made on or similar charity subject before the due date for cash dues/fees for each school year.
11.3.3. Proof of payment shall be made on an annual basis to mutual agreement between the Association and District as a condition of continued exemption from the Districtpayment of agency fee. Contribution Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment in lieu of the service fee has been made. No in-kind services may also be made to any Sequoia Union High School received for payments, nor may the payment be in a form other than money such as the donation of used items. Such proof shall be presented on or before the due date for cash dues/fees for each school year.
11.3.4. Any unit member making payments as set forth in sections above, and who requests that the grievance or arbitration provisions of this Agreement be used in her or his behalf, shall be responsible for paying the reasonable cost (both District tax deductible school site student scholarship fund; andand Association) of using said grievance or arbitration procedures.
2.3.7.2 the declaration is sufficient as to form and content11.3.5. The Association and District agree to furnish to each other any information needed to fulfill the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1)article.
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or more after such submission.
Appears in 2 contracts
Samples: Employer Employee Relations Agreement, Employer Employee Relations Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing Beginning thirty (30) days after the effective date of this Agreement, all eligible non- member staff in the unit will be required to pay to the Union a representation fee in lieu of dues for services rendered by the Union. Nothing herein shall be deemed to require any staff members to become a member of the Union. Prior to the effective date of this Agreement, the Union shall notify the University, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee structure during the contract year shall be in accordance with the procedure set out in Section 3.04 below. In no event shall the representation fee exceed eighty-five percent (85%) of the payments of regular members. For the purpose of calculating representation dues deductions, reimbursement for tuition shall not be included as part of gross salary of staff. After verification by the University that a staff member must pay the representation fee, the University will deduct the fee for all eligible staff members in accordance with this Section. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular membership dues to the Union. The University shall deduct the representation fee as soon as possible after the tenth day following reentry into the unit for staff members who previously served in a position identified as excluded, for individuals recalled from layoff, for staff members returning from leave without pay and for previous staff members who become eligible for the representation fee because of non-member status. The University shall deduct the representation fee from a new staff member in the pay period following the thirty (30) days after the staff member’s date of hire. The representation fee in lieu of dues shall only be available to the Union if the procedures set out hereafter are maintained by the Union. The burden of proof under this system is solely on the Union. The Union shall return any part of the representation fee paid by the staff member, which represents the staff member’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to member of the majority representative. The staff member shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the University’s Office of Labor Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union’s decision, he/she may appeal to the three-member board established by the Governor. The Union hereby agrees that it will indemnify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit that arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee. It is understood that the implementation of the agency fee program is predicated on the demonstration by the Union that more than fifty percent (50%) of the eligible staff members in the bargaining unit are dues paying members of the Union. If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after such submissionwhich it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1st , April 1st , July or October1st, the agency fee plan shall be reinstated with proper notice from the Union to affected staff members. In each year of the Agreement on July 1st, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above. Provisions in this clause are further conditioned upon other requirements set by statute.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing Beginning thirty (30) days after the effective date of this Agreement, all eligible non- member. staff in the unit will be required to pay to the Union a representation fee in lieu of dues for services rendered by the Union. Nothing herein shall be deemed to require any staff members to become a member of the Union. Prior to the effective date of this Agreement, the Union shall notify the University, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee structure during the contract year shall be in accordance with the procedure set out in Section 3.04 below. In no event shall the representation fee exceed eighty-five percent (85%) of the payments of regular members. For the purpose of calculating representation dues deductions, reimbursement for tuition shall not be included as pm1 of gross salary of staff. After verification by the University that a staff member must pay the representation fee, the University will deduct the fee for all eligible staff members in accordance with this Section. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will be che same as those used for the deduction and transmission of regular membership dues to the Union. The University shall deduct the representation fee as soon as possible after the tenth day . following reentry into the unit for staff members who previously served in a position identified as excluded, for individuals recalled from layoff, for staff members returning from leave without pay and for previous staff members who become eligible for the representation fee because of non• member status. The University shall deduct the representation fee from a new staff member in the pay period following the thi11y (30) days after the staff member's date of hire. The representation fee in lieu of dues shall only be available to the Union if the procedures set out hereafter are maintained by the Union. The burden of proof under this system is solely on the Union. The Union shall return any part of the representation fee paid by the staff member, which represents the staff member's additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a pm1isan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to member of the majority representative. The staff member shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be.accorded in conf01mance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the University's Office of Labor Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union's decision, he/she may appeal to the three-member board established by the Governor. The Union hereby agrees that it will inde1m1ify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit that arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee. It is understood that the implementation of the agency fee program is predicated on the demonstration by the Union that more than fifty percent (50%) of the eligible staff members in the bargaining unit are dues paying members of the Union. If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after such submissionwhich it shall be discontinued unless the minimum has been achieved prior to that occunence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1st , April l 51 , July or Octoberlst, the agency fee plan shall be reinstated with proper notice from the Union to affected staff members. In each year of the Agreement on July 1si, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above. Provisions in this clause are further conditioned upon other requirements set by statute.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit A. All full-time teachers on continuing contract employed by the Windsor Locks Board of Education shall, as a condition of continued employment, join the Association or pay a service fee to the Association. Said service fee shall be equal to the proportion of Association dues uniformly required of members to underwrite the costs of collective bargaining, contract administration and grievance adjustment. Membership dues or service fees paid by part-time teachers employed on continuous contract shall be prorated.
B. All teachers who are members elect to join the Association shall sign and deliver to the Association, if they have not done so already, an authorization for payroll deduction of membership dues of the Association. Said authorizations shall continue in effect from year to year, unless such teacher notifies the Board of Education and the Association and who do not wish their in writing in the month of June of any year, that he/she no longer authorizes deduction of membership dues paid of the Association. If said notice is timely delivered, it shall mean that in the coming school year said teacher shall pay the service fee as described in Section A via payroll deduction.
C. On September 15, the Association shall deliver to the Board a list of those teachers from whom authorization cards have been received and from whom membership dues shall be deducted. On September 15, the Association shall also deliver to the Board a list of those teachers from whom authorization has not been received and from whom service fees shall be deducted.
D. The Board of Education agrees to deduct twice monthly from each teacher an amount equal to the Association membership dues or the service fee by payroll deduction may file with the superintendent or designee a written declaration requesting no means of payroll deduction. This declaration must The amount of deduction for membership dues from each paycheck shall be on file within 30 days equal to the total membership dues divided by the number of paychecks from and including the first date classes are paycheck of October through and including the last paycheck in session June. The amount of deduction for service fee from each paycheck shall be equal to the total service fee divided by the number of paychecks from and including the second paycheck of January through and including the last paycheck in each fiscal year, or within 30 days June. The amount of employment, if employed after Association membership dues shall be certified by the beginning Association to the Board of Education prior to the opening of the school year. The District will grant amount of the request, but will notify service fee shall be certified by the unit members that they are still obligated to pay the dues directly Association to the Association, that Board of Education prior to January 1 of each year.
E. Those teachers commencing employment after the Association will be notified start of the grant school year shall, within thirty (30) days of the requestsuch commencement, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days Board of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration Education an authorization card as provided described in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall B or be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant subject to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed C after such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days days. The amount of membership dues or more after such submissionservice fee under this section shall be a prorated amount, equal to the percentage of the remaining school year.
F. The Board of Education agrees to forward to the Association Treasurer, each month, a check for the amount of money deducted during that month.
G. No later than the first paycheck of October of each school year, the Board of Education shall provide the Association with a list of all employees in the Teacher Bargaining Unit.
H. The singular reference to the Association herein shall mean or be interpreted as referring to the Windsor Locks Teachers Association, the Connecticut Education Association and the National Education Association.
I. The Association agrees to indemnify and hold the Board of Education harmless against any or all claims, demands, suits or other forms of liability that shall or may arise out of, or by reason of, action taken by the Board of Education for the purpose of complying with the provisions of this Article, including attorney fees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members A. As a condition of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are her/his continued employment while this Agreement shall continue in session in each fiscal yeareffect, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not every teacher a member of the Association on the effective date of this Agreement and every teacher initially hired after the effective date of this Agreement, if and when not a member in good standing of the Association, shall pay, or who does not wish to become a member, agency fee payments will be made by payroll deduction shall have paid, to the Association an agency service fee; provided, however, that in accordance no case shall such condition arise before the thirtieth day next following the date of the beginning of the teacher’s employment or the effective date of this Agreement, whichever date shall be the later. The amount of such agency fee shall be limited to that portion of the annual dues (national, state and local) which is shown by the Association to be commensurate with the cost of collective bargaining, contract maintenance and related activities, and shall be consistent with Section 12 of Chapter 150E of the General Laws and the regulations established by the Labor Relations Commission with respect to agency service fee. Members of the bargaining unit who are not members of the Association on the effective date of this Agreement are exempt from the provisions of this Article.
B. No employee shall be dismissed for failure to pay the agency service fee. However, when an employee fails to pay the agency service fee (in lieu of joining the Association by January 1 following her/his date of obligation under this Article and who is not in compliance with the rules of the Public Employment Labor Relations Board Commission relative to effectuate contesting the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days validity or amount of the first date classes are in session in agency service fee) the new fiscal yearCommittee shall, or within 30 days at the written request of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, suspend such employee for five (5) workdays without pay. If the fee is paid within said five (5) workdays, the employee shall return to work with pay the next day.
C. The Association agrees to indemnify and save harmless the Committee for any legal fees or damages resulting from any action that the Association will be notified Committee takes at the request of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 abovethe terms of this Article, including any claims made against the Committee for said actions(s) by any employee. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting In the event an employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between takes action against the Association but not against the Committee and if the District. Contribution may also be made Committee determines to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 monitor such litigation, the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form expense will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established borne by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it findsCommittee.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or more after such submission.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are All eligible nonmember staff in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated will be required to pay the dues directly to the Association, that Union a representation fee in lieu of dues for services rendered by the Association will Union. Nothing herein shall be notified of the grant of the request, and that the Association may bring legal action deemed to enforce the membership dues payment. The District will notify the Association of all requests require any staff member to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not become a member of the Association or who does Union. For the purpose of calculating representation fee deductions, reimbursement for tuition and continuing education shall not wish be included as part of the gross salary of staff members. Prior to become a memberthe effective date of this Agreement and prior to each succeeding contract year, agency the Union will notify the University, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee payments will structure during the contract year shall be made by payroll deduction in accordance with the rules procedure set out in Section 2.03 above. In no event shall the representation fee exceed eighty-five (85%) percent of the Public Employment Relations Board to effectuate the policies announced payments of regular members. After verification by the Supreme Court University that a staff member must pay the representation fee, the University will deduct the fee for all eligible staff in Chicago Teacheraccordance with this Section. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular membership dues to the Union. The University shall deduct the representation fee as soon as possible after the tenth day following reentry into the unit for staff members who previously served in a position identified as excluded, for individuals recalled from layoff, for staff members returning from leave without pay, and for previous staff members who become eligible for the representation fee because of nonmember status. The University shall deduct the representation fee from a new staff member in the pay period following the ninety (90) days after the staff member’s date of hire. The representation fee in lieu of dues shall only be available to the Union if the procedures set out hereafter are maintained by the Union, Local No. 1 vs. Xxxxxx, as amended from time to timeThe burden of proof under this system is solely on the Union. However, unit members not wishing such The Union shall return any part of the representation fee to be paid by payroll deduction may sign and deliver the staff member which represents the staff member’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days terms and conditions of employment, if employed after or applied toward the beginning cost of any other benefits available only to members of the school yearmajority representative. The District staff member shall grant be entitled to a review of the requestamount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the University's Labor/Employee Relations section of the Office of Human Resources. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union's decision, but shall notify the employee that he/she is still obligated to pay the fees directly may appeal to the Associationthree (3) member board established by the Governor. The Union hereby agrees that it will indemnify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit which arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee. It is understood that the Association will be notified implementation of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there program is a declaration as provided in Section 2.3.1 predicated on file, the District shall deduct one-tenth of such agency fee from demonstration by the regular salary check Union that more than fifty (50%) percent of the employee each month for ten months. Deductions for eligible staff members in the bargaining unit are dues paying members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v BoeingUnion. If either at the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term signing of this Agreement the District above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after which it shall provide maintenance be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1, April 1, July 1 or October 1, the agency fee plan shall be reinstated, with proper notice from the Union to affected staff members. In each year of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District the Agreement on July 1, an assessment shall not be obligated made to put into effect any newdetermine if the minimum percentage has been exceeded. If it has, changed, or discontinued deduction the agency fee shall continue until the pay period commencing thirty (30) days or more after such submissionfollowing annual assessment. If it has not, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above. Provisions in this clause are further conditioned upon other requirements set by statute. The University will make every effort to immediately cease deduction of HPAE Agency Fee when a staff member transfers out of the bargaining unit.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.(Fair Share)
2.3.2 For a 1.1 Any unit member who is not a member of the Association TAL, CTA/NEA, or who does not wish to become a memberhas applied for membership, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such an assignment authorizing deduction not be made. This declaration must be on file within 30 days of the first date classes are in session unified membership dues, initiation fees and general assessments in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school yearAssociation. The District shall grant the request, but shall notify the employee that he/she is still obligated Pursuant to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on fileauthorization, the District shall deduct one-tenth (1/10) of such agency fee dues from the regular salary check of the employee unit member each month for ten (10) months. Deductions for unit members employed who sign such authorization after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing prorated to complete payments by the employee end of the school year. Any unit member who is a member of the Association or becomes a member shall maintain such membership for the duration of this Agreement.
1.2 Unit members shall commit to membership, charitable fee status, or agency fee status by September 30. Any unit member who is not a member of the TAL, CTA/NEA, or who does not make application for membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees and general assessments, payable in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in Section 2.3.1 above1.1 of this Article. The District will forward In the event that a copy of unit member shall not pay such revocation fee directly to the Association.
2.3.4 The , or authorize payment through payroll deduction as provided in Section 1.1, the Association shall so inform the District, and the District shall remit immediately begin automatic payroll deduction as provided in Education Code section 45061 and in the agency fees together with an accounting same manner as set forth in Section 1.1 of this Article. There shall be no charge to the Association monthly and in a timely fashionfor such mandatory agency fee deductions.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 1.3 Any unit member who belongs to is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizationsorganizations shall not be required to join or financially support TAL, or who has formed CTA/NEA as a condition of employment except that such unit member shall pay, in lieu of a religious conviction based upon his/her own study or religious practiceservice fee, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount sums equal to the agency such service fee to one or more of the following nonreligiousnon-religious, non-labor organizations, charitable organizations funds exempt from taxation under Section 501 (c) (3section 501(c)(3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, :
a. Foundation to Assist California Teachers b. United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or more after such submission.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing Beginning thirty (30) days after the effective date of this Agreement, all eligible non-member staff in the unit will be required to pay to the Union a representation fee in lieu of dues for services rendered by the Union. Nothing herein shall be deemed to require any staff members to become a member of the Union. Prior to the effective date of this Agreement, the Union shall notify the University, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee structure during the contract year shall be in accordance with the procedure set out in Section 3.04 below. In no event shall the representation fee exceed eighty-five percent (85%) of the payments of regular members. For the purpose of calculating representation dues deductions, reimbursement for tuition shall not be included as part of gross salary of staff. After verification by the University that a staff member must pay the representation fee, the University will deduct the fee for all eligible staff members in accordance with this Section. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular membership dues to the Union. The University shall deduct the representation fee as soon as possible after the tenth day following reentry into the unit for staff members who previously served in a position identified as excluded, for individuals recalled from layoff, for staff members returning from leave without pay and for previous staff members who become eligible for the representation fee because of non-member status. The University shall deduct the representation fee from a new staff member in the pay period following the thirty (30) days after the staff member’s date of hire. The representation fee in lieu of dues shall only be available to the Union if the procedures set out hereafter are maintained by the Union. The burden of proof under this system is solely on the Union. The Union shall return any part of the representation fee paid by the staff member, which represents the staff member’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to member of the majority representative. The staff member shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the University’s Office of Labor Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union’s decision, he/she may appeal to the three-member board established by the Governor. The Union hereby agrees that it will indemnify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit that arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee. It is understood that the implementation of the agency fee program is predicated on the demonstration by the Union that more than fifty percent (50%) of the eligible staff members in the bargaining unit are dues paying members of the Union. If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after such submissionwhich it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1st , April 1st , July or October1st, the agency fee plan shall be reinstated with proper notice from the Union to affected staff members. In each year of the Agreement on July 1st, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above. Provisions in this clause are further conditioned upon other requirements set by statute.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association Commencing on September 1, 1993, every employee covered by this Agreement if and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is when not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction Member in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president good standing of the Association, shall be exempt from payment of agency feespay or, provided that
2.3.7.1 the member provides proof of payment of an amount equal by payroll deduction, shall have paid to the Association an agency service fee of One Hundred Percent (100%) of the affiliated dues; provided, however, that in no case shall such condition arise before the thirtieth (30th) day next following the date of the beginning of the employee's employment on the effective date of this Agreement, whichever date shall be later. An employee paying the agency service fee to the Association as provided herein may obtain from the Association a rebate of a pro rata share of certain expenditures of the Association, said expenditures as defined in G.L. c.150E, Section 12. Commencing on September 1, 1993, said agency fee requirement will apply to one employees hired prior to that date except that any such employees who have been continuously employed thereafter shall not be subjected to dismissal by reason of their failure to pay said fee or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form cause it to be used for this purpose paid as soon as practicable. Such form stated above, but alternatively will be attached exposed to this Agreement as Exhibit 1civil liability or payment. Sufficiency Collection of the declaration such delinquent agency service fees shall be determined as established by solely the Ninth Circuit Court responsibility of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two membersCommittee shall not be required to take any action in regard to the continued employment of said delinquent employees. For employees hired on or after September 1, 1993 payment of agency service fee shall constitute a condition of continued employment. The panelists Association shall indemnify the Committee against any damages or legal fees expended in compliance with this Section and shall comply with any rebate procedure or any process as may be required by State, Federal or Constitutional law. The failure of the Committee to perform any responsibility under this section, including but not inquire into limited to the faith failure of the Committee to notify any teacher on or belief or practice before the teacher's initial employment date after August 31, 1993 of such member. Its sole purpose shall be teacher's obligation to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to join the Association or to pay an agency service fee, shall excuse the designated charity.
2.3.8 At Association from its indemnification obligation hereunder in any time agency fee provisions are in effect, maintenance legal proceeding brought by or on behalf of membership obligation in Section 2.2 above such individual teacher. Newly hired teachers shall be inoperativerequired to sign a form acknowledging receipt of such notice from the school department. At all other times during A copy of such form shall be supplied to the term of this Agreement Association by the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1)department.
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or more after such submission.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member Any present employee who is not a member of the Association or who does not wish Union shall, as a condition of employment, be required to become a member, pay an agency fee payments will for the cost of the collective bargaining process, contract administration in pursuing matters afecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement and who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be made required to pay an agency fee as defined above. The Employer shall, with respect to any employee on whose behalf the Employer has not received a written authorization as provided for above, deduct from the wages of the employee, the agency fee obligation, and shall forward said amount to the Union, subject only to the following:
(A) The Union has certified to the Employer that the affected employee has been delinquent in his/her obligation for at least thirty (30) days.
(B) The Union has certified to the Employer that the affected employee has been notified in writing of the obligation and the requirement for each provision of this Article and that the employee has been advised by payroll deduction the Union of his/her obligations pursuant to this Article and of the manner in accordance which the Union has calculated the agency fee.
(C) The Union has certified to the Employer that the affected employee has been given a reasonable opportunity to prepare and submit any objections to the payment and has been afforded an opportunity to have said objections adjudicated before an impartial arbitrator assigned by the employee and the Union for the purpose of determining and resolving any objections the employee may have to the agency fee.
(D) The Union agrees to assume complete responsibility for insuring full compliance with the rules of the Public Employment Relations Board to effectuate the policies announced requirements laid down by the United States Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Teachers Union x. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver 475 U.S. 292 (1986) with respect to the District a written declaration requesting that such deduction not be madeconstitutional rights of agency fee payers. This declaration must be on file within 30 days Accordingly, the Union agrees to do the following:
(1) Give timely notice to agency fee payers of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning amount of the school year. The District shall grant fee and an explanation of the requestbasis for the fee, but shall notify including the employee that he/she is still obligated to pay the fees directly major categories of expenses, as well as verification of same by an indepdent auditor.
(2) Advise agency fee payers of an expeditious and impartial decision-making process whereby agency fee payers object to the Association, that the Association will be notified amount of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such feesfee.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) Place the amount reasonably in dispute into an escrow account pending resolution of Title 26 any objections raised by agency fee payers to the amount of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it findsagency fee.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or more after such submission.
Appears in 1 contract
Samples: Labor Contract
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing Beginning thirty (30) days after the effective date of this Agreement, all eligible non• member staff in the unit will be required to pay to the Union a representation fee in lieu of dues for services rendered by the Union. Nothing herein shall be deemed to require any staff members to become a member of the Union. Prior to the effective date of this Agreement, the Union shall notify the Hospital, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee structure during the contract year shall be in accordance with the procedure set out in Section 3.04 below. In no event shall the representation fee exceed eighty-five percent (85%) of the payments of regular members. For the purpose of calculating representation dues deductions, reimbursement for tuition shall not be included as part of gross salary of staff. After verification by the Hospital that a staff member must pay the representation fee, the Hospital will deduct the fee for all eligible staff members in accordance with this Section. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular membership dues to the Union. University Hospital shall deduct the representation fee as soon as possible after the tenth day following reentry into the unit for staff members who previously served in a position identified as excluded, for individuals recalled from layoff, for staff members returning from leave without pay and for previous staff members who become eligible for the representation fee because of non-member status. University Hospital shall deduct the representation fee from a new staff member in the pay period following the thirty (30) days after the staff member's date of hire. The representation fee in lieu of dues shall only be available to the Union if the procedures set out hereafter are maintained by the Union. The burden of proof under this system is solely on the Union. The Union shall return any part of the representation fee paid by the staff member, which represents the staff member's additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to member of the majority representative. The staff member shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the Hospital's Office of Labor Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union's decision, he/she may appeal to the three-member board established by the Governor. The Union hereby agrees that it will indemnify and hold the Hospital harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit that arises from deductions made by the Hospital in accordance with this provision. University Hospital shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the Hospital as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee. It is understood that the implementation of the agency fee program is predicated on the demonstration by the Union that more than fifty percent (50%) of the eligible staff members in the bargaining unit are dues paying members of the Union. If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after such submissionwhich it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1st , April 1st , July or October1st, the agency fee plan shall be reinstated with proper notice from the Union to affected staff members. In each year of the Agreement on July 1st, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above. Provisions in this clause are further conditioned upon other requirements set by statute.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members A. Pursuant to the passage of legislation requiring the Association and who do not wish their membership dues paid by payroll deduction may file with implementation of an Agency Shop Fee, the superintendent or designee a written declaration requesting District does hereby agree that no payroll deduction. This declaration must be on file within 30 days of later than the first second pay period after the effective date classes are in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated to pay the dues directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member each employee who is not a member of the Association or who does not wish to become a member, agency fee payments will be made by payroll deduction in accordance with the rules of the Public Employment Relations Board to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Union, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver pay to the District collective bargaining agent each pay period a written declaration requesting service charge toward the administration of this Agreement and the representation of such employee, provided, however, that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session each employee will have available to him/her membership in the new fiscal year, or within 30 days of employment, if employed after Association on the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated same terms and conditions as are available to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit every other member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, . The service charge shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the collective bargaining agent’s regular and usual initiation fee, if any, and bi-weekly dues for each pay period thereafter in an amount equal to the regular and usual bi-weekly dues. The District shall deduct such fee in the same manner as the membership dues are deducted. The amount collected through the agency fee shall be used to one or more represent the individual as a member of the following nonreligious, charitable organizations exempt bargaining unit and shall not be used toward expenditures by the organization in and for activities or causes of political or ideological nature only incidentally related to terms and conditions of employment.
B. Any employee from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject whom an agency fee has been deducted pursuant to mutual agreement between the this provision who has any objection thereto shall be limited to processing his/her objection in accordance with organizational appeal procedures contained in a separate Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and contentdocument governing such appeals. The Association and the District shall agree upon a form has submitted to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected pursuant to law, a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the agency fee deduction, if any, which represents the employee’s pro-rata share of expenditures by the Association, and one member selected by the other two membersAssociation in aid of activities or causes only incidentally related to negotiation of terms and/or conditions of employment. The panelists shall not inquire into Association represents that the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District aforementioned procedure shall not be obligated changed contrary to put into effect law.
C. The Association will supply, upon the request of the District, the names of those Association members who are to have the agency fee deducted from their salary.
D. The Association shall indemnify the District for any new, changed, recovery or discontinued deduction until refund obtained by such nonmember of the pay period commencing thirty (30) days or more after such submissionAssociation against the District pursuant to this section.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members Except for those employees who are certified as members of the Association and who do not wish their membership dues paid to the School Committee by payroll deduction may file the Association, the School Committee, in accordance with Massachusetts General laws Chapter 150E, Section 12, shall require as a condition of employment the superintendent payment of, on or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of after the first date classes are in session in each fiscal year, or within 30 days of employment, if employed after thirtieth (30th) day following the beginning of such employment or the school yeareffective date of this provision, whichever is later, an agency service fee to the Springfield Education Association/MTA/NEA. The District will grant amount of the request, but will notify the unit members that they are still obligated to pay the dues directly agency service fee shall be equal to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce the membership dues payment. The District will notify the Association of all requests to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not a member of the Association or who does not wish amount required to become a member, agency fee payments will be made by payroll deduction member and remain a member in accordance with the rules good standing of the Public Employment Relations Board Springfield Education Association/MTA/NEA. Employees may have access to effectuate the policies announced by the Supreme Court in Chicago Teacher’s Unionpayroll deductions, Local No. 1 vs. Xxxxxx, as amended from time to time. However, unit members not wishing such fee to be paid by payroll deduction may sign and deliver to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days Article 24-B for purposes of the first date classes are in session in the new fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District shall grant the request, but shall notify the employee that he/she is still obligated to pay the fees directly to the Association, that the Association will be notified of the grant of the request, and that the Association may bring legal action to enforce paying the agency fee contract provisionsservice fee. The District shall have no further obligation to collect such fees.
2.3.3 Unless there is a declaration as provided in Section 2.3.1 on file, Upon the District shall deduct one-tenth of such agency fee from the regular salary check of the employee each month for ten months. Deductions for unit members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, the Superintendent shall be exempt from payment suspend for five school days without gross pay (5/188 of annual salary) any member of the bargaining unit who, after proper Annual Notice and Annual Final Demand, has refused to pay the agency feesservice fee. Within fifteen school days of receipt of such request, provided that
2.3.7.1 the member provides accompanied by proof of payment of an amount equal to Annual Notice and Annual Final Demand, the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between Superintendent shall notify the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v Boeing. If either the District or the Association challenges its sufficiencyindividual bargaining unit members whose names appear on such request when, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the Districtspecifically, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term of this Agreement the District shall provide maintenance of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) school days following receipt of such request that the five school day suspension without gross pay (5/188 of annual salary) shall occur. The five school days' gross salary shall first be used to pay the cost of a substitute, if one is provided in accordance with Article 5 F, and the remainder shall be given over to the "Sports' Restoration Fund." The Association will indemnify, defend, and hold the School Committee harmless against any and all claims made, and against any suit instituted against the School Committee on account of this agency service fee provision. Failure of the School Committee or more after such submissionits agents to cooperate with the Association shall relieve the Association of any obligation to indemnify and/or hold the School Committee harmless. The terms of this provision are enforceable on an annual basis.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Fee. 2.3.1 Unit members who are members of the Association and who do not wish their membership dues paid by payroll deduction may file with the superintendent or designee a written declaration requesting no payroll deduction. This declaration must be on file within 30 days of the first date classes are All eligible nonmember staff in session in each fiscal year, or within 30 days of employment, if employed after the beginning of the school year. The District will grant the request, but will notify the unit members that they are still obligated will be required to pay the dues directly to the Association, that Union a representation fee in lieu of dues for services rendered by the Association will Union. Nothing herein shall be notified of the grant of the request, and that the Association may bring legal action deemed to enforce the membership dues payment. The District will notify the Association of all requests require any staff member to stop payroll deductions for membership dues and the District will have no further obligation to collect such membership dues.
2.3.2 For a unit member who is not become a member of the Association or who does Union. For the purpose of calculating representation fee deductions, reimbursement for tuition and continuing education shall not wish be included as part of the gross salary of staff members. Prior to become a memberthe effective date of this Agreement and prior to each succeeding contract year, agency the Union will notify the University, in writing, of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year. Any changes in the representation fee payments will structure during the contract year shall be made by payroll deduction in accordance with the rules procedure set out in Section 2.03 above. In no event shall the representation fee exceed eighty-five (85%) percent of the Public Employment Relations Board to effectuate the policies announced payments of regular members. After verification by the Supreme Court University that a staff member must pay the representation fee, the University will deduct the fee for all eligible staff in Chicago Teacheraccordance with this Section. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will be the same as those used for the deduction and transmission of regular membership dues to the Union. The University shall deduct the representation fee as soon as possible after the tenth day following reentry into the unit for staff members who previously served in a position identified as excluded, for individuals recalled from layoff, for staff members returning from leave without pay, and for previous staff members who become eligible for the representation fee because of nonmember status. The University shall deduct the representation fee from a new staff member in the pay period following the ninety (90) days after the staff member’s date of hire. The representation fee in lieu of dues shall only be available to the Union if the procedures set out hereafter are maintained by the Union, Local No. 1 vs. Xxxxxx, as amended from time to timeThe burden of proof under this system is solely on the Union. However, unit members not wishing such The Union shall return any part of the representation fee to be paid by payroll deduction may sign and deliver the staff member which represents the staff member’s additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the District a written declaration requesting that such deduction not be made. This declaration must be on file within 30 days of the first date classes are in session in the new fiscal year, or within 30 days terms and conditions of employment, if employed after or applied toward the beginning cost of any other benefits available only to members of the school yearmajority representative. The District staff member shall grant be entitled to a review of the requestamount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in conformance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the University's Labor/Employee Relations section of the Office of Human Resources. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system. If the staff member is dissatisfied with the Union's decision, but shall notify the employee that he/she is still obligated to pay the fees directly may appeal to the Associationthree (3) member board established by the Governor. The Union hereby agrees that it will indemnify and hold the University harmless from any claims, actions or proceedings brought by any staff member in the bargaining unit which arises from deductions made by the University in accordance with this provision. The University shall not be liable to the Union for any retroactive or past due representation fee for a staff member who was identified by the University as excluded or confidential or in good faith was mistakenly or inadvertently omitted from the deduction of the representation fee. It is understood that the Association will be notified implementation of the grant of the request, and that the Association may bring legal action to enforce the agency fee contract provisions. The District shall have no further obligation to collect such fees.
2.3.3 Unless there program is a declaration as provided in Section 2.3.1 predicated on file, the District shall deduct one-tenth of such agency fee from demonstration by the regular salary check Union that more than fifty (50%) percent of the employee each month for ten months. Deductions for eligible staff members in the bargaining unit are dues paying members employed after the commencement of the school year shall be appropriately prorated. Such deduction shall continue in effect until revoked in writing by the employee as provided in Section 2.3.1 above. The District will forward a copy of such revocation to the Association.
2.3.4 The District shall remit the agency fees together with an accounting to the Association monthly and in a timely fashion.
2.3.5 The Association assumes responsibility for collection of dues and fees from those unit members who have filed a written request not to have such dues or fees deducted, provided the District has given notice to the Association pursuant to Section 2.3.1 and 2.3.2 above. The District has no obligation for collection of any dues or fees which unit members have requested to be exempt from payroll deduction.
2.3.6 Payment of dues or agency fees shall not be a condition of employment.
2.3.7 Any unit member who belongs to a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations, or who has formed such a religious conviction based upon his/her own study or religious practice, may execute a declaration attesting to the fact thereof and upon filing it with the superintendent or designee, together with a copy to the president of the Association, shall be exempt from payment of agency fees, provided that
2.3.7.1 the member provides proof of payment of an amount equal to the agency fee to one or more of the following nonreligious, charitable organizations exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: Girl Scouts of America, United Way, American Heart Association, American Cancer Society, or similar charity subject to mutual agreement between the Association and the District. Contribution may also be made to any Sequoia Union High School District tax deductible school site student scholarship fund; and
2.3.7.2 the declaration is sufficient as to form and content. The Association and the District shall agree upon a form to be used for this purpose as soon as practicable. Such form will be attached to this Agreement as Exhibit 1. Sufficiency of the declaration shall be determined as established by the Ninth Circuit Court of Appeal in IAM v BoeingUnion. If either at the District or the Association challenges its sufficiency, the question shall be resolved by a panel of three persons. This panel will be composed of one member to be selected by the District, one member selected by the Association, and one member selected by the other two members. The panelists shall not inquire into the faith or belief or practice of such member. Its sole purpose shall be to determine the sufficiency of the statement thereof. Its decision shall be final. However, it may, in its discretion, permit one amended declaration to allow the claimant to cure any defects it finds.
2.3.7.3 Upon filing such a declaration, the unit member’s payments, if they are being withheld, shall be placed in a trust account and there held until the panel’s decision. Following the decision, they will be disbursed either to the Association or to the designated charity.
2.3.8 At any time agency fee provisions are in effect, maintenance of membership obligation in Section 2.2 above shall be inoperative. At all other times during the term signing of this Agreement the District above percentage has not been achieved, the agency fee plan will be continued through pay period twenty-six (26) of the calendar year, after which it shall provide maintenance be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1, April 1, July 1 or October 1, the agency fee plan shall be reinstated, with proper notice from the Union to affected staff members. In each year of membership as defined in Government Code Section 3540.1(i)(1).
2.3.9 The District the Agreement on July 1, an assessment shall not be obligated made to put into effect any newdetermine if the minimum percentage has been exceeded. If it has, changed, or discontinued deduction the agency fee shall continue until the pay period commencing thirty (30) days or more after such submissionfollowing annual assessment. If it has not, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above. Provisions in this clause are further conditioned upon other requirements set by statute. The University will make every effort to immediately cease deduction of HPAE dues when a staff member transfers out of the bargaining unit.
Appears in 1 contract
Samples: Collective Bargaining Agreement
