Common use of Agency Service Fee Clause in Contracts

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR)Commission. Such fee so required to be paid shall be payable on or after by the thirtieth (30th) day next following the beginning of employment of such member end of the bargaining first session in the dues year in which the unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever member is employed and shall be laterdeducted in the mid-semester check, if any; otherwise, it shall be deducted in the check issued at the end of the session. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, notwithstanding every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall not be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of offered reappointment effective the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer Board for any expenses incurred as a result of being ordered to reinstate an employee terminated who is not reappointed at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer Board shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer Board harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s the agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after Effective the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever is later, each member of the bargaining unit, who is not a member of the Union in good standing, shall be later. Such required as a condition of employment to pay a monthly agency service fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions during the life of this Agreement to the contrary notwithstandingUnion in an amount equal to the cost of contract administration and negotiations. The Town may transmit collected agency fees the Union with and in the same manner as collected dues. The Union agrees to indemnify and save the Town harmless against all claims, every unit member who shall have failed to fulfill the condition suits or other forms of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end liability arising out of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions deductions of such agency service fee from an employees’ pay or out of application of this Article; provided. The Union agrees to assume full responsibility for the disposition of the monies so deducted once they have been turned over to the Treasurer of the Union, howeverwho shall provide such information to the Town Treasurer as may be required by said Town Treasurer under General Laws, Chapter 180, Section 17G. The Town will not make any retroactive adjustments or deductions for any missed agency fee payments. AFSCME will be responsible for resolving any over/under payment of agency fees by employees. In the event that such dismissal an employee has not earned enough in a pay period to satisfy his or her agency fee obligation, the Union shall collect those fees directly, and the Town shall not be held responsible for collection of those fees. Written authorization by the employee must be furnished to the Town via the Union in order for any deductions to commence. This Article shall not apply to any employee who has authorized the Town Treasurer to deduct Union dues under the Dues Check-Off Article of this Agreement. No action by the Town shall be effected considered against any member of the bargaining unit for failure to meet his agency service fee obligation unless and until the Union certifies in writing to the Town said member of the bargaining unit has not met the obligation imposed by notice promptly issued this Article. It is understood by the Employer or Town and the Union that deduction of the agency service fee shall be made by the Town through its designee to such unit member after Treasurer only during the Association shall have notified existence of an executed agreement between the President that such unit member has not fulfilled Town and the condition herein prescribedUnion. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from Union agrees to pay the date cost of its receipt a proceeding to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred terminate employment as a result of being ordered to reinstate an employee terminated at this Article. The agency fee must be a fixed dollar amount that can be divided equally into the request month’s two bi-weekly deductions and must be the same amount for every member of the Association for not paying bargaining unit. Such amount may change no more than twice per fiscal year and must be communicated to the agency feeTown in writing at least two (2) weeks before the paycheck in which the change is to take effect. The Association shall intervene Official written notice of any change in deduction rates must be sent by AFSCME to the Finance Director and defend any administrative or court litigation with respect copied to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association proceduresHuman Resources Director.

Agency Service Fee. As Section 1. Each RA/PM who elects not to join or maintain membership in the Union shall be required to pay as a condition of employment during employment, beginning thirty (30) days following the term commencement of this Agreementemployment, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of to the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by Union pursuant to the provisions of Section 3 of Article IX Sections 17.05 and 17.16 of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Massachusetts Labor Relations (DLR)Commission. Section 2. Such fee so required This Article shall not become operative until this Agreement has been formally executed, pursuant to be paid shall be payable on or after the thirtieth (30th) day next following the beginning a vote of employment a majority of such member of all RAs/PMs in the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal present and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribedvoting. Section 3. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association Union shall reimburse the Employer Employer/University Administration for any expenses incurred as a result of being ordered to reinstate an employee RA/PM terminated at the request of the Association Union for not paying the agency service fee. The Association shall Union will intervene in and defend any administrative or court litigation with respect to any unit member's refusal or concerning the propriety of such termination for failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer Employer/University Administration shall have no obligation to defend the Association and termination. Section 4. Disputes between the Association parties concerning this Article shall indemnify and hold be resolved in accordance with the Employer harmless from grievance procedure contained in this Agreement. In the event such a dispute is submitted to arbitration, the arbitrator shall have no power or authority to order the Employer/University Administration to pay such agency fee on behalf of any loss occasioned by such litigationRA/PM. Any unit member who pays If the arbitrator decides that an agency service fee may on request obtain a rebate RA/PM had failed to pay or authorize the payment of part of that unit member’s the agency service fee in accordance with General Lawsthe Article, Chapter 150Ethe only remedy shall be the termination of the employment of such RA/PM if the RA/PM continues to refuse to pay or authorize payment of the required agency service fee after having sufficient time to do so. Section 5. It is specifically agreed that the Employer/University Administration assumes no obligation, Section 12financial or otherwise, arising out of the provisions of this Article and the preceding Union Security Article, and Association proceduresthe Union hereby agrees it will indemnify and hold the Employer/University Administration harmless from any claims, actions or proceedings by an RA/PM arising from the termination of an RA/PM hereunder or from deductions made by the Employer/University Administration.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor La- bor Relations (DLR)Commission. Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect re- spect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during dur- ing which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered regis- tered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen four- teen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration expira- tion of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association As- sociation shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation obli- gation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association Associa- tion procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in A. In accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 1212 and General Laws Chapter 180, Section 17G, the Committee shall require an Agency Fee from each employee who is not a member of the Association pursuant to the following provisions: 1. As of the first day of school in September of 1989, any employee who is not a member in good standing of the Braintree Education Association on or after the thirtieth day following the beginning of such employee's employment or the effective date of the Agreement, whichever is later, shall be required to pay an agency service fee. a. Any such agency service fee may be deducted from the salary of any such employee who signs an authorization card permitting such deductions and shall be transmitted to the Association. b. Deductions referred to above will be made in equal payments on a biweekly basis beginning in November and ending in May in amounts certified by the Association Treasurer as being the regular dues of the Association, the Norfolk County Teachers Association, the Massachusetts Teachers Association, and the National Education Association. c. The School Committee shall not be responsible for the implementation, collection, or enforcement of the agency service fee, except that it will supply any required documentation to establish that a person is a member of the bargaining unit subject to the fee, and it will grant one representative of the Association proceduressuch paid leave as is reasonably necessary for court appearances to collect the fee. 2. The amount to be withheld by the Committee as an agency fee shall be proportionately commensurate with the costs of collective bargaining and contract administration. 3. The amounts deducted will be submitted to the Association Treasurer as soon as is reasonably possible after the issuance of the paychecks from which the deductions were taken. B. The Association shall indemnify the Committee against any and all claims, demands, suits, damages, legal fees, or any other form of liability that may arise by reason of complying with this Article and the Association shall comply with a rebate procedure or any process as may be required by State, Federal, or Constitutional law. If the Association offers counsel to represent the Committee and the Committee declines, choosing instead to be represented by its own attorney, the Association shall not be responsible for legal fees or other litigation expenses of the Committee but shall remain liable for damages. C. If at the end of the aforementioned thirty (30) days, any member of the bargaining unit has not paid the agency fee, the Association will notify the employee that failure to pay said agency fee shall result in the institution of legal proceedings. 1. If the agency service fee has not been paid by the employee within four weeks of the aforementioned notification of non-payment, the Association shall notify the employee that legal proceedings to enforce the agency fee provision have commenced. 2. The Association shall provide the Rules and Regulations of the Massachusetts Labor Relations Commission to all employees subject to the agency fee. D. The Committee will indicate on job application forms and on the notification to employees of certain legal rights that a collective bargaining agreement with the BEA establishes some of the working conditions in the Braintree Public Schools.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or pay, or, by payroll deduction deduction, shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related to collective bargaining and contract administration, all as is required by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules Rules and regulations Regulations have been promulgated, and as they may be amended from time to time time, by the Department Division of Labor Relations (DLR)Relations. Such fee so required to be paid shall be payable on or after before the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after before the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such In the alternative, such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction AuthorizationAuthorization as set forth in Appendix B of this Agreement; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to Whenever the contrary notwithstandingAssociation, every unit member who acting by its President or Treasurer, shall have informed the President of any University that any person who is a member of the bargaining unit has, with respect to any instructional period, failed to fulfill the condition of employment herein prescribed, the University shall not thereafter offer to reappoint such person to perform services as is herein prescribed a member of the bargaining unit unless and until he/she shall have first fulfilled such condition; provided only that the Association shall in every such case first give written certification to the President of the University that the Association has, with respect to such person, complied with the applicable rules and regulations promulgated by the Massachusetts Division of Labor Relations for the payment of an agency service fee. A copy of all notices required to be given to the President of the University hereunder shall be subject sent to immediate dismissal the Xxxx of Graduate and Continuing Education. Copies of all correspondence between the Board or its agents and such unit member shall be so dismissed by simultaneously forwarded to the Employer with effect no later than the end President of the semester during which the Employer shall have acted MSCA. Any Board of Trustees and any person or body authorized to dismiss the unit member in accordance act on behalf thereof shall, when complying with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued indemnified by the Employer Association from any action which may arise therefrom when such person or its designee to such unit member after body so authorized relies upon the Association shall have notified written certification of the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying that it has complied with the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay applicable regulations of the Division of Labor Relations governing the payment of an agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or pay, or, by payroll deduction deduction, shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related to collective bargaining and contract administration, all as is required by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules Rules and regulations Regulations have been promulgated, and as they may be amended from time to time time, by the Department Division of Labor Relations (DLR)Relations. Such fee so required to be paid shall be payable on or after before the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after before the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such In the alternative, such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction AuthorizationAuthorization as set forth in Appendix B of this Agreement; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to Whenever the contrary notwithstandingAssociation, every unit member who acting by its President or Treasurer, shall have informed the President of any University that any person who is a member of the bargaining unit has, with respect to any instructional period, failed to fulfill the condition of employment herein prescribed, the University shall not thereafter offer to reappoint such person to perform services as is herein prescribed a member of the bargaining unit unless and until he/she shall have first fulfilled such condition; provided only that the Association shall in every such case first give written certification to the President of the University that the Association has, with respect to such person, complied with the applicable rules and regulations promulgated by the Massachusetts Division of Labor Relations for the payment of an agency service fee. A copy of all notices required to be given to the President of the University hereunder shall be subject sent to immediate dismissal the Xxxx of Graduate and Continuing Education. Copies of all correspondence between the Board or its agents and such unit member shall be so dismissed by simultaneously forwarded to the Employer with effect no later than the end President of the semester during which the Employer shall have acted MSCA. Any Board of Trustees and any person or body authorized to dismiss the unit member in accordance act on behalf thereof shall, when complying with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued indemnified by the Employer Association from any action which may arise therefrom when such person or its designee to such unit member after body so authorized relies upon the Association shall have notified written certification of the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.it has

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department Division of Labor Relations (DLR)Relations. Such fee so required to be paid shall be payable on or after by the thirtieth (30th) day next following the beginning of employment of such member end of the bargaining first session in the dues year in which the unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever member is employed and shall be laterdeducted in the mid• semester check, if any; otherwise, it shall be deducted in the check issued at the end of the session. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, notwithstanding every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall not be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of offered reappointment effective the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer Board for any expenses incurred as a result of being ordered to reinstate an employee terminated who is not reappointed at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's ’s refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's ’s termination or dismissal. In such litigation, the Employer Board shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer Board harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s the agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or pay, or, by payroll deduction deduction, shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related to collective bargaining and contract administration, all as is required by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules Rules and regulations Regulations have been promulgated, and as they may be amended from time to time time, by the Department Division of Labor Relations (DLR)Relations. Such fee so required to be paid shall be payable on or after before the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after before the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such In the alternative, such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction AuthorizationAuthorization as set forth in Appendix B of this Agreement; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to Whenever the contrary notwithstandingAssociation, every unit member who acting by its President or Treasurer, shall have informed the President of any College that any person who is a member of the bargaining unit has, with respect to any instructional period, failed to fulfill the condition of employment herein prescribed, the College shall not thereafter offer to reappoint such person to perform services as is herein prescribed a member of the bargaining unit unless and until he/she shall have first fulfilled such condition; provided only that the Association shall in every such case first give written certification to the President of the College that the Association has, with respect to such person, complied with the applicable rules and regulations promulgated by the Massachusetts Division of Labor Relations for the payment of an agency service fee. A copy of all notices required to be given to the President of the College hereunder shall be subject sent to immediate dismissal the Xxxx of Graduate and Continuing Education. Copies of all correspondence between the Board or its agents and such unit member shall be so dismissed by simultaneously forwarded to the Employer with effect no later than the end President of the semester during which the Employer shall have acted MSCA. Any Board of Trustees and any person or body authorized to dismiss the unit member in accordance act on behalf thereof shall, when complying with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued indemnified by the Employer Association from any action which may arise therefrom when such person or its designee to such unit member after body so authorized relies upon the Association shall have notified written certification of the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying that it has complied with the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay applicable regulations of the Division of Labor Relations governing the payment of an agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay pay, or by payroll deduction deduction, shall have paid to the said Association an agency service fee Agency Service Fee that shall be one hundred the permissible percent (100%) allowed by law of the then current rate of dues payable by a member of the said Association; providedAssociations, however, exclusive of any special assessments: The Committee and the Association having hereby stipulated and agreed that no such payment or deduction shall include any amount that represents a the sum so payable is proportionately commensurate with the cost not related by to the provisions of Section 3 of Article IX Association of the Rules collective bargaining and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR)contract administration. Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction deduction, if so authorized authorized, pursuant to an Agency Service Fee Deduction Authorization; a payroll dues deduction authorization as set forth in Article XXIX provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of to this Agreement to the contrary notwithstanding, every unit member administrator who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this ArticleCommittee; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer Committee or its designee to such unit member administrator after the Association shall have notified the President Superintendent that such unit member administrator has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member administrator fourteen (14) days from the date of its receipt to fulfill the said condition. Within With the said fourteen (14) days, the Employer Committee or its designees designee shall grant such unit member administrator such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provisionnotice. Whenever such unit member administrator shall not have fulfilled the condition conditions herein prescribed within with the said fourteen (14) days, the Employer Committee shall act to dismiss the unit member him at its meeting next following the expiration of the said fourteen (14) days; provided, provided however, that the Employer Committee need not so act if such unit member administrator fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and will indemnify, defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer School Committee harmless from against any loss occasioned by such litigation. Any unit member who pays an suit instituted against the School Committee on account of any check-off of Association dues (Westfield Education Association, Massachusetts Teachers Association, National Education Association) or agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association proceduresas required under this Agreement.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or pay, or, by payroll deduction deduction, shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related to collective bargaining and contract administration, all as is required by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules Rules and regulations Regulations have been promulgated, and as they may be amended from time to time time, by the Department of Labor Relations (DLR)Commission. Such fee so required to be paid shall be payable on or after before the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after before the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such In the alternative, such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction AuthorizationAuthorization as set forth in Appendix B of this Agreement; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions Whenever the Association, acting by the President or the Treasurer of this Agreement to the contrary notwithstandingMassachusetts State College Association, every unit member who shall have informed the President of any College that any person who is a member of the bargaining unit has, with respect to any instructional period, failed to fulfill the condition of employment herein prescribed, the College shall not thereafter offer to reappoint such person to perform services as is herein prescribed a member of the bargaining unit unless and until he or she shall have first fulfilled such condition; provided only that the Association shall in every such case first give written certification to the President of the College that the Association has, with respect to such person, complied with the applicable rules and regulations promulgated by the Massachusetts Labor Relations Commission for the payment of an agency service fee. A copy of all notices required to be given to the President of the College hereunder shall be subject sent to immediate dismissal the Xxxx of Graduate and Continuing Education. Copies of all correspondence between the Board or its agents and such unit member shall be so dismissed by simultaneously forwarded to the Employer with effect no later than the end President of the semester during which the Employer shall have acted MSCA. Any Board of Trustees and any person or body authorized to dismiss the unit member in accordance act on behalf thereof shall, when complying with the provisions of this Article; provided, howeverbe indemnified by the Association from any action which may arise therefrom when such person or body so authorized relies upon the written certification of the President of the Association that it has complied with the applicable regulations of the Labor Relations Commission governing the payment of an agency service fee. From and after the academic year 2000-2001, the number of contract courses offered by any College in any academic year shall not, as a percentage of the total number of DGCE courses (including all contract courses) that such dismissal shall be effected by notice promptly issued by College offers, exceed the Employer or its designee to such unit member after the Association shall have notified the President percentage of contract courses that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes is depicted on Appendix E of this provisionAgreement. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at At the request of the Association for not paying the agency fee. The Association shall intervene in and defend Chapter President at any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigationCollege, the Employer shall have no obligation College shall, on or before November 1 of an academic year, provide to defend the Association and Chapter President a complete list of all contract courses offered during the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedurespreceding academic year.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR)Commission. Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay pay, or by payroll deduction deduction, shall have paid to the said Association an agency service fee Agency Service Fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association, exclusive of any special assessments; provided, however, the Committee and the Association having hereby stipulated and agreed that no such payment or deduction shall include any amount that represents a the sum so payable is proportionately commensurate with the cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration Association of Chapter 150E of the General Laws as such rules collective bargaining and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR)contract administration. Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of any such member of the bargaining unit teacher, or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; a payroll dues deduction authorization as set forth in Article XXIX, provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member teacher who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this ArticleCommittee; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer Committee or its designee to such unit member teacher after the Association shall have notified the President Superintendent that such unit member teacher has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member teacher fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, days the Employer Committee or its designees designee shall grant such unit member teacher such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provisionnotice. Whenever such unit member teacher shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer Committee shall act to dismiss the unit member him at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer Committee need not so act if such unit member teacher fulfills the said condition prior to the date of such meeting. The Association shall reimburse will indemnify, defend and hold the Employer for School Committee harmless against any expenses incurred suit instituted against the School Committee on account of any check-off of Association dues (Westfield Education Association, Massachusetts Teachers Association, National Education Association) or agency fee as a result of being ordered required under this Agreement. It is agreed to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend by the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by Committee that such litigation. Any unit member who pays an agency service fee may on request obtain shall be a rebate condition of employment only for full or part time school day/school year employees of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association proceduresthe Committee.

Agency Service Fee. As The parties recognize the terms and conditions of this Article have been impacted by the recent United States Supreme Court decision. Therefore, the parties have ceased implementation of the agency fee provision(s) until such time as the parties have an opportunity to conclude impact bargaining. Section 1. Each employee who elects not to join or maintain membership in the Union shall be required to pay, as a condition of employment during employment, beginning thirty (30) days following the term commencement of this Agreementhis/her employment, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee to the Union in an amount that shall be one hundred percent (100%) is equal to the amount required to become and to remain a member in good standing of the then current rate exclusive bargaining agent. Section 2. This Article shall not become operative until this Agreement has been formally executed, pursuant to a vote of dues payable by a member majority of the said Association; provided, however, all employees in that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal present and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribedvoting. Section 3. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association Union shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association Union for not paying the agency service fee. The Association shall Union will intervene in and defend any administrative or court litigation with respect to any unit member's refusal or concerning the propriety of such termination for failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association termination. Section 4. Disputes between the parties concerning this Article shall be resolved in accordance with the grievance procedure contained in this Agreement. In the event such a dispute is submitted to arbitration, the arbitrator shall have no power or authority to order the Employer to pay such agency service fee on behalf of any employee. If the arbitrator decides that an employee has failed to pay or authorize the payment of the agency service fee in accordance with this Article, the only remedy shall be the termination of the employment of such employee if the employee continues to refuse to pay or authorize payment of the required agency service fee after having sufficient time to do so. Section 5. It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Association shall Union hereby agrees it will indemnify and hold the Employer harmless from any loss occasioned claims, actions or proceedings by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate employee arising from the termination of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association proceduresan employee hereunder.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association; provided, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction Authorization; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement to the contrary notwithstanding, every unit member who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in A. In accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 1212 and General Laws Chapter 180, Section 17G, the Committee shall require an Agency Fee from each employee who is not a member of the Association pursuant to the following provisions: 1. As of the first day of school in September of 1989, any employee who is not a member in good standing of the Braintree Education Association on or after the thirtieth day following the beginning of such employee's employment or the effective date of the Agreement, whichever is later, shall be required to pay an agency service fee. a. Any such agency service fee may be deducted from the salary of any such employee who signs an authorization card permitting such deductions and shall be transmitted to the Association. b. Deductions referred to above will be made in equal payments on a weekly basis beginning in November and ending in May in amounts certified by the Association Treasurer as being the regular dues of the Association, the Norfolk County Teachers Association, the Massachusetts Teachers Association, and the National Education Association. c. The School Committee shall not be responsible for the implementation, collection, or enforcement of the agency service fee, except that it will supply any required documentation to establish that a person is a member of the bargaining unit subject to the fee, and it will grant one representative of the Association proceduressuch paid leave as is reasonably necessary for court appearances to collect the fee. 2. The amount to be withheld by the Committee as an agency fee shall be proportionately commensurate with the costs of collective bargaining and contract administration. 3. The amounts deducted will be submitted to the Association Treasurer as soon as is reasonably possible after the issuance of the paychecks from which the deductions were taken. B. The Association shall indemnify the Committee against any and all claims, demands, suits, damages, legal fees, or any other form of liability that may arise by reason of complying with this Article and the Association shall comply with a rebate procedure or any process as may be required by State, Federal, or Constitutional law. If the Association offers counsel to represent the Committee and the Committee declines, choosing instead to be represented by its own attorney, the Association shall not be responsible for legal fees or other litigation expenses of the Committee but shall remain liable for damages.‌ C. If at the end of the aforementioned thirty (30) days, any member of the bargaining unit has not paid the agency fee, the Association will notify the employee that failure to pay said agency fee shall result in the institution of legal proceedings. 1. If the agency service fee has not been paid by the employee within four weeks of the aforementioned notification of non-payment, the Association shall notify the employee that legal proceedings to enforce the agency fee provision have commenced. 2. The Association shall provide the Rules and Regulations of the Massachusetts Labor Relations Commission to all employees subject to the agency fee. D. The Committee will indicate on job application forms and on the notification to employees of certain legal rights that a collective bargaining agreement with the BEA establishes some of the working conditions in the Braintree Public Schools.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit Any employee who is chooses not also to become a member of the Association shall pay or by payroll deduction shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable by Union may, on a member of the said Association; providedvoluntary basis, however, that no such payment or deduction shall include any amount that represents a cost not related by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules and regulations have been promulgated, and as they may be amended from time to time by the Department of Labor Relations (DLR). Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such fee may be paid by payroll deduction if so authorized pursuant to contribute an Agency Service Fee Deduction Authorization; providedspecifically for the purpose of covering costs related to collective bargaining, however, that such and processing grievances to which they become involved. The Collaborative will only deduct agency fees for those who have voluntarily submitted a written authorization in a form provided by the Union and shall bear the signature of the employee. The amount of the service fee shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions of this Agreement equal to the contrary notwithstandingpro rata cost of collective bargaining and contract administration as certified by AFSCME, every unit member who shall Council 93, AFL-CIO. Unit members may have failed access to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Employer with effect no later than the end of the semester during which the Employer shall have acted to dismiss the unit member in accordance with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued by the Employer or its designee to such unit member after the Association shall have notified the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe payroll deductions for the purposes purpose of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay the agency service fee. AFSCME, includingCouncil 93, but not limited toAFL-CIO shall be responsible for notifying the Business Office of the amount to be deducted prior to the issuance of the first paycheck. It is expressly understood by the parties that no employee shall be mandated or compelled to pay a service fee to the union, actions or claims arising from an employee's termination or dismissalnor shall membership in the union be a mandatory condition of employment. In such litigationAFSCME, the Employer shall have no obligation to defend the Association and the Association Council 93, AFL-CIO shall indemnify the Collaborative and hold agents against any and all claims, demands, suits, damages, legal fees, or any other form of liability that may arise by reason of the Employer harmless from any loss occasioned by such litigationCollaborative's compliance with the Agency Service Fee provisions of this agreement. Any unit The exclusive representative may require a non-member who pays to pay for the reasonable costs and fees, including arbitrator fees and related attorney fees for grieving or arbitrating a matter arising under an agency service fee may on request obtain a rebate of part of that unit agreement negotiated pursuant to this section and brought at the non-member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, request. The exclusive representative may require non-members to pay any anticipated proportional costs and Association proceduresfees prior to a grievance or arbitration hearing. Failure to pay costs and fees shall relieve the exclusive representative of further responsibility to the non-member regarding the matter.

Agency Service Fee. As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or pay, or, by payroll deduction deduction, shall have paid to the said Association an agency service fee that shall be one hundred percent (100%) of the then current rate of dues payable in an amount no greater than such amount as is permitted by a member of the said Associationlaw; provided, however, that no such payment or deduction shall include any amount that represents a cost not related to collective bargaining and contract administration, all as is required by the provisions of Section 3 of Article IX of the Rules and Regulations Relating to the Administration of Chapter 150E of the General Laws as such rules Rules and regulations Regulations have been promulgated, and as they may be amended from time to time time, by the Department of Labor Relations (DLR)Commission. Such fee so required to be paid shall be payable on or after before the thirtieth (30th) day next following the beginning of employment of such member of the bargaining unit or on or after before the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later. Such In the alternative, such fee may be paid by payroll deduction if so authorized pursuant to an Agency Service Fee Deduction AuthorizationAuthorization as set forth in Appendix B of this Agreement; provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided. Any other provisions Whenever the Association, acting by the President or the Treasurer of this Agreement to the contrary notwithstandingMassachusetts State College Association, every unit member who shall have informed the President of any College that any person who is a member of the bargaining unit has, with respect to any instructional period, failed to fulfill the condition of employment herein prescribed, the College shall not thereafter offer to reappoint such person to perform services as is herein prescribed a member of the bargaining unit unless and until he or she shall have first fulfilled such condition; provided only that the Association shall in every such case first give written certification to the President of the College that the Association has, with respect to such person, complied with the applicable rules and regulations promulgated by the Massachusetts Labor Relations Commission for the payment of an agency service fee. A copy of all notices required to be given to the President of the College hereunder shall be subject sent to immediate dismissal the Xxxx of Graduate and Continuing Education. Copies of all correspondence between the Board or its agents and such unit member shall be so dismissed by simultaneously forwarded to the Employer with effect no later than the end President of the semester during which the Employer shall have acted MSCA. Any Board of Trustees and any person or body authorized to dismiss the unit member in accordance act on behalf thereof shall, when complying with the provisions of this Article; provided, however, that such dismissal shall be effected by notice promptly issued indemnified by the Employer Association from any action which may arise therefrom when such person or its designee to such unit member after body so authorized relies upon the Association shall have notified written certification of the President that such unit member has not fulfilled the condition herein prescribed. The said notice shall be sent by registered mail, return receipt requested, and shall give such unit member fourteen (14) days from the date of its receipt to fulfill the said condition. Within the said fourteen (14) days, the Employer or its designees shall grant such unit member such opportunity to respond to the said notice as the Employer may from time to time prescribe for the purposes of this provision. Whenever such unit member shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Employer shall act to dismiss the unit member at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Employer need not so act if such unit member fulfills the said condition prior to the date of such meeting. The Association shall reimburse the Employer for any expenses incurred as a result of being ordered to reinstate an employee terminated at the request of the Association for not paying that it has complied with the agency fee. The Association shall intervene in and defend any administrative or court litigation with respect to any unit member's refusal or failure to pay applicable regulations of the Labor Relations Commission governing the payment of an agency service fee, including, but not limited to, actions or claims arising from an employee's termination or dismissal. In such litigation, the Employer shall have no obligation to defend the Association and the Association shall indemnify and hold the Employer harmless from any loss occasioned by such litigation. Any unit member who pays an agency service fee may on request obtain a rebate of part of that unit member’s agency service fee in accordance with General Laws, Chapter 150E, Section 12, and Association procedures.