Common use of Agency Shop and Payroll Deductions Clause in Contracts

Agency Shop and Payroll Deductions. A. All teachers shall, as a condition of employment, (1) on or before thirty (30) days from the first day of active employment or the effective date of this Agreement, whichever is later, join the Association, or (2) pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The Teacher may authorize payroll deduction for such fee. In the event that the Teacher shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Board shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after meeting with the employee. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each Teacher. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 (1986), the Association has established a "Policy Regarding Objections to Political-Ideological Expenditures." That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. C. Any Teacher who is a member of the Association, or who has applied for membership, may sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure outlined in the MEA Constitution, Bylaws and Administration Procedures. Payroll deductions shall be made in equal amounts, as nearly as may be, from the paychecks of each teacher. D. Eligible employees may make contributions to the District’s 403(b) tax-sheltered annuity plan by payroll deduction to be invested with an authorized investment provider in accordance with the Letter of Agreement (Appendix M) entered into between the District and the Association. As stated in the Letter of Agreement, MEAFS will be one of the investment providers, and the District will withdraw from the Consortium if MEAFS is removed from the list. E. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged to non-members along with other required information may not be available and transmitted to non- members until mid-school year (December, January, or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non- payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association's notification to non- members of the Service Fee for that given school year. F. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Board gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. 3. The Association shall have complete authority to compromise and settle all claims which it defends under this section. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's compliance with this article. If this indemnification provision is determined to be unenforceable, the Board's obligation to make involuntary wage deductions shall cease, and the parties shall meet to negotiate the impact of such determination.

Appears in 1 contract

Samples: Teacher Master Agreement

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Agency Shop and Payroll Deductions. A. All teachers shall, as a condition of employment, (1) on or before thirty (30) days from the first day of active employment or the effective date of this Agreement, whichever is later, join the Association, or (2) pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The Teacher may authorize payroll deduction for such fee. In the event that the Teacher shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Board shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after meeting with the employee. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each Teacher. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 106 S Ct 1066 (1986), the Association has established a "Policy Regarding Objections to Political-Ideological Expenditures." That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. C. Any Teacher who is a member of the Association, or who has applied for membership, may sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure outlined in the MEA Constitution, Bylaws and Administration Procedures. Payroll deductions shall be made in equal amounts, as nearly as may be, from the paychecks of each teacher. D. Eligible employees may make contributions to the District’s 403(b) tax-sheltered annuity plan by payroll deduction to be invested with an authorized investment provider in accordance with the Letter of Agreement (Appendix M) entered into between the District and the Association. As stated in the Letter of Agreement, MEAFS will be one of the investment providers, and the District will withdraw from the Consortium if MEAFS is removed from the list. E. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged to non-members along with other required information may not be available and transmitted to non- members until mid-school year (December, January, or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non- payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association's notification to non- members of the Service Fee for that given school year. F. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Board gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. 3. The Association shall have complete authority to compromise and settle all claims which it defends under this section. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's compliance with this article. If this indemnification provision is determined to be unenforceable, the Board's obligation to make involuntary wage deductions shall cease, and the parties shall meet to negotiate the impact of such determination.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Agency Shop and Payroll Deductions. A. All teachers Each bargaining unit member shall, as a condition of employment, either (1) join the Association on or before thirty (30) calendar days from the first day of active employment or the effective date of this Agreement, whichever is later, join the Association, or (2) pay remit a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The Teacher may authorize payroll deduction for such fee. In the event that the Teacher shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Board shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after meeting with the employee. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each Teacher. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 (1986), the Association has established a "Policy Regarding Objections to Political-Ideological Expenditures." That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting Any bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. C. Any Teacher who is a member of the Association, or who has applied for membership, may will sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure procedures outlined in the MEA Constitution, Bylaws and Administration Administrative Procedures. Payroll deductions Pursuant to such authorization, the Board shall deduct one-tenth of such dues, assessments, and contributions from the last regular salary check each month for ten (10) months, beginning in September and ending in June of each year. C. Any bargaining unit member who does not join the Association shall pay a Service Fee to the Association pursuant to the Association’s ―Policy Regarding Objections to Political- Ideological Expenditures‖ and the Administrative Procedures adopted pursuant to that policy, hereinafter referred to as the ―Policy.‖ Prior to being obligated to pay any Service Fee, non-member bargaining unit members shall be made in equal amounts, as nearly as may be, from informed by the paychecks Association of each teacher. D. Eligible employees may make contributions to the District’s 403(b) tax-sheltered annuity plan by payroll deduction to be invested with an authorized investment provider in accordance with the Letter of Agreement (Appendix M) entered into between the District and the Association. As stated in the Letter of Agreement, MEAFS will be one of the investment providers, and the District will withdraw from the Consortium if MEAFS is removed from the list. E. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged and provided the information set forth in the ―Policy‖ as well as a copy of the ―Policy.‖ The Service Fee shall not exceed the amount of dues collected from Association members. The non-member bargaining unit member will authorize payroll deduction for such Service Fee. D. The ―Policy‖ and the Administrative Procedures, including the timetable for payments pursuant thereto, shall apply only to non-members along with other required information may not member bargaining unit members. The remedies set forth in that Policy shall be available exclusive and transmitted unless and until such procedures, including any administrative or judicial review, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting non-member bargaining unit member concerning the application and interpretation of this Article shall be subject to non- members until mid-school year (December, Januarythe grievance procedure set forth in this Agreement, or February). Consequently, the parties agree that the procedures in this Article relating to the payment any other administrative or non- payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association's notification to non- members of the Service Fee for that given school yearjudicial procedure. F. E. In the event of any legal action against the Board, [including each Board member, Administrator or other District employee] brought in a court or administrative agency actions, because of its compliance with this Article, the Association agrees to defend assume the defense of such action, action at its own expense and through its own counsel, provided: 1. The Board gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, ; and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and appellate levelsavailable. 3. The Association shall have complete authority to compromise and settle all claims which it defends under this section. F. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board harmless from any liability for damages and costs imposed by as a final judgment result of a court or administrative agency such action as a direct consequence of the Board's ’s compliance with this article. Article. G. If any provision of this indemnification provision Article is determined to be unenforceabledeemed invalid under federal or state laws, the Board's obligation to make involuntary wage deductions shall cease, and the parties shall meet agree to negotiate language to comply with the impact requirements of such determinationthe law.

Appears in 1 contract

Samples: Master Agreement

Agency Shop and Payroll Deductions. A. All teachers shall, as a condition of employment, (1) on or before thirty (30) days from the first day of active employment or the effective date of this Agreement, whichever is later, join the Association, or (2) pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The Teacher may authorize payroll deduction for such fee. In the event that the Teacher shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Board shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after meeting with the employee. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each Teacher. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 106 S Ct 1066 (1986), the Association has established a "Policy Regarding Objections to Political-Political- Ideological Expenditures." That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. C. Any Teacher who is a member of the Association, or who has applied for membership, may sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure outlined in the MEA Constitution, Bylaws and Administration Procedures. Payroll deductions shall be made in equal amounts, as nearly as may be, from the paychecks of each teacher. D. Eligible employees may make contributions to Payroll deductions will be afforded for MEAFS Financial Services options and/or other annuity companies from the list available through the District’s 403(b) tax-sheltered annuity plan by payroll deduction to be invested with an authorized investment provider in accordance with the Letter of Agreement (Appendix M) entered into between the District and the Association. As stated in the Letter of Agreement, MEAFS will be one of the investment providers, and the District will withdraw from the Consortium if MEAFS is removed from the list. E. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged to non-members along with other required information may not be available and transmitted to non- members until mid-school year (December, January, or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non- non-payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association's notification to non- non-members of the Service Fee for that given school year. F. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Board gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. 3. The Association shall have complete authority to compromise and settle all claims which it defends under this section. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's compliance with this article. If this indemnification provision is determined to be unenforceable, the Board's obligation to make involuntary wage deductions shall cease, and the parties shall meet to negotiate the impact of such determination.

Appears in 1 contract

Samples: Teacher Master Agreement

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Agency Shop and Payroll Deductions. A. All teachers Each bargaining unit member shall, as a condition of employment, either (1) join the Association on or before thirty (30) calendar days from the first day of active employment or the effective date of this Agreement, whichever is later, join the Association, or (2) pay remit a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The Teacher may authorize payroll deduction for such fee. In the event that the Teacher shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Board shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after meeting with the employee. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each Teacher. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 (1986), the Association has established a "Policy Regarding Objections to Political-Ideological Expenditures." That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting Any bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. C. Any Teacher who is a member of the Association, or who has applied for membership, may will sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure procedures outlined in the MEA Constitution, Bylaws and Administration Administrative Procedures. Payroll deductions Pursuant to such authorization, the Board shall deduct one-tenth of such dues, assessments, and contributions from the last regular salary check each month for ten (10) months, beginning in September and ending in June of each year. C. Any bargaining unit member who does not join the Association shall pay a Service Fee to the Association pursuant to the Association’s “Policy Regarding Objections to Political- Ideological Expenditures” and the Administrative Procedures adopted pursuant to that policy, hereinafter referred to as the “Policy.” Prior to being obligated to pay any Service Fee, non-member bargaining unit members shall be made in equal amounts, as nearly as may be, from informed by the paychecks Association of each teacher. D. Eligible employees may make contributions to the District’s 403(b) tax-sheltered annuity plan by payroll deduction to be invested with an authorized investment provider in accordance with the Letter of Agreement (Appendix M) entered into between the District and the Association. As stated in the Letter of Agreement, MEAFS will be one of the investment providers, and the District will withdraw from the Consortium if MEAFS is removed from the list. E. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged and provided the information set forth in the “Policy” as well as a copy of the “Policy.” The Service Fee shall not exceed the amount of dues collected from Association members. The non-member bargaining unit member will authorize payroll deduction for such Service Fee.‌ D. The “Policy” and the Administrative Procedures, including the timetable for payments pursuant thereto, shall apply only to non-members along with other required information may not member bargaining unit members. The remedies set forth in that Policy shall be available exclusive and transmitted unless and until such procedures, including any administrative or judicial review, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting non-member bargaining unit member concerning the application and interpretation of this Article shall be subject to non- members until mid-school year (December, Januarythe grievance procedure set forth in this Agreement, or February). Consequently, the parties agree that the procedures in this Article relating to the payment any other administrative or non- payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association's notification to non- members of the Service Fee for that given school yearjudicial procedure. F. E. In the event of any legal action against the Board, [including each Board member, Administrator or other District employee] brought in a court or administrative agency actions, because of its compliance with this Article, the Association agrees to defend assume the defense of such action, action at its own expense and through its own counsel, provided: 1. The Board gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, ; and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and appellate levelsavailable. 3. The Association shall have complete authority to compromise and settle all claims which it defends under this section. F. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board harmless from any liability for damages and costs imposed by as a final judgment result of a court or administrative agency such action as a direct consequence of the Board's ’s compliance with this article. Article. G. If any provision of this indemnification provision Article is determined to be unenforceabledeemed invalid under federal or state laws, the Board's obligation to make involuntary wage deductions shall cease, and the parties shall meet agree to negotiate language to comply with the impact requirements of such determinationthe law.

Appears in 1 contract

Samples: Master Agreement

Agency Shop and Payroll Deductions. A. All teachers Each bargaining unit member shall, as a condition of employment, either (1) join the Association on or before thirty (30) calendar days from the first day of active employment or the effective date of this Agreement, whichever is later, join the Association, or (2) pay remit a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The Teacher may authorize payroll deduction for such fee. In the event that the Teacher shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Board shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after meeting with the employee. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each Teacher. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 (1986), the Association has established a "Policy Regarding Objections to Political-Ideological Expenditures." That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting Any bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. C. Any Teacher who is a member of the Association, or who has applied for membership, may will sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure procedures outlined in the MEA Constitution, Bylaws and Administration Administrative Procedures. Payroll deductions Pursuant to such authorization, the Board shall deduct one-tenth of such dues, assessments, and contributions from the last regular salary check each month for ten (10) months, beginning in September and ending in June of each year. C. Any bargaining unit member who does not join the Association shall pay a Service Fee to the Association pursuant to the Association’s “Policy Regarding Objections to Political- Ideological Expenditures” and the Administrative Procedures adopted pursuant to that policy, hereinafter referred to as the “Policy.” Prior to being obligated to pay any Service Fee, non-member bargaining unit members shall be made in equal amounts, as nearly as may be, from informed by the paychecks Association of each teacher. D. Eligible employees may make contributions to the District’s 403(b) tax-sheltered annuity plan by payroll deduction to be invested with an authorized investment provider in accordance with the Letter of Agreement (Appendix M) entered into between the District and the Association. As stated in the Letter of Agreement, MEAFS will be one of the investment providers, and the District will withdraw from the Consortium if MEAFS is removed from the list. E. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged and provided the information set forth in the “Policy” as well as a copy of the “Policy.” The Service Fee shall not exceed the amount of dues collected from Association members. The non-member bargaining unit member will authorize payroll deduction for such Service Fee. D. The “Policy” and the Administrative Procedures, including the timetable for payments pursuant thereto, shall apply only to non-members along with other required information may not member bargaining unit members. The remedies set forth in that Policy shall be available exclusive and transmitted unless and until such procedures, including any administrative or judicial review, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting non-member bargaining unit member concerning the application and interpretation of this Article shall be subject to non- members until mid-school year (December, Januarythe grievance procedure set forth in this Agreement, or February). Consequently, the parties agree that the procedures in this Article relating to the payment any other administrative or non- payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association's notification to non- members of the Service Fee for that given school yearjudicial procedure. F. E. In the event of any legal action against the Board, [including each Board member, Administrator or other District employee] brought in a court or administrative agency actions, because of its compliance with this Article, the Association agrees to defend assume the defense of such action, action at its own expense and through its own counsel, provided: 1. The Board gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, ; and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and appellate levelsavailable. 3. The Association shall have complete authority to compromise and settle all claims which it defends under this section. F. The Association agrees that in any action so defended, it will indemnify and hold harmless the Board harmless from any liability for damages and costs imposed by as a final judgment result of a court or administrative agency such action as a direct consequence of the Board's ’s compliance with this article. Article. G. If any provision of this indemnification provision Article is determined to be unenforceabledeemed invalid under federal or state laws, the Board's obligation to make involuntary wage deductions shall cease, and the parties shall meet agree to negotiate language to comply with the impact requirements of such determinationthe law.

Appears in 1 contract

Samples: Master Agreement

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