Agency Shop. 17.1 The Agency Shop provisions shall be applied for the term of this agreement as follows: 17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association. 17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2 17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. 17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination. 17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission. 17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below: 17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Agency Shop. 17.1 The A. Pursuant to the passage of legislation enabling the implementation of Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesFee, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who Half Hollow Hills Central School District does not make application for membership within thirty (30) hereby agree that no later than fifteen days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) Agreement or fifteen days from after the effective date of commencement employment, whichever is later, each unit member will pay the Half Hollow Hills Administrators Association each month a service charge toward the Administration of dutiesthis Agreement and the representation of such unit member, shall become a provided however that each unit member will have available to his/her membership in the Half Hollow Hills Unit members Association on the same terms and conditions as are available to every other member of the Association or pay to the Association a fee in Union. The service charge shall be an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction collective bargaining agent’s monthly dues for each month thereafter. The Half Hollow Hills Central School District shall deduct such fee in the said same manner as provided in paragraph 17.2the membership dues are deducted. The Half Hollow Hills Administrators Association shall supply the District with a list of names of non-members at least fifteen days prior to the deduction of the Agency Fee.
17.4 Dues withheld B. The Half Hollow Hills Unit Administrators Association has submitted to the District, pursuant to the law of the State of New York, a procedure for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the unit member’s pro-rata share of expenditures by the City shall be transmitted Half Hollow Hills Administrators Association in aid of activities or causes only incidentally related to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition negotiation of continued employment for unit membersterms and/or conditions of employment. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City aforementioned procedure shall not be obligated to put into effect any new, substantially changed or discontinued deduction until without the pay period commencing fifteen (15) work days or more after such submissionprior approval of the Board of Education.
17.7 No C. The Half Hollow Hills Administrators Association herewith indemnifies and saves the District, Board of Education and its unit member shall be required to join members, harmless from any and all lawsuits, actions or proceedings at law before the Association courts or to make an administrative agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; arising from this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationArticle.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for 1. Each Employee who, on the term effective date of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who Agreement is not a member of the Association or Union and has authorized dues deductions shall do so with the understanding the deductions shall continue for the length of the contract.
2. Employees who does are not make application for membership members of the Union at the effective date of this Agreement shall, as a condition of continued employment, join the Union within thirty (30) working days following or at the effective date end of this paragraphtheir probationary period, orwhichever is later, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association Union a service fee in an amount equal to the Association's periodic dues; provideddues uniformly required of all members. Upon request from the Union, however, the employment of any Employee who fails to comply with this requirement shall be terminated. It is understood that the unit member may authorize payroll deduction Board of Education has the right to privatize/subcontract positions in accordance with the dictates of PA 112 of 1994, Sec. 15 (F) (also known as MCLA 423.215 (3)(F)). However, the Board acknowledges that there is nothing contained in this Collective Bargaining Agreement which is a contractual bar to the Union's ability to challenge the right as exercised in an appropriate forum if it so chooses.
3. Employees shall be deemed to be members of the Union within the meaning of this Section if they are members in good standing and not more than sixty (60) days in arrears in payment of membership.
4. The Union agrees to reimburse the Xxxxxxxxxx Public School District, hereinafter referred to as the District, for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld amount of any money deducted by the City District and paid to the Union, which deduction is determined to be illegal and improper, or in excess of a proper deduction. The Union further agrees to indemnify and hold harmless the District employees charged with administering this Section, and members of the Board of Education from any and all liabilities, losses, claims, damages, or expenses arising out of the discharge of any Employee as a result of action taken by the Board, including, but not restricted to, all sums that may be awarded an Employee.
5. The Union agrees to indemnify the District for all costs or other expenses arising out of any other actions initiated against employees charged with administering this Section, the District, and the members of the Board of Education.
6. Employees hired to grant-funded positions shall be transmitted exempt from AFSCME unionization and not subject to conditions of this contract for the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing first year of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for terminationgrant.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association
Appears in 3 contracts
Samples: Master Contract, Collective Bargaining Agreement, Master Contract
Agency Shop. 17.1 The Agency Shop provisions A. Membership in the Association is not compulsory. Employees have the right to join, maintain or terminate their membership in the Association as they see fit. Neither party shall be applied for exert or put pressure on or discriminate against an employee as regards to such matters.
B. Except as provided elsewhere herein, all new employees in the term bargaining unit shall, or before the sixtieth (60) day following: the beginning of this agreement as followsthe school year, beginning of employment, or the execution of the collective bargaining agreement, whichever is later, either:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (301) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or Association, or
2) pay to the Association a fee in an amount of money that the Association certifies in writing as a cost equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City negotiation and administration of this agreement. Such cost shall be transmitted verified and submitted to the Association Officer designated Board on or before September 15th of each year and notice of this shall be presented in writing by the Association as the person authorized to receive such funds, at the address specifiedall employees.
17.5 C. The parties agree that interpretation, application, administration, and enforcement of this Article shall be in accordance with the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing requirements of the Association Labor Management Relations Act of 1947, as amended, and construed by the National Labor Relations Board Federal Courts and to the extent that it does not conflict with any Federal or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for terminationState Laws.
17.6 The City D. Exceptions to Section (B) above shall be:
1) Certified employees excluded by Article I shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or pay a service charge thereto;
2) Employees hired during the school year shall be required to make an agency fee tender (through direct payment if or deduction authorization) a pro-rated amount of the unit member is an actual verified member of a bonafide religion, body, membership dues or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstancesservice charge. Such pro rata shall be based on a maximum of nine (9) months (school year) and the number of months remaining in the school year. (Within a month, it is the majority of days left that shall govern.)
E. In the event an employee must, instead, arrange with the Association to satisfy does not tender his/her obligation by donating payment of dues or service charge directly to the equivalent amount Union, he/she may execute a written authorization which must be voluntary and is revocable from year to one year, between June 1 and September 1. (Such revocation must be given to the president of the non-laborAssociation within 10 working days after the changes are made.) The deductions permitted under the authorization shall be: 1) Association Members - The regular and equal amounts of Association Dues and Fees, non-religion charitable funds, tax exempt under Section 501 (c) (3) of including the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationEEA//MEA/NEA assessments and contributions.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for It is specifically agreed that those employees who are not members of the AssociationUnion at the time of initial ratification in 1994 of this Agreement by the Board are “grandfathered” and do not have to pay dues or a service fee as a condition of employment. All other employees covered by this Agreement at the time it becomes effective, shall select one of the following options:
1. Payment of the regular dues assessment in order to become a full dues-paying member in the Union.
17.3 2. Any member of the bargaining unit member who is not a member of the Association Union or who does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date first day of commencement active employment shall, in order to comply with this provision, pay a service fee to the Union in a legally permissible amount specified by the Union as previously determined by appropriate methods not to exceed the amount of duties, shall become a member dues uniformly required to be paid by members of the Association or pay to the Association a fee in an amount equal to the Association's periodic Union (including local, state and national dues); provided, however, that the unit member employee may authorize payroll deduction deductions for such fee in the said same manner as provided elsewhere in paragraph 17.2this article. Employees who desire to make a lump sum cash payment of dues and/or fees must make such payment by October 15.
17.4 Dues withheld by the City 3. No bargaining unit member required to pay a service fee shall be transmitted required through the payment of such fee to contribute to the Association Officer designated financial support of any ideological cause which he/she opposes. Therefore, the bargaining unit member may designate that his fee be contributed to the Union scholarship fund. Such member shall provide the Union in writing prior to October 15th of each year a statement setting forth the basis for his objection. The Union agrees to provide to bargaining unit members, upon request, a summary of the activities associated with the scholarship fund.
4. In the event that a bargaining unit member who is not a member of the Union shall not pay his service fee directly to the Union, or authorized payment through payroll deduction as herein provided, or make a lump sum cash payment by October 15, the Association as the person authorized to receive such fundsEmployer shall, at the address specified.
17.5 The parties agree that request of the obligations herein are a condition Union, notify the employee of continued employment for unit membershis noncompliance with the provisions stated herein. The parties further agree expressly recognize that the failure of any unit member employee to remain a member In good standing of comply with the Association or to pay the equivalent of Association dues during the term provisions of this agreement shall constitute, generally, just and reasonable article is cause for terminationthe Union to pursue whatever recourse it may have available including, but not limited to, legal remedies against the individual employee.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for 1. Any employee who is employed by the Board during the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct Agreement and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is does not become a member of the Association shall be required to pay a representation fee to the Association for the purpose of offsetting the employee's per capita cost of services rendered by the Association as majority representative. Representation fees for non-members shall be deducted prospectively only, beginning September 1 of each contract year.
2. Unless otherwise specified in this article, the maximum representation fee for non-members, notification of procedures available to non-members for appeal and the establishment of a demand of return system, etc., shall comply to 34:13A-5.4, et. seq., in effect at the time of the execution of this contract.
3. On or about November 1 of each year, the Association will submit to the Board the names of those employees who does have not make application become members of the Association for membership that year. The Board will deduct the total amount of representation fee in equal installments, as nearly as possible, in each pay period for the remainder of the year.
4. On or about the last day of each month beginning in November of each year, the Board will notify the Association of employees newly employed during the month. The Association will notify the Board within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall if any newly employed employee does not become a member of the Association.
5. Any employee having a representation fee deducted and who terminates employment prior to January 1 of any contract year will have the representation fee deducted to January 1 of that contract year from his/her final pay, provided the employee has filed the appropriate notification with the Association or pay and the Board. Any employee having a representation fee deducted and who terminates employment after January 1 of any contract year, will have the total representation fee for that contract year deducted from his/her final pay.
6. Procedures for the transmission of representation fees to the Association a fee in an amount equal will, as nearly as possible, be the same as those used for the transmission of regular membership dues to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members7. The parties further agree Association shall indemnify, defend and save harmless the Board of Education against any and all claims, demands, suits or other forms of liability, including liability for reasonable counsel fees and other legal costs and expenses that may arise out of, or by reason of, suits challenging the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term legality of this agreement shall constitute, generally, just and reasonable cause for terminationprovision.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions Board and Association agree that it shall be applied for the term a condition of this agreement as followsemployment that all teachers employed shall either:
17.2 Subject A. Sign and deliver to Article III Section 4, payroll deductions, the Board an assignment authorizing deduction of membership dues of the City's Employer-Employee Relations Resolution, upon the voluntary written Association and such authorization of bargaining unit employees, the City shall deduct and remit continue in effect from year to year unless revoked in writing; or,
B. Pay a Service Fee to the Association, pursuant to the Association's initiation "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 bargaining unit member may authorize payment for such fee through payroll deduction. In the event that the bargaining unit member shall not pay such Service Fee directly to the Association, or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477; MSA 17.277(7) and periodic dues for members at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to the Association, after observance of the following procedures:
1. The Association shall notify the bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non- compliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Board in the event compliance is not effected.
17.3 Any 2. If the bargaining unit member who is fails to remit the service fee or authorize deduction for same, the Association may request the Board to make such deduction pursuant to paragraph B above.
3. The Board, upon receipt of request for involuntary deduction shall provide the bargaining unit member with an opportunity for a due process hearing. This hearing shall be restricted to the question of whether or not a the bargaining unit member of has remitted the service fee to the Association or who does authorized payroll deduction of same. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each bargaining unit member. Moneys so deducted shall be remitted to the Association, or its designee, no later than twenty (20) days following deduction.
X. Xxxxxxxx to Chicago Teachers Union v Xxxxxx, 106 S Ct 1066 (1086), 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.
D. 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 make application for membership within 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 effective date Association's notification to non-members of this paragraph, or, the Service Fee for those hired after the effective date of this paragraph, within thirty (30) days that given school year.
E. Upon appropriate written authorization from the date bargaining unit member, the Employer shall deduct from the wages of commencement any such member and make appropriate remittance for MEA-FS's MEA-sponsored programs (tax-deferred annuities, auto insurance, homeowner's insurance, etc.) MESSA programs not fully Employer-paid, credit union, savings bonds, charitable donations, MEA-PAC/NEA Fund for Children and Public Education (formally known as "NEA-PAC") contributions or any other plans or programs jointly approved by the Association and Employer. Nothing in this Article shall be interpreted or applied to required involuntary or passive deduction of duties, shall become a member employee contributions to political action or other similar funds of the Association or pay its affiliates. Such deductions shall only be made with the affirmative written and voluntary consent of the employee, on file with the Board, in accordance with applicable statutory provisions.
F. The Association will certify annually to the Association a fee in an amount equal to the Association's periodic dues; providedDistrict, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submissionprior to the date of the first payroll deduction for professional fees and at least fifteen (15) days prior to the date of the first payroll deduction for service fees, the amount of said professional fees and the amount of service fee to be deducted by the Board, and that said service fee includes only those amounts permitted by this Agreement and by law.
17.7 No unit member shall be required G. The Association agrees to join indemnify and save the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religionBoard, bodyand including each individual school board member, harmless against any and all claims, demands, costs, suits, or sect which has historically held conscientious objections to joining other forms of liability including back pay and all court or financially supporting employee organizations; administrative agency costs that may arise out of or by reason of, action by the Board for the purpose of complying with this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Associationagreement.
Appears in 2 contracts
Samples: Master Contract for Teachers, Master Contract for Teachers
Agency Shop. 17.1 The Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll pavroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions shall be applied for A. All employees covered by this Agreement and who decline membership in Local #900 shall, at the term end of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (30) days following the effective date of this paragraphtheir hire, or, for those hired after the effective date begin a monthly payment of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount money equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner dues as provided in paragraph 17.2
17.4 Dues withheld required by the City shall be transmitted Local according to the Association Officer designated in writing by the Association its constitution and bylaws as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In maintaining membership in good standing of the Association Local. A special fund entitled "Local #900 Benevolent and Welfare Fund" shall be established by Local #900 and all money contributed, as indicated above, shall be placed in this Fund and used for no other purposes than benevolent and welfare activities, which may include: flowers expressing sympathy or congratulations to pay friends of Local #900 and Local #900's death benefit contribution. A record of all money paid to and from this Fund shall be maintained by Local #900 and any employee contributing money to this Fund shall have the equivalent right to periodically review its financial record.
B. It shall be a condition of Association dues during employment that all employees covered by this Agreement shall either become members of Local #900 or contribute to the term Benevolent and Welfare Fund, as described in Section A of this agreement shall constitute, generally, just and reasonable cause for terminationArticle.
17.6 The City C. Nothing in this Article shall not be obligated to put into effect require any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member employee who is an actual verified a member of and adheres to established and traditional tenets or teachings of a bonafide bona fide religion, body, body or sect which has historically held conscientious objections to joining or financially supporting labor organizations to financially support Local #900 or the Fund as a condition of employment. Such employee organizations; shall pay an amount equivalent to dues necessary for membership in good standing to a charity mutually agreed upon by Local #900 and the employee. If such employee who holds conscientious objections pursuant to this exemption section requests Local #900 to use the grievance-arbitration procedure on the employee’s behalf, Local #900 is authorized to charge the employee for the reasonable cost of using such procedure.
D. At any time when twenty percent (20%) of the employees eligible for inclusion in the Bargaining Unit indicate by signed petition, delivered to the City Clerk, that they do not support Agency Shop provisions defined by this Article, the City Clerk shall conduct a secret ballot election to determine whether or not the majority of employees support such provisions. Upon receipt of such a petition, the City Clerk shall verify the employee status of each person signing and determine if the twenty percent (20%) criteria has been met. If the City Clerk determines that the petition is valid, she/he shall call an election to be held on a date not more than thirty (30) days after having received the petition. The City Clerk shall not release the petition or the name of any employees who signed the petition. The City shall establish a polling place at the Municipal Building. Employees may vote at this location between the hours of 8:00 a.m. and 5:00 p.m. In order for Agency Shop provisions to be revoked, a majority of employees eligible to vote or seventy-five percent (75%) of those actually voting must vote to remove such language from this Article. Should employees determine that Agency Shop provisions of this Article be revoked according to this procedure, the City shall discontinue all Union deductions, as of the next regular pay period.
E. This Article shall not be granted unless and until interpreted or enforced in such unit member has verified a manner as to deny any employee any right guaranteed by the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one Constitution of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) United States of America and the Constitution of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationState of Colorado.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 SECTION 1. Membership in the Madison Heights Police Command Officers Union is not compulsory. Regular employees have the right to join, not join, maintain, or drop their membership in the Union, as they see fit. Neither party shall exert any pressure on or discriminate against an employee as regards such matters.
A) Membership in the Union is separate, apart and distinct from the assumption by one of his/her equal obligation to the extent that he received equal benefits. The Agency Shop provisions shall be applied for the term of Union is required under this agreement as follows:
17.2 Subject Agreement to Article III Section 4, payroll deductions, represent all of the City's Employer-Employee Relations Resolution, upon employees in the voluntary written authorization of bargaining unit employees, the City shall deduct fairly and remit equally without regard to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who whether or not an employee is not a member of the Association or Union. The terms of this Agreement have been made for all employees in the bargaining unit and not only for members in the Union, and this Agreement has been executed by the employer after it has satisfied itself that the Union is the choice of a majority of the employees in the bargaining unit. Accordingly, it is fair that each employee in the bargaining unit pay his/her own way and assume his/her fair share of the obligation along with the grant of equal benefit contained in this Agreement, including dues and initiation fee.
B) In accordance with the policy set forth under paragraph (1) and (2) of this section, all employees in the bargaining unit shall, as condition of continued employment, pay to the Union, the employee's exclusive Collective Bargaining representative, an amount of money equal to that paid by other employees in the bargaining unit who does not make application for membership within thirty are members of the Union, which shall be limited to an amount of money equal to the Union’s regular and usual initiation fees and which shall commence thirty-one (3031) days following the effective date of this paragraph, or, for those hired after Agreement. New employees shall start such payments thirty-one (31) days following entrance into the effective date bargaining unit.
C) If any provision of this paragraph, within thirty (30) days from Article is invalid under Federal law or the date of commencement of duties, shall become a member laws of the Association State of Michigan, such provision shall be modified to comply with the requirements of Federal or pay to state law or shall be renegotiated for the Association a fee in an amount equal to purpose of adequate replacement.
SECTION 2. In the Association's periodic dues; providedevent the Union, howeverits officers, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by or agents, furnish the City shall be transmitted with a demand to the Association Officer designated in writing by the Association as the person authorized discharge or discipline an employee for failure to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange comply with the Association to satisfy his/her obligation by donating the equivalent amount to one provisions of the non-laborArticle IV, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association1
Appears in 1 contract
Samples: Master Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for 1. Each Employee who, on the term effective date of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who Agreement is not a member of the Association or Union and has authorized dues deductions shall do so with the understanding the deductions shall continue for the length of the contract.
2. Employees who does are not make application for membership members of the Union at the effective date of this Agreement shall, as a condition of continued employment, join the Union within thirty (30) working days following or at the effective date end of this paragraphtheir probationary period, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association whichever is later or pay to the Association Union a service fee in an amount equal to the Association's periodic dues; provideddues uniformly required of all members. Upon request from the Union, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City employment of any Employee who fails to comply with this requirement shall be transmitted to terminated. When an employee is discharged under this provision, the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein BOARD will be held harmless in all regards related to this provision.
3. Employees shall be deemed to be members of the Union within the meaning of this Section if they are a condition members in good standing and not more than sixty (60) days in arrears in payment of continued employment for unit membersmembership.
4. The parties further agree that Union agrees to reimburse the failure Xxxxxx Xxxxx School District, hereinafter referred to as the District, for the amount of any unit member money deducted by the District and paid to remain the Union, which deduction is determined to be illegal and improper, or in excess of a member In good standing proper deduction. The Union further agrees to indemnify and hold harmless the district Employees charged with administering this Section, and members of the Association Board of Education from any and all liability, losses, claims, damages, or to pay expenses arising out of the equivalent discharge of Association dues during any Employee as a result of action taken by the term of this agreement shall constituteBoard, generallyincluding but not restricted to, just and reasonable cause for terminationall sums that may be awarded an Employee.
17.6 5. The City shall not be obligated Union agrees to put into effect indemnify the district for all costs or other expenses arising out of any newother actions initiated against Employees charged with administering this Section, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join district and the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one members of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) Board of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationEducation.
Appears in 1 contract
Samples: Master Agreement
Agency Shop. 17.1 The Agency Shop provisions (a) Employees newly hired after September 1, 1996 shall, upon completion of sixty (60) calendar days of employment within the bargaining unit and as a condition of continued employment, either:
(a) become a member of, and pay dues and initiation fees to, the Union; or (b) pay a service fee to the Union, without becoming a member of it, in an amount (to be determined by the Union within applicable legal requirements) which shall not exceed the dues paid by members of the Union.
(b) In the event employees who are obligated to pay a service fee (pursuant to Section 2(a) above) fail or refuse to do so, the following procedures shall be applied for the term of this agreement as followsfollowed:
17.2 Subject to Article III Section 4(i) The Union shall notify the employee of non-compliance by certified mail, payroll deductionsreturn receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for wage deduction may be filed with the Employer in the event compliance is not affected. A copy of the City's notice shall be given to the Employer-Employee Relations Resolution.
(ii) If the employee fails to timely remit the service fee or authorize deduction for same, the Union may request the Employer to make such deduction.
(iii) The Employer, upon receipt of request for involuntary deduction, shall provide the employee with an opportunity for a hearing limited to the question of whether or not the employee has remitted the service fee to the Union or authorized payroll deduction for same.
(iv) If the employee was obligated to pay a service fee to the Union (pursuant to Section 2(a) above), and if the Employer determines that the employee has refused to either pay the service fee to the Union or authorize payroll deduction for same, then the Employer shall, upon the voluntary Union's written authorization of bargaining unit employeesrequest, deduct the service fee from the employee's wages and remit same to the Union.
(c) Due to legal requirements established in applicable court decisions, the City shall deduct and remit amount of the service fee payable by non-members (along with other required information) may not be available for transmission to non-members until mid-school year (December, January or February). Consequently, the provisions of this Article relating to the Association, the Association's initiation fee and periodic dues for payment or non-payment of service fees by non-members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within shall be activated thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay Union's notification to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 members (c) (3and the Employer) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Associationservice fee for the school year. The Union shall also notify the Employer of the amount of Union dues.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for 5.1 To the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, extent that the laws of the City's Employer-Employee Relations ResolutionState of Michigan permit, upon the voluntary written authorization it is agreed that employees covered by this Agreement shall, as a condition of bargaining unit employeescontinued employment, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for either become members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount equal to equivalent of the Association's periodic dues; provided, however, that ’s regular monthly dues (referred to as a service charge) for the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specifiedduration of this Agreement.
17.5 The parties agree that 5.2 Employees rehired, hired, reinstated, transferred, or promoted into the obligations herein are bargaining unit and covered by this Agreement shall, as a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing employment, become members of the Association or to pay the equivalent of the Association’s regular monthly dues, referred to as a service charge, to the Association dues during for the term duration of this agreement Agreement, on or before the 30th day following their employment.
5.3 An employee who shall constitute, generally, just tender an initiation fee (if not already a member) and reasonable the periodic dues or service charge uniformly required as a condition of acquiring or retaining membership shall be deemed to meet the requirements of this section.
5.4 Failure to comply with the provisions of this Article shall be cause for terminationthe discharge of the employee. However, no employee shall be terminated under this Article except as provided below:
A. The Association has first notified the Employer in writing that the employee has elected not to join the Association and has not paid the service charge.
17.6 The City B. Within ten (10) working days from the date the Association notifies the Employer that the employee has elected not to join the Association, the Employer shall:
(i) Notify the employee of the provisions of the Agreement;
(ii) Obtain the employee’s response; and
(iii) Notify the Association of the employee’s response.
5.5 In the event the employee has neither joined the Association nor paid the service charge, the Association may proceed to request termination of the employee by written notice to the Employer, with a copy to the employee, registered mail, return receipt requested.
5.6 Upon receipt of such written notice, the Employer shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing within fifteen (15) work working days or more after notify the employee that, unless there is immediate compliance, the employee will be terminated not later than 15 calendar days following the date of such submissionnotification.
17.7 No unit member 5.7 The employee shall then be required to join terminated unless the Association or to make an agency fee payment if employee can produce evidence of compliance in the unit member is an actual verified member form of a bonafide religionletter of verification of such from the Association.
5.8 The Association will protect, bodyindemnify, or sect and save harmless the employer from any and all claims, demands, suits, and other forms of liability which has historically held conscientious objections to joining or financially supporting employee organizations; arise from action taken by the Employer for the purpose of complying with Article 5 of this exemption shall Agreement, including but not be granted unless limited to, costs of litigation, attorney fees, and until such unit member has verified the specific circumstances. Such employee mustjudgments, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Associationif any.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for A. For the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesMOU, the City agrees that the Union shall deduct remain the sole and remit exclusive agent for all the employees covered by this agreement in Unit #3 without regard to membership in the AssociationUnion, with respect to all matters relating to hours, rates, terms and conditions of employment, and all other bargainable issues. The City further agrees that it will not recognize or negotiate with any other person, association, group, committee or entity other than the Association's initiation fee Union with respect to such matters and periodic dues for will deal solely through the agency of and with the Union herein.
B. All employees who are members in good standing of the Union on January 1, 1987, and those employees who thereafter become members shall, as a condition of employment, remain members of the AssociationUnion in good standing during the life of the agreement.
17.3 Any unit member who is not a member of the Association or who does not make application C. Except for membership within thirty (30) days following the effective date of this paragraphemployees hired prior to January 1, or1987, for those hired after the effective date of this paragraphall employees in Unit #3, within thirty (30) days from of the date of commencement of dutiestheir initial employment, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religioncash sum as periodic dues to the Union, bodyif such employee is a member thereof; or an equivalent sum, if not a member, as a charge for the services rendered, and to be rendered hereunder by the Union as the exclusive bargaining agent, for the duration of the agreement. Represented employees employed with the City as of December 31,1986 have the option of joining the Union.
D. In the event an employee neglects, fails or sect which refuses to comply with the terms of Sections B or C above, the City hereby agrees, upon the request of the Union, to discontinue the employment of any such employee. The Union agrees to give a delinquent employee ten (10) days notice prior to seeking termination and the City is obliged to terminate for failure to pay sums due and owing. The Union agrees to indemnify, defend and hold the City harmless for any actions that may be taken by the City to enforce this provision.
E. A dues check off or service fee check off provision will be made available by the City to any employee who voluntarily agrees and executes a written authorization to the employer.
F. An employee who has historically held conscientious objections to joining or financially supporting public employee organizations; this exemption organizations shall not be granted unless and until such unit member has verified the specific circumstancesrequired to join or financially support any public employee organization as a condition of employment. Such employee mustis required, insteadin lieu of periodic dues and initiation fees, arrange with to pay Agency Shop Fees in sums equal to the Association Union's regular dues and initiation fees to satisfy his/her obligation by donating the equivalent amount to one of the a non-laborreligious, non-religion labor charitable funds, tax fund exempt from taxation under Section 501 (c) (3501(c)(3) of the Internal Revenue Code, listed below:chosen by such employee and verified as being a qualifying organization by the Union.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationG. The agency shop provision shall be rescinded by a majority vote of all the employees in Unit #3, provided that: (1) a request for such a vote is supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit; (2) such vote is by secret ballot; (3) such vote may be taken at any time during the term of such memorandum of understanding, but in no event shall there be more than one vote taken during such term.
H. Any employee who claims financial inability to pay dues (or in lieu Agency Shop fees) may request a waiver of this requirement by filing a petition with the Union. If the Union finds that hardship exists, either a temporary or permanent waiver may be approved.
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions Section 1 Within thirty (30) days after employment, or the execution of this Agreement, whichever is later, all members of the bargaining unit shall have the opportunity to join the Association and execute an authorization permitting the deduction of Association dues and assessments.
Section 2 Any member of the bargaining unit who has not joined the Association during such period, or having joined, has not remained a member, shall immediately execute an authorization permitting deduction of a service fee which shall be applied for no greater than the term proportion of this agreement as follows:
17.2 Subject Association dues uniformly required of members to Article III Section 4underwrite the costs of collective bargaining, payroll deductions, contract administration and grievance adjustment. The Association shall be required to notify the Human Resources Office sufficiently in advance of the City's Employer-Employee Relations Resolution, upon first employee paychecks of the voluntary written authorization amount of bargaining unit employees, such service fee. It is understood that the City payments of such sums shall deduct and remit not constitute an agreement to the Association, the Association's initiation fee and periodic dues for members become a member of the Association.
17.3 Any unit member who is not Section 3 In the event that a member of the Association or who bargaining unit does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of join the Association or pay the required service fee by the thirtieth (30th) day as required, that member shall be terminated. The Town shall institute the necessary procedures for termination provided the Association has complied with the following:
a. Sending written notice to the Association a fee in an amount equal employee (copy to the Association's periodic dues; providedHuman Resources Office) that he/she has not fulfilled his/her obligations by the requisite date or reasonable period of time thereafter, however, and that a request for his/her termination was being made to the Town.
b. By stating in the request for termination that such request is in conformance with the provisions of this Article that the unit member may authorize payroll deduction for such fee in employee has not complied with his/her obligations and that it is an official request of the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specifiedAssociation.
17.5 The parties agree that the obligations herein are c. As a condition of continued employment the effectiveness of this Article, the Association agrees to indemnify and save the Town harmless against any and all claims, demands, costs, suits or other forms of liability and all court or administrative agency costs that may arise out of, or by reason of, action taken by the Town for unit members. the purpose of complying with this Article and with respect to transmission of same.
Section 4 The parties further agree that Town shall deduct the failure service fees and dues from the salary of any unit member to remain a member In good standing non-members and members of the Association or bi-weekly and remit the same to pay the equivalent of Association dues during the term of this agreement shall constituteCouncil 4, generallyAFSCME, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any newAFL- CIO, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion000 Xxxx Xxxx Xxxxxx, bodyXxx Xxxxxxx, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstancesXxxxxxxxxxx 00000. Such employee mustauthorization comes pursuant to a letter dated August 29, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association1992.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions 6.1 It shall be applied for the term a condition of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within continued employment after thirty (30) days following of service that all employees covered by this Agreement shall either maintain membership in the effective date of this paragraphAssociation by paying the uniform dues, orinitiation fees and assessments, if any, or a collective bargaining service fee at least equivalent to the uniform dues, initiation fees and assessments, if any, for those hired after the effective date cost of negotiating and administering this paragraph, within thirty Agreement.
6.2 Any employee who has failed to either maintain membership or pay the required collective bargaining service fee for a period of forty-five (3045) days from shall not be retained by the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic duesCity; provided, however, no employee shall be terminated under this provision unless:
A. The Association has notified the employee by letter addressed to his or her last known address, with a copy to the City, indicating he or she has been delinquent for forty-five (45) days in payment, specifying the current amount of delinquency and warning the employee that unless the amount is tendered within ten (10) calendar days of the date of the letter, he or she will be reported to the City for termination from employment, and
B. The Association shall furnish the City with written proof that the unit foregoing procedure has been followed and shall supply the City with a copy of the notice to the employee. The Association shall further provide the City, after the ten (10) days notice, with written demand that the employee be discharged in accordance with this provision and provide the City an affidavit signed by the Association Treasurer certifying that the amount of delinquency does not exceed the uniform dues, initiation fees and assessments, if any, or collective bargaining service fee for the cost of administering and negotiating this Agreement.
6.3 The City will deduct from the wages earned during each pay period a specified amount as regular monthly Association dues for each member may authorize payroll deduction of the Association for such fee whom the Association furnishes the City a current, signed, written authorization. The Association shall furnish the City the amount of the deduction. The City will deduct from non-members of the Association an amount equal to dues, providing there is written authorization for the deduction. Changes in the said manner regular amount of monthly dues may be made no more than twice in a twelve (12) month period.
6.4 All sums deducted from an employee's pay as provided for in paragraph 17.2
17.4 Dues withheld this provision shall be forwarded by the City shall be transmitted to the Association Officer designated in writing Treasurer and shall be made payable to the order of the name of the Association. In the event a refund is due any employee for any sums deducted from wages earned and paid to the Association, it shall be the responsibility of the affected employee to obtain the appropriate refund from the Association.
6.5 The Association shall indemnify the City against any and all claims, demands, suits or other forms of liability which may arise out of or by reason of action taken or not taken by the Association as City for the person authorized to receive such fundspurpose of complying with the provisions of this provision. In addition, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or agrees to pay for the equivalent of Association dues during attorney representing the term of this agreement shall constituteCity, generally, just and reasonable cause for termination.
17.6 The but the City shall not be obligated have the right to put into effect any new, changed or discontinued deduction until designate the pay period commencing fifteen (15) work days or more after such submissionattorney within reasonable cost.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions shall be applied for As long as SMART-TD can demonstrate that it has a 70% membership (based on the term number of this agreement as follows:
17.2 Subject SMART-TD dues-paying members in comparison to Article III Section 4, payroll deductions, the number of the City's Employerall filled SMART-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesTD positions), the City agrees to grant SMART-TD an Agency Shop provision. Said Agency Shop provision shall deduct and remit be subject to the Associationfollowing terms and conditions:
(1) An employee working in a classification covered by this MOU shall, the Association's initiation fee within 30 calendar days of his/her employment, execute a payroll deduction authorization form as furnished by SMART-TD, and periodic dues for members of the Association.
17.3 Any unit member who is not thereby either: 1) become and remain a member of the Association in good standing in SMART-TD Local 1785; or who does not make application for membership within thirty (302) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association SMART-TD a monthly service representation fee in an amount equal not to exceed the Association's standard initiation fee, periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition dues and general assessments of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues SMART- TD during the term of this agreement shall constitute, generally, just and reasonable cause for terminationMOU.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15a) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make If an agency fee payment if the unit member employee certifies that he/she is an actual verified a member of a bonafide bona fide religion, body, body or sect which that has historically held conscientious objections to joining or financially supporting public employee organizations; this exemption , such employee shall not be granted unless execute a payroll deduction authorization form as furnished by SMART-TD, and until such unit member has verified thereby pay sums equal to the specific circumstances. Such employee must, instead, arrange with the Association monthly service representation fee to satisfy his/her obligation by donating the equivalent amount to one of the a non-laborreligious, non-religion labor charitable fundsfund, tax chosen by the employee from a list of at least three such funds that are exempt from taxation under Section 501 (c) (3501(c)(3) of the Internal Revenue Code. The list of funds shall be provided by the City, listed below:and shall be made up of funds for which the City offers payroll deductions.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association(b) The City and SMART-TD shall jointly notify all members of this bargaining unit that they are required to pay dues or a service representation fee as a condition of this Section and that such amounts shall be automatically deducted from their paychecks. The religious exemption and the employees’ rights under Government Code Section 3502.5 (Xxxxxx- Xxxxxx-Xxxxx Act, as amended) shall also be explained. The cost of this communication and the responsibility for its distribution shall be borne solely by SMART-TD.
(2) It is agreed that the City assumes no obligations to, in any manner, enforce the provisions of the above paragraphs beyond implementing any valid payroll deduction authorizations submitted by employees authorizing the deduction of service fees or other authorized payments to SMART-TD, or amounts in lieu of service fees to specified authorized charities. Enforcement of the payments that employees are obligated to make under the above paragraphs is within the discretion and the sole responsibility of SMART-TD by way of civil court action against such allegedly non-complying employee.
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 9.2.1 Any unit member who is not a member of the Association F.T.A., CTA/NEA or who does not make application for membership within thirty (30) days following of the effective date of this paragraphthe Agreement, or, for those hired after the effective date of this paragraph, or within thirty (30) days from the date of commencement of duties, assigned duties within the bargaining unit shall become a member of the Association or pay to the Association a fee in an amount equal determined by the Association, payable to the Association in one lump sum cash payment. In the event that a unit member shall not pay such fee directly to the Association's periodic dues; provided, however, that the unit member may authorize District shall immediately upon written notice from the Association begin automatic payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by Education Code 45061 and in the City same manner as set forth in Paragraph 9.1.1 of this Article. There shall be transmitted no charge to the Association Officer designated in writing by the Association as the person authorized to receive for such funds, at the address specifiedmandatory agency fee deductions.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any (a) Any unit member to remain who is a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, religious body whose traditional tenets or sect which has historically held conscientious teachings include objections to joining or financially supporting employee organizations; this exemption employees organizations shall not be granted unless and until required to join or financially support F.T.A., CTA/NEA as a condition of employment; except that such unit member has verified the specific circumstances. Such employee mustshall pay, insteadin lieu of a service fee, arrange with the Association sums equal to satisfy his/her obligation by donating the equivalent amount such service fee to one of the a non-laborreligious, non-religion labor organization, charitable funds, tax funds exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code. Such payment shall be made on or before June 1st of each school year. If proof is not given by then the full amount shall be deducted from the June paycheck.
9.2.3 A written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, listed below:pursuant to Paragraph 9.2.2 above, shall be made on an annual basis to the District within thirty (30) days from the date of commencement of assigned duties within the bargaining unit as a condition of continued exemption from the provisions of Paragraphs 1 and 2 of this Article. Payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment in lieu of the service fee has been made. Such proof shall be presented on or before June 1st of each school year. The Association shall have the right of inspection in order to review said proof.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association9.2.4 Any unit member making payments as set forth in Paragraph 9.2.2 above shall be responsible for paying the cost of using grievance or arbitration procedures.
9.2.5 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.
Appears in 1 contract
Samples: Master Contract
Agency Shop. 17.1 The A. Pursuant to the passage of legislation enabling the implementation of Agency Shop provisions shall be applied for the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesFee, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who Half Hollow Hills Central School District does not make application for membership within thirty (30) hereby agree that no later than fifteen days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) agreement or fifteen days from after the effective date of commencement employment, whichever is later, each unit member will pay the International Brotherhood of duties, shall become Teamsters each month a member service charge toward the administration of this agreement and the Association or pay to the Association a fee in an amount equal to the Association's periodic duesrepresentation of such unit member; provided, however, that the each unit member may authorize payroll deduction will have available to him/her membership in the International Brotherhood of Teamsters on the same terms and conditions as are available to every other member of the Union. The service charge shall be an amount equal to the collective bargaining agent's monthly dues for each month thereafter. The Half Hollow Hills Central School District shall deduct such fee in the said same manner as provided in paragraph 17.2the membership dues are deducted. The International Brotherhood of Teamsters shall supply the School District with a list of names of nonmembers at least fifteen days prior to the deduction of the Agency fee.
17.4 Dues withheld B. The International Brotherhood of Teamsters has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York, a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the agency fee deduction, if any, which represents the unit member's pro-rata share of expenditures by the City shall be transmitted International Brotherhood of Teamsters in aid of activities of causes only incidentally related to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition negotiation of continued employment for unit membersterms and/or conditions of employment. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City aforementioned procedure shall not be obligated to put into effect any new, substantially changed or discontinued deduction until without the pay period commencing fifteen (15) work days or more after such submissionprior approval of the Board of Education.
17.7 No C. The International Brotherhood of Teamsters herewith indemnifies and save the School District, Board of Education and its unit member shall be required to join members harmless from any and all lawsuits, actions or proceedings at law before the Association courts or to make an administrative agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; arising from this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Associationarticle.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop following provisions shall be applied for the term of this agreement as followsapply:
17.2 1. Subject to Article III Section section 4, payroll deductions, of the City's ’s Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the AssociationUnion, the Association's Union’s initiation fee and periodic dues for members of the AssociationUnion.
17.3 2. Any unit member who is not a member of the Association Union or who does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association Union or pay to the Association Union a fee in an amount equal to the Association's Union’s periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said same manner as provided in paragraph 17.21, above.
17.4 3. Dues withheld by the City shall be transmitted to the Association Union Officer designated in writing by the Association Union as the person authorized to receive such funds, at the address specified.
17.5 4. The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In in good standing of the Association Union or to pay the equivalent of Association Union dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 5. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 6. No unit member shall be required to join the Association Union or to make an agency fee payment if the unit member is an actual verified member of a bonafide bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association Union to satisfy his/her obligation by donating the equivalent amount to one of the a non-labor, non-religion charitable fundsfund, tax exempt under Section 501 section 501, subdivision (c) (3c)(3) of the Internal Revenue Code, listed below:chosen by the employee.
17.7.1 7. Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the Municipal Employee Relations Officer (MERO) defined as the City Manager or that person’s duly authorized representative. In the event the unit member fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination proceedings. The termination proceeding shall be governed by applicable state laws and are specifically excluded from the Grievance Procedures Agreement. The City shall not deduct monies specifically earmarked for a Political Action Committee (PAC) or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.
8. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City, and upon request to the employees who are members of the Union, within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its President and Treasurer or corresponding principal officer, or by a Certified Public Accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959 or Government Code section 3546.5 shall satisfy this requirement.
9. This organizational security arrangement shall be null and void during the period following expiration of this MOU and prior to entering into a successor agreement containing the same provision for organizational security. Additionally, this organizational security arrangement shall be null and void if rescinded by a vote of employees pursuant to Government Code section 3502.5, subdivision (b).
10. The Union will defend, indemnify and hold harmless the City of Riverside Police Officers Memorial Fund 17.7.2 Heart Associationfrom any loss, liability or cause of action arising out of the operation of this article.
11. The Union’s indemnity obligation is more fully set forth in a letter agreement of July 22, 1982, which is incorporated herein by reference as though fully set forth.
12. Any employees in this unit who have authorized Union dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deduction made by the City during the term of this MOU; provided, however, that any employee in the Unit may terminate such Union dues during the thirty day period commencing ninety days before the expiration of the MOU by notifying the Union of their termination of Union dues deduction. Such notification shall be by certified mail and should be in the form of a letter containing the following information: employee name, employee number, job classification, department name and name of Union from which dues deductions are to be cancelled. The Union will provide to the City with the appropriate documentation to process these membership dues cancellations within ten (10) business days after the close of the withdrawal period. The Union agrees to indemnify, defend, and hold the City of Riverside harmless from any liabilities of any nature which may arise as a result of the application of the provisions of Article 4, Section 1, no. 12.
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions shall be applied for
A. For the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesMOU, the City agrees that the Union shall deduct remain the sole and remit exclusive agent for all the employees covered by this agreement in Unit #3 without regard to membership in the AssociationUnion, with respect to all matters relating to hours, rates, terms and conditions of employment, and all other bargainable issues. The City further agrees that it will not recognize or negotiate with any other person, association, group, committee or entity other than the Association's initiation fee Union with respect to such matters and periodic dues for will deal solely through the agency of and with the Union herein.
B. All employees who are members in good standing of the Union on January 1, 1987, and those employees who thereafter become members shall, as a condition of employment, remain members of the AssociationUnion in good standing during the life of the agreement.
17.3 Any unit member who is not a member of the Association or who does not make application C. Except for membership within thirty (30) days following the effective date of this paragraphemployees hired prior to January 1, or1987, for those hired after the effective date of this paragraphall employees in Unit #3, within thirty (30) days from of the date of commencement of dutiestheir initial employment, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religioncash sum as periodic dues to the Union, bodyif such employee is a member thereof; or an equivalent sum, if not a member, as a charge for the services rendered, and to be rendered hereunder by the Union as the exclusive bargaining agent, for the duration of the agreement. Represented employees employed with the City as of December 31,1986 have the option of joining the Union.
D. In the event an employee neglects, fails or sect which refuses to comply with the terms of Sections B or C above, the City hereby agrees, upon the request of the Union, to discontinue the employment of any such employee. The Union agrees to give a delinquent employee ten (10) days notice prior to seeking termination and the City is obliged to terminate for failure to pay sums due and owing. The Union agrees to indemnify, defend and hold the City harmless for any actions that may be taken by the City to enforce this provision.
E. A dues check off or service fee check off provision will be made available by the City to any employee who voluntarily agrees and executes a written authorization to the employer.
F. An employee who has historically held conscientious objections to joining or financially supporting public employee organizations; this exemption organizations shall not be granted unless and until such unit member has verified the specific circumstancesrequired to join or financially support any public employee organization as a condition of employment. Such employee mustis required, insteadin lieu of periodic dues and initiation fees, arrange with to pay Agency Shop Fees in sums equal to the Association Union's regular dues and initiation fees to satisfy his/her obligation by donating the equivalent amount to one of the a non-laborreligious, non-religion labor charitable funds, tax fund exempt from taxation under Section 501 (c) (3501(c)(3) of the Internal Revenue Code, listed below:chosen by such employee and verified as being a qualifying organization by the Union.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationG. The agency shop provision shall be rescinded by a majority vote of all the employees in Unit #3, provided that: (1) a request for such a vote is supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit; (2) such vote is by secret ballot; (3) such vote may be taken at any time during the term of such memorandum of understanding, but in no event shall there be more than one vote taken during such term.
H. Any employee who claims financial inability to pay dues (or in lieu Agency Shop fees) may request a waiver of this requirement by filing a petition with the Union. If the Union finds that hardship exists, either a temporary or permanent waiver may be approved. DEFINITION: For purposes of this Section, Agency Fee is defined as that portion of dues not attributable to social or political activities.
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions shall be applied for (Effective on May 1, 2001)
A. All employees in the term bargaining unit who are employed by SunLine on the effective date of this agreement provision, shall, as follows:
17.2 Subject to Article III Section 4a condition of continued employment, payroll deductions, become or remain members in good standing of the City's Employer-Employee Relations Resolution, upon Union not later than the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (30) days 31st day following the effective date of this paragraphprovision, orunless the employee is covered by subsection “C” or “D” below. For purposes of this provision, the “good standing” requirement only includes payment of initiation fees, dues, and other fees or assessments uniformly required and does not include any payments which may be owing for those hired any period prior to 31 days from the first effective date of this provision.
B. Any employee in the bargaining unit who is employed by SunLine after the effective date of this paragraphprovision, within thirty (30) days from the date of commencement of dutiesshall, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to employment, become and remain a member In in good standing of the Association Union, within 30 days of commencement of employment unless the employee is covered by subsection “C” or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination“D” below.
17.6 The City shall C. Notwithstanding subparts “A” or “B” above, if an employee chooses not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association Union as required by “A” or “B”, SunLine will deduct from that employee’s wages and pay to make the Union an agency fee payment Organizational Service Fee. The Organizational Service Fee will be established by the Union in accordance with applicable law and will be a proportion (100% or less) of Union monthly dues, initiation fees and other fees and assessments uniformly applied to union members from this bargaining unit. The parties recognize that if the Union maintains segregated funds, the chargeable percentage for that fund may vary from the chargeable percentage for regular monthly dues and initiation fees. Any employee who wishes to challenge the Organizational Service Fee will follow the procedure available for such challenge designated by the California Public Employment Relations Board or any procedure established by the ATU International Union.
D. Notwithstanding the above provisions, an employee in the bargaining unit member who is an actual verified a member of a bonafide bona fide religion, body, body or sect which that has historically held conscientious objections to joining or financially supporting public employee organizations; this exemption , shall not be granted unless and until required to join or financially support the Union. If the employee establishes such unit member has verified objection, the specific circumstances. Such employee must, instead, arrange with will pay amounts equal to the Association to satisfy his/her obligation by donating the equivalent amount amounts required (via payroll deduction through SunLine) to one of the following non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) religious charities. The choice from the list will be the employee’s. The charities are: The American Cancer Society The Muscular Dystrophy Society The American Heart Association The Juvenile Diabetes Foundation or United Way of the Internal Revenue CodeDesert SunLine will deduct this fee and monthly make a check in that amount to the chosen charity. That check will then be forwarded to the Union, listed below:who will promptly forward it to the charity. Any disputes as to whether subsection “D” applies to a particular individual can be referred to a neutral arbitrator for a final and binding decision. The affected employee and the Union will be a party to that arbitration and the arbitrator will be chosen pursuant to the arbitration provisions of this agreement, except that the employee will make the options allowed by SunLine under that provision. The employee will pay ½ the costs of the arbitration, and the Union will pay ½ the costs, as those are normally divided between the parties. During the pendency of that arbitration, XxxXxxx will withdraw the sums required by Part “C” above and not pay those sums to either the Union or the designated charity, until the final determination of the arbitrator. The arbitrator will set any rules for procedure for the case and his/her decisions on procedural matters and the merits will be binding on the employee and the Union.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart AssociationX. XxxXxxx will notify the Union of new hires within 30 days of their beginning work. The Union will promptly notify SunLine of any employee who joins or refuses to join the Union.
F. In the event an employee does not meet his/her requirements under this provision, the Union will advise the employee in writing of the amounts owing to it or to the applicable charity. This can include late fees normally charged by the Union. A copy of this provision will be attached to the letter. SunLine will be sent a copy of the letter. If within 7 calendar days of the receipt of that letter, the employee has not made the payments required by this section, SunLine will, upon the written request of the Union, issue a notice of intent to terminate to the employee. If the employee does not then pay the amounts owing, SunLine shall terminate the employee.
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions shall be applied for A. For the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesMOU, the City agrees that the Union shall deduct remain the sole and remit exclusive agent for all the employees covered by this agreement in Unit #3 without regard to membership in the AssociationUnion, with respect to all matters relating to hours, rates, terms and conditions of employment, and all other bargainable issues. The City further agrees that it will not recognize or negotiate with any other person, association, group, committee or entity other than the Association's initiation fee Union with respect to such matters and periodic dues for will deal solely through the agency of and with the Union herein.
B. All employees who are members in good standing of the Union on January 1, 1987, and those employees who thereafter become members shall, as a condition of employment, remain members of the AssociationUnion in good standing during the life of the agreement.
17.3 Any unit member who is not a member of the Association or who does not make application C. Except for membership within thirty (30) days following the effective date of this paragraphemployees hired prior to January 1, or1987, for those hired after the effective date of this paragraphall employees in Unit #3, within thirty (30) days from of the date of commencement of dutiestheir initial employment, shall become a member of the Association or pay to the Association a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religioncash sum as periodic dues to the Union, bodyif such employee is a member thereof; or an equivalent sum, if not a member, as a charge for the services rendered, and to be rendered hereunder by the Union as the exclusive bargaining agent, for the duration of the agreement. Represented employees employed with the City as of December 31,1986 have the option of joining the Union.
D. In the event an employee neglects, fails or sect which refuses to comply with the terms of Sections B or C above, the City hereby agrees, upon the request of the Union, to discontinue the employment of any such employee. The Union agrees to give a delinquent employee ten (10) days notice prior to seeking termination and the City is obliged to terminate for failure to pay sums due and owing. The Union agrees to indemnify, defend and hold the City harmless for any actions that may be taken by the City to enforce this provision.
E. A dues check off or service fee check off provision will be made available by the City to any employee who voluntarily agrees and executes a written authorization to the employer.
F. An employee who has historically held conscientious objections to joining or financially supporting public employee organizations; this exemption organizations shall not be granted unless and until such unit member has verified the specific circumstances. Such required to join or financially support any public employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 (c) (3) of the Internal Revenue Code, listed below:
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Associationorganization as a condition of
Appears in 1 contract
Samples: Memorandum of Understanding
Agency Shop. 17.1 The Agency Shop provisions shall be applied for 1. Upon the term of this agreement as follows:
17.2 Subject to Article III Section 4, payroll deductions, request of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employeesPBA, the City Prosecutor shall deduct and remit to a representation fee from the Association, wages of each employee who has not authorized the Association's initiation fee and periodic dues for members deduction of the Associationdues from his/her wages.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within 2. These deductions shall commence thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date beginning of this paragraphemployment in the unit, within thirty or ten (3010) days from after re-entry into employment in the date unit.
3. The amount of commencement of dutiessaid representation fee shall be certified to the Prosecutor by the PBA, which amount shall become a member not exceed eighty-five (85%) percent of the Association regular membership dues, fees and assessments charged by the PBA to its own members.
4. The PBA agrees to indemnify and hold the Prosecutor harmless against any liability, cause of action or pay claims of loss whatsoever arising as a result of said deductions.
5. The Prosecutor shall remit the deducted representation fees to the Association PBA monthly.
6. The PBA shall establish and maintain at all times a fee in an amount equal to the Association's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee in the said manner demand and return system as provided in paragraph 17.2
17.4 Dues withheld by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bonafide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Association to satisfy his/her obligation by donating the equivalent amount to one of the non-labor, non-religion charitable funds, tax exempt under Section 501 N.J.S.A. 34:13A-5.5 (c) (3) and 5.6, and membership in the PBA shall be available to all employees in the unit on an equal basis at all times. In the event that the PBA fails to maintain such a system, or if membership is not so available, the Prosecutor shall immediately cease making deductions.
7. Within thirty days of receipt of the Internal Revenue Codemonthly list of new employees provided for in Article XXIV, listed below:Section 5, the PBA shall provide to the Prosecutor the names of employees on whose behalf a representation fee is to be deducted. The PBA also shall provide its certification that each employee so named has not made written authorization for dues deductions, and that the representation fee to be charged does not exceed 85% of the regular membership dues, fees and assessments. The PBA shall further certify that said representation fees shall be used solely for purposes directly related to collective bargaining, contract administration or grievance administration.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association8. Should the Prosecutor fail to provide the monthly list of new employees in accordance in Article XXIV, Section 5, the PBA may grieve the Prosecutor's failure to do so through the grievance and arbitration provisions of this collective bargaining agreement. In the event the grievance is submitted to arbitration, the arbitrator's authority to award a remedy shall be limited to directing the Prosecutor to immediately provide the names of newly-hired employees.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. 17.1 The Agency Shop provisions CRA/LA agrees to continue to grant Local 164, Basic Unit, Local 585, Professional Unit, and Local 2204, Supervisory Unit (effective the first full pay period upon adoption of the MOU) of Council 36, AFL-CIO a modified union shop provision. This provision shall be applied subject to the following terms and conditions:
1. Each CRA/LA employee hired on or after January 6, 1990 to work in a classification represented by the bargaining units above shall, upon release from initial probation and for the term of this agreement as follows:
17.2 Subject to Article III Section 4MOU, payroll deductions, of the City's Employer-Employee Relations Resolution, upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Association, the Association's initiation fee and periodic dues for members of the Association.
17.3 Any unit member who is not a member of the Association or who does not make application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of duties, shall become a member of the Association Union or pay to the Association Union a representation service fee. Membership dues and representation service fee in an amount equal to amounts shall be determined by the AssociationUnion. Such amounts shall be automatically deducted by the CRA/LA from the employee's periodic dues; provided, however, that the unit member may authorize payroll deduction for such fee paycheck in the said manner as provided first payroll period following the employee's date of release from initial probation.
2. Each CRA/LA employee promoted on or after January 6, 1990 to work in paragraph 17.2
17.4 Dues withheld a classification represented by the City shall be transmitted to the Association Officer designated in writing by the Association as the person authorized to receive such fundsbargaining units above shall, at the address specified.
17.5 The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit member to remain a member In good standing of the Association or to pay the equivalent of Association dues during the term of this agreement MOU, become a member of the Union or pay the Union a representation service fee. Membership dues and representation service fee amounts shall constitutebe determined by the Union. Such amounts shall be automatically deducted by the CRA/LA from the employee's paycheck in the first payroll period, generally, just and reasonable cause for terminationfollowing the employee's date of promotion.
17.6 The City shall not be obligated to put into effect any new, changed or discontinued deduction until 3. In the pay period commencing fifteen (15) work days or more after such submission.
17.7 No unit member shall be required to join the Association or to make case of an agency fee payment if the unit member employee who certifies he/she is an actual verified a member of a bonafide bona fide religion, body, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations; this , such employee shall execute a CRA/LA payroll deduction authorization form, as a condition of continuous exemption shall not be granted unless from the requirements of financial support to the Union, and until such unit member has verified thereby pay sums equal to the specific circumstances. Such employee must, instead, arrange with the Association monthly service representation fee to satisfy his/her obligation by donating the equivalent amount to one of the a non-laborreligious, non-religion labor charitable fundsfund, tax exempt from taxation under Section 501 (c) (3501(c)(3) of the Internal Revenue Code, listed below:and which is chosen by the employee from a list of such charitable funds designated by the Union and the CRA/LA.
17.7.1 Riverside Police Officers Memorial Fund 17.7.2 Heart Association4. The CRA/LA and the Union shall jointly notify all new members of the representation unit that they are required to pay dues or a service fee as a condition of continued employment and that such amounts will be automatically deducted from their paychecks.
5. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the CRA/LA and to all unit employees, within sixty (60) calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its president and the treasurer or corresponding principal officer, or by a certified public accountant.
6. The Union certifies to the CRA/LA that it has adopted constitutionally acceptable procedures to enable non-member agency shop service fee payers to meaningfully challenge the propriety of the uses to which service funds are put. Those procedures shall be in accordance with the decision of the United States Supreme Court in Chicago Teachers Union, Local No. 1, AFT, AFL-CIO, et xx x. Xxxxxx, 106 S. Ct. 1066 (1966).
7. The agency shop provisions herein may be rescinded in accordance with the applicable Government Code.
8. The Union agrees to indemnify and hold harmless the CRA/LA for any loss or damage arising from the operation of this article. It is also agreed that neither any employee nor the Union shall have any claim against the CRA/LA for any deductions made or not made, as the case may be, unless a claim of error is made in writing to the Chief Accounting Officer within thirty (30) calendar days after the date such deductions were or should have been made.
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Samples: Memorandum of Understanding