Common use of Agency Shop Clause in Contracts

Agency Shop. Section A. Current Association members and all new employees hired after July 1, 1994 to a position covered by this agreement shall within thirty (30) calendar days of their hire by the Employer become members of the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/Ideological Expenditures. The remedies set forth in this policy shall be exclusive, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 3 contracts

Samples: Professional Agreement, Professional Agreement, Professional Agreement

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Agency Shop. Section A. Current Association members and all new employees hired after July 1, 1994 to a position covered by this agreement shall within thirty (30) calendar days of their hire by the Employer become members of the Association, or in the alternative, shall pay Pursuant to the passage of legislation enabling the implementation of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after the effective date of this Agreement or fifteen days after the effective date of employment, whichever is later, each employee will pay the Half Hollow Hills Teachers' Association each month a service feecharge toward the administration of this Agreement and the representation of such employee; provided, however, that each employee will have available to his/her membership in accordance the Half Hollow Hills Teachers' Association 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 same manner the membership dues are deducted. The Half Hollow Hills Teachers' Association shall supply the School District with its policies and proceduresa list of names of non-members at least fifteen days prior to the deduction of the Agency Fee. Section B. Bargaining unit members in accordance with Section A, not joining the The Half Hollow Hills Teachers Association shall pay a Service Fee has submitted to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections District, pursuant to the Political/Ideological Expenditures. The remedies set forth in this policy shall be exclusive, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount Chapter 677 of the dues or service fees from Laws of 1977 of the bargaining unit member’s wages. The deductions will be made in equal amounts from State of New York a procedure providing for the paychecks processing of demands, by members of the bargaining unit member beginning with unit, for the first pay following receipt return of that portion of the written authorization from Agency Fee deduction, if any, which represents the bargaining unit member employee's pro- rata share of expenditures by the Half Hollow Hills Teachers' Association in aid of activities or causes only incidentally related to negotiation of terms and/or conditions of employment. The aforementioned procedure shall not be substantially changed without the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting prior approval of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for sameEducation. Section E. Should it be determined as a result C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association Education and its counselemployees, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claimslawsuits, demands, suitsactions, or other forms of liability that may arise out of proceedings at law before the courts or by reason of action taken by the Board for the purpose of complying with an administrative agency arising from this Article. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 3 contracts

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

Agency Shop. Section A. Current 1. Each bargaining unit member shall, as a condition of employment, (1) on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association/Union, or (2) pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association members dues collected from Association members. The bargaining unit member may authorize payroll deduction for such fee. 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 all new employees hired after July 1at the request of the Association, 1994 deduct the Service Fee from the bargaining unit member's wages and remit same to a position covered by this agreement the Association. The deduction of such authorized amount shall be made in twenty (20) equal amounts from the first twenty (20) salary payments of the authorizing teacher beginning in September of each year. In the event such authorization is revoked at any time the teacher shall within thirty (30) calendar days of their hire by the Employer become members of the Associationdays, or pay in the alternative, shall pay one lump sum to the Association each month that portion permitted by law of the amount remaining to be deducted. The Board agrees to remit promptly to the respective Association all monies so deducted, accompanied by a service fee, in accordance with its policies and procedureslist of teachers from whom such deductions have been made. Section B. Bargaining unit members in accordance with Section A2. Pursuant to Chicago Teachers Union v Xxxxxx, not joining 106.S Ct 1066 (1986), the Association shall pay Union has established a Service Fee to the Association as determined in accordance with the MEA "Policy and Procedures Regarding Objections to the Political/Political- Ideological Expenditures". That Policy, and the administrative procedures (including the timetable for payment) pursuant thereof, applies only to non-union bargaining unit members. The remedies set forth in this policy that Policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review there, shall have been availed of and exhausted, all 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, or any other administrative and or judicial procedures shall be barredprocedure. Section C. Upon written authorization by a 3. Any bargaining unit membermember who is a member of the Association, or who has applied for membership, may sign and deliver to the Employer an assignment authorizing deduction of dues, assessments and contributions in the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedures outlined in the MEA Constitution, Bylaws and Administrative Procedures. Pursuant to such authorization, the employer will Employer shall deduct the appropriate amount one-twentieth of the dues or service fees such dues, assessments and contributions spread over twenty (20) pays from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks regular salary check of the bargaining unit member each month for ten (10) months, beginning with in September and ending in June of each year. 4. With respect to all sums deducted by the first pay following receipt Board pursuant to authorization of the employee, for membership dues, the Board agrees to remit the monies to the Association Membership Chair along with a list of the names, respective amounts deducted for each bargaining unit member and, if the dues, assessment, contribution and/or service fee was determined wholly or in part by a percentage formula, the wage amount used to calculate the respective dues, assessment, contribution and/or service fee. The Association agrees to advise the Board of all members of the Association in good standing and to furnish any other information needed by the Board to fulfill the provisions of this article. 5. Upon appropriate written authorization from the bargaining unit member teacher, the Board shall deduct from the salary of any teacher and make appropriate remittance for annuities, credit union, savings bonds, charitable donations, or any other plans or programs jointly approved by the Association and continuing through the last pay period in June of Each yearBoard. Moneys so deducted will It is further agreed that no new annuity program or other program deferring compensation shall be transmitted added to the Associationlist of approved programs beyond those approved as of July 1, or its designee1992, no later than unless said program enrolls at least five (5) employees of the twenty (20) days following each deductionDistrict as participants. Section D. If any bargaining unit member fails to authorize 6. On or remit dues or before the service fee, the Association may request tenth day of each month the Board shall deliver to make such deduction pursuant each teacher an itemized statement of all expenditures made by the Board during the preceding calendar month to Section A, above. At the next meeting benefit of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether based upon salary deductions or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken upon contributions by the Board for the purpose of complying with this Articleinsurance, retirement, or any other purpose. Section G. If any provision 7. Due to certain requirements established in recent court decisions, the parties acknowledge that the amount of the fee charged to non- members along with other required information may not be available and transmitted to non-members until mid school year (December, January, or February). Consequently, the parties agree that the procedures in this Article is deemed invalid under Federal relating to the payment or State Law, said provision non-payment of the representation fee by non-members shall be modified activated thirty (30) days following the Association's notification to comply with non-members of the requirements of said Federal or State Lawfee for that given school year.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July 1Each bargaining unit member, 1994 to shall as a position covered by this agreement shall within condition of employment on or before thirty (30) calendar days from the date of their hire by commencement of duties or the Employer become effective date of this Agreement, whichever is later, join the MESPA or pay a service fee to the MESPA equivalent to the amount of dues uniformly required of the members of the AssociationMESPA, or in less any amounts not permitted by law. In the alternative, event the bargaining unit member shall not pay such service fee directly to the Association each month a service fee, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/Ideological Expenditures. The remedies set forth in this policy shall be exclusive, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit memberMESPA or authorize payment through payroll deduction, the employer will Employer shall, pursuant to MCLA 408-477; MSA 17.2777(7) and at the request of the MESPA, deduct the appropriate amount of the dues or service fees fee from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association 's wages and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted remit same to the Association, MESPA under the procedure below. Such monies shall be remitted to the MESPA or its designee, designee no later than the twenty (20) days following each deduction. The procedure in all cases of non-payment of the service fee shall be as follows: 1. The MESPA 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 effectuated. Section D. 2. If any the bargaining unit member fails to authorize or remit dues or the service feefee or authorize deduction for same, the Association MESPA may request the Board to make such deduction pursuant to Section AParagraph 1, above. 3. At the next meeting of the Board following The Board, upon receipt of such a requestrequest for involuntary deduction, the Board will shall provide the teacher bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the teacher member has remitted the service fee to the Association MESPA or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted 4. Payroll deductions made pursuant to the Association or has not been authorized for payroll deduction, the fee will procedure outlined above shall be deducted made in equal installments amounts as nearly as may be from the paychecks of the bargaining unit member’s remaining paychecksmember so affected. 5. The deduction of membership dues and/or representation fees shall be made from the second paycheck of each month for ten (10) months, beginning in September and ending in June of each year. Dues deductions shall be transmitted by the Board to the MESPA designee within ten (10) days after such deductions are made. The designee shall be responsible for disbursement of dues paid to the Treasurers of those organizations designated by the MESPA. A list of members from whom those deductions have been made shall accompany the remittance to the MESPA. 6. All refunds claimed for dues of the MESPA under such dues authorization shall lie solely with the final MESPA. The MESPA agrees to reimburse any member for the amount of any dues deducted by the Board and paid to the MESPA, which deduction being made is by error in Juneexcess of the proper deduction. The Board agrees to assist the MESPA in finding any mathematical errors with respect to refund claims. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will 7. The MESPA shall indemnify and hold save the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any the MESPA security/agency shop provision of this Article Article. The MESPA shall, when the Board is deemed invalid sued individually or jointly, make available competent legal counsel for such defense at the expense of the MESPA . The MESPA shall have the right to negotiate a settlement with any bargaining unit member who challenges the MESPA's security/agency shop provisions under Federal this Article. If the indemnification and hold harmless provision is found to be unlawful, the duty to make involuntary deductions shall cease. 8. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 (1986), the MESPA has established a policy regarding "objection to political ideological expenditures-administrative procedures." That policy, and the administrative procedures (including the timetable for payment) pursuant thereto, applies only to non-MESPA bargaining unit members. Administrative or State Lawjudicial review thereof may be availed of by such objecting bargaining unit member concerning the application and interpretation of this fee. 9. Due to certain requirements established in recent court decisions, said provision the MESPA represents that the amount of the fee charged to the non-members along with other required information, may not be available and transmitted to non-members until mid-school year (December, January or February). Consequently, the parties agree that this procedure in this article relating to the payment or non-payment of the representation fee by non-members shall be modified activated thirty (30) days following the MESPA's notification to comply with non-members of the requirements fee for that given school year. 10. The MESPA shall certify at least annually to the District, fifteen (15) days prior 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 service fee to be deducted by the District, and that said Federal or State Lawservice fee includes only those amounts permitted by the Agreement and by law. Further, the MESPA agrees to timely notify the District in the event a court order is entered restraining the MESPA from implementing its policy regarding objections to political-ideological expenditures. If as a result of notice that such an order has been entered, the District intends to suspend involuntary wage deductions under this Article, it shall give timely notice to the MESPA.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July 1, 1994 to a position covered by this agreement shall within All teachers following thirty (30) calendar days after the effective date of this Agreement or thirty (30) days after the commencement of employment, whichever comes later, shall have deducted from their hire by pay monthly either: 1. Membership dues of the Employer become Association, or 2. A representation service fee, but not more than the amount of dues uniformly required of members of the Association. B. The Association shall certify to the Board at the beginning of each school year the membership of the Association subject to deduction of membership dues and the amount of the monthly Association dues to be deducted. The Association shall also certify to the Board at the beginning of each year the amount of the monthly representation service fee to be deducted, or but not more than the amount of dues uniformly required of members of the Association. These amounts so certified and deducted shall be forwarded to the Association, provided that when a teacher objects to the legitimacy of such deduction, the deduction shall be discontinued until a determination of the legitimacy of the deduction has been adjudicated to finality in the alternativeproper administrative and/or judicial forums. Pursuant to Chicago Teachers Union V Xxxxxx, shall pay 000 X CT 1066 (1986), the Union has established a “policy regarding objections to political-ideological expenditures.” That policy, and the Association each month a service feeadministrative procedures (including the timetable for payment) pursuant thereto, in accordance with its policies and procedures. Section B. Bargaining applies only to non-union bargaining unit members in accordance with Section A, not joining and will be provided to them by the Association shall pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/Ideological ExpendituresAssociation. The remedies set forth in this such policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization no dispute, claim or complaint by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the an objecting bargaining unit member beginning with concerning the first pay following receipt application and interpretation of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will this Article shall be transmitted subject to the Associationgrievance procedure set forth in this Agreement, or its designee, no later than the twenty (20) days following each deductionany other administrative or judicial procedure. Section D. If any bargaining unit member fails C. The Association agrees to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board, including each individual Board member, harmless against and from any and all claims, demands, costs suits, damages, awards, judgments or other forms of liability including but not limited to back pay and all court and administrative agency costs that may arise out of or by reason of any action taken by the Board for the purpose of complying with this Article. Section G. If . It is specifically and expressly agreed that any provision payment for these specified reasons shall be made directly from the Association to the demanding party and at no time shall the Board be obligated to pay out any monies for any reason associated with the provisions of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Lawsection.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Agency Shop. Section A. Current 1. Each bargaining unit member shall, as a condition of employment, (1) on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association/Union, or (2) pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association members dues collected from Association members. The bargaining unit member may authorize payroll deduction for such fee. 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 all new employees hired after July 1at the request of the Association, 1994 deduct the Service Fee from the bargaining unit member's wages and remit same to a position covered by this agreement the Association. The deduction of such authorized amount shall be made in twenty (20) equal amounts from the first twenty (20) salary payments of the authorizing teacher beginning in September of each year. In the event such authorization is revoked at any time the teacher shall within thirty (30) calendar days of their hire by the Employer become members of the Associationdays, or pay in the alternative, shall pay one lump sum to the Association each month that portion permitted by law of the amount remaining to be deducted. The Board agrees to remit promptly to the respective Association all monies so deducted, accompanied by a service fee, in accordance with its policies and procedureslist of teachers from whom such deductions have been made. Section B. Bargaining unit members in accordance with Section A2. Pursuant to Chicago Teachers Union v Xxxxxx, not joining 106.S Ct 1066 (1986), the Association shall pay Union has established a Service Fee to the Association as determined in accordance with the MEA "Policy and Procedures Regarding Objections to the Political/-Ideological Expenditures". That Policy, and the administrative procedures (including the timetable for payment) pursuant thereof, applies only to non-union bargaining unit members. The remedies set forth in this policy that Policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review there, shall have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization no dispute, claim or complaint by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the an objecting bargaining unit member beginning with concerning the first pay following receipt application and interpretation of this Article shall be subject to the written authorization from the grievance procedure set forth in this Agreement, or any other administrative or judicial procedure. 3. Any bargaining unit member or the Association and continuing through the last pay period in June who is a member of Each year. Moneys so deducted will be transmitted to the Association, or its designeewho has applied for membership, no later than may sign and deliver to the twenty (20) days following each deduction. Section D. If any bargaining unit member fails Employer an assignment authorizing deduction of dues, assessments and contributions in the Association as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to authorize or remit dues or the service feeprocedures outlined in the MEA Constitution, Bylaws and Administrative Procedures. Pursuant to such authorization, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt Employer shall deduct one- twentieth of such a requestdues, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association assessments and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.contributions spread over twenty

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Agency Shop. Section A. Current Association members 9.1 The Board agrees that it shall be a condition of employment that all currently employed teachers, and all any new employees hired after July 1teachers employed by the Board, 1994 to a position covered by this agreement shall within thirty days (30) days after commencement of employment, either: A. Cause to be paid to the Association the uniformly required membership fee for the Waverly Education Association, Michigan Education Association and National Education Association; or B. Cause to be paid to the Association a Service Fee as established by the Association. C. In the event the service or membership fee is not paid, the Board, upon receiving a written and signed complaint from the Association indicating the teacher has failed to comply with this condition, shall process said complaint in accordance with the following procedures: 1. The amount of the Service Fee charged to non-members, along with other required information, may not be available and transmitted to non- members until mid school year (December, January or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non-payment of the Service Fee by non-members shall be activated thirty (30) calendar days of their hire by following the Employer become MEA notification to non-members of the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and proceduresfee for that given school year. Section B. Bargaining unit members in accordance with Section A2. At the close of the thirty (30) calendar day notification period regarding the amount of the Service Fee for that school year, not joining the Association shall pay provide to the District a list of non-members who are responsible for paying the fee. The Association shall review the list with the District and determine from the list of non-members those who have failed to remit the Service Fee or have failed to authorize the Association as determined in accordance with appropriate payroll deduction for the MEA Policy and Procedures Regarding Objections to remainder of the Political/Ideological Expendituresschool year. 3. The remedies set forth in this policy Association shall be exclusive, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of then notify the bargaining unit member beginning of non- compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) calendar days for compliance, and shall further advise the recipient that a request for wage deduction will be filed with the first pay following receipt of Board in the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deductionevent compliance is not effected. Section D. 4. If any the bargaining unit member fails to remit the Service Fee or authorize or remit dues or the service feededuction for same, the Association may shall request the Board to make such deduction pursuant to Section A, abovethe procedures outlined herein. 5. At the next meeting of the The Board following upon receipt of such a requestrequest for involuntary deduction, the Board will shall provide the teacher bargaining unit member with an opportunity for a due process hearing. This hearing limited to shall address the question of whether or not the teacher bargaining unit member has remitted the service fee Service Fee to the Association or authorized payroll deduction of same. The Board shall hold the due process hearing at its next regularly scheduled meeting subsequent to the Association making its request for samethe deduction. Section E. Should it be determined 6. If as a result of this hearing the due process hearing, it is determined that the service fee bargaining unit member has not been remitted failed to remit the Service Fee to the Association or has not been authorized for failed to authorize a payroll deductiondeduction of same, the fee will District shall begin payroll deducting the Service Fee beginning with the next pay period following the hearing. The deductions shall be deducted spread-out in equal installments from amounts over the bargaining unit member’s remaining paycheckspay periods of the current school year, with the final deduction being made payment due in Junethe last pay of the regular school year payroll schedule. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July THE PROVISIONS OF THIS ARTICLE SHALL BE APPLICABLE AS A CONDITION OF EMPLOYMENT FOR INDIVIDUALS WHO ARE CLASSIFIED AS TEACHERS B. Each bargaining unit member shall, as a condition of employment, (1, 1994 to a position covered by this agreement shall within ) on or before thirty (30) calendar days from the first day of their hire by active employment or the Employer become members effective date of this Agreement, whichever is later, join the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association shall (2) pay a Service Fee to the Association as determined in accordance with Association, pursuant to the MEA Association’s “Policy and Procedures Regarding Objections to the Political/-Ideological Expenditures” and the Administrative Procedures adopted pursuant to that policy. The remedies set forth in this policy Service Fee shall be exclusive, and unless and until not exceed the procedures set forth therein have been availed amount of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a Association dues collected from Association members. The bargaining unit membermember may authorize payroll deduction for such fee. 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 will Employer shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the appropriate amount of the dues or service fees Service Fee from the bargaining unit member’s wageswages and remit same to the Association. The Payroll deductions will made pursuant to this provision shall be made in equal amounts amounts, as nearly as may be, from the paychecks of the each bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each yearmember. Moneys so deducted will shall be transmitted remitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If C. Pursuant to Chicago Teachers Union v Xxxxxx, 106 S Ct 1066 (1986), the Association has established a “Policy Regarding Objections to Political-Ideological Expenditures.” That Policy, and the Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member fails concerning the application and interpretation of this Article shall be subject to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting grievance procedure set forth in this Agreement. D. Any bargaining unit member who is a member of the Board following receipt of such a requestAssociation, the Board will provide the teacher with opportunity or who has applied for a due process hearing limited membership, may sign and deliver to the question Employer an assignment authorizing deduction of whether or not the teacher has remitted the service fee dues, assessments and contributions to the Association or authorized payroll deduction as established by the Association. Such authorization shall continue in effect from year-to-year unless revoked according to the procedure outlined in the MEA Constitution, Bylaws and Administrative Procedures. Pursuant to such authorization, the Employer shall deduct one-twentieth (1/20th ) of such dues, assessments and contributions from the regular salary check of the bargaining unit member each pay period for sametwenty (20) pays, beginning in September and ending in June of each year. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments Upon appropriate written authorization from the bargaining unit member, the Employer shall deduct from the wages of any such member and make appropriate remittance for MEA-FS’s remaining paychecksMEA-sponsored programs (tax-deferred annuities, with the final deduction being made in Juneauto insurance, homeowner’s insurance, etc. Section F. In exchange for the Board’s cooperation with ), MESSA programs not fully Employer-paid, credit union, savings bonds, charitable donations, contributions or any other plans or programs jointly approved by the Association and its counselEmployer. F. Due to certain requirements established in court decisions, the parties acknowledge that the amount of the Service Fee charged to non-members along with other required information may not be available and transmitted to non-members until mid-school year (December, January, or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non-payment of the representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association’s right notification to compromise and settle any dispute involving an involuntary deduction under this Article, non-members of the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability Service Fee for that may arise out of or by reason of action taken by the Board for the purpose of complying with this Articlegiven school year. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 1 contract

Samples: Master Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July Each Bargaining Unit Member shall, as a condition of employment, 1, 1994 to a position covered by this agreement shall within . On or before thirty (30) calendar days from the date of their hire by commencement of duties or the Employer become members effective date of this Agreement, whichever is later, join the Association/Union, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures.or Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay 2. Pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections Association, pursuant to the Association's “Policy Regarding Ob- jections to Political/-Ideological Expenditures” and the Administrative Procedures adopted pursuant to that policy. The remedies set forth in this policy Service Fee shall be exclusivenot exceed the amount of Association dues collected from Association Members. The Bargaining Unit Member may authorize payroll deduction for such fee. In the event that the Bargaining Unit Member shall not pay such Service Fee directly to the Asso- ciation, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit memberor authorize payment through payroll deduction, the employer will Employer shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the appropriate amount of the dues or service fees Service Fee from the bargaining unit member’s wagesBargaining Unit Member's wages and remit same to the Association. The Payroll deductions will made pursuant to this provision shall be made in equal amounts amounts, as nearly as may be, from the paychecks pay- checks of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each yeareach Bargaining Unit Member. Moneys Monies so deducted will shall be transmitted remitted to the AssociationAssocia- tion, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize B. On or remit dues or before the service feeopening day of school, the Association may request shall deliver to the Superintendent a writ- ten signed statement indicating the proportionate share of the cost of negotiating and administer- ing this contract. C. The Association agrees to hold the Board harmless for any and all costs, fees, charges, back pay awards, or liability arising out of enforcement of this Article. Any such costs that may arise shall be paid by the Association directly to make such deduction pursuant to Section A, above. At the next meeting of proper party and at no time shall the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited be required to the question of whether pay any money to any party or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined individual as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. D. The provisions of Article I, Section G. If any provision of this Article is deemed invalid under Federal or State LawC, said provision shall be modified apply to comply with representation fee where the requirements of said Federal or State LawBoard receives a written authorization card.

Appears in 1 contract

Samples: Master Contract

Agency Shop. Section A. Current Association members 9.1 The Board agrees that it shall be a condition of employment that all currently employed teachers, and all any new employees hired after July 1teachers employed by the Board, 1994 to a position covered by this agreement shall within thirty days (30) days after commencement of employment, either: A. Cause to be paid to the Association the uniformly required membership fee for the Waverly Education Association, Michigan Education Association and National Education Association; or B. Cause to be paid to the Association a Service Fee as established by the Association. C. In the event the service or membership fee is not paid, the Board, upon receiving a written and signed complaint from the Association indicating the teacher has failed to comply with this condition, shall process said complaint in accordance with the following procedures: 1. The amount of the Service Fee charged to non-members, along with other required information, may not be available and transmitted to non- members until mid school year (December, January or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non-payment of the Service Fee by non-members shall be activated thirty (30) calendar days of their hire by following the Employer become MEA notification to non-members of the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and proceduresfee for that given school year. Section B. Bargaining unit members in accordance with Section A2. At the close of the thirty (30) calendar day notification period regarding the amount of the Service Fee for that school year, not joining the Association shall pay provide to the District a list of non-members who are responsible for paying the fee. The Association shall review the list with the District and determine from the list of non-members those who have failed to remit the Service Fee or have failed to authorize the Association as determined in accordance with appropriate payroll deduction for the MEA Policy and Procedures Regarding Objections to remainder of the Political/Ideological Expendituresschool year. 3. The remedies set forth in this policy Association shall be exclusive, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of then notify the bargaining unit member beginning of non- compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) calendar days for compliance, and shall further advise the recipient that a request for wage deduction will be filed with the first pay following receipt of Board in the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deductionevent compliance is not effected. Section D. 4. If any the bargaining unit member fails to remit the Service Fee or authorize or remit dues or the service feededuction for same, the Association may shall request the Board to make such deduction pursuant to Section A, abovethe procedures outlined herein. 5. At the next meeting of the The Board following upon receipt of such a requestrequest for involuntary deduction, the Board will shall provide the teacher bargaining unit member with an opportunity for a due process hearing. This hearing limited to shall address the question of whether or not the teacher bargaining unit member has remitted the service fee Service Fee to the Association or authorized payroll deduction of same. The Board shall hold the due process hearing at its next regularly scheduled meeting subsequent to the Association making its request for samethe deduction. Section E. Should it be determined 6. If as a result of this hearing the due process hearing, it is determined that the service fee bargaining unit member has not been remitted failed to remit the Service Fee to the Association or has not been authorized for failed to authorize a payroll deductiondeduction of same, the fee will District shall begin payroll deducting the Service Fee beginning with the next pay period following the hearing. The deductions shall be deducted spread-out in equal installments from amounts over the bargaining unit member’s remaining paycheckspay periods of the current school year, with the final deduction being made payment due in June. Section F. In exchange for the Board’s cooperation with last pay of the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.regular twenty-one

Appears in 1 contract

Samples: Master Agreement

Agency Shop. All teachers as a condition of continued employment shall either join the ASSOCIATION (including the National and Michigan Education Association) and pay their dues or execute an Assignment of Wages Form in accordance with Section A. Current Association members 3.2.6 of this Agreement, or cause to be paid to the ASSOCIATION a representation fee equivalent to the dues and all new employees hired after July 1, 1994 to assessments levied by the said ASSOCIATION on their membership. In the event that a position covered by this agreement teacher’s dues or representation fee shall within remain unpaid for a period of thirty (30) calendar days following commencement of their hire employment of the teacher, the BOARD agrees that in order to effectuate the purpose of this Agreement, the services of such teacher shall be terminated within the next thirty (30) days. The refusal of the teacher to contribute such dues or fees is recognized by the Employer become members parties as reasonable and just cause for termination of employment. Teachers while on leave other than sabbatical leave, or on layoff shall not be subject to the terms of this paragraph. For the proper administration of the Associationprovisions of this Article, the ASSOCIATION shall provide the BOARD monthly with the names of those teachers who have joined or contributed a representation fee by means of other than through a payroll deduction plan. The BOARD may withhold its monthly remittance of deducted dues and assessments until it receives the names of such teachers. Pursuant to Xxxxx v Detroit Federation of Teachers, 431 US 209.240 (1977), the ASSOCIATION established a procedure set forth in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/-Ideological Expenditures. The remedies .” If any person paying service fees hereunder objects to the expenditure by the ASSOCIATION (including MEA or NEA) of any funds collected from him/her pursuant to this article, such person may present such objection pursuant to that Policy and the procedures therein set forth in this policy forth; however, challenge to any such expenditure shall be exclusive, not relieve the person of the obligation of paying the service fee or any portion thereof pending final determination and unless and until the procedures set forth therein such procedures, including any judicial review thereof, shall have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization no dispute, claim, or complaint by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the such objecting bargaining unit member beginning with concerning the first pay following receipt application and interpretation of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will Article shall be transmitted subject to the Associationgrievance procedure set forth in this Agreement, or its designee, no later than any other administrative or judicial procedure. The MEA/NEA will defend any action or complaint brought against the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize BOARD and/or the Xxxxxx Xxxxx School District under state or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined federal law as a result of this hearing that the service fee has not been remitted to implementation of the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counselabove paragraph, and the Association’s right to compromise and settle any dispute involving MEA/NEA will further indemnify the BOARD and/or the Xxxxxx Xxxxx School District in the event an involuntary deduction adverse judgment is entered against the BOARD and/or Xxxxxx Xxxxx School District under this Article, state or federal law as a result of the Association will indemnify and hold implementation of the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Articleabove paragraph. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Agency Shop. Section A. Current Association members and all new employees hired after July Service Fees Each bargaining unit member shall, as a condition of employment: 1. On or before sixty (60) days from the date of commencement of duties or the effective date of this Agreement, 1994 to a position covered by this agreement shall within thirty (30) calendar days of their hire by whichever is later, join the Employer become members of the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures.Union or Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay 2. Pay a Service Fee to the Association as determined in accordance with Union, pursuant to the MEA Union’s “Policy and Procedures Regarding Objections to the Political/-Ideological Expenditures” and the Administrative Procedure adopted pursuant to that policy. The Service Fee shall not exceed the amount of union dues collected from union members. The bargaining unit member may authorize payroll deduction for such fee. In the event that the bargaining unit member shall not pay such Service Fee directly to the Union, or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Union, deduct the Service Fee from the bargaining unit member’s wages and remit same to the Union. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each affected bargaining unit member. Monies so deducted shall be remitted to the Union, or its designee, no later than twenty (20) days following deduction. B. Objections Policy Pursuant to Chicago Teachers Union v Xxxxxx, 106 X Ct 1066 (1986), the Union 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 this that policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization no dispute, claim or complaint by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the an objecting bargaining unit member beginning with concerning the first pay following receipt of the written authorization from the bargaining unit member or the Association application and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this Article. Section G. If any provision interpretation of this Article is deemed invalid under Federal or State Law, said provision shall be modified subject to comply with the requirements of said Federal grievance procedure set forth in this Agreement, or State Lawany other administrative or judicial procedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Agency Shop. 1. It is understood that the 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)). 2. 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 A. Current Association if they are members in good standing and all new not more than sixty (60) days in arrears in payment of membership. 4. The Employer hereby agrees to deduct dues and/or agency or service fees of the individual employee to the Union to the extent and as authorized by the laws of the State of Michigan and by such employee upon the following terms and conditions. (For purposes of deduction of union dues, the term Employee shall be construed to include probationary employees hired whose assignments are appropriate to this unit.) 5. Each employee who desires to have such dues and/or agency or service fees deducted from his earnings shall execute the "AUTHORIZATION FOR DEDUCTION OF UNION DUES AND/OR AGENCY OR SERVICE FEES" form in full, in triplicate. 6. The Employer shall place such deduction or deductions in effect at the second pay period of the month following receipts of same and continue in accordance with the terms and conditions set forth in the Authorization. 7. The Employer shall transmit such deductions together with a list of the employees paying same to the financial officer of the Union designated in writing by the Union and shall do so as soon as possible after July 1the deduction but not later than the tenth (10th) day of the following month. 8. The Employer shall notify the Union Xxxxxxx of termination of employment of the dues paying employee or of the revocation, 1994 alteration, or amendment by the employee of the Authorization in accordance with the terms thereof. 9. The "Authorization for Deduction of Union Dues and/or Agency or Service Fees", hereinafter set forth when executed, shall be binding upon the employee for the duration of this Agreement except that any employee may revoke, alter, or amend such Authorization by notice in writing to a position covered by this agreement shall the Employer within the thirty (30) calendar days day period prior to the expiration of their hire by this Agreement, failing in which, the Employer become members original authorization shall be automatically renewed under the same terms and conditions for the life of the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and proceduressubsequent contract. Section B. Bargaining unit members in accordance with Section A, not joining 10. It is understood and agreed that the Association shall pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/Ideological Expenditures. The remedies set forth in this policy shall be exclusive, and unless and until the procedures set forth therein have been availed provision for deduction of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit memberunion dues and/or agency or service fees, the employer will deduct the appropriate amount benefit of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for employees requesting same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right Employer is under, no obligation, to compromise demand or request that employees authorize such deduction as a condition of employment and settle any dispute involving an involuntary deduction under this Article, further that the Association will indemnify and hold obligation of the Board harmless against and from any and all claims, demands, suits, or other forms of liability Employer does not extend beyond that may arise out of or by reason of action taken by the Board for the purpose of complying with this Articlehereinbefore set forth. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 1 contract

Samples: Master Contract

Agency Shop. Section A. Current All bargaining unit members as a condition of continued employment shall either: 1. Sign and deliver to the Board an assignment authorizing deduction of membership dues and assessments of the Association members and all new employees hired after July 1, 1994 such authorization shall continue in effect from year to year unless revoked in writing between June 1 and September 1 of a position covered by this agreement shall given year or; 2. Any bargaining unit member who is not a member of the Association in good standing within thirty (30) calendar days of their hire by the Employer become members of the Association, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/Ideological Expenditures. The remedies set forth in this policy shall be exclusive, and unless and until the procedures set forth therein have been availed of and exhausted, all other administrative and judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wagesfirst workday shall join the Association, or pay a service fee determined by the Association. The deductions will be made in equal amounts from bargaining unit member may authorize payroll deduction for such dues or fee. In the paychecks of event that the bargaining unit member beginning with shall not pay such service fee directly to the first pay following receipt Association or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477, and at the request of the written authorization Association, deduct the service fee from the bargaining unit member or member’s wages and remit the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted same to the Association. The procedure for involuntary deduction shall be as follows: a. The Association shall notify the bargaining unit member of non-compliance by certified mail, or its designee, no later than return receipt requested. Said notice shall detail the twenty non- compliance and shall provide ten (2010) days following each deductionfor 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. Section D. b. If any the bargaining unit member fails to authorize or remit dues or the service feefee or authorize deduction for same, the Association may request the Board to make such deduction pursuant to Section A2, above. At the next meeting of the Board following . c. The Board, upon receipt of such a requestrequest for involuntary deduction, the Board will shall provide the teacher bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the teacher bargaining unit member has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it d. All bargaining unit members new to the District will be determined as a result informed of this hearing requirement when being offered employment in the District. 3. Pursuant to Chicago Teachers Union vs. Xxxxxx, 000 X Xx 0000 (1986), the Association has established a “Policy Regarding Objections to Political- Ideological Expenditures.” That Policy, and the administrative procedures (including the timetable for payment) pursuant thereto, applies only to non- Association members who are included in the bargaining unit. The remedies set forth in the 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 driver concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement. Due to certain requirements established in recent court decisions, the Association represents that the service amount of the fee has charged to non-members, along with other required information, may not been remitted 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 Association payment or has not been authorized for payroll deduction, non-payment of the representation fee by non-members shall be activated thirty (30) days following the Association’s notification to non-members of the fee for that given school year. All bargaining unit members new to the District will be deducted informed of this requirement when being offered employment in equal installments from the District. 4. The Association agrees promptly to advise the Board of all members of the bargaining unit member’s remaining paychecks, with who have not fulfilled the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association above provisions and its counsel, and the Association’s right to compromise and settle furnish any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken information needed by the Board for to fulfill the purpose of complying with this Article. Section G. If any provision of this Article is deemed invalid under Federal Article. The Board agrees promptly to advise the Association of all additions, deletions, or State Law, said provision shall be modified to comply with change in status of members of the requirements of said Federal or State Lawbargaining unit.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July 1, 1994 to a position covered by this agreement shall within Within thirty (30) calendar days from the first day of their hire active employment such employee shall sign and deliver written authorization to the Board to payroll deduct either: 1. Membership dues or; 2. Service fees in an amount not to exceed the amount of dues uniformly required to be paid by the Employer become members of the Association. 3. In the event that the bargaining unit member shall not pay such Service Fee directly to the Association, or in authorize payment through payroll deduction, the alternativeemployer shall, shall pay pursuant to MCLA 408.477; MSA 17.27 (7) and the written request of the Association, deduct the Service Fee from the bargaining unit member’s wages and remit the same to the Association each month a service fee, in accordance with its policies and proceduresAssociation. Section B. Bargaining unit members in accordance with Section A4. Pursuant to Chicago Teachers Union Vs. Xxxxxx, not joining 106 (1986), the Association shall pay Union has established a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures ―Policy Regarding Objections to Political-Ideological Expenditures.‖ That Policy, and the Political/Ideological Expendituresadministrative procedures (including the time-table for payment) pursuant thereto, apply only to non-union bargaining unit members. The remedies set forth in this policy that Policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review there, shall have been availed of and the exhausted, all no dispute, claim or complaint by an interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or any other administrative and or judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wagesprocedure. The deductions will be made in equal amounts from the paychecks Michigan Education Association shall provide to all non- members copies of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right Policy and Procedures. 5. The Association agrees to compromise and settle assume the legal defense of any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold suit or action brought against the Board regarding this Article of the collective agreement. The Association further agrees to indemnify the Board for any costs or damages which may be assessed against the Board as the result of said suit or action. B. It is expressly understood that this article is specifically not subject to the grievance procedure as outlined in this agreement. C. The Association agrees to save and indemnify the Board, including each individual Board member, harmless against and from any and all claims, demands, costs, suits, or other forms of liability that may arise out of or by reason of an action taken by the Board for the purpose of complying with an employee relating to this Articlearticle. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision D. The dues shall be modified to comply with the requirements of said Federal or State Lawdeducted in sixteen (16) equal monthly installments, September through April.

Appears in 1 contract

Samples: Master Agreement

Agency Shop. Section A. Current On or before the 15th day of September of each year, the Association members and all new employees Treasurer shall be provided with a list of bargaining unit personnel by the business office. Notification of those hired after July 1, 1994 to a position covered by this agreement September 15 shall within thirty (30) calendar days of their hire by the Employer become members of the Association, or in the alternative, shall pay be given to the Association Treasurer within ten (10) workdays following hire. The Association Treasurer shall certify to the business office by October 12 of each month a year the amount of the annual membership dues and/or representation service feefees required of Association members and/or non-member fee payers. For those hired after September 15, in accordance with its policies and procedures. Section B. Bargaining unit members in accordance with Section A, not joining the Association Treasurer shall pay a Service Fee certify the amount of dues and/or representation fee to the business office within ten (10) work days from notification of hire. The Board shall deduct such amounts from the salary payments to the bargaining unit personnel in equal installments over nineteen (19) pays, as nearly as may be made, from the paychecks of each employee who has executed an individual contract of employment and shall transmit the amounts deducted to the Association as determined in accordance with Treasurer within three (3) work days of the MEA deduction. Pursuant to Chicago Teachers Union vs. Xxxxxx, 106 S.Ct. 1066 (1986), the union has established a "Policy regarding objections of political-ideological expenditures." That policy, and Procedures Regarding Objections the administrative procedures (including the timetable for payment) pursuant thereto, applies only to the Political/Ideological Expendituresnon-union employees. The remedies set forth in this that policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review there shall have been availed of and exhausted, all no dispute, claim or complaint by an objecting employees concerning the application and interpretation of this article shall be subject to the grievance procedures set forth in this Agreement, or any other administrative and or judicial procedures shall be barredprocedure. Section B. The Board also agrees to provide for payroll deductions for the United Fund, the Credit Union, annuities, banks, and any other programs mutually agreed upon by the parties when ten (10) or more employees sign forms for payroll deduction from the same company (vendor). Payroll deductions as of September 1, 2009 will be honored regardless of the number of current participants. The 403b and 457 Plan offered by the district shall include MEAFS as a vendor. C. Upon written authorization by a bargaining unit The Association agrees to indemnify and save the Board, including each individual school board member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, costs, suits, or other forms of liability including back pay and all court or administrative agency costs that may arise out of or by reason of of, action taken by the Board for the purpose of complying with this ArticleAgreement, provided: 1. The Board gives timely notice of such action to the Association; and 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July 1, 1994 to a position covered by this agreement shall within Within thirty (30) calendar days from the first day of their hire active employment such employee shall sign and deliver written authorization to the Board to payroll deduct either: 1. Membership dues or; 2. Service fees in an amount not to exceed the amount of dues uniformly required to be paid by the Employer become members of the Association. 3. In the event that the bargaining unit member shall not pay such Service Fee directly to the Association, or in authorize payment through payroll deduction, the alternativeemployer shall, shall pay pursuant to MCLA 408.477; MSA 17.27 (7) and the written request of the Association, deduct the Service Fee from the bargaining unit member’s wages and remit the same to the Association each month a service fee, in accordance with its policies and proceduresAssociation. Section B. Bargaining unit members in accordance with Section A4. Pursuant to Chicago Teachers Union Vs. Xxxxxx, not joining 106 (1986), the Association shall pay Union has established a Service Fee to the Association as determined in accordance with the MEA Policy and Procedures Regarding Objections to the Political/-Ideological Expenditures.” That Policy, and the administrative procedures (including the time-table for payment) pursuant thereto, apply only to non-union bargaining unit members. The remedies set forth in this policy that Policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review there, shall have been availed of and the exhausted, all no dispute, claim or complaint by an interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or any other administrative and or judicial procedures shall be barred. Section C. Upon written authorization by a bargaining unit member, the employer will deduct the appropriate amount of the dues or service fees from the bargaining unit member’s wagesprocedure. The deductions will be made in equal amounts from the paychecks Michigan Education Association shall provide to all non- members copies of the bargaining unit member beginning with the first pay following receipt of the written authorization from the bargaining unit member or the Association and continuing through the last pay period in June of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any bargaining unit member fails to authorize or remit dues or the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, and the Association’s right Policy and Procedures. 5. The Association agrees to compromise and settle assume the legal defense of any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold suit or action brought against the Board regarding this Article of the collective agreement. The Association further agrees to indemnify the Board for any costs or damages which may be assessed against the Board as the result of said suit or action. B. It is expressly understood that this article is specifically not subject to the grievance procedure as outlined in this agreement. C. The Association agrees to save and indemnify the Board, including each individual Board member, harmless against and from any and all claims, demands, costs, suits, or other forms of liability that may arise out of or by reason of an action taken by the Board for the purpose of complying with an employee relating to this Articlearticle. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision D. The dues shall be modified to comply with the requirements of said Federal or State Lawdeducted in sixteen (16) equal monthly installments, September through April.

Appears in 1 contract

Samples: Master Agreement

Agency Shop. Section A. Current Association members and all new employees hired after July Each bargaining unit member shall, as a condition of employment: 1, 1994 to a position covered by this agreement shall within . On or before thirty (30) calendar days from the date of their hire by commencement of duties or the Employer become members effective date of this Agreement, whichever is later, join the AssociationUnion, or in the alternative, shall pay to the Association each month a service fee, in accordance with its policies and procedures.or Section B. Bargaining unit members in accordance with Section A, not joining the Association shall pay 2. Pay a Service Fee to the Association as determined in accordance with Union, pursuant to the MEA Union’s “Policy and Procedures Regarding Objections to the Political/-Ideological Expenditures” and the Administrative Procedure adopted pursuant to that policy. The Service Fee shall not exceed the amount of union dues collected from union members. The bargaining unit member may authorize payroll deduction for such fee. In the event that the bargaining unit member shall not pay such Service Fee directly to the Union, or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477; and at the request of the Union, deduct the Service Fee from the bargaining unit member’s wages and remit same to the Union. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each affected bargaining unit member. Monies so deducted shall be remitted to the Union, or its designee, no later than twenty (20) days following deduction. B. Pursuant to Chicago Teachers Union v Xxxxxx, 000 X Xx 0000 (1986), the Union has established a “Policy Regarding Objections to Political-Ideological Expenditure.” 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 this that policy shall be exclusive, and unless and until the procedures set forth therein such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, all 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, or any other administrative and or judicial procedures shall be barredprocedure. Section C. Upon written authorization by a Any bargaining unit membermember who is a member of the Union, or who has applied for membership, may sign and deliver to the Employer an assignment authorizing deduction of dues, assessments and contributions to the Union as established by the Union. Such authorization shall continue in effect from year-to-year unless revoked according to the procedures outlined in the Michigan Education Association (MEA) Constitution, Bylaws and Administrative Procedures. Pursuant to such authorization, the employer will Employer shall deduct the appropriate amount one-tenth of the dues or service fees such dues, assessments and contributions from the bargaining unit member’s wages. The deductions will be made in equal amounts from the paychecks regular salary check of the bargaining unit member each month for ten (10) months, beginning with the first pay following receipt in September and ending in June of the each year. D. Upon appropriate written authorization from the bargaining unit member or member, the Association and continuing through Employer shall deduct from the last pay period in June wages of Each year. Moneys so deducted will be transmitted to the Association, or its designee, no later than the twenty (20) days following each deduction. Section D. If any such bargaining unit member fails to authorize and make appropriate remittance for MEA Financial Services programs and annuities, MESSA programs not fully Employer-paid, credit union, savings bonds, charitable donations contributions or remit dues any other plans or programs jointly approved by the service fee, the Association may request the Board to make such deduction pursuant to Section A, above. At the next meeting of the Board following receipt of such a request, the Board will provide the teacher with opportunity for a due process hearing limited to the question of whether or not the teacher has remitted the service fee to the Association or authorized payroll deduction for same. Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association or has not been authorized for payroll deduction, the fee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, with the final deduction being made in June. Section F. In exchange for the Board’s cooperation with the Association and its counsel, Union and the Association’s right to compromise and settle any dispute involving an involuntary deduction under this Article, the Association will indemnify and hold the Board harmless against and from any and all claims, demands, suits, or other forms of liability that may arise out of or by reason of action taken by the Board for the purpose of complying with this ArticleEmployer. Section G. If any provision of this Article is deemed invalid under Federal or State Law, said provision shall be modified to comply with the requirements of said Federal or State Law.

Appears in 1 contract

Samples: Master Agreement

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