Agency Shop. A. 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 charge 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 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 a list of names of non-members at least fifteen days prior to the deduction of the Agency Fee. B. The Half Hollow Hills Teachers Association has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Education. C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Agency Shop. Section A. Pursuant 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 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 charge toward fee, in accordance with its policies and procedures.
Section B. Bargaining unit members in accordance with Section A, not joining the administration 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 this Agreement and exhausted, all other administrative and judicial procedures shall be barred.
Section C. Upon written authorization by a bargaining unit member, the representation of such employee; provided, however, that each employee employer will have available to his/her membership in deduct the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member appropriate amount of the Uniondues or service fees from the bargaining unit member’s wages. The service charge shall deductions will be an amount made in equal to amounts from 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 a list of names of non-members at least fifteen days prior to the deduction of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by members paychecks of the bargaining unit, for unit member beginning with the return of that portion first pay following receipt of the Agency Fee 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, if anythe Association may request the Board to make such deduction pursuant to Section A, which represents above. At the 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 prior approval next meeting of the Board following receipt of Educationsuch 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.
C. The Half Hollow Hills Teachers' Section E. Should it be determined as a result of this hearing that the service fee has not been remitted to the Association herewith indemnifies and saves or has not been authorized for payroll deduction, the School Districtfee will be deducted in equal installments from the bargaining unit member’s remaining paychecks, Board of Education with the final deduction being made in June.
Section F. In exchange for the Board’s cooperation with the Association and its employeescounsel, 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 lawsuitsclaims, actionsdemands, suits, or proceedings at law before other forms of liability that may arise out of or by reason of action taken by the courts or an administrative agency arising from 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
Agency Shop. A. Pursuant to 1. Each bargaining unit member shall, as a condition of employment, (1) on or before thirty (30) days from the passage date of legislation enabling the implementation commencement of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after duties or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, 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 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 at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to 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 employee will year. In the event such authorization is revoked at any time the teacher shall within thirty (30) days, pay in one lump sum to the Half Hollow Hills Teachers' 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 charge toward list of teachers from whom such deductions have been made.
2. Pursuant to Chicago Teachers Union v Xxxxxx, 106.S Ct 1066 (1986), the administration Union has established a "Policy Regarding Objections to 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 that Policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review there, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Agreement and Article shall be subject to the representation of such employee; providedgrievance procedure set forth in this Agreement, however, that each employee will have available to his/her membership in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every or any other administrative or judicial procedure.
3. Any bargaining unit member who is a member of the Union. The service charge shall be an amount equal Association, or who has applied for membership, may sign and deliver to the collective 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 shall deduct one-twentieth of such dues, assessments and contributions spread over twenty (20) pays from the regular salary check of the bargaining agent's monthly dues for unit member each month thereafterfor ten (10) months, beginning in September and ending in June of each year.
4. The Half Hollow Hills Central School District shall deduct such fee in With respect to all sums deducted by the same manner Board pursuant to authorization of the employee, for membership dues are deducted. The Half Hollow Hills Teachers' dues, the Board agrees to remit the monies to the Association shall supply the School District Membership Chair along with a list of names 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 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 the Board. It is further agreed that no new annuity program or other program deferring compensation shall be added to the list of approved programs beyond those approved as of July 1, 1992, unless said program enrolls at least five (5) employees of the District as participants.
6. On or before the tenth day of each month the Board shall deliver to each teacher an itemized statement of all expenditures made by the Board during the preceding calendar month to the benefit of the teacher based upon salary deductions or upon contributions by the Board for insurance, retirement, or any other purpose.
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 at least fifteen days prior until mid school year (December, January, or February). Consequently, the parties agree that the procedures in this Article relating to the deduction payment or non-payment of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted representation fee by non-members shall be activated thirty (30) days following the Association's notification to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by non-members of the bargaining unit, fee for the return of that portion of the Agency Fee deduction, if any, which represents the employee's pro- rata share of expenditures by the 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 prior approval of the Board of Educationgiven school year.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Agency Shop. A. Pursuant to 9.1 The Board agrees that it shall be a condition of employment that all currently employed teachers, and any new teachers employed by the passage of legislation enabling the implementation of Agency Shop FeeBoard, the Half Hollow Hills Central School District does hereby agree that no later than fifteen shall within thirty days (30) days after the effective date of this Agreement or fifteen days after the effective date commencement of employment, whichever 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 laternot paid, each employee will pay the Half Hollow Hills Teachers' Board, upon receiving a written and signed complaint from the Association each month a service charge toward indicating the administration of teacher has failed to comply with this Agreement and condition, shall process said complaint in accordance with the representation of such employee; provided, however, that each employee will have available to his/her membership in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member following procedures:
1. The amount of the UnionService 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). The service charge 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 an activated thirty (30) calendar days following the MEA notification to non-members of the fee for that given school year.
2. At the close of the thirty (30) calendar day notification period regarding the amount equal of the Service Fee for that school year, the Association shall provide 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 a list of names of non-members at least fifteen 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 appropriate payroll deduction for the remainder of the school year.
3. The Association shall then 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) calendar days prior for compliance, and shall further advise the recipient that a request for wage deduction will be filed with the Board in the event compliance is not effected.
4. If the bargaining unit member fails to remit the Service Fee or authorize deduction for same, the Association shall request the Board to make such deduction pursuant to the procedures outlined herein.
5. The Board upon receipt of a request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing. This hearing shall address the question of whether or not the bargaining unit member has remitted the Service Fee to the Association or authorized payroll deduction of same. The Board shall hold the Agency Feedue process hearing at its next regularly scheduled meeting subsequent to the Association making its request for the deduction.
B. The Half Hollow Hills Teachers Association 6. If as a result of the due process hearing, it is determined that the bargaining unit member has submitted failed to remit the Service Fee to the DistrictAssociation or has failed to authorize a payroll deduction of same, pursuant to Chapter 677 the District shall begin payroll deducting the Service Fee beginning with the next pay period following the hearing. The deductions shall be spread-out in equal amounts over the remaining pay periods of the Laws of 1977 current school year, with the final payment due in the last pay of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Educationregular school year payroll schedule.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Agency Shop. A. 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 All teachers following thirty (30) days after the effective date of this Agreement or fifteen thirty (30) days after the effective date commencement of employment, whichever is comes later, each employee will shall have deducted from their pay the Half Hollow Hills Teachers' Association each month a service charge 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 the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member monthly either:
1. Membership dues of the UnionAssociation, or
2. The A representation service charge shall be an fee, but not more than the amount equal to the collective bargaining agent's monthly of 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 a list uniformly required of names of non-members at least fifteen days prior to the deduction of the Agency FeeAssociation.
B. The Half Hollow Hills Teachers Association has submitted shall certify to the District, pursuant to Chapter 677 Board at the beginning of each school year the membership of the Laws Association subject to deduction of 1977 membership dues and the amount of the State monthly Association dues to be deducted. The Association shall also certify to the Board at the beginning of New York a procedure providing for each year the processing amount of demandsthe monthly representation service fee to be deducted, by but not more than the amount of dues uniformly required of members of the bargaining unitAssociation. These amounts so certified and deducted shall be forwarded to the Association, for provided that when a teacher objects to the return legitimacy of that portion such deduction, the deduction shall be discontinued until a determination of the Agency Fee deductionlegitimacy of the deduction has been adjudicated to finality in the proper administrative and/or judicial forums. Pursuant to Chicago Teachers Union V Xxxxxx, if any000 X CT 1066 (1986), which represents the employee's pro- rata share of expenditures 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 and will be provided to them by the Half Hollow Hills Teachers' Association in aid of activities or causes only incidentally related to negotiation of terms and/or conditions of employmentAssociation. The aforementioned remedies set forth in such policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure shall not be substantially changed without the prior approval of the Board of Educationset forth in this Agreement, or any other administrative or judicial procedure.
C. The Half Hollow Hills Teachers' Association herewith indemnifies agrees to indemnify and saves hold the School DistrictBoard, including each individual Board of Education and its employeesmember, harmless from against any and all lawsuitsclaims, actionsdemands, costs suits, damages, awards, judgments or proceedings at law before the courts or an other forms of liability including but not limited to back pay and all court and administrative agency arising from costs that may arise out of or by reason of any action taken by the Board for the purpose of complying with this Article. It is specifically and expressly agreed that any 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 section.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Agency Shop. A. Pursuant to Each bargaining unit member, shall as a condition of employment on or before thirty (30) days from the passage date of legislation enabling the implementation commencement of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after duties or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, whichever is later, each employee will join the MESPA or pay the Half Hollow Hills Teachers' Association each month a service charge toward fee to the administration MESPA equivalent to the amount of this Agreement and the representation of such employee; provided, however, that each employee will have available to his/her membership in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member dues uniformly required of the Unionmembers of the MESPA, less any amounts not permitted by law. In the event the bargaining unit member shall not pay such service fee directly to the MESPA or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408-477; MSA 17.2777(7) and at the request of the MESPA, deduct the service fee from the bargaining unit member's wages and remit same to the MESPA under the procedure below. Such monies shall be remitted to the MESPA or its designee no later than twenty (20) days following deduction. 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 procedure in the same manner the membership dues are deducted. The Half Hollow Hills Teachers' Association shall supply the School District with a list of names 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.
2. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the MESPA may request the Board to make such deduction pursuant to Paragraph 1, above.
3. The Board, upon receipt of request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the member has remitted the service fee to the MESPA or authorized payroll deduction for same.
4. Payroll deductions made pursuant to the procedure outlined above shall be made in equal amounts as nearly as may be from the paychecks of the bargaining unit member 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 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 is by error in excess of the proper deduction. The Board agrees to assist the MESPA in finding any mathematical errors with respect to refund claims.
7. The MESPA shall indemnify and 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 the MESPA security/agency shop provision of this Article. The MESPA shall, when the Board is 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 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 judicial 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, 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 activated thirty (30) days following the MESPA's notification to non-members of the fee for that given school year.
10. The MESPA shall certify at least annually to the District, fifteen (15) days prior to the deduction date of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted 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, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of and that portion of the Agency Fee deduction, if any, which represents the employee's pro- rata share of expenditures said service fee includes only those amounts permitted by the Half Hollow Hills Teachers' Association Agreement and by law. Further, the MESPA agrees to timely notify the District in aid 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 activities or causes only incidentally related notice that such an order has been entered, the District intends to negotiation of terms and/or conditions of employment. The aforementioned procedure shall not be substantially changed without the prior approval of the Board of Education.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from 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. A. Pursuant to 1. Each bargaining unit member shall, as a condition of employment, (1) on or before thirty (30) days from the passage date of legislation enabling the implementation commencement of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after duties or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, 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 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 at the request of the Association, deduct the Service Fee from the bargaining unit member's wages and remit same to 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 employee will year. In the event such authorization is revoked at any time the teacher shall within thirty (30) days, pay in one lump sum to the Half Hollow Hills Teachers' 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 charge toward list of teachers from whom such deductions have been made.
2. Pursuant to Chicago Teachers Union v Xxxxxx, 106.S Ct 1066 (1986), the administration Union has established a "Policy Regarding Objections to 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 that Policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review there, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Agreement and Article shall be subject to the representation of such employee; providedgrievance procedure set forth in this Agreement, however, that each employee will have available to his/her membership in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every or any other administrative or judicial procedure.
3. Any bargaining unit member who is a member of the Union. The service charge shall be an amount equal Association, or who has applied for membership, may sign and deliver to the collective bargaining agent's monthly dues for each month thereafterEmployer an assignment authorizing deduction of dues, assessments and contributions in the Association as established by the Association. The Half Hollow Hills Central School District 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 shall deduct one- twentieth of such fee in the same manner the membership dues are deducted. The Half Hollow Hills Teachers' Association shall supply the School District with a list of names of non-members at least fifteen days prior to the deduction of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted to the Districtdues, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Education.
C. The Half Hollow Hills Teachers' Association herewith indemnifies assessments and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.contributions spread over twenty
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Agency Shop. A. Pursuant Within thirty (30) calendar days from the first day of active employment such employee shall sign and deliver written authorization 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 charge toward the administration of this Agreement and the representation of such employee; provided, however, that each employee will have available Board to his/her membership payroll deduct either:
1. Membership dues or;
2. Service fees in 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 not to exceed the collective bargaining agent's monthly amount of 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 a list of names of non-members at least fifteen days prior uniformly required to the deduction of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, be paid by members of the Association.
3. In the event that the bargaining unitunit member shall not pay such Service Fee directly to the Association, for or authorize payment through payroll deduction, the return of that portion employer shall, pursuant to MCLA 408.477; MSA 17.27 (7) and the written request of the Agency Association, deduct the Service Fee deductionfrom the bargaining unit member’s wages and remit the same to the Association.
4. Pursuant to Chicago Teachers Union Vs. Xxxxxx, if any106 (1986), which represents the employee's pro- rata share of expenditures by Union has established a ―Policy Regarding Objections to Political-Ideological Expenditures.‖ That Policy, and the Half Hollow Hills Teachers' Association in aid of activities or causes administrative procedures (including the time-table for payment) pursuant thereto, apply only incidentally related to negotiation of terms and/or conditions of employmentnon-union bargaining unit members. The aforementioned procedure remedies set forth in that Policy shall not be substantially changed without the prior approval exclusive, and unless and until such procedures, including any administrative or judicial review there, shall have been availed of the exhausted, 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 or judicial procedure. The Michigan Education Association shall provide to all non- members copies of the Association’s Policy and Procedures.
5. The Association agrees to assume the legal defense of any suit or action brought against the Board regarding this Article of Educationthe 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 Half Hollow Hills Teachers' Association herewith indemnifies agrees to save and saves indemnify the School DistrictBoard, including each individual Board of Education and its employeesmember, harmless from against any and all lawsuitsclaims, actionsdemands, costs, suits, or proceedings at law before the courts other forms of liability that may arise out of or by reason of an administrative agency arising from action taken by an employee relating to this Articlearticle.
D. The dues shall be deducted in sixteen (16) equal monthly installments, September through April.
Appears in 1 contract
Samples: Master Agreement
Agency Shop. A. Pursuant to Service Fees Each bargaining unit member shall, as a condition of employment:
1. On or before sixty (60) days from the passage date of legislation enabling the implementation commencement of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after duties or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, whichever is later, each employee will pay join the Half Hollow Hills Teachers' Association each month Union or
2. Pay a service charge toward Service Fee to the administration of this Agreement Union, pursuant to the Union’s “Policy Regarding Objections to Political-Ideological Expenditures” and the representation 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 employeefee. 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; provided, however, that each employee will have available to his/her membership in MSA 17.277(7) and at the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member request of the Union, deduct the Service Fee from the bargaining unit member’s wages and remit same to the Union. The service charge Payroll deductions made pursuant to this provision shall be an amount 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 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 a list of names of non-members at least fifteen Union, or its designee, no later than twenty (20) days prior to the deduction of the Agency Feefollowing 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 Half Hollow Hills Teachers Association has submitted remedies set forth in that policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Article shall be subject to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a grievance procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the employee's pro- rata share of expenditures by the Half Hollow Hills Teachers' Association set forth 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 prior approval of the Board of Education.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actionsthis Agreement, or proceedings at law before the courts any other administrative or an administrative agency arising from this Articlejudicial procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. A. Pursuant to Each Bargaining Unit Member shall, as a condition of employment,
1. On or before thirty (30) days from the passage date of legislation enabling the implementation commencement of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after duties or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, whichever is later, each employee will pay join the Half Hollow Hills Teachers' Association each month Association/Union, or
2. Pay a service charge toward Service Fee to the administration of this Agreement Association, pursuant to the Association's “Policy Regarding Ob- jections to Political-Ideological Expenditures” and the representation Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association Members. The Bargaining Unit Member may authorize payroll deduction for such employeefee. In the event that the Bargaining Unit Member shall not pay such Service Fee directly to the Asso- ciation, or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477; provided, however, that each employee will have available to his/her membership in MSA 17.277(7) and at the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member request of the UnionAssociation, deduct the Service Fee from the Bargaining Unit Member's wages and remit same to the Association. The service charge Payroll deductions made pursuant to this provision shall be an amount made in equal amounts, as nearly as may be, from the pay- checks of each Bargaining Unit Member. Monies so deducted shall be remitted 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 a list of names of non-members at least fifteen Associa- tion, or its designee, no later than twenty (20) days prior to the deduction of the Agency Feefollowing deduction.
B. The Half Hollow Hills Teachers On or before the opening day of school, the Association has submitted shall deliver to the District, pursuant to Chapter 677 Superintendent a writ- ten signed statement indicating the proportionate share of the Laws cost of 1977 of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Educationnegotiating and administer- ing this contract.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves agrees to hold the School District, Board of Education and its employees, harmless from for any and all lawsuitscosts, actionsfees, charges, back pay awards, or proceedings liability arising out of enforcement of this Article. Any such costs that may arise shall be paid by the Association directly to the proper party and at law before no time shall the courts Board be required to pay any money to any party or an administrative agency arising from individual as a result of this Article.
D. The provisions of Article I, Section C, shall apply to representation fee where the Board receives a written authorization card.
Appears in 1 contract
Samples: Master Contract
Agency Shop. A. Pursuant to 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) on or before thirty (30) days from the passage first day 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 active employment or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, whichever is later, join the Association, or (2) pay a Service Fee to the Association, pursuant to the Association’s “Policy Regarding Objections to Political-Ideological Expenditures” and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the amount of Association dues collected from Association members. The 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 at the request of the Association, deduct the Service Fee from the bargaining unit member’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made in equal amounts, as nearly as may be, from the paychecks of each employee will pay bargaining unit member. Moneys so deducted shall be remitted to the Half Hollow Hills Teachers' Association, or its designee, no later than twenty (20) days following deduction.
C. Pursuant to Chicago Teachers Union v Xxxxxx, 106 S Ct 1066 (1986), the Association each month has established a service charge toward “Policy Regarding Objections to Political-Ideological Expenditures.” That Policy, and the administration Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that Policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Agreement and Article shall be subject to the representation of such employee; provided, however, that each employee will have available to his/her membership grievance procedure set forth in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other this Agreement.
D. Any bargaining unit member who is a member of the Union. The service charge shall be an amount equal Association, or who has applied for membership, may sign and deliver to the collective bargaining agent's monthly dues for each month thereafterEmployer an assignment authorizing deduction of dues, assessments and contributions to the Association as established by the Association. The Half Hollow Hills Central School District 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 fee dues, assessments and contributions from the regular salary check of the bargaining unit member each pay period for twenty (20) pays, beginning in September and ending in June of each year.
E. Upon appropriate written authorization from the same manner bargaining unit member, the membership dues are deducted. The Half Hollow Hills Teachers' Employer shall deduct from the wages of any such member and make appropriate remittance for MEA-FS’s MEA-sponsored programs (tax-deferred annuities, auto insurance, homeowner’s insurance, etc.), MESSA programs not fully Employer-paid, credit union, savings bonds, charitable donations, contributions or any other plans or programs jointly approved by the Association shall supply and Employer.
F. Due to certain requirements established in court decisions, the School District with a list parties acknowledge that the amount of names of the Service Fee charged to non-members at least fifteen days prior 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 deduction payment or non-payment of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted representation Service Fee by non-members shall be activated no earlier than thirty (30) days following the Association’s notification to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by non-members of the bargaining unit, Service Fee for the return of that portion of the Agency Fee deduction, if any, which represents the employee's pro- rata share of expenditures by the 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 prior approval of the Board of Educationgiven school year.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 1 contract
Samples: Master Agreement
Agency Shop. A. Pursuant All bargaining unit members as a condition of continued employment shall either:
1. Sign and deliver to the passage Board an assignment authorizing deduction of legislation enabling membership dues and assessments of the implementation Association and such authorization shall continue in effect from year to year unless revoked in writing between June 1 and September 1 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 a given year or;
2. Any bargaining unit member who is later, each employee will pay the Half Hollow Hills Teachers' Association each month not a service charge 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 the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member of the UnionAssociation in good standing within thirty (30) days from the bargaining unit member’s first workday shall join the Association, or pay a service fee determined by the Association. The bargaining unit member may authorize payroll deduction for such dues or fee. In the event that the bargaining unit member shall not pay such service charge fee directly to the Association or authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477, and at the request of the Association, deduct the service fee from the bargaining unit member’s wages and remit the same to the Association. The procedure for involuntary deduction shall be an amount equal to the collective bargaining agent's monthly dues for each month thereafter. as follows:
a. 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 notify the School District with a list of names bargaining unit member of non-members at least fifteen compliance by certified mail, return receipt requested. Said notice shall detail the non- compliance and shall provide ten (10) days prior for compliance and shall further advise the recipient that a request for wage deduction may be filed with the Board in the event compliance is not effected.
b. If the bargaining unit member fails to remit the service fee or authorize deduction for same, the Association may request the Board to make such deduction pursuant to Section 2, above.
c. The Board, upon receipt of request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing limited to the question of whether or not the bargaining unit member has remitted the service fee to the Association or authorized payroll deduction for same.
d. All bargaining unit members new to the District will be informed of this 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 amount of the Agency Feefee 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 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 informed of this requirement when being offered employment in the District.
B. 4. The Half Hollow Hills Teachers Association has submitted agrees promptly to advise the District, pursuant to Chapter 677 Board of all members of the Laws bargaining unit who have not fulfilled the above provisions and to furnish any other information needed by the Board to fulfill the provision of 1977 this Article. The Board agrees promptly to advise the Association of the State all additions, deletions, or change in status of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Education.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. A. 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 3.2.6 of this Agreement, or cause to be paid to the ASSOCIATION a representation fee equivalent to the dues and assessments levied by the said ASSOCIATION on their membership. In the event that a teacher’s dues or representation fee shall remain unpaid for a period of thirty (30) days following commencement of 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 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 provisions 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 passage ASSOCIATION established a procedure set forth in the “Policy Regarding Objections to Political-Ideological Expenditures.” If any person paying service fees hereunder objects to the expenditure by the ASSOCIATION (including MEA or NEA) of legislation enabling 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; however, challenge to any such expenditure shall not relieve the person of the obligation of paying the service fee or any portion thereof pending final determination and unless and until such procedures, including any judicial review thereof, shall have been availed of and exhausted, no dispute, claim, or complaint by such objecting bargaining unit member concerning the application and interpretation of the Article shall be subject to the grievance procedure set forth in this Agreement, or any other administrative or judicial procedure. The MEA/NEA will defend any action or complaint brought against the BOARD and/or the Xxxxxx Xxxxx School District under state or federal law as a result of the implementation of Agency Shop Feethe above paragraph, and the Half Hollow Hills Central MEA/NEA will further indemnify the BOARD and/or the Xxxxxx Xxxxx 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 charge 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 the Half Hollow Hills Teachers' Association on event an adverse judgment is entered against the same terms and conditions BOARD and/or Xxxxxx Xxxxx School District under state or federal law as are available to every other member a result 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 a list of names of non-members at least fifteen days prior to the deduction implementation of the Agency Feeabove paragraph.
B. The Half Hollow Hills Teachers Association has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Education.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. A. Pursuant to Each bargaining unit member shall, as a condition of employment:
1. On or before thirty (30) days from the passage date of legislation enabling the implementation commencement of Agency Shop Fee, the Half Hollow Hills Central School District does hereby agree that no later than fifteen days after duties or the effective date of this Agreement or fifteen days after the effective date of employmentAgreement, whichever is later, join the Union, or
2. Pay a Service Fee to the Union, pursuant to the Union’s “Policy Regarding Objections to 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 employee will pay affected bargaining unit member. Monies so deducted shall be remitted to the Half Hollow Hills Teachers' Association each month 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 service charge toward “Policy Regarding Objections to Political-Ideological Expenditure.” That Policy, and the administration Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies set forth in that policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting bargaining unit member concerning the application and interpretation of this Agreement and Article shall be subject to the representation of such employee; providedgrievance procedure set forth in this Agreement, however, that each employee will have available to his/her membership in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every or any other administrative or judicial procedure.
C. Any bargaining unit member who is a member of the Union. The service charge shall be an amount equal , or who has applied for membership, may sign and deliver to the collective bargaining agent's monthly dues for each month thereafterEmployer an assignment authorizing deduction of dues, assessments and contributions to the Union as established by the Union. The Half Hollow Hills Central School District 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 shall deduct one-tenth of such fee in dues, assessments and contributions from the same manner the membership dues are deducted. The Half Hollow Hills Teachers' Association shall supply the School District with a list of names of non-members at least fifteen days prior to the deduction of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, by members regular salary check of the bargaining unitunit member each month for ten (10) months, beginning in September and ending in June of each year.
D. Upon appropriate written authorization from the bargaining unit member, the Employer shall deduct from the wages of any such bargaining unit member and make appropriate remittance for the return of that portion of the Agency Fee deductionMEA Financial Services programs and annuities, if anyMESSA programs not fully Employer-paid, which represents the employee's pro- rata share of expenditures credit union, savings bonds, charitable donations contributions or any other plans or programs jointly approved 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 Union and the prior approval of the Board of EducationEmployer.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.
Appears in 1 contract
Samples: Master Agreement
Agency Shop. A. Pursuant to On or before the passage 15th day of legislation enabling the implementation September of Agency Shop Feeeach year, 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 charge 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 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 Treasurer 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 provided with a list of names bargaining unit personnel by the business office. Notification of those hired after September 15 shall 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 year the amount of the annual membership dues and/or representation service fees required of Association members and/or non-members at least fifteen days prior member fee payers. For those hired after September 15, the Association Treasurer shall certify the amount of dues and/or representation fee to the deduction 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 Treasurer within three (3) work days of the Agency Feededuction. 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 the administrative procedures (including the timetable for payment) pursuant thereto, applies only to non-union employees. The remedies set forth in that policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review there shall have been availed of and exhausted, 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 or judicial procedure.
B. The Half Hollow Hills Teachers Association has submitted Board also agrees to provide for payroll deductions for the DistrictUnited Fund, pursuant to Chapter 677 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 Laws number of 1977 of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the employee's pro- rata share of expenditures current participants. The 403b and 457 Plan offered 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 district shall not be substantially changed without the prior approval of the Board of Educationinclude MEAFS as a vendor.
C. The Half Hollow Hills Teachers' Association herewith indemnifies agrees to indemnify and saves save the School DistrictBoard, Board of Education and its employeesincluding each individual school board member, harmless from against any and all lawsuitsclaims, actionsdemands, costs, suits, or proceedings at law before the courts other forms of liability including back pay and all court or an administrative agency arising from costs that may arise out of or by reason of, action 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.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Agency Shop. A. Pursuant Within thirty (30) calendar days from the first day of active employment such employee shall sign and deliver written authorization 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 charge toward the administration of this Agreement and the representation of such employee; provided, however, that each employee will have available Board to his/her membership payroll deduct either:
1. Membership dues or;
2. Service fees in 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 not to exceed the collective bargaining agent's monthly amount of 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 a list of names of non-members at least fifteen days prior uniformly required to the deduction of the Agency Fee.
B. The Half Hollow Hills Teachers Association has submitted to the District, pursuant to Chapter 677 of the Laws of 1977 of the State of New York a procedure providing for the processing of demands, be paid by members of the Association.
3. In the event that the bargaining unitunit member shall not pay such Service Fee directly to the Association, for or authorize payment through payroll deduction, the return of that portion employer shall, pursuant to MCLA 408.477; MSA 17.27 (7) and the written request of the Agency Association, deduct the Service Fee deductionfrom the bargaining unit member’s wages and remit the same to the Association.
4. Pursuant to Chicago Teachers Union Vs. Xxxxxx, if any106 (1986), which represents the employee's pro- rata share of expenditures by Union has established a “Policy Regarding Objections to Political-Ideological Expenditures.” That Policy, and the Half Hollow Hills Teachers' Association in aid of activities or causes administrative procedures (including the time-table for payment) pursuant thereto, apply only incidentally related to negotiation of terms and/or conditions of employmentnon-union bargaining unit members. The aforementioned procedure remedies set forth in that Policy shall not be substantially changed without the prior approval exclusive, and unless and until such procedures, including any administrative or judicial review there, shall have been availed of the exhausted, 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 or judicial procedure. The Michigan Education Association shall provide to all non- members copies of the Association’s Policy and Procedures.
5. The Association agrees to assume the legal defense of any suit or action brought against the Board regarding this Article of Educationthe 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 Half Hollow Hills Teachers' Association herewith indemnifies agrees to save and saves indemnify the School DistrictBoard, including each individual Board of Education and its employeesmember, harmless from against any and all lawsuitsclaims, actionsdemands, costs, suits, or proceedings at law before the courts other forms of liability that may arise out of or by reason of an administrative agency arising from action taken by an employee relating to this Articlearticle.
D. The dues shall be deducted in sixteen (16) equal monthly installments, September through April.
Appears in 1 contract
Samples: Master Agreement
Agency Shop. A. Pursuant to 9.1 The Board agrees that it shall be a condition of employment that all currently employed teachers, and any new teachers employed by the passage of legislation enabling the implementation of Agency Shop FeeBoard, the Half Hollow Hills Central School District does hereby agree that no later than fifteen shall within thirty days (30) days after the effective date of this Agreement or fifteen days after the effective date commencement of employment, whichever 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 laternot paid, each employee will pay the Half Hollow Hills Teachers' Board, upon receiving a written and signed complaint from the Association each month a service charge toward indicating the administration of teacher has failed to comply with this Agreement and condition, shall process said complaint in accordance with the representation of such employee; provided, however, that each employee will have available to his/her membership in the Half Hollow Hills Teachers' Association on the same terms and conditions as are available to every other member following procedures:
1. The amount of the UnionService 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). The service charge 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 an activated thirty (30) calendar days following the MEA notification to non-members of the fee for that given school year.
2. At the close of the thirty (30) calendar day notification period regarding the amount equal of the Service Fee for that school year, the Association shall provide 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 a list of names of non-members at least fifteen 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 appropriate payroll deduction for the remainder of the school year.
3. The Association shall then 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) calendar days prior for compliance, and shall further advise the recipient that a request for wage deduction will be filed with the Board in the event compliance is not effected.
4. If the bargaining unit member fails to remit the Service Fee or authorize deduction for same, the Association shall request the Board to make such deduction pursuant to the procedures outlined herein.
5. The Board upon receipt of a request for involuntary deduction, shall provide the bargaining unit member with an opportunity for a due process hearing. This hearing shall address the question of whether or not the bargaining unit member has remitted the Service Fee to the Association or authorized payroll deduction of same. The Board shall hold the Agency Feedue process hearing at its next regularly scheduled meeting subsequent to the Association making its request for the deduction.
B. The Half Hollow Hills Teachers Association 6. If as a result of the due process hearing, it is determined that the bargaining unit member has submitted failed to remit the Service Fee to the DistrictAssociation or has failed to authorize a payroll deduction of same, pursuant to Chapter 677 the District shall begin payroll deducting the Service Fee beginning with the next pay period following the hearing. The deductions shall be spread-out in equal amounts over the remaining pay periods of the Laws of 1977 current school year, with the final payment due in the last pay of the State of New York a procedure providing for the processing of demands, by members of the bargaining unit, for the return of that portion of the Agency Fee deduction, if any, which represents the 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 prior approval of the Board of Education.
C. The Half Hollow Hills Teachers' Association herewith indemnifies and saves the School District, Board of Education and its employees, harmless from any and all lawsuits, actions, or proceedings at law before the courts or an administrative agency arising from this Article.regular twenty-one
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Samples: Master Agreement