Common use of ASSOCIATION SECURITY AND DUES/FEES DEDUCTIONS Clause in Contracts

ASSOCIATION SECURITY AND DUES/FEES DEDUCTIONS. A. In recognition of the Association's services and benefits to the bargaining unit, all employees shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. Employees shall not be responsible for paying fair share fees or dues during the initial portion of their probationary period, as established in Article 14, Section D, Paragraph 1 of this agreement. B. The Board agrees to an automatic payroll deduction, unless paid in one (1) lump sum prior to first payroll deduction, as a condition of employment, of an amount which shall not be more than 100% of the total dues of the Association, from the pay of all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. C. Upon notification from the Association that a member has terminated membership, the Treasurer of the Board shall commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. D. Payroll deduction of such fair share fees shall begin at the first payroll period following January 15, except that no fair share fee deductions shall be made for employees employed after December 31 until the second paycheck. E. A list of all members and fair share payers, applicable dues rates and fair share fee rates shall be transmitted to the Treasurer of the Board by the Association for the purpose of determining amounts to be payroll deducted no later than September 1 of each year. Dues will be withheld from each paycheck from the first pay in October through the first pay in June. The Board agrees to transmit promptly all amounts deducted to the Association. F. The Board further agrees to accompany the initial transmittal with a list of the names of employees for whom all such deductions are made. G. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the State of Ohio. H. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such non-members may submit such appeals as provided by law. I. The amount to be deducted from the pay of all non-Association members shall be not more than one hundred percent (100%) of the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which the Association membership dues are deducted. J. The Association agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that: 1. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer by a member or a non-member for which indemnification may be claimed; 2. The Association shall reserve the right to designate counsel to represent and defend the employer; 3. The Board agrees to the following: a. To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceedings; b. To permit the Association or its affiliates to intervene as a party when it so desires; and/or c. To accept the Association or its affiliate's application to file briefs amicus curiae in the action; and 4. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein, however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. K. A non-member of the Association who pays a fair share fee to, or whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph B above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as members only benefits. L. Any non-member of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be liable subject to a civil action for damages in the amount of any unpaid service fee and other assessments to the Association for the annual fair share fee assessment. M. The above fair share fee provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees represented by the Association. N. The Board of Education shall have no requirement to bring an action against any staff member under this article.

ASSOCIATION SECURITY AND DUES/FEES DEDUCTIONS. A. In recognition of the Association's services and benefits to the bargaining unit, all employees shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. Employees shall not be responsible for paying fair share fees or dues during the initial portion of their probationary period, as established in Article 14, Section D, Paragraph 1 of this agreement. B. The Board agrees to an automatic payroll deduction, unless paid in one (1) lump sum prior to first payroll deduction, as a condition of employment, of an amount which shall not be more than 100% of the total dues of the Association, from the pay of all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. C. Upon notification from the Association that a member has terminated membership, the Treasurer of the Board shall commence the check-off of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues, less the amount previously paid through payroll deduction. D. Payroll deduction of such fair share fees shall begin at the first payroll period following January 15, except that no fair share fee deductions shall be made for employees employed after December 31 until the second paycheck. E. A list of all members and fair share payers, applicable dues rates and fair share fee rates shall be transmitted to the Treasurer of the Board by the Association for the purpose of determining amounts to be payroll deducted no later than September 1 of each year. Dues will be withheld from each paycheck from the first pay in October through the first pay in June. The Board agrees to transmit promptly all amounts deducted to the Association. F. The Board further agrees to accompany the initial transmittal with a list of the names of employees for whom all such deductions are made. G. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each employee who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the State of Ohio. H. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association, or such non-members may submit such appeals as provided by law. I. The amount to be deducted from the pay of all non-Association members shall be not more than one hundred percent (100%) of the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which the Association membership dues are deducted. J. X. The Association agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that: 1. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer by a member or a non-member for which indemnification may be claimed; 2. The Association shall reserve the right to designate counsel to represent and defend the employer; 3. The Board agrees to the following: a. To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceedings; b. To permit the Association or its affiliates to intervene as a party when it so desires; and/or c. To accept the Association or its affiliate's application to file briefs amicus curiae in the action; and 4. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee provision of the collective bargaining agreement herein, however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein. K. A non-member of the Association who pays a fair share fee to, or whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph B above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as members only benefits. L. Any non-member of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be liable subject to a civil action for damages in the amount of any unpaid service fee and other assessments to the Association for the annual fair share fee assessment. M. The above fair share fee provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees represented by the Association. N. The Board of Education shall have no requirement to bring an action against any staff member under this article.