Demand and Return. The representation fee shall be available only if the procedures listed hereafter are maintained by the Union.
1. The Union shall return any part of the representation fee paid by the employee which represents the employee's additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature, only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefit available only to members of the Union.
2. The employee shall be entitled to a review of the amount of the representation fee by requesting the Union substantiate the amount charged. This review shall be accorded in conformance with the internal steps and procedures established by the Union.
3. The burden of proof under the Demand and Return system rests upon the Union.
4. An employee dissatisfied with the Union's decision may appeal to the three (3) member board established by the Governor.
5. The Union shall submit a copy of its review system to the Office of Employee Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system.
Demand and Return. Chapter 447, P.L. 1979, requires that no representation fee deduction can be made unless the majority representative first establishes a demand and return system. This system provides that a non-union member may appeal the amount of the representative fee assessed against him/her. The Association must provide the non-union member with a full and fair hearing and has the burden of proof in justifying the amount of the fee. Non-members who are dissatisfied with the outcome of their appeal at the local level may appeal to a three-member Tripartite State Board. The Association shall provide evidence of the existence of this system to the Board of Education and to all non-union members before any deductions are made.
Demand and Return. The Association shall establish and maintain at all times a demand and return system as provided by N.J.S.A., and membership in the Association shall be available to all employees in the unit on an equal basis at all times. SECTION ONE ARTICLE XII
Demand and Return. The representation fee shall be available only if the procedures listed hereafter are maintained by the Association.
a. The Association shall return any part of the representation fee paid by the bargaining unit member which represents the bargaining unit member's additional pro rata share of expenditures by the Association that are either in aid of activities or causes of a partisan political or ideological nature, only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefit available only to members of the Association.
b. The bargaining unit member shall be entitled to a review of the amount of the representation fee by requesting the Association substantiate the amount charged. This review shall be accorded in conformance with the internal steps and procedures established by the Association.
c. The burden of proof under the Demand and Return system rests upon the Association.
d. A bargaining unit member dissatisfied with the Association's decision may appeal to the three
Demand and Return. System-The Association will implement and maintain the Demand and Return System.
Demand and Return. The representation fee shall be available only if the procedures listed hereafter are maintained by the Association.
a. The Association shall return any part of the representation fee paid by the bargaining unit member which represents the bargaining unit member's additional pro rata share of expenditures by the Association that are either in aid of activities or causes of a partisan political or ideological nature, only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefit available only to members of the Association.
b. The bargaining unit member shall be entitled to a review of the amount of the representation fee by requesting the Association substantiate the amount charged. This review shall be accorded in conformance with the internal steps and procedures established by the Association.
c. The burden of proof under the Demand and Return system rests upon the Association.
d. A bargaining unit member dissatisfied with the Association's decision may appeal to the three (3) member board established by the Governor of the State of New Jersey under NJSA 34:13A, as amended.
e. The Association shall submit a copy of its review system to the University. The deduction of the representation fee shall be available only if the Association establishes and maintains this review system.
f. It is understood that the implementation of the agency fee program is predicated on the demonstration by the Association that more than 50% of the eligible bargaining unit members in the negotiation unit are dues paying members of the Association. If at the signing of this Agreement the above percentage has not been achieved, the agency fee plan will be continued through pay period 26 of the calendar year, after which it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date; i.e., January 1, April 1, July 1, or October 1, the agency fee plan shall be reinstated, with proper notice to affected employees. In each year of the agreement on July 1, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee shall continue until the following annual assessment. If it has not, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above.
g. Provisions in this clause are further conditioned upon all other requirements set ...
Demand and Return. The Association shall establish and maintain at all times a demand and return system as provided by N.J.S.A. 34:13‐A‐5.5(c) and 5.6, and membership in the Association shall be available to all employees in the unit on an equal basis at all times. The Association shall provide evidence of the existence of this system to the Board and to all non‐union members before any deductions are made. In the event the Association fails to maintain such a system, or if membership is not so available, the employer shall immediately cease making said deductions.
Demand and Return. The representation fee shall be available only if the procedures listed hereafter are maintained by the Association.
a. The Association shall return any part of the representation fee paid by the faculty member which represents the faculty member's additional pro rata share of expenditures by the Association that is in aid of activities or causes of a partisan political or ideological nature, only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefit available only to members of the Association.
b. The Faculty member shall be entitled to a review of the amount of the representation fee by requesting the Association to substantiate the amount charged. This review shall be accorded in conformance with the internal steps and procedures established by the Association.
c. The burden of proof under the Demand and Return system rests upon the Association.
d. A faculty member dissatisfied with the Association's decision may appeal to the three (3) member board established by the Governor.
e. The Association shall submit a copy of its demand and return system to the University. The deduction of the representation fee shall be available only if the Association establishes and maintains a demand and return system which complies with the provisions set forth in the applicable Federal and State court decisions.
Demand and Return. The KFSOA agrees that it will, in conformity with the applicable laws, establish a demand and return system for all officers and will present appropriate evidence of the existence of such a system to the Employer.
Demand and Return. The representation fee shall be available only if the procedures listed hereafter are maintained by the Association.
a. The Association shall return any part of the representation fee paid by the Program Director which represents the Program Director’s additional pro rata share of expenditures by the Association that is in aid of activities or causes of a partisan political or ideological nature, only incidentally related to the terms and conditions of employment, or applied towards the cost of any other benefit available only to members of the Association.
b. The Program Director shall be entitled to a review of the amount of the representation fee by requesting the Association to substantiate the amount charged. This review shall be accorded in conformance with the internal steps and procedures established by the Association.
c. The burden of proof under the Demand and Return system rests upon the Association.
d. A Program Director dissatisfied with the Association's decision may appeal to the three (3) member board established by the Governor of the State of New Jersey under N.J.S.A. 34:13A, as amended.
e. The Association shall submit a copy of its demand and return system to the University. The deduction of the representation fee shall be available only if the Association establishes and maintains a demand and return system which complies with the provisions set forth in the applicable Federal and State court decisions.
