Common use of DUES, FEES AND PAYROLL DEDUCTIONS Clause in Contracts

DUES, FEES AND PAYROLL DEDUCTIONS. A. Any teacher who is not a member of the Association in good standing or who does not make application for membership within thirty (30) days from the first day of initial employment, shall, as a condition of employment, pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Association's Administrative Procedures adopted pursuant to that policy. The Service Fee shall be legally permissible and not exceed the amount of the Association dues collected from Association members. The teacher may authorize payment through payroll deduction, as herein provided. In the event that the teacher shall not 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 teacher’s wages and remit same to the Association. B. The Association, in all cases of mandatory fee deduction pursuant to MCLA 408.477; MSA 17.277(7), shall notify the teacher of non- compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance, and shall further advise the teacher that a request for wage deduction may be filed with the Board in the event compliance is not effected. If the teacher fails to authorize deduction for same, the Association may request the Board to make the deduction. C. Should the provision for mandatory payroll deduction of dues or Service Fees, as referenced in section A above, be found contrary to law, the parties agree to negotiate procedures for termination from employment for failure to comply with the provisions of this Article. Said negotiations shall commence within thirty (30) calendar days of any such determination. D. It is recognized that those teachers who were not members of the Association or did not pay a Service Fee prior to August 15, 1985, shall be exempt from the provisions of this Article. E. The Association has established a "Policy Regarding Objections to Political- Ideological Expenditures." That Policy (a copy of which shall be provided to each non-union teacher by the Association), and the administrative procedures (including the timetable for payment) pursuant thereto, apply only to non-union teachers. The 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 teacher concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, F. Teachers who work less than full time shall be assessed on a pro- rata basis as determined by the number of hours they are normally scheduled to work. Teachers who are hired during the course of the school year will be assessed on a pro-rata basis as determined by their starting date and the days remaining in the school year. G. The Employer shall deduct Association dues and Service Fees equally over twenty pays during the school year commencing with the second pay period. Deductions shall be pro- rated based upon the amount of time the teacher is contracted to work. H. The Association shall notify the Employer of the amount to be payroll deducted for each teacher within two (2) weeks of the beginning of school or within thirty (30) days of employment, whichever is applicable. I. The Board agrees to remit all sums deducted to the appropriate Association together with a list of teachers from whom deductions were made. J. The Association shall hold the Board harmless from any and all claims, demand, suits or other forms of liability by reason of action taken or not taken by the Board or its designated agent for the purpose of complying with the provisions herein. It is understood that the Association shall have the right to compromise claims which may arise under this save harmless clause. The Association shall indemnify and save the Board harmless from all sums improperly deducted and remitted to the Association. K. In the event litigation prevents the mandatory dues deduction herein specified or in the event litigation is commenced concerning the validity of the dues deductions in this Article, the Board shall have the right to cease dues deduction notwithstanding the terms of this Article until such time as the litigation clarifies the legal validity of the terms of this Article. The Board shall have the right to select its own attorney and the Association shall pay attorney fees associated with the defense of the validity of the terms of this Agreement. L. Upon appropriate written authorization from the teacher, the Employer shall deduct from the salary of such teacher and make appropriate remittance for tax sheltered annuities, credit union, United Fund, hospitalization and any other plans or programs jointly approved by the Association and the Board provided the District's accounting procedures can accommodate same.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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DUES, FEES AND PAYROLL DEDUCTIONS. A. Any teacher bargaining unit member who is not a member of the Association in good standing or who does not make application for membership within thirty (30) calendar days from the first day of initial employment, active employment shall, as a condition of employment, pay a Service Fee to the Association, pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Association's Administrative Procedures adopted pursuant to that policy. The Service Fee shall be legally permissible and not exceed the amount of the Association dues collected from Association members. The teacher may authorize payment through payroll deduction, as herein provided. In the event that the teacher shall not 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 teacher’s wages and remit same to the Association. B. The Association, in all cases of mandatory fee deduction pursuant to MCLA 408.477; MSA 17.277(7), shall notify the teacher of non- compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance, and shall further advise the teacher that a request for wage deduction may be filed with the Board in the event compliance is not effected. If the teacher fails to authorize deduction for same, the Association may request the Board to make the deduction. C. Should the provision for mandatory payroll deduction of dues or Service Fees, as referenced in section A above, be found contrary to law, the parties agree to negotiate procedures for termination from employment for failure to comply with the provisions of this Article. Said negotiations shall commence within thirty (30) calendar days of any such determination. D. It is recognized that those teachers who were not members of the Association or did not pay a Service Fee prior to August 15, 1985, shall be exempt from the provisions of this Article. E. The Association has established a "Policy Regarding Objections to Political- Ideological Expenditures." That Policy (a copy of which shall be provided to each non-union teacher by the Association), and the administrative procedures (including the timetable for payment) pursuant thereto, apply only to non-union teachers. The 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 teacher concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, F. Teachers who work less than full time shall be assessed on a pro- rata basis as determined by the number of hours they are normally scheduled to work. Teachers who are hired during the course of the school year will be assessed on a pro-rata basis as determined by their starting date and the days remaining in the school year. G. The Employer shall deduct Association dues and Service Fees equally over twenty pays during the school year commencing with the second pay period. Deductions shall be pro- rated based upon the amount of time the teacher is contracted to work. H. The Association shall notify the Employer Board of the amount to be payroll deducted for each teacher bargaining unit member within two (2) weeks of the beginning of school or within thirty (30) days of employment, whichever is applicable. I. 1. The deduction of dues and/or the Service Fee shall be required under the terms and conditions of this Agreement. The Board shall, therefore, deduct said dues and fees pursuant to the authority set forth in MCLA 408.477. 2. The Board shall deduct 1/20 of such dues and assessments from the regular salary check of the bargaining unit member beginning with the second pay period in September and continuing for nineteen (19) pay periods thereafter. C. The Association agrees to remit all sums deducted to indemnify and save the appropriate Association together with a list of teachers from whom deductions were made. J. The Association shall hold the Board Board, including each individual school board member, harmless from against any and all claims, demanddemands, suits costs, back pay and all court and administrative agency costs that may arise out of or other forms of liability by reason of action taken or not taken by the Board or its designated agent for the purpose of complying with the Agency Shop provisions herein. It is understood of this Agreement provided that the Association shall have Board is in substantial compliance with the right to compromise claims which may arise under provisions of this save harmless clause. The Association shall indemnify and save the Board harmless from all sums improperly deducted and remitted to the AssociationArticle. K. In the event litigation prevents the mandatory dues deduction herein specified or in the event litigation is commenced concerning the validity of the dues deductions in this Article, the Board shall have the right to cease dues deduction notwithstanding the terms D. If any provision of this Article until such time as the litigation clarifies the legal validity of the terms of this Article. The Board is deemed invalid under federal or state laws, said provision shall have the right be modified to select its own attorney and the Association shall pay attorney fees associated comply with the defense requirements of the validity of the terms of this Agreementsaid federal or state law. L. E. Upon appropriate written authorization from the teacherbargaining unit member, the Employer Board shall deduct from the salary of such teacher bargaining unit member and make appropriate remittance for tax sheltered annuitiesany programs not fully paid by the Board, credit union, United Fund, hospitalization union and any other plans or programs jointly approved as provided in this Agreement. F. Should the Board consider a new annuity company in accordance with Board Policy, it will seek recommendations from the Association through its President. G. Upon appropriate written authorization from the bargaining unit member, the Board shall deposit the bargaining unit member's bi-weekly paychecks into the account designated by the Association bargaining unit member and the Board provided the District's accounting procedures can accommodate sameheld with any financial institution participating in direct deposit.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

DUES, FEES AND PAYROLL DEDUCTIONS. A. Any teacher who is not a Each bargaining unit member of the Association in good standing or who does not make application for membership within thirty (30) days from the first day of initial employment, shall, as a condition of employment, either (1) join the Association on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, or (2) remit a Service Fee to the Association. B. Any bargaining unit member who is a member of the Association, or who has applied for membership, will sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contribution to 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 Board shall deduct one-tenth of such dues, assessments, and contributions from the last regular salary check each month for ten (10) months, beginning in September and ending in June of each year. C. Any bargaining unit member who does not join the Association shall pay a Service Fee to the Association, Association pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Association's Administrative Procedures adopted pursuant to that policy. , hereinafter referred to as the "Policy." Prior to being obligated to pay any Service Fee, non-member bargaining unit members shall be informed by the Association of the amount of the Service Fee and provided the information set forth in the "Policy" as well as a copy of the "Policy." The Service Fee shall be legally permissible and not exceed the amount of the Association dues collected from Association members. The teacher may non-member bargaining unit member will authorize payment through payroll deduction, as herein provided. deduction for such Service Fee. D. In the event that the teacher shall either an Association member or a non-member bargaining unit member does not authorize payment through payroll deduction, the Employer Association and the Board expressly agree that pursuant to the terms of this collective bargaining agreement, the Board, at the request of the Association, shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association17.277 (7), deduct the Service Fee from the teacher’s bargaining unit member's wages and remit same to the Association. B. The Association, in all cases of mandatory fee deduction . Payroll deductions made pursuant to MCLA 408.477; MSA 17.277(7), this provision shall notify the teacher of non- compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance, and shall further advise the teacher that a request for wage deduction may be filed with the Board made in the event compliance is not effected. If the teacher fails to authorize deduction for same, the Association may request the Board to make the deduction. C. Should the provision for mandatory payroll deduction of dues or Service Feesequal amounts, as referenced in section A above, nearly as may be. Monies so deducted shall be found contrary remitted to law, the parties agree to negotiate procedures for termination from employment for failure to comply with the provisions of this Article. Said negotiations shall commence within thirty (30) calendar days of any such determination. D. It is recognized that those teachers who were not members of the Association or did not pay a Service Fee prior to August 15, 1985, shall be exempt from the provisions of this Articleits designee no later than twenty (20) days following deduction. E. The amount of the Service Fee and other information required from the Association has established a "Policy Regarding Objections may not be available and transmitted to Political- Ideological Expenditures." That Policy (a copy of which shall be provided to each non-union teacher by member bargaining unit members until mid-school year (December, January or February). Consequently, the procedures in this Article related to the Service Fee will not be activated until thirty-five (35) calendar days following the Association)'s notification to non- member bargaining unit members of the amount of the Service Fee and other required information. In any event, it is agreed that the bargaining unit member is obligated for the full amount of the annual Service Fee. F. The "Policy" and the administrative procedures (Administrative Procedures, including the timetable time table for payment) payments pursuant thereto, shall apply only to non-union teachersmember bargaining unit members. The remedies set forth in such policy that Policy shall be exclusive, 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 teacher non- member bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, F. Teachers who work less than full time shall be assessed on a pro- rata basis as determined by the number of hours they are normally scheduled to work. Teachers who are hired during the course of the school year will be assessed on a pro-rata basis as determined by their starting date and the days remaining in the school year, or any other administrative or judicial procedure. G. In the event of any legal action against the Board, including court or administrative agency actions, because of its compliance with this Article, the Association agrees to assume the defense of such action at its own expense and through its own counsel, provided: 1. The Employer shall deduct Board gives timely notice of such action to the Association dues and Service Fees equally over twenty pays during permits the school year commencing with Association intervention as a party if it so desires; and 2. The Board gives full and complete cooperation to the second pay period. Deductions shall be pro- rated based upon the amount of time the teacher is contracted to workAssociation and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and appellate levels. H. The Association shall notify the Employer of the amount to be payroll deducted for each teacher within two (2) weeks of the beginning of school or within thirty (30) days of employment, whichever is applicable. I. The Board agrees to remit all sums deducted to the appropriate Association together with a list of teachers from whom deductions were made. J. The Association shall it will indemnify and hold the Board harmless from any liability for damages and all claims, demand, suits or other forms costs as a result of liability by reason such action as a direct consequence of action taken or not taken by the Board or its designated agent for the purpose of complying Board's compliance with the provisions herein. It is understood that the Association shall have the right to compromise claims which may arise under this save harmless clause. The Association shall indemnify and save the Board harmless from all sums improperly deducted and remitted to the AssociationArticle. K. In the event litigation prevents the mandatory dues deduction herein specified or in the event litigation is commenced concerning the validity of the dues deductions in this Article, the Board shall have the right to cease dues deduction notwithstanding the terms of this Article until such time as the litigation clarifies the legal validity of the terms of this Article. The Board shall have the right to select its own attorney and the Association shall pay attorney fees associated with the defense of the validity of the terms of this Agreement. L. I. Upon appropriate written authorization from the teacherbargaining unit member, the Employer Board shall deduct wire transfer from the salary of such teacher any bargaining unit member and make appropriate remittance to one account at one financial institution and for United Fund contributions, U.S. Government Bonds, and MESSA and MEAFS programs jointly approved by the Association and the Board which are not fully paid by the Board, tax sheltered annuities, credit union, United Fund, hospitalization annuities as defined under Section 403b of the Internal Revenue Code and which are in accordance with the Board policy and any other plans or programs jointly approved by the Association and the Board. J. Remittance for tax sheltered annuities shall be made within five (5) working days after each pay period in each month provided an invoice has been received by that date. K. Bargaining unit members may enter into a salary reduction agreement with the Board provided for the District's accounting purpose of reimbursing dependent care assistance expenses in accordance with the Dependent Care Assistance Plan adopted pursuant to Section 129 of the Internal Revenue Code. L. Bargaining unit members may enter into a salary reduction agreement with the Board for the purpose of reimbursing health insurance premiums in accordance with the Health Insurance Salary Reduction Plan adopted pursuant to Section 129 of the Internal Revenue Code. M. Should the provision for mandatory payroll deduction of the Service Fee, as referenced in Section D above, be found contrary to law, the parties agree to negotiate procedures can accommodate samefor termination from employment within thirty (30) calendar days of such determination.

Appears in 1 contract

Samples: Master Agreement

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DUES, FEES AND PAYROLL DEDUCTIONS. A. Any teacher who is not a Each bargaining unit member of the Association in good standing or who does not make application for membership within thirty (30) days from the first day of initial employment, shall, as a condition of employment, either (1) join the Association on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, or (2) remit a Service Fee to the Association. B. Any bargaining unit member who is a member of the Association, or who has applied for membership, will sign and deliver to the Board an assignment authorizing deduction of dues, assessments and contribution to 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 Board shall deduct one-tenth of such dues, assessments, and contributions from the last regular salary check each month for ten (10) months, beginning in September and ending in June of each year. C. Any bargaining unit member who does not join the Association shall pay a Service Fee to the Association, Association pursuant to the Association's "Policy Regarding Objections to Political-Ideological Expenditures" and the Association's Administrative Procedures adopted pursuant to that policy. , hereinafter referred to as the "Policy." Prior to being obligated to pay any Service Fee, non-member bargaining unit members shall be informed by the Association of the amount of the Service Fee and provided the information set forth in the "Policy" as well as a copy of the "Policy." The Service Fee shall be legally permissible and not exceed the amount of the Association dues collected from Association members. The teacher may non-member bargaining unit member will authorize payment through payroll deduction, as herein provided. deduction for such Service Fee. D. In the event that the teacher shall either an Association member or a non-member bargaining unit member does not authorize payment through payroll deduction, the Employer Association and the Board expressly agree that pursuant to the terms of this collective bargaining agreement, the Board, at the request of the Association, shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association17.277 (7), deduct the Service Fee from the teacher’s bargaining unit member's wages and remit same to the Association. B. The Association, in all cases of mandatory fee deduction . Payroll deductions made pursuant to MCLA 408.477; MSA 17.277(7), this provision shall notify the teacher of non- compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance, and shall further advise the teacher that a request for wage deduction may be filed with the Board made in the event compliance is not effected. If the teacher fails to authorize deduction for same, the Association may request the Board to make the deduction. C. Should the provision for mandatory payroll deduction of dues or Service Feesequal amounts, as referenced in section A above, nearly as may be. Monies so deducted shall be found contrary remitted to law, the parties agree to negotiate procedures for termination from employment for failure to comply with the provisions of this Article. Said negotiations shall commence within thirty (30) calendar days of any such determination. D. It is recognized that those teachers who were not members of the Association or did not pay a Service Fee prior to August 15, 1985, shall be exempt from the provisions of this Articleits designee no later than twenty (20) days following deduction. E. The amount of the Service Fee and other information required from the Association has established a "Policy Regarding Objections may not be available and transmitted to Political- Ideological Expenditures." That Policy (a copy of which shall be provided to each non-union teacher by member bargaining unit members until mid-school year (December, January or February). Consequently, the procedures in this Article related to the Service Fee will not be activated until thirty-five (35) calendar days following the Association)'s notification to non- member bargaining unit members of the amount of the Service Fee and other required information. In any event, it is agreed that the bargaining unit member is obligated for the full amount of the annual Service Fee. F. The "Policy" and the administrative procedures (Administrative Procedures, including the timetable time table for payment) payments pursuant thereto, shall apply only to non-union teachersmember bargaining unit members. The remedies set forth in such policy that Policy shall be exclusive, 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 teacher non-member bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, F. Teachers who work less than full time shall be assessed on a pro- rata basis as determined by the number of hours they are normally scheduled to work. Teachers who are hired during the course of the school year will be assessed on a pro-rata basis as determined by their starting date and the days remaining in the school year, or any other administrative or judicial procedure. G. In the event of any legal action against the Board, including court or administrative agency actions, because of its compliance with this Article, the Association agrees to assume the defense of such action at its own expense and through its own counsel, provided: 1. The Employer shall deduct Board gives timely notice of such action to the Association dues and Service Fees equally over twenty pays during permits the school year commencing with Association intervention as a party if it so desires; and 2. The Board gives full and complete cooperation to the second pay period. Deductions shall be pro- rated based upon the amount of time the teacher is contracted to workAssociation and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and appellate levels. H. The Association shall notify the Employer of the amount to be payroll deducted for each teacher within two (2) weeks of the beginning of school or within thirty (30) days of employment, whichever is applicable. I. The Board agrees to remit all sums deducted to the appropriate Association together with a list of teachers from whom deductions were made. J. The Association shall it will indemnify and hold the Board harmless from any liability for damages and all claims, demand, suits or other forms costs as a result of liability by reason such action as a direct consequence of action taken or not taken by the Board or its designated agent for the purpose of complying Board's compliance with the provisions herein. It is understood that the Association shall have the right to compromise claims which may arise under this save harmless clause. The Association shall indemnify and save the Board harmless from all sums improperly deducted and remitted to the AssociationArticle. K. In the event litigation prevents the mandatory dues deduction herein specified or in the event litigation is commenced concerning the validity of the dues deductions in this Article, the Board shall have the right to cease dues deduction notwithstanding the terms of this Article until such time as the litigation clarifies the legal validity of the terms of this Article. The Board shall have the right to select its own attorney and the Association shall pay attorney fees associated with the defense of the validity of the terms of this Agreement. L. I. Upon appropriate written authorization from the teacherbargaining unit member, the Employer Board shall deduct wire transfer from the salary of such teacher any bargaining unit member and make appropriate remittance to one account at one financial institution and for United Fund contributions, U.S. Government Bonds, and MESSA and MEAFS programs jointly approved by the Association and the Board which are not fully paid by the Board, tax sheltered annuities, credit union, United Fund, hospitalization annuities as defined under Section 403b of the Internal Revenue Code and which are in accordance with the Board policy and any other plans or programs jointly approved by the Association and the Board. J. Remittance for tax sheltered annuities shall be made within five (5) working days after each pay period in each month provided an invoice has been received by that date. K. Bargaining unit members may enter into a salary reduction agreement with the Board provided for the District's accounting purpose of reimbursing dependent care assistance expenses in accordance with the Dependent Care Assistance Plan adopted pursuant to Section 129 of the Internal Revenue Code. L. Bargaining unit members may enter into a salary reduction agreement with the Board for the purpose of reimbursing health insurance premiums in accordance with the Health Insurance Salary Reduction Plan adopted pursuant to Section 129 of the Internal Revenue Code. M. Should the provision for mandatory payroll deduction of the Service Fee, as referenced in Section D above, be found contrary to law, the parties agree to negotiate procedures can accommodate samefor termination from employment within thirty (30) calendar days of such determination.

Appears in 1 contract

Samples: Master Agreement

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