Common use of Failure to Pay Fee Clause in Contracts

Failure to Pay Fee. It shall be the sole obligation of MSEA-SEIU to certify to the State the name of each employee who has not paid his or her service fee or who has not made a contribution in lieu of a service fee and who, in the case of employees who are actively challenging the amount of the fee or the procedures implemented pursuant to this article, are not paying the disputed amount into the interest-bearing escrow account established by the union. MSEA-XXXX agrees to cooperate in any State investigation performed due to or in reliance upon each statement. The Discipline article does not apply to employees who have not complied with this Article. The following procedure shall apply. On the first occasion the State determines, after an opportunity to investigate, that an employee failed to comply with this Article, the State shall provide the employee with notice of a finding of a violation of this Article and afford that employee a 30-day period to comply fully with this Article, paying all arrears due. Should the employee fail to timely correct this deficiency or should the employee be subsequently found by the State as failing to comply with this Article, the employee shall be provided with a notice of proposed dismissal. The employee will be afforded an opportunity to meet with the appointing authority or his/her representative prior to the action proposed. The employee will be entitled to have a Union representative or xxxxxxx present. At that meeting, the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Any employee who has not timely complied with the obligations of this Article must be dismissed. A dismissal in compliance with this Article may not be challenged through the Grievance Procedure article of this agreement.

Failure to Pay Fee. It shall be the sole obligation of MSEA-SEIU AFSCME Council 93 to certify to the State the name of each employee who has not paid his or her service fee or who has not made a contribution in lieu of a service fee and who, in the case of employees who are actively challenging the amount of the fee or the procedures implemented pursuant to this article, are not paying the disputed amount into the interest-bearing escrow account established by the union. MSEA-XXXX AFSCME Council 93 agrees to cooperate in any State investigation performed due to or in reliance upon each statement. The Discipline article does not apply to employees who have not complied with this Article. The following procedure shall apply. On the first occasion the State determines, after an opportunity to investigate, that an employee failed to comply with this Article, the State shall provide the employee with notice of a finding of a violation of this Article and afford that employee a 30-day period to comply fully with this Article, paying all arrears due. Should the employee fail to timely correct this deficiency or should the employee be subsequently found by the State as failing to comply with this Article, the employee shall be provided with a notice of proposed dismissal. The employee will be afforded an opportunity to meet with the appointing authority or his/her representative prior to the action proposed. The employee will be entitled to have a Union representative or xxxxxxx present. At that meeting, the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Any employee who has not timely complied with the obligations of this Article must be dismissed. A dismissal in compliance with this Article may not be challenged through the Grievance Procedure article of this agreement.

Failure to Pay Fee. It shall be the sole obligation of MSEA-SEIU to certify to the State the name of each employee who has not paid his or her service fee or who has not made a contribution in lieu of a service fee and who, in the case of employees who are actively challenging the amount of the fee or the procedures implemented pursuant to this article, are not paying the disputed amount into the interest-bearing escrow account established by the union. MSEA-XXXX SEIU agrees to cooperate in any State investigation performed due to or in reliance upon each statement. The Discipline article does not apply to employees who have not complied with this Article. The following procedure shall apply. On the first occasion the State determines, after an opportunity to investigate, that an employee failed to comply with this Article, the State shall provide the employee with notice of a finding of a violation of this Article and afford that employee a 30-day period to comply fully with this Article, paying all arrears due. Should the employee fail to timely correct this deficiency or should the employee be subsequently found by the State as failing to comply with this Article, the employee shall be provided with a notice of proposed dismissal. The employee will be afforded an opportunity to meet with the appointing authority or his/her representative prior to the action proposed. The employee will be entitled to have a Union representative or xxxxxxx present. At that meeting, the appointing authority or his/her designee will give the employee an explanation of the employer’s evidence against the employee (if that has not already been provided) and offer the employee an opportunity to respond. Any employee who has not timely complied with the obligations of this Article must be dismissed. A dismissal in compliance with this Article may not be challenged through the Grievance Procedure article of this agreement.