Fair Share Deduction. Employees are not required to join the Union as a condition of employment. In the event that a non-probationary bargaining unit employee does not join the Union, or elects to withdraw from membership during the term of this Agreement, a “fair-share” deduction shall be made from his paycheck by the Employer. This fair share amount to be deducted shall be certified by the Union to the Employer, and shall represent a pro rata share of the costs of collective bargaining, contract administration and grievance adjustments during the life of this Agreement. This amount shall not include any monies spent in the form of political contributions and shall in no event exceed 85 percent of the normal Union dues. Employees who object to such deductions on the basis of bona fide religious beliefs or teachings of a church or religious body of which that employee is a member shall be afforded the opportunity to designate that such amounts deducted shall be paid to a non-religious charity mutually agreed by the employee and the Union. This fair share deduction shall only be made from the paycheck of any bargaining unit employee during those periods of time throughout the term of this Agreement that the Union maintains membership of at least seventy-five percent (75%) of the non-probationary bargaining unit members eligible to join. In the event that the dues paying membership of the Union is less than (75%) of the non-probationary bargaining unit members eligible for membership, no such deductions shall be made unless and until the seventy-five percent (75%) requirement is met. The amount withheld shall be remitted to the Union within seven (7) days of its being deducted from the employee’s paycheck. The amount deducted shall remain the same until the Employer receives written notice from the Union that a different fair share amount should be deducted. The Union agrees to notify all employees in the bargaining unit of the existence of the fair share provisions of this Agreement. Such notice shall consist of a posting on the Union bulletin boards at all fire stations, setting forth the following information: 1. Copies of the specific provisions of this Agreement relating to fair share deductions; 2. A statement of the duration of the Agreement; 3. A statement of the amount of fair share deductions to be made (such notice shall be regularly updated in the event of any change in the amount); 4. The name and address and telephone number of the Union official responsible for administering the fair share deduction program; and 5. An explanation of how objections to the Fair Share amount may be filed with the Illinois State Labor Relations Board, including the Board’s address and phone number. In the event that an employee objects to the fair share deduction made from his paycheck, he shall be afforded the opportunity to complain to the Union and the Employer. Such complaint shall be delivered to the Union and the Employer and shall state the nature of the objection and the reasons the employee believes the fair share deduction to be improper. Such complaints shall be limited to deductions made within the calendar year the complaint is filed. Once such a complaint has been received by the Employer or the Union, each party warrants to immediately notify the other of the existence of the objection and provide a photocopy thereof at the earliest possible date. The Employer shall continue to deduct the certified fair share amount from the paycheck of an objecting employee, but shall not remit any such sums to the Union for any period after the date of the filing of the complaint. All sums deducted thereafter shall be placed in an escrow account, independently managed and held pending the resolution of the complaint. Objections to the fair share deductions unresolved between the Union and objecting employee(s) may be adjudicated by the Illinois Labor Relations Board through its procedures established under the Illinois Public Labor Relations Act and the Rules and Regulations of the Board. Employees whose objections are sustained shall have the appropriate amount of disputed deductions returned to them from the escrow account, together with a pro-rata share of the interest earned. Those fair share deductions found to have been appropriate shall be given to the Union at the conclusion of the objective procedure, together with a pro rata share of the interest earned. The Union agrees to fully cooperate in the investigation of any such complaint, including providing the Employer and the objecting party with certified copies of the relevant records of the Union concerning fair share deductions. Such materials shall be likewise provided to the neutral party charged with resolving the dispute. Objecting employees and the Union shall be afforded notice and the opportunity to be heard at any hearing concerning such complaints. Each party may be represented by counsel of their choosing or elect to proceed without counsel. The Union agrees to indemnify the Employer from all proper actions taken by the Employer in making such fair share deductions. The Union shall hold the City harmless against any and all costs and damages resulting from the Employer’s proper implementation and administration of the Fair Share Agreement. The City shall withhold the fair share deductions so long as the Union complies with this section.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Deduction. Employees are not required to join the Union as a condition of employment. In the event that a non-probationary bargaining unit employee does not join the Union, or elects to withdraw from membership during the term of this Agreement, a “fair-share” deduction shall be made from his paycheck by the Employer. This fair share amount to be deducted shall be certified by the Union to the Employer, and shall represent a pro rata share of the costs of collective bargaining, contract administration and grievance adjustments during the life of this Agreement. This amount shall not include any monies spent in the form of political contributions and shall in no event exceed 85 percent of the normal Union dues. Employees who object to such deductions on the basis of bona fide religious beliefs or teachings of a church or religious body of which that employee is a member shall be afforded the opportunity to designate that such amounts deducted shall be paid to a non-non- religious charity mutually agreed by the employee and the Union. This fair share deduction shall only be made from the paycheck of any bargaining unit employee during those periods of time throughout the term of this Agreement that the Union maintains membership of at least seventy-five percent (75%) of the non-probationary bargaining unit members eligible to join. In the event that the dues paying membership of the Union is less than (75%) of the non-probationary bargaining unit members eligible for membership, no such deductions shall be made unless and until the seventy-five percent (75%) requirement is met. The amount withheld shall be remitted to the Union within seven (7) days of its being deducted from the employee’s paycheck. The amount deducted shall remain the same until the Employer receives written notice from the Union that a different fair share amount should be deducted. The Union agrees to notify all employees in the bargaining unit of the existence of the fair share provisions of this Agreement. Such notice shall consist of a posting on the Union bulletin boards at all fire stations, setting forth the following information:
1. Copies of the specific provisions of this Agreement relating to fair share deductions;
2. A statement of the duration of the Agreement;
3. A statement of the amount of fair share deductions to be made (such notice shall be regularly updated in the event of any change in the amount);
4. The name and address and telephone number of the Union official responsible for administering the fair share deduction program; and
5. An explanation of how objections to the Fair Share amount may be filed with the Illinois State Labor Relations Board, including the Board’s address and phone number. In the event that an employee objects to the fair share deduction made from his paycheck, he shall be afforded the opportunity to complain to the Union and the Employer. Such complaint shall be delivered to the Union and the Employer and shall state the nature of the objection and the reasons the employee believes the fair share deduction to be improper. Such complaints shall be limited to deductions made within the calendar year the complaint is filed. Once such a complaint has been received by the Employer or the Union, each party warrants to immediately notify the other of the existence of the objection and provide a photocopy thereof at the earliest possible date. The Employer shall continue to deduct the certified fair share amount from the paycheck of an objecting employee, but shall not remit any such sums to the Union for any period after the date of the filing of the complaint. All sums deducted thereafter shall be placed in an escrow account, independently managed and held pending the resolution of the complaint. Objections to the fair share deductions unresolved between the Union and objecting employee(s) may be adjudicated by the Illinois Labor Relations Board through its procedures established under the Illinois Public Labor Relations Act and the Rules and Regulations of the Board. Employees whose objections are sustained shall have the appropriate amount of disputed deductions returned to them from the escrow account, together with a pro-rata share of the interest earned. Those fair share deductions found to have been appropriate shall be given to the Union at the conclusion of the objective procedure, together with a pro rata share of the interest earned. The Union agrees to fully cooperate in the investigation of any such complaint, including providing the Employer and the objecting party with certified copies of the relevant records of the Union concerning fair share deductions. Such materials shall be likewise provided to the neutral party charged with resolving the dispute. Objecting employees and the Union shall be afforded notice and the opportunity to be heard at any hearing concerning such complaints. Each party may be represented by counsel of their choosing or elect to proceed without counsel. The Union agrees to indemnify the Employer from all proper actions taken by the Employer in making such fair share deductions. The Union shall hold the City harmless against any and all costs and damages resulting from the Employer’s proper implementation and administration of the Fair Share Agreement. The City shall withhold the fair share deductions so long as the Union complies with this section.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Deduction. Employees The Union having demonstrated that a majority of bargaining unit employees have authorized dues deduction, employees covered by this Agreement who are not members of the Union paying dues by voluntary payroll deduction shall be required to join pay in lieu of dues, their proportionate fair share of the costs (the “fair share fee”) of the collective bargaining process, contract administration and the pursuance of matters affecting wages, hours and conditions of employment in accordance with the Educational Labor Relations Act. The fair share fee, as certified by the Union, shall be deducted by the School from the earnings of the non-member employees and remitted to the Union as a condition set forth above in respect to membership dues. The fair share fee shall not exceed dues uniformly required of employmentunion members. In the event that a non-probationary bargaining unit employee does an authorization for dues deduction is not join executed by an employee, the Union, or elects to withdraw from membership during School shall commence deduction of the term of this Agreement, a “fair-share” deduction shall be made from his paycheck by the Employer. This fair share amount to be deducted shall be certified by fee with the next available payroll cycle, provided that the Union shall have:
a. Posted the appropriate notices of imposition of such fair share fee in accordance with the Illinois Educational Labor Relations Act and the rules and regulations of the Illinois Educational Labor Relations Board (“IELRB”); and
b. Certified in writing to the Employer, School the amount of such fair share fee and shall represent a pro rata share certified in writing to the School that such notice has been posted. The parties expressly recognize the right of an employee to challenge the amount of the costs of collective bargaining, contract administration fair share fee. Any such challenge will be handled in accordance with the rules and grievance adjustments during the life of this Agreement. This amount shall not include any monies spent in the form of political contributions and shall in no event exceed 85 percent regulations of the normal Union duesIELRB. Employees who object In the event an employee objects to the amount of such deductions fee, the School shall continue to deduct the fee and transmit the fee (or the portion of the fee in dispute) to the IELRB, which shall hold the fee in escrow in an account established for that purpose. The School shall continue to transmit all such fees to the IELRB until further order of the IELRB. If the employee is entitled to a refund, the employee shall receive such refund plus any interest earned on the basis refund during pendency of the action pursuant to IELRB procedures. The parties expressly recognize their obligations to and the rights of nonmembers based upon their bona fide religious beliefs tenets or teachings of a church or religious body as provided in Section 11 of the Illinois Educational Labor Relations Act. If a nonmember employee declares the right of non-association with the Union based upon bona fide religious tenets or teachings of a church or religious body of which that such employee is a member member, such employee shall be afforded the opportunity required to designate that such amounts deducted shall be paid pay an amount equal to his or her proportionate share to a non-religious charity nonreligious charitable organization mutually agreed upon by the employee and the Union. This fair share deduction shall only be made from the paycheck of any bargaining unit employee during those periods of time throughout the term of this Agreement that the Union maintains membership of at least seventy-five percent (75%) of the non-probationary bargaining unit members eligible to join. In the event that the dues paying membership of the Union is less than (75%) of the non-probationary bargaining unit members eligible for membership, no such deductions shall be made unless and until the seventy-five percent (75%) requirement is met. The amount withheld shall be remitted to the Union within seven (7) days of its being deducted from the employee’s paycheck. The amount deducted shall remain the same until the Employer receives written notice from the Union that a different fair share amount should be deducted. The Union agrees to notify all employees in the bargaining unit of the existence of the fair share provisions of this Agreement. Such notice shall consist of a posting on the Union bulletin boards at all fire stations, setting forth the following information:
1. Copies of the specific provisions of this Agreement relating to fair share deductions;
2. A statement of the duration of the Agreement;
3. A statement of the amount of fair share deductions to be made (such notice shall be regularly updated in the event of any change in the amount);
4. The name and address and telephone number of the Union official responsible for administering the fair share deduction program; and
5. An explanation of how objections to the Fair Share amount may be filed with the Illinois State Labor Relations Board, including the Board’s address and phone number. In the event that an employee objects to the fair share deduction made from his paycheck, he shall be afforded the opportunity to complain to the Union and the Employer. Such complaint shall be delivered to the Union and the Employer and shall state the nature of the objection and the reasons If the employee believes the fair share deduction to be improper. Such complaints shall be limited to deductions made within the calendar year the complaint is filed. Once such a complaint has been received by the Employer or the Union, each party warrants to immediately notify the other of the existence of the objection and provide a photocopy thereof at the earliest possible date. The Employer shall continue to deduct the certified fair share amount from the paycheck of an objecting employee, but shall not remit any such sums to the Union for any period after the date of the filing of the complaint. All sums deducted thereafter shall be placed in an escrow account, independently managed and held pending the resolution of the complaint. Objections to the fair share deductions unresolved between the Union and objecting employee(s) may be adjudicated by the Illinois Labor Relations Board through its procedures established under the Illinois Public Labor Relations Act and the Rules and Regulations of the Board. Employees whose objections are sustained shall have the appropriate amount of disputed deductions returned to them from the escrow account, together with a pro-rata share of the interest earned. Those fair share deductions found to have been appropriate shall be given to the Union at the conclusion of the objective procedure, together with a pro rata share of the interest earned. The Union agrees to fully cooperate in the investigation of any such complaint, including providing the Employer and the objecting party with certified copies of the relevant records of the Union concerning fair share deductions. Such materials shall be likewise provided to the neutral party charged with resolving the dispute. Objecting employees and the Union are unable to reach agreement on the matter, a charitable organization shall be afforded notice selected from a list established and the opportunity to be heard at any hearing concerning such complaints. Each party may be represented by counsel of their choosing or elect to proceed without counsel. The Union agrees to indemnify the Employer from all proper actions taken approved by the Employer IELRB in making such fair share deductions. The Union shall hold the City harmless against any and all costs and damages resulting from the Employer’s proper implementation and administration of the Fair Share Agreement. The City shall withhold the fair share deductions so long as the Union complies accordance with this sectionits rules.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Deduction. Employees are not required to join the Union PSEO as a condition of employment. In the event that a non-probationary bargaining unit an eligible employee does not join the UnionPSEO, or elects to withdraw from membership during the term of this Agreement, a “fair-fair share” deduction shall be made from his paycheck by the Employer. This fair share amount to be deducted shall be certified by the Union PSEO to the Employer, Employer and shall represent a pro rata share of the costs of collective bargaining, contract administration and grievance adjustments adjustment during the life of this Agreementagreement. This amount shall not include any monies spent in the form of political contributions and shall in no event exceed 85 percent 100% of the normal Union duesPSEO monthly dues so long as the PSEO remains locally-controlled only. Employees who object to such deductions on the basis of bona fide religious beliefs or teachings of a church or religious body of which that employee is a member shall be afforded the opportunity to designate that such amounts amount deducted shall be paid to a non-religious charity mutually mutually-agreed on by the employee and the UnionPSEO. This fair share deduction shall only be made from the paycheck of any bargaining unit employee during those periods of time throughout the term of this Agreement that the Union PSEO maintains membership of at least seventy-five percent (75%) of the non-probationary eligible bargaining unit members eligible to join. In the event that the dues dues-paying membership of the Union PSEO is less than seventy- five percent (75%) of the non-probationary bargaining unit members eligible for membership, no such deductions deduction shall be made unless and until the seventy-five percent (75%) requirement is met. The amount withheld shall be remitted to the Union PSEO within seven (7) days of its being deducted from the employee’s paycheckemployees’ paychecks. The amount deducted shall remain the same until the Employer receives written notice from the Union PSEO that a different fair share amount should be deducted. The Union PSEO agrees to notify all employees in the bargaining unit of the existence of the fair share provisions of this Agreement. Such notice shall consist of a posting on the Union PSEO bulletin boards at all fire stations, or documented letter to each covered employee setting forth the following information:
1. Copies of the specific provisions of this Agreement relating to fair share deductions;.
2. A statement of the duration of the Agreement;.
3. A statement of the amount of fair share deductions deduction to be made (such made. Such notice shall be regularly updated in the event of any change in the amount);.
4. The name and name, address and telephone number of the Union PSEO official responsible for administering the fair share deduction program; and.
5. An explanation A description of how objections to the Fair Share amount may be filed with the Illinois State Labor Relations Board, dispute resolution procedure set forth below including the Board’s address and phone numbermanner in which objections shall be made. In the event that an employee objects to the fair share deduction made from his paycheck, he shall be afforded the opportunity to complain to the Union PSEO and the Employer. Such complaint shall be delivered to the Union PSEO and the Employer and shall state the nature of the objection objections and the reasons the employee believes the fair share deduction to be improper. Such complaints shall be limited to deductions made within the calendar year the complaint is filed. Once such a complaint has been received by the Employer or the UnionPSEO, each party warrants to immediately notify the other of the existence of the objection and provide a photocopy thereof at the earliest possible date. The Employer employer shall continue to deduct the certified fair share amount from the paycheck of an objecting employee, employee but shall not remit any such sums sum to the Union PSEO for any period after the date of the filing of the complaint. All sums deducted thereafter shall be placed in an escrow account, account independently managed and held pending the resolution of the complaint. Objections Any interest earned as a result of such escrow shall go to the fair share deductions unresolved between PSEO if the Union issue is resolved in favor of the PSEO, and objecting employee(s) may be adjudicated by all interest earned shall go to the employee if the issue is resolved in favor of the employee. The responsibility for resolving such disputes is vested in the Illinois Public Employee Labor Relations Board through its procedures established under the Illinois Public Labor Relations Act and the Rules and Regulations or a similarly-constituted state agency. The cost of the Board. Employees whose objections are sustained shall have the appropriate amount of disputed deductions returned to them from the escrow account, together with a pro-rata share of the interest earned. Those fair share deductions found to have been appropriate any such dispute resolution shall be given to borne by the Union at the conclusion of the objective procedure, together with a pro rata share of the interest earnedPSEO. The Union PSEO agrees to fully cooperate in the investigation of any such complaint, complaint including providing the Employer and the objecting party with certified copies of the relevant records of the Union PSEO concerning fair share deductions. Such materials material shall be likewise provided to the neutral party ISLRB charged with resolving the dispute. Objecting employees and the Union PSEO shall be afforded notice and the opportunity to be heard at any hearing concerning such complaints. Each party may be represented by counsel of their choosing or elect to proceed without counsel. The Union PSEO agrees to indemnify the Employer from all proper actions taken by the Employer in making such fair share deductions. The Union PSEO shall hold the City harmless against any and all costs and damages resulting from the Employer’s proper implementation and administration of the Fair Share Agreement. The City shall withhold the fair share deductions so long as the Union complies with this sectionagreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Deduction. Employees are not required to join the Union PSEO as a condition of employment. In the event that a non-probationary bargaining unit an eligible employee does not join the UnionPSEO, or elects to withdraw from membership during the term of this Agreement, a “fair-fair share” deduction shall be made from his paycheck by the Employer. This fair share amount to be deducted shall be certified by the Union PSEO to the Employer, Employer and shall represent a pro rata share of the costs of collective bargaining, contract administration and grievance adjustments adjustment during the life of this Agreementagreement. This amount shall not include any monies spent in the form of political contributions and shall in no event exceed 85 percent 100% of the normal Union duesPSEO monthly dues so long as the PSEO remains locally-controlled only. Employees who object to such deductions on the basis of bona fide religious beliefs or teachings of a church or religious body of which that employee is a member shall be afforded the opportunity to designate that such amounts amount deducted shall be paid to a non-religious charity mutually mutually-agreed on by the employee and the UnionPSEO. This fair share deduction shall only be made from the paycheck of any bargaining unit employee during those periods of time throughout the term of this Agreement that the Union PSEO maintains membership of at least seventy-five percent (75%) of the non-probationary eligible bargaining unit members eligible to join. In the event that the dues dues-paying membership of the Union PSEO is less than seventy- five percent (75%) of the non-probationary bargaining unit members eligible for membership, no such deductions deduction shall be made unless and until the seventy-five percent (75%) requirement is met. The amount withheld shall be remitted to the Union PSEO within seven (7) days of its being deducted from the employee’s paycheckemployees’ paychecks. The amount deducted shall remain the same until the Employer receives written notice from the Union PSEO that a different fair share amount should be deducted. The Union PSEO agrees to notify all employees in the bargaining unit of the existence of the fair share provisions of this Agreement. Such notice shall consist of a posting on the Union PSEO bulletin boards at all fire stations, or documented letter to each covered employee setting forth the following information:
1. Copies of the specific provisions of this Agreement relating to fair share deductions;.
2. A statement of the duration of the Agreement;.
3. A statement of the amount of fair share deductions deduction to be made (such made. Such notice shall be regularly updated in the event of any change in the amount);.
4. The name and name, address and telephone number of the Union PSEO official responsible for administering the fair share deduction program; and.
5. An explanation A description of how objections to the Fair Share amount may be filed with the Illinois State Labor Relations Board, dispute resolution procedure set forth below including the Board’s address and phone numbermanner in which objections shall be made. In the event that an employee objects to the fair share deduction made from his paycheck, he shall be afforded the opportunity to complain to the Union PSEO and the Employer. Such complaint shall be delivered to the Union PSEO and the Employer and shall state the nature of the objection objections and the reasons the employee believes the fair share deduction to be improper. Such complaints shall be limited to deductions made within the calendar year the complaint is filed. Once such a complaint has been received by the Employer or the UnionPSEO, each party warrants to immediately notify the other of the existence of the objection and provide a photocopy thereof at the earliest possible date. The Employer employer shall continue to deduct the certified fair share amount from the paycheck of an objecting employee, employee but shall not remit any such sums sum to the Union PSEO for any period after the date of the filing of the complaint. All sums deducted thereafter shall be placed in an escrow account, account independently managed and held pending the resolution of the complaint. Objections Any interest earned as a result of such escrow shall go to the fair share deductions unresolved between PSEO if the Union issue is resolved in favor of the PSEO, and objecting employee(s) may be adjudicated by all interest earned shall go to the employee if the issue is resolved in favor of the employee. The responsibility for resolving such disputes is vested in the Illinois Public Employee Labor Relations Board through its procedures established under the Illinois Public Labor Relations Act and the Rules and Regulations or a similarly-constituted state agency. The cost of the Board. Employees whose objections are sustained shall have the appropriate amount of disputed deductions returned to them from the escrow account, together with a pro-rata share of the interest earned. Those fair share deductions found to have been appropriate any such dispute resolution shall be given to borne by the Union at the conclusion of the objective procedure, together with a pro rata share of the interest earnedPSEO. The Union PSEO agrees to fully cooperate in the investigation of any such complaint, complaint including providing the Employer and the objecting party with certified copies of the relevant records of the Union PSEO concerning fair share deductions. Such materials material shall be likewise provided to the neutral party ISLRB charged with resolving the dispute. Objecting employees and the Union PSEO shall be afforded notice and the opportunity to be heard at any hearing concerning such complaints. Each party may be represented by counsel of their choosing or elect to proceed without counsel. The Union PSEO agrees to indemnify the Employer from all proper actions taken by the Employer in making such fair share deductions. The Union PSEO shall hold the City harmless against any and all costs and damages resulting from the Employer’s proper implementation and administration of the Fair Share Agreement. The City shall withhold the fair share deductions so long as the Union complies with this sectionagreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement