Fair Share Fee. 1. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become members of the Association, or who elect not to remain members.
2. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, 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.
3. Payroll deduction of such fair share fee shall commence with the first payroll on or after January 15th of each school year.
4. Dues rates and fair share fee rates shall be transmitted by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association.
5. The Board further agrees to accompany each such transmittal with a list of names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each.
6. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal rebate procedure adopted by the Association, or such non-members may submit each appeal as provided by law.
7. The amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted.
8. The Association agrees to indemnify the Board for any cost of liability incurred as a result of the implementation and enforcement of this provision provided that:
a. The Board shall give a ten (10) day written notice of any claim or action filed against the employer by a non-member for which indemnification may be claimed;
b. The Association shall reserve the right to designate counsel to represent and defend the employer;
c. The Board agrees to 1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) permit the Association or its affiliates to intervene as a party if it so desires, and/or 3) not oppose the Association or its affiliates’ application to file an amicus curiae brief in the action;
d. The action brought against th...
Fair Share Fee. The North Baltimore Board of Education agrees to automatic payroll deduction, as a condition of employment, of an amount equal to the dues of the United Education Profession from the pay of all bargaining unit members who elect not to become members of the United Education Profession (NEA, OEA, NWOEA, NBEA) or who elect not to remain members. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, 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. Payroll deduction of such fair share fees shall begin with the first full pay period that follows January 15 each year for the balance of the contract year. Deductions shall be made in equal installments and shall be the sum of the United Education Profession dues less the amount determined by the audit done at the State level to be for political or ideological purposes. The Local Association shall submit by January 1 each year the list of fee payers and the prescribed amount to be payroll deducted after the January 15 pay period described earlier in this Article. The Board Treasurer agrees to promptly transmit all amounts deducted to the Association and to accompany each such transmittal with a list of the names of the bargaining unit members for whom all such deductions were made, the period covered and the amounts deducted for each. 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. The Association agrees to notify all non-members of their right to become members of the Association during the month of September. The above fair share fee provision shall be an exclusive right of the Association not granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. The NBEA indemnifies the Board of Education from this provision in the contract with the following understanding:
1. The employer is required to give the NBEA ten (10) days written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed.
2. The NBEA has a right to designate counsel to represent and defend the employer.
3. The employer agr...
Fair Share Fee. In accordance with PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.
Fair Share Fee. All members of the bargaining unit shall either become dues paying members of the Union or as a condition of continued employment, remit to the Union a fair share fee in an amount set by the Union, in accordance with the provisions of the Ohio Revised Code Section 4117.09 (C). This amount shall be deducted from the wages of all such non-member employees on the same basis as the deductions made for dues from members of the Union. Nothing in this section shall be construed to require any employee to become a member of the Union. Dues and fair share fees shall be paid by employees while on disability leave as provided in Article 47 and deducted from the benefits received.
Fair Share Fee. For any period of time that fair share fees are determined to be illegal, the provisions of Section 7.7 shall not apply.
A. As a condition of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are not members of the Association, including employees who resign from membership in the Association after the effective date of this Labor Agreement, shall pay the Association, through payroll deduction, a fair share fee. The fair share fee is automatic and does not require the written authorization of the employee. This provision shall not require any employee to become or remain a member of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying to the Employer the amount of the fair share fee. The fair share fee shall not be used to finance political and/or ideological activity. The fair share fee is strictly to finance the proportionate share of the cost of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Section. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductions. Public employees who are members of and adhere to established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law.
B. It is further agreed that the Association shall defend, and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed on the Employer under this Article, e...
Fair Share Fee. As a consequence of the decision in Janus v. AFSCME, Council 31, et al. (decided June 27, 2018), the City and the Lodge have agreed to remove prior provisions pertaining to the payment of fair share fees by non-members; and, the City and Lodge agree that fair share fees may no longer be deducted from non-members’ pay. The City and the Lodge agree further that, in the event there are changes in the law that permit the collection of fees or other financial support from non-members of the Lodge through payroll deduction, the Lodge and the City shall enter into good faith negotiations to address and permit the collection of such fees and/or financial support though payroll deduction.
Fair Share Fee. The Board of Education, upon notification by the Association, shall check off fair share fees from the earnings of employees in the unit who are not members of the Association. Such fee shall be established and deducted in accordance with the provisions of PELRA.
Fair Share Fee. For any period in which fair share fees are illegal, the provisions in Section 2 of Article 3 shall have no force and effect.
A. All employees within the bargaining unit who elect not to join the Union shall pay to the Union an amount of money known as the Fair Share Fee to reimburse FOP 38 for the costs of representation for the purposes of collective bargaining and for no other purpose, consistent with Ohio Revised Code, Section 4117.09. The Treasurer of the Union shall certify to the CITY the amount of the Fair Share Fee and that the fee is to reimburse FOP 38 for the costs of providing representation for collective bargaining and for no other purpose. Upon such certification by FOP 38, the CITY shall automatically and without requiring further authorization, deduct that amount from the pay of each employee obligated to pay the fee and remit the fee to FOP 38 in the same manner as dues. For existing non-probationary employees, such payments shall commence upon the date of the execution of this Agreement. For probationary or new employees, such payments shall commence at the conclusion of the first sixty (60) days of employment.
B. FOP 38 shall prescribe an internal procedure to determine a rebate, if any, for nonmembers which conforms to both federal law and Ohio Revised Code, Chapter 4117.
C. Employees having religious objection to payment of said Fair Share Fee are subject to the provisions for exemption contained in Ohio Revised Code, Section 4117.09.
D. FOP 38 will provide the CITY with at least thirty (30) calendar days advance notice of a pending increase in dues.
E. The CITY’s remittance will be deemed correct if FOP 38 does not give written notice within two (2) calendar weeks after a remittance is forwarded, of its belief, with reasons therefore, that the remittance is incorrect.
F. FOP 38 agrees to indemnify and hold the CITY harmless against any and all claims or forms of liability arising out of its deduction from an employee’s pay of FOP 38 dues, fees, or assessments. FOP 38 assumes full responsibility for the disposition of the deductions so made once they have been forwarded by the CITY.
Fair Share Fee. A. The Association shall have the right to assess non-members a representation fee. Said fee shall be in conformance with the internal rules and regulations of the Association.
B. Bargaining unit members will have the options of joining the Association and enjoying all the rights of membership or not joining the Association and paying the representation fee, which shall not be greater than the membership fees of the bargaining unit members. The Union represents to the employer that an internal rebate procedure has been established in accordance with Section 4417.09(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 member of the bargaining unit who does not join the Union and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Upon timely demand, non-members may apply to the Union for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Union.
C. All fair share fee payroll deduction forms must be provided to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder of the pay periods left in the year. In the case of unit members newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the later of sixty days employment in the bargaining unit position or January 15. The employer agrees to accompany each transmittal with a list of the names of the bargaining unit members for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each.
Fair Share Fee. 5.01 All bargaining unit employees who are not members in good standing of the Union shall be required to pay a fair share fee to the Union as a condition of continued employment.
5.02 All bargaining unit employees who do not become members in good standing of the Union shall be required to pay a fair share fee to the Union effective sixty-one (61) calendar days from the employee's date of hire or the date of execution of this Agreement, whichever is later, as a condition of employment.
5.03 The fair share fee amount shall be certified to the Employer by the Union. The deduction of the fair share fee from any earnings of the employee shall be automatic and does not require a written authorization for payroll deduction.
5.04 Payment to the Union of fair share fees shall be made in accordance with the regular dues deductions as provided herein. The Employer shall provide the Union with an alphabetical list of the names, social security numbers and addresses of those employees who had a fair share fee deducted along with the amount of the fair share fee deduction.
5.05 The City shall provide each newly hired bargaining unit employee with a copy of Fraternal Order of Police, Lodge 15 fair share fee (agency fee/union shop) notice. Such notice shall be presented to each newly hired bargaining unit employee within the first thirty (30) days of employment. A sufficient supply of fair share fee (agency fee/union shop) notices shall be provided by Fraternal Order of Police, Lodge 15 to the City to allow the City to meet this obligation. The City shall require that the newly hired bargaining unit employee sign a receipt acknowledging that the notice was presented. The City shall mail each original receipt to the Fraternal Order of Police, Lodge 15
