Common use of Fair Share Fee Clause in Contracts

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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 6 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Fair Share Fee. A. Any member of the bargaining unit prior to June 1. The Board agrees , 2001, with continuous service to automatic payroll deductionthe district, as who elected not to become a condition member of employment, of the Association shall not be required to pay Association dues or a fair share fee amount as designated fee. The Superintendent or designee, shall notify each new employee at the time of employment of the requirement of paying a Fair Share Fee for services rendered by the Association if the new employee elects not to become a member of the Association. B. The Board shall deduct from all the pay of members of the bargaining unit members who elect not to become or to remain members of the NTEA, a fair share fee for the Association’s representation of such non-members during the terms of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the Association, shall be transmitted by the Association to the Treasurer of the Board on or who elect not about September 15 of each year during the term of this Contract for the purpose of determining amounts to remain membersbe payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. C. Payroll deduction of such annual fair share fees shall commence on the first pay date which occurs on or after January 15th annually. In the case of unit employees 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: 1. Sixty (60) days employment in a bargaining unit position, or 2. January 15th D. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee less the amount previously paid through payroll deduction. 3. Payroll The deduction of such fair share fee said amount shall commence with on the first payroll pay date occurring on or after January 15th forty-five (45) days from the termination of each school yearmembership. 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. E. The Board further agrees to accompany each such 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 amount deducted for each. 6. F. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the state of Ohio. G. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. H. The Association agrees to hold the Board harmless in any suit, claim or administrative proceedings arising out of or connected with the imposition, determination or collection of fair share fees in accordance with this provision, to indemnify the Board for any cost of liability incurred imposed on it 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 suit, claim or action filed against the employer by a non-member administrative proceedings, to provide legal defense 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; howeverin any such suit, there shall be no indemnification of the Board if the Board intentionally claim or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinadministrative proceedings. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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 Fair Share Fee shall be an exclusive right conferred upon the Association from all as the exclusive bargaining agent. Each bargaining unit members who elect not member upon employment and re-employment shall annually either: a. Sign and deliver to become members of the AssociationAssociation an application for Association membership, and unless annual dues are paid by cash, check, or who elect not money order, or other approved method, sign and deliver to remain members. 2the Association an authorization to the Board for payroll deduction of Association membership dues, fees and assessments. The Treasurer of the Board shallBoard, upon notification written notice from the president of the Association that a bargaining unit member has terminated membership, shall forthwith commence the check-off of the fair share representative fee and assessments with respect to the former Association member, and the amount of the fair share fee yet to be deducted for the remainder of the school year shall be the annual membership dues representation fee and uniformly applied assessments less the amount of Association annual dues previously paid through payroll deduction; b. In lieu of becoming a member of the Association, the Board shall check-off and deduct from the wages of the bargaining unit member and pay to the Association an annual representation fee. 2. All contracts of employment for positions in the bargaining unit shall contain the following language: "This contract of employment is subject to the Master Contract between the Board and the Association, the terms and conditions of which are incorporated herein by reference as though fully rewritten herein. By signing this contract, I represent that I have been notified of the Fair Share Fee provisions contained in the Master Contract, that I will, if I elect not to become, or remain, a member of the Association, pay to the Association the lawfully prescribed annual representation fees and assessments for service and benefits to be conferred upon me by the Association directly attributable to its representation as my exclusive bargaining agent during the term of my employment by the Board." 3. Payroll deduction The President of such fair share the Association shall within thirty [30] days of official adoption of a uniform assessment fee shall commence with certify to the first payroll on or after January 15th Board the amount of each school yearthe uniform assessment fee. 4. Dues rates and fair share The Board upon receipt of the certification of the amount of representation fee rates and/or assessments shall be transmitted by automatically begin payroll deduction of the representation fee and/or assessments from the pay of every bargaining unit member that is a non-member of the Association and is currently employed in the bargaining unit. The Board shall transfer such fee and/or assessments to the Treasurer of the Board for the purpose Association within five [5] work days of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 5deduction. The Board further agrees to accompany each such transmittal representation fee payroll deduction shall be equally divided over the bargaining unit members' pay periods beginning with a list the bargaining unit members' first paycheck of names of the employment year and lasting through the remaining pay periods for that employment year. The assessment fee payroll deduction shall begin with the second payroll period in January except that no fair share fee deductions shall be made for bargaining unit members for whom all such deductions were madeemployed after December 31 until the second paycheck, which period shall be the required probationary period covered, and the amounts deducted for each. 6of newly- employed bargaining unit members. Upon timely demand, non-members may appeal to the Association the The remaining payment of the fair share fee pursuant dues of the fair share fee participant shall be equally deducted from the remaining pay periods of that participant for that employment year. The failure or refusal of the Treasurer to deduct the representation fee and/or assessments shall not relieve the employee of his/her liability to the Association for the amount of their presentation fee and assessments. 5. Upon the effective date of the Agreement, the Board and Association shall jointly notify, in writing, each bargaining unit member of this Fair Share Fee Agreement. Such notice shall have attached thereto a copy of the exact language of this Agreement. The Board shall payroll deduct their presentation fee and/or assessments in accordance with this Section of this Agreement and shall advise each member of the bargaining unit of his/her right to challenge the amount of said fee in accordance with federal law and as required by Section 4117.09 (C) of the Ohio Revised Code. 6. The Association certifies to the Board that an internal rebate procedure adopted by shall be established in accordance with Section 4117.09 (C) of the AssociationRevised Code, or and that a procedure for challenging the amount of the representation fee shall be established and posted for the information of the members of the bargaining unit and that such non-members may submit each appeal as provided by lawprocedure and posting shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. 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 or 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 made or action filed against the employer by a non-member for which indemnification may be claimed; b. The Association shall reserve and the right to designate Board mutually agree upon 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) to not oppose the Association or its affiliates' application to file an briefs amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s acted in good faith compliance with the fair share fee provision of the collective bargaining Agreement hereinthis Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply ([except due to court order) order or misapplies misapplies] such fair share fee provision provisions herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 5 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Fair Share Fee. 1. 6.08.1 The Board agrees to automatic payroll deduction, as a condition shall commence deducting from the pay of employment, members of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become or to remain members of the Chardon Education Association, a fair share fee for the Association's representation of such non-members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association's work in the realm of collective bargaining. 6.08.2 Notice of the amount of the annual fair share fee, which shall not be more than one hundred percent (100%) of the unified dues of the Association, shall be transmitted by the Association to the Treasurer of the Board on or who elect not about September 15 of each year during the term of this Contract for the purpose of determining amounts to remain be payroll-deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 6.08.3 Schedule of Fair Share Fee Deductions 6.08.3.1 Payroll deduction of such fair share fees shall begin at the second payroll period in January except that no fair share fee deductions shall be made for bargaining unit members employed after October 31 until the second paycheck, which period shall be the required probationary period of the newly-employed bargaining unit members. 2. 6.08.3.2 The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee 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. 6.08.4 The Board further agrees to accompany each such 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. 6. 6.08.5 The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the Ohio 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 Association 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. 6.08.6 Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. 6.08.7 The Association agrees on behalf of itself and the OEA and NEA agree to indemnify the Board for any cost of or liability incurred as a result of the implementation and enforcement of this provision provided that: a. 6.08.7.1 The Board shall give a ten (10) day written notice of any claim made 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. 6.08.7.2 The Board agrees to 1) to: 6.08.7.2.1 give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) ; 6.08.7.2.2 permit the Association or its affiliates to intervene as a party if it so desires, and/or 3) ; and/or 6.08.7.2.3 not oppose the Association or its affiliates' application to file an briefs amicus curiae brief in the action;. d. 6.08.8 The action brought against the Board must be a direct consequence of the Board’s acted in good faith compliance with the fair share fee provision of the collective bargaining Agreement hereinthis Negotiated Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 5 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Fair Share Fee. 1. The Board agrees For any period of time that fair share fees are determined to automatic payroll deductionbe illegal, as the provisions of Section 7.7 shall not apply. (A) As a condition of employment, sixty (60) days following the beginning of a fair share fee amount as designated by employment, or upon the Association from all effective date of this Agreement, whichever is later, employees in the bargaining unit members who elect are not to become members of the Association, or including employees who elect not to remain members. 2resign 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 Treasurer fair share fee is automatic and does not require the written authorization of the Board shall, upon notification from the Association that employee. This provision shall not require any employee to become or remain a member has terminated membershipof the Association, commence the check-off of nor shall the fair share fee with respect to exceed 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 AssociationAssociation 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 deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 8laws. The Association agrees to indemnify the Board for any cost of liability incurred as a result abide by all rules and decisions of the implementation and enforcement of this provision provided that: a. The State Employment Relations 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 courts in regard 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision deductions. Public employees who are members of the collective bargaining Agreement herein; howeverand 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, there as set forth in Section 4117.09 (C), Ohio Revised Code, shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies have such fair share fee provision hereinalternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law. 9. The above fair share fee provisions shall be an exclusive right of (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 granted to any other employee organization seeking to represent employees in the bargaining unit represented taken by the AssociationEmployer in fulfilling the obligations imposed on the Employer under this Article, except for failure to forward deducted fee. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 4 contracts

Samples: Supervisors Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. 1. A. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee an amount as designated by equal to the Association dues of the United Education Profession (the Organization, UniServ, N.E.O.E.A., O.E.A., N.E.A.) from the pay of all bargaining unit members employees who elect not to become members of the AssociationUnited Education Profession (UEP), or who elect not to remain members. 2. B. The Treasurer of the Board shallTreasurer, upon notification from the Association Organization Treasurer that a member has terminated membership, shall 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. C. Payroll deduction of such fair share fee fees shall commence begin with the first payroll on or after January 15th of each school yearsecond paycheck in February. 4. D. Dues rates and fair share fee rates shall be transmitted by the Association Organization to the Board’s 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 AssociationOrganization. E. The Board’s Treasurer shall inform the Organization Treasurer when there is a newly- hired employee after the school year begins within five (5) calendar days of that employee being hired. If that employee elects not to join the Organization, the Organization Treasurer shall inform the Board’s Treasurer of that within thirty (30) calendar days of that employee’s date of hire and shall also inform the Board’s Treasurer as to that employee’s annual fair share fee. Payroll deductions, in substantially equal amounts, shall commence on the first paydate after the later of sixty (60) calendar days of employment or the second paycheck in February. F. The Board further agrees to accompany each such transmittal provide the Organization Treasurer with a an initial list of names of bargaining unit members employees for whom all such deductions were made, the period covered, are being made and the amounts amount deducted for each. The Organization will be notified of any changes in the initial list. 6. G. Upon timely demand, non-members may appeal to the Association O.E.A. the payment of the fair share fee pursuant to the internal rebate procedure adopted by the Association, O.E.A. or such non-members may submit each appeal such appeals as provided by law. 7. The H. Nevertheless, the amount to be deducted from the pay of all non-Association Organization members shall be the total full dues as paid by members of the AssociationUEP unless the Organization Treasurer notifies the Board Treasurer to the contrary, and such deductions shall continue through the remaining number of payroll periods over which Association Organization membership dues are deducted. 8. I. The Association above fair share fee provision shall be an exclusive right of the Organization, not granted to any other organization seeking to represent employees in the bargaining unit represented by the Organization. J. The Organization agrees to indemnify indemnify, defend, and hold the Board and Administration, including each individual Board member, harmless for any cost of or liability incurred as a result of the implementation and enforcement of this provision provided that: a. provision. The Organization reserves the right to designate the attorneys for the purpose of responding to any claims, demands, suits or other forms of action hereunder. The Board shall give a ten (10) day the Organization written notice of any claim or action filed against demand arising out of or in any way related to 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. implementation of this provision within ten (10) days after receipt of such demand or claim. The Board agrees to 1) give full and complete cooperation and assistance to will cooperate with the Association and its counsel Organization 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinany proceedings. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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 Fair Share Fee shall be an exclusive right conferred upon the Association, as the exclusive bargaining agent. Each bargaining unit employee, upon employment and re-employment, shall annually either: A. Sign and deliver to the Association an application for Association membership and, unless the annual dues are paid by cash, check, money order, or who elect not other approved method, sign and deliver to remain members. 2the Association an authorization to the Treasurer for payroll deduction of membership dues, fees and assessments. The Treasurer of the Board shallTreasurer, upon notification written notice from the President of the Association that a member has terminated membership, shall forthwith commence the check-off of the fair share representation fee and assessments with respect to the former member, member and the amount of the fee yet to be deducted for the remainder of the school year shall be the annual membership dues representation fee and uniformly applied assessments less the amount of Association annual dues previously paid through payroll deduction. 3B. In lieu of becoming a member of the Association, the Treasurer shall check-off from the wages of the Employee and pay to the Association an annual representation fee equivalent to the total annual dues and uniformly applied assessments of the United Teaching Profession. Payroll deduction All contracts of such fair share fee employment for positions in the bargaining unit shall commence with contain the first payroll on following language: “This contract of employment is subject to the Master Contract between the Board of Education and the Association, the terms and conditions of which are incorporated herein by reference as though fully rewritten herein. By signing this contract, I represent that I have been notified of the Fair Share Fee provisions contained in the Master Contract, that I will, if I elect not to become or after January 15th remain a member of each school year. 4. Dues rates the Association, pay to the Association the prescribed annual representation fees and fair share fee rates shall uniformly applied assessments for service and benefits to be transmitted conferred upon me by the Association as my exclusive bargaining agent during the term of my employment by the Board.” C. The President of the Association or his/her designee shall by July 1st annually certify to the Treasurer of the Board of Education the amount of the annual representation fee for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Associationensuing school year. 5. D. The Board further agrees to accompany each such transmittal with a list President 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 his/her designee shall within thirty (30) days of official adoption of a uniform assessment fee certify 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification Treasurer of the Board if of Education the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions shall be an exclusive right amount of the Association not granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Associationuniform assessment fee. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. 1. Section 12.1 The Board agrees Association has the right to automatic payroll deduction, as a condition have deducted from the pay of employment, of a fair share fee amount as designated employees represented by the Association from all bargaining unit members who elect not to become or to remain members of the Association, a fair share fee for the Association's representation of such non-members. No non- member filing a timely demand shall be required to subsidize partisan, political or who elect ideological causes not germane to remain membersthe Association's work in the realm of collective bargaining. 2A. Notice of the amount of the annual fair share fee shall not be more than 100% of the unified dues of the Association, shall be transmitted by the Association to the County Auditor on or about September 15th of each year during the term of this contract for the purpose of determining amounts to be payroll deducted and the Board agrees to request the Auditor to promptly transmit all amounts deducted to the Association. B. Payroll deduction of such fair share fees shall commence on the first payday which occurs on or after January 15th annually. In the case of unit employees newly hired up to the beginning of the membership year, the payroll deduction shall commence on the first payday on or after the later of sixty (60) days' employment in a bargaining unit position or January 14th. The Association Treasurer shall provide the County Auditor, for each pay period, with a list of employees and the Board shallamount of dues (fair share fee) to be deducted. C. The Association shall request that the County Auditor, upon notification from the Association Treasurer that a member has terminated (membership), commence the check-off deduction 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 fair share fee less the amount previously paid through payroll deduction. 3. Payroll The deduction of such fair share fee said amount shall commence with be on the first payroll payday occurring on or after January 15th forty-five (45) days from the termination of each school yearmembership. 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. D. The Board further agrees to request that the County Auditor accompany each such 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. 6. E. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association and that such procedure and notice shall be in compliance with all applicable state and federal laws, rulings from courts of competent jurisdiction, the State Employee Relations Board, and the constitutions of the United States and the State of Ohio. F. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate of the fair share fee pursuant to the internal rebate procedure procedures 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. G. The Association agrees to indemnify the Board for any cost of or liability incurred as a result of the implementation and enforcement of this provision provided that: a. The 1. the Board shall give a ten (10) day written notice of any claim made or action filed against the employer Board by a non-member for which indemnification may be claimed;; and b. The 2. the Association shall reserve the right to designate counsel to represent and defend the employer;Board. The Board may retain counsel at its sole expense. No settlement will be made without the consent of its counsel. c. 3. The Board agrees to 1) to: a. give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) ; b. permit the Association or its affiliates to intervene as a party if it so desires, and/or 3) ; and/or c. not oppose the Association or its affiliates' application to file an briefs amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. 1. A. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee an amount as designated by equal to the Association dues of the United Education Profession (the Organization, UniServ, N.E.O.E.A., O.E.A., N.E.A.) from the pay of all bargaining unit members employees who elect not to become members of the AssociationUnited Education Profession (UEP), or who elect not to remain members. 2. B. The Treasurer of the Board shallTreasurer, upon notification from the Association Organization Treasurer that a member has terminated membership, shall 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. C. Payroll deduction of such fair share fee fees shall commence begin with the first payroll on or after January 15th of each school yearsecond paycheck in February. 4. D. Dues rates and fair share fee rates shall be transmitted by the Association Organization to the Board’s 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 AssociationOrganization. E. The Board’s Treasurer shall inform the Organization Treasurer when there is a newly- hired employee after the school year begins within five (5) calendar days of that employee being hired. If that employee elects not to join the Organization, the Organization Treasurer shall inform the Board’s Treasurer of that within thirty (30) calendar days of that employee’s date of hire and shall also inform the Board’s Treasurer as to that employee’s annual fair share fee. Payroll deductions, in substantially equal amounts, shall commence on the first paydate after the later of sixty (60) calendar days of employment or the second paycheck in February. F. The Board further agrees to accompany each such transmittal provide the Organization Treasurer with a an initial list of names of bargaining unit members employees for whom all such deductions were made, the period covered, are being made and the amounts amount deducted for each. The Organization will be notified of any changes in the initial list. 6. G. Upon timely demand, non-members may appeal to the Association O.E.A. the payment of the fair share fee pursuant to the internal rebate procedure adopted by the Association, O.E.A. or such non-members may submit each appeal such appeals as provided by law. 7. The H. Nevertheless, the amount to be deducted from the pay of all non-Association Organization members shall be the total full dues as paid by members of the AssociationUEP unless the Organization Treasurer notifies the Board Treasurer to the contrary, and such deductions shall continue through the remaining number of payroll periods over which Association Organization membership dues are deducted. 8. I. The Association above fair share fee provision shall be an exclusive right of the Organization, not granted to any other organization seeking to represent employees in the bargaining unit represented by the Organization. X. The Organization agrees to indemnify indemnify, defend, and hold the Board and Administration, including each individual Board member, harmless for any cost of or liability incurred as a result of the implementation and enforcement of this provision provided that: a. provision. The Organization reserves the right to designate the attorneys for the purpose of responding to any claims, demands, suits or other forms of action hereunder. The Board shall give a ten (10) day the Organization written notice of any claim or action filed against demand arising out of or in any way related to 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. implementation of this provision within ten (10) days after receipt of such demand or claim. The Board agrees to 1) give full and complete cooperation and assistance to will cooperate with the Association and its counsel Organization at all levels of any proceedings. K. Any provisions of this section that were declared unconstitutional by the proceedingU.S. Supreme Court in Janus v. American Federation of State, 2) permit County, and Municipal Employees, Council 31, shall no longer apply, unless or until the Association Janus decision is overturned or its affiliates to intervene as a party if it so desires, modified by future Supreme Court rulings and/or 3) not oppose changes in state or federal law. All other provisions of this Article which are unaffected by the Association or its affiliates’ application to file an amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence scope of the Board’s good faith compliance with the fair share fee provision Janus v. American Federation of the collective bargaining Agreement herein; howeverState, there County, and Municipal Employees Council 31, shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinremain in full force and effect. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. This section is null and void as a matter of law based on the Supreme Court decision in Janus/AFSCME, Council 31,585 U.S. (2018) and will not be implemented but is preserved should the law change in future years. 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Fair Share Fee. In accordance with the United States Supreme Court decision in Xxxxx v. AFSCME, 585 U.S. 1. All members employed in the bargaining unit shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. The Association shall provide a complete list of all bargaining unit members, which will include the amount of annual dues each bargaining unit member will pay, to the Board Treasurer’s office by October 5th of each year. 2. The Board agrees to an automatic payroll deduction, unless paid in one (1) lump sum prior to first payroll deduction, as a condition of employment, of a fair share fee an amount as designated by which shall not be more than one hundred percent (100%) of the Association total dues of the Association, from the pay of all bargaining unit members who elect not to become or remain members of the Association, or who elect not to remain members. 23. The Treasurer of the Board shall, upon Upon notification from the Association that a bargaining unit member has terminated membership, the Treasurer of the Board shall commence the check-off of the fair share fee with respect to the former bargaining unit member, and the amount of the fee yet to be deducted shall be the same as the annual membership dues dues, less the amount previously paid through payroll deduction. 34. Payroll deduction of such fair share fee fees shall commence with begin at the first payroll on or period following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after January 15th of each school yearDecember 31 until the second paycheck. 45. Dues rates and fair share fee rates shall be promptly transmitted by the Association to the Treasurer of the Board by the Association for the purpose of determining amounts to be payroll payroll- deducted, and the . The Board agrees to transmit promptly transmit all amounts deducted to the Association. 56. The Board further agrees to accompany each such the initial transmittal with a list of the names of bargaining unit members for whom all such deductions were are made, . 7. The Association represents to the period covered, Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the amounts deducted for eachConstitution of the United States and the State of Ohio. 68. Upon timely demand, non-members nonmembers 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 nonmembers may submit each appeal such appeals as provided by law. 79. The amount to be deducted from the pay of all non-Association bargaining unit members shall be not more than one hundred percent (100%) of the total dues as paid by members of the Associationbargaining unit, and such deductions shall continue through the remaining number of payroll periods over which Association bargaining unit membership dues are deducted. 810. The Association bargaining unit agrees to indemnify the Board for any cost of or 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 made or action filed against the employer by a non-member or a nonmember 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 the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, proceedings; (2) To permit the Association or its affiliates to intervene as a party if when it so desires, and/or ; and/or (3) not oppose To accept the Association or its affiliates’ affiliate's application to file an briefs amicus curiae brief in the action;; and d. The action brought against the Board must be a direct consequence of the Board’s 's good faith compliance with the fair share fee provision of the collective bargaining Agreement hereinthis Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (apply, except due to court order) , or misapplies such fair share fee provision herein. 911. A nonmember in the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph 2 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as member-only benefits. 12. Any nonmember of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be subject to a civil action for damages in the amount of any unpaid service fee and other assessments, to the Association for the annual fair share fee assessment. The above fair share fee provisions provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. 1013. The Association and its state and national affiliates Board of Education shall amend their internal rebate procedures have no requirement to comply with the constitutional requirements of the current law and bring an action against any subsequent decisions of a court of competent jurisdictionbargaining unit member under this article.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share Fee. 1. A. The Nelsonville-York City Board of Education agrees to automatic payroll deduction, as a condition of employment, of a fair share fee an amount as designated by equal to the total dues of the Association from the pay of all bargaining unit members who elect not to become members of the AssociationUnited Teaching Profession, or who elect not to remain members. 2. B. 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 fees shall commence with the first payroll on or after begin January 15th of each school calendar year. 4. C. 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. D. The Board further agrees to accompany each such transmittal with a list of the names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. 6. E. 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 such appeals as provided by law. 7. F. 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 the 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. 1. The Board agrees to automatic payroll deductionEach bargaining unit employee who is not a member of the Union shall, as a condition of employment, of pay a fair share fee amount as designated by to the Association from all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. 2Union. 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 obligation shall commence on: The effective date of this Agreement for all current employees who have been employed for more than sixty (60) calendar days. The sixty-first calendar day of employment for all current employees who have not completed sixty (60) calendar days of employment as of the effective date of this Agreement. The sixty-first calendar day of employment for each employee hired after the effective date of this Agreement. Fair share fees shall be paid by automatic payroll deduction. Fair share fee deductions do not require prior authorization from the affected employee. Fair share fees shall be deducted in amounts determined by the Union in accordance with respect to the former member, provisions of its published Fair Share Fee Procedure. Fair share fee payroll deductions and transmittals shall be made in the same manner provided herein for dues deductions. The Employer shall provide the Union an alphabetical list of the names and addresses of each employee on whose account a fair share fee was deducted during the previous month including the amount of the fee yet deduction. The Employer’s obligation to deduct fair share fees is contingent upon the Union’s fulfillment, on the behalf of each non-member, bargaining unit employee, of each obligation established in its published Fair Share Fee Procedure. The Union may amend its published Fair Share Fee Procedure by providing the Employer a written copy of the procedure as amended. Changes in the amounts to be deducted shall become effective on the thirtieth calendar day after their actual receipt by the Employer. Both the Employer and the Union intend that this Article be the annual membership dues less the amount previously paid through payroll deduction. 3lawful in every respect. Payroll deduction If any court of such fair share fee shall commence with the first payroll on or after January 15th last resort determines any provision of each school year. 4. Dues rates and fair share fee rates this Article is illegal, that provision, alone, shall be transmitted void. Invalidation of any provision of this Article does not invalidate the remaining provisions. If a provision is judicially invalidated, the Employer and the Union shall meet within fourteen (14) calendar days after the entry of judgment to negotiate lawful, alternative provisions. This Article does not waive any of the Employer’s rights to seek judicial review of any of its provisions at any time. The Union warrants and guarantees to the Employer that no provision of this Article violates the constitution or laws of either the United States of America or the State of Ohio. Therefore, the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions, or proceedings by any employee arising from deductions made by the Association Employer pursuant to this Article. Once the funds are remitted to the Treasurer of the Board for the purpose of determining amounts to be payroll deductedUnion, 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 their disposition thereafter shall be the total dues as paid by members sole and exclusive obligation and responsibility of the Association, Union. This Article constitutes the entire Agreement between the Union and such deductions shall continue through the remaining number Employer with regard to fair share fees. All other agreements are hereby rendered void. No portion 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 this Article may be amended except by written signed agreement 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinparties. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. 1. The Portage County Board agrees to automatic payroll deductionof Developmental Disabilities agrees, as a condition of employment, for the payment to the Association of a fair share fee amount as designated Fair Share Fee by the Association from all bargaining unit members each employee who elect elects not to become members or remain a member of the Association, or who elect not to remain members. 2. The Treasurer Director of the Board Human Resources shall, upon notification from the Association that a member has terminated membership, commence the check-off of the fair share fee 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 deductionmember as stipulated below. 3. Payroll deduction of such fair share fee Fair Share Fee shall commence with begin the first payroll on or after pay in January 15th for bargaining unit members who elect not to be members of each school yearthe Association, except that no deductions shall be made for newly employed bargaining unit members for the first thirty (30) days, and that period shall be the required probationary period for newly employed bargaining unit members. 4. Dues rates and fair share fee Fair Share Fee rates shall be transmitted by the Association to the Treasurer Director of the Board Human Resources 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 the 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 nonmembers may appeal to the Association the payment of the fair share fee Fair Share Fee pursuant to the internal rebate procedure adopted by the Association, Association or such non-members may submit each appeal such appeals as provided by law. The Internal Rebate Procedure shall provide for a rebate of expenditures in support of partisan politics or ideological causes not germane to the work of employee organizations in the realm of collective bargaining. 76. 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share Fee. 1. Fair Share Fee - The Xxxxxxx Local Board of Education agrees to automatic payroll deduction, as a condition of employment, of a fair share fee an amount as designated by equal to the total dues of the Association from the pay of all bargaining unit members who elect not to become members of the AssociationUnited Teaching Profession, or who elect not to remain members. 2. A. 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 fees shall commence with begin at the first same payroll on or after January 15th period as dues deductions are begun for members of each school yearthe Association. 4. B. Dues rates and fair share fee rates shall be transmitted by the Association to the Treasurer treasurer of the Board for the purpose of determining amounts to be payroll 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 the names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. 6. C. 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-non- members may submit each appeal such appeals as provided by law. 7. D. 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 the 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Fair Share Fee. A. Fair Share Fee shall be an exclusive right conferred upon the union as the exclusive bargaining agent. Each bargaining unit member upon employment and reemployment, shall annually EITHER 1. The Sign and deliver to the Union an application for union membership, and unless the annual dues are paid by cash, check, money order, or other approved method, sign and deliver to the Union an authorization to the Board agrees for payroll deduction of union membership dues. Such payroll deductions shall begin the second pay of October and continue for twenty (20) consecutive payments. -OR- 2. In lieu of becoming a member of the Union, the Board shall check-off and deduct from the wages of the bargaining unit member and pay to automatic payroll deductionthe Union an annual fair share fee. B. All contracts of employment for positions in the bargaining unit shall contain the following language: “This contract of employment is subject to the Master Contract between the Board and the Union, the terms and conditions of which are incorporated herein by reference as though fully rewritten herein. By signing this contract, I represent that I have been notified of the Fair Share Fee provisions contained in the Master Contract, that I will, if I elect not to become, or remain, a condition member of employmentthe Union, of a pay to the Union the lawfully prescribed annual fair share fee amount as designated for service and benefits to be conferred upon me by the Association from all Union directly attributable to its representation as my exclusive bargaining unit members who elect not to become members agent during the term of my employment by the Board.” C. The Treasurer of the AssociationUnion shall certify to the Board Treasurer the amount of the fair share fee by September 30th. If the member is employed after this date, or who elect not the Treasurer of the Union will provide the member with the details of being an objector, allow that information to remain members. 2be transmitted to OEA then have the fair share fees deducted once the Union has been informed of the status of that member. The Treasurer of the district will begin deducting the fair share fees once the letter from OEA has been sent to him/her. D. The Board shall, upon notification from receipt of the Association that a member has terminated membership, commence certification of the check-off amount of the fair share fee with respect to the former member, and the amount shall begin payroll deduction of the fair share fee yet to be deducted shall be from the annual membership dues less pay of every bargaining unit member that is non-member of the amount previously paid through payroll deduction. 3Union and is currently employed in the bargaining unit. Payroll deduction of such The fair share fee shall commence be deducted in bi-weekly payments beginning with the first payroll on or pay after January 15th of each school year. 415th, if applicable. Dues rates and The Board shall transfer such fair share fee rates shall be transmitted by the Association fees to the Treasurer of the Board Union within five (5) working days of deduction. The failure or refusal of the Treasurer to deduct the fair share fee shall not relieve the employee of his/her liability to the Union for the purpose amount of determining amounts to be payroll deductedthe fair share fee. E. Upon the effective date of this Agreement, and the Board agrees to promptly transmit all amounts deducted to and Union shall jointly notify, in writing, each bargaining unit member of this Fair Share Fee Agreement. Such notice shall have attached thereto a copy of the Association. 5exact language of this agreement. The Board further agrees to accompany shall payroll deduct the fair share fee in accordance with this Section of this Agreement and the association shall advise each such transmittal with a list member of names of the bargaining unit members for whom all such deductions were made, of his/her right to challenge the period covered, amount of said fees in accordance with federal law and as required by Section 4117.09(C) of the amounts deducted for eachOhio Revised Code. 6. Upon timely demand, non-members may appeal F. The association represents to the Association Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the payment Revised Code and that a procedure for challenging the amount of the fair share fee pursuant has been established and will be given to each member of the bargaining unit who does not join the association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the State of Ohio. G. The union will indemnify, defend and hold harmless the Board, its members, officers and employees from any and all claims, liability and expense including punitive damages, arising out of or related to the internal rebate procedure adopted by deduction and payment to 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 Union 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 Fair Share Fee provided 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 acted in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement hereinthis agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) order or misapplies such fair share fee provision hereinadministrative agency having authority over the Board of Education). 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share Fee. Each employee, not enrolling as a member, covered by this Agreement shall be required as a condition of employment to pay the Association a Fair Share Fee equal to the dues of the United Education Profession. The United Education Profession includes: NEA, OEA, NWOEA, and NLEA. Effective September 1, 1985, however, all those employees covered by this Agreement and who are not dues-paying members of the Association, shall be assessed the Fair Share Fee. The Board will provide a payroll deduction for professional dues upon receipt of a list submitted by the NLEA by September 15th of each school year. Deductions shall be made in twenty-five (25) equal installments beginning with the first full pay period after the list is submitted. Staff members choosing to be fee payers shall have the deduction of the fees to begin in equal installments with the first pay period that follows January 15 each year for the balance of the contract year. The NLEA and its membership shall hold the Board harmless for any unauthorized deductions. The Board agrees to automatic payroll deduction, as a condition of employment, of a fair share fee amount as designated by furnish the Association from all bargaining unit members who elect not to become members with a name list and amount of the Association, or who elect not to remain members. 2fees/dues deducted. 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 also 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 nonmembers may appeal to the Association the payment of the fair share fee Fair Share Fee pursuant to the internal rebate procedure adopted by the Association, or such non-members nonmembers may submit each appeal such appeals as provided by law. 7. The Association agrees to notify all nonmembers of their right to become members of the Association during the month of September. Nevertheless, the amount to be deducted from the pay of all non-Association members shall be the total full dues as paid by members of the AssociationUnited Education Profession, unless the Association notifies the Treasurer of the Board to the contrary, 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 for the Board for any cost of liability incurred as a result balance 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 contract year that follow 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9January 15 date noted above. The above fair share fee provisions Fair Share Fee provision shall be an exclusive right of the Association not granted to any other employee organization seeking to represent employees certificated staff members in the bargaining unit represented by the Association. Within the contract, certificated teachers should be known as certificated/licensed teachers. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share Fee. ‌ A. Any member of the bargaining unit prior to June 1. The Board agrees , 2001, with continuous service to automatic payroll deductionthe district, as who elected not to become a condition member of employment, of the Association shall not be required to pay Association dues or a fair share fee amount as designated fee. The Superintendent or designee, shall notify each new employee at the time of employment of the requirement of paying a Fair Share Fee for services rendered by the Association if the new employee elects not to become a member of the Association. B. The Board shall deduct from all the pay of members of the bargaining unit members who elect not to become or to remain members of the NTEA, a fair share fee for the Association’s representation of such non-members during the terms of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the Association, shall be transmitted by the Association to the Treasurer of the Board on or who elect not about September 15 of each year during the term of this Contract for the purpose of determining amounts to remain membersbe payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. C. Payroll deduction of such annual fair share fees shall commence on the first pay date which occurs on or after January 15th annually. In the case of unit employees 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: 1. Sixty (60) days employment in a bargaining unit position, or 2. January 15th D. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee less the amount previously paid through payroll deduction. 3. Payroll The deduction of such fair share fee said amount shall commence with on the first payroll pay date occurring on or after January 15th forty-five (45) days from the termination of each school yearmembership. 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. E. The Board further agrees to accompany each such 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 amount deducted for each. 6. F. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the state of Ohio. G. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. H. The Association agrees to hold the Board harmless in any suit, claim or administrative proceedings arising out of or connected with the imposition, determination or collection of fair share fees in accordance with this provision, to indemnify the Board for any cost of liability incurred imposed on it 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 suit, claim or action filed against the employer by a non-member administrative proceedings, to provide legal defense 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; howeverin any such suit, there shall be no indemnification of the Board if the Board intentionally claim or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinadministrative proceedings. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share Fee. 1. The Board agrees Association has the right to automatic payroll deduction, as a condition have deducted from the pay of employment, the members of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become or to remain members of the Association, a fair share fee for the Association's representation of such non- members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan, political or who elect ideological causes not germane to remain membersthe Association's work in the realm of collective bargaining. 1. Notice of the amount of the annual fair share fee which shall not be more than one hundred percent (100%) of the unified dues of the Association, shall be transmitted by the Association Treasurer to the County Auditor on or about September 15th of each year during the term of this contract for the purpose of determining amounts to be payroll deducted and the Board agrees to promptly transmit all amounts deducted to the Association Treasurer. 2. The Treasurer Payroll deduction of such fair share fees shall commence on the first pay day which occurs on or after January 15th annually. In the case of unit employees newly hired up to the beginning of the membership year, the payroll deduction shall commence on the first pay day on or after, the later of sixty (60) days' employment in a bargaining unit position or January 15. 3. The Board shall request that the County Auditor shall, upon notification from the Association Treasurer that a member has terminated membership, commence the check-off deduction 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 fair share fee less the amount previously paid through payroll deduction. 3. Payroll The deduction of such fair share fee said amount shall commence with be on the first payroll pay day occurring on or after January 15th forty-five (45) days from the termination of each school yearmembership. 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 request that the County Auditor accompany each such 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. 5. The Association represents to the Board that an internal rebate procedure has been established in accordance with O.R.C. Section 4117.09(C) 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 Association and that such procedure and notice shall be in compliance with all applicable state and federal laws, rulings from courts of competent jurisdiction, SERB, and the constitutions of the United States and the State of Ohio. 6. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate of the fair share fee pursuant to the internal rebate procedure procedures 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 or 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 made or action filed against the employer 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;Employer. The Board may retain its counsel at its sole expense. No settlement will be made without the consent of its counsel. c. The Board agrees to 1) to: i. give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, 2) ; ii. permit the Association or its affiliates to intervene as a party Party if it so desires, and/or 3) ; and/or iii. not oppose the Association or its affiliates' application to file an briefs amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share Fee. 1. The Board agrees A. Sixty (60) calendar days following the beginning of employment or the effective date of this Agreement, whichever is later, employees in the bargaining unit who are not members of the union shall pay to automatic payroll deduction, the union a fair share fee as a condition of employment, of a employment with the employer. Such fair share fee amount as designated shall not exceed dues paid by the Association from all bargaining unit members who elect not to become members of the Association, or union who elect not to remain members. 2are in the bargaining unit. The Treasurer of union shall notify the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off employer of the fair share fee with respect to amounts and of any changes in 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 amounts in the same manner as notification of amounts and changes in the amounts of dues deductions. Fair share fees shall commence with be deducted from the first payroll on or after January 15th checks of each school yearthe employees in the same manner as regular membership dues are deducted and forwarded by the employer to the union in the same manner except that written authorization for deduction of fair share fees is not required. 4B. The union agrees to prescribe an internal procedure to determine a rebate, if any, for nonmembers, which conforms to federal law, provided a nonmember makes a timely demand on the union. Dues rates Annually, the union shall determine and notify the nonmember fair share fee rates shall be transmitted by the Association to the Treasurer payers 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 amount of the fair share fee pursuant determined to be subject to advance rebate or reduction and the manner in which the nonmember fair share fee payer may file an objection and, if desired, a challenge to the internal determination of such amount. Upon receipt of a written objection (and challenge, if filed) from a nonmember fair share fee payer, the Union State Treasurer shall cause a check in the amount of the advance rebate procedure adopted or reduction plus proportionate interest, if any, to be sent to the objector. The rebate or reduction will be made in an advance lump sum on annual basis. All challenges which are timely made shall be consolidated into one hearing per year before an impartial arbitrator selected by the AssociationAmerican Arbitration Association (AAA). Upon receipt of a written challenge, or such non-members may submit each appeal as provided the union shall place an amount equal to one hundred percent (100%) of the challenger's fair share fees, minus the advance rebate, in an interest bearing escrow account maintained by lawthe union. The fair share fees shall remain in escrow until the arbitration award is issued and shall be distributed to the union and the challenger in accordance with the arbitrator's ruling. 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. C. The Association agrees to indemnify and hold the Board harmless against any judgments for any cost of costs, expenses, or other liability incurred the Board might incur 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10section. The Association and its state and national affiliates shall amend their internal rebate procedures agrees to comply with the constitutional requirements assume complete responsibility for resolving any disputes arising out of the current law and any subsequent decisions of a court of competent jurisdictiondues deduction procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Fair Share Fee. 1. The Portage County Board agrees to automatic payroll deductionof Developmental Disabilities agrees, as a condition of employment, for the payment to the Association of a fair share fee amount as designated Fair Share Fee by the Association from all bargaining unit members each employee who elect elects not to become members or remain a member of the Association, or who elect not to remain members. 2. The Treasurer Director of the Board Human Resources shall, upon notification from the Association that a member has terminated membership, commence the check-off of the fair share fee Fair Share Fee with respect to the former member, and the . The amount of the fee Fair Share Fee yet to be deducted shall be the annual membership dues less the amount previously paid through payroll deductionby the former member. 3. Payroll deduction of such fair share fee Fair Share Fee shall commence with begin the first payroll on or after pay in January 15th for bargaining unit members who elect not to be members of each school yearthe Association, except that no deductions shall be made for newly employed bargaining unit members for the first thirty (30) days, and that period shall be the required probationary period for newly employed bargaining unit members. 4. Dues rates and fair share fee Fair Share Fee rates shall be transmitted by the Association to the Treasurer Director of the Board Human Resources 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 the 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 nonmembers may appeal to the Association the payment of the fair share fee Fair Share Fee pursuant to the internal rebate procedure adopted by the Association, Association or such non-non- members may submit each appeal such appeals as provided by law. The Internal Rebate Procedure shall provide for a rebate of expenditures in support of partisan politics or ideological causes not germane to the work of employee organizations in the realm of collective bargaining. 76. 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 1 contract

Samples: Master Agreement

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) to not oppose the Association or its affiliates’ application to file an amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 1 contract

Samples: Master Contract

Fair Share Fee. 1. The Board of Education agrees to automatic payroll deduction, as a condition of employment, of a fair share fee an amount as designated by equal to dues of the Association AEA, from the pay of all bargaining unit members who elect not to become members of the Association, or who elect not to remain members. 2. The Board 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 Fair Share Fee with respect to the former member, member and the amount of the fee Fair Share 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 Fair Share Fee shall commence with begin at the first payroll on or period after January 15th 15 or thirty (30) days after hire, whichever is later. Payroll deduction of each school yearsuch Fair Share Fee shall begin at the same payroll period as dues deductions are begun for members of the AEA, except that no deductions shall be made for newly employed bargaining unit members until the first paycheck of October, which period shall be the required probation period for newly employed bargaining unit members. 4. Dues rates and fair share fee Fair Share Fee rates shall be transmitted by the Association AEA to the Board Treasurer of the Board for the purpose of determining amounts the amount 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 nonmembers may appeal to the Association the payment of the fair share fee Fair Share Fee pursuant to the internal rebate procedure Internal Procedure adopted by the Association, or such non-members nonmembers may submit each appeal such appeals as provided by law. 6. Implementation of this Fair Share Fee provision shall begin in the first paycheck received in January by bargaining unit members who have elected not to be members of the Association; the AEA agrees to notify all such nonmembers of their right to become Association members during the month of September. 7. The Nevertheless, the amount to be deducted from the pay of all non-Association AEA members shall be the total full dues as paid by members of the Association, AEA unless the AEA notifies the Board Treasurer to the contrary; and such deductions shall continue through the remaining number of payroll periods over which Association AEA 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 1 contract

Samples: Master Agreement

Fair Share Fee. 1. The 29.01 To the extent permitted by law, the Board agrees to automatic payroll deduction, as a condition shall deduct from the pay of employment, members of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become or remain members of the Association, a fair share fee for the Association’s representation of such non-members during the term of this Contract. No non-member filing a timely demand shall be required to subsidize partisan political or who elect ideological causes not germane to remain the Association’s work in the realm of collective bargaining. 29.02 Notice of the amount of the annual fair share fee, which shall not be more than one hundred percent (100%) of the unified dues of the Association, shall be transmitted by the Association to the Board Treasurer on or about September 15 of each year during the term of this Contract for the purpose of determining amounts to be payroll-deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 29.03 Payroll deductions of such fair share fees shall begin at the second payroll period in November except that no fair share fee deductions shall be made for bargaining unit members employed after October 31 until their second paycheck, which period shall be the required probationary period of newly employed bargaining unit members. 2. 29.04 The Board Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee 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. 29.05 The Board further agrees to accompany each such 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. 6. Upon timely demand, non-members may appeal 29.06 The Association represents to the Association the payment of the fair share fee pursuant to the Board that an internal rebate procedure adopted by has been established in accordance with O.R.C. 4117.09(C) and that a procedure for challenging 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, representation fee has been established and such deductions shall continue through the remaining number of payroll periods over which Association membership dues are deducted. 8. The Association agrees will be given to indemnify the Board for any cost of liability incurred as a result each member 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 bargaining unit who does not join 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies that such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.procedure

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share Fee. 1. The 29.01 To the extent permitted by law, the Board agrees to automatic payroll deduction, as a condition shall deduct from the pay of employment, members of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become or remain members of the Association, a fair share fee for the Association’s representation of such non-members during the term of this Contract. No non-member filing a timely demand shall be required to subsidize partisan political or who elect ideological causes not germane to remain the Association’s work in the realm of collective bargaining. 29.02 Notice of the amount of the annual fair share fee, which shall not be more than one hundred percent (100%) of the unified dues of the Association, shall be transmitted by the Association to the Board Treasurer on or about September 15 of each year during the term of this Contract for the purpose of determining amounts to be payroll-deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 29.03 Payroll deductions of such fair share fees shall begin at the second payroll period in November except that no fair share fee deductions shall be made for bargaining unit members employed after October 31 until their second paycheck, which period shall be the required probationary period of newly employed bargaining unit members. 2. 29.04 The Board Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee 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. 29.05 The Board further agrees to accompany each such 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. 6. 29.06 The Association represents to the Board that an internal rebate procedure has been established in accordance with O.R.C. 4117.09(C) 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 Association 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. 29.07 Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. 29.08 The Association on behalf of itself and the OEA and NEA agrees to indemnify the Board for any cost of or liability incurred as a result of the implementation and enforcement of this provision provided that: a. A. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer Board by a non-member for which indemnification may be claimed; b. B. The Association shall reserve the right to designate counsel to represent and defend the employerBoard; c. C. The Board agrees to 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 briefs amicus curiae brief in the action;; and d. D. The action brought against the Board must be a direct consequence of the Board’s acted in good faith compliance with the fair share fee provision of the collective bargaining Agreement hereinthis Contract; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 1 contract

Samples: Employment Agreement

Fair Share Fee. 1. The Board agrees to automatic payroll deduction, as a condition shall deduct from the pay of employment, of a fair share fee amount as designated by the Association from all bargaining unit members who elect not to become or to remain members of the BEA/OEA/NEA, a fair share fee for the Association's representation of such non-members. Notice of the amount of the annual fair share fee, which shall not be more than one hundred percent (100%) of the unified dues 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 on or about January 1 of each year for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. 5. Payroll deduction of such fair share fees shall begin at the first payroll period in February except that no fair share fee deductions shall be made for bargaining unit members employed after February 20 until the second paycheck, which period shall be the required probationary period of newly-employed bargaining unit members. The Treasurer of the Board shall, upon notification from the Association that a bargaining unit member has terminated membership, commence the deduction of the fair share fee with respect to the former bargaining unit member, and the amount of the fee yet to be deducted shall be the annual fair share fee less the amount previously paid through payroll deduction. The Board further agrees to accompany each such 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. 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 on behalf of itself and the OEA and NEA agrees to indemnify the Board Board, its members, officers, Treasurer, and employees in the Treasurer's office, for any cost of or liability incurred as a result of the implementation and enforcement of this provision provided that: a. 1. The Board shall give a ten twenty-one (1021) day written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed;. b. 2. The Association shall reserve the right to designate counsel to represent and defend the employer;. c. 3. The Board agrees to 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) to not oppose the Association or its affiliates' application to file an briefs amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. The Association shall administer its fair share and its rebate procedure consistent with all applicable federal and state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdictionlaw.

Appears in 1 contract

Samples: Master Agreement

Fair Share Fee. 1. All members employed in the bargaining unit shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. The Association shall provide a A complete list of all bargaining unit members, which will include the amount of annual dues each bargaining unit member will pay, will be provided to the Board Treasurer’s office by October 5th of each year. 2. The Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of a fair share fee an amount as designated by which shall not be more than one hundred percent (100%) equal to of the Association total dues of the Association, from the pay of all bargaining unit members who elect not to become or remain members of the Association, or who elect not to remain members. 23. The Treasurer of the Board shall, upon Upon notification from the Association that a bargaining unit member has terminated membership, the treasurer of the Board shall commence the check-off of the fair share fee with respect to the former bargaining unit member, and the amount of the fee yet to be deducted shall be the same as the annual membership dues dues, less the amount previously paid through payroll deduction. 34. Payroll deduction of such fair share fee fees shall commence with begin at the first payroll on or period following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after January 15th of each school yearDecember 31 until the second paycheck. 45. Dues rates and fair share fee rates shall be promptly transmitted to the treasurer of the Board by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll payroll- deducted, and the . The Board agrees to transmit promptly transmit all amounts deducted to the Association. 56. The Board further agrees to accompany each such the initial transmittal with a list of the names of bargaining unit members for whom all such deductions were are made, . 7. The Association represents to the period covered, Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the amounts deducted for eachConstitution of the United States and the State of Ohio. 68. Upon timely demand, non-members nonmembers 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 nonmembers may submit each appeal such appeals as provided by law. 79. The amount to be deducted from the pay of all non-Association bargaining unit members shall be not more than one hundred percent (100%) of the total dues as paid by members of the Associationbargaining unit, and such deductions shall continue through the remaining number of payroll periods over which Association bargaining unit membership dues are deducted. 810. The Association bargaining unit agrees to indemnify the Board for any cost of or 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 made or action filed against the employer by a non-member or a nonmember 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 the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, proceedings; (2) To permit the Association or its affiliates to intervene as a party if when it so desires, and/or ; and/or (3) not oppose To accept the Association or its affiliates’ affiliate's application to file an briefs amicus curiae brief in the action;; and d. The action brought against the Board must be a direct consequence of the Board’s 's good faith compliance with the fair share fee provision of this Agreement the collective bargaining Agreement agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (apply, except due to court order) , or misapplies such fair share fee provision herein. 911. A nonmember in the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph 2 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as member-only benefits. 12. Any nonmember of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be liable subject to a civil action for damages in the amount of any unpaid service fee and other assessments, to the Association for the annual fair share fee assessment. The above fair share fee provisions provision shall be an exclusive right of the Association during the term of this agreement Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. 1013. The Association and its state and national affiliates Board of Education shall amend their internal rebate procedures have no requirement to comply with the constitutional requirements of the current law and bring an action against any subsequent decisions of a court of competent jurisdictionbargaining unit member under this article.

Appears in 1 contract

Samples: Tentative Agreement

Fair Share Fee. In accordance with the United States Supreme Court decision in Xxxxx v. AFSCME, 585 U.S. (2018), requiring the collection of fair share fees has stopped. Any language in this article concerning the collection of fair share fees is void until such date on which either the United States Supreme Court overrules the Janus decision or there are legislative changes. All language in the Article not concerning the collection of fair share fees remains valid. 1. All members employed in the bargaining unit shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee. The Association shall provide a complete list of all bargaining unit members, which will include the amount of annual dues each bargaining unit member will pay, to the Board Treasurer’s office by October 5th of each year. 2. The Board agrees to an automatic payroll deduction, unless paid in one (1) lump sum prior to first payroll deduction, as a condition of employment, of a fair share fee an amount as designated by which shall not be more than one hundred percent (100%) of the Association total dues of the Association, from the pay of all bargaining unit members who elect not to become or remain members of the Association, or who elect not to remain members. 23. The Treasurer of the Board shall, upon Upon notification from the Association that a bargaining unit member has terminated membership, the Treasurer of the Board shall commence the check-off of the fair share fee with respect to the former bargaining unit member, and the amount of the fee yet to be deducted shall be the same as the annual membership dues dues, less the amount previously paid through payroll deduction. 34. Payroll deduction of such fair share fee fees shall commence with begin at the first payroll on or period following January 15, except that no fair share fee deductions shall be made for bargaining unit members employed after January 15th of each school yearDecember 31 until the second paycheck. 45. Dues rates and fair share fee rates shall be promptly transmitted by the Association to the Treasurer of the Board by the Association for the purpose of determining amounts to be payroll payroll- deducted, and the . The Board agrees to transmit promptly transmit all amounts deducted to the Association. 56. The Board further agrees to accompany each such the initial transmittal with a list of the names of bargaining unit members for whom all such deductions were are made, . 7. The Association represents to the period covered, Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the amounts deducted for eachConstitution of the United States and the State of Ohio. 68. Upon timely demand, non-members nonmembers 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 nonmembers may submit each appeal such appeals as provided by law. 79. The amount to be deducted from the pay of all non-Association bargaining unit members shall be not more than one hundred percent (100%) of the total dues as paid by members of the Associationbargaining unit, and such deductions shall continue through the remaining number of payroll periods over which Association bargaining unit membership dues are deducted. 810. The Association bargaining unit agrees to indemnify the Board for any cost of or 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 made or action filed against the employer by a non-member or a nonmember 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 the following: (1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, proceedings; (2) To permit the Association or its affiliates to intervene as a party if when it so desires, and/or ; and/or (3) not oppose To accept the Association or its affiliates’ affiliate's application to file an briefs amicus curiae brief in the action;; and d. The action brought against the Board must be a direct consequence of the Board’s 's good faith compliance with the fair share fee provision of the collective bargaining Agreement hereinthis Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (apply, except due to court order) , or misapplies such fair share fee provision herein. 911. A nonmember in the bargaining unit who pays a fair share fee to, or whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph 2 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as member-only benefits. 12. Any nonmember of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be subject to a civil action for damages in the amount of any unpaid service fee and other assessments, to the Association for the annual fair share fee assessment. The above fair share fee provisions provision shall be an exclusive right of the Association during the term of this Agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Association. 1013. The Association and its state and national affiliates Board of Education shall amend their internal rebate procedures have no requirement to comply with the constitutional requirements of the current law and bring an action against any subsequent decisions of a court of competent jurisdictionbargaining unit member under this article.

Appears in 1 contract

Samples: Master Agreement

Fair Share Fee. A. Any member of the bargaining unit prior to June 1. The Board agrees , 2001,with continuous service to automatic payroll deductionthe district, as who elected not to become a condition member of employment, of the Association shall not be required to pay Association dues or a fair share fee amount as designated fee. The Superintendent or designee, shall notify each new employee at the time of employment of the requirement of paying a Fair Share Fee for services rendered by the Association if the new employee elects not to become a member of the Association. B. The Board shall deduct from all the pay of members of the bargaining unit members who elect not to become or to remain members of the NTEA, a fair share fee for the Association’s representation of such non-members during the terms of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues of the Association, shall be transmitted by the Association to the Treasurer of the Board on or who elect not about September 15 of each year during the term of this Contract for the purpose of determining amounts to remain membersbe payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. C. Payroll deduction of such annual fair share fees shall commence on the first pay date which occurs on or after January 15th annually. In the case of unit employees 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: 1. Sixty (60) days employment in a bargaining unit position, or 2. January 15th D. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee less the amount previously paid through payroll deduction. 3. Payroll The deduction of such fair share fee said amount shall commence with on the first payroll pay date occurring on or after January 15th forty-five (45) days from the termination of each school yearmembership. 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. E. The Board further agrees to accompany each such 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 amount deducted for each. 6. F. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(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 Association, and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the state of Ohio. G. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. H. The Association agrees to hold the Board harmless in any suit, claim or administrative proceedings arising out of or connected with the imposition, determination or collection of fair share fees in accordance with this provision, to indemnify the Board for any cost of liability incurred imposed on it 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 suit, claim or action filed against the employer by a non-member administrative proceedings, to provide legal defense 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; howeverin any such suit, there shall be no indemnification of the Board if the Board intentionally claim or willfully fails to apply (except due to court order) or misapplies such fair share fee provision hereinadministrative proceedings. 9. The above fair share fee provisions 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. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 1 contract

Samples: Master Agreement

Fair Share Fee. 1A. The Board shall deduct from the pay of members of the bargaining unit who elect not to become or to remain members of the LAA, a fair share fee for the Association’s representation of such non-members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. B. Notice of the amount of the annual and/or pro rata fair share fee, which shall be no more than 100% of the unified dues of the Association, shall be transmitted by the Association to the Treasurer of the Board. The Board agrees to automatic payroll deduction, as a condition transmit all amounts deducted to the Association. C. Payroll deduction of employment, of a such fair share fee amount as designated by shall begin the Association from all bargaining unit members who elect not to become members of the Association, first pay date which occurs on or who elect not to remain membersafter January 15. 2. D. The Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the check-off deduction 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 fair share fee less the amount previously paid through payroll deductionpaid. 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. E. The Board further agrees to accompany each such 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 amount deducted for each. 6. F. The Association represents to the Board that an internal rebate procedure has been established, 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 Association and that such procedure and notices shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the State of Ohio. G. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. H. The Association agrees to shall indemnify the Board for any cost of cost, expense, or other liability incurred that an employer might incur as a result of the implementation and enforcement of this provision provided that: a. these provisions. The Board shall employer is required to give a the LAA ten (10) day days written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed; b. . The Association shall reserve LAA, at its cost, has the right to designate counsel to represent and defend the employer;. c. I. The Board employer agrees to 1to: (a) give full and complete cooperation and assistance to the Association affiliate and its counsel at all levels of the proceeding, 2proceedings; (b) permit the Association affiliate or its affiliates affiliated organizations to intervene as a party if it so desires, ; and/or 3(c) to not oppose the Association affiliate or its affiliatesaffiliated organizations’ application to file an brief amicus curiae brief in the action; d. . The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; contract provision, provided however, that there shall be no indemnification of the Board if the Board it intentionally or willfully fails to apply (except due to a court order) or misapplies such the fair share fee provision hereincontract provision. 9. J. Fee payers shall not be entitled to use the grievance procedure or bring action against the Board for collecting fair share fees. K. The above Board shall pay one fair share fee provisions shall be an exclusive right for removal of the Association not granted to any other employee organization seeking to represent employees in the bargaining unit represented by the Associationhigh school principal from LAA. 10. The Association and its state and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements of the current law and any subsequent decisions of a court of competent jurisdiction.

Appears in 1 contract

Samples: Negotiated Agreement

Fair Share Fee. 1. The Ayersville Local Board of Education agrees to automatic payroll deduction, as a condition of employment, of a fair share fee an amount as designated by equal to the Association dues of the United Teaching Profession from the pay of all bargaining unit members who elect not to become members of the AssociationUnited Teaching Profession, (NEA, OEA, NWOEA, AEA) 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 fees shall commence begin with the first payroll on or pay period after January 15th 15 in any given year. In the case of each employees hired after the beginning of the school year. 4year who are fair share fee payers, the payroll deduction shall commence of the first pay date after sixty (60) days of employment or January 15, whichever is later. In no case shall it be later than March 15. Dues rates and fair share fee rates shall be transmitted by the Association to the Treasurer of the Board on or about January 1 of each year 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 the 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-non- members may submit each appeal such appeals as provided by law. 7. The amount to be deducted from the pay checks of all non-Association members shall be the total full dues as paid by members of the AssociationUnited Teaching Profession, unless the Association notifies the Treasurer of the Board to the contrary, 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 the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 9. The above fair share fee provisions 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. 10. If for any reason the Board fails to make a deduction for any employee as above provided, it shall make that deduction from the employee’s next pay in which such deduction is normally deducted after the error has been called to its attention [in writing] by the employee and/or the Association. The Association agrees to hold the Board and its state designees harmless for any and national affiliates shall amend their internal rebate procedures to comply with the constitutional requirements all errors arising out of the current law dues deduction procedure. The Association agrees to assume full responsibility for correcting any and any subsequent decisions all errors arising out of a court of competent jurisdictionthe dues deduction process.

Appears in 1 contract

Samples: Master Contract

Fair Share Fee. 1. The Board agrees to automatic payroll deductionshall deduct from the pay of members of the bargaining unit, 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 or to remain members of the Sheffield-Sheffield Lake Classified Employees Association, a fair share fee for the Association’s representation of such non-members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or who elect ideological causes not germane to remain membersthe Association’s work in the realm of collective bargaining. 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 fees 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, covered and the amounts deducted for each. 6. The Association represents to the Board that an internal rebate procedure has been established in accordance with O.R.C. §4117.09(C) 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 Association 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. 7. Upon timely demand, non-members may appeal apply to the Association the payment for an advance reduction/rebate 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. 78. 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. 89. The Association agrees to indemnify the Board for any cost of or liability incurred as a result of the implementation and enforcement of this provision provision, provided that: a. The Board shall give a ten (10) day written notice of any claim made 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 shall 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 brief amicus curiae brief in the action; d. The action brought against the Board must be a direct consequence of the Board’s good faith compliance with the fair share fee provision of the collective bargaining Agreement agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein. 910. The above fair share fee provisions 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. 1011. The Association and its state and national affiliates affiliations shall amend their internal rebate procedures to comply with the constitutional requirements of the current law Xxxxxx decision and any subsequent decisions decision of a court of competent jurisdiction.

Appears in 1 contract

Samples: Negotiated Agreement

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