Common use of Fair Share Fee Clause in Contracts

Fair Share Fee. In accordance with PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance with PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative Association may be required by the exclusive representative Association to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representativeAssociation, less the cost of benefits financed through the dues and available only to members of the exclusive representative, Association but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative Association shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District Commissioner, the school district, and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Director, the School Districtschool district, and the exclusive representative Association within thirty (30) days after the receipt of the written noticenotices. All challenges shall specify those portions of the assessment challenged and the reasons therefor, therefor but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeAssociation. The School District school district shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within Association thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative Association hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District school district harmless from any and all actions, suits, claims, damages, judgmentsjudgements, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative Association as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRA1. The Portage County Board of Developmental Disabilities agrees, any as a condition of employment, for the payment to the Association of a Fair Share Fee by each employee included in the appropriate unit who is elects not to become or remain a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representativeAssociation. 2. The fair share fee for any employee shall be in an amount equal Director of Human Resources 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 regular membership dues former member as stipulated below. 3. Payroll deduction of such Fair Share Fee shall begin the exclusive representative, less the cost of benefits financed through the dues and available only first pay in January for bargaining unit members who elect not to be members of the exclusive representativeAssociation, but in except that no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment deductions shall be filed, in writing, with made for newly employed bargaining unit members for the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within first thirty (30) days after days, and that period shall be the receipt required probationary period for newly employed bargaining unit members. 4. Dues rates and Fair Share Fee rates shall be transmitted by the Association to the Director of 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 written noticebargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. All challenges shall specify those portions Upon timely demand, nonmembers may appeal to the Association the payment of the assessment challenged and the reasons therefor, but the burden of proof relating Fair Share Fee pursuant to the internal procedure adopted by the Association or such non-members may submit such appeals as provided by law. The 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. 6. The amount to be deducted from the pay of all non-Association members shall be the total dues as paid by members of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnifyAssociation, and save such deductions shall continue through the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms remaining number of liability, liquidated or unliquidated, payroll periods over which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this AgreementAssociation membership dues are deducted.

Fair Share Fee. In accordance with PELRA, any employee teacher included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee teacher to be assessed to the School District and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Minnesota Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee teacher and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance with PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance 1. Beginning with PELRAemployees hired for the 2006-2007 school year, any employee included in the appropriate unit as allowed by O.R.C. 4117.09(C), all employees covered by this Agreement who is are not a member members of the exclusive representative may be required by the exclusive representative GFT shall pay to contribute GFT, through deductions from each paycheck, a fair share fee for services rendered as exclusive representativethe cost of collective bargaining services. The obligation of non-members to pay such fair share fee commences with the first paycheck due in September, or with the first paycheck due sixty days after initial employment in the bargaining unit, whichever occurs later. The written consent of non-union members shall not be required as condition for any employee payroll deduction of the fee. 2. Procedures shall be adopted and distributed annually by the GFT to all non-members allowing them to (1) annually object to payment of a fair share fee equal to union dues and thereafter receive a rebate and fee reduction, representing that portion of union dues deemed to be “non- chargeable” under state or federal law; and (2) challenge the manner in which the fee is calculated and obtain a hearing before an impartial arbitrator with respect to such challenge. Upon request, the GFT shall provide the Board with copies of the procedure adopted by the union to comply with this paragraph. In the absence of an objection, an amount equal to full Union dues shall be deducted from each non-member’s paycheck. The GFT will timely inform the regular membership treasurer within ten days of a timely objection. 3. Fair share fee payments by non-union members shall be deducted by the Board from their paychecks and remitted to the GFT in the same manner that the dues of the exclusive representative, less the cost of benefits financed through the dues and available only to union members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership duesare deducted. 4. The exclusive representative GFT shall provide written submit to the Board at least fourteen days prior to the first paycheck of each school year the annual notice of sent to non-members describing the amount of the fair share fee assessment for the upcoming school year and the name rights of each employee non-members to be assessed object to the School District and the written notice of the amount to each employee to be assessed or challenge the fair share fee. 5. A challenge In the event the Board is held to be responsible for the repayment of moneys paid to the GFT pursuant to this Fair Share Agreement, the GFT, to the extent of those funds actually received by an employee or it, shall reimburse the same to the Board and/or the designated bargaining unit employees involved. 6. If any provision of this Section is declared by a person aggrieved by the assessment court to be invalid under federal or state law, said provision shall be filed, in writing, modified by agreement of the parties to comply with the Commissioner requirements of said federal or state law, and only those portions of this Section that are held to be invalid shall no longer be binding upon the Bureau of Mediation Services (Commissioner), the School Districtparties, and the exclusive representative within thirty (30) days after the receipt balance of the written notice. All challenges this Section shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, remain in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementeffect.

Fair Share Fee. In accordance with the PELRA, any employee teacher included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Services, the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative Exclusive Representative may be required by the exclusive representative Exclusive Representative to contribute a fair share fee for services rendered as exclusive representativeExclusive Representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representativeExclusive Representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativeExclusive Representative, but in no event shall the fee exceed eighty-five five-percent (85%) of the regular membership dues. The exclusive representative Exclusive Representative shall provide written notice of the amount of the fair share fee assessment and to the name of each employee to be assessed to Director, the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Director, the School District, and the exclusive representative Exclusive Representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeExclusive Representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within Exclusive Representative thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner Director, PERB or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative Exclusive Representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgmentsjudgment’s, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative Exclusive Representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRAa. All employees shall, any employee included in the appropriate unit who is not within sixty (60) days following their employment or execution of this Agreement, either become a member of the exclusive representative may be required by Association or pay to the exclusive representative to contribute Association a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership established dues of the exclusive representativeAssociation. 1) Within the specified time limit, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of employees may either pay the fair share fee assessment and the name of each employee to be assessed directly to the School District and Association or by payroll deduction. 2) It shall be the written notice responsibility of the amount Association to each employee establish and publish an internal rebate procedure for monies spent on matters not related to be assessed the fair share fee. A challenge by an employee negotiation or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner administration of this Agreement to employees who elect not to become members of the Bureau of Mediation Services (Commissioner), Association. The Association will provide the School District, Superintendent and the exclusive representative within thirty (30) days after the receipt such employees with a copy of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating rebate procedure. 3) Religiously based objection to the amount payment of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow governed by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject Ohio Revised Code Section 4117.09(C). b. The Board agrees to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the an automatic payroll deduction of the fair share fee. Unless paid in one lump sum prior to the first payroll deduction, an amount equal to the normal dues of the Association shall be deducted from the pay of all employees who elect not to become members of the Association or who elect not to remain members. c. Upon notification from the Association that a member has terminated membership, the Treasurer of the Board 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 annum membership dues less the amount previously paid through payroll deduction. d. Payroll deduction of such fair share fees shall be as specified by in the exclusive representative as provided in Payroll Procedure Article of this Agreement. 1) The Association will indemnify and save harmless the Board, individual Board members, the Treasurer and all Administrators against any judgments, costs, expenses or other liability they, collectively or individually, might incur as a result of the implementation and enforcement of this Article. 2) The Board must give the Association written notice of any claim made, or action filed, against the Board or person indemnified by a nonmember for whom indemnification may be claimed within ten (10) days of the service of such claim or action. 3) The Association and the Board agree to cooperate in the selection of counsel to represent and defend the Board. 4) The Board further agrees (1) to give full and complete cooperation to the Association and its counsel at all levels of the proceedings, (2) to permit the Association to intervene as a party if it is mutually beneficial, and/or

Fair Share Fee. In accordance with PELRAP.E.L.R.A, as amended, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District school district and the written notice of the amount to each employee unit employee, as defined by Article I, Section 1.06 of this Agreement, to be assessed the fair share fee. The school district will provide the exclusive representative with a list of all unit employees upon request. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Services, the School Districtschool district, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District school district shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District school district harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRAM.S. 179A.06, Subd. 3, as amended, any employee included in the appropriate unit teacher who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District Director of Mediation Services, the District, and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Director, the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct deduct, in ten (10) equal installments, the fee from the earnings of the employee and transmit the fee to the exclusive representative within commencing thirty (30) days after the written notice was provided, or, or in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner Director, PERB or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants Any dispute as to the amount of such fee shall be between the Union and covenants that it will defend, indemnifythe teacher(s) involved, and save the School Union shall hold the District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms liability arising from the deductions of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified as certified by the exclusive representative as provided in this AgreementUnion.

Fair Share Fee. In accordance with PELRA, any employee included in A. All members of the appropriate bargaining unit who is are not a member members of the exclusive representative may be required by Association and its Local #634 shall pay to the exclusive representative to contribute Association a fair share fee for services rendered as exclusive representativea condition of their continued employment with the Tuscarawas Valley Local School District. The Such fair share fee for any employee shall be in an amount equal to the regular membership not exceed dues of the exclusive representative, less the cost of benefits financed through the dues and available only to paid by members of the exclusive representative, but in no event Association and its Local #634. B. The Association shall notify the fee exceed eighty-five percent (85%) Board of the regular membership dues. The exclusive representative fair share fee amount and shall concurrently provide written to each non-member employee a notice of the amount of the fee, an adequate explanation as to how the fee was determined, a statement that the employee may file an objection as to the amount, and an explanation as to the procedure which the employee must follow to challenge the amount of the fee under the Association’s internal rebate policy. Fair share fee shall be deducted through the payroll deduction procedure, in the same manner as dues deductions, and forwarded to the Association with notices of names and amounts as provided in Section 17.06 of this Agreement, except that written authorization for fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by deduction is not required. C. If a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount waiver of the fair share fee shall be on is filed with the exclusive representative. The School District shall deduct the fee from the earnings of the employee State Employment Relations Board under O.R.C. §4117.09(C) for religious objections, and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, orit is granted, in the event a challenge is filedlieu of payment, the deductions for a such employee shall pay through payroll deduction an amount of money equal to such fair share fee shall be held in escrow to a non-religious charitable fund exempt from taxation under Section 501(C)(3) of the Internal Revenue Code, mutually agreed upon by such employee and the School District OAPSE State Treasurer. Failure to pay under this religious exemption, pending a decision by hearing on the Commissioner matter, shall cause the employee to forfeit continued employment with the school District. D. If the Board of Education is named as a party defendant, or otherwise required to participate in any lawsuit or other proceedings as a court. Any fair share fee challenge shall not be subject result of this Article (Fair Share Fee) and Section of this Agreement, the Association agrees to indemnify and hold the grievance procedure. The exclusive representative hereby warrants Board of Education, its agents and covenants that it will defendrepresentatives, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, awards, costs and executions or other forms expenses, including reasonable attorney fees. The Board of liability, liquidated or unliquidated, which any person may have or claim Education agrees to have, now or in accept Association counsel as co-counsel for the future, defense of claims arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in from this AgreementSection.

Fair Share Fee. In accordance with PELRAM.S. 179.65, Subd. 2, as amended, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice Commissioner of the amount Bureau of Mediation Services, the school district, and to each employee to be assessed the fair share fee. Upon request, the employer shall provide the exclusive representative with a list of all unit employees. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Services, the School Districtschool district, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District school district shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner of the Bureau of Mediation Services or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District school district harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. The following section is hereby suspended until a time in which fair share fee collection is found to be in compliance with state and federal law, statue and court precedent. In accordance with PELRAthe P.E.L.R.A., any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative Exclusive Representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five 85 percent (85%) of the regular membership dues. The exclusive representative Exclusive Representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the Commissioner, the School District District, and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative Exclusive Representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeExclusive Representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within Exclusive Representative thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance with PELRAM.S. 179A.06, Subd. 3, as amended, any employee included in the appropriate unit teacher who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee teacher to be assessed to the School District and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Minnesota Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct deduct, in ten (10) equal installments, the fee from the earnings of the employee teacher and transmit the fee to the exclusive representative within commencing thirty (30) days after the written notice was provided, or, or in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants Any dispute as to the amount of such fee shall be between the Union and covenants that it will defend, indemnifythe teacher(s) involved, and save the School Union shall hold the District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms liability arising from the deductions of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified as certified by the exclusive representative as provided in this AgreementUnion.

Fair Share Fee. In accordance with To the extent permitted by PELRA, any employee included teachers in the appropriate unit who is are not a member members of the exclusive representative Representative may be required by the exclusive representative Representative to contribute a fair share fee for services rendered as exclusive representativeby Representative. The fair share fee for any employee District's obligation so to deduct shall be in an amount equal to not exceed the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership duesobligation provided by PELRA. The exclusive representative shall provide If Representative gives District written notice of the amount names of the fair share fee assessment and the name teachers of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the whom it requires a fair share fee, District shall check off such fee from the earnings of such teachers and transmit it to Representative. A challenge by an employee or by a person aggrieved by the assessment The first deduction for any teacher shall be filed, in writing, due with respect to the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days first check for that teacher issued on or after the receipt of 30th day following the written notice. All challenges Such notice shall specify those portions of the assessment challenged be in writing and the reasons therefor, but the burden of proof relating shall be delivered to District at its administrative offices. Any dispute by teachers as to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow resolved by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge teacher and Representative and shall not be subject to the grievance procedureunder this Agreement. The exclusive representative Representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided herein. §505. Personnel Files. Pursuant to M.S. 122A.40 Subd. 19, as amended, all evaluations and files relating to individual teachers shall be available during regular District business hours to the particular individual teacher upon written request. If a district administrator places a signed Letter of Reprimand, Letter of Warning, Notice of Suspension, Notice of Deficiency, or Counseling Memorandum in an employee’s official personnel file held at the district office, the district will provide a copy of the document to the employee. The teacher shall have the right to reproduce any of the contents of the files at the teacher’s expense and to submit for inclusion in the file written information in response to any material contained therein. However, the District may destroy such files as provided by law and shall expunge from the teacher’s file any material found to be false or inaccurate through the grievance procedure as set forth in this Agreement.

Fair Share Fee. In accordance with PELRAthe P.E.L.R.A., as amended, any employee included in the appropriate unit who is not a member of the exclusive representative bargaining unit may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativebargaining unit, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The School District shall provide, upon the request of the A.C.A., a list of all eligible unit employees. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. Beginning 30 days after the written notice is provided, the School District shall deduct the fee through payroll deduction from the earnings of the fair shared employee and transmit the fee to the exclusive representative. A list of fair shared employees and the amount deducted through payroll deduction shall be provided to the A.C.A. upon request by the A.C.A. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner), the School Districtschool district, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner or a courtof the Bureau of Mediation Services, who shall hear and decide all issues related to the challenge. Any fair share fee challenge shall not be subject to between the grievance procedureexclusive representative and the employee involved. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgmentsjudgments and executions, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRAM.S. 179.65, Subd. 2, as amended, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District Director, the school district, and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Director, the School Districtschool district, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District school district shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, provided or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner Director, PERB, or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District school district harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein. ARTICLE II JOB CLASSIFICATIONS, RATES OF PAY AND OTHER COMPENSATION

Fair Share Fee. In accordance with PELRA, any employee teacher included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativerepresentative on a pro-rated basis of the school year using the following formula: x/185 (duty days as per Article XIV, Section 1) x 85% of membership dues, [but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues]. (SY 2016 - 2017 will be 183 duty days) The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee teacher to be assessed to the School District District, and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (CommissionerBMS), the School District, and the exclusive representative within thirty (30) 30 days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee teacher and transmit the fee to the exclusive representative within thirty (30) 30 days after the written notice was provided, or, in . In the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner of the Bureau of Mediation Services, or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidatedun-liquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance with PELRAthe P.E.L.R.A., any employee Teacher included in the appropriate unit who is not a member of the exclusive representative Exclusive Representative may be required by the exclusive representative Exclusive Representative to contribute a fair share fee for services rendered as exclusive representativeExclusive Representative. The fair share fee for any employee Teacher shall be in an amount equal to the regular membership dues of the exclusive representativeExclusive Representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativeExclusive Representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative Exclusive Representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School director, the District and the written notice of the amount to each employee Teacher to be assessed the fair share fee. A challenge by an employee a Teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative Exclusive Representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeExclusive Representative. The School District shall deduct the fee from the earnings of the employee Teacher and transmit the fee to the exclusive representative within Exclusive Representative thirty (30) days after the written notice was provided, or, in the event a challenge is filed, filed the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtBureau of Mediation Services. Any fair share fee challenge shall not be subject to the grievance procedure. Any fair share challenge shall be between the Exclusive Representative and the Teacher involved. The exclusive representative Exclusive Representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, have now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative Exclusive Representative as provided herein. The District will not initiate any litigation against the Exclusive Representative in this Agreementmatters regarding the fair share fee.

Fair Share Fee. In accordance with PELRA, any employee principal included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee principal shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee principal to be assessed to the School District and the written notice of the amount to each employee principal to be assessed the fair share fee. A challenge by an employee a principal or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee principal and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance with the PELRA, any employee teacher included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Services, the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidatedun-liquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with the PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five 85 percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) 30 days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) 30 days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRA, any employee teacher included in the appropriate unit who is not a member of the exclusive representative Exclusive Representative may be required by the exclusive representative Exclusive Representative to contribute a fair share fee for services rendered as exclusive representativeExclusive Representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representativeExclusive Representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativeExclusive Repre- sentative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative Exclusive Representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District District, and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Services, the School District, and the exclusive representative Exclusive Representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeExclusive Representative. The School District shall deduct the fee from the earnings of the employee teacher and transmit the fee to the exclusive representative Exclusive Representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a final decision by the Commissioner of the Bureau of Mediation Services or a court. Any fair share fee challenge shall not be subject to the grievance procedureCourt. The exclusive representative hereby warrants and covenants that it will defend, indemnify, Exclusive Representative shall indemnify and save the School District harmless from any and all actions, suits, claims, damagesdemands, judgments, and executions suits or any other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, action arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in from this Agreementarticle.

Fair Share Fee. In accordance with PELRASECTION 1. All employees, any employee included in who have completed the appropriate unit who is not first six (6) months of their probationary period, as a condition of continued employment, shall pay a monthly service charge equivalent to the dues paid by a member of the Union and to be determined by the Union in accordance with the provisions of the Ohio Revised Code 4117.09 (C), and to be deducted by the City from the pay of the Employee and forwarded to the Union. SECTION 2. It is specifically agreed that the City assumes no obligation, financial or otherwise, except as herein provided, and the Union hereby agrees that it will indemnify and hold the City harmless from any claims, actions, or proceedings by any employee arising from deductions made by the City pursuant to this Article. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive representative may obligation and responsibility of the Union. The City shall not be required obligated to make dues deductions from any employee who, during any pay period involved, shall have failed to receive sufficient wages to equal the dues deductions. SECTION 3. Fair share fees shall be commensurate with and designed to cover each employee’s prorated share of: (1) the direct costs incurred by the Union in negotiating and administering this agreement and of settling grievances and other disputes arising under this agreement; and (2) the Union’s expenses incurred for activities normally and reasonably employed to effectuate its duties as the exclusive representative of the employees in the bargaining unit covered by this Agreement and other permissible costs as provided for by law. The Union shall certify to contribute a the City no later than January 31 of each calendar year the current fair share fee for services rendered as exclusive representativethat is to be charged and deducted. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of All disputes concerning the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, in writing, with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge fees shall not be subject to the grievance procedureprocedure of this agreement. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save Disputes of this nature shall be resolved under the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of Union’s internal rebate reduction procedure or by reason the employee’s submission of the deduction of dispute to the fair share fee specified by the exclusive representative as provided in this AgreementState Employment Relations Board (SERB).

Fair Share Fee. In accordance with PELRAthe P.E.L.R.A., any employee teacher included in the appropriate unit who is not a member of the exclusive representative may will be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership duesdues or as provided by law. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice Director of the amount Bureau of Mediation Services, the school district, and to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau Director of Mediation Services (Commissioner)Services, the School Districtschool district, and the exclusive representative within thirty (30) 30 days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, therefore but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District school district shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner Director of Mediation Services, PERB, or a courtthe Court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District school district harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRAP.E.L.R.A., any employee teacher included in the appropriate unit who is not a member of the exclusive representative Exclusive Representative may be required by the exclusive representative Exclusive Representative to contribute a fair share fee for services rendered as exclusive representativeExclusive Representative. The fair share fee for from any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representativeExclusive Representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativeExclusive Representative, but in no event shall the fee exceed eighty-five percent (85%) percent of the regular membership dues. The exclusive representative Association agrees to notify the School District or its designee promptly when any teacher subject to a fair share fee deduction becomes a member of the Association, and in that event, no further fair share fee deductions for such teacher will be made. The Exclusive Representative shall provide written notice of the amount of the fair share fee assessment and to the name Commissioner of each employee to be assessed to the Bureau of Mediation Services, the School District and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative Exclusive Representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeExclusive Representative. The School District shall deduct the fee from the earnings of the employee teacher and transmit the fee to the exclusive representative Exclusive Representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative Exclusive Representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now now, or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative Exclusive Representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRA, any employee included in the appropriate unit who is not a member Members of the exclusive representative may be required by Union shall pay to the exclusive representative to contribute Union, through deductions from each paycheck, a fair share fee for services rendered as exclusive representativethe cost of collective bargaining services. The obligation of non- members to pay such fair share fee commences with the first paycheck due in September, or with the first paycheck due sixty (60) days after initial employment in the bargaining unit, whichever occurs later. The written consent of non-union members shall not be required as a condition for any employee payroll deduction of the fee. A. Procedures shall be adopted and distributed annually by the Union to all non-members allowing them to (1) annually object to payment of a fair share fee equal to union dues and thereafter receive a rebate and fee reduction, representing that portion of union dues deemed to be “non- chargeable” under state or federal law; and (2) challenge the manner in which the fee is calculated and obtain a hearing before an impartial arbitrator with respect to such challenge. Upon request, the Union shall provide the Board with copies of the procedure adopted by the union to comply with this paragraph. In the absence of an objection, an amount equal to full Union dues shall be deducted from each non-member’s paycheck. The Union will timely inform [Employer] within ten (10) days of receipt of a timely objection. B. Fair share fee payments by non-union members shall be deducted by the regular membership Board from their paychecks and remitted to the Union in the same manner that the dues of union members are deducted. C. The Union shall submit to the exclusive representative, less Board at least fourteen (14) days prior to the cost first paycheck of benefits financed through each school year the dues and available only annual notice sent to non-members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative shall provide written notice of describing the amount of the fair share fee assessment for the upcoming school year and the name rights of each employee non-members to be assessed object to the School District and the written notice of the amount to each employee to be assessed or challenge the fair share fee. A challenge . D. The Board shall provide the Union a list of new teachers, teachers returning from leaves of absence, teachers granted leaves of absence, and separations on a weekly or otherwise timely basis. E. In the event the Board is held to be responsible for the repayment of moneys paid to the Union pursuant to this Fair Share Fee Agreement, the Union, to the extent of those funds actually received by an employee or it, shall reimburse same to the Board and/or the designated bargaining unit employees involved. F. If any provision of this Section is declared by a person aggrieved by the assessment court to be invalid under federal or state law, said provision shall be filed, in writing, modified by agreement of the parties to comply with the Commissioner requirements of said federal or state law, and only those portions of this Section that are held to be invalid shall no longer be binding upon the Bureau of Mediation Services (Commissioner), the School Districtparties, and the exclusive representative within thirty (30) days after the receipt balance of the written notice. All challenges this Section shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, or, remain in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementeffect.

Fair Share Fee. In accordance with PELRA, any employee teacher included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee teacher shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representativerepresentative on a pro-rated basis of the school year using the following formula: x/185 (duty days as per Article XIV, Section 1) x 85% of membership dues, [but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues]. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee teacher to be assessed to the School District District, and the written notice of the amount to each employee teacher to be assessed the fair share fee. A challenge by an employee a teacher or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (CommissionerBMS), the School District, and the exclusive representative within thirty (30) 30 days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District shall deduct the fee from the earnings of the employee teacher and transmit the fee to the exclusive representative within thirty (30) 30 days after the written notice was provided, or, in . In the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner of the Bureau of Mediation Services, or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidatedun-liquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreement.

Fair Share Fee. In accordance with PELRAM.S. 179.65, Subd. 2, as amended, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative, but in no event shall the fee exceed eighty-five percent (85%) % of the regular membership dues. The exclusive representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District Director, the school district, and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner)Director, the School Districtschool district, and the exclusive representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefortherefore, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representative. The School District school district shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative within thirty (30) days after the written notice was provided, provided or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District school district pending a decision by the Commissioner Director, PERB, or a courtCourt. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative hereby warrants and covenants that it will defend, indemnify, indemnify and save the School District school district harmless from any and all actions, suits, claims, damages, judgments, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided in this Agreementherein.

Fair Share Fee. In accordance with PELRAthe P.E.L.R.A., any employee included in the appropriate unit who is not a member of the exclusive representative Exclusive Representative may be required by the exclusive representative Exclusive Representative to contribute a fair share fee for services rendered as exclusive representativeExclusive Representative. The fair share fee for any employee shall be in an amount equal to the regular membership dues of the exclusive representative, Exclusive Representative less the cost of benefits financed through the dues and available only to members of the exclusive representativeExclusive Representative, but in no event shall the fee exceed eighty-five percent (85%) of the regular membership dues. The exclusive representative Exclusive Representative shall provide written notice of the amount of the fair share fee assessment and the name of each employee to be assessed to the School District and the written notice of the amount to each employee to be assessed the fair share fee. A challenge by an employee or by a person aggrieved by the assessment shall be filed, filed in writing, writing with the Commissioner of the Bureau of Mediation Services (Commissioner), the School District, and the exclusive representative Exclusive Representative within thirty (30) days after the receipt of the written notice. All challenges shall specify those portions of the assessment challenged and the reasons therefor, but the burden of proof relating to the amount of the fair share fee shall be on the exclusive representativeExclusive Representative. The School District shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative Exclusive Representative within thirty (30) days after the written notice was provided, or, in the event a challenge is filed, the deductions for a fair share fee shall be held in escrow by the School District pending a decision by the Commissioner or a court. Any fair share fee challenge shall not be subject to the grievance procedure. The exclusive representative Exclusive Representative hereby warrants and covenants that it will defend, indemnify, and save the School District harmless from any and all actions, suits, claims, damages, judgments, and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative Exclusive Representative as provided in this Agreement.