Common use of Fair Share Fee Clause in Contracts

Fair Share Fee. For any period of time that fair share fees are determined to be illegal, the provisions of Section 7.7 shall not apply. A. As a condition of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are not members of the Association, including employees who resign from membership in the Association after the effective date of this Labor Agreement, shall pay the Association, through payroll deduction, a fair share fee. The fair share fee is automatic and does not require the written authorization of the employee. This provision shall not require any employee to become or remain a member of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying to the Employer the amount of the fair share fee. The fair share fee shall not be used to finance political and/or ideological activity. The fair share fee is strictly to finance the proportionate share of the cost of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Section. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductions. Public employees who are members of and adhere to established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law. B. It is further agreed that the Association shall defend, and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed on the Employer under this Article, except for failure to forward deducted fee.

Fair Share Fee. For any period A. Effective January 1, 2006 all current and future employee(s) covered by this Agreement who voluntarily decline to become a member of time that fair share fees are determined the Union within thirty (30) days shall pay a “Fair Share Fee” to be illegal, the provisions of Section 7.7 shall not apply. A. As Union as a condition of employment. The deduction of the Fair Share Fee from the pay of the employee shall be automatic, sixty (60) days following and does not require a written authorization for payroll deduction. The Union shall provide the beginning Treasurer a list of employment, or upon the effective date names of this Agreement, whichever is later, those employees in the bargaining unit who are not members of the Association, including employees who resign from membership in Union and the Association after the effective date total amount of this Labor Agreement, Fair Share Fee to be deducted for each. B. The Union shall pay the Association, through payroll deduction, a fair share fee. The fair share fee is automatic and does not require the written authorization of the employee. This provision shall not require any employee provide reasonable notification to become or remain a member of the Association, nor shall the fair share fee exceed the dues paid by non-members of the Association in the same bargaining unit. The Association is responsible for annually certifying "Fair Share Fee" and their right to the Employer object to the amount of the fair share fee prior to the deduction of the fee. The fair share notice shall include the expenses for the year divided into chargeable and non-chargeable expenditures. The fee shall not be used confined to finance political and/or ideological activity. The fair share fee is strictly chargeable expenditures which represent dues allocated to finance the proportionate share of the cost of negotiating and administering the collective bargaining agreement. C. The Union represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the Ohio Revised Code for challenging the amount of the representation fee. This procedure shall be given to each employee who does not join the Union. This notice, procedure, and rebate shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and Ohio. The procedure shall provide for a prompt decision by an impartial decision-maker in the event any moneys or fees are disputed. Upon demand, a non-member may apply to the Union for immediate advance reduction of the "Fair Share Fee" in accordance with the internal rebate procedure adopted by the Union. The advance reduction shall be the proportionate amount of moneys expended for partisan political or ideological purposes not germane to the Union's involvement in collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer Union shall implement escrow all disputed moneys until properly resolved. D. The Union agrees to hold the fair share deductions subject Board harmless in any suit, claim, or administrative proceeding arising out of or connected with the imposition, determination or collection of "Fair Share Fees" and to indemnify the Board for any liability imposed on it as a result of any such suit, claim, or administrative proceeding provided the following conditions are met: 1. The Board shall notify the Union President in writing within ten (10) workdays, exclusive of holidays recognized by the Board, of any claim made or action filed against the Board for which indemnification may be claimed. 2. The Union shall extend to the Board the right to designate its own counsel to assist in the defense in addition to allowing the Board the right to waive indemnification by the Union at any time and provide its own defense. 3. The Board and/or its representatives agree to: a. Give full and complete cooperation and assistance to the Union and its counsel at all levels of the proceedings. b. Not knowingly or willingly violate the implementation of this provision of the Agreement. E. The Board agrees to accompany each transmittal of dues and fees to the Treasurer of the Union with a list of those employees from whom "Fair Share Fees" have been deducted. An employee may terminate membership by giving the Treasurer of the Board written notice of cancellation between August 21 and August 31 of any given year. The Treasurer shall notify the Union of the withdrawal of membership and automatically deduct the Fair Share Fee in accordance with the provisions of this Section. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductions. Public employees who are members of and adhere to established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by lawsection. B. It is further agreed that the Association shall defend, and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed on the Employer under this Article, except for failure to forward deducted fee.

Fair Share Fee. For any period The Board shall deduct from the pay of time that fair share fees are determined to be illegal, the provisions members of Section 7.7 shall not apply. A. As a condition of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are elect not to become or to remain members of the OAPSE/AFSCME, Local #434, a fair share for the Association’s representation of such non- members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. Notice of the amount of the annual and/or pro-rata fair share fee, which shall not be more than 100% of the unified dues of the Association, including employees who resign from membership in shall be transmitted by the Association to the Treasurer/CFO of the Board. The Board agrees to transmit all amounts deducted to the OAPSE State Treasurer. Payroll deduction of such fair share fees shall commence with the first payroll on or after January 15th of each school year. After the effective date first year of this Labor Agreement, shall pay the Association, through payroll deductionemployment, a fair share fee. The fair share fee is automatic and does not require payer shall have the written authorization of the employee. This provision shall not require any employee right to become or remain a member of the Association, nor shall have the fair share fee exceed paid over the dues paid same time frame as a bargaining unit member by members giving written notice to the Treasurer/CFO by September 15th of each school year. The Treasurer/CFO of the Board shall, upon notification from the Association in that a member has terminated membership, commence the same bargaining unit. The Association is responsible for annually certifying deduction of the fair share fee with respect to the Employer former member, and the amount of the fair share fee. The fee yet to be deducted shall be the annual fair share fee shall not be used to finance political and/or ideological activityless the amount previously paid. The Board further agrees to accompany each such transmittal with a list of the names of the bargaining unit members for whom all such fair share fee is strictly deductions were made, the period covered, and the amounts deducted for each. The Association represents to finance the proportionate share Board that an internal rebate procedure has been established, and that a procedure for challenging the amount of the cost representation fee has been established and will be given to each member of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of the bargaining unit memberswho does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the State of Ohio. The Employer shall implement Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share deductions subject fee pursuant to the provisions of this Sectioninternal procedure adopted by the Association. The Association shall prescribe indemnify the Board for any cost, expense, or other liability that an employer might incur as a rebate result of the implementation and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such lawsenforcement of these provisions. The Association employer is required to give OAPSE/AFSCME, LOCAL #434 ten (10) days written notice of any claim made or action filed against the employer by a non-member for which indemnification may be claimed. OAPSE/AFSCME, LOCAL #434, at its cost, has the right to designate counsel to represent and defend the employer. The employer agrees to: A. give full and complete cooperation and assistance to abide by the affiliate and its counsel at all rules and decisions levels of the State Employment Relations Board proceedings; B. permit the affiliate or its affiliated organizations to intervene as a party if it so desires; and/or C. to not oppose the courts affiliate or its affiliated organizations’ application to file briefs amicus curiae in regard to the action. The action brought against the employer must be a direct consequence of the employer’s good faith compliance with the fair share fee deductionscontract provision, provided however, that there shall be no indemnification of the employer if the employer intentionally or willfully fails to apply (except due to a court order) or misapplies the fair share fee contract provision. Public employees who are members of and adhere Fee payers shall not be entitled to established and traditional tenets and teachings of a bona fide religion use the grievance procedure or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law. B. It is further agreed that bring action against the Association shall defend, and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed on the Employer under this Article, except Board for failure to forward deducted collecting fair share fee.

Fair Share Fee. For any period of time that The fair share fees are determined to fee shall be illegal, the provisions of Section 7.7 shall not apply. A. As a condition of employment, sixty (60) days following the beginning of employment, or an exclusive right conferred upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are not members of the Association, including employees who resign from membership in as the exclusive bargaining agent. Each employee, upon employment and reemployment, shall annually either: A. Sign and deliver to the Association after an application for Association membership and, unless the effective date annual dues are paid by cash, check, money order, or other approved method, sign and deliver to the Association an authorization to the treasurer for payroll deduction of this Labor Agreementmembership dues. The treasurer, upon written notice from the president of the Association that a member has terminated membership, shall pay forthwith commence the Association, check-off of the representation fee and assessments with respect to the former member and the amount of the fee for the remainder of the school year shall be the annual representation fee and uniformly applied assessments less the amount of Association annual dues or previously paid through payroll deduction, a fair share fee. The fair share fee is automatic and does not require the written authorization or; B. In lieu of the employee. This provision shall not require any employee to become or remain becoming a member of the Association, nor authorize the treasurer to check off from the wages of the employee and pay to the Association an annual fair share fee which shall be no more than the total annual dues and uniformly applied assessments of the United Education Profession. In cases where the non-member refuses to authorize the treasurer to deduct such fair share fee, such deduction shall be in accordance with this section and Section 4117.09(C) of the Ohio Revised Code. All contracts of employment for positions in the bargaining unit shall contain the following language: This contract of employment is subject to the negotiated agreement between the Lexington Board of Education and the Lexington Support Association, the terms and conditions of which are incorporated herein by reference as though fully rewritten herein. By signing this contract, I represent that I have been notified of the fair share fee exceed provisions contained in the dues paid negotiated agreement, that I will, if I elect not to become, or remain, a member of the Association, pay to the Association the prescribed annual fees and uniformly applied assessments for service and benefits to be conferred upon me by members the Association as my exclusive bargaining agent during the terms of my employment by the Board. C. The president of the Association shall, by October 1, annually certify to the treasurer of the Board the amount of the annual fair share fee and uniformly applied assessments for the ensuing school year. The treasurer, upon receipt of the certification of the amount of the fees and assessments shall, on the basis of the documents referred to in paragraphs (A) and (B) of Article 6 above, deduct the dues of Association members pursuant to the payroll deduction authorization and deduct the fees and assessments from the pay of every nonmember employed in the same bargaining unitunit and pay such dues, fees, and assessments to the Association. The Association is responsible deductions shall be in equal amounts beginning with the first pay following January 15 of each year and continuing for annually certifying a total of ten (10) consecutive pay periods. The failure or refusal of the treasurer to deduct the fair share fee, due to court order or otherwise, shall not relieve the employee of his/her liability to the Employer Association for the amount of the fair share fee. The fees and assessments. D. Any objections to the amount of the fair share fee shall not will be used to finance political and/or ideological activity. The fair share fee is strictly to finance considered under the proportionate share Ohio Education Association's adopted internal rebate procedure as per Section 4117.09(C) of the cost of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Section. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. Ohio Revised Code. E. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductions. Public employees who are members of and adhere to established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law. B. It is further agreed that the Association shall defend, indemnify and save the Employer Board harmless against any and all claims, demands, suits, claims or other forms of liability which suits that may arise out of or be by reason of action taken or not taken by the Employer Board in fulfilling compliance with this article, provided that: 1. The Board shall give a ten (10) day written notice of any claim made or action filed against the obligations imposed on Board for which indemnification may be claimed; 2. The Association shall reserve the Employer under right to designate counsel to represent and defend the Board; 3. The Board agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (2) permit the Association or its affiliates to intervene as a party if it so desire, and/or (3) to not oppose the Association or its affiliates' application to file briefs amicus curiae in the action; 4. The action brought against the Board must be a direct consequence of the Board's good faith compliance with this Articlearticle; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to apply (except for failure due to forward deducted feecourt order) or misapplies such fair share fee provision herein. This indemnification shall not apply to any claims or suits filed prior to the effective date of this agreement.

Fair Share Fee. For any period The Board shall deduct from the pay of time that fair share fees are determined to be illegal, the provisions members of Section 7.7 shall not apply. A. As a condition of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are elect not to become or to remain members of the OAPSE/AFSCME, Local #434, a fair share for the Association’s representation of such non- members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. Notice of the amount of the annual and/or pro-rata fair share fee, which shall not be more than 100% of the unified dues of the Association, including employees who resign from membership in shall be transmitted by the Association to the Treasurer/CFO of the Board. The Board agrees to transmit all amounts deducted to the OAPSE State Treasurer. Payroll deduction of such fair share fees shall commence with the first payroll on or after January 15th of each school year. After the effective date first year of this Labor Agreement, shall pay the Association, through payroll deductionemployment, a fair share fee. The fair share fee is automatic and does not require payer shall have the written authorization of the employee. This provision shall not require any employee right to become or remain a member of the Association, nor shall have the fair share fee exceed paid over the dues paid same time frame as a bargaining unit member by members giving written notice to the Treasurer/CFO by September 15th of each school year. The Treasurer/CFO of the Board shall, upon notification from the Association in that a member has terminated membership, commence the same bargaining unit. The Association is responsible for annually certifying deduction of the fair share fee with respect to the Employer former member, and the amount of the fair share fee. The fee yet to be deducted shall be the annual fair share fee shall not be used to finance political and/or ideological activityless the amount previously paid. The Board further agrees to accompany each such transmittal with a list of the names of the bargaining unit members for whom all such fair share fee is strictly deductions were made, the period covered, and the amounts deducted for each. The Association represents to finance the proportionate share Board that an internal rebate procedure has been established, and that a procedure for challenging the amount of the cost representation fee has been established and will be given to each member of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of the bargaining unit memberswho does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitution of the United States and the State of Ohio. The Employer shall implement Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share deductions subject fee pursuant to the provisions of this Sectioninternal procedure adopted by the Association. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C)indemnify the Board for any cost, federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductions. Public employees who are members of and adhere to established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law. B. It is further agreed that the Association shall defend, and save the Employer harmless against any and all claims, demands, suitsexpense, or other forms liability that an employer might incur as a result of liability the implementation and enforcement of these provisions. The employer is required to give OAPSE/AFSCME, LOCAL #434 ten (10) days written notice of any claim made or action filed against the employer by a non-member for which indemnification may arise out be claimed. OAPSE/AFSCME, LOCAL #434, at its cost, has the right to designate counsel to represent and defend the employer. The employer agrees to: A. give full and complete cooperation and assistance to the affiliate and its counsel at all levels of the proceedings; B. permit the affiliate or be by reason of action taken its affiliated organizations to intervene as a party if it so desires; and/or C. to not oppose the affiliate or not taken by its affiliated organizations’ application to file briefs amicus curiae in the Employer in fulfilling the obligations imposed on the Employer under this Article, except for failure to forward deducted feeaction.

Fair Share Fee. For any period 1. The Board shall deduct from the pay of time that members of the Bargaining Unit who elect not to become or remain members of the Midview Education Association, a fair share fees are determined fee for the Association’s representation of such non-members during the term of this contract. No non-member filing a timely demand shall be required to be illegalsubsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. 2. Notice of the amount of the annual fair share fee, the provisions of Section 7.7 which shall not apply. A. As a condition be more than 100% of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are not members unified dues of the Association, including employees who resign from membership in shall be transmitted by the Association after to the effective date Treasurer of the Board on or about September 15 of each year during the term of this Labor AgreementContract for the purpose of determining amounts to be payroll-deducted, shall pay and the Board agrees to promptly transmit all amounts deducted to the Association, through payroll deduction, a . 3. Payroll deduction of such fair share fee. The fees shall begin at the second payroll period after January 15 except that no fair share fee is automatic and does not require deductions shall be made for Members employed after January 15 until the written authorization second paycheck, which period shall be the required probationary period of newly-employed Members. 4. The Treasurer of the employee. This provision shall not require any employee to become or remain Board shall, upon notification from the Association that a member Member has terminated membership, commence the deduction of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying with respect to the Employer former Member, and the amount of the fair share fee. The fee yet to be deducted shall be the annual fair share fee shall not be used to finance political and/or ideological activityless the amount previously paid through payroll deduction. 5. The Board further agrees to accompany each such transmittal with a list of the names of the Members for whom all such fair share fee is strictly to finance deductions were made, the proportionate share of period covered, and the cost of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Sectionamounts deducted for each. 6. The Association shall prescribe a represents to the Board that an internal rebate and challenge procedure which complies has been established in accordance with ORC Section 4117.09 (C)) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the Bargaining Unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. 7. Upon timely demand, federal law and any judicial decisions interpreting such lawsnon-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. 8. The Association agrees to abide by all rules and decisions indemnify the Board for any cost or liability, including punitive damages, incurred as a result of the State Employment Relations implementation and enforcement of this provision provided that: a. The Board shall give a ten (10) day written notice of any claim made or action filed against the courts employer by a non-member for which indemnification may be claimed. b. The Association shall reserve the right to designate counsel to represent and defend the employer. c. The Board agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceeding, (2) permit the Association or its affiliates to intervene as a party if it so desires, and/or (3) to not oppose the Association or its affiliates’ application to file briefs amicus curiae in regard to the action. d. The Board acted in good faith compliance with the fair share fee deductions. Public employees who are members provision of and adhere this Agreement; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to established and traditional tenets and teachings of a bona fide religion apply (except due to court order) or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have misapplies such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by lawfair share fee provision herein. B. It is further agreed that 9. The above fair share fee provision shall be an exclusive right of the Association shall defend, and save not granted to any other employee organization seeking to represent employees in the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or be by reason of action taken or not taken Bargaining Unit represented by the Employer in fulfilling the obligations imposed on the Employer under this Article, except for failure to forward deducted feeAssociation.

Fair Share Fee. For any period of time that fair share fees are determined to be illegal, 1. In accordance with the provisions of Section 7.7 RC 4117.09(C) of the Ohio Revised Code, the Board shall not apply. A. As a condition deduct from the pay of employment, sixty (60) days following the beginning members of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are elect not to become or to remain members of the Lakewood Teachers Association fair share fee for the Association's representation of such nonmembers during the term of this Agreement. 2. The Association shall provide reasonable notification to non-members of the "fair share fee" and their right to object to the amount of the fee prior to the deduction of this fee. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association's work in the realm of collective bargaining. The Association shall make available to any non-member so requesting the required financial disclosure upon which the "fair share fee" was determined. 3. The Association represents to the Board that an internal rebate procedure has been established in accordance with RC 4117.09(c) of the ORC and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the constitutions of the United States and the State of Ohio. 4. Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. 5. Notice of the amount of the annual fair share fee, which shall not be more than one hundred percent (100%) of the unified dues of the Association, including employees who resign from membership in shall be transmitted by the Association after to the effective date Treasurer of this Labor Agreementthe Board by September 30th of each year during the term of the Agreement for the purpose of determining amounts to be payroll-deducted, shall pay and the Board agrees to promptly transmit all amounts deducted to the Ohio Education Association, through payroll deduction, a . 6. Payroll deductions of such fair share fee. The fees shall begin at the second payroll period in January, except that no fair share fee is automatic and does not require deductions shall be made for bargaining unit members employed after October 31 until the written authorization member has been apprised of his/her rights under the Association's internal rebate procedure. 7. The Treasurer of the employee. This provision shall not require any employee to become or remain Board shall, upon notification from the Association that a member has terminated membership, commence the deduction of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying with respect to the Employer former member, and the amount of the fair share fee. The fee yet to be deducted shall be the annual fair share fee shall not be used to finance political and/or ideological activityless the amount previously paid through payroll deduction. The deduction of said amount shall commence on the first pay date occurring on or after forty-five (45) days from the termination date of membership. 8. The Board further agrees to accompany each such transmittal with a list of the names of the bargaining unit members for whom such fair share fee is strictly to finance deductions were made, the proportionate share of period covered, and the cost of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Sectionamounts deducted. 9. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductions. Public employees who are members of and adhere to established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by law. B. It is further agreed that the Association shall defend, indemnify and save the Employer Board harmless against and from any and all claims, demands, suits, or other forms of liability which that may arise out of or be by reason of action taken or not taken by the Employer Board for the purpose of complying with this Fair Share Fee Procedure. 10. The Association shall extend to the Board the right to designate its own counsel to assist in fulfilling the obligations imposed on defense in addition to allowing the Employer under this Article, except for failure Board the right to forward deducted feewaive indemnification by the Association at any time and provide its own defense.

Fair Share Fee. For any period of time that fair share fees are determined to be illegal, 1. In accordance with the provisions of Section 7.7 §4117.09(c) of the Ohio Revised Code, the Board shall not apply. A. As a condition deduct from the pay of employment, sixty (60) days following the beginning members of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are elect not to become or to remain members of the Licking Heights Support Staff Association a fair share fee for the Association's representation of such non-members during the term of this Agreement. Such fair share fee will be subject to the following provisions: a. Any bargaining unit member hired after December 6, 1995 will have as a condition of employment the payment of a fair share fee. b. All unit members who were dues paying members of the Association as of December 6, 1995, will either maintain such membership or be subject to a fair share fee. c. All unit members who were employed as of December 6, 1995, and who were not members of the Association, including employees who resign from membership in the Association after the effective date of this Labor Agreement, shall pay the Association, through payroll deduction, not be subject to a fair share fee. 2. The fair share fee is automatic and does not require the written authorization Association shall provide reasonable notification to non-members of the employee. This provision shall not require any employee to become or remain a member of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying and their right to the Employer object to the amount of the fair share fee prior to the deduction of this fee. The fair share fee No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not be used germane to finance political and/or ideological activity. The fair share fee is strictly to finance the proportionate share of Association's work in the cost realm of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Section. The Association shall prescribe a rebate and challenge procedure make available to any non-member so requesting the required financial disclosure upon which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductionswas determined. 3. Public employees who are members of and adhere The Association represents to the Board that an internal rebate procedure has been established and traditional tenets and teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with Section §4117.09(c) of the ORC and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedures as are required by lawprocedure and notice shall be in compliance with all applicable state and federal laws and the constitutions of the United States and the State of Ohio. B. It is further agreed that 4. Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. 5. Notice of the amount of the annual fair share fee, which shall defendnot be more than one hundred percent (100%) of the unified dues of the Association and Local Association dues, shall be transmitted by the Association to the Board Treasurer by September 30th of each year during the term of the Agreement for the purpose of determining amounts to be payroll deducted, and save the Employer harmless against any Board agrees to promptly transmit all amounts deducted to the Ohio Education Association. 6. Payroll deductions of such fair share fees shall begin at the second payroll period in January, except that no fair share fee deductions shall be made for bargaining unit members employed after October 31 until the member has been apprised of his/her rights under the Association's internal rebate procedure. 7. The Board Treasurer shall, upon notification from the Association that a member has terminated membership, commence the deduction of the fair share fee with respect to the former member, and all claims, demands, suits, or other forms the amount of liability which may arise out the fee yet to be deducted shall be the annual fair share fee less the amount previously paid through payroll deduction. The deduction of or be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed said amount shall commence on the Employer under this Articlefirst pay date occurring on or after forty-five (45) days from the termination date of membership. 8. The Board further agrees to accompany each such transmittal with a list of the names of the unit members for who all such fair share fee deductions were made, except for failure to forward deducted feethe period covered, and the amounts deducted.

Fair Share Fee. For any period Section 1. The Board shall deduct from the pay of time that fair share fees are determined to be illegal, the provisions members of Section 7.7 shall not apply. A. As a condition of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are elect not to become or to remain members of the Keystone Local Education Association, a fair share fee for the Association’s representation of such non- members during the term of this contract. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. Section 2. Notice of the amount of the annual and/or pro-rata fair share fee, which shall not be more than 100% of the unified dues of the Association, including employees who resign from membership in shall be transmitted by the Association after to the effective date Treasurer of this Labor Agreement, shall pay the Board. The Board agrees to transmit all amounts deducted to the Association, through payroll deduction, a . Section 3. Payroll deduction of such fair share feefees shall commence with the first payroll on or after January 15 of each school year. Section 4. The fair share fee is automatic and does not require the written authorization Treasurer of the employee. This provision shall not require any employee to become or remain Board shall, upon notification from the Association that a member has terminated membership, commence the deduction of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying with respect to the Employer former member, and the amount of the fair share fee. The fee yet to be deducted shall be the annual fair share fee shall not be used to finance political and/or ideological activityless the amount previously paid. Section 5. The Board further agrees to accompany each such transmittal with a list of the names of the bargaining unit members for whom all such fair share fee is strictly deductions were made, the period covered, and the amounts deducted for each. Section 6. The Association represents to finance the proportionate share Board that an internal rebate procedure has been established, and that a procedure for challenging the amount of the cost representation fee has been established and will be given to each member of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of the bargaining unit memberswho does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Section 7. The Employer shall implement Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share deductions subject fee pursuant to the provisions of this Sectioninternal procedure adopted by the Association. Section 8. The Association shall prescribe indemnify the Board for any cost, expense, or other liability that an employer might incur as a rebate result of the implementation and challenge procedure which complies with ORC enforcement of these provisions. Section 4117.09 (C), federal law and any judicial decisions interpreting such laws9. The Association employer is required to give the KLEA/OEA ten (10) days written notice of any claim made or action filed against the employer by a nonmember for which indemnification may be claimed. Section 10. The KLEA/OEA, at its cost, has the right to designate counsel to represent and defend the employer. The employer agrees to: A. give full and complete cooperation and assistance to abide by the affiliate and its counsel at all rules and decisions levels of the State Employment Relations Board proceedings; B. permit the affiliate or its affiliated organizations to intervene as a party if it so desires; and/or C. to not oppose the courts affiliate or its affiliated organizations’ application to file briefs amicus curiae in regard to the action. Section 11. The action brought against the employer must be a direct consequence of the employer’s good faith compliance with the fair share fee deductions. Public employees who are members contract provision, provided however, that there shall be no indemnification of and adhere the employer if the employer intentionally or willfully fails to established and traditional tenets and teachings of apply (except due to a bona fide religion court order) or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised Code, shall have such alternative contribution rights as are provided by law under such conditions and in accordance with such procedures as are required by lawmisapplies the fair share fee contract provision. B. It is further agreed that the Association shall defend, and save the Employer harmless against any and all claims, demands, suits, or other forms of liability which may arise out of or be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed on the Employer under this Article, except for failure to forward deducted fee.

Fair Share Fee. For any period The parties acknowledge and agree that enforceability of time that fair share fees are determined to be illegal, the provisions of this Section 7.7 (10.10) shall be dependent upon State and/or Federal law as applicable. OAPSE and its Local 304 recognize its obligation to fairly and equitably represent all members of the bargaining unit, whether or not apply. A. As they are members of Local 304. For this service, the Union may assess a fair-share service fee, not to exceed the amount of dues uniformly required of its members, again non-members of the Local as provided in this section. The fair-share service fee assessment shall be applicable to all employees represented by this Agreement who are either OAPSE dues-paying members as of May 1, 1999, or are hired thereafter. The fair-share service fee shall be collected by the Board, via monthly automatic payroll deductions and forwarded to the Treasurer of the State Union. The Board shall inform all employees and all new hires that they are obligated, as a condition of employment, sixty (60) days following the beginning of employment, or upon the effective date of this Agreement, whichever is later, employees to pay a fair-share service fee after completion for their probationary period under Section 12.1. The service fee assessed against a return shall begin in the bargaining unit who are not members month of his/her return to work. A person making a fair-share service fee payment, in lieu of dues, shall have the right to object to the expenditure of a portion of such payments for activities of a primarily partisan, political nature. Such objections shall be perfected, if at all, by the objector individually notifying the OAPSE Executive Director of the Associationobjection in writing by registered or certified mail. When the fair-share payment is received, including employees who resign from membership in the Association after the effective date of this Labor Agreement, shall pay the Association, through payroll deduction, Executive Director will send a fair share fee. The fair share fee is automatic and does not require the written authorization copy of the employee. This provision shall not require any employee to become or remain a member of the Association, nor shall the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying rebate policy to the Employer the amount of the fair fair-share feepayer. The fair share fee shall not be used to finance political and/or ideological activity. The fair share fee is strictly to finance the proportionate share of the cost of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject A challenge to the provisions of this Section. The Association proposed rebate or a challenge to the failure to rebate shall prescribe a rebate and challenge procedure which complies be filed with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or (SERB) pursuant to Ohio Revised Code Section 4117.09C. Any member of the courts in regard bargaining unit who objects to the fair payment of the fair-share service fee deductions. Public employees who are members by reason of membership in and adhere adherence to established and traditional the tenets and of teachings of a bona fide religion or religious body which has historically held conscientious objections to joining or financially supporting an employee organization, as set forth in Section 4117.09 (C), Ohio Revised and which is exempt from taxation under provisions of the Internal Revenue Code, shall have such alternative contribution rights as are provided by law under such conditions and may submit proper proof of religious conviction to the State Employment Relations Board to seek declaration from the Board that the member not be required to financially support the Local in accordance with such procedures as are required by law. B. provisions of Section 4117.09C. It is further agreed recognized that SERB shall, if it finds that the Association shall defendemployee is not required to pay a fair- share service fee, require payment of an equal amount to a non-religious, charitable fund pursuant to the requirements of Section 4117.09C. OAPSE and save its Local 304 agree to hold the Employer Board harmless against in any and all claimssuit, demands, suits, claim or other forms of liability which may arise administrative proceeding arising out of or be by reason connected with the imposition, determination or collection of action taken or not taken by fair-share service fees, to indemnify the Employer in fulfilling the obligations Board for any liability imposed on it as a result of such suit, claim or administrative proceeding, together with the Employer under cost of defense. For purposes of this ArticleSection, except for failure to forward deducted feethe term “BOARD” includes the Board of Education, its members and all administrators and staff.

Fair Share Fee. For any period of time that fair share fees are determined to be illegal, 1. In accordance with the provisions of Section 7.7 4117.09 (C) of the Ohio Revised Code the Board shall not apply. A. As a condition deduct from the pay of employment, sixty (60) days following the beginning members of employment, or upon the effective date of this Agreement, whichever is later, employees in the bargaining unit who are elect not to become members or to remain non-members of the Association, including employees who resign from membership in the Xxxxxxx City Education Association after the effective date of this Labor Agreement, shall pay the Association, through payroll deduction, a fair share fee. The fair share fee is automatic and does not require the written authorization of the employee. This provision shall not require any employee to become or remain a member of for the Association, nor ’s representation of such non-members during the term of this agreement. 2. The Association shall provide reasonable notification to non-members of the fair share fee exceed the dues paid by members of the Association in the same bargaining unit. The Association is responsible for annually certifying and their right to the Employer object to the amount of the fee prior to the deduction of this fee. No non-member filing a timely demand shall be required to subsidize partisan political or ideological causes not germane to the Association’s work in the realm of collective bargaining. The Association shall make available to any non-member so requesting the required financial disclosure upon which the fair share feefee was determined. 3. The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09 (C) of the ORC and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the constitutions of the United States and the State of Ohio. 4. Upon timely demand, non-members may apply to the Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. 5. Notice of the amount of the annual fair share fee shall not be used more that one hundred percent (100%) of the unified dues of the Association, shall be transmitted by the Association to finance political and/or ideological activitythe Treasurer of the Board by September 30th of each year during the term of this agreement for the purpose of determining amounts to be payroll deducted, and the Board agrees to promptly transmit all amounts deducted to the Ohio Education Association. 6. The Payroll deductions of such fair share fees shall be deducted January through May, except that no fair share fee is strictly to finance deductions shall be made for bargaining unit members until the proportionate share member has been apprised or his/her rights under the Association’s internal rebate procedure. 7. The Treasurer of the cost Board shall, upon notification from the Association that a member has terminated membership, commence the deduction of collective bargaining, contract administration and pursuing matters directly affecting wages, hours and other terms and conditions of employment of bargaining unit members. The Employer shall implement the fair share deductions subject to the provisions of this Section. The Association shall prescribe a rebate and challenge procedure which complies with ORC Section 4117.09 (C), federal law and any judicial decisions interpreting such laws. The Association agrees to abide by all rules and decisions of the State Employment Relations Board or the courts in regard to the fair share fee deductionswith respect to the former member, and the amount of the fee yet to be deducted shall be the annual fair share fee less the amount previously paid through payroll deduction. 8. Public employees The Board further agrees to accompany each such transmittal with a list of the names of the bargaining unit members for whom all such fair share fee deductions were made, the period covered, and the amounts deducted. 9. Any teacher as of June 1, 1995, who are members is currently not a member of and adhere to established and traditional tenets and teachings the Association will be grandfathered from paying union dues or fair share fee during their employment with the Xxxxxxx City Schools until the time that ninety-three percent (93%) of the bargaining unit has become members/fee payers. As of September 1 of a bona fide religion or religious body which contract year when ninety-three percent (93%) of the bargaining unit has historically held conscientious objections to joining or financially supporting an employee organizationbecome members, as set forth in Section 4117.09 (C), Ohio Revised Code, all such dues and fees shall have such alternative contribution rights as are provided by law under such conditions and be deducted in accordance with such procedures as are required by lawthis provision. If any of these employees decide to voluntarily join the Association, they will no longer be exempt from union dues or a fair share fee. B. It is further agreed that 10. The Association will indemnify and hold harmless the Association shall defendBoard of Education, its members, officers, employees and save the Employer harmless against Treasurer from any and all claims, demands, suits, or other forms claims of liability which may arise any kind arising out of or related to the deduction and payment of the Association of agency fees as provided in the Agreement. This provision is severable and shall continue to be by reason of action taken or not taken by the Employer in fulfilling the obligations imposed binding on the Employer under this Article, except for failure parties notwithstanding the validity of any other provision relative to forward deducted feeagency fees.