Fair Share Fee. A. The Association shall have the right to assess non-members a representation fee. Said fee shall be in conformance with the internal rules and regulations of the Association. B. Bargaining unit members will have the options of joining the Association and enjoying all the rights of membership or not joining the Association and paying the representation fee, which shall not be greater than the membership fees of the bargaining unit members. The Union represents to the employer that an internal rebate procedure has been established in accordance with Section 4417.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Union and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio. Upon timely demand, non-members may apply to the Union for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Union. C. All fair share fee payroll deduction forms must be provided to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder of the pay periods left in the year. In the case of unit members newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the later of sixty days employment in the bargaining unit position or January 15. The employer agrees to accompany each transmittal with a list of the names of the bargaining unit members for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Fee. A. The Association shall have Any employee, eligible for bargaining unit services and employed by the right to assess non-members Board after July 1, 1994, or a representation fee. Said fee shall be in conformance with the internal rules and regulations member of the Association.
B. Bargaining unit United Teaching Profession on June 30, 1994, will participate in "Fair Share" as described in the following paragraph. The Board shall deduct from the pay of members will have the options of joining the Association and enjoying all the rights of membership or not joining the Association and paying the representation fee, which shall not be greater than the membership fees of the bargaining unit memberswho elect not to become or to remain members of the Association, an agency fee for the Association's representation of such non-members during the term of this contract. Notice of the amount of the annual agency fee, shall be transmitted by the Association to the Treasurer of the Board on or about September 15 of each year during the term of this contract for the purpose of determining amounts to be payroll-deducted, and the Board agrees to transmit all amounts deducted to the Association. Payroll deduction of such annual fair share fees shall commence on the first pay date which occurs on or after January 15 annually. In the case of a unit employee hired after the beginning of the school year, the payroll deduction shall commence on the first pay date after employment. The Union Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence the deduction of fair share fee amount with respect to the former member. The deduction of said amount shall commence on the first pay date occurring after termination of membership. The Association represents to the employer Board that an internal rebate procedure has been established in accordance with Section 4417.09(Csection 4117.009(c) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Union Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions Constitution of the United States and the State of Ohio. Upon timely demand, nonNon-members may apply to the Union Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Union.
C. All fair share fee payroll deduction forms must Association. The Xxxx Local Board of Education shall be provided held harmless in the event of any and all legal challenges to this Section and shall be indemnified by the Association. Employment status, contract term, and renewals will not be related in any way to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder details of the pay periods left in the year. In the case of unit members newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the later of sixty days employment in the bargaining unit position or January 15. The employer agrees to accompany each transmittal with a list of the names of the bargaining unit members for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for eachthis Section.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Fee. A. The Association shall have the right to assess non-members Each person newly hired who is not a representation fee. Said fee shall be in conformance with the internal rules and regulations member of the Association.
B. Bargaining Union shall after sixty (60) calendar days of initial employment, will be obligated to pay the Union, as a condition of employment, a "fair share fee" for the Union's efforts with respect to collective bargaining, labor contract enforcement and grievance resolution. This obligation does not require any person in the bargaining unit to become a member of the Union, nor shall the fair share fee exceed Union dues covering the same period of time. Effective September 1, 2001 members will have the options of joining the Association and enjoying all the rights of membership or not joining the Association and paying the representation fee, which shall not be greater than the membership fees of the bargaining unit memberswho are not currently members of the Union are not required to pay the Fair Share Fee. However, if at some future time they join the Union and subsequently withdraw from the Union they will be required to pay the Fair Share Fee as a condition of employment.
B. The deduction of the fair share fee by the Treasurer of the Board from the payroll check of the employee and its payment to the Union after the sixty (60) day grace period, shall be automatic and does not require the written authorization of the employee. The fee deductions shall be made on the same payroll days that Union dues are deducted.
C. The Board will supply the Union with the amount of gross earnings for each unit member for the previous calendar year or the salary notices for new employee by July 15th of each year. The Union represents shall provide a list of names and the amount of dues or fair share fees to be deducted for each. Union dues and fair share fees, as certified by the Union annually on August 15, shall be deducted in twenty-four (24) equal installments beginning with the first pay period in September and ending with the second pay in August. The Union agrees that dues and fee deductions for Wilmington City, Local #486, shall be paid directly to the employer OAPSE State Office with a list for whom deductions were made. The Board shall not be responsible for any dues or fee deductions after the employee's employment terminates.
D. The Union warrants to the Board that is has established an internal rebate procedure has been established which will be maintained during the term of this Agreement in accordance with Section 4417.09(C4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been shall be established and will be given to each member posted for the information of members of the bargaining unit who does not join the Union and that such procedure and notice posting shall be in compliance with all applicable state and federal laws and the Constitutions Constitution of the United States and the State of Ohio. Upon timely demand.
E. The foregoing provisions regarding fair share fees shall be subject to all requirements of Ohio Revised Code, non-members may apply Section 4117.09(C), when effective, and all other applicable state and federal laws and Constitutions of the United State and the State of Ohio.
F. The Union shall defend and indemnify the Board, its members, and its administration and supervisory employees, including but not limited to the Union for an advance reduction/rebate Board's Treasurer (all hereinafter, the "defendants"), for, and hold them harmless from, any and all liability, damages including any punitive damages, and expenses, directly or indirectly incurred by the defendants, or any of them, because of any legal action or administration claim brought against them as a result of the fair share fee pursuant to the internal procedure adopted by the Unionprovisions of this Article.
C. All fair share fee payroll deduction forms must be provided to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder of the pay periods left in the year. In the case of unit members newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the later of sixty days employment in the bargaining unit position or January 15. The employer agrees to accompany each transmittal with a list of the names of the bargaining unit members for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for each.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share Fee. A. The Association shall have the right to assess non-members a representation fee. Said fee shall be in conformance with the internal rules and regulations of the Association.
B. Bargaining unit members . Certified employees will have the options of joining of:
1. Joining the Association and enjoying all the rights of membership or not NEA/OEA/COEA/XXXX membership.
2. Not joining the Association and paying the representation fee, which shall be not be greater more than the membership fees one hundred percent (100%) of the unified dues of the Association. Members who select the representation fee forfeit the following rights:
a. Holding Association office or committee positions
b. Voting privileges on Association contracts c. Receipt of interest-free loans in the event of a teacher strike Notice of the amount of the annual fair share fee shall be transmitted by the Union to the Treasurer of the Board on or about September 15 of each year during the term of this contract for the purpose of the determining amounts to be payroll-deducted and the employer agrees to promptly transmit all amounts deducted to the Association. Payroll deductions of these fees shall commence the second regular pay in January and be deducted in equal amounts over the remainder of the pay periods left in the year, concluding the second pay in August. In the case of unit employees newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the later of sixty days employment in a bargaining unit membersposition or January 15. The Union Association represents to the employer that an internal rebate procedure has been established in accordance with Section 4417.09(C4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Union 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. Upon timely demand, non-members may apply to the Union Association for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Union.
C. All fair share fee payroll deduction forms must be provided Association. Teachers who elect membership per item 1 above, shall sign and deliver by September 10, to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions Board, an authorization for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder requesting membership dues of the pay periods left in the yearrecognized Association and its affiliates. In the case of unit members newly hired after the beginning of the school year, the payroll deduction Such authorization shall commence on begin the first pay date on or after in October and continue in equal installments (2 times per month) with final payment to be deducted the later of sixty days employment second pay in the bargaining unit position or January 15August. The employer agrees deductions shall continue in effect until such time as said teacher gives written notice to accompany each transmittal with a list the Treasurer of the names Board to discontinue such deductions or employment with the Board terminates. A representative of the bargaining unit members for whom all such fair share fee deductions were made, Association shall have access at reasonable times to the period covered, record of authorization and cancellations kept by the amounts deducted for eachTreasurer.
Appears in 2 contracts
Samples: Negotiated Agreement, Collective Bargaining Agreement
Fair Share Fee. A. The Association shall have Board will deduct from the right pay of PSMs who elect not to assess become or to remain members of the Xxxxxxxxx Education Association, a fair share fee for the Association's representation of such non-members a representation fee. Said fee shall be in conformance with member PSMs during the internal rules and regulations term of the Associationthis contract.
B. Bargaining unit members Notice of the amount of the annual service fee will have the options of joining be transmitted by the Association to the Treasurer of the Board on or about September 15th of each year during the term of the Contract for the purpose of determining amounts to be payroll-deducted, and enjoying the Board agrees to transmit all amounts deducted to the rights Union.
C. Payroll deduction of membership such annual service fees will commence on the first pay date that occurs on or not joining after January 15th annually. In the case of PSMs newly hired after the beginning of the school year, the payroll deduction will commence on the first pay date on or after January 15th.
D. The Treasurer of the Board will, upon notification from the Association and paying that a PSM has terminated membership, commence the representation fee, which shall not be greater than the membership fees deduction of the bargaining unit membersservice fee with respect to the former PSM. The Union deduction of said amount will commence on the first pay date occurring on or after forty-five (45) days from the termination of membership.
E. The Board further agrees to accompany each transmittal with a list of the names of the individuals for whom all service fee deductions were made, the period covered, and the amounts deducted for each.
F. The Association represents to the employer Board that an internal rebate procedure has been established in accordance with Section 4417.09(C4117.09 (C) of the Revised Code Code, and that a procedure for challenging the amount of the representation service fee has been established established, and will be given to each member of the bargaining unit PSM who does not join the Union Association and that such procedure procedure, and notice shall will be in compliance with all applicable state and federal laws and the Constitutions of the United States States, and the State of Ohio.
G. The Association agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that:
1. Upon timely demand, The Board will give a ten (10) day written notice of any claim made or action filed against the employer by a non-members member for which indemnification may apply be claimed.
2. The Association will reserve the right to designate counsel to represent and defend the employer.
3. The Board agrees to (1) give full and complete cooperation and assistance to the Union for an advance reduction/rebate 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 appeal the Association or its affiliates' application to file brief 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 the fair share fee pursuant provision of the collective bargaining agreement herein; however, there will be no indemnification of the Board if the Board intentionally or willfully fails to the internal procedure adopted by the Union.
C. All apply (except due to court order), or misapplies such fair share fee payroll deduction forms must provision herein. The above fair share fee provision will be provided to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder an exclusive right of the pay periods left in the year. In the case of unit members newly hired after the beginning of the school year, the payroll deduction shall commence on the first pay date on or after the later of sixty days employment Association not granted to any other employee organization seeking to represent PSMs in the bargaining unit position or January 15. The employer agrees to accompany each transmittal with a list of represented by the names of the bargaining unit members for whom all such fair share fee deductions were made, the period covered, and the amounts deducted for eachAssociation.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Fair Share Fee. A. 1. All members employed in the bargaining unit shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee.
2. The Association Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount which shall have not be more than one hundred percent (100%) equal to the right total dues of the Association, from the pay of all bargaining unit members who elect not to assess non-become or remain members a representation fee. Said fee shall be in conformance with the internal rules and regulations of the Association.
B. Bargaining 3. Upon notification from the Association that a bargaining unit member has terminated membership, the treasurer of the Board shall commence the check-off of the fair share fee with respect to the former bargaining unit member, and the amount of the fee yet to be deducted shall be the same as the annual membership dues, less the amount previously paid through payroll deduction.
4. Payroll deduction of such fair share fees shall begin at the first payroll period following January 15, except that no fair share fee deductions shall be made for bargaining unit members will have employed after December 31 until the options second paycheck.
5. Dues rates and fair share fee rates shall be promptly transmitted to the treasurer of joining the Board by the Association and enjoying for the purpose of determining amounts to be payroll- deducted. The Board agrees to transmit promptly all amounts deducted to the rights of membership or not joining Association.
6. The Board further agrees to accompany the Association and paying the representation fee, which shall not be greater than the membership fees initial transmittal with a list of the names of bargaining unit membersmembers for whom all such deductions are made.
7. The Union Association represents to the employer Board that an internal rebate procedure has been established in accordance with Section 4417.09(C4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Union Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions Constitution of the United States and the State of Ohio.
8. Upon timely demand, non-members nonmembers may apply appeal to the Union for an advance reduction/rebate Association the payment of the fair share fee pursuant to the internal procedure adopted by the UnionAssociation, or such nonmembers may submit such appeals as provided by law.
C. All 9. The amount to be deducted from the pay of all non-bargaining unit members shall be not more than one hundred percent (100%) of the total dues as paid by members of the bargaining unit, and such deductions shall continue through the remaining number of payroll periods over which bargaining unit membership dues are deducted.
10. The bargaining unit agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that:
a. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer by a member or a nonmember for which indemnification may be claimed;
b. The Association shall reserve the right to designate counsel to represent and defend the employer;
c. The Board agrees to the following:
(1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceedings;
(2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or
(3) To accept the Association or its affiliate's application to file briefs amicus curiae in the action; and
d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee payroll deduction forms must be provided to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder provision of the pay periods left in the year. In the case of unit members newly hired after the beginning collective bargaining agreement herein; however, there shall be no indemnification of the school yearBoard if the Board intentionally or willfully fails to apply, the payroll deduction shall commence on the first pay date on except due to court order, or after the later of sixty days employment misapplies such fair share fee provision herein.
11. A nonmember in the bargaining unit position who pays a fair share fee to, or January 15whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph 2 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as member-only benefits.
12. Any nonmember of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be liable subject to a civil action for damages in the amount of any unpaid service fee and other assessments, to the Association for the annual fair share fee assessment. The employer agrees to accompany each transmittal with a list above fair share fee provision shall be an exclusive right of the names Association during the term of this agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit members for whom all such fair share fee deductions were made, represented by the period covered, and the amounts deducted for eachAssociation.
13. The Board of Education shall have no requirement to bring an action against any bargaining unit member under this article.
Appears in 1 contract
Samples: Master Agreement
Fair Share Fee. A. 1. All members employed in the bargaining unit shall either be members of the Association or shall share in the financial support of the Association by paying to the Association a fair share fee.
2. The Association Board agrees to an automatic payroll deduction, unless paid in one lump sum prior to first payroll deduction, as a condition of employment, of an amount which shall have not be more than one hundred percent (100%) equal to the right total dues of the Association, from the pay of all bargaining unit members who elect not to assess non-become or remain members a representation fee. Said fee shall be in conformance with the internal rules and regulations of the Association.
B. Bargaining 3. Upon notification from the Association that a bargaining unit member has terminated membership, the treasurer of the Board shall commence the check- off of the fair share fee with respect to the former bargaining unit member, and the amount of the fee yet to be deducted shall be the same as the annual membership dues, less the amount previously paid through payroll deduction.
4. Payroll deduction of such fair share fees shall begin at the first payroll period following January 15, except that no fair share fee deductions shall be made for bargaining unit members will have employed after December 31 until the options second paycheck.
5. Dues rates and fair share fee rates shall be promptly transmitted to the treasurer of joining the Board by the Association and enjoying for the purpose of determining amounts to be payroll-deducted. The Board agrees to transmit promptly all amounts deducted to the rights of membership or not joining Association.
6. The Board further agrees to accompany the Association and paying the representation fee, which shall not be greater than the membership fees initial transmittal with a list of the names of bargaining unit membersmembers for whom all such deductions are made.
7. The Union Association represents to the employer Board that an internal rebate procedure has been established in accordance with Section 4417.09(C4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Union Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions Constitution of the United States and the State of Ohio.
8. Upon timely demand, non-members nonmembers may apply appeal to the Union for an advance reduction/rebate Association the payment of the fair share fee pursuant to the internal procedure adopted by the UnionAssociation, or such nonmembers may submit such appeals as provided by law.
C. All 9. The amount to be deducted from the pay of all non-bargaining unit members shall be not more than one hundred percent (100%) of the total dues as paid by members of the bargaining unit, and such deductions shall continue through the remaining number of payroll periods over which bargaining unit membership dues are deducted.
10. The bargaining unit agrees to indemnify the Board for any cost or liability incurred as a result of the implementation and enforcement of this provision provided that:
a. The Board shall give a ten (10) day written notice of any claim made or action filed against the employer by a member or a nonmember for which indemnification may be claimed;
b. The Association shall reserve the right to designate counsel to represent and defend the employer;
c. The Board agrees to the following:
(1) To give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceedings;
(2) To permit the Association or its affiliates to intervene as a party when it so desires; and/or
(3) To accept the Association or its affiliate's application to file briefs amicus curiae in the action; and
d. The action brought against the Board must be a direct consequence of the Board's good faith compliance with the fair share fee payroll deduction forms must be provided to the Treasurer’s office at least seven (7) school days prior to the first deduction date. Payroll deductions for these representation fees shall commence the first regular pay after January 15 and be deducted in equal amounts over the remainder provision of the pay periods left in the year. In the case of unit members newly hired after the beginning collective bargaining agreement herein; however, there shall be no indemnification of the school yearBoard if the Board intentionally or willfully fails to apply, the payroll deduction shall commence on the first pay date on except due to court order, or after the later of sixty days employment misapplies such fair share fee provision herein.
11. A nonmember in the bargaining unit position who pays a fair share fee to, or January 15whose fee is in the process of being collected by the local affiliate in the amount as provided in paragraph 2 above, shall be entitled to all of the rights, privileges, services and assistance enjoyed by regular active members of the Association, other than those currently designated as member-only benefits.
12. Any nonmember of the Association who elects to continue employment with the Board after a thirty (30) day period shall be deemed to have consented to receiving the services and benefits to be conferred by the Association, as the exclusive bargaining agent, and shall be liable subject to a civil action for damages in the amount of any unpaid service fee and other assessments, to the Association for the annual fair share fee assessment. The employer agrees to accompany each transmittal with a list above fair share fee provision shall be an exclusive right of the names Association during the term of this agreement, and it will not be granted to any other employee organization seeking to represent employees in the bargaining unit members for whom all such fair share fee deductions were made, represented by the period covered, and the amounts deducted for eachAssociation.
13. The Board of Education shall have no requirement to bring an action against any bargaining unit member under this article.
Appears in 1 contract
Samples: Master Agreement