Common use of Fair Share/Maintenance of Membership Clause in Contracts

Fair Share/Maintenance of Membership. The June 27, 2018 ruling in Janus v. AFSCME nullified the existence of the Fair Share/Maintenance of Membership clause within this contract; should the ruling be overturned, the language within this section would be reinstated within the parameters of the new ruling. It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all teachers who are beneficiaries of this Agreement. To this end, if a teacher does not join the Association or execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (a), the Board shall deduct the sum equivalent to the teacher's share of the costs of the services rendered by the Association for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association to the Board in equal payments from the regular salary check to the teacher in the same manner as it deducts for members of the Association, provided: a. The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and b. The Association has annually certified in writing to the Board the amount of such fair share fees and has annually certified in writing to the Board that such notice has been posted. The Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association as described in paragraph 1 of Section F of this Article and transmit the fee to the Association no later than ten (10) days following the deduction. In the event a teacher objects to the amount of such fee, the fee shall be transferred in accordance with the Rules and Regulations to the IELRB. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise by reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided the Board gives notice of such action in writing to the Association as soon as practicable and permits the Association intervention as a party if it so desires, and the Board cooperates with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. Such duty to defend, indemnify and save the Board harmless shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's failure to comply with the provisions of this Section. The obligation to pay a fair share fee will not apply to any Teacher who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Teacher is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board. The provisions of Section G of this Article shall not apply to any teacher who was employed prior to May 1, 1995.

Fair Share/Maintenance of Membership. The June 27, 2018 ruling in Janus v. AFSCME nullified 1) In the existence event that the Association demonstrates to the Board that 80% of the Fair Share/Maintenance of Membership clause within this contract; should the ruling be overturned, the language within this section would be reinstated within the parameters employees are dues-paying members of the new ruling. It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all teachers who are beneficiaries , paragraphs 3 through 8 of Section I of this Agreement. To Article shall become effective in: a) the same school year if such demonstration of membership is made prior to October 1; or b) the following school year if such demonstration of membership is made after October 1. 2) The Association’s demonstration of membership may be made through evidence of dues deduction and/or other evidence of payment of Association dues. 3) Beginning on the date provided for in paragraph 4 of this endSection, if a teacher an employee does not join the Association or execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (a)) of this paragraph 3, the Board shall deduct the sum equivalent to the teacheremployee's share of the costs of the services rendered by the Association for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association to the Board in equal payments from the regular salary check to the teacher employee in the same manner as it deducts for members of the Association, provided: a. a) The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and b. b) The Association has annually certified in writing to the Board the amount of such fair share fees and has annually certified in writing to the Board that such notice has been posted. . 4) The Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association as described in paragraph Paragraph 1 of Section F of this Article and transmit the fee Section. The Board’s obligation, if any, to collect fair share deductions for any employee who has not joined the Association no later than ten (10or who has subsequently renounced voluntary membership in the Association shall cease in its entirety as of March 31, 2020. 5) days following the deduction. In the event a teacher objects to the amount of such fee, the fee shall be transferred in accordance with the Rules and Regulations to the IELRB. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise rise by reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided including reimbursement for any legal fees or expenses incurred in connection therewith. 6) In the event an employee objects to the amount of such fee, the Board gives notice of such action in writing shall continue to deduct the Association as soon as practicable and permits the Association intervention as a party if it so desires, fee and the Board cooperates with shall transmit the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. Such duty to defend, indemnify and save fee (or the Board harmless shall not apply to any claim, demand, suit or other form of liability which may arise as a result portion of the Board's failure fee in dispute) to comply with the provisions of this SectionIELRB which shall hold the fee in escrow in an account established for that purpose. The obligation Board shall continue to pay transmit such fee to the IELRB until further order of the IELRB. If the employee is entitled to a fair share fee will not apply to refund, the employee shall receive such refund plus any Teacher who, interest earned on the basis refund during the pendency of the action. 7) If a non-member employee declares the right of non-association based upon bona fide religious xxxxx or teaching of a church or religious body of which tenets such Teacher is a member or a belief sincerely held with the strength of traditional religious views, objects employee shall be required to pay an amount equal to the payment of a fair employee's proportionate share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy mutually agreed upon by the employee and the Rules Association. If the employee and Regulations of the Association are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the Illinois Educational Education Labor Relations Board. Board in connection with its rules. 8) The provisions of Section G of this Article shall not apply to any teacher employee who was employed not a dues-paying member of the Association on the date of demonstration of membership provided herein, except and unless such employee at some future date voluntarily agrees to take out a membership in the Association. 9) All portions of this Section I of Article 2, other than this Paragraph 9 and the second sentence of Paragraph 4, shall become void and of no further force or continuing effect (i.e., shall sunset in their entirety) as of March 31, 2020; provided, however, termination of the Board’s obligations pursuant to this Section shall not affect the Board’s duty to remit such dues or fee payments for the 2019-20 school year collected prior to May 1or as of March 31, 19952020.

Fair Share/Maintenance of Membership. The June 27, 2018 ruling in Janus v. AFSCME nullified the existence of the Fair Share/Maintenance of Membership clause within this contract; should the ruling be overturned, the language within this section would be reinstated within the parameters of the new ruling‌ 1. It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all teachers who are beneficiaries of this Agreement. To this end, if a teacher does not join the Association or execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (a), the Board shall deduct the sum equivalent to the teacher's share of the costs of the services rendered by the Association for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association to the Board in equal payments from the regular salary check to the teacher in the same manner as it deducts for members of the Association, provided: a. a) The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and b. b) The Association has annually certified in writing to the Board the amount of such fair share fees and has annually certified in writing to the Board that such notice has been posted. 2. The Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association as described in paragraph 1 of Section F of this Article and transmit the fee to the Association no later than ten (10) days following the deduction. In the event a teacher objects to the amount of such fee, the fee shall be transferred in accordance with the Rules and Regulations to the IELRB. 3. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise by reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided the Board gives notice of such action in writing to the Association as soon as practicable and permits the Association intervention as a party if it so desires, and the Board cooperates with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. Such duty to defend, indemnify and save the Board harmless shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's failure to comply with the provisions of this Section. 4. The obligation to pay a fair share fee will not apply to any Teacher who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Teacher is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board. 5. The provisions of Section G of this Article shall not apply to any teacher who was employed prior to May 1, 1995.

Fair Share/Maintenance of Membership. The ‌ All employees hired after June 2730, 2018 ruling in Janus v. AFSCME nullified the existence 1997 and all employees covered by this Agreement other than those who were not members of the Fair Share/Maintenance of Membership clause within this contract; should the ruling be overturnedUnion, the language within this section would be reinstated within the parameters so long as they remain non- members of the new ruling. It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all teachers who are beneficiaries of this Agreement. To this endUnion, if a teacher does not join the Association or execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (a), the Board shall deduct the sum equivalent pay to the teacher's Union their fair share of the costs cost of the services rendered by the Association for collective bargaining Union that are chargeable to non-members under state and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association federal law. The Union shall certify to the Board in equal payments from College President or designee, as soon as possible after the regular salary check start of each fiscal year, the amount of the annual fair share fee, not to exceed the teacher dues uniformly required of members of the Union, and shall supply the College President or designee and the non-members a copy of the basis of the calculation of the fee. Fair share fees for part-time employees shall be prorated in the same manner as it deducts for members part-time employee member dues. The Union shall further certify to the College President or designee that “Notice of the Association, provided: a. The Association Fair Share” has been posted the appropriate notices of imposition of such fair share fee in accordance with the IELRB rules and regulations of the IELRB; and b. The Association has annually certified in writing to the Board the amount of such regulations. This fair share fees and has annually certified in writing to agreement shall safeguard the Board that such notice has been posted. The Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations right of the IELRB) after certification by the Association as described in paragraph 1 non-association of Section F of this Article and transmit the fee to the Association no later than ten (10) days following the deduction. In the event a teacher objects to the amount of such fee, the fee shall be transferred in accordance with the Rules and Regulations to the IELRB. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise by reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided the Board gives notice of such action in writing to the Association as soon as practicable and permits the Association intervention as a party if it so desires, and the Board cooperates with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. Such duty to defend, indemnify and save the Board harmless shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's failure to comply with the provisions of this Section. The obligation to pay a fair share fee will not apply to any Teacher who, on the basis of a employees based upon bona fide religious xxxxx tenets or teaching of a church or religious body of which such Teacher is a member or a belief sincerely held with the strength of traditional religious views, objects employees are members. Such employees may be required to the payment of a pay an amount equal to their fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee under this Agreement to a mutually agreeable non-religious charitable organization as per Association policy mutually agreed upon by the employee(s) affected and the Rules and Regulations Union, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. Non-members who object to the amount of the fair share fee have the right to file unfair labor practice charges against the Union pursuant to Paragraph 1714(b) (1) of the Illinois Educational Labor Relations Act. Additionally, non-members who object to the amount of the fair share fee have the right to file such objection pursuant to the Internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. The Union shall indemnify and hold harmless the Board of Trustees, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability, including, but not limited to, damages, attorneys’ fees, and costs that shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of Section G this Article, or in reliance on any list, notice, certification, affidavit or assignment furnished under any of this Article shall not apply to any teacher who was employed prior to May 1, 1995such provisions. 2.1 Workday‌‌‌

Fair Share/Maintenance of Membership. The June 27, 2018 ruling in Janus v. AFSCME nullified the existence of the Fair Share/Maintenance of Membership clause within this contract; should the ruling be overturned, the language within this section would be reinstated within the parameters of the new ruling. (1) It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all teachers who are beneficiaries of this Agreement. To to this end, if a teacher does not join the Association or execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (a), the Board shall deduct the sum equivalent to the teacher's share of the costs of the services rendered by the Association association for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association to the Board in equal payments from the regular salary check to the teacher in the same manner as it deducts for members of the Association, provided: a. (a) The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and b. (b) The Association has annually certified in writing to the Board the amount of such fair share fees and has annually certified in writing to the Board that such notice has been posted. . (2) The Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association as described in paragraph 1 of Section F of this Article and transmit the fee to the Association no later than ten Article. (103) days following the deduction. In the event a teacher objects to the amount of such fee, the fee shall be transferred in accordance with the Rules and Regulations to the IELRB. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise rise by reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided including reimbursement for any legal fees or expenses incurred in connection therewith. (4) In the event a teacher objects to the amount of such fee, the Board gives notice of such action in writing shall continue to deduct the Association as soon as practicable and permits the Association intervention as a party if it so desires, fee and the Board cooperates with shall transmit the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. Such duty to defend, indemnify and save fee (or the Board harmless shall not apply to any claim, demand, suit or other form of liability which may arise as a result portion of the Board's failure fee in dispute) to comply with the provisions of this SectionIELRB which shall hold the fee in escrow in an account established for that purpose. The obligation Board shall continue to pay transmit such fee to the IELRB until further order of the IELRB. If the teacher is entitled to a fair share fee will not apply to refund, the teacher shall receive such refund plus any Teacher who, interest earned on the basis refund during the pendency of the action. (5) If a non-member teacher declares the right of non-association based upon bona fide religious xxxxx or teaching of a church or religious body of which tenets such Teacher is a member or a belief sincerely held with the strength of traditional religious views, objects teacher shall be required to pay an amount equal to the payment of a fair teacher's proportionate share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy mutually agreed upon by the teacher and the Rules Association. If the teacher and Regulations of the Association are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the Illinois Educational Education Labor Relations Board. Board in connection with its rules. (6) The provisions of Section G F of this Article shall not apply to any teacher who was employed prior did not belong to May 1the Association as of January 8, 19951987, except and unless should those teachers at some future date voluntarily agree to either the Agency Shop provisions or take out a membership in the Association. A. Introduction