Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues. 1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members. 2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed: 1. The fair share fee will not exceed the amount of dues normally charged to Association members. 2. The fair share fee will not include any costs or contributions related to elections or political purposes. 3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and 2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentteachers who are not members of the Association shall, on or before thirty commencing sixty (3060) days from the date of commencement of duties after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues required of members attributable to being a member of the North ▇▇▇▇▇ Education Association (including the Illinois Education Association and the National Education Association, including local, state, and national dues.
1). In the event that the teacher does not pay his/his or her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by a certain date established by the Board no later than ten (10) days following the deduction. The purpose of this Association, such fair share fee is for deferring the cost of services rendered shall be deducted by the Association to District from the earnings of non-members. These costs include, but are not limited to, members and remitted to the negotiation and administration of this AgreementAssociation. The Association willshall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, on a yearly basis, certify which specifies the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will shall not include any costs or contributions related to elections the election or support of any candidate for political purposes.
3office or for member-only benefit. The nonNon-members who object to the this fair share fee based on bona fide bonafide religious grounds are excused from payment tenets or teaching shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious religious, charitable organization mutually agreed upon by the non-members teacher and the Association. If the affected non-member and the Association do not agreeare unable to reach an agreement on the organization, the organization shall be selected by the affected non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational Labor Relations BoardBoard and the payment shall be made to said organization. In The Association shall indemnify and hold harmless the event of any legal action against the BoardDistrict, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, agents and employees from and any, against any and all claims, demands, actions, com- plaintscomplaints, suits, suits or other forms of liability (monetary or loss including, but not limited to, damages, attorneys' fees, and costs otherwise) that will arise out of or by reason of any action taken or not taken by the Board District for the purpose of complying with the above provisions of this clauseArticle, or in reliance on upon any list, notice, certification, affidavit, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 4 contracts
Sources: Basic Agreement, Basic Agreement, Basic Agreement
Fair Share. Each teacherEmployees in the bargaining unit who are not members of the Association on the effective date of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as a condition for his/her employmentthe exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days from after the date of commencement hire. The Association shall annually provide the District with names of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of employees who are non- members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share “Fair Share Fee,” and a payment schedule for the deduction of the fee. The certification must be written and signed by the President For employees hired after September 15, of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In additioneach year, the Association will certify to provide the Board that "Notice District with the amount of Fair Share" has been given the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the IELRB rules schedule provided, and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed shall promptly transmit the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment deducted to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsTreasurer. The Association will indemnify, defend, indemnify and hold the District harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying District to comply with the above provisions of this clausesection. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, or as required in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionspart (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Act.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher(a) The Association will represent all of the employees in the bargaining unit, members and non-members, fairly and equally and therefore, all employees in the bargaining unit shall be required to pay, as a condition for his/her employmentprovided in this Article, their fair share of the costs of representation by the Association. No employee shall be required to join the Association, but membership in the Association shall be available to all employees who apply, consistent with the Association's constitution and bylaws.
(b) The Employer shall deduct in equal installments from the monthly earnings of all employees in the collective bargaining unit, except exempt employees, their fair share of the cost of representation by the Association, as provided in 111.70(1)(f), Wis. Stats., and as certified to the Employer by the Association. The Employer shall pay said amount to the Association on or before the end of the month in which such deduction was made.
1. For purposes of this Article, exempt employees are those employees who are members of the Association and whose dues are deducted and remitted to the Association by the Employer pursuant to 4.02 (Dues Deduction).
2. The Association shall notify the Employer of the amount certified by the Association to be the fair share of the cost of representation by the Association and the date for the commencement of fair share deductions at least thirty (30) days from prior to any required fair share deduction.
(c) The Association agrees to abide by the date decisions of commencement the Wisconsin Employment Relations Commission and/or courts of duties or competent jurisdiction regarding fair share. The Association agrees to inform the Employer of any change in the amount of such fair share costs at least thirty (30) days prior to the effective date of this Agreement, whichever is later, will join the change.
(d) The Association shall provide employees who are not members of the Association or pay a fair share fee to with an internal mechanism within the Association which is consistent with the requirements of state and federal law and which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly allow those employees to the Association, the Board will deduct challenge the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to amount certified by the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring as the cost of services rendered by the Association representation and to non-members. These costs includereceive, but where appropriate, a rebate of any monies to which they are not limited to, the negotiation and administration of this Agreement. entitled.
(e) The Association will, on a yearly basis, certify does hereby indemnify and shall save the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold employer harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms of liability or loss includingliability, but not limited toincluding court costs, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken or not taken by the Board for the purpose of complying Employer, which employer action or non-action is in compliance with the above provisions of this clauseArticle, or and in reliance on any list, notice, certification, affidavit, lists or assignment certificates which have been furnished under any such provisionsto the Employer pursuant to this Article.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher1. It is recognized that the Senate's duty as the sole and exclusive bargaining agent entails expenses for collective bargaining and contract administration which appropriately are shared by all faculty members who are beneficiaries of this agreement. To this end, as if a condition for his/her employment, on or before thirty faculty member does not join the ▇▇▇▇ County College Teachers Union within fourteen (3014) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount after posting of the dues notice required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Associationin subparagraph (b), the Board will shall deduct a sum equivalent to the fair proportionate share fee of the cost of the services rendered by the CCCTU for collective bargaining and contract administration in its role as a sole and exclusive bargaining agent in equal payments from the wages regular salary check of the non- faculty member in the same manner as it deducts dues for members of the deductions are made for membersCCCTU provided:
a) The CCCTU has posted the appropriate notices of the imposition of such Fair Share fee in accordance with the rules and regulations of the IELRB; and,
b) The CCCTU has annually certified in writing to the Board the amount of such Fair Share fee and has annually certified in writing to the Board that such notice has been posted.
2. Such The Board shall begin such Fair Share fee will be paid to the Association by the Board deduction no later earlier than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated (or any later period as required by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.Rules and Regulations of
3. The Senate and the CCCTU agree to defend, indemnify and save the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Senate, the CCCTU, or the Board in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith.
4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit such fee to the IELRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund, plus any interest earned on the refund during pendency of the action.
5. If a faculty member declares the right of non-members who object to the fair share fee on association based upon bona fide religious grounds are excused from payment tenets or teaching, or a church, or religious body of which such faculty member is a member, such faculty member shall be required to pay an amount equal to the Association but must pay the amount of the fair faculty member's proportionate share fee to a non-non- religious charitable organization mutually agreed upon by the non-members faculty member and the AssociationCCCTU. If the non-faculty member and the Association do not agreeCCCTU are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. Each teacherbargaining unit member who, as of October 1, fall semester and/or March 1, spring semester, or as a result of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition for his/her of employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Adjunct Faculty Association or pay a fair share fee to the Association which will be a proportionate equivalent to the amount of the dues uniformly required of members of the Association, including local, state, state and national dues. Following the fifth pay period of the Fall and Spring semesters (Payrolls 5 and 15), the Administration will provide the Association a list of all adjunct and part-time faculty who have received teaching assignments. The Association will prepare a list of adjunct and part-time faculty to be given to the College who have either elected to have full (or local only) union dues and fair share fees deducted from their pay. The Adjunct Faculty Association President shall then submit to the Administration a list of adjunct faculty members who meet the conditions of Association membership due to courses that begin prior to Payroll 5 of the fall semester or Payroll 15 of the spring semester. The Association shall notify the Administration as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the B. The Board will shall deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for membersnon-member.
2. C. Such fee will shall be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. D. In the event of any legal action against the Board, its members, officers, agents, and teachers Employer brought in a court or administrative agency because of its compliance with this fair share provisionArticle, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate The Employer gives prompt notice of such action in writing to the Association, Association and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give The Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and all appellate levels. .
E. The Association agrees that in any action so defended, it will indemnify, defend, indemnify and hold harmless the BoardEmployer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Employer’s non-negligent compliance with this Article. It is expressly understood that this hold harmless provision will not apply to any claim, its membersdemand, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suit or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will which may arise out as a result of or by reason any type of action taken willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
F. The Association shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Association. The Association acknowledges its obligation to provide non-members with the basis for the purpose calculation of complying the fair share fee. The Association shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board on a pro-rata basis from the earnings of the non- members on the same time schedule as Association dues and be paid to the Association. The amount certified by the Association shall not include any fees for contributions related to the election or support of any candidate for political office. Nothing in this Section shall preclude the non-member from making voluntary political contributions in conjunction with his or her fair share payment.
G. This fair share agreement shall safeguard the right of non-association of employees based upon bona fide religious tenets or teaching of a church or religious body of which such employees are members or a belief sincerely held with the above provisions strength of traditional religious views. Such employees may be required to pay an amount equal to their fair share under this clauseAgreement to a non-religious charitable organization mutually agreed upon by the employee affected and the Association, or in reliance on any listif no mutual agreement is reached, notice, certification, affidavit, or assignment furnished under any such provisionsfrom an approved list of charitable organizations established by the Illinois Educational Labor Relations Board.
H. Non-members who object to the amount of the fair share fee have the right to file objections with the Illinois Educational Labor Relations Board.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join When membership in the Association is 90% or pay a fair share fee to the Association which will be a proportionate amount greater of the dues required of eligible members, the Penn Manor School District shall deduct from employees who are not members of the Association, including local, state, and national dues.
1. In Association an amount annually certified by the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct Association as the fair share fee from as permitted by the wages of the non- member Public Employee Fair Share Law (“Law”). Each nonmember in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered bargaining unit represented by the Association to non-members. These costs include, but are not limited to, under the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will Public Employee Relations Act shall be required to pay the feefair share fee as provided by the Law. The fair share fee shall not include any amount expended by the Association for partisan, nor will political or ideological activities that is excluded by a body that has jurisdiction to exclude certain activities. Subject to the Board be required to deduct the fee, until the certification document is submitted. In additionfollowing, the Penn Manor School District and the Association will certify agree to apply the Board that "Notice provisions of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observedLaw:
1. The fair share fee will not exceed Association agrees to extend to all nonmembers the amount of dues normally charged opportunity to Association membersjoin the Association.
2. The Non-members with bona fide religious objections to a fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to may direct the Association but must pay the amount of the fair share to contribute their agency fee to a non-religious charitable organization mutually agreed upon by charity. The Association’s escrow agent shall provide verification of said payment to any affected nonmember once the non-members and the Associationtotal agency fee obligation has been fully satisfied via payroll deduction.
3. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action is brought against the Board, its members, officers, agents, and teachers brought in Penn Manor School District as a court or administrative agency because result of compliance with any actions it is required to perform by the Association pursuant to this fair share provisionSection, the Association agrees to defend such action, provide for the defense of the Penn Manor School District at its own the Association’s expense and through its own counsel, provided:counsel selected by the Association.
14. Except in actions filed with The Penn Manor School District agrees to give the Illinois Labor Relations Board, the Board will give Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in writing to the defense of the case. If the Penn Manor School District does not fully cooperate with the Association, and permits any obligation of the Association intervention as to provide a party if it so desires, anddefense under this Section shall cease.
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels5. The Association will indemnifyagrees in any action so defended, defend, to indemnify and hold the Penn Manor School District harmless for any monetary damages the Board, Penn Manor School District might be liable for as a consequence of its members, officers, agents, and employees from and against compliance with this Section; except that it is expressly understood that this save harmless provision will not apply to any and all claims, demands, actions, com- plaints, suits, or other forms legal action which may arise as a result of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken any willful misconduct by the Board for the purpose of complying with the above provisions of Penn Manor School District’s failure to properly perform its obligation under this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsSection.
Appears in 3 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Fair Share. Each teacher(a) The Association will represent all of the employees in the bargaining unit, members and non-members, fairly and equally and therefore, all employees in the bargaining unit shall be required to pay, as a condition for his/her employmentprovided in this Article, their fair share of the costs of representation by the Association. No employee shall be required to join the Association, but membership in the Association shall be available to all employees who apply, consistent with the Association's constitution and bylaws.
(b) The Employer shall deduct in equal installments from the monthly earnings of all employees in the collective bargaining unit, except exempt employees, their fair share of the cost of representation by the Association, as provided in Section 111.70(1)(f), Wis. Stats., and as certified to the Employer by the Association. The Employer shall pay said amount to the Association on or before the end of the month in which such deduction was made.
1. For purposes of this Article, exempt employees are those employees who are members of the Association and whose dues are deducted and remitted to the Association by the Employer pursuant to Section 4.02 (Dues Deduction).
2. The Association shall notify the Employer of the amount certified by the Association to be the fair share of the cost of representation by the Association and the date for the commencement of fair share deductions at least thirty (30) days from prior to any required fair share deduction.
(c) The Association agrees to abide by the date decisions of commencement the Wisconsin Employment Relations Commission and/or court of duties or competent jurisdiction regarding fair share. The Association agrees to inform the Employer of any change in the amount of such fair share costs at least thirty (30) days prior to the effective date of this Agreement, whichever is later, will join the change.
(d) The Association shall provide employees who are not members of the Association or pay a fair share fee to with an internal mechanism within the Association which is consistent with the requirements of state and federal law and which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly allow those employees to the Association, the Board will deduct challenge the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to amount certified by the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring as the cost of services rendered by the Association representation and to non-members. These costs includereceive, but where appropriate, a rebate of any monies to which they are not limited to, the negotiation and administration of this Agreement. entitled.
(e) The Association will, on a yearly basis, certify does hereby indemnify and shall save the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold employer harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms of liability or loss includingliability, but not limited toincluding court costs, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken or not taken by the Board for the purpose of complying Employer, which employer action or non-action is in compliance with the above provisions of this clauseArticle, or and in reliance on any list, notice, certification, affidavit, lists or assignment certificates which have been furnished under any such provisionsto the Employer pursuant to this Article.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentemployees who are not members of the Union shall, on or before commencing thirty (30) days from the date of commencement of duties after their employment or thirty (30) days after the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, Union for collective bargaining and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of contract administration services rendered by the Association Union as the exclusive representative of the employees covered by said Agreement, provided fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the Employer from the earnings of non-membersmembers and remitted to the Union. These costs include, but The Union shall periodically submit to the Employer a list of the members covered by this Agreement who are not limited to, members of the negotiation Union and administration of this Agreement. The Association will, on a yearly basis, certify an affidavit which specifies the amount of the fair share fee. The certification must be written and signed amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member-only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the President United States Supreme Court in Chicago Teachers Union ▇. Accordingly, the Union agrees to do the following:
1. Give timely notice to fair share fee payors of the Association amount of the fee and must include a financial breakdown an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same by an independent auditor.
2. Advise fair share fee payors of an expeditious and impartial decision-making process whereby fair share fee payors can object to the amount of the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payors to the amount of the fair share fee. No teacher will be required to pay It is specifically agreed that any dispute concerning the fee, nor will amount of the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed and/or the amount responsibilities of dues normally charged the Union with respect to Association members.
2. The fair share fee will payors as set forth above shall not include any costs or contributions related be subject to elections or political purposes.
3the grievance and arbitration procedure set forth in this Agreement. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationUnion. If the affected non-member and the Association do not agreeUnion are unable to reach agreement on the organization, the organization shall be selected by the affected non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssaid organization.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from During the date of commencement of duties or the effective date term of this Agreement, whichever is lateremployees who are not members of the Union shall, will join the Association or commencing sixty (60) days after their employment pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, Union for collective bargaining and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of contract administration services rendered by the Association Union as the exclusive representative of the employees covered by this Agreement, provided said fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the VILLAGE from the earnings of non-membersmembers and remitted to the Union with the same frequency and in the same fashion as Union dues payments. These costs include, but The Union shall periodically submit to the VILLAGE a list of the employees covered by this Agreement who are not limited to, members of the negotiation Union and administration of this Agreement. The Association will, on a yearly basis, certify an affidavit which specifies the amount of the fair share fee. The certification must be written and signed by the President amount of the Association and must fair share shall not include any contributions related to the election or support of any candidate for political office or for any member- only benefit. The fair share fee should be uniform for each employee subject to the obligation to pay a financial breakdown fair share fee. The Union may change the fixed uniform dollar amount that will be considered the regular monthly fair share fee once each calendar year during the life of this Agreement. The Union will give the VILLAGE thirty (30) days' notice of any such change in the amount of the fair share fee. No teacher will be required The Union agrees to pay the fee, nor will the Board be required assume full responsibility to deduct the fee, until the certification document is submittedinsure full compliance with all applicable laws both state and federal. In addition, the Association will certify The Union further agrees to the Board that "Notice of Fair Share" has been given provide fair share fee payors with an appeal procedure in accordance with all applicable laws both state and federal. It is specifically agreed that any dispute concerning the IELRB rules and regulations. No payroll deductions amount of fair share fees will be made by fee and/or the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The responsibilities of the Union with respect to fair share fee will payors as set forth above shall not exceed be subject to the amount of dues normally charged to Association members.
2grievance and arbitration procedures set forth in this Agreement. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationUnion. If the affected non-member and the Association do not agreeUnion are unable to reach agreement on the organization, the organization shall be selected by the affected non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssaid organization.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Public Works Agreement
Fair Share. Each teacher1. It is recognized that the Senate's duty as the sole and exclusive bargaining agent entails expenses for collective bargaining and contract administration which appropriately are shared by all faculty members who are beneficiaries of this agreement. To this end, as if a condition for his/her employment, on or before thirty faculty member does not join the Cook County College Teachers Union within fourteen (3014) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount after posting of the dues notice required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Associationin subparagraph (b), the Board will shall deduct a sum equivalent to the fair proportionate share fee of the cost of the services rendered by the CCCTU for collective bargaining and contract administration in its role as a sole and exclusive bargaining agent in equal payments from the wages regular salary check of the non- faculty member in the same manner as it deducts dues for members of the deductions are made for membersCCCTU provided:
a) The CCCTU has posted the appropriate notices of the imposition of such Fair Share fee in accordance with the rules and regulations of the IELRB; and,
b) The CCCTU has annually certified in writing to the Board the amount of such Fair Share fee and has annually certified in writing to the Board that such notice has been posted.
2. Such The Board shall begin such Fair Share fee will be paid to the Association by the Board deduction no later earlier than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB), after such certification. The following restrictions which are mandated certification by law will be observed:
1. The fair share fee will not exceed the amount CCCTU as described in subparagraph (b) of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposesparagraph 1 of this section.
3. The Senate and the CCCTU agree to defend, indemnify and save the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Senate, the CCCTU, or the Board in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith.
4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit such fee to the IELRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund, plus any interest earned on the refund during pendency of the action.
5. If a faculty member declares the right of non-members who object to the fair share fee on association based upon bona fide religious grounds are excused from payment tenets or teaching, or a church, or religious body of which such faculty member is a member, such faculty member shall be required to pay an amount equal to the Association but must pay the amount of the fair faculty member's proportionate share fee to a non-non- religious charitable organization mutually agreed upon by the non-members faculty member and the AssociationCCCTU. If the non-faculty member and the Association do not agreeCCCTU are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, Commencing on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is lateror within thirty days from their date of hire by the Board of Education, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of bargaining unit employees who do not become members of the Association, including local, state, and national dues.
1. In Union shall pay to the event that the teacher does not pay his/her Union each month their fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in costs of the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association Union that are chargeable to non-members. These costs include, but are not limited to, the negotiation members under State and administration of this AgreementFederal law. The Association will, on Union shall certify to the Board a yearly basis, certify fair share amount not to exceed the amount dues uniformly required of members in conformity with Federal and State law and the Rules of the Illinois Educational Labor Relations Board (IELRB). Such fair share feepayment by covered non-members shall be deducted by the Board from the earnings of covered non-members and remitted to the Union within ten work days of said deduction unless the Board is required to remit a fee to the IELRB for escrow. In no event shall the Board begin such fair share fee deduction earlier than fourteen days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Union as provided in the previous paragraph. The certification must be written Union and signed the Board shall comply with the Rules of IELRB concerning notice, objections, and related matters contained in its fair share fees. The fair share notice posted by the President Union shall advise the covered non-members of their right to so object and of the Association and must include procedure for so doing. If a financial breakdown covered non-member established the right of the fair share fee. No teacher will non-association based upon bona fide religious tenets or teaching of a church or religious body of which such employees are members, such covered non-member shall be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify an amount equal to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The covered non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationUnion. If the non-member employee and the Association do not agreeUnion are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations BoardIELB in accordance with its Rules. In The Board agrees to notify the event Union promptly in writing of any legal action against written claim, demand or suit in regard to which it will seek to implement the Board, its members, officers, agentsprovisions of the previous paragraph, and teachers brought if the Union so requests in a court or administrative agency because of compliance with this fair share provisionwriting, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In surrender any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms of liability to the Union for defense. If, during the term of this Agreement, the IELRB or loss includinga court of competent jurisdiction rules any part of this Article void or not enforceable, but not limited to, damages, attorneys' fees, the Union and costs that will arise out of or by reason of action taken by the Board agree to convene negotiations on this matter immediately for the sole purpose of complying bringing this Article into compliance with the above provisions standards of this clause, ruling of said IELRB or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionscourt.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentall teachers covered by this Agreement who are not members of the Association shall, on or before thirty commencing sixty (3060) days from the date of commencement of duties after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount for the services rendered by the Association in negotiating and administering this Agreement as the exclusive representative of the teachers covered by this Agreement, provided that such fair share fee shall not exceed the Association dues (including IEA and NEA dues) uniformly required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her Such fair share fee directly fees shall be deducted by the Board from the earnings of non-members and remitted to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on shall annually submit to the Board a yearly basis, certify the amount list of the fair share fee. The certification must be written and signed teachers covered by the President this Agreement who are not members of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay specifies the amount of the fair share fee as defined above. The fair share fee collected from non-members shall not be used for contributions related to the election and/or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitutional rights of fair share fee and/or the responsibilities of the Association with respect to fair share fee payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenants or teachings shall pay an amount equal to such fair share fee as defined above to a non-religious charitable organization mutually agreed upon by the non-members teacher and the Association. If the affected non-member and the Association do not agreeare unable to reach agreement on the organization, the organization shall be selected by the affected non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will indemnify, defend, shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, suits or other forms of liability (monetary or loss including, but not limited to, damages, attorneys' fees, and costs otherwise) that will arise out of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, or assignment assignments furnished under any such provisions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherPursuant to Section 11 of Public Act 83-1014, the Employer will deduct fair share fees from the pay of status employees, as a condition for his/her employmentdefined by the Statutes and Rules of the State Universities Civil Service System of Illinois, on or before thirty (30) days from who are represented by the date of commencement of duties or the effective date of this AgreementUnion, whichever is later, will join the Association or pay a fair share fee subject to the Association which will be following procedures and conditions:
(1) The Union demonstrates to the Employer that a proportionate amount majority of the status employees in the bargaining unit are dues required of paying members of the Association, including local, state, and national dues.Union;
1. In the event that the teacher does not pay his/her fair share fee directly (2) The Union certifies to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify Employer the amount of the fair share fee. share, such fee to comply with the requirements of Public Act 83-1014;
(3) The certification must be written and signed by Union certifies to the President Employer the names of the Association and must include a financial breakdown of the fair share fee. No teacher will status employees represented who shall be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object subject to the fair share fee on bona fide religious grounds are excused from payment payroll deduction;
(4) The Union notifies, in writing, with copies to the Association but must pay Employer, the individual status employees subject to fair share fee payroll deduction of: a) the existence of this Article of this Agreement and Section 11, Public Act 83-1014, to which it is pursuant, b) the amount of the fair share fee to a nonbe deducted from their wages, c) the payroll period for which the deduction will first take place, and d) the safeguard to the employee's right of non- association contained in Section 11, Public Act 83-religious charitable organization mutually agreed upon 1014;
(5) Upon compliance by the non-members and the Association. If the non-member and the Association do not agreeUnion with conditions (1) through (4), the non-member Employer, for the first payroll period of the first month beginning after said compliance and continuing during the life of this Agreement and any extension thereof, will select a charity deduct from the list developed wages of each status employee named above the fair share fee certified as above. Usual and customary payroll deduction procedures will be followed. The monies so deducted shall then be remitted to the Union.
(6) The Union shall notify the Employer, in writing, of any change in the fair share fee at least thirty (30) days prior to its effective date;
(7) The obligation to pay a fair share fee shall not apply to any employee who, on the basis of bona fide religious tenets or teachings of a church or religious body of which such employee is a member, objects to the payment of a fair share fee to the Union. The parties agree to abide by the Illinois Educational Labor Relations Board. In rules of the event of IELRB concerning any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsobjection. The Association will indemnify, defend, Union shall indemnify and hold harmless the BoardEmployer, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, suits or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken or not taken by the Board Employer for the purpose of complying with the above provisions of this clause, Article or in reliance on any list, notice, certification, affidavit, affidavit or assignment furnished under any such provisionshereunder.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherEffective with the start of the 1993-94 school year, as a condition for his/her employment, on or before thirty (30) days from all teachers covered by this Agreement who are not members of the date of commencement of duties or Union shall during the effective date term of this Agreement, whichever is laterand so long as they remain non- members of the Union, will join pay to the Association or pay a Union their fair share fee of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. The Union shall certify to the Association which will be a proportionate Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Association, including local, stateUnion, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, shall supply the Board will deduct and the fair share fee from the wages non- members a copy of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount basis of the fair share calculation of the fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will Union shall further certify to the Board that "“Notice of Fair Share" ” has been given posted in accordance with the IELRB rules and regulations. No payroll deductions deduction of fair share fees will shall be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated Such fair share payments shall be deducted by law will the Board from the earnings of the non-member teachers on the same time schedule as Union dues and be observed:
1paid to the Union. The fair share fee will not exceed amount certified by the amount of dues normally charged to Association members.
2. The fair share fee will Union shall not include any costs or fees for contributions related to elections the election or support of any candidate for political purposes.
3office. The Nothing in this Section shall preclude the non-members who object to the member employee from making voluntary political contributions in conjunction with his or her fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the payment. This fair share fee agreement shall safeguard the right of non- association of teachers based upon bonafide religious tenets or teaching of a church or religious body of which such teachers are members. Such teachers may be required to pay an amount equal to their fair share under this Agreement to a non-religious charitable organization mutually agreed upon by the non-members teachers affected and the Association. If the non-member and the Association do not agreeUnion, the non-member will select a charity or if no mutual agreement is reached, from the an approved list developed of charitable organizations established by the Illinois Educational Labor Relations Board. In Non-member teachers who object to the event amount of any legal action the fair share fee have the right to file an unfair labor practice charge against the BoardUnion pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations Act. Additionally, its members, officers, agents, and non- member teachers brought in a court or administrative agency because who object to the amount of compliance with this the fair share provisionfee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the Association agrees filing of such objection pursuant to defend the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such actionfiling, at its own expense pursuant to said internal procedures and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the AssociationUnion, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and permits to be made pending resolution of the Association intervention as a party if charge, which is fairly placed at issue by the objection or objections, and it so desires, and
2. In shall maintain the escrow account during the pendency of the charge and any action, no matter where filed, the Board will give full and complete cooperation judicial review pursuant to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsAct. The Association will indemnify, defend, Union shall indemnify and hold harmless the BoardBoard of Education, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss liability, including, but not limited to, damages, attorneys' ` fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher, 1. No employee shall be required to join the Union as a condition for his/her of employment. However, on or before thirty (30) days from during the date of commencement of duties or the effective date term of this Agreementagreement, whichever is later, will join all non-members of the Association or Union who are covered by this Agreement shall be required to pay a fair share fee to the Association which will Union. After certification as provided below, such fair share fees shall be a proportionate amount deducted by the Board from the earnings of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- non-member in the same manner as the deductions are made for membersemployees.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for the purpose of deferring the cost costs of services rendered by the Association Union to non-members. These costs include, including, but are not limited to, negotiating and administering the negotiation and administration of this Agreementcontractual agreement. The Association will, on a yearly basis, Periodically the Union shall certify the amount of the this fair share fee, which fee may not include any fees for contributions related to the election or support of any candidate for political office nor may such fair share fee exceed the dues uniformly required of Union members. The This certification must be written and signed by the President President/Business Representative of the Association Local 73 and must include a clear statement of the fact that the fair share fee so certified does not include any sum for contributions related to the election or support of any political candidate or party. The Board may require the Union to submit appropriate financial breakdown documents demonstrating the method of calculation of the fair share fee. No teacher will employee shall be required to pay the fee, nor will shall the Board be required to deduct the fee, until the certification document is submitteddocuments required herein are submitted to the Board. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance Union shall comply with the IELRB rules and regulations. No payroll deductions notice of fair share fees will be made by requirement of the Board until at least fourteen (14) days after IELRB and objection to such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed shall be handled in compliance with the amount applicable rules of dues normally charged the IELRB. Any employee required by this clause to Association members.
2. The pay a fair share fee will who, based upon bona fide religious tenets or teachings, objects to payment of the fee shall not include any costs or contributions related be required to elections or political purposespay it, but instead shall be required to pay the fair share fee amount to a local charity selected from a list approved by the Union and the District.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will Union shall indemnify, defend, and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentemployees who are not members of the Chapter shall, on commencing 60 days after their employment or before thirty (30) 60 days from the date of commencement of duties or after the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, Chapter for collective bargaining and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of contract administration services rendered by the Association Chapter as the exclusive representative of the employees covered by said Agreement, provided fair share fee shall not exceed the dues attributable to being a member of the Chapter. Such fair share fees shall be deducted by the Village from the earnings of non-membersmembers and remitted to the Chapter. These costs include, but The Chapter shall periodically submit to the Village a list of the employees covered by this Agreement who are not limited to, members of the negotiation Chapter and administration of this Agreement. The Association will, on a yearly basis, certify an affidavit which specifies the amount of the fair share fee. The certification must be written and signed by the President amount of the Association fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member-only benefit. The foregoing provision shall not apply to any employee employed prior to June 19, 1990, who is not a member of the Chapter, provided any such employee must pay, pursuant to the deduction provisions of this Section, either the fair share fee or an amount equal to such fair share fee to a charitable organization selected in accordance with the last paragraph of this Section. This fair
1. Give timely notice to fair share fee payors of the amount of the fee and must include a financial breakdown an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same by an independent auditor.
2. Advise fair share fee payors of an expeditious and impartial decision-making process whereby fair share fee payors can object to the amount of the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payors to the amount of the fair share fee. No teacher will be required to pay It is specifically agreed that any dispute concerning the fee, nor will amount of the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed and/or the amount responsibilities of dues normally charged the Chapter with respect to Association members.
2. The fair share fee will payors as set forth above shall not include any costs or contributions related be subject to elections or political purposes.
3the grievance and arbitration procedure set forth in this Agreement. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationChapter. If the affected non- member and the Chapter are unable to reach agreement on the organization, the organization shall be selected by the affected non-member and the Association do not agree, the non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssaid organization.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher, No employee shall be required to join the Association as a condition for his/her of employment. However, each employee, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will shall join the Association or pay a fair share fee to the Association which will shall be a proportionate amount of the dues required of members of the Association, including local, state, state and national dues.
1. A. In the event that the teacher employee does not pay his/her fair share fee directly to the Association, the Board will shall deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. B. Such fee will shall be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association willshall, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President president of the Association and must include a financial breakdown of the fair share fee. No teacher will employee shall be required to pay the fee, nor will shall the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will shall certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB Illinois Educational Labor Relations Board (IELRB) rules and regulations. No payroll deductions of fair share fees will shall be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will shall be observed:
1. A. The fair share fee will shall not exceed the amount of dues normally charged to Association members.
2. B. The fair share fee will shall not include any costs or contributions related to elections or political purposes.
3. C. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will shall select a charity from the list developed by the Illinois Educational Labor Relations BoardIELRB. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. A. Except in actions filed with the Illinois Labor Relations BoardIELRB, the Board will shall give immediate prompt notice of such action action, in writing writing, to the Association, and permits the Association intervention as a party if it so desires, and
2. B. In any action, no matter where filed, the Board will shall give full and complete all reasonable cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels, provided, however, that nothing set forth herein shall require the District to create information or release employees from work with pay. The Association will shall indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the Board.
Appears in 2 contracts
Sources: Professional Agreement, Professional Services
Fair Share. Each teacher1. It is recognized that the Senate's duty as the sole and exclusive bargaining agent entails expenses for collective bargaining and contract administration which appropriately are shared by all faculty members who are beneficiaries of this agreement. To this end, as if a condition for his/her employment, on or before thirty faculty member does not join the ▇▇▇▇ County College Teachers Union within fourteen (3014) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount after posting of the dues notice required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Associationin subparagraph (b), the Board will shall deduct a sum equivalent to the fair proportionate share fee of the cost of the services rendered by the CCCTU for collective bargaining and contract administration in its role as a sole and exclusive bargaining agent in equal payments from the wages regular salary check of the non- faculty member in the same manner as it deducts dues for members of the deductions are made for membersCCCTU provided:
a) The CCCTU has posted the appropriate notices of the imposition of such Fair Share fee in accordance with the rules and regulations of the IELRB; and,
b) The CCCTU has annually certified in writing to the Board the amount of such Fair Share fee and has annually certified in writing to the Board that such notice has been posted.
2. Such The Board shall begin such Fair Share fee will be paid to the Association by the Board deduction no later earlier than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB), after such certification. The following restrictions which are mandated certification by law will be observed:
1. The fair share fee will not exceed the amount CCCTU as described in subparagraph (b) of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposesparagraph 1 of this section.
3. The Senate and the CCCTU agree to defend, indemnify and save the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Senate, the CCCTU, or the Board in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith.
4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit such fee to the IELRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund, plus any interest earned on the refund during pendency of the action.
5. If a faculty member declares the right of non-members who object to the fair share fee on association based upon bona fide religious grounds are excused from payment tenets or teaching, or a church, or religious body of which such faculty member is a member, such faculty member shall be required to pay an amount equal to the Association but must pay the amount of the fair faculty member's proportionate share fee to a non-non- religious charitable organization mutually agreed upon by the non-members faculty member and the AssociationCCCTU. If the non-faculty member and the Association do not agreeCCCTU are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. 1. Each teacherbargaining unit member, as a condition for of his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will shall join the Association or pay a fair share fee to the Association which will be a proportionate equivalent to the amount of the dues uniformly required of members of the Association, including local, state, state and national dues.
12. In the event that the teacher Bargaining Unit Member does not join the Association, each employee shall:
a. Execute an authorization for the payroll deduction of a sum equivalent to the proportionate share of the cost of collective bargaining, contract administration and grievance adjustment (Fair Share fee); or
b. Pay this sum directly to the Association. In the event that the Bargaining Unit Member does not pay his/her fair share Fair Share fee directly to the Association, the Board will shall deduct the fair share Fair Share fee from the wages of the non- member in the same manner as the deductions are made for membersnon-member.
23. Such fee will Fair Share fees deducted shall be paid to the Association by the Board no later than ten fifteen (1015) days following deduction.
4. In the deduction. The purpose of this fair share event a fee is for deferring the cost of services rendered by the Association payer files an objection to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee with the Illinois Education Labor Relations Board, the Association shall submit to the Illinois Education Labor Relations an explanation of the basis for the Fair Share fee. The certification must be written explanation will contain an itemization of expenses for collective bargaining, contract administration and signed grievance adjustment, will describe the rationale and method by which the President Fair Share was determined, and will include a list of the Association and must include a financial breakdown of expenditures which were excluded in determining the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submittedFair Share. In addition, the Association will certify explanation shall include a statement of the objection, procedure, and the dispute resolution procedure. Prior to the Board that "Notice due date for the payment of the first Fair Share" has been given in accordance with Share fee, the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observedAssociation shall forward a notice to each non-member:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay a. Specifying the amount of the fair share Fair Share fee;
b. Advising that any non-member may object to the amount of the fee;
c. Describing the process for filing objections to the amount of the fee.
5. The obligation to pay a Fair Share fee to the Association will not apply to any Employee who, on the basis of a bona fide religious ▇▇▇▇▇ or teaching of a church or religious body or by a belief sincerely held with the strength of traditional religious views of which such Employee is a member, objects to the payment of a Fair Share fee to the Association. Upon proper substantiation of the religious objection and collection of the entire fee, the Association will promptly make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization mutually agreed upon by in accord with the non-members Rules and Regulations of the AssociationIllinois Education Labor Relations Board.
6. If The procedure for objection to the non-member amount of the Fair Share fee shall include a provision for resolution in accordance with the rules and the Association do not agree, the non-member will select a charity from the list developed regulations established by the Illinois Educational Education Labor Relations Board. During the pendency of any objection to the Fair Share fee, the amounts reasonably in dispute will be held in escrow by the Illinois Education Labor Relations Board.
7. In the event of any legal action against the Board, its members, officers, agents, and teachers Employer brought in a court or administrative agency because of its compliance with the provision of this fair share provisionArticle, the Association agrees to shall, defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give a. The Employer gives immediate notice of such action in writing to the Association, Association and permits the Association intervention to intervene as a party if it so desires, ; and
2. In any action, no matter where filed, the Board will give b. The Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and all appellate levels.
8. The Association agrees that in any such action it will indemnify, defend, indemnify and hold harmless the Employer from any liability for damages and costs, including reasonable attorneys’ fees, imposed by final judgment of a court or administrative agency, or reasonably incurred by the Employer as a direct consequence of the Employer’s compliance with this Article. It is expressly understood that this safe harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by if the Board for the purpose of complying refuses to comply with the above provisions of this clauseFair Share Article.
9. The provisions of the Fair Share clause shall not apply to any person who was a member of the bargaining unit, but was not a member of the Association as of December 31, 1988, except as such person at some future date voluntarily agrees either to pay the Fair Share or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsto become a member of the Association.
Appears in 2 contracts
Sources: Professional Agreement, Professional Agreement
Fair Share. Each teacherA. Regular status full-time or regular part-time non-teaching personnel have the right to join in, as a condition for his/her employmentparticipate in, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join and assist the Association and the right to refrain from such; but membership shall not be a prerequisite for employment or continuation of employment of any employee.
B. All employees in the bargaining unit who, upon successfully completing a probationary period, are not members in good standing of the Association shall pay a fair share fee to the Association which will as a condition of employment. Names of those employees shall be a proportionate amount of forwarded to the dues required of members state treasurer of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee shall be an amount which will not exceed the maximum amount of dues normally charged to which may lawfully be assessed by the Association members.
2as a fair share fee. Those bargaining unit members who commence employment at a date later than the normal starting date shall have their fair share fee pro-rated in accordance with months worked. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to payer shall be provided information concerning the fair share fee on bona fide religious grounds are excused from payment in accordance with law. Fair share rates shall be transmitted by the Association to the Association but must pay the amount treasurer of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying determining amounts to be deducted and paid to the Association. It will be the responsibility of the Association to maintain reporting and rebate procedures in accordance with law. Payroll deduction of the fair share fee shall begin with the above provisions first payroll period following 30 days after receipt of the financial disclosure information by the fair share payer and notice to the treasurer of the Board. The deduction of the fair share fee by the Board from the payroll check of the employee shall be automatic and does not require the written authorization of the employee. With respect to all monies deducted by the Board pursuant to this Article, the treasurer of the Board shall make them available to the state treasurer of the Association immediately following each pay that monies are deducted. If a bargaining unit member subject to the fair share fee ends employment by resignation or death before all deductions have been made, the unpaid balance will be deducted from their final check. The Board will not be liable for any fair share fee assessed against bargaining unit member leaving employment before the pay date that fails to meet the time requirements of this clausearticle. The Board's responsibility under this agreement shall be limited to the deduction of fair share fees, of which the treasurer has been properly notified, from the payroll checks of fair share fee payers. In no event shall the Board become liable for any fair share amount. This fair share fee agreement between the Board and the Association does not require any employee to become a member of the Association. Upon timely demand, non-members may appeal to the Association the payment of the fair share fee pursuant to the internal procedure adopted by the Association or such non-members may submit such appeals as provided by law.
C. If the Board requests Association indemnification, the Association agrees to indemnify and save the Board harmless against any judgments for any costs, expenses, or in reliance on any list, notice, certification, affidavit, other liability the Board might incur as a result of the implementation and enforcement of this service fee section provided that under this section of the Agreement the Board agrees to perm it the Association or assignment furnished under any such provisionsits affiliated organizations to designate counsel to represent and defend the Board during the term of this agreement.
Appears in 2 contracts
Sources: Negotiations Agreement, Negotiations Agreement
Fair Share. Each teacherA. It is recognized that the Association’s duties, as the sole and exclusive bargaining agent, entail certain expenses which appropriately are shared by all teachers who are beneficiaries of said Agreement. To this end, if a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will teacher does not join the Association or pay execute a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Associationdeduction authorization, the Board will shall deduct a sum equivalent to the fair proportionate share fee from the wages of the non- member in the same manner as the deductions are made cost for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, as authorized by the negotiation and administration IELRB in equal payment from the regular salary check of this Agreementthe teacher provided:
1. The Association will, on a yearly basis, certify has sent to such teacher and posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB and
2. The Association has annually certified in writing to the Board the amount of the such fair share fee. The certification must be written , and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify has annually certified in writing to the Board that "Notice of Fair Share" such notice has been given in accordance with the IELRB rules and regulations. No payroll deductions of mailed to all affected non-members.
B. The Board shall begin such fair share fees will be made by the Board until at least deduction no earlier than fourteen (14) days after such certification. certification of the mailing described in paragraph A of this section (or any later period as required by the Rules and Regulations of the IELRB).
C. The following restrictions Association, The Illinois Education Association, and the National Educational Association agree to defend, indemnify, and save the Board harmless against any claims, demand, suit, or other form of liability which are mandated may arise by law will be observed:reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided that this Section 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 lawful obligations imposed upon it by this Section.
1. The fair share fee will not exceed D. In the event a teacher objects to the amount of dues normally charged such fee, the Board shall continue to Association membersdeduct the fee and deposit such fee in escrow in accordance with rules and regulations of IELRB pending final determination on the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB as provided by its rules and regulations. Board shall hold such fees in escrow until further order of the IELRB. If the teacher is entitled to a refund, teacher shall receive such refund plus any interest earned on the refund during pendency of the action.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The E. If a non-members who object to member teacher declares the fair share fee on right of no association based upon bona fide religious grounds are excused from payment tenets or teaching, or a church or religious body of which such teacher is a member, such teacher shall be required to pay an amount equal to the Association but must pay the amount of the fair teacher’s proportionate share fee to a non-religious charitable organization mutually agreed upon by the non-members teacher and the Association. If the non-member teacher and the Association do not agree, are unable to reach agreement on the non-member will select matter charitable organization shall be selected from a charity from the list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher1. It is recognized that the Senate's duty as the sole and exclusive bargaining agent entails expenses for collective bargaining and contract administration which appropriately are shared by all faculty members who are beneficiaries of this agreement. To this end, as if a condition for his/her employment, on or before thirty faculty member does not join the Cook County College Teachers Union within fourteen (3014) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount after posting of the dues notice required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Associationin subparagraph (b), the Board will shall deduct a sum equivalent to the fair proportionate share fee of the cost of the services rendered by the CCCTU for collective bargaining and contract administration in its role as a sole and exclusive bargaining agent in equal payments from the wages regular salary check of the non- faculty member in the same manner as it deducts dues for members of the deductions are made for membersCCCTU provided:
a. The CCCTU has posted the appropriate notices of the imposition of such Fair Share fee in accordance with the rules and regulations of the IELRB; and,
b. The CCCTU has annually certified in writing to the Board the amount of such Fair Share fee and has annually certified in writing to the Board that such notice has been posted.
2. Such The Board shall begin such Fair Share fee will be paid to the Association by the Board deduction no later earlier than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB), after such certification. The following restrictions which are mandated certification by law will be observed:
1. The fair share fee will not exceed the amount CCCTU as described in subparagraph (b) of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposesparagraph 1 of this section.
3. The Senate and the CCCTU agree to defend, indemnify and save the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Senate, the CCCTU, or the Board in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith.
4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit such fee to the IELRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund, plus any interest earned on the refund during pendency of the action.
5. If a faculty member declares the right of non-members who object to the fair share fee on association based upon bona fide religious grounds are excused from payment tenets or teaching, or a church, or religious body of which such faculty member is a member, such faculty member shall be required to pay an amount equal to the Association but must pay the amount of the fair faculty member's proportionate share fee to a non-non- religious charitable organization mutually agreed upon by the non-members faculty member and the AssociationCCCTU. If the non-faculty member and the Association do not agreeCCCTU are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacher1. It is recognized that the Association’s duties as the sole and exclusive bar- gaining agent entails expenses for services rendered which appropriately are shared by all faculty who are beneficiaries of said Agreement. To this end, as if a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will faculty member does not join the Association or pay execute a fair share fee to the Association which will be a proportionate amount dues deduction authorization within fourteen (14) days after posting of the dues notice required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Associationin subparagraph (A) below, the Board will shall deduct a sum equivalent to the fair non- member’s share fee of the costs of the services rendered by the Associa- tion in its role as the sole and exclusive bargaining agent in equal payments from the wages regular paycheck of the non- faculty member in the same manner as it deducts dues for members of the deductions are made for membersAssociation 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 Illinois educational Labor Relations Board, and,
B. The Association has annually certified in writing to the Board the amount of such fair share fee and has annually certified in writing to the Board that such notice has been posted.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this shall begin such fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after such certification. The following restrictions which are mandated certification by law will be observed:
1. The fair share fee will not exceed the amount Association as described in the preceding paragraph of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposesthis Article.
3. The the Association, the Illinois Federation of teachers and the American Fed- eration of teachers agree to defend, indemnify, and hold the Board harmless against any claims, 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, including reimbursement of any legal fees or expenses incurred in connection therewith.
4. In the event a faculty member objects to the amount of such fee, the Board shall continue to deduct the fee and the Board shall transmit the fee (or the portion of the fee in dispute) to the IeLRB which shall hold the fee in escrow in an account established for that purpose. the Board shall continue to transmit such fee to the IeLRB until further order of the Board. If the faculty member is entitled to a refund, the faculty member shall receive such refund plus any interest earned on the refund during pendency of the action.
5. If a non-members who object to member faculty declares the fair share fee on right of non-association based upon bona fide religious grounds are excused from payment tenets or teaching of a church or religious body of which such faculty is a member, such faculty shall be required to pay an amount equal to the Association but must pay the amount of the fair faculty member’s proportionate share fee to a non-non- religious charitable chari- table organization mutually agreed upon by the non-members faculty member and the Association. If the non-faculty member and the Association do not agreeare unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. The following provisions will apply to all bargaining unit members.
A. Each teacher, as a condition for his/her employment, certified staff on or before thirty (30) calendar days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will shall join the Association or pay a fair share fee to the Association which will be a proportionate equivalent to the amount of the dues uniformly required of members of the Association, including local, state, state and national dues.
1. In the event that the teacher bargaining unit member does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, the Board will shall deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2nonmember. Such fee will shall be deducted in eighteen (18) equal payroll deductions and paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly monthly basis, certify .
B. The parties expressly recognize the right of any certified staff to challenge the amount of the fair share feefees. The certification must parties acknowledge that such challenges will be written and signed handled following the rules adopted by the President IELRB. In the event a certified staff objects to the amount of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the such fee, nor will the Board be required shall continue to deduct the fee, fees and transmit the fee (or portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit all such fees to the IELRB until further order of the certification document IELRB. If the certified staff is submitted. In additionentitled to a refund, the Association will certify certified staff shall receive such refund plus any interest earned on the refund while the action is being resolved pursuant to the Board that "Notice of Fair Share" has been given in accordance with the applicable IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. procedures.
C. The following restrictions which are mandated by law will be observed:
1. The obligation to pay fair share fee will not exceed apply to any certified staff who, on the amount basis of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on a bona fide religious grounds are excused from payment ▇▇▇▇▇ or teaching of a church or religious body of which such certified staff is a member, objects to the Association but must pay the amount payment of the a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment in behalf of the certified staff to a mutually agreeable non-religious charitable organization mutually agreed upon by the non-members as per Association policy and the Association. If the non-member Rules and the Association do not agree, the non-member will select a charity from the list developed by Regulations of the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision.
D. The Association, the Illinois Education Association agrees and the National Education Association agree to defend such action, at its own expense indemnify and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, save the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will which may arise out of or by reason of any action taken or omitted by the Association or the Board for the purpose of in complying with the above provisions of this clauseSection, including reimbursement for any legal fees or expenses incurred in connection therewith. The Board agrees to notify the Association promptly in writing of any written claim, demand, or suit in reliance on any listregard to which it will seek to implement the provisions of this Section, noticeand if the association so requests in writing, certificationto surrender claims, affidavitdemands, suits or assignment furnished under any such provisionsother forms of liability.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Each teacherBeginning with the 2013-2014 school year, employees in the Bargaining Unit represented by the Association, who are not members of the Association, shall be required to pay a fair share fee. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive bargaining representative, as a condition for his/her employmentprovided under Act 84 of 1988. The School District, on or before September 15 of each year, will provide the Association with a list of the names and addresses of all Bargaining Unit employees. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days from after the date of commencement hire. By November 15 of duties or the effective date of this Agreementeach year, whichever is later, will join the Association or pay a fair share fee to shall provide the Association which will be a proportionate amount District with the names of the dues required of members current employees who are nonmembers of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share Fair Share Fee, and a payment schedule for the deduction of the fee. The certification must Fair Share Fee cannot be written deducted from any nonmember prior to mid-January for those Noticed in December, and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given mid-April for those Noticed in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certificationFebruary. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member School District and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Boardagree to comply with all provisions of said law. In the event of If any legal action is brought against the Board, its members, officers, agents, and teachers brought in School District as a court or administrative agency because result of compliance with any actions it is requested to perform by the Association pursuant to this fair share provisionArticle, the Association agrees to defend such action, provide for the defense of the School District at its own the Association’s expense and through its own counsel, provided:
1counsel selected by the Association. Except in actions filed with The School District agrees to give the Illinois Labor Relations Board, the Board will give Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in writing to the defense of the case. If the School District does not fully cooperate with the Association, and permits any obligations of the Association intervention to provide a defense under this Article shall cease. The Association agrees in any action so defended, to indemnify and hold the School District harmless for any monetary damages the School District might be liable for as a party if consequence of its compliance with this Article; except that it so desires, and
2is expressly understood that this save harmless provision will not apply to any legal action which may arise as a result of any willful misconduct by the School District or as a result of the School District’s failure to properly perform its obligations under this Article. In any action, no matter where filed, All monies deducted by the Board School District will give full and complete cooperation be disbursed to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelson the same basis as other payroll deductions. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against If any and all claims, demands, actions, com- plaints, suits, provision or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions application of this clauseprovision is held to be contrary to law, that provision or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsapplication shall not be deemed valid except to the extent permitted by law.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherBargaining unit employees who are not members of the Chapter shall, as a condition for his/her of employment, on or before thirty commencing sixty (3060) days from the date of commencement of duties after employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or be required to pay a fair share fee to the Association which will Chapter for collective bargaining and contract administration rendered by the Chapter. Such fair share fee shall not exceed the full dues amount paid by members of the Chapter. The fair share fee shall be deducted by the Employer from the earnings of non-members and remitted to an address provided by the Chapter. The Chapter shall supply to the Employer a proportionate list of non- members and shall certify to the Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Chapter agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Chapter agrees to the following:
1. Give timely notice to fair share fee payers of the amount of the dues required of members fee and an explanation of the Associationbasis for the fee, including localthe major categories of expenses, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages as well as verification of the non- member in the same manner as the deductions are made for membersby an independent auditor.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this Advise fair share fee is for deferring payers of an expeditious and impartial decision-making process whereby fair share payers can object to the cost amount of services rendered the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by the Association fair share fee payers to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by It is hereby agreed that any dispute concerning the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required fee and/or the responsibilities of the Chapter with respect to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will payers as set forth above, shall not exceed be subject to the amount grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Chapter and any non-member shall be subject to resolution through any applicable procedures of dues normally charged to Association members.
2the Illinois State Labor Relations Board. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationChapter. If the non-member affected employee and the Association do not agreeChapter are unable to reach agreement on the organization, the non-member will select a charity organization shall be selected by the affected employee from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will Chapter shall indemnify, defend, defend and hold save the Village harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and for all legal costs that will shall arise out of any action taken or by reason of action not taken by the Board for the purpose of Village in complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsfair share article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join When membership in the Association is 90% or pay a fair share fee to the Association which will be a proportionate amount greater of the dues required of eligible members, the Penn Manor School District shall deduct from employees who are not members of the Association, including local, state, and national dues.
1. In Association an amount annually certified by the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct Association as the fair share fee from as permitted by the wages of the non- member Public Employee Fair Share Law (“Law”). Each nonmember in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered bargaining unit represented by the Association to non-members. These costs include, but are not limited to, under the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will Public Employee Relations Act shall be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made fee as provided by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1Law. The fair share fee will shall not exceed include any amount expended by the amount Association for partisan, political or ideological activities that is excluded by a body that has jurisdiction to exclude certain activities. Subject to the following, the Penn Manor School District and the Association agree to apply the provisions of dues normally charged the Law:
1 The Association agrees to Association membersextend to all nonmembers the opportunity to join the Association.
2. The 2 Non-members with bona fide religious objections to a fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to may direct the Association but must pay the amount of the fair share to contribute their agency fee to a non-religious charitable organization mutually agreed upon by charity. The Association’s escrow agent shall provide verification of said payment to any affected nonmember once the non-members and the Association. total agency fee obligation has been fully satisfied via payroll deduction.
3 If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action is brought against the Board, its members, officers, agents, and teachers brought in Penn Manor School District as a court or administrative agency because result of compliance with any actions it is required to perform by the Association pursuant to this fair share provisionSection, the Association agrees to defend such action, provide for the defense of the Penn Manor School District at its own the Association’s expense and through its own counsel, provided:counsel selected by the Association.
1. Except in actions filed with 4 The Penn Manor School District agrees to give the Illinois Labor Relations Board, the Board will give Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in writing to the defense of the case. If the Penn Manor School District does not fully cooperate with the Association, and permits any obligation of the Association intervention to provide a defense under this Section shall cease.
5 The Association agrees in any action so defended, to indemnify and hold the Penn Manor School District harmless for any monetary damages the Penn Manor School District might be liable for as a party if consequence of its compliance with this Section; except that it so desires, and
2. In is expressly understood that this save harmless provision will not apply to any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against legal action which may arise as a result of any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken willful misconduct by the Board for the purpose of complying with the above provisions of Penn Manor School District’s failure to properly perform its obligation under this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsSection.
Appears in 1 contract
Sources: Negotiated Agreement
Fair Share. Each teacherbargaining unit member, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will shall join the Association or pay a fair share fee to the Association which will shall be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. A. In the event that the teacher a bargaining unit member does not pay his/her fair share fee directly to the Association, the Board will shall deduct the fair share fee from the wages of the non- non-member in the same manner as the deductions are made for members.
2. B. Such fee will shall be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association willshall, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will bargaining unit member shall be required to pay the fee, nor will shall the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will shall be observed:
1. A. The fair share fee will shall not exceed the amount of dues normally charged to Association members.
2. B. The fair share fee will shall not include any costs or contributions related to elections or political purposes.
3. C. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will shall select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers bargaining unit members brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the A. The Board will shall give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. B. In any action, no matter where filed, the Board will shall give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will shall indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentemployees who are not members of the Union shall, on or before commencing thirty (30) days from the date of commencement of duties after their employment or thirty (30) days after the effective date of this AgreementAgreement or thirty (30) days after they have rescinded any dues authorization pursuant to Section 1 of this Article, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the dues required of members of the Associationemployees covered by said Agreement, including local, state, and national dues.
1. In the event that the teacher does not pay his/her provided fair share fee directly shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the Village from the earnings of non-members and remitted to the Association, Union at the Board will deduct same intervals as Union dues are remitted. The Union may change the amount of the fair share fee from at the wages same intervals as it may change the fixed, uniform amount of dues deducted under Section 1 of this Article, by giving the Village at least 30 days notice in writing of any change in the amount of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring to be deducted. The Union shall periodically submit to the cost Village a list of services rendered the employees covered by the Association to non-members. These costs include, but this Agreement who are not limited to, members of the negotiation Union and administration of this Agreement. The Association will, on a yearly basis, certify an affidavit which specifies the amount of the fair share fee. The certification must be written and signed amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member-only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the President United States Supreme Court in Chicago Teachers Union ▇.
1. Give timely notice to fair share fee payors of the Association amount of the fee and must include a financial breakdown an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same in accordance with applicable law.
2. Advise fair share fee payors of an expeditious and impartial decision-making process whereby fair share fee payors can object to the amount of the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payors to the amount of the fair share fee. No teacher will be required to pay It is specifically agreed that any dispute concerning the fee, nor will amount of the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed and/or the amount responsibilities of dues normally charged the Union with respect to Association members.
2. The fair share fee will payors as set forth above shall not include any costs or contributions related be subject to elections or political purposes.
3the grievance and arbitration procedure set forth in this Agreement. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationUnion. If the affected non-member and the Association do not agreeUnion are unable to reach agreement on the organization, the organization shall be selected by the affected non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssaid organization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherA. 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 said AGREEMENT. To this end, if a teacher does not join the Association, such teacher will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Association in the same manner as provided in Article Ill; or
2. Pay directly to the Association a condition for his/her employment, on like sum.
B. In the event such an authorization is not signed or before such payment is not made within thirty (30) days from following the date of commencement of duties employment of the teacher or the effective date of this AgreementAGREEMENT, whichever is later, will join the Association or pay a fair share fee to Board shall deduct such amount in equal payments from the Association which will be a proportionate amount regular salary check of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as provided in Article Ill.
C. The Association, the deductions are made for members.
2. Such fee will be paid Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Association Board harmless against any claim, demand, suit, or other form of liability which may arise by reason of any action taken by the Board no later than ten (10) days following in complying with the deduction. The purpose provisions of this fair share fee is for deferring Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the cost of services rendered Board's failure to comply with the obligation imposed upon it by this Section.
D. The Association shall annually certify to the Board the amount constituting each non-member employee's share, which amount must not exceed that permitted by the applicable law. Such certification shall be made in writing by the Association president and submitted to non-membersthe business office on September 1 of each year. These costs include, but are not limited to, In the negotiation and administration of this Agreement. The Association will, on event a yearly basis, certify teacher objects to the amount of such fee, the fair share feePEA shall place the objecting teacher's fees in a PEA or IELRB interest bearing account pending final determination on the appropriateness of the fee imposed. The certification must Such determination shall be written and signed made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the President IELRB. If the teacher and/or the Association are entitled to a refund, the teacher and/or the Association shall receive such refund plus any interest earned on the refund during pendency of the Association and must include action.
E. If a financial breakdown non-member teacher declares the right of the fair share fee. No non-association based upon bona fide religious tenets or teaching or a church or religious body, such teacher will shall be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify an amount equal to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair teacher's proportionate share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious nonreligious charitable organization mutually agreed upon by the non-members teacher and the Association. If the non-member teacher and the Association do not agreeare unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, Board in accordance with its members, officers, agents, and teachers brought rules.
F. These provisions shall be modified from time to time so that they shall always be in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense results and through its own counsel, provided:
1. Except in actions filed with regulations of the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsIELRB.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherbargaining unit member, as a condition for of his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will shall join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1Fair Share Fee as defined herein. In the event that the teacher such bargaining unit member does not pay his/her fair share fee Fair Share Fee directly to the AssociationAssociation by a certain date as established herein, the Board will shall deduct the fair share fee from the wages salary of each member of the non- member bargaining unit on contractual continued service a Fair Share Fee equal to the Association's costs as exclusive bargaining representative. The Association shall certify, in writing, each school year the same manner as annual amount of such Fair Share Fee. The Association shall not, under any circumstances, claim or establish a Fair Share in excess of the dues uniformly required of members, or fees for contribution related to the election or support of any candidate for political office. In addition to any other requirements of this provision, the Association shall in all ways comply with the rules of the IELRB, part 1125 "Fair Share Fee Objections." Fair Share Fees shall be deducted on a monthly basis. However, during the first year of this Agreement, Fair Share Fees shall be deducted in substantially equal installments for the months October through May, unless certification and notification is not completed in time for the October paychecks, in which case, the Fair Share deductions are made for members.
2shall commence with the first month thereafter. Such fee will fees shall be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose Board is expressly relieved of obligation for Fair Share Fees in the following instances: Insufficient earnings to cover deductions. The Employer agrees to provide the Association reasonable notice of such insufficient earnings. Unpaid Fair Share Fees where the District has complied with its deduction obligation under this fair share fee is for deferring the cost of services rendered provision. Teachers no longer employed by the Association District or teachers on unpaid leaves of absence. An amount equal to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document Fair Share Fee is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee paid to a non-religious charitable organization by those employees who object to such fees because of bona fide religious tenets or teachings of a church or religious body of which the employee is a member. The obligation to pay a Fair Share Fee will not apply to employees who object to payment of a Fair Share Fee to the Association, on the basis of bona fide religious tenets or teachings of a church or religious body of which such employee is a member, or a belief sincerely held with the strength of traditional religious views. Upon reasonable substantiation to the Association, and collection of the entire fee, the Association will make payment on behalf of the employee to a mutually agreed upon by the non-members agreeable non religious charitable organization as per Association policy and the Association. If the non-member rules and the Association do not agree, the non-member will select a charity from the list developed by regulations of the Illinois Educational Labor Relations Board. In The Association shall save, hold harmless and defend, through its own Counsel, the event District, the Board of any legal action against the BoardEducation, its members, past members, officers, agentsand employees from and against all claims or causes of action rising out of or connected with the Board's obligation for deduction of Fair Share Fees, and teachers brought shall pay all costs, attorneys' fees, damages, and other charges arising out of any such claim or cause of action, including, but in a court no way limited to those arising under the 1st and 14th Amendments of the Constitution of the United States. If the Association is complying with its obligation under this Section, then the Association shall have no further obligations with respect to attorneys' fees or administrative agency because of compliance other expenses, including attorneys' fees and expenses incurred by the Employer. If the Association fails to defend the Employer, in accordance with this fair share provisionSection, then the Employer shall have the right to do so, and may recover from the Association all costs and expenses, including attorneys' fees, relating to such claim or action. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any willful misconduct by the Board or the Board's imperfect execution of the express obligations imposed upon it by this Article. The Board of Education agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action or claim in writing to the Association, and permits permit the Association intervention as a party to intervene, if it so desires, and
2. In any action, no matter where filed, the The Board will shall give full and complete cooperation to the Association and its counsel in securing complying with reasonable requests to secure and giving give evidence, obtaining obtain witnesses, and making make relevant information available at to both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherA. All employees covered by this Agreement (except employees who were not Union members as of July 1, as a condition for his/her employment1985) who are not members of the Union shall, commencing on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement and continuing during the term of this Agreement, whichever is laterand so long as they remain non-members of the Union, will join pay to the Association or pay a Union each month their fair share fee of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. Fair share provisions shall apply to all employees who have been union members, but elect to discontinue membership. Deductions for fair share will commence after proper notification of the Board and membership, but will not be retroactive.
B. Such fair share payments by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Association Union, provided, however, that the Union shall submit to the Board an affidavit which will be a proportionate specifies the amount of constituting said fair share not exceeding the dues uniformly required of members of the AssociationUnion, and which describes the rationale and method by which the fair share was determined, including local, state, and national duesa list of the expenditures which were excluded in determining the fair share.
1. In C. Upon receipt of said affidavit the event that Board shall cooperate with the teacher does not pay his/her Union to ascertain the names of all employee non-members of the Union from whose earnings the fair share fee directly to the Association, the Board will deduct payments shall be deducted and their work locations.
D. The Union shall prepare a notice containing the fair share fee from the wages of the information specified in section (B) above, and advising that any non- member in the same manner as the deductions are made for members.
2. Such fee will be paid may object to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written fee by: (1) filing an unfair labor practice charge against the Union with the Illinois Educational Labor Relations Board and signed by the President serving a copy of the Association and must include a financial breakdown charge on the Union, as provided in the Rules of the fair share fee. No teacher will be required Labor Board, or (2) taking any other action available to pay them by law.
E. Upon the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In additionUnion's receipt of notice of an objector's invocation of any procedure described above, the Association will certify to the Board that "Notice of Fair Share" has been given Union shall deposit in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed an escrow account, separate from all other Union funds, the amount of dues normally charged to Association membersfee payments received on behalf of an objector or objectors that is fairly placed at issue by the objection(s). The Union shall furnish objectors and the Board with verification of the terms of the escrow arrangement and, upon request, the status of the fund as reported by the bank. The escrow fund will be established and maintained by a reputable independent bank or trust company, and the agreement, therefore, shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed funds be outside of the Union's control until the final disposition as provided for herein; and that the escrow fund will terminate and the fund therein be distributed only by the terms of an ultimate award, determination, or judgment, including any appeals, or by the terms of a mutually agreeable settlement between the Union and an objector or group of objectors.
2. The fair share fee will not include F. If an ultimate decision in any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay proceeding hereunder directs that the amount of the fair share fee to a non-religious charitable organization mutually agreed upon should be lower than the amount fixed by the non-members and the Association. If the non-member and the Association do not agreeUnion, the non-member will select a charity Union shall promptly adopt said determination and notify the Board to reduce deductions from the list developed by the Illinois Educational Labor Relations Board. In the event earnings of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees non- members to defend such action, at its own expense and through its own counsel, provided:said prescribed amount.
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. G. The Association will indemnify, defend, Union shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss includingliability, but not limited toincluding the costs of defense thereof, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clausearticle, or in reliance on any list, notice, certification, affidavit, or assignment reassignment furnished under any such provisions; or which might arise pertaining to the term of this Agreement. It is, therefore, understood that, in the event of any judicial or administrative proceeding involving this Article at which the appearance of the Board is necessary, or which requires the expenditure of any costs or fees by the Board, the Board may select counsel of its choosing, and the "cost of defense" includes the Board's reasonable attorney's fees, and the Union shall reimburse same to the Board.
H. Employees who object to payment of fair share amounts to the Union, based on bona fide religious tenets or teachings of a church or religious body of which such employees are members, are not required to make these fair share payments. Instead, such employees will be required to pay an amount equal to their proportionate share, determined under this Agreement, to a non- religious charitable organization mutually agreed upon by the objecting employee and the Union. If the employee and the Union are unable to reach an agreement on the matter, the Illinois Educational Labor Relations Board list of charitable organizations to which such payments may be made will be used for the employee to select a charitable organization as recipient of his/her payments.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentemployees who are not members of the Association shall, on or before commencing thirty (30) days from after their employment or thirty (30) days after the date last of commencement of duties or the effective date of parties signs this Agreement, whichever is later, will join the Association or be required to pay a fair share fee to the Association which for collective bargaining and contract administration services rendered by the Association. Such fair share fees will be a proportionate not exceed the full dues amount of the dues required of paid by members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her The fair share fee directly to shall be deducted by the Association, the Board will deduct the fair share fee Village from the wages earnings of the non- member nonmembers and remitted in the same manner and intervals as Association dues are deducted and remitted. The Association shall supply the deductions are made Village, a list of nonmembers and shall certify the fair share amounts to be deducted. Fair share amounts shall not include any contributions to the election or support of any candidate for memberspolitical office. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitution rights of fair share payers. Accordingly, the Association agrees to the following:
1) Give timely notice to fair share payers of the amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same by an independent auditor.
2. Such fee will be paid ) Advise fair share payers of an expeditious and impartial decision-making process whereby fair share payers can object to the Association by amount of the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring fee.
3) Place the cost amount reasonably in dispute into an escrow account pending resolution of services rendered any objections raised by the Association fair share payers to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by It is hereby agreed that any dispute concerning the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, fee and/or responsibilities of the Association will certify with respect to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will payers as set forth above, shall not exceed be subject to the amount of dues normally charged to Association members.
2grievance/arbitration procedures set forth in this Agreement. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the Association. If the non-member affected employee and the Association do not agreeare unable to reach agreement on the organization, the non-member will select a charity from the list developed organization shall be selected by the Illinois Educational Labor Relations Board. In the event employee from an approved list of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with charitable organizations established by the Illinois Labor Relations Board, Board and the Board will give immediate notice of such action in writing payment shall be made to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssaid organization.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentall employees covered by this Agreement who are not members of the PRTAA shall, on or before thirty commencing sixty (3060) days from the date of commencement of duties after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount PRTAA for the services rendered by the PRTAA in negotiating and administering this Agreement as the exclusive representative of the employees covered by this Agreement, provided that such fair share fee shall not exceed the PRTAA dues (including IEA and NEA dues) uniformly required of members of the Association, including local, state, and national dues.
1PRTAA. In the event that the teacher does not pay his/her Such fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will fees shall be paid to the Association deducted by the Board no later than ten (10) days following from the deductionearnings of non-members and remitted to the PRTAA. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify PRTAA shall annually submit to the Board that "Notice a list of Fair Share" has been given in accordance with the IELRB rules employees covered by this Agreement who are not members of the PRTAA and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions an affidavit which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay specified the amount of the fair share fee as defined above. The fair share fee collected from non-members shall not be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association with respect to fair share fee payors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall pay an amount equal to such fair share fee as defined above to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationPRTAA/IEA-NEA. If the affected non-member and the Association do not agreePRTAA/IEA-NEA are unable to reach agreement on the organization, the organization shall be selected by the affected non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will indemnify, defend, PRTAA/IEA-NEA shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, suits or other forms of liability (monetary or loss including, but not limited to, damages, attorneys' fees, and costs otherwise) that will arise out of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this clauseAgreement covering fair share or the deduction of Association dues, or in reliance on any list, notice, certification, affidavit, or assignment assignments furnished under any of such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherAll full-time and part-time employees covered by this Agreement who are not members of the ▇▇▇▇▇ Education Association, as a condition for his/her employment, commencing on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever or within sixty (60) days after their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the ▇▇▇▇▇ Education Association, shall pay to the ▇▇▇▇▇ Education Association, each month their fair share of the costs of the services rendered by the ▇▇▇▇▇ Education Association, that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the ▇▇▇▇▇ Education Association provided, however, that the ▇▇▇▇▇ Education Association shall submit to the Board, with a copy to each employee covered by this Agreement, an affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required of members of the ▇▇▇▇▇ Education Association and which describes the rationale and method by which the fair share was determined, including a list of the expenditures which were excluded in determining the fair share. Such affidavit shall be submitted annually to the Board not later than the start of the school term. Upon receipt of said affidavit, the Board shall provide information to the ▇▇▇▇▇ Education Association to assist the ▇▇▇▇▇ Education Association in ascertaining the names of all employee non-members of the ▇▇▇▇▇ Education Association from whose earnings the fair share payments shall be deducted and their work locations. The procedures employed for notice of, and objections to, fair share deductions shall be those established by the Educational Labor Relations Act115 ILCS 5/11 and by the Illinois Educational Labor Relations Board. Any teacher who, based upon bona fide tenets or teaching of a church or religious body of which such teacher is latera member, will join dissents from payment of the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will shall be required to pay the fee, nor will the Board be required an amount equal to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair his/her proportionate share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members teacher affected and the Association. If In the non-member and the Association do not agreeabsence of mutual agreement, the non-member will teacher may select a charity charitable organization from the a list developed established by the Illinois Educational Labor Relations Board. In If an ultimate decision in any proceeding hereunder directs that the event amount of any legal action against the Boardfair share fee should be lower than the amount fixed by the ▇▇▇▇▇ Education Association, its membersthe ▇▇▇▇▇ Education Association shall promptly adopt and comply with said decision, officers, agentsnotify the Board to reduce deductions from the earnings of non-members to said prescribed amount, and teachers brought in a court or administrative agency because of compliance otherwise comply with this fair share provision, the Association agrees said decision. The Board shall use its best efforts to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed comply with the Illinois Labor Relations Boardprovisions of this Section, the Board will give immediate notice of such action but shall not be liable for inadvertent errors or omissions in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsdoing so. The ▇▇▇▇▇ Education Association will indemnify, defend, shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, costs, losses, and expenses or other forms of liability or loss including, but not limited to, damages, the cost of defense thereof and attorneys' fees, and costs fees therewith in any manner resulting from or arising out of or connected with this Agreement or this Article or the consequences therefor or that will shall arise out of or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherAt the discretion of the Association, as any present Bargaining Unit Member who is not a condition dues paying member of the Association may be required by the Association to pay a fair share of the cost of the collective bargaining process and contract administration in pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of dues paying members. All Bargaining Unit Members hired on or after the effective date of this Agreement and who have not made application for his/her employmentmembership to the Association may, on or before after the thirtieth (30th) day of their hire, also be asked to pay a fair share as defined above. Upon request of Employer, Association shall provide Employer with all information reasonably requested for the purpose of determining whether the fair share amount is appropriate and does not include amounts for inappropriate expenses. The Employer shall in no way participate in the decisionmaking process as to whether the Association elects to require Bargaining Unit Members to pay any share amount. The Employer shall, upon request by the Association, with respect to any Bargaining Unit Member on whose behalf the Employer has not received a written authorization for dues deduction as provided for above, deduct from the wages of the employee the fair share financial obligation, including any retroactive amount due and owing, and shall forward said amount to the Association on the Tuesday following the issuance of pay from which the deduction is made, subject only to the following:
(a) The Association has certified to the Employer that the affected Bargaining Unit Member has been delinquent in his obligation for at least thirty (30) days;
(b) The Association has certified to the Employer that the affected Bargaining Unit Member has been notified in writing of the provisions of this Article and that the Bargaining Unit Member has been advised by the Association of his obligations pursuant to this Article and of the manner in which the Association has calculated the fair share fee;
(c) The Association has certified to the Employer that the affected Bargaining Unit Member has been given a reasonable opportunity of no less than thirty (30) days from to prepare and submit any objections to the date of commencement of duties or payment and has been afforded an opportunity to have said objections adjudicated before an impartial arbitrator assigned by the effective date of this Agreement, whichever is later, will join Bargaining Unit Member and the Association or pay a fair share fee to for the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring determining and resolving any objections the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object Bargaining Unit Member may have to the fair share fee fee;
(d) Upon objection by the Bargaining Unit Member based on bona fide bonafide religious grounds are excused from payment to the Association but must pay the amount of grounds, the fair share fee obligation may be paid to a non-religious charitable organization mutually agreed upon by The Backstoppers, Inc.; and,
(e) The Bargaining Unit Member has sufficient funds, after all other deductions, remaining in the non-members and Bargaining Unit Member’s paycheck from which the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsowed amount may be deducted.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherA. Commencing with the 1997-1998 school year any Paraeducator newly employed for the 1997-1998 school year, as any Paraeducator employed in the 1996-1997 school year who was a condition for member of the Association on December 1,1996, or who joined the Association after December 1, 1996, and after the commencement of the 1997-1998 school year, any newly employed Paraeducator who does not join the Association within twenty (20) days after their initial employment, shall pay to the Association annually his/her employmentfair share of the cost of the collective bargaining process and contract administration. Any Paraeducator who was not a member of the Association on December 1, on or before thirty (30) days from 1996, and any Paraeducator who was initially hired for the date 1996-1997 school year shall not be required to pay such fair share fee unless during the term of commencement of duties or the effective date of this Agreement, whichever is later, will their employment they voluntarily join the Association or pay a fair share fee and subsequently withdraw.
B. By September 1 of each year, the Association shall certify to the Association which will be a proportionate Board the amount of the fair share fee, not to exceed the dues uniformly required of members of the Association, including local, state, and national dues.
1shall supply the Board and the non- members a copy of the basis of the calculation of the fee. In If the event that the teacher does non-member Paraeducator has not pay his/her fair share fee directly made payment to the AssociationAssociation within twenty (20) days of the demand/ certification, the Board will commence to deduct the fair share fee payment from the wages earnings of the non- non-member in Paraeducator and pay it to the same manner as the deductions are made for membersAssociation.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to nonC. Non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members member Paraeducator who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee have the right to file objections pursuant to the internal procedures established by the Association for objecting to the amount of the fair share deduction. Additionally, non-member Paraeducator who object to the amount of the fair share fee has the right to file objections with the Illinois Educational Labor Relations Board (IELRB) pursuant to its rules and regulations. Upon any such filing and notice of objection, the parties shall place in an interest-bearing escrow account the amount of each objector's fair share payments made, and to be made, pending resolution of the charge. The parties shall maintain an escrow account during the pendency of the charge and any judicial review taken pursuant to the IELRB's rules.
D. If a non-member Paraeducator declares in writing to the Board and the Association the right of non-association based either upon bona fide religious tenets or teachings of a church or religious body of which the Support Staff is a member, such non-member shall be required to pay an amount equal to his or her proportionate fair share, as determined under this fair share agreement, to a non-religious charitable organization mutually agreed upon by the non-members non- member and the Association. If the non-member affected Paraeducator and the Association do not agreeare unable to reach an agreement on the matter, the non-member will Paraeducator shall select a charity charitable organization for receipt of the payment from the an approved list developed established by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, IELRB in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:rules.
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. E. The Association will indemnify, defend, shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees Employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, suits or other forms of liability or loss includingliability, but not limited to, damages, including attorneys' feesfees incurred, and costs that will shall arise out of or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this clauseSection, or in reliance on upon any list, notice, certification, affidavit, affidavit or assignment furnished under any of such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from All Employees covered by this Agreement who are not members of the date of commencement of duties or Union shall pay to the effective date of this Agreement, whichever is later, will join the Association or pay a Union their fair share fee of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. The Union shall certify to the Association which will be a proportionate Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Association, including local, stateUnion, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, shall supply the Board will deduct and the fair share fee from the wages non-members a copy of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount basis of the fair share calculation of the fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will Union shall further certify to the Board that "“Notice of Fair Share" ” has been given posted in accordance with the IELRB rules and regulations. No payroll deductions deduction of fair share fees will shall be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated Such fair share payments shall be deducted by law will the Board from the earnings of the non- member Employees, under the same time schedule as regular Union dues, and be observed:
1paid to the Union. The fair share fee will not exceed amount certified by the amount of dues normally charged to Association members.
2. The fair share fee will Union shall not include any costs or fees for contributions related to elections the election or support of any candidate for political purposes.
3office. The Nothing in this Section shall preclude the non-members who object to the member Employee from making voluntary political contributions in conjunction with his or her fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the payment. This fair share fee agreement shall safeguard the right of non-association of Employees based upon bonafide religious tenets or teaching of a church or religious body of which such Employees are members. Such Employees may be required to pay an amount equal to their fair share under this Agreement to a non-religious charitable organization mutually agreed upon by the non-members Employees affected and the Association. If the non-member and the Association do not agreeUnion, the non-member will select a charity or if no mutual agreement is reached, from the an approved list developed of charitable organizations established by the Illinois Educational Labor Relations Board. In Non-member Employees who object to the event amount of any legal action the fair share fee have the right to file an unfair labor practice charge against the BoardUnion pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations Act. The Union and the Board shall comply with the fair share rules of the IELRB. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees Employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss liability, including, but not limited to, damages, attorneys' ’ fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clauseSection, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of Teachers covered by this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of agreement and who are not currently members of the Association, including localand who do not join said Association, stateshall be required to pay their fair share of the collective bargaining process, contract administration and pursuing matters affecting wages, hours, and national dues.
1conditions of employment. The Association shall annually certify to the Board the amount constituting each member employee’s fair share. Such certification shall be made in writing by the Association president and submitted to the district office on September 1 of each year. In the event that the non-member teacher does not pay his/her fair share fee directly to the Association on or before thirty (30) days from the commencement of duties or the effective date of the Agreement, whichever is later, and upon notification by the Association, the Board will shall deduct the such fair share fee from the wages earnings of the non- non-member in the same manner as the deductions are made for members.
2. Such fee will be paid teacher and pay such amount to the Association by the Board on a date no later than ten (10) days following the such deduction. The purpose of this Such amount shall be deducted at a proportionate rate per pay period. A non-member teacher who pays such fair share fee is for deferring the cost of services rendered by shall be entitled, upon written request, to receive a refund from the Association that is equal in amount to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount portion of the fair share fee that otherwise would be expended for political activities unrelated to collective bargaining, contract administration, or grievance processing. If a non-member teacher declares the right of non-association based upon bonafide religious tenets or teaching of a church or religious body of which such teacher is a member, such teacher shall be required to pay an amount equal to his/her fair share to a non-religious charitable organization mutually agreed upon by the non-members teacher and the Association. If the non-member teacher and the Association do not agreeare unable to reach agreement on the matter, the non-member will teacher may select a charity charitable organization from the a list developed established and approved by the Illinois Educational Labor Relations Board. In , or in the event of any legal action against the Boardno such Board is convened, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken list shall be established by the Board for of Education and the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsAssociation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher1. All employees covered by this Agreement who are not members of the Federation, as a condition for his/her employment, commencing on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is lateror upon their initial employment, will join and continuing during the Association or pay a fair share fee to the Association which will be a proportionate amount term of the dues required of this Agreement, and so long as they remain non- members of the Association, including local, state, and national dues.
1. In Federation shall pay to the event that the teacher does not pay his/her Federation each month their fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in costs of the same manner as services rendered by the deductions Federation that are made for memberschargeable to non-members under state and federal law.
2. Such fee will fair share payment by non-members shall be paid to the Association deducted by the Board no later than ten (10) days following from the deduction. The purpose earnings of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs includemember employees and remitted to the Federation, but are not limited toprovided, however, that the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will Federation shall certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of a fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will amount not to exceed the amount dues uniformly required of dues normally charged to Association members.
2members in conformity with state law and Labor Board rules. The fair share fee Such certification will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee expressed in a dollar amount and as a percentage of regular Federation dues, the period for which it is assessed. A description of how the fair share fee was calculated, which includes the major categories of expenses incurred by the Federation during the most recent fiscal year, will be made available upon request to non-member employees.
3. The Board shall cooperate with the Federation to ascertain the names of all employee non-members of the Federation from whose earnings the fair share payments shall be deducted, their work locations, and available space to post a notice concerning fair share.
4. The Federation shall cause to be posted a notice concerning their fair share fee information in accordance with the Illinois Educational Labor Relations Act and rules of the Illinois Educational Labor Relations Board.
5. The parties expressly recognize the right of an employee to challenge the amount of the fair share fee through IELRB proceedings. Upon receipt of formal notice of an objection or unfair labor practice charge to the Labor Board, the Federation and the Board, hereby, agree to comply with Labor Board rules. The Board shall forward the objector’s fee or portion of the objector’s fee being contested to the Labor Board to be placed in an escrow account pending a decision by the IELRB and any administrative or judicial review thereof; or otherwise pending a mutually agreeable settlement between the Federation and the objector(s). If the employee is entitled to a refund, the employee shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to IELRB procedures.
6. Upon adoption of any Federation internal procedure to review challenges and appeals to its fair share fees, the Federation shall supply the Board with a copy. In addition, the Federation shall advise the Board of subsequent changes therein.
7. The parties expressly recognize their obligations to and the rights of nonmembers based upon their bona fide religious tenets or teachings of a church or religious body as provided in Section 11 of the Illinois Educational Labor Relations Act. If a nonmember employee declares the right of non-association based upon bona fide religious tenets or teachings of a church or religious body of which the employee is a member, such employee shall be required to pay an amount equal to his or her proportionate share to a nonreligious charitable organization mutually agreed upon by the non-members employee and the AssociationFederation. If the non-member employee and the Association do not agreeFederation are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, IELRB in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:rules.
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels8. The Association will indemnify, defend, Federation shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, judgments, administrative decisions, or other forms of liability (monetary or loss otherwise), including, but not limited to, damages, attorneys' attorney fees, court costs and costs interest that will shall arise out of or by reason of any action taken or not taken by the Board for the purpose purposes of complying with any of the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, assignment or assignment other information furnished under any of such provisions. If an improper deduction is made and remitted to the Federation, then the Federation shall promptly refund any excess amount directly to the employee involved. The Board will notify the Federation of any written claim, demand, or suit arising from this section.
9. This Article shall in no way be construed to abridge or waive any of the rights, privileges, or protections of non-member employees as provided under applicable state and federal law. All procedures, rights, privileges, and protections contained in this article are established in addition those established by state, federal, and other applicable law. The parties recognize and agree to abide by all state, federal, and other applicable law regarding fair share fees; regardless of whether they, or any language or provision therein, are specifically referenced in this Article.
10. If during the term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Federation and the Board agree to convene negations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, as A. If an employee does not join the Association or execute a condition for his/her employment, on or before dues deduction authorization within thirty (30) calendar days from the date of after commencement of duties or the effective date of this Agreement, whichever is later, will join the Board shall deduct a sum equivalent to the proportionate share of the costs of the services rendered by the Association or pay a for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent in equal payments from the regular salary of the employee in the same manner as it deducts dues for members of the Association provided:
1. 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
2. The Association has annually certified in writing to the Association which will be a proportionate Board the amount of such fair share fee and has annually certified in writing to the Board that such notice has been posted.
3. The amount certified by the Association shall be equivalent to the amount of dues uniformly required of members of the Associationmembers, including local, state, and national dues, but shall exclude any fees for contributions related to the election or support of any candidate for political office.
1. In the event that the teacher does not pay his/her B. The Board shall begin such fair share fee directly to deduction no earlier than fourteen (14) calendar days (or such later period as required by the Association, the Board will deduct the fair share fee from the wages Rules and Regulations of the non- member IELRB) after certification by the Association as described in the same manner as the deductions are made for members.
2paragraph A of this Section. Such fee will shall be paid to the Association by the Board no later than ten five (105) calendar days following the deduction. next regular payroll.
C. The purpose Association, the Illinois Education Association, and the National Education Association agree to defend, indemnify, and save the Board harmless against any claims, demands, suits, or other forms of this fair share fee is for deferring the cost liability which may arise by reason of services rendered any action taken by the Association to non-members. These costs include, but are not limited to, or the negotiation and administration Board in complying with the provisions of this Agreement. The Association will, on a yearly basis, certify Section.
D. In the event an employee objects to the amount of such fee, the fair share feeBoard shall continue to deduct the fee and the Board shall transmit the fee to the IELRB which shall hold the fee in escrow in an account established for that purpose. The certification must be written and signed by Board shall continue to transmit such fee to the President IELRB until further order of the Association and must include IELRB.
E. If a financial breakdown non-member employee declares the right of the fair share fee. No teacher will non-association based upon bona fide religious tenets or teachings of a church or religious body of which such employee is a member, such employee shall be required to pay the fee, nor will the Board be required an amount equal to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to uniformly required of Association members.
2. The fair share fee will not include , including local, state, and national dues, but excluding any costs or contributions related to elections or fees for political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee contributions, to a non-religious charitable organization mutually agreed upon by the non-members employee and the Association. If the non-member employee and the Association do not agreeare unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, board in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsrules.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherBargaining unit employees who are not members of the Association shall, as a condition for his/her of employment, on or before thirty commencing sixty (3060) days from the date of commencement of duties after employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or be required to pay a fair share fee to the Association which will be a proportionate for collective bargaining and contract administration rendered by the Association. Such fair share fee shall not exceed the full dues amount of the dues required of paid by members of the Association. The fair share fee shall be deducted by the Employer from the earnings of non- members and remitted to an address provided by the Association. The Association shall supply to the Employer a list of non-members and shall certify to the Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, including local106 U.S. 1066 (1986), statewith respect to the constitutional rights of fair share payers. Accordingly, and national dues.the Association agrees to the following:
1. In the event that the teacher does not pay his/her Give timely notice to fair share fee directly to the Association, the Board will deduct the fair share fee from the wages payers of the non- member in amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same manner as the deductions are made for membersby an independent auditor.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this Advise fair share fee is for deferring payers of an expeditious and impartial decision-making process whereby fair share payers can object to the cost amount of services rendered the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by the Association fair share fee payers to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by It is hereby agreed that any dispute concerning the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required to pay fee and/or the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, responsibilities of the Association will certify with respect to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will payers as set forth above, shall not exceed be subject to the amount grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Association and any non-member shall be subject to resolution through any applicable procedures of dues normally charged to Association members.
2the Illinois State Labor Relations Board. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the Association. If the non-member affected employee and the Association do not agreeare unable to reach agreement on the organization, the non-member will select a charity organization shall be selected by the affected employee from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will shall indemnify, defend, defend and hold save the Village harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and and-for all legal costs that will shall arise out of any action taken or by reason of action not taken by the Board for the purpose of Village in complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsfair share article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, as a condition for his/her employment, on or before thirty (30) days A. The Board shall deduct from the date pay of commencement members of duties the bargaining unit who elect not to become or to remain members of the effective date of this AgreementSandusky Non- Teaching Employees Association, whichever is later, will join the Association or pay 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 which will be a proportionate Association’s work in the realm of collective bargaining.
B. Notice of the amount of the annual fair share fee, which shall not be more than 100% of the unified dues required of members of the Association, including local, stateshall 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 national duesthe Board agrees to promptly transmit all amounts deducted to the Association.
1. In C. Payroll deduction of such fair share fees shall begin at the event that first payroll on or after January 15th.
D. The Superintendent or designee of the teacher does not pay his/her Board shall notify the Association Treasurer within five (5) calendar days of any bargaining unit member’s termination, non-renewal, leave of absence, or any other change in the employment relationship between the bargaining unit member and the Board.
E. The Board further agrees to accompany each such transmittal with a list of the names of the bargaining unit members for whom all such fair share fee directly deductions were made, the period covered, and the amounts deducted for each.
F. The Association represents to the AssociationBoard that an internal rebate procedure has been established in accordance with Section 4117.09 (C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio.
G. Upon timely demand, non-members may apply to the Board will deduct Association for an advance reduction/rebate of the fair share fee from pursuant to the wages internal procedure adopted by the Association.
H. The Association on behalf of itself and the OEA and NEA agrees to indemnify the Board for any cost or liability incurred as a result of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose implementation and enforcement of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observedprovision provided that:
1. The fair share fee will not exceed Board shall give a ten (10) day written notice of any claim made or action filed against the amount of dues normally charged to Association members.employer by a non-member for which indemnification may be claimed:
2. The fair share fee will not include any costs or contributions related Association shall reserve the right to elections or political purposes.designate counsel to represent and defend the employer;
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association Board agrees to defend such action, at its own expense and through its own counsel, provided:
to: (1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will ) 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 part if it so desires, and/or (3) to not oppose the Association or its affiliates’ application to file briefs amicus curiae in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsthe action;
4. The Association will indemnifyBoard acted in good faith compliance with the fair share fee provision of this Agreement; however, defend, and hold harmless there shall be no indemnification of the Board, its members, officers, agents, and employees from and Board if the Board intentionally or willfully fails to apply (except due to court order) or misapplies such fair share fee provision herein.
5. Fee payers shall not be entitled to use the grievance procedure or bring action against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for collecting the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsfair share fee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherbargaining unit member, as a condition for of his/her employment, who has not authorized dues deduction on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreementagreement, whichever is later, will join the Association or shall pay a fair share fee to the Association which will be a proportionate equivalent to the amount of the dues uniformly required of members of the Association, association including local, state, state and national dues.
1. In the event that the teacher bargaining unit member does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, upon written notice from the Association the Board will shall deduct the fair share fee from the wages of the non- non-member in on the same manner basis as dues are deducted from the deductions are made for members.
2. Such The Board shall pay such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose Annually, no later than the opening of the school term, the Association shall certify the amount of this fair share fee is which fee may not include any fees for deferring contributions related to the cost election of services rendered by support of any candidates for political office, nor may such fair share fees exceed the dues uniformly required of Association to non-members. These costs include, but are not limited to, the negotiation and administration Any teacher who based upon bona fide tenets or teaching of this Agreement. The Association will, on a yearly basis, certify the amount church or a religious body of which such teacher is a member dissents from payment of the fair share fee. The certification must be written and signed by the President of to the Association and must include a financial breakdown of the fair share fee. No teacher will shall be required to pay the fee, nor will the Board be required an amount equal to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair his/her proportionate share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members teacher affected and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers Board brought in a court or administrative agency because of the Board’s compliance with this fair share provisionsection, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the The Board will give gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the The Board will give gives full and complete cooperation to the Association association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any action so defended, it will indemnify, defend, indemnify and hold harmless the BoardBoard from any liability for damages, its members, officers, agents, attorney’s fees and employees from and against any and all claims, demands, actions, com- plaints, suitscosts imposed by, or incurred as a result of, a final judgment of a court or administrative agency, or a settlement as a direct consequence of the Board’s compliance with this section. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will which may arise out as a result of or by reason any type of action taken willful misconduct by the Board for or the purpose Board’s negligent execution of complying with the above provisions of obligations imposed upon it by this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssection.
Appears in 1 contract
Sources: Professional Negotiations Agreement
Fair Share. Each teacherBargaining unit employees who are not members of the Chapter shall, as a condition for his/her of employment, on or before thirty commencing sixty (3060) days from the date of commencement of duties after employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or be required to pay a fair share fee to the Association which will Chapter for collective bargaining and contract administration rendered by the Chapter. Such fair share fee shall not exceed the full dues amount paid by members of the Chapter. The fair share fee shall be deducted by the Employer from the earnings of non-members and remitted to an address provided by the Chapter. The Chapter shall supply to the Employer a proportionate list of non-members and shall certify to the Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Chapter agrees to assume full responsibility to insure full compliance with the requirements laid down by he United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Chapter agrees to the following:
1. Give timely notice to fair share fee payers of the amount of the dues required of members fee and an explanation of the Associationbasis for the fee, including localthe major categories of expenses, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages as well as verification of the non- member in the same manner as the deductions are made for membersby an independent auditor.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this Advise fair share fee is for deferring payers of an expeditious and impartial decision-making process whereby fair share payers can object to the cost amount of services rendered the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by the Association fair share fee payers to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by It is hereby agreed that any dispute concerning the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required fee and/or the responsibilities of the Chapter with respect to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will payers as set forth above, shall not exceed be subject to the amount grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Chapter and any non-member shall be subject to resolution through any applicable procedures of dues normally charged to Association members.
2the Illinois State Labor Relations Board. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationChapter. If the non-member affected employee and the Association do not agreeChapter are unable to reach agreement on the organization, the non-member will select a charity organization shall be selected by the affected employee from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will Chapter shall indemnify, defend, defend and hold save the Village harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and for all legal costs that will shall arise out of any action taken or by reason of action not taken by the Board for the purpose of Village in complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsfair share article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherDuring the term of this Agreement, as a condition for his/her employmentsubject to the provisions of this section, on or before thirty non-probationary employees who are not members of the Union shall, commencing seven (307) days from the date of commencement of duties or after the effective date of this AgreementAgreement or seven (7) days after the successful completion of their probationary period, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, Union for collective bargaining and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of contract administration services rendered by the Association Union as the exclusive representative of the employees covered by this Agreement, provided said fair share fees shall not exceed eighty-five percent (85%) of the regular monthly dues charged to members of the Union. Such fair share fees shall be deducted by the Village from the earnings of non-membersmembers and remitted to the Union with the same frequency and in the same fashion as dues payments. These costs include, but The Union periodically shall submit to the Village a list of the employees covered by this Agreement who are not limited tomembers of the Union and an affidavit, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify which specifies the amount of the fair share fee. The certification must be written and signed by the President amount of the Association and must fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member-only benefit. The fair share fee should be uniform for each employee subject to the obligation to pay a financial breakdown fair share fee. The Union may change the fixed uniform dollar amount that will be considered the regular monthly fair share fee once each year during the life of this Agreement. The Union will give the Village thirty (30) days’ notice of any such change in the amount of the fair share fee. No teacher will be required The Union agrees to pay assume complete responsibility for ensuring full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitutional rights of fair share fee payers. Accordingly, the Union agrees to do the following:
a) Give timely notice to fair share fee payers of the amount of the fee and an explanation of the basis for the fee, nor will including the Board be required to deduct the feemajor categories of expenses, until the certification document is submitted. In addition, the Association will certify as well as verification of same by an independent auditor.
b) Advise fair share fee payers of an expeditious and impartial decision-making process whereby fair share fee payers can object to the amount of the fair share fee. The procedure established by the Illinois State Labor Relations Board that "Notice of Fair Share" has been given in accordance with is hereby declared to be the IELRB rules and regulations. No payroll deductions preferred procedure for resolution of fair share fees will be made fee objections.
c) Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed payers to the amount of dues normally charged to Association members.
2the fair share fee. The It is specifically agreed that any dispute concerning the amount of the fair share fee will and/or the responsibilities of the Union with respect to fair share fee payers as set forth above shall not include any costs or contributions related be subject to elections or political purposes.
3the grievance and arbitration procedure set forth in this Agreement. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationUnion. If the affected non- member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non-member and the Association do not agree, the non-member will select a charity from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssaid organization.
Appears in 1 contract
Sources: Memorandum of Agreement
Fair Share. Each teacherAll teachers covered by this Agreement who are not members of the Union shall, as a condition for his/her commencing sixty (60) days after their employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join and continuing during the Association or term of this Agreement, and so long as they remain non-members of the Union, pay a to the Union their fair share fee of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. The Union shall certify to the Association which will be a proportionate Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Association, including local, stateUnion, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, shall supply the Board will deduct and the fair share fee from the wages non-members a copy of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount basis of the fair share calculation of the fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will Union shall further certify to the Board that "“Notice of Fair Share" ” has been given posted in accordance with the IELRB rules and regulations. No payroll deductions deduction of fair share fees will shall be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated Such fair share payments shall be deducted by law will the Board from the earnings of the non-member teachers and be observed:
1paid to the Union. The fair share fee will not exceed amount certified by the amount of dues normally charged to Association members.
2. The fair share fee will Union shall not include any costs or fees for contributions related to elections the election or support of any candidate for political purposes.
3office. The Nothing in this Section shall preclude the non-members who object to the member employee from making voluntary political contributions in conjunction with his or her fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the payment. This fair share fee agreement shall safeguard the right of non- association of teachers based upon bonafide religious tenets or teaching of a church or religious body of which such teachers are members. Such teachers may be required to pay an amount equal to their fair share under this Agreement to a non-religious charitable organization mutually agreed upon by the non-members teachers affected and the Association. If the non-member and the Association do not agreeUnion, the non-member will select a charity or if no mutual agreement is reached, from the an approved list developed of charitable organizations established by the Illinois Educational Labor Relations Rela- tions Board. In Non-member teachers who object to the event amount of any legal action the fair share fee have the right to file an unfair labor practice charge against the BoardUnion pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations Act. Additionally, its members, officers, agents, and non-member teachers brought in a court or administrative agency because who object to the amount of compliance with this the fair share provisionfee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the Association agrees filing of such objection pursuant to defend the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such actionfiling, at its own expense pursuant to said internal procedures and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the AssociationUnion, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and permits to be made pending resolution of the Association intervention as a party if charge, which is fairly placed at issue by the objection or objections, and it so desires, and
2. In shall maintain the escrow account during the pendency of the charge and any action, no matter where filed, the Board will give full and complete cooperation judicial review pursuant to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsAct. The Association will indemnify, defend, Union shall indemnify and hold harmless the BoardBoard of Education, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss liability, including, but not limited to, damages, attorneys' ’ fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherAdjunct faculty members covered by this Agreement who are not members of the South Suburban College Adjunct Faculty Association, a Chapter of the Cook County College Teachers Union (hereinafter referred to as a condition for his/her employmentthe “Association”), shall, commencing on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is laterand continuing during the term of this Agreement, will join and so long as they remain non-members of the Association, pay a fair share payment to the Association for services rendered as the exclusive representative of the employees covered by this Agreement. Such proportionate share payments shall be deducted by the Board from the earnings of the nonmember and paid to the Cook County College Teachers Union (CCCTU). The Treasurer of the CCCTU shall submit to the Board an affidavit which specifies the amount which constitutes said proportionate share which shall not exceed the dues uniformly required of members of the Association and a general description of theservices provided as well as a breakdown of the per capita dues. The amount of dues certified by the CCCTU shall not include any fees for contributions related to the election or support of any candidate for political office or member only benefit. Non-members who protest this fair share payment upon bona fide religious tenets or teachings of a church or religious body shall pay a an amount equal to such fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs South Suburban College Foundation or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the Association. If the affected non-member and the Association do not agreeare unable to reach agreement on the organization, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations BoardBoard may establish an approved list of charitable organizations to which the payment may be made. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice The affected non-member must provide proof of such action in writing payment to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelsCCCTU. The Association will indemnify, defend, CCCTU shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, suits or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clauseARTICLE, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher All employees covered by this Agreement who are not members of the Custodial/Maintenance Association, as a condition for his/her or upon their initial employment, on or before thirty (30) days from and continuing during the date of commencement of duties or the effective date term of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of and so long as they remain non-members of the Association, including local, state, and national dues.
1. In shall pay to the event that the teacher does not pay his/her Custodial/ Maintenance Association each month their fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in costs of the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association that are chargeable to non-members. These costs includemembers under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Custodial/Maintenance Association provided, but are however, that the association shall submit to the Board an affidavit which specifies the amount constituting said fair share not limited toexceeding the dues uniformly required of the members of the Custodial/Maintenance Association. Upon receipt of said affidavit the Board shall cooperate with the Custodial/Maintenance Association to ascertain the names of all employee non-members of the Custodial/Maintenance Association from whose earnings the fair share payments shall be deducted, their work locations and available space to post a notice concerning fair share. The Oswego Custodial/Maintenance Association (OCMA) shall cause to be posted a notice continuing the negotiation fair share fee information specified above and administration of this Agreement. The Association will, on a yearly basis, certify advising that any non-member may object to the amount of the fair share fee. The certification must be written and signed fee by the President of the Association and must include filing a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include objection. If an ultimate decision in any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay proceeding hereunder directs that the amount of the fair share fee to a non-religious charitable organization mutually agreed upon should be lower than the amount fixed by the Custodial/Maintenance Association, the Custodial/Maintenance Association shall promptly adopt said determination and notify the Board and reduce deductions from the earnings of non-members and the Association. If the non-member and the to said prescribed amount. The Oswego Custodial/Maintenance Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will shall arise out of or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.provision. If during the term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of the Article void or not enforceable, the Custodial/Maintenance Association and Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or ruling of said Labor Board or court. Any OCMA member objecting to the Fair Share fee based upon bonafide religious tenets or teaching of a church or religious body of which such employee is a member shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the OCMA member and the Custodial/Maintenance Association, or in the absence of such agreement, to an organization on the approved list of charitable organizations established by the Illinois Educational Labor Relations Board. Authorization (Sample) I hereby authorize the Board of Education of Oswego Community Unit District 308 to deduct the approved annual dues for the NEA, IEA, and OCMA from my salary. The annual amount to be deducted will be the then current annual dues rate, and equal deductions will be made from each of my paychecks; however, since paychecks are issued 24 times per year, this initial deduction must occur on an odd-numbered distribution period following receipt of the authorization. In the event that I resign from the employment of the Board, or request a leave of absence from the Board prior to termination of the current authorization, the Board shall deduct the unpaid portion from my final paycheck. If final paycheck does not cover the unpaid balance, the OCMA shall be held liable. OCMA Member Signature
Appears in 1 contract
Sources: Professional Services
Fair Share. Each teacherBargaining unit employees who are not members of the Association shall, as a condition for his/her of employment, on or before thirty commencing sixty (3060) days from the date of commencement of duties after employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or be required to pay a fair share fee to the Association which will be a proportionate for collective bargaining and contract administration rendered by the Association. Such fair share fee shall not exceed the full dues amount of the dues required of paid by members of the Association. The fair share fee shall be deducted by the Employer from the earnings of non- members and remitted to an address provided by the Association. The Association shall supply to the Employer a list of non-members and shall certify to the Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, including local▇▇▇ ▇.▇. ▇▇▇▇ (1986), statewith respect to the constitutional rights of fair share payers. Accordingly, and national dues.the Association agrees to the following:
1. In the event that the teacher does not pay his/her Give timely notice to fair share fee directly to the Association, the Board will deduct the fair share fee from the wages payers of the non- member in amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same manner as the deductions are made for membersby an independent auditor.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this Advise fair share fee is for deferring payers of an expeditious and impartial decision-making process whereby fair share payers can object to the cost amount of services rendered the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by the Association fair share fee payers to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by It is hereby agreed that any dispute concerning the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required to pay fee and/or the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, responsibilities of the Association will certify with respect to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will payers as set forth above, shall not exceed be subject to the amount grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Association and any non-member shall be subject to resolution through any applicable procedures of dues normally charged to Association members.
2the Illinois State Labor Relations Board. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the Association. If the non-member affected employee and the Association do not agreeare unable to reach agreement on the organization, the non-member will select a charity organization shall be selected by the affected employee from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will shall indemnify, defend, defend and hold save the Village harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and and-for all legal costs that will shall arise out of any action taken or by reason of action not taken by the Board for the purpose of Village in complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsfair share article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher1. All employees covered by this Agreement who are not members of the Federation, as a condition for his/her employment, commencing on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is lateror upon their initial employment, will join and continuing during the Association or pay a fair share fee to the Association which will be a proportionate amount term of the dues required of this Agreement, and so long as they remain non- members of the Association, including local, state, and national dues.
1. In Federation shall pay to the event that the teacher does not pay his/her Federation each month their fair share fee directly to the Association, the Board will deduct the fair share fee from the wages of the non- member in costs of the same manner as services rendered by the deductions Federation that are made for memberschargeable to non-members under state and federal law.
2. Such fee will fair share payment by non-members shall be paid to the Association deducted by the Board no later than ten (10) days following from the deduction. The purpose earnings of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs includemember employees and remitted to the Federation, but are not limited toprovided, however, that the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will Federation shall certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of a fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will amount not to exceed the amount dues uniformly required of dues normally charged to Association members.
2members in conformity with state law and Labor Board rules. The fair share fee Such certification will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee expressed in a dollar amount and as a percentage of regular Federation dues, the period for which it is assessed. A description of how the fair share fee was calculated, which includes the major categories of expenses incurred by the Federation during the most recent fiscal year, will be made available upon request to non-member employees.
3. The Board shall cooperate with the Federation to ascertain the names of all employee non-members of the Federation from whose earnings the fair share payments shall be deducted, their work locations, and available space to post a notice concerning fair share.
4. The Federation shall cause to be posted a notice concerning their fair share fee information in accordance with the Illinois Educational Labor Relations Act and rules of the Illinois Educational Labor Relations Board.
5. The parties expressly recognize the right of an employee to challenge the amount of the fair share fee through IELRB proceedings. Upon receipt of formal notice of an objection or unfair labor practice charge to the Labor Board, the Federation and the Board, hereby, agree to comply with Labor Board rules. The Board shall forward the objector’s fee or portion of the objector’s fee being contested to the Labor Board to be placed in an escrow account pending a decision by the IELRB and any administrative or judicial review thereof; or otherwise pending a mutually agreeable settlement between the Federation and the objector(s). If the employee is entitled to a refund, the employee shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to IELRB procedures.
6. Upon adoption of any Federation internal procedure to review challenges and appeals to its fair share fees, the Federation shall supply the Board with a copy. In addition, the Federation shall advise the Board of subsequent changes therein.
7. The parties expressly recognize their obligations to and the rights of nonmembers based upon their bona fide religious tenets or teachings of a church or religious body as provided in Section 11 of the Illinois Educational Labor Relations Act. If a nonmember employee declares the right of non-association based upon bona fide religious tenets or teachings of a church or religious body of which the employee is a member, such employee shall be required to pay an amount equal to his or her proportionate share to a nonreligious charitable organization mutually agreed upon by the non-members employee and the AssociationFederation. If the non-member employee and the Association do not agreeFederation are unable to reach agreement on the matter, the non-member will select a charity charitable organization shall be selected from the a list developed established and approved by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, IELRB in accordance with its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:rules.
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels8. The Association will indemnify, defend, Federation shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaintscomplaints, suits, judgments, administrative decisions, or other forms of liability (monetary or loss otherwise), including, but not limited to, damages, attorneys' attorney fees, court costs and costs interest that will shall arise out of or by reason of any action taken or not taken by the Board for the purpose purposes of complying with any of the above provisions of this clauseArticle, or in reliance on any list, notice, certification, affidavit, assignment or assignment other information furnished under any of such provisions. If an improper deduction is made and remitted to the Federation, then the Federation shall promptly refund any excess amount directly to the employee involved. The Board will notify the Federation of any written claim, demand, or suit arising from this section.
9. This Article shall in no way be construed to abridge or waive any of the rights, privileges, or protections of non-member employees as provided under applicable state and federal law. All procedures, rights, privileges, and protections contained in this article are established in addition those established by state, federal, and other applicable law. The parties recognize and agree to abide by all state, federal, and other applicable law regarding fair share fees; regardless of whether they, or any language or provision therein, are specifically referenced in this Article.
10. If during the term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Federation and the Board
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, as Employee who is not a condition for his/her employment, on or before member of the Association following thirty (30) days from of initial employment in the date bargaining unit, shall either voluntarily become a member of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly of the costs of services rendered by the Association. The Association shall certify to the Association, employer in writing and deliver to the Board will deduct employer for posting on bulletin boards used for employee notices the fair share fee from the wages amount of the non- member Fair Share fee calculated in accordance with the same manner as Illinois Educational Labor Relations Act and applicable regulations of the deductions are made for members.
2Illinois Educational Labor Relations Board. Such The Board shall pay the fee will be paid to the Association by the Board no later than ten (10) calendar days following the deduction. The purpose Association shall deliver notices to the employer for Employees new to the bargaining unit describing the obligation of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs includepreceding paragraph, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share feeFair Share fee for delivery to the new employee by the employer. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board be required obligation to deduct the fee, Fair Share fee shall not commence until the certification document is submitted. In additionrequirements of this paragraph have been met, and the Association will certify to the Board that "Notice of Fair Share" new employee has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until received at least fourteen (14) days after such certificationcalendar days’ notice of the Fair Share fee. The following restrictions which are mandated by law will be observed:
1. The fair share obligation to pay a Fair Share fee to the Association will not exceed apply to any Employee who, on the amount basis of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on a bona fide religious grounds are excused from ▇▇▇▇▇ or teaching of the church or a religious body of which such Employee is a member, objects to the payment of a Fair Share fee to the Association but must pay and who files a written objection in the amount manner prescribed by the IELRB. In the event that a non-member of the fair share fee Association files the religious objection and a collection is made of the Fair Share fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization mutually agreed upon organization. In the event that an objection is filed with the IELRB concerning Fair Share by a nonmember during the non-members term of this agreement, the Board shall continue to deduct the Fair Share fee from the objecting Employee’s pay, but shall transmit the portion of said fee objected to the IELRB which shall hold the fee in escrow. The IELRB shall investigate and consider the Fair Share fee objections and determine the amounts to be apportioned to the nonmember and to the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action or unfair labor practice charge against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because before the IELRB, by the reason of compliance any action taken by the Board in complying with the provisions of this fair share provisionarticle (Fair Share), the Association agrees to defend such action, at its own expense indemnify and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, hold harmless the Board will from any liability, including attorney’s fees, provided such liability did not arise from willful misconduct. The Board agrees to give immediate the Association timely notice of such any legal action specified in writing to the Association, and permits the Association intervention as a party if it so desires, and
2this section. In any action, no matter where filed, the The Board will give full and complete cooperation to cooperate 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. The Association will indemnifyto said parties, defend, and hold harmless if legal action occurs against the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsAssociation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherBargaining unit employees who are not members of the Chapter shall, as a condition for his/her of employment, on or before thirty commencing sixty (3060) days from the date of commencement of duties after employment or sixty (60) days after the effective date of this Agreement, whichever is later, will join the Association or be required to pay a fair share fee to the Association which will Chapter for collective bargaining and contract administration rendered by the Chapter. Such fair share fee shall not exceed the full dues amount paid by members of the Chapter. The fair share fee shall be deducted by the Employer from the earnings of non-members and remitted to an address provided by the Chapter. The Chapter shall supply to the Employer a proportionate list of non- members and shall certify to the Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Chapter agrees to assume full responsibility to insure full compliance with the requirements laid down by he United States Supreme Court in Chicago Teachers Union ▇. ▇▇▇▇▇▇, ▇▇▇ ▇.▇. ▇▇▇▇ (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Chapter agrees to the following:
1. Give timely notice to fair share fee payers of the amount of the dues required of members fee and an explanation of the Associationbasis for the fee, including localthe major categories of expenses, state, and national dues.
1. In the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct the fair share fee from the wages as well as verification of the non- member in the same manner as the deductions are made for membersby an independent auditor.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this Advise fair share fee is for deferring payers of an expeditious and impartial decision-making process whereby fair share payers can object to the cost amount of services rendered the fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by the Association fair share fee payers to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by It is hereby agreed that any dispute concerning the President of the Association and must include a financial breakdown amount of the fair share fee. No teacher will be required fee and/or the responsibilities of the Chapter with respect to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will payers as set forth above, shall not exceed be subject to the amount grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Chapter and any non-member shall be subject to resolution through any applicable procedures of dues normally charged to Association members.
2the Illinois State Labor Relations Board. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The nonNon-members who object to the this fair share fee on based upon bona fide religious grounds are excused from payment tenets or teachings shall pay an amount equal to the Association but must pay the amount of the such fair share fee to a non-religious charitable organization mutually agreed upon by the non-members employee and the AssociationChapter. If the non-member affected employee and the Association do not agreeChapter are unable to reach agreement on the organization, the non-member will select a charity organization shall be selected by the affected employee from the an approved list developed of charitable organizations established by the Illinois Educational State Labor Relations Board. In Board and the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees payment shall be made to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levelssaid organization. The Association will Chapter shall indemnify, defend, defend and hold save the Village harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, suits or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and for all legal costs that will shall arise out of any action taken or by reason of action not taken by the Board for the purpose of Village in complying with the above provisions of this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionsfair share article.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherAfter the September annual membership drive is completed and upon reaching the membership qualifier each year, as a condition for his/her employment, on or before thirty (30) days the Employer shall deduct from the date of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or pay a fair share fee to the Association which will be a proportionate amount of the dues required of employees who are not members of the Association, including local, state, and national dues.
1. In Association an amount annually certified by the event that the teacher does not pay his/her fair share fee directly to the Association, the Board will deduct Association as the fair share fee from as permitted by and in accordance with the wages Public Employee Fair Share Law (`Law_). The membership qualifier, to be certified by the Association as of the non- October 1 each year is as follows: 2011-2012 Not applicable 2012-2013 85% 2013-2014 90% 2014-2015 92% 2015-2016 90% Each non-member in the same manner as the deductions are made for members.
2. Such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered bargaining unit represented by the Association to non-members. These costs include, but are not limited to, under the negotiation and administration of this Agreement. The Association will, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will Public Employee Relations Act shall be required to pay the fee, nor will the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair share fees will be made fee as provided by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1Law. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will shall not include any costs amount expended by the Association for partisan, political, or contributions related ideological activities that is excluded by a body that has jurisdiction to elections or political purposes.exclude certain activities. Subject to the following, the Employer and the Association agree to apply the provisions of the Law:
3. A. The Association agrees to extend to all non-members who object the opportunity to join the fair share fee on Association.
B. Non-members with bona fide religious grounds are excused from objections to fair share may direct the Association to contribute their agency fee to the Dutchmen Education Foundation. The Association˘s escrow agent shall provide verification of said payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the any affected non-member and once the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of total agency fee obligation has been fully satisfied via payroll deduction.
C. If any legal action is brought against the Board, its members, officers, agents, and teachers brought in Employer as a court or administrative agency because result of compliance with any actions it is required to perform by the Association pursuant to this fair share provisionSection, the Association agrees to defend such action, provide for the defense of the Employer at its own the Associations˘ expense and through its own counsel, provided:counsel selected by the Association.
1. Except in actions filed with D. The Employer agrees to give the Illinois Labor Relations Board, the Board will give Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in writing to the defense of the case. If the Employer does not fully cooperate with the Association, and permits any obligation of the Association intervention to provide a defense under this Section shall cease.
E. The Association agrees in any action so defended, to indemnify and hold the Employer harmless for any monetary damages the Employer might be liable for as a party if consequence of its compliance with this Section; except that it so desires, and
2. In is expressly understood that this save harmless provision will not apply to any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against legal action which may arise as a result of any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will arise out of or by reason of action taken willful misconduct by the Board for the purpose of complying with the above provisions of Employer˘s failure to properly perform its obligation under this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssection.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacher, No employee shall be required to join the Association as a condition for his/her of employment. However, on or before thirty (30) days from the date each full time teacher who is not a member of commencement of duties or the effective date of this Agreement, whichever is later, will join the Association or is required to pay a fair share fee to the Association which will be a proportionate amount for the purpose of deferring the dues required costs of members of services rendered by the Association, including local, state, and national dues.
1Association to non- members. In the event that the a teacher does not pay his/her the fair share fee directly to the AssociationAssociation within 30 days following the commencement of employment, the Association shall notify the Board will of the amount due and unpaid by such employee. The Board shall then deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
2. Such fee will be paid employee and remit it to the Association by in accordance with the Board no later than ten (10) days following procedures currently established in the District for membership dues deduction. The purpose At least annually, the Association must certify the amount of this fair share fee is fee, which may not include contributions related to the election or support of candidates for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreementpolitical office. The Association will, on a yearly basis, certify shall also comply with the amount Notice of Fair Share fees requirement and other provisions as provided by the applicable rules of the fair share feeIELRB. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No teacher will be required to pay the fee, nor will the Board shall not be required to deduct the fee, fair share fee until the certification document is submitted. In addition, and notice requirements described herein have been met as required by applicable law and/or the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions regulations of fair share fees will be made by the Board until at least fourteen (14) days after such certificationIELRB. The following restrictions which are mandated by law will be observed:
1. The obligation to pay a fair share fee will not exceed apply to any employee who, on the amount basis of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on either a bona fide religious grounds are excused from payment ▇▇▇▇▇ or teaching of a church or religious body of which such employee is a member, objects to the Association but must pay the amount payment of the a fair share fee to a non-religious charitable organization mutually agreed upon by the non-members and the Association. If the non-member The Association shall indemnify and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this fair share provision, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, save the Board will give immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the Board will give full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels. The Association will indemnify, defend, and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, com- plaints, suits, or other forms of liability or loss includingliability, but not limited to, damages, attorneys' fees, including all costs and costs attorney fees that will shall arise out of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this clauseArticle, or in reliance on upon any list, noticecertification or notice furnished pursuant to this Article. Notwithstanding anything herein to the contrary, certificationthis Section 2.3 shall not apply to those District employees not members of the Association as of September 30, affidavit, or assignment furnished under 1985. No such employee shall be required by the Article to pay any such provisionsfair share fee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Fair Share. Each teacherbargaining unit member, as a condition for of his/her employment, who has not authorized dues deduction on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreementagreement, whichever is later, will join the Association or shall pay a fair share fee to the Association which will be a proportionate equivalent to the amount of the dues uniformly required of members of the Association, association including local, state, state and national dues.
1. In the event that the teacher bargaining unit member does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, upon written notice from the Association the Board will shall deduct the fair share fee from the wages of the non- non-member in on the same manner basis as dues are deducted from the deductions are made for members.
2. Such The Board shall pay such fee will be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose Annually, no later than the opening of the school term, the Association shall certify the amount of this fair share fee is which fee may not include any fees for deferring contributions related to the cost election of services rendered by support of any candidates for political office, nor may such fair share fees exceed the dues uniformly required of Association to non-members. These costs include, but are not limited to, the negotiation and administration Any teacher who based upon bona fide tenets or teaching of this Agreement. The Association will, on a yearly basis, certify the amount church or a religious body of which such teacher is a member dissents from payment of the fair share fee. The certification must be written and signed by the President of to the Association and must include a financial breakdown of the fair share fee. No teacher will shall be required to pay the fee, nor will the Board be required an amount equal to deduct the fee, until the certification document is submitted. In addition, the Association will certify to the Board that "Notice of Fair Share" has been given in accordance with the IELRB rules and regulations. No payroll deductions of fair his/her proportionate share fees will be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law will be observed:
1. The fair share fee will not exceed the amount of dues normally charged to Association members.
2. The fair share fee will not include any costs or contributions related to elections or political purposes.
3. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a non-religious charitable organization mutually agreed upon by the non-members teacher affected and the Association. If the non-member and the Association do not agree, the non-member will select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and teachers Board brought in a court or administrative agency because of the Board’s compliance with this fair share provisionsection, the Association agrees agreed to defend such action, at its own expense and through its own counsel, provided:
1. Except in actions filed with the Illinois Labor Relations Board, the The Board will give gives immediate notice of such action in writing to the Association, and permits the Association intervention as a party if it so desires, and
2. In any action, no matter where filed, the The Board will give gives full and complete cooperation to the Association association and its counsel in securing and giving evidence, obtaining witnesses, witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any action so defended, it will indemnify, defend, indemnify and hold harmless the BoardBoard from any liability for damages, its members, officers, agents, attorney’s fees and employees from and against any and all claims, demands, actions, com- plaints, suitscosts imposed by, or incurred as a result of, a final judgment of a court or administrative agency, or a settlement as a direct consequence of the Board’s compliance with this section. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other forms form of liability or loss including, but not limited to, damages, attorneys' fees, and costs that will which may arise out as a result of or by reason any type of action taken willful misconduct by the Board for or the purpose Board’s negligent execution of complying with the above provisions of obligations imposed upon it by this clause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisionssection.
Appears in 1 contract
Sources: Professional Negotiations Agreement