Common use of Fair Share Clause in Contracts

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Fair Share. A. Each 1. It is recognized that the Senate's duty as the sole and exclusive bargaining unit 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay Xxxx County College Teachers Union within fourteen (14) days after posting of the notice required in subparagraph (b), the Board shall deduct a fair share fee to the Association sum equivalent to the amount proportionate share 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 regular salary check of the faculty member in the same manner as it deducts dues uniformly required of for members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, CCCTU provided: 1. a) The Employer gives prompt notice CCCTU has posted the appropriate notices of the imposition of such action Fair Share fee in accordance with the rules and regulations of the IELRB; and, b) The CCCTU has annually certified in writing to the Association Board the amount of such Fair Share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such Fair Share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation Regulations of 3. The Senate and the CCCTU agree to the Association and its counsel in securing and giving evidencedefend, obtaining 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 and hold save the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Senate, the CCCTU, or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement for any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund, plus any interest earned on 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 refund during pendency 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 paymentaction. G. This fair share agreement shall safeguard 5. If a faculty member declares the right of non-association of employees based upon bona fide religious tenets or teaching of teaching, or a church church, or religious body of which such employees are members or faculty member is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty member shall be required to pay an amount equal to their fair the faculty member's proportionate share under this Agreement to a non-non- religious charitable organization mutually agreed upon by the employee affected faculty member and the AssociationCCCTU. If the faculty member and the CCCTU are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of a) All employees covered by this Agreement who are not members of the AssociationUNION, including localcommencing on the effective date of this Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the UNION, shall pay to the UNION each month their fair share of the costs of the services rendered by the UNION that are chargeable to non-members under 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 onlyfederal law. b) union dues and Such fair share fees payment by non-members shall be deducted from their pay. The Adjunct Faculty Association President shall then submit to by 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. B. The Board shall deduct the fair share fee BOARD from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUNION, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association UNION shall certify to the Board the amount of the annual BOARD a fair share fee, amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. c) The BOARD shall cooperate with the UNION to ascertain the names of all employee non- members of the Association. The Association acknowledges its obligation to provide non-members with UNION from whose earnings the basis for the calculation of 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 deducted, their work locations and available space to post 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 notice concerning fair share paymentshare. G. This fair share agreement d) The UNION shall safeguard the right of non-association of employees based upon bona fide religious tenets or teaching of cause to be posted a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to the amount of notice concerning the fair share fee have information required or permitted by the right Labor Relations Act and Board rules. e) Upon adoption of any UNION internal appeal procedure, the UNION shall supply the BOARD with a copy. In addition, the UNION shall advise the BOARD of subsequent changes therein. f) Upon receipt of formal notice of an objection or unfair labor practice charge to file objections the Labor Board, the UNION 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 fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the UNION and the objector(s). g) The UNION shall indemnify and hold harmless the BOARD, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of, or by reason of action taken by the BOARD or the purposes of complying with the Illinois Educational above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. h) If during the term of this Agreement, the Labor Relations BoardBoard or a court of competent jurisdiction rules any part of this Article void or not enforceable, the UNION and the BOARD agree to convene negotiations 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 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member whoEffective with the start of the 1993-94 school year, 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of all teachers covered by this Agreement who are not members of the AssociationUnion shall during the term of this Agreement, including localand so long as they remain non- members of the Union, pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non-members under 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 assignmentsfederal law. 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union 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-Union, and shall supply the Board and the non- members with a copy of the basis for of the calculation of the fair share fee. The Association Union shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with the 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 non-member teachers on the same time schedule as Association Union dues and be paid to the AssociationUnion. The amount certified by the Association Union 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 employee 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-non- association of employees teachers based upon bona fide bonafide religious tenets or teaching of a church or religious body of which such employees teachers are members or a belief sincerely held with the strength of traditional religious viewsmembers. Such employees 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 employee teachers affected and the AssociationUnion, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. . Non-members member teachers who object to the amount of the fair share fee have the right to file objections with an unfair labor practice charge against the Union pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations BoardAct. Additionally, non- member teachers who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the Union, 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 to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability, including, but not limited to, damages, attorneys` fees, and costs that shall arise out of or by reason of action taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, as 1. It is recognized that the negotiation and administration of October 1, fall semester and/or March 1, spring semester, or as this Agreement entail expenses which appropriately are shared by all Bargaining Unit Members who are beneficiaries of said Agreement. If a result of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, Bargaining Unit Member does not join the Adjunct Faculty Association or execute a dues deduction authorization mutually agreed upon by the parties thereto, such Bargaining Unit Member will a. execute an authorization for the deduction of a sum equal to the cost of services rendered by the Association that are chargeable to non-members under state or federal law; or b. pay directly to the Association a like sum. 2. In the event such an authorization is not signed or such direct payment is not made within thirty (30) days following the commencement of employment of the Bargaining Unit Member or the effective date of this Section b., whichever is later, the Board will deduct from the regular salary check of the Bargaining Unit Member the fair share fee in payments of equal installments, starting with the subsequent payroll period, provided a. the Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and b. the Association has annually certified in writing to the Association equivalent Board the amount of such fair share fee--which amount must not exceed that permitted by applicable law--and has annually certified in writing to the Board that such notice has been posted. 3. In no event shall the Board begin such fair share fee deduction earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association. 4. The parties expressly recognize the right of employees to challenge the amount of fair share fees. The parties acknowledge that such challenges will be handled pursuant to rules adopted by the IELRB. 5. In the event a Bargaining Unit Member objects to the amount of dues uniformly required of members such fee, the Board shall continue to deduct the fee and transmit the fee (or the portion of the Association, including local, 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 fee in dispute) to the College who have either elected to have full (or local only) union dues and fair share fees deducted from their payIELRB which shall hold the fee in escrow in an account established for that purpose. 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. B. The Board shall deduct continue to transmit all such fees to the fair share fee from the wages IELRB until further order of the IELRB. If the Bargaining Unit Member is entitled to a refund, the Bargaining Unit Member shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to then applicable IELRB procedures. 6. If a non-membermember of the Bargaining Unit declares the right of non-association based upon bona fide religious tenets, such Bargaining Unit Member shall be required to pay an amount equal to the Bargaining Unit Member’s proportionate share to a nonreligious charitable organization mutually agreed upon by the Bargaining Unit Member and the Association. If the Bargaining Unit Member and the Association are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the IELRB in accordance with its rules. C. Such fee shall be paid 7. The Association, the Illinois Education Association and the National Education Association agree to the Association by indemnify and save the Board no later than ten (10) days following deduction. D. In the event of harmless against any legal action against the Employer brought in a court or administrative agency because of its compliance with this Articleclaims, the Association agrees to defend such actiondemands, at its own expense and through its own counselsuits, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result by reason of any type of willful misconduct by the Board action taken 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 calculation of 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 omitted by the Association shall not include or the Board in complying with the provisions of this Section, including reimbursement for any legal fees for contributions related or expenses incurred in connection therewith. 8. The Board agrees to notify the election or support Association promptly in writing of any candidate for political officewritten claim, demand, or suit in regard to which it will seek to implement the provisions of Section 7. Nothing above, and if the Association so requests in this Section shall preclude the non-member from making voluntary political contributions in conjunction with his writing, to surrender claims, demands, suits or her fair share paymentother forms of liability. G. This fair share agreement shall safeguard 9. An authorization to deduct template memo is available for Employees in 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to the amount Staff Workroom of the fair share fee have the right to file objections with the Illinois Educational Labor Relations Board.LTHS website under ParaEducators. (See Appendix C.)

Appears in 2 contracts

Samples: Negotiated Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining unit 1. 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (A) below, the Board shall deduct a sum equivalent to the non- member’s share 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 regular paycheck of the faculty member in the same manner as it deducts dues for members of the Association provided: A. the Association has posted the appropriate notices of imposition of such fair share fee to in accordance with the Association equivalent to the amount of dues uniformly required of members rules and regulations of the AssociationIllinois educational Labor Relations Board, including local, 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.and, B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action has annually certified in writing to the Association Board the amount of such fair share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full the Board shall begin such fair share deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the IELRB) after certification by the Association and its counsel as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsthe preceding paragraph of this Article. E. The Association agrees that in any action so defended3. the Association, it will indemnify the Illinois Federation of teachers and the American Fed- eration of teachers agree to defend, indemnify, and hold the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Association or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement of any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IeLRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation the Board shall continue to provide non-members with transmit such fee to the basis for the calculation IeLRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund plus any interest earned on 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 refund during pendency of the non- members on the same time schedule as Association dues and be paid to the Associationaction. 5. 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 If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard faculty declares 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 faculty is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty shall be required to pay an amount equal to their fair the faculty member’s proportionate share under this Agreement to a non-non- religious charitable chari- table organization mutually agreed upon by the employee affected faculty member and the Association. If the faculty member and the Association are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational educational Labor Relations BoardBoard in accordance with its rules. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each Pursuant to Section 11 of Public Act 83-1014, the Employer will deduct fair share fees from the pay of bargaining unit members, who are represented by the Union, subject to the following procedures and conditions: (1) The Union demonstrates to the Employer that a majority of the status employees in the bargaining unit are dues paying members of the Union; (2) The Union certifies to the Employer the amount of the fair share, such fee to comply with the requirements of Public Act 83-1014; (3) The Union certifies to the Employer the names of the employees represented who shall be subject to the fair share fee payroll deduction; (4) The Union notifies, in writing, with copies to the Employer, the individual 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 be 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 83-1014; Upon compliance by the Union with conditions (1) through (4), the 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 deduct from the 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. The Union shall notify the Employer, in writing, of any change in the fair share fee at least thirty (30) calendar days prior to its effective date. The obligation to pay a fair share fee shall not apply to any bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 on the basis for the calculation of 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 teachings of a church or religious body of which such employees are members or employee is a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Associationmember, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object objects to the amount payment of the a fair share fee have to the right Union. The parties agree to file objections abide by the rules of the IELRB concerning any such objection. The Union shall indemnify and hold harmless the Employer, its officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with the Illinois Educational Labor Relations Boardabove provisions of this Article or in reliance on any list, notice, certification, affidavit or assignment furnished hereunder.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member whoIt 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 October 1said Agreement. To this end, fall semester and/or March 1, spring semester, or as if a result of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, teacher does not join the Adjunct Faculty Association or pay execute a dues deduction authorization, the Board shall deduct a sum equivalent to the proportionate share of the cost for services rendered by the Association as authorized by the IELRB in equal payment from the regular salary check of the teacher provided: 1. The Association 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 Association equivalent to Board the amount of dues uniformly required of members of the Associationsuch fair share fee, including local, 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 has annually certified in writing to the College who have either elected Board that such notice has been mailed 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 coursesall affected non-members. B. The Board shall deduct the begin such fair share fee from the wages fees deduction no earlier than fourteen (14) days after certification of the non-membermailing described in paragraph A of this section (or any later period as required by the Rules and Regulations of the IELRB). C. Such fee shall be paid The 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 may arise by reason of any action taken by the Association by or the Board no later than ten (10) days following deduction. D. In in complying with the event provisions of any legal action against the Employer brought in a court or administrative agency because of its compliance with this ArticleSection, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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 provided that this hold harmless provision will Section shall 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 or the Board’s imperfect execution of failure to comply with the lawful obligations imposed upon it by this ArticleSection. F. The Association shall certify D. In the event a teacher objects to the Board the amount of the annual fair share such 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 calculation of the fair share fee. The Association shall further certify to the Board that “Notice of Fair Share” has been posted shall continue to deduct 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. No payroll deduction of fair share Board shall hold such fees shall be made in escrow 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 further order of the non- members IELRB. If the teacher is entitled to a refund, teacher shall receive such refund plus any interest earned on the same time schedule as Association dues and be paid to refund during pendency of 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 action. E. If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard teacher declares the right of non-no association of employees based upon bona fide religious tenets or teaching of teaching, or a church or religious body of which such employees are members or teacher is a belief sincerely held with the strength of traditional religious views. Such employees may member, such teacher shall be required to pay an amount equal to their fair the teacher’s proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected teacher and the Association, or if no mutual . If the teacher and the Association are unable to reach agreement is reached, on the matter charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, 1. The provisions of this Article apply only to employees covered by the Agreement who are hired after the effective date of this Agreement and to employees who are Union members as of October 1the effective date of this Agreement, fall semester and/or March 1, spring semester, or but who subsequently resign from the Union. The Provisions of this Article do not apply to employees who are not Union members as a result of late start courses, meets the conditions effective date of Association membership defined in this Agreement. Employees covered by this Article I, 1.1 shall, shall be referred to below as a condition of employment, join the Adjunct Faculty Association or pay a “covered non- members.” 2. Such fair share fee to payment by non-members shall be deducted by the Association equivalent to Board from the amount of dues uniformly required of members earnings of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the “covered non-member. C. Such fee shall be paid ” employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUnion, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union shall certify to the Board the amount of the annual a fair share fee, amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. 3. The Board shall cooperate with the Union to ascertain the names of all employee “covered non-members” of the Association. The Association acknowledges its obligation to provide non-members with Union from whose earnings the basis for the calculation of 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 deducted, their work locations and available space to post a pro-rata basis from the earnings of the non- members on the same time schedule as Association dues and be paid to the Associationnotice concerning fair share. 4. The amount certified by the Association Union shall not include any fees for contributions related cause 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 be posted a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to the amount of notice concerning the fair share fee have information required or permitted by the right Labor Relations Act and Board rules. 5. Upon adoption of a union internal appeal procedure, the Union shall supply the Board with a copy. In addition, the Union shall advise the Board of subsequent changes therein. 6. Upon receipt of formal notice of an objection or unfair labor practice charge to file objections the Labor Board, the Union 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 fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the Union and the objector(s). 7. The Union shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability that shall arise out of, or by reason of action taken by the Board for the purposes of complying with the Illinois Educational above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. 8. If during the term of this Agreement, the Labor Relations BoardBoard or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union and the Board agree to convene negotiations on these matters immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share. A. Each bargaining unit member who, as The Federal Hocking Local Board 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 shallEducation agrees to automatic payroll deduction, as a condition of employment, join the Adjunct Faculty Association or pay a fair share fee of an amount equal to the total dues of the Association equivalent from the pay of all bargaining unit members who elect not to the amount of dues uniformly required of become members of the Association, including local, 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 or who have received teaching assignments. The Association will prepare a list of adjunct and part-time faculty elect not 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 coursesremain members. B. The Treasurer of the Board shall deduct shall, upon notification from the Association that a member has terminated membership, commence the check-off of the fair share fee from with respect to the wages former member, and the amount of the non-memberfee yet to be deducted shall be the annual membership dues less the amount previously paid through payroll deduction. Payroll deduction of such fair share fees shall begin at the same payroll period as dues deductions are begun for members of the Association except that no deductions shall be made for newly hired bargaining unit members until the second paycheck, which period shall be the required probationary period for newly hired employed bargaining unit members. C. Such Dues rates and fair share fee rates shall be paid transmitted by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll- deducted, and the Board agrees to promptly transmit all amounts deducted to the Association. D. The Board further agrees to accompany each such transmittal with a list of names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. E. 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. F. The amount to be deducted from the pay of all non-association members shall be the total dues as paid by members of the Association, and such deductions shall continue through the remaining number of payroll periods over which association membership dues are deducted. G. The Association agrees to indemnify the Board no later than for any cost or liability incurred as a result of the implementation and enforcement of this provision as provided that: 1. The Board shall give ten (10) days following deduction. D. In the event written notice of any legal claim made or action filed against the Employer brought in employer by a court or administrative agency because of its compliance with this Article, non-member for which indemnification may be claimed; 2. The Association shall reserve the Association right to designate counsel to represent and defend the employer; 3. The Board agrees to defend such action, at its own expense (1) give full and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing complete cooperation and assistance to the Association and permits its counsel at all levels of the proceeding, (2) permit the Association intervention or its affiliates to intervene as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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.and/or

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees covered by this Agreement who are not members of the AssociationU2CT who commence their employment beginning with the 1989-90 school year, including localcontinue during the term of this Agreement, and remain non-members of the U2CT shall pay to the U2CT each month their fair share of the costs of the services rendered by the U2CT that are chargeable to the non-members under 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 coursesfederal law. B. The Board shall deduct the Such fair share fee payment by non-members shall be deducted by the Board from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by U2CT provided, however, that the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association U2CT shall certify to the Board the amount of the annual a fair share fee, amount not to exceed the dues uniformly required of members in conformity with the state law and Labor Board rules. C. The U2CT shall ascertain the names of the Association. The Association acknowledges its obligation to provide all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to U2CT from whose earnings 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 deducted, which shall be paid transmitted, in writing, to the Association. The amount certified by the Association shall not include any fees for contributions related to the election or support Superintendent 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 paymentSchools. G. This fair share agreement D. The U2CT shall safeguard the right of non-association of employees based upon bona fide religious tenets or teaching of cause to be posted a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to the amount of notice concerning the fair share fee have information required or permitted by the right Labor Relations Act and Board rules. E. Upon adoption of a U2CT internal appeal procedure, the U2CT shall supply the Superintendent with a copy. In addition, the U2CT shall advise the Superintendent of subsequent changes therein. F. Upon receipt of formal notice of an objection of unfair labor practice charge to file objections the Labor Board, the U2CT and the Board shall forward the objector's fee or portion of the objector's fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the U2CT and the objector(s). G. The U2CT shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, action, complaints, suits, or other forms of liability that shall arise out of, or by reason of action taken by the Board for the purposes of complying with the Illinois Educational above provisions of the Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. H. If during the term of this Agreement, the Labor Relations BoardBoard of a court of competent jurisdiction rules any part of this Article void or not enforceable, the U2CT and the Board agree to convene negotiations if so ordered by competent jurisdiction on this matter in a reasonable amount of time for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or Court. I. Any substitute teacher who fills a vacancy prior to November 1 of any school year of a teacher who is on leave, resigns, or in any other way leaves the employment of Herscher Community Unit School District #2 shall be deemed a full-time classroom substitute teacher and shall be covered by the terms of this agreement. Fair share shall be prorated at equal percentage of the annual percentage the substitute will be employed. J. Teachers who are in a continuous part-time position shall have fair share prorated at the same percentage as the district computes the part-time position percentage.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. The following provisions will apply to all bargaining unit members. A. Each bargaining unit member whocertified staff on or before thirty (30) calendar days from the date of commencement of duties or the effective date of this Agreement, as of October 1whichever is later, 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 of employment, shall join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, state and national dues. Following In the fifth event that the bargaining unit member does not pay period of his/her fair share fee directly to the Fall and Spring semesters (Payrolls 5 and 15)Association by a certain date as established by the Association, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. nonmember. Such fee shall be deducted in eighteen (18) equal payroll deductions and paid to the Association by the Board no later than ten (10) days following deductionon a monthly basis. D. B. The parties expressly recognize the right of any certified staff to challenge the amount of fair share fees. The parties acknowledge that such challenges will be handled following the rules adopted by the IELRB. In the event a certified staff objects to the amount of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Articlesuch fee, the Association agrees Board shall continue to defend such action, at its own expense deduct the fees and through its own counsel, provided: 1transmit 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 Employer gives prompt notice of Board shall continue to transmit all such action in writing fees to the Association and permits IELRB until further order of the Association intervention as IELRB. If the certified staff is entitled to a party if it so desiresrefund, and 2. The Employer gives full and complete cooperation the certified staff shall receive such refund plus any interest earned on the refund while the action is being resolved 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 levelsapplicable IELRB procedures. E. C. The Association agrees that in any action so defended, it will indemnify and hold harmless the Employer 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 obligation to pay fair share fee will not apply to any claimcertified staff who, demand, suit or other form of liability which may arise as a result of any type of 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 on the basis for the calculation of 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 xxxxx or teaching of a church or religious body of which such employees are members or certified staff is a belief sincerely held with member, objects to the strength payment of traditional religious views. Such employees may be required to pay an amount equal to their a fair share under this Agreement 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 employee affected as per Association policy and the Association, or if no mutual agreement is reached, from an approved list Rules and Regulations of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object D. The Association, the Illinois Education Association and the National Education Association agree to indemnify and save the amount Board harmless against any claims, demands, suits, or other form of liability which may arise by reason of any action taken or omitted by the fair share fee have Association or the right to file objections Board in complying with the Illinois Educational Labor Relations Boardprovisions of this Section, 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 regard to which it will seek to implement the provisions of this Section, and if the association so requests in writing, to surrender claims, demands, suits or other forms of liability.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Senate's duty as the sole and exclusive bargaining unit 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay Xxxx County College Teachers Union within fourteen (14) days after posting of the notice required in subparagraph (b), the Board shall deduct a fair share fee to the Association sum equivalent to the amount proportionate share 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 regular salary check of the faculty member in the same manner as it deducts dues uniformly required of for members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, CCCTU provided: 1. a) The Employer gives prompt notice CCCTU has posted the appropriate notices of the imposition of such action Fair Share fee in accordance with the rules and regulations of the IELRB; and, b) The CCCTU has annually certified in writing to the Association Board the amount of such Fair Share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such Fair Share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the Association and its counsel IELRB), after certification by the CCCTU as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelssubparagraph (b) of paragraph 1 of this section. E. 3. The Association agrees that in any action so defendedSenate and the CCCTU agree to defend, it will indemnify and hold save the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Senate, the CCCTU, or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement for any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund, plus any interest earned on 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 refund during pendency 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 paymentaction. G. This fair share agreement shall safeguard 5. If a faculty member declares the right of non-association of employees based upon bona fide religious tenets or teaching of teaching, or a church church, or religious body of which such employees are members or faculty member is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty member shall be required to pay an amount equal to their fair the faculty member's proportionate share under this Agreement to a non-non- religious charitable organization mutually agreed upon by the employee affected faculty member and the AssociationCCCTU. If the faculty member and the CCCTU are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Senate's duty as the sole and exclusive bargaining unit 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay Cook County College Teachers Union within fourteen (14) days after posting of the notice required in subparagraph (b), the Board shall deduct a fair share fee to the Association sum equivalent to the amount proportionate share 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 regular salary check of the faculty member in the same manner as it deducts dues uniformly required of for members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, CCCTU provided: 1. a) The Employer gives prompt notice CCCTU has posted the appropriate notices of the imposition of such action Fair Share fee in accordance with the rules and regulations of the IELRB; and, b) The CCCTU has annually certified in writing to the Association Board the amount of such Fair Share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such Fair Share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the Association and its counsel IELRB), after certification by the CCCTU as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelssubparagraph (b) of paragraph 1 of this section. E. 3. The Association agrees that in any action so defendedSenate and the CCCTU agree to defend, it will indemnify and hold save the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Senate, the CCCTU, or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement for any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund, plus any interest earned on 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 refund during pendency 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 paymentaction. G. This fair share agreement shall safeguard 5. If a faculty member declares the right of non-association of employees based upon bona fide religious tenets or teaching of teaching, or a church church, or religious body of which such employees are members or faculty member is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty member shall be required to pay an amount equal to their fair the faculty member's proportionate share under this Agreement to a non-non- religious charitable organization mutually agreed upon by the employee affected faculty member and the AssociationCCCTU. If the faculty member and the CCCTU are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each Pursuant to Section 11 of Public Act 83-1014, the Employer will deduct fair share fees from the pay of status employees, as defined by the Statutes and Rules of the State Universities Civil Service System of Illinois, who are represented by the Union, subject to the following procedures and conditions: (1) The Union demonstrates to the Employer that a majority of the status employees in the bargaining unit member whoare dues paying members of the Union; (2) The Union certifies to the Employer the amount of the fair share, such fee to comply with the requirements of Public Act 83-1014; (3) The Union certifies to the Employer the names of the status employees represented who shall be subject to the fair share fee payroll deduction; (4) The Union notifies, in writing, with copies to the 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 be 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 83-1014; (5) Upon compliance by the Union with conditions (1) through (4), the 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 deduct from the 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 October 1, fall semester and/or March 1, spring semester, or as a result of late start courses, meets any change in the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or fair share fee at least thirty (30) days prior to its effective date; (7) The obligation to pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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 claimemployee who, demand, suit or other form of liability which may arise as a result of any type of 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 on the basis for the calculation of 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 teachings of a church or religious body of which such employees are members or employee is a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Associationmember, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object objects to the amount payment of the a fair share fee have to the right Union. The parties agree to file objections abide by the rules of the IELRB concerning any such objection. The Union shall indemnify and hold harmless the Employer, its officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability that shall arise out of or by reason of action taken or not taken by the Employer for the purpose of complying with the Illinois Educational Labor Relations Boardabove provisions of this Article or in reliance on any list, notice, certification, affidavit or assignment furnished hereunder.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Association’s duties as the sole and exclusive bargaining unit member whoagent entail expenses for collective bargaining and contract administration which appropriately are shared by all teachers who are beneficiaries of said Agreement. To this end, as of October 1, fall semester and/or March 1, spring semester, or as if a result of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, teacher does not join the Adjunct Faculty Association or pay within fourteen (14) days after posting of the notice required in subparagraph a, the Board shall deduct a sum equivalent to the proportionate share of the costs of the services rendered by the Association for collective bargaining and contract administration in its role as sole and exclusive bargaining agent in equal payments from the regular salary check of the teacher in the same manner as it deducts dues for members of the Association provided: a) The Association has posted the appropriate notices of imposition of such fair share fee to in accordance with the Association equivalent to the amount of dues uniformly required of members rules and regulations of the Association, including local, 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. IELRB and, b) 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action has annually certified in writing to the Association Board the amount of such fair share fee and permits the Association intervention as a party if it so desires, andannually certified in writing that such notice has been posted. 2. The Employer gives full Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the IELRB) after certification by the Association as described in paragraph 1 a and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsb of the Article. E. 3. The Association, the Illinois Education Association, and the National Education Association agrees that in agree to defend, indemnify, and save the Board harmless against any action so defended, it will indemnify and hold harmless the Employer 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Association or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this ArticleSection, including reimbursement for any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a teacher objects to the Board the amount of the annual fair share such 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 calculation of the fair share fee. The Association shall further certify to the Board that “Notice of Fair Share” has been posted shall continue to deduct the fee and the Board shall proceed in accordance with IELRB rules the 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 Regulations of the non- members on the same time schedule as Association dues and be paid to the AssociationIELRB concerning such protests. 5. 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 If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard teacher declares 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 teacher is a belief sincerely held with the strength of traditional religious views. Such employees may member, such teacher shall be required to pay an amount equal to their fair the teacher’s proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected teacher and the Association. If the teacher and the Association are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. A. Each bargaining unit Any employee who is not a member who, as in good standing of October 1, fall semester and/or March 1, spring semester, the Union or as ceases to be a result member in good standing of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or Union shall be required to pay a fair share fee 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 the Association equivalent to exceed the amount of dues uniformly required of members members. All employees hired on or after the effective date of the Association, including local, 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 this Agreement who have received teaching assignmentsnot made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. 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. B. The Board Employer shall deduct the fair share fee from the wages of any employee the nonfair-member. C. Such fee shall be paid share financial obligation, as certified to the Association Employer by the Board no later than ten (10) days following deduction. D. In Union, provided that the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action Union has certified in writing to the Association Employer, with sufficient and permits conclusive documentation, that: a. The employee has not applied for membership, or the Association intervention as employee is not a party if it so desiresmember in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; 2b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer gives full and complete cooperation shall forward the fair-share amount to the Association Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and its counsel state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair-share, shall not be subject to the grievance procedure provided for in securing this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and giving evidence, obtaining 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 and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of concerning the Employer’s non-negligent compliance with this Article. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form the provisions of liability which may arise as a result of any type of 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Senate's duty as the sole and exclusive bargaining unit 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay Cook County College Teachers Union within fourteen (14) days after posting of the notice required in subparagraph (b), the Board shall deduct a fair share fee to the Association sum equivalent to the amount proportionate share 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 regular salary check of the faculty member in the same manner as it deducts dues uniformly required of for members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, CCCTU provided: 1. a. The Employer gives prompt notice CCCTU has posted the appropriate notices of the imposition of such action Fair Share fee in accordance with the rules and regulations of the IELRB; and, b. The CCCTU has annually certified in writing to the Association Board the amount of such Fair Share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such Fair Share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the Association and its counsel IELRB), after certification by the CCCTU as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelssubparagraph (b) of paragraph 1 of this section. E. 3. The Association agrees that in any action so defendedSenate and the CCCTU agree to defend, it will indemnify and hold save the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Senate, the CCCTU, or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement for any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund, plus any interest earned on 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 refund during pendency 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 paymentaction. G. This fair share agreement shall safeguard 5. If a faculty member declares the right of non-association of employees based upon bona fide religious tenets or teaching of teaching, or a church church, or religious body of which such employees are members or faculty member is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty member shall be required to pay an amount equal to their fair the faculty member's proportionate share under this Agreement to a non-non- religious charitable organization mutually agreed upon by the employee affected faculty member and the AssociationCCCTU. If the faculty member and the CCCTU are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All teachers who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members shall be deducted by the Board on a pro-rata basis from the earnings of the non- member teachers and remitted to the Union provided, however, that: A. The Union 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 (IELRB); and B. The Union has annually certified in writing to the Board (1) the amount of such fair share fee and (2) the fact that the notice required in (A) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the same Union) at any time schedule as Association dues before the expiration of this Agreement, in accordance with the rules and be paid regulations of the IELRB. The parties recognize the right of teachers to object to the Associationamount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should a teacher file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The amount certified by the Association Board shall not include any fees for contributions related continue to transmit all such amounts to the election IELRB until further order of the IELRB. If the teacher is entitled to a refund, the teacher shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. The parties recognize the rights of non-members based upon their bona fide religious tenets or support teachings of any candidate for political officea church or religious body as provided in Section 11 of the Illinois Educational Labor Relations Act (IELRA). Nothing in this Section shall preclude the If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard teacher asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected teacher and the AssociationUnion. If the teacher and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, as All faculty members (with the exclusion of October 1, fall semester and/or March 1, spring semester, or as a result of late start courses, meets those current faculty employed by the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of college before fiscal year 1985) who remain non-members of the Association, including local, state and national dues. Following KCCFA shall pay to the fifth pay period KCCFA their fair share of the Fall and Spring semesters (Payrolls 5 and 15), costs of the Administration will provide services rendered by 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 Kankakee Community 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 Council of American Federation of Teachers Local 604, AFL-CIO that are chargeable 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. B. The Board shall deduct the fair share fee from the wages of the non-membermembers under state and federal law. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice Association has posted the appropriate notices of imposition of such action fair share fee in writing to accordance with the Association rules and permits regulations of the Association intervention as a party if it so desires, Illinois Educational Labor Relations Board (IELRB); and 2. The Employer gives full and complete cooperation to the Association and its counsel has annually certified in securing and giving evidence, obtaining 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 and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 writing to the Board (a) the amount of the annual such fair share fee, not fee and (b) the fact that the notice required in (1) above has been posted. The Board shall cooperate with the Association to exceed ascertain the dues uniformly required names of all non-members of the Association. The Association acknowledges its obligation to provide non-members with from whose earnings the basis for the calculation of 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 deducted. The Association shall prepare a notice containing the fair share fee information as required by the Board on a pro-rata basis from the earnings rules and regulations of the non- IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the same Association) at any time schedule as Association dues before the expiration of this Agreement, in accordance with the rules and be paid to regulations of the AssociationIELRB. 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 parties recognize 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 strength of traditional religious views. Such employees may be required faculty to pay an amount equal to their fair share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the Association, or if no mutual agreement is reached, from 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 and that such objections shall be handled under rules and regulations now in effect or adopted later by the right to file objections with IELRB. The parties recognize the rights of non-members 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 BoardAct (IELRA). If a non-member faculty asserts the right of non-association under Section 11 of the IELRB, he/she be required to pay an amount equal to his/her proportionate share to a non- religious charitable organization mutually agreed upon by the non-member faculty and the Association. If the non-member faculty and the Association do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under its rules. 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 as set for the above shall not be subject to the grievance and arbitration procedure set forth in this Agreement. The Association agrees to indemnify and hold the Board harmless against any and all claims, demands, suits, orders, or judgments or other forms of liability (monetary or otherwise) brought or issued against the Board and for all legal costs that may arise out of, or by reason of, any action taken or not taken by the Board under the provisions of this Section. If an improper deduction is made and paid to the Association, the Association shall refund any such amount directly to the faculty member involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 teachers and remitted to the Union provided, however, that: A. The Union has posted the appropriate notices of imposition of such 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 fee in accordance with the strength rules and regulations of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board.Board (IELRB); and H. NonB. The Union has annually certified in writing to the Board (1) the amount of such fair share fee and (2) the fact that the notice required in (A) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members who of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee have and that such objections shall be handled under rules and regulations now in effect or adopted later by the right IELRB. Should an employee file an objection with the IELRB as to file objections with the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. 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 applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay an amount equal to his/her proportionate share to a non- religious charitable organization mutually agreed upon by the teacher and the Union. If the employee and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under its rules. The Union shall indemnify and hold harmless the Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All teachers who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 teachers and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This 2. The Union has annually certified in writing to the Board (a) the amount of such fair share agreement fee and (b) the fact that the notice required in (1) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non- members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of teachers to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should a teacher file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If the teacher is entitled to a refund, the teacher shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected teacher and the AssociationUnion. If the teacher and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each The County shall grant "Fair Share" to the Union in accordance with Sections 6(e)-(g) of the Illinois Public Labor Relations Act upon satisfactory demonstration to the County that the Union has more than fifty percent (50%) of the eligible employees in the bargaining unit member whosigned up as dues paying members. Once this condition has been met, as all employees covered by this Agreement will within thirty (30) clays of October the Union meeting said conditions or within thirty (30) days of their employment by the County either (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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of ) become members of the Association, including local, state Union and national dues. Following pay to the fifth Union regular Union dues and fees or (2) pay period to the Union each· month their fair share of the Fall Union's costs of the collective bargaining process, contract administration and Spring semesters (Payrolls 5 pursuing matters affecting employee wages, hours, and 15), other conditions of employment. Such fair share payment by non-members shall be deducted by the Administration will provide County from the Association a list earnings of all adjunct the non- member employees and part-time faculty who have received teaching assignments. The Association will prepare a list of adjunct and part-time faculty to be given remitted 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUnion, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union shall certify to the Board County the amount of the annual constituting said fair share feeshare, not to exceed exceeding the dues uniformly required of members of the AssociationUnion, and shall certify that said amount constitutes the non-members' proportionate share of the Union's costs of the collective bargaining process, contract administration and pursuing matters affecting employee wages, hours and other conditions of employment. The Association acknowledges its obligation Upon receipt of such certification, the County shall cooperate with the Union to provide ascertain the names of and addresses of all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to Union from whose earnings 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 and their work locations. Upon the Union's receipt of notice of an objection 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 to the fair share payment. G. This fair share agreement amount, the Union shall safeguard the right deposit in an escrow account, separate from -all other Union funds, fifty percent (50%) of all fees being collected from non-association union employees. The Union shall furnish objectors and the County with verification of employees based the terms of the escrow arrangement and, upon bona fide religious tenets 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 teaching trust company and the agreement therefore shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed fund- be outside of the Union's control until the final disposition of the objection; and that the escrow fund will terminate and the fund therein be distributed by the terms of an ultimate award, determination, or judgment including any appeals or by the terms of a church mutually agreeable settlement between the Union and an objector or religious body group of which such employees are members objectors. If an ultimate decision in any proceeding under state or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to federal law directs that the amount of the fair share fee have should be different than the right amount fixed by the Union, the Union shall promptly adopt said determination and notify the County to file objections with change deductions from the Illinois Educational Labor Relations Boardearnings of non-members to said prescribed amount.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each 1. The County shall grant "Fair Share" to the Union in accordance with Sections 6(e)-(g) of the Illinois Public Labor Relations Act upon satisfactory demonstration to the County that the Union has more than fifty percent (50%) of the eligible employees in the bargaining unit member whosigned up as dues paying members. Once this condition has been met, as all employees covered by this Agreement will within thirty (30) days of October the Union meeting said condition or within thirty (30) days of their employment by the County either (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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of ) become members of the Association, including local, state Union and national dues. Following pay to the fifth Union regular Union dues and fees or (2) will pay period to the Union each month their fair share of the Fall Union's costs of the collective bargaining process, contract administration and Spring semesters (Payrolls 5 pursuing matters affecting employee wages, hours, and 15), the Administration will provide the Association a list other conditions of all adjunct and part-time faculty who have received teaching assignmentsemployment. 2. 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 Such fair share fees payment by non-members shall be deducted from their pay. The Adjunct Faculty Association President shall then submit to by 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. B. The Board shall deduct the fair share fee County from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUnion, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union shall certify to the Board County the amount of the annual constituting said fair share feeshare, not to exceed exceeding the dues uniformly required of members of the AssociationUnion, and shall certify that said amount constitutes the non-members’ proportionate share of the Union's costs of the collective bargaining process, contract administration and pursuing matters affecting employee wages, hours and other conditions of employment. 3. The Association acknowledges its obligation Upon receipt of such certification, the County shall cooperate with the Union to provide ascertain the names of and addresses of all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to Union from whose earnings 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 and their work locations. 4. Upon the Union's receipt of notice of an objection 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 to the fair share paymentamount, the Union shall deposit in an escrow account, separate from all other Union funds fifty percent (50%) of all fees being collected from non-union employees. The Union shall furnish objectors and the County 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 of trust company and the agreement therefore shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed fund be outside of the Union's control until the final disposition of the objection; and that the escrow fund will terminate and the fund therein be distributed 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. G. This fair share agreement shall safeguard the right of non-association of employees based upon bona fide religious tenets 5. If an ultimate decision in any proceeding under state or teaching of a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to federal law directs that the amount of the fair share fee have should be different than the right amount fixed by the Union, the Union shall promptly adopt said determination and notify the County to file objections with change deductions from the Illinois Educational Labor Relations Board.earnings of non- members to said prescribed amount. ·

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit Any employee who is not a member who, as in good standing of October 1, fall semester and/or March 1, spring semester, the Union or as ceases to be a result member in good standing of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or Union shall be required to pay a fair share fee 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 the Association equivalent to exceed the amount of dues uniformly required of members members. All employees hired on or after the effective date of the Association, including local, 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 this Agreement who have received teaching assignmentsnot made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. 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. B. The Board Employer shall deduct the fair share fee from the wages of any employee the nonfair-member. C. Such fee shall be paid share financial obligation, as certified to the Association Employer by the Board no later than ten (10) days following deduction. D. In Union, provided that the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action Union has certified in writing to the Association Employer, with sufficient and permits conclusive documentation, that: a. The employee has not applied for membership, or the Association intervention as employee is not a party if it so desiresmember in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; 2b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer gives full and complete cooperation shall forward the fair-share amount to the Association Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and its counsel state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in securing this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and giving evidence, obtaining 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 and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of concerning the Employer’s non-negligent compliance with this Article. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form the provisions of liability which may arise as a result of any type of 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Senate's duty as the sole and exclusive bargaining unit 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay Xxxx County College Teachers Union within fourteen ( 1 4) days after posting of the notice required in subparagraph (b), the Board shall deduct a fair share fee to the Association sum equivalent to the amount proportionate share 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 regular salary check of the faculty member in the same manner as it deducts dues uniformly required of for members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, CCCTU provided: 1. a) The Employer gives prompt notice CCCTU has posted the appropriate notices of the imposition of such action Fair Share fee in accordance with the rules and regulations of the IELRB; and, b) The CCCTU has annually certified in writing to the Association Board the amount of such Fair Share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such Fair Share fee deduction no earlier than fourteen (1 4) days (or any later period as required by the Rules and complete cooperation to Regulations of the Association and its counsel IELRB), after certification by the CCCTU as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelssubparagraph (b) of paragraph 1 of this section. E. 3. The Association agrees that in any action so defendedSenate and the CCCTU agree to defend, it will indemnify and hold save the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Senate, the CCCTU, or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement for any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund, plus any interest earned on 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 refund during pendency 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 paymentaction. G. This fair share agreement shall safeguard 5. If a faculty member declares the right of non-association of employees based upon bona fide religious tenets or teaching of teaching, or a church church, or religious body of which such employees are members or faculty member is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty member shall be required to pay an amount equal to their fair the faculty member's proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected faculty member and the AssociationCCCTU. If the faculty member and the CCCTU are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and 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 Board in accordance with the Illinois Educational Labor Relations Board.its rules. (Article VI)

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a All tenured teachers are covered by this fair share fee to the Association equivalent to the amount of dues uniformly required of provision. A. All teachers covered by this Fair Share provision who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under 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 coursesfederal law. B. The Board shall deduct the Such fair share fee payment by non-members shall be deducted by the Board from the wages earnings of the non-member. C. Such fee shall be paid member teachers and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUnion, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union shall certify submit to the Board an affidavit which specifies the amount of the annual constituting said fair share fee, not to exceed exceeding the dues uniformly required of members of the Association. The Association acknowledges its obligation Union. C. Upon receipt of said affidavit the Board shall cooperate with the Union to provide ascertain the names of all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to Union from whose earnings 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 deducted, their work locations and available space to post a notice concerning fair share. D. The Union shall cause to be posted a notice containing the fair share fee information specified in Section B above and advising that any non-member may object to the amount of the fee by filing a fair share fee objection or unfair labor practice against the Union with the Illinois Educational Labor Relations Board. E. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee should be lower than the amount fixed by the Union, the Union shall promptly adopt said determination and notify the Board on a pro-rata basis to reduce deductions from the earnings of non-members to said prescribed amount. F. The Union shall indemnify and hold harmless the non- members on the same time schedule as Association dues Board, its members, officers, agents and be paid to the Association. The amount certified employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the Association shall not include Board of this Article, or in reliance on any fees for contributions related to the election list, notice, certification, affidavit, or support of assignment furnished under 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 paymentsuch provisions. G. This fair share agreement shall safeguard If during the right term of non-association this Agreement, the Labor Board or a court of employees competent jurisdiction rules any part of this Article void or not enforceable, the Union 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. X. Any faculty member objecting to the Fair Share Fee based upon bona fide religious tenets or teaching of a church or religious body of which such employees are members or employee is a belief sincerely held with the strength of traditional religious views. Such employees may be required to member shall pay an amount equal to their fair share under this Agreement the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the employee affected faculty member and the AssociationUnion, or if no mutual agreement is reachedin the absence of such agreement, from to an organization on the approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. NonI. All teachers covered by this Fair Share provision who are not members of the Union, and continuing during the term of this Agreement, and so long as they remain non-members who object of the Union, shall pay to the amount Union each month their fair share of the fair share fee have costs of the right services rendered by the Union that are chargeable to file objections with the Illinois Educational Labor Relations Boardnon-members under state and federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees covered by this Agreement who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs and services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 employees and remitted to the Union provided, however, that: A. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This B. The Union has annually certified in writing to the Board (1) the amount of such fair share agreement fee and (2) the fact that the notice required in (A) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information, as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. 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 applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, as Section 1. Employees who have completed their probationary period and who are not members 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 Union shall, as a condition of continuing employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent Union each pay period a “fair share” payment in an amount certified by the Union. The “fair share” payment shall be a percentage of union membership dues calculated based on United States and New Mexico Statutes and case law identifying those expenditures by a labor organization which are permissibly chargeable to all employees in the appropriate bargaining unit, including but not limited to all expenditures incurred by the labor organization in negotiating the contract applicable to all employees in the bargaining unit, servicing such contract and representing all such employees in grievances and disciplinary actions. Section 2. Employees who are required to make “fair share” payments may do so by voluntary payroll deduction authorization which may be revoked at any time. Authorizations and revocations shall be submitted in writing by the employee as follows: A. All Fair Share cards shall be submitted to the AFSCME union hall at 0000 Xxxxxxxxxxxx XX, Xxxxxxxxxxx, XX 00000, or to the employee’s respective Agency HR office. B. AFSCME Council 18 or the Agency shall stamp, date and initial each Fair Share card upon arrival identifying the Fair Share card was received. Each party shall make a copy of the Fair Share card, process the card and mail or fax a copy of the card to the other party. C. The Agency shall maintain a copy of the Fair Share card in the employee’s personnel file. D. The Employer will forward the monies so deducted to the Union together with a list of bargaining unit members from whose wages such monies were deducted. E. The Employer shall deduct from bargaining unit members’ wages for “fair share” only that amount of money which the Union has Agreement Between The State of New Mexico and AFSCME Council 18 certified in writing is the correct amount of semimonthly “fair share” payments. Section 3. Upon written request by the Union, a bargaining unit member who has completed his/her probationary period and who is not complying with the “fair share” provisions of this article shall be terminated by the Employer, provided that the following actions have occurred: A. The Union shall notify the bargaining unit member of the amount of dues uniformly required money that he/she is in arrears. The notice shall inform the bargaining unit member of members impending discharge if the full amount owed is not paid to the Union within fifteen (15) working days after receipt of the Association, including local, state and national duesnotification. Following the fifth pay period A copy of the Fall and Spring semesters (Payrolls 5 and 15)notification shall be mailed simultaneously to the State Personnel Director. For the purposes of this Section, the Administration will provide date of notification is the Association a list date of all adjunct and part-time faculty who have received teaching assignments. The Association will prepare a list certified receipt at the member’s last known address, or twenty (20) working days following the postmarked certificate 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 coursesmailing, whichever is earlier. B. The Board Union shall deduct tender to the fair share fee from the wages State Personnel Director a written request for termination of the non-memberbargaining unit member on the basis that the bargaining unit member has not complied with the “fair share” provisions of this Article within the time period specified in A, in that he/she has not paid the arrearage and has not documented that the money is not owed. Upon receipt of such notice the State shall issue to the employee a notice of contemplated action for dismissal and commence the termination process in accordance with the rules of the State Personnel Board. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against Section 4. It is specifically agreed that the Employer brought in a court assumes no obligation, financial or administrative agency because otherwise, arising out of its compliance with application of the provisions of this Article, and the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 Union agrees that in any action so defended, it will indemnify and hold the State harmless the Employer from and against any claims, demands, actions, proceedings or liability for damages and costs imposed arising from deductions made 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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.the

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees covered by this Agreement who are not members of the AssociationU2CT who commence their employment beginning with the 2013-2014 school year, including localcontinue during the term of this Agreement, and remain non-members of the U2CT shall pay to the U2CT each month their fair share of the costs of the services rendered by the U2CT that are chargeable to the non-members under 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 coursesfederal law. B. The Board shall deduct the Such fair share fee payment by non-members shall be deducted by the Board from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by U2CT provided, however, that the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association U2CT shall certify to the Board the amount of the annual a fair share fee, amount not to exceed the dues uniformly required of members in conformity with the state law and Labor Board rules. C. The U2CT shall ascertain the names of the Association. The Association acknowledges its obligation to provide all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to U2CT from whose earnings 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 deducted, which shall be paid transmitted, in writing, to the Association. The amount certified by the Association shall not include any fees for contributions related to the election or support Superintendent 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 paymentSchools. G. This fair share agreement D. The U2CT shall safeguard the right of non-association of employees based upon bona fide religious tenets or teaching of cause to be posted a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to the amount of notice concerning the fair share fee have information required or permitted by the right Labor Relations Act and Board rules. E. Upon adoption of a U2CT internal appeal procedure, the U2CT shall supply the Superintendent with a copy. In addition, the U2CT shall advise the Superintendent of subsequent changes therein. F. Upon receipt of formal notice of an objection of unfair labor practice charge to file objections the Labor Board, the U2CT and the Board shall forward the objector's fee or portion of the objector's fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the U2CT and the objector(s). G. The U2CT shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, action, complaints, suits, or other forms of liability that shall arise out of, or by reason of action taken by the Board for the purposes of complying with the Illinois Educational above provisions of the Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. H. If during the term of this Agreement, the Labor Relations BoardBoard of a court of competent jurisdiction rules any part of this Article void or not enforceable, the U2CT and the Board agree to convene negotiations if so ordered by competent jurisdiction on this matter in a reasonable amount of time 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

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit 1. 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (A) below, the Board shall deduct a sum equivalent to the non- member’s share 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 regular paycheck of the faculty member in the same manner as it deducts dues for members of the Association provided: A. The Association has posted the appropriate notices of imposition of such fair share fee to in accordance with the Association equivalent to the amount of dues uniformly required of members rules and regulations of the AssociationIllinois Educational Labor Relations Board, including local, 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.and, B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action has annually certified in writing to the Association Board the amount of such fair share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such fair share deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the IELRB) after certification by the Association and its counsel as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsthe preceding paragraph of this Article. E. 3. The Association agrees that in any action so defendedAssociation, it will indemnify the Illinois Federation of Teachers and the American Fed- eration of Teachers agree to defend, indemnify, and hold the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Association or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement of any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund plus any interest earned on 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 refund during pendency of the non- members on the same time schedule as Association dues and be paid to the Associationaction. 5. 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 If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard faculty declares 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 faculty is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty shall be required to pay an amount equal to their fair the faculty member’s proportionate share under this Agreement to a non-non- religious charitable chari- table organization mutually agreed upon by the employee affected faculty member and the Association. If the faculty member and the Association are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of . All employees covered by this Agreement who are not members of the AssociationFederation, including localcommencing on the effective date of this Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non- members of the Federation shall pay to the Federation each month their fair share of the costs of the services rendered by the Federation that are chargeable to non-members under state and national duesfederal law. 2. 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 Such fair share fees payment by non-members shall be deducted from their pay. The Adjunct Faculty Association President shall then submit to by 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. B. The Board shall deduct the fair share fee from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselFederation, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Federation shall certify to the Board the amount of the annual a fair share fee, amount not to exceed the dues uniformly required of members of in conformity with state law and Labor Board rules. Such certification will include the Association. The Association acknowledges its obligation to provide non-members with the basis for the calculation amount of the fair share feefee 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 Association Board shall further certify cooperate with the Federation to ascertain the Board that “Notice names of Fair Share” has been posted in accordance with IELRB rules and regulations. No payroll deduction all employee non-members of fair share fees shall be made until at least fourteen (14) days after such certification. Such the Federation from whose earnings the fair share payments shall be deducted 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 Board 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 a pro-rata basis from the earnings refund during pendency of the non- members on action pursuant to IELRB procedures. 6. Upon adoption of any Federation internal procedure to review challenges and appeals to its fair share fees, the same time schedule as Association dues and be paid to Federation shall supply the AssociationBoard with a copy. In addition, the Federation shall advise the Board of subsequent changes therein. 7. The amount certified by parties expressly recognize their obligations to and the Association shall not include any fees for contributions related to 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 election or support of any candidate for political officeIllinois Educational Labor Relations Act. 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 If a nonmember employee declares the right of non-association of employees based upon bona fide religious tenets or teaching teachings of a church or religious body of which the employee is a member, such employees are members or a belief sincerely held with the strength of traditional religious views. Such employees may employee shall be required to pay an amount equal to their fair his or her proportionate share under this Agreement to a non-religious nonreligious charitable organization mutually agreed upon by the employee affected and the AssociationFederation. If the employee and the Federation are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the IELRB in accordance with its rules. 8. The Federation shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits, judgments, administrative decisions, or if other forms of liability (monetary or otherwise), including, but not limited to, attorney fees, court costs and interest that shall arise out of or by reason of any action taken or not taken by the Board for the purposes of complying with any of the provisions of this Article, or in reliance on any list, notice, certification, affidavit, assignment or 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 mutual agreement is reachedway be construed to abridge or waive any of the rights, from an approved list privileges, or protections of charitable organizations 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 the Illinois Educational Labor Relations Boardstate, 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. H. Non-members who object to 10. If during the amount term of this Agreement, the fair share fee have Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the right to file objections with Federation and the Illinois Educational Labor Relations Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or sixty (60) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 employee and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This 2. The Union has annually certified in writing to the Board (a) the amount of such fair share agreement fee and (b) the fact that the notice required in (1) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections will be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If an employee is entitled to a refund, said employee shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Senate's duty as the sole and exclusive bargaining unit 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, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay Xxxx County College Teachers Union within fourteen (14) days alter posting of the notice required in subparagraph (b), the Board shall deduct a fair share fee to the Association sum equivalent to the amount proportionate share 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 regular salary check of the faculty member in the same manner as it deducts dues uniformly required of for members of the Association, including local, 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, CCCTU provided: 1. The Employer gives prompt notice a) the CCCTU has posted the appropriate notices of the imposition of such action Fair Share fee in accordance with the rules and regulations of the IELRB; and, b) the CCCTU has annually certified in writing to the Association Board the amount of such Fair Share fee and permits has annually certified in writ­ ing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such Fair Share fee deduction no earlier than fourteen (14) days (or any later period as required by the rules and complete cooperation to regulations of the Association and its counsel IELRB), after certification by the CCCTU as de­ scribed in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelssubparagraph (b) of paragraph 1 of this section. E. 3. The Association agrees that in any action so defendedSenate and the CCCTU agree to defend, it will indemnify and hold save the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Senate, the CCCTU, or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement for any legal fees or expen­ ses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund, plus any interest earned on 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 refund during pendency 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 paymentaction. G. This fair share agreement shall safeguard 5. If a faculty member declares the right of non-association of employees based upon bona fide religious tenets or teaching of teaching, or a church church, or religious body of which such employees are members or faculty member is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty mem­ ber shall be required to pay an amount equal to their fair the faculty mem­ ber's proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected faculty member and the AssociationCCCTU. If the faculty member and the CCCTU are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations BoardBoard in accordance with its rules. 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 shallThe Board agrees to automatic payroll deduction, as a condition of employment, join of an amount equal to the Adjunct Faculty dues of the Association or such lesser fee as shall be determined necessary by the OEA Executive Director from the pay of all bargaining unit members hired after July 1, 1984, who elect not to remain members. Treasurer of the Board shall, upon notification from the Association that a member has terminated membership, commence and checkoff of the fair share fee with respect to the former member, and the amount of the fee yet to be deducted shall be the annual membership dues or such lesser fee as shall be determined necessary by the OEA Executive Director less the amount previously paid through payroll deduction. Payroll deduction of such fair share fees shall begin with the first paycheck received after January 15 in the years covered by this contract. Dues, rates and fair share fees shall be transmitted by the Association to the Treasurer of the Board for the purpose of determining amounts to be payroll deducted, and the Board agrees to transmit all amounts deducted monthly to the Association. The Board further agrees to accompany each such transmittal with a list of the names of bargaining unit members for whom all such deductions were made, the period covered, and the amounts deducted for each. The Association assures the Board 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. Upon timely demand, nonmembers may apply to the Association equivalent for an advance reduction/rebate of the fair share fee pursuant to the internal procedure adopted by the Association. Nevertheless, the amount to be deducted from the pay of all non-Association members shall be the full dues uniformly required of members of the Association, including local, state and national dues. Following unless the fifth pay period Association notifies the Treasurer of the Fall Board to the contrary, and Spring semesters (Payrolls 5 and 15), such deductions shall continue through the Administration will provide the remaining number of payroll periods over which Association a list of all adjunct and part-time faculty who have received teaching assignmentsmembership dues are deducted. The Association will prepare agrees to indemnify the Board for any cost or liability incurred as 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 result of the fall semester or Payroll 15 implementation and enforcement 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.this provision provided that: B. a. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than give a ten (10) days following deduction. D. In the event day written notice of any legal claim made or action filed against the Employer brought in employer by a court or administrative agency because of its compliance with this Article, nonmember for which indemnification may be claimed; b. The Association shall reserve the Association right to designate counsel to represent and defend the employer; c. The Board agrees to defend such action, at its own expense (1) give full and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing complete cooperation and assistance to the Association and permits its counsel at all levels of the proceedings, (2) permit the Association intervention or its affiliates to intervene as a party if it so desires, and 2. The Employer gives full and complete cooperation and/or (3) to not oppose the Association and or its counsel 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 levels.the action; E. d. The Association agrees that in any action so defended, it will indemnify and hold harmless brought against the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as Board must be a direct consequence of the EmployerBoard’s non-negligent good faith compliance with this Article. It is expressly understood that this hold 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 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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 provision of the right collective bargaining agreement herein; however, there shall be no indemnification of the Board if the Board intentionally or willfully fails to file objections with apply (except due to court order) or misapplies such fair share fee provision herein; e. Fee payers shall not be entitled to use the Illinois Educational Labor Relations Boardgrievance procedure to challenge the fee payer provision of the contract.

Appears in 1 contract

Samples: Negotiated Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state and national dues. Following the fifth pay period of the Fall and Spring semesters or sixty (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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (1060) days following deduction. D. In after their initial employment, whichever is later, and continuing during the event term of any legal action against the Employer brought in a court or administrative agency because of its compliance with this ArticleAgreement, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention so long as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 they remain non- members of the Association. The Association acknowledges its obligation Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 employee and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This 2. The Union has annually certified in writing to the Board (a) the amount of such fair share agreement fee and (b) the fact that the notice required in (1) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections will be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If an employee is entitled to a refund, said employee shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Fair Share. A. Each bargaining unit member whoa) Pursuant to 115 ILCS §5/11, as the parties agree that non-union members employed in the Bargaining Unit, who choose not to become members within thirty (30) calendar days of October 1employment or within thirty days (30) of the signing hereof, 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 of employment, join the Adjunct Faculty Association or shall be required to pay a fair share fee Fair Share Fee not to the Association equivalent to exceed the amount of dues uniformly required of members its members. Such Fair Share Fee shall be deducted from the employee's paycheck and shall be forwarded to the Union. b) The Employer and the Union are both cognizant of the Association, including local, state and national dues. Following the fifth pay period provisions of the Fall Illinois Educational Labor Relations Act and Spring semesters Rules promulgated by the Illinois Educational Labor Relations Board (Payrolls 5 and 15), the Administration will provide the Association a list of all adjunct and part-time faculty who have received teaching assignments“IELRB”) which deal with Fair Share Fees. The Association will prepare a list of adjunct Act and part-these Rules as they may be amended from time faculty to be given time are incorporated in this Agreement by reference and the Employer and the Union agree to the College who have either elected to have full (or local only) union dues comply with 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 abide by all provisions 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 coursesAct and said Fair Share Rules. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10c) days following deduction. D. In the event that any employee covered hereby is precluded from making a Fair Share involuntary contribution as required by (a) of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 2 on account of non-association of employees based upon bona fide religious tenets or teaching teachings of a church or religious body of which such employees are members or that employee is a belief sincerely held with member, that employee shall have the strength of traditional religious views. Such employees may be required right to pay an refuse to allow said involuntary deductions provided, however, that said right to refuse shall continue only so long as the employee makes contributions at least equal in amount equal to their fair share under this Agreement the Fair Share Fee amount to a non-religious charitable organization mutually agreed upon by the employee affected so refusing and the AssociationUnion. For this purpose the Union shall certify to the Employer the names of all employees covered hereby who are relieved of the obligation to pay a Fair Share Fee by virtue of this Section; and it shall be the sole obligation of the Union to verify that contributions contemplated hereby have actually been made and that said employees are not subject to a Fair Share Fee involuntary deduction. The employee shall, on a monthly basis, furnish satisfactory evidence to the Union that such payment has been made. d) The Union shall indemnify, defend, and hold the Employer harmless against any claim, demand, suit, cost, expense, or if no mutual agreement is reachedany other form of liability, including attorneys’ fees and costs arising from an approved list or incurred as a result of charitable organizations established any act taken or not taken by the Illinois Educational Labor Relations Board. H. Non-members who object Employer, its members, officers, agents, employees or representatives in complying with or carrying out the provisions of this Article; in reliance on any notice, letter, or authorization forwarded to the amount Employer by the Union pursuant to this Article; and including any charge that the Employer failed to discharge any duty owed to its employees arising out of the fair share fee have Fair Share deduction; provided however, the right Union shall not be obligated to file objections with indemnify the Illinois Educational Labor Relations BoardEmployer to the extent that any damages occur as a result of the Employer's negligence. The Employer shall immediately inform the Union of any appeals or legal action regarding this Article.

Appears in 1 contract

Samples: Union Agreement

Fair Share. The parties acknowledge that on June 27, 2018, the United States Supreme Court ruled, in Xxxxx v. AFSCME, 585 U.S. , that fair share dues are unconstitutional. For that reason, fair share provisions in collective bargaining agreements are unenforceable. The parties further agree, that in the event fair share dues are found to be legal in the future, that the fair share provision in this Contract will be enforceable without the necessity for the parties to agree to bargain its inclusion. The language for the fair share provision, if found legal, shall be as follows: A. Each bargaining unit member whoBeginning with the 1990-91 contract year, as of October and with respect to any individual newly employed after August 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 of employment, 1990 who does not join the Adjunct Faculty Association Union or pay execute a dues deduction authorization within fourteen (14) days after posting of the notice required in subparagraph (1.) below, the Board shall deduct a sum equivalent to the proportionate share of the costs of the services rendered by the Union for collective bargaining and contract administration in equal payments from the regular paycheck of the employee in the same manner as it deducts dues for members of the Union provided: 1. The Union 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 Union has annually certified in writing to the Association equivalent to Board the amount of dues uniformly required of members of the Association, including local, 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 such 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 fee and confirmation 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 coursessuch notice has been posted. B. The Board shall deduct the begin such fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board deduction no later earlier than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 (or any later period as required by the Rules and Regulations of the IELRB) after such certification. Such certification of the fair share payments shall be deducted fee amount by the Board on a pro-rata basis from the earnings Union as required in paragraph A. of the non- members on Article. C. In the same time schedule as Association dues and be paid event an employee objects to the Associationamount 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 the purpose. The amount certified by the Association Board shall not include any continue to transmit such fees for contributions related to the election or support IELRB until further order of any candidate for political office. Nothing in this Section shall preclude the Board. D. If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard employee declares 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 employee is a belief sincerely held with the strength of traditional religious views. Such employees may member, such employee shall be required to pay an amount equal to their fair the employee's proportionate share under this Agreement to a non-religious nonreligious charitable organization mutually agreed upon by the employee affected and the Union. If the employee and the Union are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the IELRB in accordance with its Rules and Regulations. E. The Union, the Illinois Education Association, and the National Education Association agree to defend, indemnify, and hold the board harmless against any claims, demands, suits, or if no mutual agreement is reached, from an approved list other form of charitable organizations established liability which may arise by reason of any action taken by the Illinois Educational Labor Relations Union or the Board in complying with the provisions of this Section, including reimbursement for any legal fees or expenses incurred in connection therewith. The Board agrees to promptly notify the Union in writing of any claims, demands, suits or other forms of liability arising from the Board's compliance with the provisions of this article. H. Non-members F. The provisions of this Section shall not apply to any employee who object was a member of the bargaining unit and did not belong to the amount Union as of August 1, 1990, except and unless such employee after August 1, 1990 voluntarily agrees to either pay fair share or to become a member of the fair share fee have the right to file objections with the Illinois Educational Labor Relations Board.Union. APPENDIX A FLOSS CLASSIFICATIONS A. Technical Assistants 1. Technology Assistant (Chromezone/Duplicating) 2. Technology Assistant (AV/Help Desk Tech) 3. Library Technical Assistant 1. Athletic Director/P.E./Building Usage 2. Curriculum/Instruction 3. Guidance

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 employees and remitted to the Union provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This 2. The Union has annually certified in writing to the Board (a) the amount of such fair share agreement fee and (b) the fact that the notice required in (1) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections will be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. 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 applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each In the event the Association obtains a voluntary, dues-paying membership of at least of at least sixty-seven percent (67%) of all bargaining unit employees, the Board will implement a fair share system based upon the following: 1. It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all bargaining unit members who are beneficiaries of this Agreement. To this end, if a bargaining 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 of employment, does not join the Adjunct Faculty Association or pay execute a fair share fee to dues deduction authorization within fourteen (14) days after posting of the Association notice required in subparagraph (a), the Board shall deduct the sum equivalent to the amount bargaining unit member's share of dues uniformly required the costs of the services rendered by the Association for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association to the Board in equal payments from the regular salary check to the teacher in the same manner as it deducts for members of the Association, including local, state provided: a. The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and national dues. Following the fifth pay period regulations 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. IELRB; and b. The Association will prepare a list of adjunct and part-time faculty to be given has annually certified in writing to the College who have either elected to have full (or local only) union dues and Board the amount of such fair share fees deducted from their pay. The Adjunct Faculty Association President shall then submit and has annually certified in writing to the Administration a list of adjunct faculty members who meet the conditions of Association membership due to courses Board 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 coursessuch notice has been posted. B. 2. The Board shall deduct the begin such fair share fee from deduction no earlier than fourteen (14) days (or any later period as required by the wages Rules and Regulations of the non-member. C. Such IELRB) after certification by the Association as described in paragraph 1 of Section 3.5 of this Article and transmit the fee shall be paid to the Association by the Board no later than ten (10) days following the deduction. D. . In the event a teacher objects to the amount of such fee, the fee shall be transferred in accordance with the Rules and Regulations to the IELRB. 3. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise by reason of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, taken by the Association agrees to defend such actionor the Board in complying with the provisions of this Section, at its own expense and through its own counsel, provided: 1. The Employer provided the Board gives prompt notice of such action in writing to the Association as soon as practicable and permits the Association intervention as a party if it so desires, and 2. The Employer gives full and complete cooperation to the Board cooperates with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. E. The Association agrees that in any action so defended. Such duty to defend, it will indemnify and hold save the Board harmless the Employer 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 shall 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 or the Board’s imperfect execution 's failure to comply with the provisions of the obligations imposed upon it by this ArticleSection. F. 4. The Association shall certify obligation to the Board the amount of the annual pay a fair share feefee will not apply to any bargaining unit member who, not to exceed the dues uniformly required of members of the Association. The Association acknowledges its obligation to provide non-members with on the basis for the calculation of 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 xxxxx or teaching of a church or religious body of which such employees are members bargaining unit member is a member or a belief sincerely held with the strength of traditional religious views. Such employees may be required , objects to pay an amount equal to their the payment of a fair share under this Agreement fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization mutually agreed upon by the employee affected as per Association policy and the Association, or if no mutual agreement is reached, from an approved list Rules and Regulations 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 1 contract

Samples: Bargaining Agreement

Fair Share. A. Each ‌ 1. The County shall grant "Fair Share" to the Union in accordance with Sections 6(e)-(g) of the Illinois Public Labor Relations Act upon satisfactory demonstration to the County that the Union has more than fifty percent (50%) of the eligible employees in the bargaining unit member whosigned up as dues paying members. Once this condition has been met, as all employees covered by this Agreement will within thirty (30) days of October the Union meeting said condition or within thirty (30) days of their employment by the County either (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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of ) become members of the Association, including local, state Union and national dues. Following pay to the fifth Union regular Union dues and fees or (2) will pay period to the Union each month their fair share of the Fall Union's costs of the collective bargaining process, contract administration and Spring semesters (Payrolls 5 pursuing matters affecting employee wages, hours, and 15), the Administration will provide the Association a list other conditions of all adjunct and part-time faculty who have received teaching assignmentsemployment. 2. 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 Such fair share fees payment by non-members shall be deducted from their pay. The Adjunct Faculty Association President shall then submit to by 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. B. The Board shall deduct the fair share fee County from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUnion, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union shall certify to the Board County the amount of the annual constituting said fair share feeshare, not to exceed exceeding the dues uniformly required of members of the AssociationUnion, and shall certify that said amount constitutes the non-members’ proportionate share of the Union's costs of the collective bargaining process, contract administration and pursuing matters affecting employee wages, hours and other conditions of employment. 3. The Association acknowledges its obligation Upon receipt of such certification, the County shall cooperate with the Union to provide ascertain the names of and addresses of all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to Union from whose earnings 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 and their work locations. 4. Upon the Union's receipt of notice of an objection 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 to the fair share paymentamount, the Union shall deposit in an escrow account, separate from all other Union funds fifty percent (50%) of all fees being collected from non-union employees. The Union shall furnish objectors and the County 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 of trust company and the agreement therefore shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed fund be outside of the Union's control until the final disposition of the objection; and that the escrow fund will terminate and the fund therein be distributed 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. G. This fair share agreement shall safeguard the right of non-association of employees based upon bona fide religious tenets 5. If an ultimate decision in any proceeding under state or teaching of a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to federal law directs that the amount of the fair share fee have should be different than the right amount fixed by the Union, the Union shall promptly adopt said determination and notify the County to file objections with change deductions from the Illinois Educational Labor Relations Boardearnings of non- members to said prescribed amount.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each During the term of this Agreement, bargaining unit member who, as employees who are not members 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 Union shall, commencing sixty (60) days after the effective date of this Agreement or sixty (60) days after their employment, whichever is later, pay as a condition of employment, join the Adjunct Faculty Association or pay employment a fair share fee to the Association equivalent to Union for collective bargaining and contract administration services rendered by the amount of dues uniformly required of members Union as the exclusive representative of the Associationemployees covered by this Agreement, including local, 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 provided 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 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 Union in the same manner and intervals as Union dues are deducted. The Union shall periodically submit to the Village a list of employees covered by this Agreement who are not members of the Association. The Association acknowledges its obligation to provide non-members with Union and an affidavit which specifies the basis for the calculation amount of the fair share fee. The Association shall further certify to amount of 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 fee shall not include any fees for contributions related to the election of or support of any candidate for political officeoffice or for any member only benefit. Nothing The foregoing fair share fee obligation shall not apply to any employee in the bargaining unit as of the date this Agreement is ratified by both parties who is not a member of the Union on that date. Any such employees 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. The requirement to pay a fair share fee shall be applicable to any employee who is employed in a bargaining unit position after the date on which this Agreement is ratified by both parties and who either fails to join the Union and authorize dues deduction within the sixty (60) day period, or who is a member of the Union on or after the date on which this Agreement is ratified by both parties and who thereafter withdraws from such membership and revokes authorization for dues deduction. The Union agrees to assume full responsibility to ensure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union x. Accordingly, the Union agrees to do the following: (a) Give timely notice to fair share fee payors 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. (b) 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 (i.e., the Illinois Labor Relations Board (ILRB) procedure). (c) 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. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedure set forth in this Section shall preclude the nonAgreement. Non-member from making voluntary political contributions in conjunction with his or her members who object to this fair share payment. G. This fair share agreement shall safeguard the right of non-association of employees fee 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 strength of traditional religious views. Such employees may be required to teachings shall pay an amount equal to their such fair share under this Agreement fee to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the affected non-member and the Union are unable to reach agreement on the organization, or if no mutual agreement is reached, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational State Labor Relations BoardBoard and the payment shall be made to said organization. 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, as ‌ All employees covered by this Agreement who are not members of October 1, fall semester and/or March 1, spring semesterthe Custodial/Maintenance Association, or as a result of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of upon their initial employment, join and continuing during the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount term of dues uniformly required of this Agreement, and so long as they remain non-members of the Association, including local, state and national dues. Following shall pay to the fifth pay period Custodial/ Maintenance Association each month their fair share of the Fall and Spring semesters (Payrolls 5 and 15), costs of the Administration will provide services rendered by 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 that are chargeable 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. federal law.‌ Such fair share payments payment by non-members 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 employees and remitted to the Custodial/Maintenance Association provided, however, that the association shall submit to the Board an affidavit which specifies the amount constituting said fair share payment. G. This not exceeding 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 agreement payments shall safeguard 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 right fair share fee information specified above and advising that any non-member may object to the amount of the fee by filing a fair share fee objection.‌ If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee 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-association members to said prescribed amount.‌ The Oswego Custodial/Maintenance Association shall indemnify and hold harmless the Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of employees liability that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such 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 bona fide bonafide religious tenets or teaching of a church or religious body of which such employees are members or employee is a belief sincerely held with the strength of traditional religious views. Such employees may be required to member shall pay an amount equal to their fair share under this Agreement the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the employee affected OCMA member and the Custodial/Maintenance Association, or if no mutual agreement is reachedin the absence of such agreement, from to an organization on the approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. NonBoard.‌ 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-members who object to the amount numbered distribution period following receipt of the fair share fee have authorization.‌ In the right event that I resign from the employment of the Board, or request a leave of absence from the Board prior to file objections with termination of the Illinois Educational Labor Relations Board.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

Samples: Professional Services

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 employees and remitted to the Union provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This 2. The Union has annually certified in writing to the Board (a) the amount of such fair share agreement fee and (b) the fact that the notice required in (1) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. 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 applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments payment by non-members 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 teachers and remitted to the Union provided, however, that: A. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This B. The Union has annually certified in writing to the Board (1) the amount of such fair share agreement fee and (2) the fact that the notice required in (A) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. 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 applicable IELRB procedures. The parties recognize the rights of non-members 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected teacher and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rules. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees covered by this Agreement who are not members of the AssociationUNION, including localcommencing on the effective date of this Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the UNION, shall pay to the UNION each month their fair share of the costs of the services rendered by the UNION that are chargeable to non-members under 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 coursesfederal law. B. The Board shall deduct the Such fair share fee payment by non-members shall be deducted by the BOARD from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUNION, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association UNION shall certify to the Board the amount of the annual BOARD a fair share fee, amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. C. The BOARD shall cooperate with the UNION to ascertain the names of the Association. The Association acknowledges its obligation to provide all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to UNION from whose earnings 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 deducted, their work locations and available space to post 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 notice concerning fair share paymentshare. G. This fair share agreement D. The UNION shall safeguard the right of non-association of employees based upon bona fide religious tenets or teaching of cause to be posted a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to the amount of notice concerning the fair share fee have information required or permitted by the right Labor Relations Act and Board rules. E. Upon adoption of any UNION internal appeal procedure, the UNION shall supply the BOARD with a copy. In addition, the UNION shall advise the BOARD of subsequent changes therein. F. Upon receipt of formal notice of an objection or unfair labor practice charge to file objections the Labor Board, the UNION 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 fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the UNION and the objector(s). G. The UNION shall indemnify and hold harmless the BOARD, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of, or by reason of action taken by the BOARD for the purposes of complying with the Illinois Educational above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. H. If during the term of this Agreement, the Labor Relations BoardBoard or a court of competent jurisdiction rules any part of this Article void or not enforceable, the UNION and the BOARD agree to convene negotiations 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

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, as 7.1 All employees covered by this Agreement who are not members of October 1, fall semester and/or March 1, spring semester, the UNION or as a result of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of upon their initial employment, join and continuing during the Adjunct Faculty Association or term of this Agreement, and so long as they remain non-members of the UNION, shall pay a to the 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. All employees who are non-members hired before the Association equivalent to the amount effective date of dues uniformly required of members this initial contract will be exempt from fair share. If an employee becomes a member of the Association, including local, state this exemption is waived 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 employee shall continue to be given to the College who have either elected to have full (a member 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. B. The Board shall deduct pay the fair share fee fee. 7.2 Such fair share payment by non-members shall be deducted by the BOARD from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselUNION, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association UNION shall certify to the Board the amount of the annual BOARD a fair share fee, amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. 7.3 The BOARD shall cooperate with the UNION to ascertain the names of the Association. The Association acknowledges its obligation to provide all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to UNION from whose earnings 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 deducted, their work locations and available space to post a notice concerning fair share. 7.4 The UNION shall cause to be posted a notice concerning the fair share fee information required or permitted by the Labor Relations Act and Board on rules. 7.5 Upon adoption of any UNION internal appeal procedure, the UNION shall supply the BOARD with a pro-rata basis from copy. In addition, the earnings UNION shall advise the BOARD of subsequent changes therein. 7.6 Upon receipt of formal notice of an objection or unfair labor practice charge to the Labor Board, the UNION and the BOARD, hereby agree to comply with Labor Board rules. The BOARD shall forward the objector’s fee or portion of the non- members on the same time schedule as Association dues and be paid objector’s fees being contested to the Association. Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the UNION and the objector(s). 7.7 The amount certified UNION shall indemnify and hold harmless the BOARD, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of, or by reason of action taken by the Association shall not include BOARD for the purposes of complying with the above provisions of this Article, or in reliance on any fees for contributions related to the election list, notice, certifications, affidavit, or support of assignment furnished under 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 paymentsuch provisions. G. This fair share agreement shall safeguard 7.8 If during the right term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of the Article void or not enforceable, the UNION and the BOARD agree to convene negotiations 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. 7.9 The rights of non-association of employees based upon bona fide religious tenets or teaching teachings of a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious viewsshall be protected. Such employees may be required to pay an amount equal to their fair share under proportionate share, determined pursuant to this Agreement Article, to a non-religious charitable organization mutually agreed upon by the employee employees affected and the AssociationUNION. If the affected employees and the UNION are unable to reach an agreement on the matter, or if no mutual agreement is reached, from an the payments shall be made to a charitable organization 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 1 contract

Samples: Support Agreement

Fair Share. A. Each bargaining unit Commencing with the 1997-1998 school year any Paraeducator newly employed for the 1997-1998 school year, any Paraeducator employed in the 1996-1997 school year who was a member whoof the Association on December 1,1996, as of October or who joined the Association after December 1, fall semester and/or March 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 fair 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, spring semester1996, or as a result of late start courses, meets and any Paraeducator who was initially hired for the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or 1996-1997 school year shall not be required to pay a such fair share fee to unless during the term of their employment they voluntarily join the Association equivalent to the amount of dues uniformly required of members of the Association, including local, 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 coursessubsequently withdraw. B. The Board shall deduct the fair share fee from the wages By September 1 of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Articleeach year, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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-, and shall supply the Board and the non- members with a copy of the basis for of the calculation of the fee. If the non-member Paraeducator has not made payment to the Association within twenty (20) days of the demand/ certification, the Board will commence to deduct 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 fee payment from the earnings of the non- members on the same time schedule as Association dues non-member Paraeducator and be paid pay it 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. C. 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members Paraeducator who object to 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- member and the Association. If the affected Paraeducator and the Association are unable to reach an agreement on the matter, the Paraeducator shall select a charitable organization for receipt of the payment from an approved list established by the IELRB in accordance with its rules. E. The Association shall indemnify and hold harmless the Board, its members, officers, agents and Employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability, including attorneys' fees incurred, that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Section, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All employees who are not members of the AssociationUnion, including localcommencing on the effective date of this Agreement, state or thirty (30) days after their initial employment, whichever is later, and national dues. Following continuing during the fifth pay period term of the Fall this Agreement, 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 so long as soon as possible of the names of those adjunct faculty members who meet the conditions of Association membership due to late starting courses. B. The Board shall deduct the fair share fee from the wages of the they remain non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 Union, shall pay to provide the Union each month their fair share of the costs of the service rendered by the Union that are chargeable to non-members with the basis for the calculation of 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 under state and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certificationfederal law. Such fair share payments by non-members 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 employees and remitted to the Union provided, however that: A. The Union has posted the appropriate notices of imposition of such fair share payment.fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and G. This B. The Union has annually certified in writing to the Board (a) the amount of such fair share agreement fee and (b) the fact that the notice required in (A) above has been posted. The Board shall safeguard cooperate with the Union to ascertain the names of all non-members of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of the employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If the employee is entitled to a refund, the employee shall receive such a refund plus any interest - earned on the refund during pendency of the action pursuant to applicable IELRB procedures. The parties recognize the rights of non-members based upon their bona fide religious tenets or teachings of a church or religious body as provided in Section 11 of the Illinois Education Labor Relations Act (IELRA). If a non-member employee asserts the right of non-association under Section 11 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 strength of traditional religious views. Such employees may IELRA, he/she shall be required to pay an amount equal to their fair his/her proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected and the AssociationUnion. If the employee and the Union do not agree on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an approved a list of charitable organizations established by the Illinois Educational Labor Relations IELRB under its rule. The Union shall indemnify and hold harmless the Board. H. Non-members who object to , its members, officers, agents and employees from and against any and all claims demands, actions, complaints, suits or other forms of liability that shall arise out of or by reason of action taken by the amount Board for the purposes of the fair share fee have the right to file objections complying with the Illinois Educational Labor Relations Boardabove provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provision.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each 1. It is recognized that the Association's duties as the sole and exclusive bargaining unit agent entails expenses for services rendered which appropriately are shared by all faculty who are beneficiaries of said Agreement. To this end, if a faculty 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 of employment, does not join the Adjunct Faculty Association or pay execute a fair share fee to the Association equivalent to the amount of dues uniformly required of members deduction authorization within fourteen (14) days after posting of the Association, including local, state and national dues. Following the fifth pay period of the Fall and Spring semesters notice required in subparagraph (Payrolls 5 and 15)a) below, 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. B. The Board shall deduct the fair share fee from the wages of a sum equivalent to the non-member. C. Such fee shall be paid to 's share of the costs of the services rendered by the Association by in its role as the Board no later than ten (10) days following deduction. D. In sole and exclusive bargaining agent in equal payments from the event regular paycheck of any legal action against the Employer brought faculty member in a court or administrative agency because the same manner as it deducts dues for members of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. A. The Employer gives prompt notice Association has posted the appropriate notices of imposition of such action 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 Association Board the amount of such fair share fee and permits has annually certified in writing to the Association intervention as a party if it so desires, andBoard that such notice has been posted. 2. The Employer gives full Board shall begin such fair share deduction no earlier than fourteen (14) days (or any later period as required by the Rules and complete cooperation to Regulations of the IELRB) after certification by the Association and its counsel as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsthe preceding paragraph of this Article. E. 3. The Association agrees that in any action so defendedAssociation, it will indemnify the Illinois Federation of Teachers and the American Federation of Teachers agree to defend, indemnify, and hold the Board harmless the Employer from against 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 claimclaims, demand, suit suit, or other form of liability which may arise as a result by reason of any type of willful misconduct action taken by the Board Association or the Board’s imperfect execution Board in complying with the provisions of the obligations imposed upon it by this Articlesection, including reimbursement of any legal fees or expenses incurred in connection therewith. F. The Association shall certify 4. In the event a faculty member objects to the Board the amount of the annual fair share such fee, not the Board shall continue to exceed deduct the dues uniformly required of members fee and the Board shall transmit the fee (or the portion of the Associationfee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Association acknowledges its obligation Board shall continue to provide non-members with transmit such fee to the basis for the calculation IELRB until further order of the fair share feeBoard. The Association If the faculty member is entitled to a refund, the faculty member shall further certify to receive such refund plus any interest earned on 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 refund during pendency of the non- members on the same time schedule as Association dues and be paid to the Associationaction. 5. 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 If a non-member from making voluntary political contributions in conjunction with his or her fair share payment. G. This fair share agreement shall safeguard faculty declares 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 faculty is a belief sincerely held with the strength of traditional religious views. Such employees may member, such faculty shall be required to pay an amount equal to their fair the faculty member's proportionate share under this Agreement to a non-religious charitable organization mutually agreed upon by the employee affected faculty member and the Association. If the faculty member and the Association are unable to reach agreement on the matter, or if no mutual agreement is reached, a charitable organization shall be selected from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object Board in accordance with its rules. Return to the amount Table of the fair share fee have the right to file objections with the Illinois Educational Labor Relations Board.Contents

Appears in 1 contract

Samples: Bargaining Agreement

Fair Share. A. Each bargaining unit Any employee who is not a member who, as in good standing of October 1, fall semester and/or March 1, spring semester, the Union or as ceases to be a result member in good standing of late start courses, meets the conditions of Association membership defined in Article I, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or Union shall be required to pay a fair share fee 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 the Association equivalent to exceed the amount of dues uniformly required of members members. All employees hired on or after the effective date of the Association, including local, 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 this Agreement who have received teaching assignmentsnot made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. 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. B. The Board Employer shall deduct the fair share fee from the wages of any employee the nonfair-member. C. Such fee shall be paid share financial obligation, as certified to the Association Employer by the Board no later than ten (10) days following deduction. D. In Union, provided that the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action Union has certified in writing to the Association Employer, with sufficient and permits conclusive documentation, that: a. The employee has not applied for membership, or the Association intervention as employee is not a party if it so desiresmember in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; 2b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer gives full and complete cooperation shall forward the fair-share amount to the Association Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union-s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and its counsel state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in securing this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union· and giving evidence, obtaining 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 and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of concerning the Employer’s non-negligent compliance with this Article. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form the provisions of liability which may arise as a result of any type of 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All teachers who are not members of the AssociationUnion, commencing on the effective date of this Agreement, or thirty days after their initial employment, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of costs of the services rendered by the Union that are chargeable to non-members under the state and federal law, including district, local, 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 Such 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association payment by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 calculation of 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 teachers and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such 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 fee in accordance with the strength rules and regulation of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board.Board (IELRB); and H. Non2. The Union has annually certified in writing to the Board (a) the amount of such fair share fee and (b) the fact that the notice required in (1) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members who of the Union from whose earnings the fair share payments shall be deducted. The Union shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of teachers to object to the amount of the fair share fee have and that such objections shall be handled under the right to file objections with rules and regulations now in effect or adopted later by the IELRB. The parties recognize the rights of non-members based on 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 (IELRA). If a non-member teacher asserts the right on non-association under Section 11 of the IELRB, he/she shall be required to pay an amount equal to his/her proportionate share to a non-religious charitable Organization mutually agreed upon the teacher and the Union. If the teacher and the Union do not agree on the matter, a charitable Organization shall be selected from a list established by the IELRB under its rules. The Union shall indemnify and hold harmless the Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the Board for the purposed of complying with the above provisions of this Section, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of All full-time TEACHER AIDES who are not members of the AssociationUnion shall, including localsixty (60) days after their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay to the Union each month their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and national duesfederal law. Following Full- time teacher aides employed, and receiving their first pay prior to June 30, 2003, shall be exempted from the fifth pay period of Fair Share provisions, provided they are continuously employed in 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 assignmentsbargaining unit. 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union 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 Union, and shall supply the Board and the non-members with a copy of the basis for of the calculation of 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 fee payment 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 non-member Teacher Aides and be paid to the AssociationUnion. 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 nonNon-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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members Teacher Aides who object to the amount of the fair share fee have the right to file objections with an unfair labor practice charge against the Union pursuant to paragraph 1714(b) (1) of the Illinois Educational Labor Relations Act. Upon any such filing and notice of such to the Union, 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 to be made, pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. If a non-member Teacher Xxxx declares the right of non-association based either upon bonafide religious tenets, or teachings of a church or religious body of which such Teacher Aide is a member, or upon philosophical differences, such non-member shall be required to pay an amount equal to the Teacher Aide’s proportionate fair share, as determined under this fair share agreement, to a non-religious charitable organization mutually agreed upon by the non-member and the Union from a list compiled by the Union and the Board. If the affected Teacher Aide and the Union are unable to reach an agreement on the matter, the Teacher Aide may select a charitable organization for receipt of the payment from an approved list established by the Illinois Educational Labor Relations Board. The Union shall indemnify and hold harmless the Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.

Appears in 1 contract

Samples: Contractual Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of . All employees covered by this Agreement who are not members of the AssociationUnion commencing on the effective date of this Agreement, including localor 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 Union shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and national duesfederal law. 2. Following Such fair share payment by non-members shall be deducted by the fifth pay period Board from the earnings of the Fall non- member employees 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 remitted 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 Union provided, however, that the Union shall then submit to the Administration a list of adjunct faculty members who meet Board an affidavit which specifies 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. B. The Board shall deduct the amount constituting said fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 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 a list of the expenditures which were excluded in determining the fair share. 3. The Association acknowledges its obligation Upon receipt of said affidavit the Board shall provide information to provide the Union to assist the Union in ascertaining the names of all employee non-members with the basis for the calculation of the fair share fee. The Association shall further certify to Union from whose earnings 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 and their work locations. 4. The procedures employed for the implementation of fair share and the rules for the implementation of fair share shall be those established by the Board on a pro-rata basis from the earnings of the non- members on the same time schedule as Association dues Educational Labor Relations Act, Ill. Rev. Stat. Ch. 48, Sec. 1711 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to 5. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee have should be lower than the right amount fixed by the Union, the Union shall promptly adopt and comply with said decision, notify the Board to file objections reduce deductions from the earnings of non- members to said prescribed amount, and otherwise comply with said decision. 6. The Board shall use its best efforts to comply with the Illinois Educational Labor Relations provisions of this Article, and shall not be liable for inadvertent errors or omissions and the like in Sections 2, 3, and 4 above. Reasonable effort shall be made to correct inadvertent errors. 7. The Union shall indemnify and hold harmless the Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, costs, losses and expenses or other forms of liability including, but not limited to, the cost of the defense thereof and attorneys' fees therewith in any manner resulting from or arising out of or connected with this Agreement or this Article or the consequences therefore or that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions. 8. An employee shall not pursue a grievance involving fair share under the grievance procedure of this Agreement. The Union agrees to provide notice and appeal procedures to employees in accordance with applicable law. The Union will furnish the Employer copies of its "Notice to Non-Members Fair Share Fee Payers" which the Employer will provide to new employees upon their employment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member who, as Section 1. Employees who have completed their probationary period and who are not members 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 Union shall, as a condition of continuing employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent Union each pay period a “fair share” payment in an amount certified by the Union (Agency Fee Payer). Section 2. Employees who are required to make “fair share” payments may do so by voluntary payroll deduction authorization, which may be revoked at any time. Authorizations and revocations shall be submitted in writing by the employee to Agency Human Resources offices. Upon receipt the Agency HR offices shall send the Union a copy of such forms. The Employer will forward the monies so deducted to the Union together with a list of bargaining unit employees from whose wages such monies were deducted. Section 3. Upon written request by the Union, a bargaining unit member who has completed his/her probationary period and who is not complying with the “fair share” provisions of this Article shall be terminated by the Employer, provided that the following actions have occurred: A. The Union shall notify the bargaining unit member of the amount of dues uniformly required money that he/she is in arrears. The notice shall inform the bargaining unit member of members impending discharge if the full amount owed is not paid to the Union within fifteen (15) working days after receipt of the Association, including local, state and national duesnotification. Following the fifth pay period A copy 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 notification shall be given mailed simultaneously to the College who have either elected to have full State Personnel Director. For the purposes of this Section the date of notification is the date of certified receipt at the member’s last known address, or twenty (or local only20) union dues and fair share fees deducted from their pay. The Adjunct Faculty Association President shall then submit to working days following the Administration a list postmarked certificate 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 coursesmailing, whichever is earlier. B. The Board Union shall deduct tender to the fair share fee from the wages State Personnel Director a written request for termination of the non-memberbargaining unit member on the basis that the bargaining unit member has not complied with the “fair share” provisions of this Article within the time period specified in A, in that he/she has not paid the arrearage and has not documented that the money is not owed. Upon receipt of such notice the State shall issue to the employee a notice of contemplated action for dismissal and commence the termination process in accordance with the rules of the State Personnel Board. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against Section 4. It is specifically agreed that the Employer brought in a court assumes no obligation, financial or administrative agency because otherwise, arising out of its compliance with application of the provisions of this Article, and the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 Union agrees that in any action so defended, it will indemnify and hold the State harmless from and against any claims, demands, actions, proceedings, or liability arising from deductions made by the Employer from any liability for damages State pursuant to the Article, including reasonable attorneys fees incurred. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and costs imposed by a final judgment of a court or administrative agency as a direct consequence exclusive obligation and responsibility of the Employer’s non-negligent compliance with this Article. It is expressly understood Union; provided that this hold harmless provision will Section 4 shall not apply be applicable to any claim, demand, suit claims or other form of liability which may arise liabilities or attorney fees incurred solely as a result of any type of willful misconduct a breach by the Board Employer of its statutory duties or obligations under the Board’s imperfect execution of the obligations imposed upon it by this ArticleUnited States Constitution. 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 calculation of 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each 1. The Employer shall grant "Fair Share" to the Union in accordance with Sections 6(e)-(g) of the Illinois Public Labor Relations Act upon satisfactory demonstration to the Employer that the Union has more than fifty percent (50%) of the eligible employees in the bargaining unit member whosigned up as dues paying members. Once this condition has been met, as all employees covered by this Agreement will within thirty (30) days of October their employment by the County either (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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of ) become members of the Association, including local, state Union and national dues. Following pay to the fifth Union regular Union dues and fees or (2) pay period to the Union each month their fair share of the Fall Union's costs of the collective bargaining process, contract administration and Spring semesters (Payrolls 5 pursuing matters affecting employee wages, hours 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 other 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 coursesemployment. B. The Board 2. Such "Fair Share" payment by non-members shall deduct be deducted by the fair share fee County from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by Union, provided however, that the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Union shall certify to the Board County the amount of the annual fair share fee, constituting said "Fair Share" not to exceed exceeding the dues uniformly required of members of the Association. The Association acknowledges its obligation to provide Union, and shall certify that said amount constitutes the non-members proportionate share of the Union's costs of the collective bargaining process, contract administration and pursuing matters affecting employee wages, hours and other conditions of employment. 3. Upon receipt of such certification, the County shall cooperate with the basis for Union to ascertain the calculation names and addresses of all employee non-members of the fair share fee. The Association shall further certify to Union from whose earnings 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 and their work locations. 4. Upon the Union's receipt of notice of an objection 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 to the fair share paymentamount, the Union shall deposit in an escrow account, separate from all other Union funds, fifty percent (50%) of all fees being collected from non-union employees. The Union shall furnish objectors and the County 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 of the objection; and that the escrow fund will terminate and the fund therein be distributed 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. G. This fair share agreement shall safeguard the right of non-association of employees based upon bona fide religious tenets 5. If an ultimate decision in any proceeding under state or teaching of a church or religious body of which such employees are members or a belief sincerely held with the strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to federal law directs that the amount of the fair share fee have should be different than the right amount fixed by the Union, the Union shall promptly adopt said determination and notify the County to file objections with change deductions from the Illinois Educational Labor Relations Boardearnings of non-members to said prescribed amount.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining unit member whoA.) Pursuant to Section 315/6 of Illinois Public Employer Labor Relations Act 51LC5315/6, the parties agree that as of October 1the date of the signing hereof, fall semester and/or March 1, spring semesterif the majority of the members of the bargaining Unit recognized hereby have voluntarily authorized (with resubmission of authorization on an annual basis) a deduction under Section 1 of this Article, or as if the Union otherwise demonstrates and verifies to the Employer's satisfaction in a result manner acceptable to the Employer once each year that such majority of late start coursesthe members of said unit are dues paying members of the Union at the time, meets non‐union members employed in status positions in the conditions unit, who choose not to become members within ninety (90) calendar days of Association membership defined in Article Iemployment or ninety (90) calendar days of the signing hereof, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or shall be required to pay a fair share fee not to the Association equivalent to exceed the amount of dues uniformly required of members. Such fair share fee shall be deducted from the employees’ paycheck. Such involuntary deduction shall remain in effect for the duration of this labor Agreement or until a majority of the members of the Associationbargaining unit no longer have voluntarily authorized deductions under Section 1 of this article. B.) If a majority of employees covered hereby are not Union members, the exclusive bargaining agent may request an election among the members of the bargaining unit covered hereby to determine whether an involuntary fair share fee shall be deducted from wages of non‐union members covered hereby. Such election shall be conducted by a third party agreed upon by the parties under balloting and election procedures determined by the third party. Any costs, including localoverhead fees and charges associated with said election shall be borne by the exclusive bargaining agent. If as a result of said election, state and national dues. Following it is determined that a majority of the fifth employees covered hereby favor involuntary fair share fee deductions, as described in clause a of this Section 2, such fair share fee involuntary deduction shall be initiated no later than the second pay period following a certification of election results. Said fair share fee involuntary deduction shall remain in effect for the duration of this Agreement. Notwithstanding anything to the contrary contained in clause (a) of this Section 2, once an election as described herein has occurred and the Union has failed to obtain a majority favoring involuntary deductions as described in clause a of this Section, involuntary deductions shall not be initiated for the remaining term of this Agreement even if a majority of the Fall employees covered hereby voluntarily authorized withholding in accordance with Section 1 of this Article. C.) The Employer shall take such steps as maybe required to accomplish any wage, withholding, authorized or required by Sections 1 and Spring semesters (Payrolls 5 2 hereof 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 shall do such things as are necessary to cause said withholding to be given remitted to the College who have either elected collective bargaining agents within thirty (30) calendar days after the dates of withholding, provided nothing contains in this Article shall require the Employer to have full (or local only) union dues make any withholding unless and fair share fees deducted from their pay. The Adjunct Faculty Association President shall then submit to until the Administration a list of adjunct faculty members who meet Union has notified the conditions of Association membership due to courses that begin prior to Payroll 5 Employer of the fall semester or Payroll 15 address to which the amount so withheld should be sent and has certified the amount 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. B. The Board shall deduct the fair share fee from to be withheld, both within sufficient time to permit the wages of Employer to carry out its obligations to so withhold. The amount withheld shall not change until the non-memberUnion notifies the Employer that a different fair share amount should be collected. C. Such fee D.) Parties hereto agree that the fair share payments hereunder shall be paid to used for the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:purposes only; 1. The Employer gives prompt notice of such action in writing Expenses relating to the Association and permits the Association intervention as a party if it so desires, andnegotiations of this Agreement. 2. The Employer gives full and complete cooperation Expenses relating to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsadministration of this Agreement. E. The Association agrees that in any action so defended, it will indemnify and hold harmless the Employer from any liability for damages and costs imposed by a final judgment 3. Expenses relating to adjustment 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Articlegrievances filed here under. F. The Association shall certify 4. Expenses otherwise permitting by law 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 calculation of be included in the fair share fee. The Association payment provided that in no event shall further certify to any such payments be utilized for the Board that “Notice purpose 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 supporting a pro-rata basis from the earnings political or ideological activities 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 Union, including contributions related to the election elections 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 . E.) Said fair share paymentpayments shall not exceed the dues paid voluntarily to the Union by employees covered hereby. G. This F.) In the event any employee required involuntarily to make a 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. H. Non-members who object to payment hereby disputes the amount of the fair share fee have the right withheld pursuant to file objections with the Illinois Educational Labor Relations Board.this Article, said employee may within thirty

Appears in 1 contract

Samples: Labor Agreement

Fair Share. A. Each 1 MTI shall save the Board and the District harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise should an employee not have sufficient funds available to cover said deduction. Amounts deducted pursuant to this provision shall be forwarded directly by the District to the authorized carrier. This provision shall not be operative until at least fifty (50) employees elect to so participate. 2 MTI shall save the Board and the District harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise should an employee not have sufficient funds available to cover said deduction. MTI shall provide a listing, per District format, by the 15th of each month of the deductions to be taken. Amounts deducted pursuant to this provision shall be forwarded directly by the District to MTI and MTI shall be required to forward the amounts deducted to the authorized carrier. This provision shall not be operative until at least fifty (50) employees elect to so participate. a. Personnel in the bargaining unit member who, as described herein who do not voluntarily become members of October 1, fall semester and/or March 1, spring semester, Madison Teachers via cash payment or as a result who have not authorized the deduction of late start courses, meets dues pursuant to the conditions set forth in paragraph 2 above, are required to pay their proportionate share of Association membership defined in Article Ithe cost of the collective bargaining process and the administration of this collective bargaining agreement, 1.1 shall, as a condition of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to measured by the amount of dues uniformly required of all members of Madison Teachers and in that regard, the AssociationBoard, including local, state and national dues. Following shall deduct such amount from the fifth pay period payroll check of the Fall and Spring semesters (Payrolls 5 and 15), the Administration bargaining unit personnel involved. The Employer will provide the Association Madison Teachers with a list of all adjunct and part-time faculty who have received teaching assignmentsemployees from whom such deductions are made with each monthly remittance. The Association will prepare a list of adjunct and part-time faculty to As new employees are hired during the year, the first dues or Fair Share deductions shall be given to the College who have either elected to have full (or local only) union dues and fair share fees deducted made from their payfirst paycheck. 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. B. The Board shall deduct the fair share fee from the wages of the non-member. C. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought Changes in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Employer gives prompt notice of such action in writing to the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of 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 dues or Fair Share 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 calculation of 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 be deducted shall be made until at least fourteen certified by Madison Teachers forty-five (1445) days after such certification. Such fair share payments shall before same is to 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 paymenteffective. 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 strength of traditional religious views. 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 employee affected and the Association, or if no mutual agreement is reached, from 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 1 contract

Samples: Collective Bargaining Agreement

Fair Share. A. Each bargaining 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 of employment, join the Adjunct Faculty Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of . All employees covered by this Agreement who are not members of the AssociationFederation, including localcommencing on the effective date of this Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non- members of the Federation shall pay to the Federation each month their fair share of the costs of the services rendered by the Federation that are chargeable to non-members under state and national duesfederal law. 2. 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 Such fair share fees payment by non-members shall be deducted from their pay. The Adjunct Faculty Association President shall then submit to by 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. B. The Board shall deduct the fair share fee from the wages earnings of the non-member. C. Such fee shall be paid member employees and remitted to the Association by the Board no later than ten (10) days following deduction. D. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselFederation, provided: 1. The Employer gives prompt notice of such action in writing to , however, that the Association and permits the Association intervention as a party if it so desires, and 2. The Employer gives 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 agrees that in any action so defended, it will indemnify and hold harmless the Employer 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, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article. F. The Association Federation shall certify to the Board the amount of the annual a fair share fee, amount not to exceed the dues uniformly required of members of in conformity with state law and Labor Board rules. Such certification will include the Association. The Association acknowledges its obligation to provide non-members with the basis for the calculation amount of the fair share feefee 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 Association Board shall further certify cooperate with the Federation to ascertain the Board that “Notice names of Fair Share” has been posted in accordance with IELRB rules and regulations. No payroll deduction all employee non-members of fair share fees shall be made until at least fourteen (14) days after such certification. Such the Federation from whose earnings the fair share payments shall be deducted 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 Board 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 a pro-rata basis from the earnings refund during pendency of the non- members on action pursuant to IELRB procedures. 6. Upon adoption of any Federation internal procedure to review challenges and appeals to its fair share fees, the same time schedule as Association dues and be paid to Federation shall supply the AssociationBoard with a copy. In addition, the Federation shall advise the Board of subsequent changes therein. 7. The amount certified by parties expressly recognize their obligations to and the Association shall not include any fees for contributions related to 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 election or support of any candidate for political officeIllinois Educational Labor Relations Act. 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 If a nonmember employee declares the right of non-association of employees based upon bona fide religious tenets or teaching teachings of a church or religious body of which the employee is a member, such employees are members or a belief sincerely held with the strength of traditional religious views. Such employees may employee shall be required to pay an amount equal to their fair his or her proportionate share under this Agreement to a non-religious nonreligious charitable organization mutually agreed upon by the employee affected and the AssociationFederation. If the employee and the Federation are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the IELRB in accordance with its rules. 8. The Federation shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits, judgments, administrative decisions, or if other forms of liability (monetary or otherwise), including, but not limited to, attorney fees, court costs and interest that shall arise out of or by reason of any action taken or not taken by the Board for the purposes of complying with any of the provisions of this Article, or in reliance on any list, notice, certification, affidavit, assignment or 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 mutual agreement is reachedway be construed to abridge or waive any of the rights, from an approved list privileges, or protections of charitable organizations 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 the Illinois Educational Labor Relations Boardstate, 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. H. Non-members who object 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 amount sole purpose of the fair share fee have the right to file objections bringing this Article into compliance with the Illinois Educational standards or rulings of said Labor Relations BoardBoard or court.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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