Common use of Fair Share Clause in Contracts

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. 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 including attorney's 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 of any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. 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 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 8 contracts

Sources: Bargaining Agreement, Unit B Faculty Bargaining Agreement, Bargaining Agreement

Fair Share. a. The BoardUniversity, having been provided the appropriate showing of interest by the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board University a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by the Board University from the earnings of the non-member employees and remitted to the Union within 10 ten (10) working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board University shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. 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 including attorney's fees and costs cost 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 of any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. 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 Union and the Board University 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 8 contracts

Sources: Bargaining Agreement, Faculty Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided It is recognized that the appropriate showing of interest Association’s duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by the Union, agrees that all employees covered by this Agreement teachers who are beneficiaries of said Agreement. To this end, if a teacher does not members join the Association, such teacher will: 1. Execute an authorization for the deduction of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the Union, shall pay a sum equivalent to the Union each month their fair proportionate share of the costs cost of the services rendered by the Union that are chargeable Association in the same manner as provided in Section 2.2 of Article II; or 2. Pay directly to non-members under state and federal law. This provision shall be in effect for the duration Association a like sum. A. In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the teacher or the effective date of this Agreement, whichever is later, the Board shall deduct such amount in equal payments from the regular salary check of the teacher in the same manner as provided in Section 2.2 of Article II. b. B. The Union shall certify to Association, the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objectionsIllinois Education Association, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedurethe National Education Association agree to defend, the Union shall supply the University with a copy. In additionat their own expense and through their own counsel, the Union shall advise the University of subsequent change therein. g. The Union shall indemnify and hold harmless the BoardBoard harmless, its members, officers, agents, and employees from and against any and all claims, demands, actionssuits, complaints, suits damages or other forms form of liability including attorney's fees and costs that shall which may arise out of, or by reason of any action taken by the Board for the purpose of in complying with the above provisions of this ArticleSection, provided: 1. The Board promptly notifies the Association in writing of any claim, demand, suit, damages or other form of liability with respect to which it seeks to enforce the indemnification provisions of this Section, and permits the Association to intervene as a party if it so desires; and 2. The Board gives full cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available for defense purposes; and 3. This indemnification provision shall not apply to any claim, demand, suit, damages, or in reliance other form of any listliability which may arise as a result of the Board’s failure to comply with the obligations imposed upon it by this Section. C. The Association shall annually certify to the Board the amount constituting each non-member employee’s share, notice, certification, affidavit, or assignment furnished which amount shall include only such expenses expended for collective bargaining and contract writing by the Union under Association president and submitted to the business office on September 1 of each year. In the event a teacher objects to the amount of such fee, the Board shall transmit the fee to the Illinois Educational Labor Relations Board for retention in an escrow account pending final determination on the appropriateness of the fee imposed. Such determination shall be made by the Illinois Educational Labor Relations Board in accordance with Part 1125, Fair Share Fee Objections, of their rules and regulations. If the Teacher is entitled to a refund, the teacher shall receive such refund from the IELRB plus any such provisionsinterest earned on the refund during pendency of the action. h. If▇. ▇▇ a non-member teacher declares the right of non-association based upon a bona fide religious body of which such teacher is a member, during such teacher shall be required to pay an amount equal to the term teacher’s proportionate share to a non-religious charitable organization mutually agreed upon by the teacher and the Association. If the teacher and the Association are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 3. If a staff member’s employment by the District is limited to handling only extra-curricular assignments, the provisions of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of Agreement pertaining to Fair Share payments as contained in this Article void or II, Section 2.5, shall not enforceable, the Union and the Board agree be applicable 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 courtthat staff member.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The BoardEach employee, having been provided as a condition of their employment, on or before thirty (30) days from the appropriate showing date of interest by commencement of duties or the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term effective date of this Agreement, so long as they remain non-members of the Unionwhichever is later, shall join the Association or 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share fee to the Association equivalent to the amount not to exceed the of dues uniformly required of members in conformity with federal of the Association, including local, state, and state law and Labor Board rules. c. Such national dues. In the event that the employee does not pay their fair share payment fee directly to the Association by non-members shall be deducted a certain date as established by the Association, the Board shall deduct the fair share fee from the earnings wages of the non-member employees and remitted member. Such fee shall be paid to the Union within 10 working Association by the Board no later than ten (10) days following deduction. In the event of said deduction unless required any legal action against the employer brought in a court or administrative agency because of its compliance with the Article, the Association agrees to remit a fee defend such action, at its own expense and through its own counsel, provided: 1. The employer gives immediate notice of such action in writing to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objectionsAssociation, and related matters contained 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 its fair share rules. f. Upon adoption of securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any Union internal appeal procedureaction so defended, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union shall it will indemnify and hold harmless the BoardEmployer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the employer’s compliance with this article. It is expressly understood that this save harmless provision will not apply to any claim, its membersdemand, officerssuit, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms form of liability including attorney's fees and costs that shall which may arise out of, or by reason as a result of action taken any type of willful misconduct by the Board for or the purpose Board’s imperfect execution of complying with the above provisions of obligations imposed upon it by this Article. The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bonafide religious ▇▇▇▇▇ of teaching of a church or in reliance religious body of any listwhich the employee is a member, notice, certification, affidavit, or assignment furnished by objects to the Union under any such provisions. h. If, during payment of a fair share fee to the term Association. Upon proper substantiation and collection of this Agreementthe entire fee, the Labor Board or Association will make payment on behalf of the employee to a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union mutually agreeable non-religious charitable organization as per Association policy and the Board agree to convene negotiations on this matter immediately for Rules and Regulations of the sole purpose of bringing this Article into compliance with the standards or rulings of said Illinois Educational Labor Board or courtRelations Board.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The BoardDuring the term of this Agreement, having been employees who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the employees covered by said Agreement, provided the appropriate showing fair share fee shall not exceed the dues attributable to being a member of interest the Association. Such fair share fees shall be deducted by the Union, agrees that all Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the Board a list of the employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, Association and an affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based upon their initial appointment, and continuing during the term of this Agreement, so long as they remain bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered religious charitable organization mutually agreed upon by the Union that are chargeable to non-members under state employee and federal lawthe Association. This provision shall be in effect for If the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by the Board from the earnings of the affected non-member employees and remitted the Association are unable to reach agreement on the Union within 10 working days of said deduction unless required to remit a fee to organization, the Labor Board for escrow. d. The University organization shall provide be selected by the Union with the names of all employee affected non-members member from an approved list of charitable organizations established by the Union from whose earnings Illinois Educational Labor Relations Board and the fair share payment shall be deductedmade to said organization. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union Association shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs (monetary or otherwise) that shall arise out of, of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any of such provisions. h. If, during . The Board shall promptly notify the term of this Agreement, Association if there is any lawsuit or other legal challenge to the Labor Board or a court of competent jurisdiction rules any part provisions of this Article void or not enforceableand the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the Union and Board shall have the Board agree right to convene negotiations on this matter immediately for designate its own legal counsel in any such legal proceedings, subject to the sole purpose approval of bringing this Article into compliance the Association, which approval shall not be unreasonably withheld, if such designation becomes necessary to protect its own interests, with the standards or rulings understanding that these indemnification provisions shall cover the cost of said Labor Board or courtsuch representation.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all a) All employees covered by this Agreement who are not members of the UnionUNION, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionUNION, shall pay to the Union UNION each month their fair share of the costs of the services rendered by the Union UNION that are chargeable to non-members under state and federal law. This provision . b) Such fair share payment by non-members shall be in effect for deducted by the duration BOARD from the earnings of this Agreement. b. The Union the non-member employees and remitted to the UNION, provided, however, that the UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members c) The BOARD shall be deducted by cooperate with the Board from the earnings of the non-member employees and remitted UNION to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee non-non- members of the Union UNION from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. d) The Union UNION shall cause to be posted a notice concerning the fair share fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. e) Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University BOARD with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. f) 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 Union 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 BoardBOARD, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for BOARD or the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, h) 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 Union UNION and the Board 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

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union, provided, however, that the Union within 10 working days shall submit to the Board an affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required of members of the Union. C. Upon receipt of said deduction unless required to remit a fee to affidavit the Labor Board for escrow. d. The University shall provide cooperate with the Union with to ascertain the names of all employee non-members of the Union from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. D. The Union shall cause to be posted a notice contain the fair share fee information specified in Section B above and Board shall comply 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 rules Illinois Educational Labor Relations Board. E. If an ultimate decision in any proceeding hereunder directs that the amount of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedurefee should be lower than the amount fixed by the Union, the Union shall supply promptly adopt said determination and notify the University with a copy. In addition, Board to reduce deductions from the Union shall advise the University earnings of subsequent change thereinnon-members to said prescribed amount. g. F. The Union shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, 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 of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, G. If during the term of this Agreement, the Labor Board or of a court of competent jurisdiction rules any part of this 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 ruling of said Labor Board or court. H. Any employee objecting to the Fair Share Fee based upon bona fide religious tenets or teaching of a church or religious body of which such employee is a member shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the employee and the Union, or in the absence of such agreement, to an organization on the approved list of charitable organizations established by the Illinois Educational Labor Relations Board.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees All Teachers covered by this Agreement who are not members of the UnionAssociation, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionAssociation, shall pay to the Union Association each month their fair share of the costs of the services rendered by the Union Association that are chargeable to non-members under state and federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees Teachers and remitted to the Union within 10 working days Association provided, however, that the Association shall submit to the Administration a fair share fee certification form in accordance with IELRB requirements, including a description of how the fair share fee was calculated and an acknowledgment that non-members retain the right to object to the amount of the fair share fee by filing an objection with the IELRB. Upon receipt of said deduction unless required affidavit the Board shall cooperate with the Association to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee Teacher non-members of the Union Association from whose earnings the fair share payment payments shall be deducted. It The Association shall also provide the Union space cause to post be posted in all work locations a notice concerning containing the fair share fee information specified above and appeal procedures. e. The Union and Board shall comply with advising that any non-member may object to the rules amount of the Labor Board concerning notice, objections, and related matters contained in its fee by filing a fair share rules. f. Upon adoption fee objection. If an ultimate decision in any proceeding hereunder directs that the amount of any Union internal appeal procedurethe fair share fee should be lower than the amount fixed by the Association, the Union Association shall supply promptly adopt said determination and notify the University with a copyBoard and reduce deductions from the earnings of non- members to said prescribed amount. In addition, the Union shall advise the University of subsequent change therein. g. The Union Association shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees Teachers from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, of or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, provision. 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 Union Association 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 ruling of said Labor Board or court. Any Teacher objecting to the Fair Share Fee based upon bona fide religious tenets or teaching of a church or religious body of which such Teacher is a member, shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the Teacher and the Association, or in the absence of such agreement, to an organization on the approved list of charitable organizations established by the IELRB. The annual amount to be deducted will be determined by the Association. Equal deductions will be made from each paycheck. The deduction shall commence on November 15th and finish on June 30th of the following year (sixteen (16) paychecks). In the event that a Teacher resigns or is terminated from the employment of the Board, or requests a leave of absence from the Board prior to termination of the current authorization, the Board shall deduct the unpaid portion from his/her final paycheck. If final paycheck does not cover the unpaid balance, the Association shall be held liable.

Appears in 2 contracts

Sources: Professional Agreement, Professional Agreement

Fair Share. a. A. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees Employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the first day of this Agreement, or upon their initial appointment, and continuing during the term of this Agreement, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Illinois Educational Labor Relations Board rules. c. C. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees Employees and remitted to the Union within 10 ten (10) working days of said deduction unless required to remit a fee to the Illinois Educational Labor Relations Board for escrow. d. D. The University Board shall provide the Union with the names of all employee non-members Employee nonmembers of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. E. The Union and Board shall comply with the rules of the Illinois Educational Labor Relations Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change therein. g. 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 including attorney's ’s fees and costs cost 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 of any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. H. If, during the term of this Agreement, the Illinois Educational Labor Relations Board 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 Illinois Educational Labor Relations Board or court.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement (except employees who were not Union members as of July 1, 1985) who are not members of the UnionUnion shall, commencing on September 1, 1996, or upon their initial appointment, 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 federal law. This provision Fair share provisions shall apply to all employees who have been union members, but elect to discontinue membership. Deductions for fair share will commence after proper notification of the Board and membership, but will not be in effect for the duration of this Agreementretroactive. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment payments by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union, provided, however, that the Union within 10 working days shall submit to the Board an affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required of members of the Union, 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. C. Upon receipt of said deduction unless required to remit a fee to affidavit the Labor Board for escrow. d. The University shall provide cooperate with the Union with to ascertain the names of all employee non-members of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations. D. The Union shall also provide prepare 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: (1) filing an unfair labor practice charge against the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules Illinois Educational Labor Relations Board and serving a copy of the charge on the Union, as provided in the Rules of the Labor Board concerning noticeBoard, objections, and related matters contained in its fair share rulesor (2) taking any other action available to them by law. f. E. Upon adoption the Union's receipt of notice of an objector's invocation of any Union internal appeal procedureprocedure described above, the Union shall supply deposit in an escrow account, separate from all other Union funds, the University amount of fee payments received on behalf of an objector or objectors that is fairly placed at issue by the objection(s). The Union shall furnish objectors and the Board with verification of the terms of the escrow arrangement and, upon request, the status of the fund as reported by the bank. The escrow fund will be established and maintained by a copy. In additionreputable independent bank or trust company, and the agreement, therefore, shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed funds be outside of the Union's control until the final disposition as provided for herein; and that the escrow fund will terminate and the fund therein be distributed only by the terms of an ultimate award, determination, or judgement, including any appeals, or by the terms of a mutually agreeable settlement between the Union and an objector or group of objectors. F. 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 advise promptly adopt said determination and notify the University Board to reduce deductions from the earnings of subsequent change thereinnon-members to said prescribed amount. g. 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 suits, or other forms of liability liability, including attorney's fees and the costs of defense thereof, 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 Articlearticle, or in reliance of on any list, notice, certification, affidavit, or assignment reassignment furnished by the Union under any such provisions. h. If, during ; or which might arise pertaining to the term of this Agreement. It is, therefore, understood that, in the event of any judicial or administrative proceeding involving this Article at which the appearance of the Board is necessary, or which requires the expenditure of any costs or fees by the Board, the Labor Board may select counsel of its choosing, and the "cost of defense" includes the Board's reasonable attorney's fees, and the Union shall reimburse same to the Board. H. Employees who object to payment of fair share amounts to the Union, based on bona fide religious tenets or teachings of a court church or religious body of competent jurisdiction rules any part of which such employees are members, are not required to make these fair share payments. Instead, such employees will be required to pay an amount equal to their proportionate share, determined under this Article void or not enforceableAgreement, to a non- religious charitable organization mutually agreed upon by the objecting employee and the Union. If the employee and the Union are unable to reach an agreement on the matter, the Union and the Illinois Educational Labor Relations Board agree list of charitable organizations to convene negotiations on this matter immediately which such payments may be made will be used for the sole purpose employee to select a charitable organization as recipient of bringing this Article into compliance with the standards or rulings of said Labor Board or courthis/her payments.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the UnionU2CT who commence their employment beginning with the 1989-90 school year, commencing on September 1, 1996, or upon their initial appointment, and continuing continue during the term of this Agreement, so long as they and remain non-members of the Union, U2CT shall pay to the Union U2CT each month their fair share of the costs of the services rendered by the Union U2CT that are chargeable to the non-members under state and federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee U2CT provided, however, that the U2CT shall certify to the Board of a fair share amount not to exceed the dues uniformly required of members in conformity with the state law and Labor Board for escrowrules. d. C. The University U2CT shall provide the Union with ascertain the names of all employee non-members of the Union U2CT from whose earnings the fair share payment payments shall be deducted. It , which shall also provide be transmitted, in writing, to the Union space Superintendent of Schools. D. The U2CT shall cause to post be posted a notice concerning the fair share and appeal procedures. e. The Union fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. E. Upon adoption of any Union a U2CT internal appeal procedure, the Union U2CT shall supply the University Superintendent with a copy. In addition, the Union U2CT shall advise the University Superintendent of subsequent change changes therein. g. F. Upon receipt of formal notice of an objection of unfair labor practice charge to 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 Union U2CT shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actionsaction, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this the Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, H. If during the term of this Agreement, the Labor Board or of a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union U2CT and the Board agree to convene negotiations if so ordered by competent jurisdiction on this matter immediately 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 courtCourt. 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

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on 1. Beginning September 1, 19962001, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members each bargaining unit employee who is not a member of the Union, Association shall be obligated to pay to the Union each month their Association, as a condition of employment, a “fair share fee” for the Association’s efforts with respect to collective bargaining, labor contract enforcement, and grievance resolution. Each bargaining unit employee who is a member of the costs Association as of September 1, 2001, thereafter must remain a member of the services rendered by Association, with payroll deduction of dues, or shall be obligated to pay to the Union that are chargeable Association, as a condition of employment, a “fair share fee” for the Association’s efforts with respect to non-members under collective bargaining, labor contract enforcement, and grievance resolution. This obligation does not require any person in the bargaining unit to become or remain a member of the Association, nor shall the fair share fee exceed Association dues covering the same period of time. 2. The Association’s procedures regarding the collection of agency fees, and its rebate procedures, shall be in accordance with all applicable state and federal law. This provision shall be in effect for laws and the duration Constitution of this Agreementthe United States and the State of Ohio. b. 3. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required deduction of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted an agency fee by the Board from the earnings payroll check of the non-member employees employee and remitted its payment to the Union within 10 working days Association is automatic and does not require written authorization of said the employee. The deduction unless required to remit a fee to the Labor Board shall commence November 15th and continue for escrowtwenty (20) consecutive pays. d. 4. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union Association shall indemnify and hold harmless save the Board, its individual Board members, its officers, agents, and its employees from and harmless against any and all claims, demands, actionssuits, complaints, suits or other forms of liability including attorney's fees and costs that shall arise arising out of, of any action taken or by reason of action not taken by the Board or its officers or employees for the purpose of complying with any of the above provisions of this ArticleSection, or in reliance provided that: a. The Board shall give thirty (30) day written notice of any listclaim made or action filed against the employer by a non-member for which indemnification may be claimed; b. The Association shall reserve the right to designate counsel to represent and defend the employer on matters pertaining to indemnification; c. The Board agrees to (1) give full and complete cooperation and assistance to the Association and its counsel at all levels of the proceedings, notice(2) permit the Association or its affiliates to intervene as a party if it so desires, certification, affidavit, or assignment furnished by the Union under any such provisions. h. 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 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.and/or

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Fair Share. a. 1. The Board, having been provided the appropriate showing provisions of interest by the Union, agrees that all this Article apply only to employees covered by this the Agreement who are not hired after the effective date of this Agreement and to employees who are Union members as of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term effective date of this Agreement, so long but who subsequently resign from the Union. The Provisions of this Article do not apply to employees who are not Union members as they remain of the effective date of this Agreement. Employees covered by this Article shall be referred to below as “covered non- members.” 2. Such fair share payment by non-members shall be deducted by the Board from the earnings of the “covered non-member” employees and remitted to the Union, shall pay to provided, however, that 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members 3. The Board shall be deducted by the Board from the earnings of the non-member employees and remitted to cooperate with the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee “covered non-members members” of the Union from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. 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 shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. 5. Upon adoption of any Union a union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. 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 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 including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, 8. 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 Union and the Board agree to convene negotiations on this matter 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

Sources: Master Agreement, Master Agreement

Fair Share. a. The BoardA. Each educational employee as defined in the Educational Labor Relations Act of Illinois, having been provided whether or not such employee chooses to join the appropriate showing of interest by the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the UnionHEA, shall pay to the Union each month their HEA a fair share of the costs of the fee for services rendered by the Union HEA. B. In the event that are chargeable the educational employee does not pay his/her fair share fee directly to non-members under state and federal law. This provision shall be in effect for the duration HEA (within 30 days from the date of this Agreement. b. The Union ), the HEA shall certify to the School Board a fair share amount an amount, not to exceed the dues or amounts uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such of the HEA, which amounts shall constitute each non-member employee’s fair share payment by non-members fee. The Board shall be deducted by the Board deduct from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment fee certified and shall be deductedpay the same to the HEA subject to the following: --The amounts certified by the HEA shall not include any fees for contributions related to the election or support of any candidate for political office. It --Nothing in this Article shall also provide preclude any non-member employee of the Union space to post a notice concerning school Board from making voluntary political contributions in conjunction with his/her fair share payment. --Educational employees who certify in writing, under oath, that they cannot consent to payment of fair share fees to the HEA based upon religious tenants or the teaching of a church or religious body of which they are members may be required to pay an amount equal to their fair share fee, certified as above set forth, to a non-religious charitable organization mutually agreed upon by the employee affected and appeal proceduresthe HEA to which organization the employee would otherwise pay such fee. e. C. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union HEA shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs (monetary or otherwise) that shall arise out of, of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any of such provisions. h. If, during . The Board shall promptly notify the term of this Agreement, HEA if there is any lawsuit or other legal challenge to the Labor Board or a court of competent jurisdiction rules any part provisions of this Article void or not enforceableand the HEA, upon such notice being given, shall have the right to designate legal counsel to defend such action, subject to the approval of the Board. Further, the Union and Board may designate its own legal counsel in any such proceedings, subject to the approval of the HEA if such designation becomes necessary in the opinion of the Board agree to convene negotiations on this matter immediately protect its own interests. The indemnification provisions hereof shall cover the cost for such representation. D. Approval of the sole purpose HEA’s designation of bringing this Article into compliance with counsel by the standards or rulings Board, and approval of said Labor Board or courtthe Board’s designation of counsel by the HEA, shall not be unreasonably withheld.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board2.1 Effective upon ratification, having been provided Union members may authorize the appropriate showing of interest Board to deduct Union dues and COPE contributions from payroll on a regular basis and remit monthly. Such authorization may be terminated by the Union, agrees that individual giving thirty days’ written notice to both parties. The Union members and/or Local 943 of the AFT agree to save and hold harmless the board from any and all employees liabilities incurred as a result of this paragraph. 2.2 All regularly employed bargaining unit members covered by this Agreement agreement who are not members of the UnionUnion shall, commencing on September 1sixty (60) days after their employment or the ratification of this Agreement, 1996, or upon their initial appointmentwhichever is later, and continuing during the term of this Agreement, the Agreement and so long as they remain non-members of the Union, shall pay to the Union each month their fair proportionate share of the costs cost of the services rendered collective bargaining process and contract administration measured by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect for the duration amount of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required by members of members in conformity with federal and state law and Labor Board rules. c. the Union. Such fair proportionate share payment by non-members payments shall be deducted by the Board from the earnings of the non-member full-time employees and remitted be paid to the Union within 10 working days of said deduction unless required to remit a fee each pay period except as may be provided otherwise by law for those employees with bona fide religious objections. The Union shall submit to the Labor Board for escrow. d. The University an affidavit which specifies the amount which constitutes said proportionate share, which amount shall provide not exceed the Union with the names dues uniformly required of all employee non-members of the Union from whose earnings the fair share payment shall be deductedUnion. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union shall indemnify and hold harmless the BoardBoard of Education, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's but not limited to damages, attorneys’ fees and costs that shall arise out of, of or by reason of action taken by the Board for the purpose of complying with the above provisions of this Article, Article or in reliance of on any list, notice, certification, affidavit, affidavit or assignment furnished by the Union under any of such provisions. h. If, during the term 2.3 Any employee may join any employee organization of this Agreement, the Labor Board 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 courthis/her own choosing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The BoardEach employee, having been provided as a condition of their employment, on or before thirty (30) days from the appropriate showing date of interest by commencement of duties or the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term effective date of this Agreement, so long as they remain non-members of the Unionwhichever is later, shall join the Association or 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share fee to the Association equivalent to the amount not to exceed the of dues uniformly required of members in conformity with federal of the Association, including local, state, and state law and Labor Board rules. c. Such national dues. In the event that the employee does not pay their fair share payment fee directly to the Association by non-members shall be deducted a certain date as established by the Association, the Board shall deduct the fair share fee from the earnings wages of the non-member employees and remitted member. Such fee shall be paid to the Union within 10 working Association by the Board no later than ten (10) days following deduction. In the event of said deduction unless required any legal action against the employer brought in a court or administrative agency because of its compliance with the Article, the Association agrees to remit a fee defend such action, at its own expense and through its own counsel, provided: 1. The employer gives immediate notice of such action in writing to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objectionsAssociation, and related matters contained 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 its fair share rules. f. Upon adoption of securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Association agrees that in any Union internal appeal procedureaction so defended, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union shall it will indemnify and hold harmless the BoardEmployer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the employer’s compliance with this article. It is expressly understood that this save harmless provision will not apply to any claim, its membersdemand, officerssuit, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms form of liability including attorney's fees and costs that shall which may arise out of, or by reason as a result of action taken any type of willful misconduct by the Board for or the purpose Board’s imperfect execution of complying with the above provisions of obligations imposed upon it by this Article. The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bonafide religious ▇▇▇▇▇ of teaching of a church or in reliance religious body of any listwhich employee is a member, notice, certification, affidavit, or assignment furnished by objects to the Union under any such provisions. h. If, during payment of a fair share fee to the term Association. Upon proper substantiation and collection of this Agreementthe entire fee, the Labor Board or Association will make payment in behalf of the employee to a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union mutually agreeable non-religious charitable organization as per Association policy and the Board agree to convene negotiations on this matter immediately for Rules and Regulations of the sole purpose of bringing this Article into compliance with the standards or rulings of said Illinois Educational Labor Board or courtRelations Board.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the UnionUNION, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-non- members of the UnionUNION, shall pay to the Union UNION each month their fair share of the costs of the services rendered by the Union UNION that are chargeable to non-members under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members shall be deducted by the Board BOARD from the earnings of the non-member employees and remitted to the Union UNION within 10 working ten (10) work days of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University BOARD shall provide cooperate with the Union with UNION to ascertain the names of all employee non-members of the Union UNION from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union UNION space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union UNION and Board the BOARD shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University BOARD with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. G. The Union UNION shall indemnify and hold harmless the BoardBOARD, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union UNION under any such provisions. h. H. 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 Union UNION and the Board 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

Sources: Collective Bargaining Agreement

Fair Share. a. ‌ (a) The Board, having been Employer shall grant "Fair Share" to the Labor Council in accordance with Sections 6(e)-(g) of the Illinois Public Labor Relations Act upon a satisfactory demonstration to the Employer that the Labor Council has provided the appropriate showing of interest by the Unionemployee with an opportunity to submit a signed, agrees that all employees covered by this Agreement who are not members of the Unionvoluntary, commencing on September 1, 1996, or upon their initial appointmentdues deduction form, and continuing during that said employee is at least thirty (30) days delinquent in the term voluntary payment of this Agreement, 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 federal lawdues. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed be deducted shall be set by the dues uniformly required of members in conformity with federal and state law and Labor Board rulesCouncil. c. (b) Such fair share payment by non-members shall be deducted by the Board Employer from the earnings of the non-member employees and remitted to an address provided by the Union within 10 working days Labor Council; provided, however, that the Labor Council shall certify the amount constituting said fair share, not exceeding the dues uniformly required of said deduction unless required to remit a fee members of the Labor Council, is in compliance with the requirements established by the United States Supreme Court in ▇▇▇▇▇▇, 106 U.S. 1066 (1986), with respect to the Labor Board for escrowconstitutional rights of fair share fee payors. d. The University (c) Upon receipt of such certification, the Employer shall provide the Union cooperate with the names Labor Council to ascertain the names, addresses and the work locations of all employee members and non-members of the Union bargaining unit from whose earnings the dues or fair share payment payments shall be deducted. It shall also provide . (d) Upon the Union space Labor Council's receipt of notice of a formal objection by a nonmember to post a notice concerning the fair share amount, the Labor Council shall deposit in an escrow account, separate from all other Labor Council funds, all fees being collected from non- Labor Council employees which are in dispute. Upon request, the Labor Council shall furnish objectors and appeal procedures. e. the Employer with verification of the terms of the escrow arrangement; and, upon request, the status of the fund as reported by the bank. The Union escrow fund will be established and Board maintained by a reputable independent bank or trust company and the agreement therefore shall comply with provide that the rules escrow accounts be interest bearing at the highest possible rate; that the escrowed funds be outside of the Labor Board concerning notice, objections, Council control until the final disposition of the objection; and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, that the Union shall supply escrow fund will terminate and the University with a copy. In addition, the Union shall advise the University of subsequent change therein. 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 including attorney's fees and costs that shall arise out of, or by reason of action taken fund therein be distributed by the Board for terms of a mutually agreeable settlement between the purpose Labor Council and an objector or group of complying with the above provisions of this Articleobjectors, or in reliance the event no such settlement is reached, the decision of a neutral arbitrator. (e) If an ultimate decision in any list, notice, certification, affidavit, proceeding under state or assignment furnished federal law directs that the amount of the fair share should be different than the amount fixed by the Union under any such provisions. h. If, during the term of this AgreementLabor Council, the Labor Board or a court Council shall promptly adopt said determination and notify the Employer to change deductions from the earnings of competent jurisdiction rules any part of this Article void or not enforceable, the Union and the Board agree non-members 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 courtprescribed amount.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the UnionUNION, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionUNION, shall pay to the Union UNION each month their fair share of the costs of the services rendered by the Union UNION that are chargeable to non-non- members under state and federal law. This provision shall be in effect for ; provided that no less than 75% of the duration of this Agreementbargaining unit joins the UNION. b. B. The Union UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members shall be deducted by the Board BOARD from the earnings of the non-member employees and remitted to the Union UNION within 10 working ten (10) work days of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University BOARD shall provide cooperate with the Union with UNION to ascertain the names of all employee non-members of the Union UNION from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union UNION space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union UNION and Board the BOARD shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University BOARD with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. G. The Union UNION shall indemnify and hold harmless the BoardBOARD, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union UNION under any such provisions. h. H. 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 Union UNION and the Board 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. I. If, at any time, during the terms of this Agreement, UNION membership is less than 75% of the total number of employees in the bargaining unit, then this fair share provision shall be automatically deleted from the Agreement effective on the next July 1st anniversary date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees All tenured teachers are covered by this Agreement fair share provision. A. All teachers covered by this Fair Share provision who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees teachers and remitted to the Union, provided, however, that the Union within 10 working days shall submit to the Board an affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required of members of the Union. C. Upon receipt of said deduction unless required to remit a fee to affidavit the Labor Board for escrow. d. The University shall provide cooperate with the Union with to ascertain the names of all employee non-members of the Union from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. D. The Union shall cause to be posted a notice containing the fair share fee information specified in Section B above and Board shall comply 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 rules Illinois Educational Labor Relations Board. E. If an ultimate decision in any proceeding hereunder directs that the amount of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedurefee should be lower than the amount fixed by the Union, the Union shall supply promptly adopt said determination and notify the University with a copy. In addition, Board to reduce deductions from the Union shall advise the University earnings of subsequent change thereinnon-members to said prescribed amount. g. F. The Union shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, 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 of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, G. 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 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 ruling of said Labor Board or court. ▇. 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 employee is a member shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the faculty member and the Union, or in the absence of such agreement, to an organization on the approved list of charitable organizations established by the Illinois Educational Labor Relations Board. I. 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 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 federal law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members nonmembers 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 nonmembers under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union within 10 working days ten (10) workdays of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members nonmembers of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union and the Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. 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 suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. The Union shall not be responsible for the attorney’s fees of any attorney for the employer other than an attorney employed and supervised or directed by the Union. h. H. 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 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

Sources: Collective Bargaining Agreement

Fair Share. a. The BoardAfter July 1, having been provided the appropriate showing of interest by the Union2013, agrees that all employees covered by this Agreement who are not members of the UnionCouncil, commencing on September 1, 1996, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionCouncil, shall pay to the Union Council each month their fair share of the costs of the services rendered by the Union Council that are chargeable to non-members under state and federal law. This provision Such fair share payment by non-member shall be in effect for deducted by the duration Board from the earnings of this Agreement. b. The Union non-member employees and remitted to the Council provided, however, that the Council shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members . The Board shall be deducted by cooperate with the Board from the earnings of the non-member employees and remitted Council to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee non-non- members of the Union Council from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations, and available space to post a notice concerning fair share. The Council shall cause to be posted a notice concerning the fair share and appeal procedures. e. The Union fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. . Upon adoption of any Union Council internal appeal procedure, the Union Council shall supply the University Board with a copy. In addition, the Union Council shall advise the University Board of subsequent change changes therein. g. . Upon receipt of formal notice of an objection or unfair labor practice charge to the Labor Board, the Council and the Board, hereby, agree to comply with Labor Board rules. The Union 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 Council and the objector(s). The Council shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of of, action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. . 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 Union Council 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. The provisions of the Fair Share Article shall not apply to any person who did not belong to the Council prior to April 1, 2013, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Council.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all ‌ A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members nonmembers 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 nonmembers under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union within 10 working ten (10) work days of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members nonmembers of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union and the Board shall comply with the rules of the Labor Board concerning notice, objections, objections and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. G. The Union shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. The Union shall not be responsible for the attorney’s fees of any attorney for the employer other than the attorney employed and supervised or directed by the Union. h. H. 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 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.. No-Strike‌

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of the Agreement, or upon thirty-one (31) days after their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members nonmembers 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 nonmembers under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Education Labor Relations Board rulesRules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union within 10 working days ten (10) workdays of said deduction unless required to remit a fee to the Educational Labor Relations Board for escrow. d. D. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members nonmembers of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union and the Board shall comply with the rules of the Educational Labor Relations Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. 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 including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. The Union shall not be responsible for the attorney’s fees of any attorney for the employer other than the attorney employed and supervised or directed by the Union. h. H. If, during the term of this Agreement, the Educational Labor Relations Board or a court of competent jurisdiction rules any part of this Article void or not enforceableunenforceable, the Union and the Board agree to convene negotiations on this the matter immediately for the sole purpose of bringing this Article article into compliance with the standards or rulings of said Labor Board or court.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The BoardDuring the term of this Agreement, having been provided employees who are not members of the appropriate showing Association shall commencing sixty (60) days after their employment or sixty (60) days after the effective date of interest this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the UnionAssociation as the exclusive representative of the employees covered by said Agreement, agrees that all provided fair share fee shall not exceed the dues attributable to being a member of the Belvidere Education Support Team (including the Illinois Education Association and the National Education Association). Such fair share fees shall be deducted by the Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the Board a list of the employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, Association and an affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based upon their initial appointment, and continuing during the term of this Agreement, so long as they remain bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered religious charitable organization mutually agreed upon by the Union that employee and the Association. If the affected non- member and the Association are chargeable unable to non-members under state and federal law. This provision reach agreement on the organization, the organization shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted selected by the Board from the earnings of the affected non-member employees from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deductedmade to said organization. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union Association shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs (monetary or otherwise) that shall arise out of, of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any of such provisions. h. If, during . The Board shall promptly notify the term of this Agreement, Association if there is any lawsuit or other legal challenge to the Labor Board or a court of competent jurisdiction rules any part provisions of this Article void or not enforceableand the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the Union and Board shall have the Board agree right to convene negotiations on this matter immediately for designate its own legal counsel in any such legal proceedings, subject to the sole purpose approval of bringing this Article into compliance the Association, which approval shall not be unreasonably withheld, if such designation becomes necessary to protect its own interests, with the standards or rulings understanding that these indemnification provisions shall cover the cost of said Labor Board or courtsuch representation.

Appears in 1 contract

Sources: Basic Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement agreement who are not members of the Union, commencing on September 1, 1996the effective date of this agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreementagreement, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union, provided, however, that the Union within 10 working days of said deduction unless required to remit a fee shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board for escrowrules. d. C. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members of the Union from whose those earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. D. 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 shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. E. Upon adoption of any Union internal Internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. F. 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 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 BoardBoard of Education, its membersmember, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Articlearticle, or in reliance of on any list, notice, certification, affidavit, affidavit or assignment furnished by the Union under any such provisionsprovision. h. If, H. 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 Union and the Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this the Article into compliance with the standards or rulings of said Labor Board or court.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The BoardDuring the term of this Agreement, having been provided employees who are not members of the appropriate showing Association shall commence sixty (60) days after their employment or sixty (60) days after the effective date of interest this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the UnionAssociation as the exclusive representative of the employees covered by said Agreement, agrees that all provided fair share fee shall not exceed the dues attributable to being a member of the Belvidere Educational Support Staff Association (including the Illinois Education Association and the National Education Association). Such fair share fees shall be deducted by the Board from the earnings of nonmembers and remitted to the Association. The Association shall annually submit to the Board a list of the employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, Association and continuing during an affidavit which specifies the term amount of this Agreement, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Nonmembers who object to this fair share fee based upon bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a nonreligious charitable organization mutually agreed upon by the employee and the Association. If the affected nonmember and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected nonmember from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board, and the payment shall be deductedmade to said organization. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union 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 suits, or other forms of liability including attorney's fees and costs (monetary or otherwise) that shall arise out of, of or by reason of any action taken or not taken by the Board for the purpose of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any of such provisions. h. If, during . The Board shall promptly notify the term Association if there is any lawsuit or other legal challenge to the provisions of this AgreementArticle, and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the Labor Board or a court shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of competent jurisdiction rules any part of this Article void or the Association, which approval shall not enforceablebe unreasonably withheld, the Union and the Board agree if such designation becomes necessary to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance protect its own interests, with the standards or rulings understanding that these indemnification provisions shall cover the cost of said Labor Board or courtsuch representation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the Union, shall pay to the Union Association each month their fair share of the costs cost of the services rendered by the Union Association that are chargeable to non-non- members under state State and federal law. This provision The Association shall be in effect for provide the duration Executive Director with the names of this Agreement. b. employees paying fair share. The Union Association shall certify to the Board a the amount of the fair share amount fee, not to exceed the dues uniformly required of members in conformity with federal of the Association, and state law shall supply the Board and Labor Board rules. c. Such fair share payment by the non-members a copy of the basis of the calculation of the fee. The fair share fee payment shall be deducted by the Board from the earnings of the non-member employees and remitted paid to the Union within 10 working days of said deduction unless required to remit a fee Association. Non-member employees who object to the Labor Board for escrow. d. The University shall provide the Union with the names amount of all employee non-members of the Union from whose earnings the fair share payment fee have the right to file an unfair labor practice charge against the Association pursuant to Paragraph 1714(b-1) of the Illinois Educational Labor Relations Act. Upon any such filing and receipt of notice from the IELRB, the Board shall forward the amount of each objector's fair share payments to the IELRB pending resolution of the charge. If a non-member employee declares the right of non-association based upon bona fide religious tenets or the teachings of a church or religious body of which such employee is a member, the employee shall be deducted. It shall also provide the Union space required to post a notice concerning pay an amount equal to his/her proportionate share, as determined under this fair share agreement, to a nonreligious charitable organization mutually agreed upon by the affected employee and appeal procedures. e. The Union the Association. If the affected employee and Board shall comply with the rules of Association are unable to reach an agreement on the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedurematter, the Union shall supply employee may select a charitable organization from an approved list established by the University with a copyIllinois Educational Labor Relations Board. In addition, the Union shall advise the University of subsequent change therein. g. The Union Association shall indemnify and hold harmless the Board, and its members, officers, agentsagents and employees, and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of or liability including attorney's fees and costs that shall arise out of, of or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, certification affidavit or assignment furnished by the Union under any of such provisions. h. If, during the term of this Agreement. In addition, the Labor Board or a court Association shall pay all legal fees, if any, to assure the protection 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 courtas covered herein.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees 1. If a full-time employee covered by this Agreement who are does not members join the Clerical Council, such full-time employee will: a. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the Union, commencing on September 1, 1996, cost of the collective bargaining process and contract administration as annually certified by the Clerical Council (hereinafter "Fair Share Fee"); or b. Pay directly to the Clerical Council a like sum. 2. In the event such an authorization is not signed or upon their initial appointment, and continuing during such direct payment is not made within thirty (30) calendar days following the term commencement of employment of the full-time employee or the effective date of this Agreement, so long as they remain non-members of the Unionwhichever is later, 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not of Trustees shall deduct the Fair Share Fee in payments in the same manner as dues are deducted pursuant to exceed the dues uniformly required of members in conformity with federal Article III F. 3. The Clerical Council agrees to indemnify and state law and Labor Board rules. c. Such fair share payment by non-members shall be deducted by save the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union shall indemnify and hold Trustees 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 attorney's fees and costs that shall which may arise out of, or by reason of any action taken by the Board for the purpose of Trustees in complying with the provisions of subsection H, 2 above, including reimbursement for any legal fees or expenses incurred in connection therewith. 4. The Board of Trustees agrees to promptly notify the Clerical Council in writing of any claim, demand, suit, or other form of liability in regard to which it will seek to implement the provisions of subsection H above and, if the Clerical Council so request in writing, to surrender claims, demands, suits, or other forms of liability. 5. The provisions of this ArticleFair Share Article III, H shall not apply to any person who was a member of the Bargaining Unit and did not belong to the Clerical Council as of the date of ratification of the 1984-86 Agreement, except and unless should those persons at some future date voluntarily agree to either the Fair Share provisions or take out a membership in the Clerical Council. 6. Any full-time employee objecting to the Fair Share Fee based upon a bona fide religious body of which such full-time employee is a member shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the full-time employee and the Clerical Council, or in reliance the absence of any listsuch agreement, notice, certification, affidavit, or assignment furnished to an organization on the approved list of charitable organizations established by the Union under any such provisionsIllinois Educational Labor Relations Board. h. If7. Notwithstanding any provision to the contrary in this section, during the term parties agree in the administration of this Agreement, section to adhere to the rules and regulations with respect to fair share as promulgated from time to time by the Illinois Educational Labor Board 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 courtRelations Board.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, Union commencing on September 1, 1996, the effective date of the Agreement or upon their initial appointmentemployment, 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 federal law. This provision . B. Such fair share payment by non-members shall be in effect for deducted by the duration Board from the earnings of this Agreement. b. The the non- member employees and remitted to the Union, provided, however, that the Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board IELRB rules. c. Such fair share payment by non-members C. The Board shall be deducted by the Board from the earnings of the non-member employees and remitted to cooperate with the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee non-members of the Union from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. D. The Union and Board shall comply with cause to be posted a notice concerning the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share fee information required or permitted by the Illinois Educational Labor Relations Act and IELRB rules. f. E. Upon adoption of any a Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. F. Upon receipt of formal notice of an objection or unfair labor practice charge to the IELRB, the Union and the Board, hereby agree to comply with IELRB rules. The Board shall forward the objector's fee or portion of the objector's fees being contested to the IELRB to be placed in an escrow account pending a decision or mutually agreeable settlement between the Union and the objectors. G. The Union shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this the Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any any-such provisions. h. If, H. If during the term of this Agreement, the Labor Board IELRB 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 IELRB or courtCourt.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon sixty (60) days after their initial appointmentemployment, 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 month, their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state State and federal Federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment by non-members shall be deducted by the Board and/ or its designee from the earnings of the non-member employees and remitted to the Union, provided, however, that the Union within 10 working days shall submit to the Board and/ or its designee an affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required of members of the Union, 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. C. Upon receipt of said deduction unless required to remit a fee affidavit, the Board and/or its designee shall provide information to the Labor Board for escrow. d. The University shall provide Union to assist the Union with in ascertaining the names of all employee non-members of the Union from whose earnings the fair share payment pay- ments shall be deducted. It shall also provide deducted and their work locations. D. The procedures employed for the Union space to post a notice concerning implementation of fair share and appeal proceduresthe rules for the implementation of fair share shall be those established by the Educational Labor Relations At, Ill Rev. Stat. Ch. 48, Sec. 1711 and by the Illinois Educa- tional Labor Relations Board. e. The Union and Board shall comply with the rules E. If an ultimate decision in any proceeding hereunder directs that amount of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedurefee should be lower than the amount fixed by the Union, the Union shall supply promptly adopt and comply with said decision, notify the University Board and/or its designee to reduce deductions from the earnings of non-members to said prescribed amount, and otherwise comply with a copy. In addition, the Union shall advise the University of subsequent change thereinsaid decision. g. F. The Board and/or its designee shall use its best efforts to comply with the provi- sions of the Article, and shall not be liable for inadvertent errors or omissions and the like in Sections 2, 3 and 4 above. G. The Union shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, costs, losses and expenses or other forms of liability including attorney's but not limited to, the cost of defense thereof and attorneys’ fees and costs 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, of or by reason rea- son of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. 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 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

Sources: Collective Bargaining Agreement

Fair Share. a. A. The Board, having been provided the appropriate showing provisions of interest by the Union, agrees that all this Article apply only to employees covered by this the Agreement who are not hired after September 23, 1993 and to employees who are UNION members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term as of this Agreementdate, so long but who subsequently resign from the UNION. The provisions of this Article do not apply to employees who are not UNION members as they remain of September 23, 1993. Employees covered by this Article shall be referred to below as “covered non-members.” B. Such fair share payment by non-members shall be deducted by the BOARD from the earnings of the Union, shall pay “covered non-member” employees and remitted to the Union each month their fair share of UNION, provided, however, that the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect for the duration of this Agreement. b. The Union UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members C. The BOARD shall be deducted by cooperate with the Board from the earnings of the non-member employees and remitted UNION to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee “covered non-members members” of the Union UNION from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. D. The Union UNION shall cause to be posted a notice concerning the fair share fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. E. Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University BOARD with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. F. 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 Union 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 BoardBOARD, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. H. 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 Union UNION and the Board BOARD agree to convene negotiations on this matter 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 1 contract

Sources: Master Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the UnionUNION, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionUNION, shall pay to the Union UNION each month their fair share of the costs of the services rendered by the Union UNION that are chargeable to non-members under state and federal law. This provision . B. Such fair share payment by non-members shall be in effect for deducted by the duration BOARD from the earnings of this Agreement. b. The Union the non-member employees and remitted to the UNION, provided, however, that the UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members C. The BOARD shall be deducted by cooperate with the Board from the earnings of the non-member employees and remitted UNION to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee non-members of the Union UNION from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations and available space to post a notice concerning fair share and appeal proceduresshare. e. D. The Union UNION shall cause to be posted a notice concerning the fair share fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. E. Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University BOARD with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. F. 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 Union 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 BoardBOARD, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, H. 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 Union UNION and the Board 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

Sources: Collective Bargaining Agreement

Fair Share. a. The BoardAfter September 1, having been provided the appropriate showing of interest by the Union1986, agrees that all employees covered by this Agreement Agreement, who are not members of the UnionCouncil, commencing on September 1, 1996, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionCouncil, shall pay to the Union Council each month their fair share of the costs of the services rendered by the Union Council that are chargeable to non-members under state and federal law. This provision Such fair share payment by non-member shall be in effect for deducted by the duration Board from the earnings of this Agreement. b. The Union non-member employees and remitted to the Council, provided, however, that the Council shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members . The Board shall be deducted by cooperate with the Board from the earnings of the non-member employees and remitted Council to the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee non-members of the Union Council from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations, and available space to post a notice concerning fair share. The Council shall cause to be posted a notice concerning the fair share and appeal procedures. e. The Union fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. . Upon adoption of any Union Council internal appeal procedure, the Union Council shall supply the University Board with a copy. In addition, the Union Council shall advise the University Board of subsequent change changes therein. g. . Upon receipt of formal notice of an objection or unfair labor practice charge to the Labor Board, the Council and the Board, hereby, agree to comply with Labor Board rules. The Union 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 Council and the objector(s). The Council shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of of, action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. . 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 Union Council 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. The provisions of the Fair Share Article shall not apply to any person who did not belong to the Council prior to September 1, 1986, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Council.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are choose not members of to belong to the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the Union, Union shall pay to the Union each month their fair share of the costs cost of the services rendered by the Union that are chargeable to non-members nonmembers under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union within 10 the ten (10) working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members nonmembers of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union and the Board shall comply with the rules of the Labor Board concerning notice, objections, objections and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal Internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. G. The Union shall indemnify and hold harmless the Board, its members, officers, agents, officers and agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in any reliance of on any list, notice, certification, affidavit, affidavit or assignment furnished by the Union under any such provisions. The Union shall not be responsible for the attorney's fee of any attorney for the employer other than the attorney employed and supervised or directed by the Union. h. H. 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 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

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees covered by this Agreement A. All eligible adjunct faculty members who are not members of the Union, commencing receive an initial adjunct faculty employment contract on September or after July 1, 19962008, or upon their initial appointment, and continuing during who select not to join the term of this Agreement, so long as they remain non-members of the Union, Kankakee Community College Adjunct Faculty Association shall pay to the Union each month their fair share of the costs cost of services to the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect for the duration of this AgreementAssociation. b. B. The Union Association shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Educational Labor Relations Board rules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union Association within 10 working days ten (10) workdays of said deduction unless required to remit a fee to the Educational Labor Relations Board for escrow. d. D. The University Board shall provide cooperate with the Union with Association to ascertain the names of all employee non-members nonmembers of the Union Association from whose earnings the fair share payment payments shall be deducted. It deducted and shall also provide the Union Association space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union Association and the Board shall comply with the rules of the Illinois Educational Labor Board concerning notice, objections, and related matters contained in its fair share rulesAct. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. F. The Union Association shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actionsaction, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this the Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. IfG. 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. If a non-member asserts the right of non-association under Section 11 of the IELRB, during he/she will be required to pay an amount equal to his/her proportionate share to a non-religious charitable organization mutually agreed upon by 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 Union non-member faculty and the Board 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. H. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association to convene negotiations on this matter immediately fair share participants as set for the sole purpose of bringing above shall not be subject to the grievance and arbitration procedure set forth in this Article into compliance with the standards or rulings of said Labor Board or courtagreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members nonmembers 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 nonmembers under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union within 10 working ten (10) work days of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members nonmembers of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union and the Board shall comply with the rules of the Labor Board concerning notice, objections, objections and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. G. The Union shall indemnify and hold harmless the Board, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. The Union shall not be responsible for the attorney’s fees of any attorney for the employer other than the attorney employed and supervised or directed by the Union. h. H. 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 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

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the UnionU2CT who commence their employment beginning with the 2013-2014 school year, commencing on September 1, 1996, or upon their initial appointment, and continuing continue during the term of this Agreement, so long as they and remain non-members of the Union, U2CT shall pay to the Union U2CT each month their fair share of the costs of the services rendered by the Union U2CT that are chargeable to the non-members under state and federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. B. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union within 10 working days of said deduction unless required to remit a fee U2CT provided, however, that the U2CT shall certify to the Board of a fair share amount not to exceed the dues uniformly required of members in conformity with the state law and Labor Board for escrowrules. d. C. The University U2CT shall provide the Union with ascertain the names of all employee non-members of the Union U2CT from whose earnings the fair share payment payments shall be deducted. It , which shall also provide be transmitted, in writing, to the Union space Superintendent of Schools. D. The U2CT shall cause to post be posted a notice concerning the fair share and appeal procedures. e. The Union fee information required or permitted by the Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. E. Upon adoption of any Union a U2CT internal appeal procedure, the Union U2CT shall supply the University Superintendent with a copy. In addition, the Union U2CT shall advise the University Superintendent of subsequent change changes therein. g. F. Upon receipt of formal notice of an objection of unfair labor practice charge to 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 Union U2CT shall indemnify and hold harmless the Board, its members, officers, agents, and employees from and against any and all claims, demands, actionsaction, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this the Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. If, H. If during the term of this Agreement, the Labor Board or of a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union U2CT and the Board agree to convene negotiations if so ordered by competent jurisdiction on this matter immediately 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 courtCourt.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all (A) All employees covered by this Agreement who are not members of the Union, commencing Union on September or after October 1, 19961986, shall maintain their membership in said Union during the duration of the Agreement, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the Union, shall pay a fair share fee to the Union each month their fair share for the cost of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall be in effect State Law. (B) Each bargaining unit member hired for the duration of this Agreement. b. The first time to be effective October 1, 1986, and thereafter, shall either join the Union or in lieu thereof shall certify to the Board pay a fair share amount not fee to exceed the dues uniformly required Union for the cost of members in conformity with federal negotiating, administering and state law and Labor Board rulesmaintaining the agreement. c. Such fair (C) Fair share payment by non-members fees shall be deducted determined annually by the Union and certified in writing to the Business Office and each fee payer(s) by November 1 of each year. (D) Such fee or portions thereof shall be paid to the Union by the Board no later than ten (10) days following receipt of funds from the earnings Township Treasurer. (E) In the event that the negotiating unit member does not pay said fee directly to the Union by October 1 of each school term, or within thirty (30) days of employment, whichever is sooner, upon written notice to the Business Office by the Union, the Board shall deduct the fee from the wages of said negotiating unit member according to the procedures which apply to Union members, including amounts and times of payment. (F) Although the amount certified by exclusive representative may include fees for contributions related to the election or support of any candidate for political office, the employee will have the opportunity to redirect this amount to a charitable organization or donation. Nothing in this Section shall preclude the non-member employees from making voluntary political contributions in conjunction with his or her fair share payment. (G) The Union shall further provide written notice to said fee payer(s) of the right to dissent and remitted the procedures to follow in lodging such fair share dissent. Said notice shall be provided by the Union according to regulations imposed by law. (H) In the event a negotiating unit member commences a legal action against the Board in a court or administrative agency because of the Board’s compliance with this Article, the Union and its affiliates agree to defend such action, at its own expense and through counsel of its own choice, provided: (1) The Board gives immediate notice of such action in writing to the Union within 10 working days and permits the Union to intervene as a party; (2) The Board gives full and complete cooperation to the Union and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at any stage, hearing or argument of said deduction unless required to remit a fee to the Labor Board for escrowlegal action. d. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. (I) The Union and Board shall comply with the rules of the Labor Board concerning noticeits affiliates agree that in any action, objectionsit will save, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union shall indemnify and hold harmless the Board, its members, officers, agents, employees and employees agents from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees for damages and costs imposed by a final judgment of a court or administrative agency. (J) It is expressly understood and agreed that the defense and indemnification covenants that are expressed herein shall not apply to any claim, demand or suit which may arise out of, or by reason as a result of action taken any type of willful misconduct by the Board for (other than any necessary action required to be performed by the purpose Board in this Article); however, such defense and indemnification covenants shall not protect the Board in any actions which solely alleges a violation on the part of complying with the above provisions Board of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. 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 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

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees A. All Employees covered by this Agreement who are not members of the UnionUNION, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members of the UnionUNION, shall pay to the Union UNION each month their fair share of the costs of the services rendered by the Union UNION that are chargeable to non-non- members under state and federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. C. Such fair share payment by non-members shall be deducted by the Board BOARD from the earnings of the non-member employees Employees and remitted to the Union UNION within 10 working ten (10) work days of said deduction unless required to remit a fee to the Labor Board for escrow. d. D. The University BOARD shall provide cooperate with the Union with UNION to ascertain the names of all employee Employee non-members of the Union UNION from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union UNION space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union UNION and Board the BOARD shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University BOARD with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. G. The Union UNION shall indemnify and hold harmless the BoardBOARD, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union UNION under any such provisions. h. H. 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 Union UNION and the Board 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

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term terms of this Agreement, and so long as they remain non-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 federal law. This provision Such fair share payment by non-members shall be in effect for deducted by the duration SIU School of this Agreement. b. The Medicine from the earnings of non-member employees and remitted to the Union, provided, however, that the Union shall certify to the Board SIU School of Medicine a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board rules. c. Such fair share payment by non-members federal law. SIU School of Medicine shall be deducted by the Board from the earnings of the non-member employees and remitted to cooperate with the Union within 10 working days of said deduction unless required to remit a fee to the Labor Board for escrow. d. The University shall provide the Union with ascertain the names of all employee non-members of the Union from whose earnings the fair share payment payments shall be deducted. It shall also provide the Union , their work locations, and available space to post a notice concerning fair share and appeal procedures. e. share. The Union shall cause to be posted a notice concerning the fair share fee information required or permitted by the Illinois Educational Labor Relations Act and Board shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. . Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. . Upon receipt of formal notice of any objection or unfair labor practice charge to the Labor Board, the Union and the Employer, hereby agree to comply with the 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). The Union shall indemnify and hold harmless the BoardSIU School of Medicine, its members, officers, agents, agents and employees from and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability including attorney's fees and costs that shall arise out of, or by reason reasons of action taken by the Board SIU School of Medicine for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, affidavit or assignment furnished by the Union under any such provisions. h. If, . 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 Union and the Board Employer 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 the Board or court.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all A. All employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996the effective date of this Agreement, or upon thirty-one (31) days after their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members nonmembers 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 federal law. This provision shall be in effect for the duration of this Agreement. b. B. The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Educational Labor Relations Board rules. c. C. Such fair share payment by non-members nonmembers shall be deducted by the Board from the earnings of the non-member nonmember employees and remitted to the Union within 10 working days ten (10) workdays of said deduction unless required to remit a fee to the Educational Labor Relations Board for escrow. d. D. The University Board shall provide cooperate with the Union with to ascertain the names of all employee non-members of the Union from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union space to post a notice concerning fair share and appeal proceduresshare. e. E. The Union and the Board shall comply with the rules of the Educational Labor Relations Board concerning notice, objections, and related matters contained in its fair share rules. f. F. Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change changes therein. g. 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 including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. The Union shall not be responsible for the attorney's fees of any attorney for the employer other than the attorney employed and supervised or directed by the Union. h. H. If, during the term of this Agreement, the Educational Labor Relations Board or a court of competent jurisdiction rules any part of this Article void or not enforceableunenforceable, the Union and the Board agree to convene negotiations on this the matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The Board, having been provided the appropriate showing of interest by the Union, agrees that all All eligible employees covered by this Agreement who are not members of the UnionUNION, commencing on September 1, 1996the effective date of this Agreement, or upon their initial appointmentemployment, and continuing during the term of this Agreement, and so long as they remain non-members nonmembers of the UnionUNION, shall pay to the Union UNION each month their fair share of the costs of the services rendered by the Union UNION that are chargeable to non-members nonmembers under state and federal law. This provision shall be in effect for the duration of this Agreement. b. The Union UNION shall certify to the Board BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Labor Board labor board rules. c. . Such fair share payment by non-members nonmembers shall be deducted by the Board DISTRICT from the earnings of the non-member nonmember employees and remitted to the Union UNION within 10 working days ten (10) workdays of said deduction unless required to remit a fee to the Labor Board for escrow. d. . The University BOARD shall provide cooperate with the Union with UNION to ascertain the names of all employee non-members nonmembers of the Union UNION from whose earnings the fair share payment payments shall be deducted. It deducted and their work locations and shall also provide the Union UNION space to post a notice concerning fair share share. The BOARD and appeal procedures. e. The Union and Board UNION shall comply with the rules of the Labor Board concerning notice, objections, and related matters contained in its fair share rules. f. . Upon adoption of any Union UNION internal appeal procedure, the Union UNION shall supply the University Board with a copy. In addition, the Union UNION shall advise the University BOARD of subsequent change changes therein. g. . The Union UNION shall indemnify and hold harmless the BoardBOARD, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability including attorney's fees and costs that shall arise out of, or by reason of action taken by the Board BOARD for the purpose purposes of complying with the above provisions of this Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished by the Union UNION under any such provisions. h. . The UNION shall not be responsible for the attorney’s fees of any attorney for the DISTRICT other than the attorney employed and supervised or directed by the UNION. 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 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 Union UNION and the Board 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

Sources: Collective Bargaining Agreement

Fair Share. a. (a) The Board, having been provided the appropriate showing of interest by the Union, agrees that all employees Employees covered by this Agreement who are not members of the Union, commencing on September 1, 19962004, or upon their initial appointment, and continuing during the term of this Agreement, 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 federal law. This provision shall be in effect for the duration of this Agreementfrom September 1, 2004 through August 31, 2008. b. (b) The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Illinois Educational Labor Relations Board rules. c. (c) Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees Employees and remitted to the Union within 10 ten (10) working days of said deduction unless required to remit a fee to the Illinois Educational Labor Relations Board for escrow. d. (d) The University Board shall provide the Union with the names of all employee non-Employee non- members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. (e) The Union and Board shall comply with the rules of the Illinois Educational Labor Relations Board concerning notice, objections, and related matters contained in its fair share rules. f. (f) Upon adoption of any Union internal appeal procedure, the Union shall supply the University Board with a copy. In addition, the Union shall advise the University Board of subsequent change therein. g. (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 including attorney's fees and costs cost 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 of any list, notice, certification, affidavit, or assignment furnished by the Union under any such provisions. h. (h) If, during the term of this Agreement, the Illinois Educational Labor Relations Board 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 Illinois Educational Labor Relations Board or court.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. a. The BoardLanguage as follows: A. Each employee, having been provided beginning with the appropriate showing 1998-1999 school year, as a condition of interest by the Union, agrees that all employees covered by this Agreement who are not members of the Union, commencing on September 1, 1996, or upon their initial appointment, and continuing during the term of this Agreement, so long as they remain non-members of the Unionhis/her employment, shall join the Association or 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 federal law. This provision shall be in effect for the duration of this Agreement. b. The Union shall certify to the Board a fair share fee to the Association equivalent to the amount not to exceed the of dues uniformly required of members in conformity with federal of the Association, including local, state, and state law and Labor Board rulesnational dues. c. Such B. In the event that the bargaining unit member does not pay his/her fair share payment fee directly to the Association by non-members a certain date as established by the Association, the Board shall deduct the fair share from the wages of the non- member. C. Such fee shall be deducted paid to the Association by the Board from no later than ten (10) days following deduction. D. In the earnings event of any legal action against the non-member employees 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 remitted through its own counsel, provided: 1. The employer gives immediate notice of such action in writing to the Union within 10 working days of said deduction unless required to remit Association and permits the Association intervention as a fee party if it so desires, and, 2. The employer gives full and complete cooperation to the Labor Board for escrowAssociation and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both the trial and all appellate levels. d. E. The University shall provide the Union with the names of all employee non-members of the Union from whose earnings the fair share payment shall be deducted. It shall also provide the Union space to post a notice concerning fair share and appeal procedures. e. The Union and Board shall comply with the rules of the Labor Board concerning noticeAssociation agrees that in any action so defended, objections, and related matters contained in its fair share rules. f. Upon adoption of any Union internal appeal procedure, the Union shall supply the University with a copy. In addition, the Union shall advise the University of subsequent change therein. g. The Union shall it will indemnify and hold harmless the Boardemployer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the employer’s non-negligent compliance with this Article. It is expressly understood that this hold harmless provision will not apply to any claim, its membersdemand, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits suit or other forms form of liability including attorney's fees and costs that shall which may arise out of, or by reason as a result of action taken any type of willful misconduct by the Board for or the purpose Board’s imperfect execution of complying the obligations imposed upon it by this Article. F. The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bona fide religious ▇▇▇▇▇ or teaching of a church or religious body of which such employee is a member or a belief sincerely held with the above provisions strength of this Articletraditional religious views, or in reliance objects to the payment of any list, notice, certification, affidavit, or assignment furnished by a fair share fee to the Union under any such provisions. h. If, during Association. Upon proper substantiation and collection of the term of this Agreemententire fee, the Labor Board or Association will make payment on behalf of the employee to a court of competent jurisdiction rules any part of this Article void or not enforceable, the Union mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations 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(see Page 14, “Religious Dissenters”).

Appears in 1 contract

Sources: Collective Bargaining Agreement