Fair Share. Employees in the bargaining unit who are not members of the Association on the effective date of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold the District harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the provisions of this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Act.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees in During the bargaining unit term of this Agreement, employees who are not members of the Association on shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” for collective bargaining and contract administration services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of by the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names employees covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the Association. Such fair share fees shall be deducted by the Board from the earnings of non-members and addresses of all bargaining unit members. The District will also provide remitted to the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireAssociation. The Association shall annually provide submit to the District with names Board a list of the employees covered by this Agreement who are non- not members of the Association, Association and an affidavit which specifies the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fair share fee. For employees hired after September 15, of each year, the Association will provide the District with the 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 bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the employee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of Association. If the employee’s hiring. The District will deduct such fee from the paychecks of each affected non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurerare unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association will shall indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions. The Board shall promptly notify the Association if there is any lawsuit or other legal challenge to comply with the provisions of this section. All monies deducted by Article and the School District will be reimbursed Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the Board shall have the right to designate its own legal counsel in any such legal proceedings, subject to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety approval of the Fair Share FeeAssociation, as required in part (d) which approval shall not be unreasonably withheld, if such designation becomes necessary to protect its own interests, with the understanding that these indemnification provisions shall cover the cost of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch representation.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. 37-1. Employees in the bargaining unit who are not members of the Association on the effective date of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal contract year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative representative, as provided under Act 84 of 1988.
37-2. The District, if possible, will on or before September 1, but no later than September 15, 15 of each year, will provide the Association with a list of the names and addresses of all bargaining unit membersBargaining Unit Members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire.
37-3. The Within thirty (30) days of the signing of this Agreement, and by October 15 for any subsequent years of this Agreement, the Association shall annually provide the District with names of employees who are non- non-members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, 15 of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer.
37-4. The Association will indemnify indemnify, defend and hold the District harmless against any and all claims, demands, suits suits, or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the provisions of this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional duesArticle.
37-5. The Association agrees that no petition for Unit Clarification, grievance, or other action seeking to provide add positions to the Board a copy bargaining unit which were excluded by stipulation in case no. PERA-RR-88-3-E prior to the PLRB election shall be filed or commenced at any time. If any such petition, grievance or other action is filed or commenced, by the Association or anyone else, the provisions of that information provided this Article granting Fair Share privileges to non- members that the Association shall be immediately suspended and shall not be performed. If any such petition, grievance or other action is used to gauge granted and any position(s) originally excluded from the propriety bargaining unit are made part of the bargaining unit, Fair Share Fee, as required in part (d) will be permanently discontinued and this Article 33 shall be null and void. This section shall not be severable from the remainder of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actthis Article.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees in the bargaining unit A. All employees covered by this Agreement who are not members of the Association Union, commencing on the effective date of this Agreement shall be required to pay to Agreement, or upon their initial employment, and continuing during the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes term of this sectionAgreement, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association and so long as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are they remain non- members of the AssociationUnion, 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.
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 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 “Fair Share Fee,” and a payment schedule for Union.
C. Upon receipt of said affidavit the deduction Board shall cooperate with the Union to ascertain the names of all employee non-members of the fee. For employees hired after September 15Union from whose earnings the fair share payments shall be deducted, of each year, their work locations and available space to post a notice concerning fair share.
D. The Union shall cause to be posted a notice contain the Association will provide the District with fair share fee information specified in Section B above and advising that any non-member may object to the amount of the fee and by filing a payment schedule for deduction fair share fee objection or unfair labor practice against the Union with the Illinois Educational Labor Relations Board.
E. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee within thirty (30) days after receipt of notice of should be lower than the employee’s hiring. The District will deduct such fee amount fixed by the Union, the Union shall promptly adopt said determination and notify the Board to reduce deductions from the paychecks earnings of each non-member in accordance with the schedule provided, and members to said prescribed amount.
F. The Union shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the District Board of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.
G. If during the term of this Agreement, the Labor Board of a court of competent jurisdiction rules any part of the Article void or not enforceable, the Union and Board agree to comply convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the provisions standards or ruling of this section. All monies deducted by the School District will be reimbursed said Labor Board or court.
H. Any employee objecting to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) Fee based upon bona fide religious tenets or teaching of the Act; and also to make available a church or religious body of which such employee is a member shall pay an amount equal to the Board Fair Share Fee to a copy 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 report that must be filed approved list of charitable organizations established by statewide employee organizations as required by Section (J) of the ActIllinois Educational Labor Relations Board.
Appears in 3 contracts
Samples: Contractual Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees (a) The Association will represent all of the employees in the bargaining unit, members and non-members, fairly and equally and therefore, all employees in the bargaining unit shall be required to pay, as provided in this Article, their fair share of the costs of representation by the Association. No employee shall be required to join the Association, but membership in the Association shall be available to all employees who apply, consistent with the Association's constitution and bylaws.
(b) The Employer shall deduct in equal installments from the monthly earnings of all employees in the collective bargaining unit, except exempt employees, their fair share of the cost of representation by the Association, as provided in 111.70(1)(f), Wis. Stats., and as certified to the Employer by the Association. The Employer shall pay said amount to the Association on or before the end of the month in which such deduction was made.
1. For purposes of this Article, exempt employees are those employees who are members of the Association and whose dues are deducted and remitted to the Association by the Employer pursuant to 4.02 (Dues Deduction).
2. The Association shall notify the Employer of the amount certified by the Association to be the fair share of the cost of representation by the Association and the date for the commencement of fair share deductions at least thirty (30) days prior to any required fair share deduction.
(c) The Association agrees to abide by the decisions of the Wisconsin Employment Relations Commission and/or courts of competent jurisdiction regarding fair share. The Association agrees to inform the Employer of any change in the amount of such fair share costs at least thirty (30) days prior to the effective date of the change.
(d) The Association shall provide employees who are not members of the Association on the effective date of this Agreement shall be required to pay to with an internal mechanism within the Association a “Fair Share Fee” for services rendered as which is consistent with the exclusive bargaining agent. For purposes requirements of this section, “Fair Share Fee” shall mean state and federal law and which will allow those employees to challenge the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of fair share amount certified by the Association as the exclusive representative as provided under Act 84 cost of 1988. The Districtrepresentation and to receive, if possiblewhere appropriate, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address rebate of any employee hired after September 15, such notice monies to be provided within thirty which they are entitled.
(30e) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, does hereby indemnify and shall promptly transmit save the amount deducted to the Association Treasurer. The Association will indemnify and hold the District employer harmless against any and all claims, demands, suits or other forms of liability liability, including court costs, that shall arise out of or by reason of action taken or not taken by the District to comply Employer, which employer action or non-action is in compliance with the provisions of this section. All monies deducted by the School District will be reimbursed Article, and in reliance on any lists or certificates which have been furnished to the Association on the same basis as that specified under the Article of Employer pursuant to this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActArticle.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees (a) The Association will represent all of the employees in the bargaining unit, members and non-members, fairly and equally and therefore, all employees in the bargaining unit shall be required to pay, as provided in this Article, their fair share of the costs of representation by the Association. No employee shall be required to join the Association, but membership in the Association shall be available to all employees who apply, consistent with the Association's constitution and bylaws.
(b) The Employer shall deduct in equal installments from the monthly earnings of all employees in the collective bargaining unit, except exempt employees, their fair share of the cost of representation by the Association, as provided in Section 111.70(1)(f), Wis. Stats., and as certified to the Employer by the Association. The Employer shall pay said amount to the Association on or before the end of the month in which such deduction was made.
1. For purposes of this Article, exempt employees are those employees who are members of the Association and whose dues are deducted and remitted to the Association by the Employer pursuant to Section 4.02 (Dues Deduction).
2. The Association shall notify the Employer of the amount certified by the Association to be the fair share of the cost of representation by the Association and the date for the commencement of fair share deductions at least thirty (30) days prior to any required fair share deduction.
(c) The Association agrees to abide by the decisions of the Wisconsin Employment Relations Commission and/or court of competent jurisdiction regarding fair share. The Association agrees to inform the Employer of any change in the amount of such fair share costs at least thirty (30) days prior to the effective date of the change.
(d) The Association shall provide employees who are not members of the Association on the effective date of this Agreement shall be required to pay to with an internal mechanism within the Association a “Fair Share Fee” for services rendered as which is consistent with the exclusive bargaining agent. For purposes requirements of this section, “Fair Share Fee” shall mean state and federal law and which will allow those employees to challenge the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of fair share amount certified by the Association as the exclusive representative as provided under Act 84 cost of 1988. The Districtrepresentation and to receive, if possiblewhere appropriate, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address rebate of any employee hired after September 15, such notice monies to be provided within thirty which they are entitled.
(30e) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, does hereby indemnify and shall promptly transmit save the amount deducted to the Association Treasurer. The Association will indemnify and hold the District employer harmless against any and all claims, demands, suits or other forms of liability liability, including court costs, that shall arise out of or by reason of action taken or not taken by the District to comply Employer, which employer action or non-action is in compliance with the provisions of this section. All monies deducted by the School District will be reimbursed Article, and in reliance on any lists or certificates which have been furnished to the Association on the same basis as that specified under the Article of Employer pursuant to this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActArticle.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees in 1. During the bargaining unit term of this Agreement, all teachers covered by this Agreement who are not members of the Association on IEA will, commencing sixty days after their employment or sixty days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” IEA for services rendered as by the exclusive bargaining agent. For purposes of IEA in negotiating and administering this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association Agreement as the exclusive representative as of the teachers covered by this Agreement, provided under Act 84 that such fair share fee will not exceed the IEA dues (including NEA dues) uniformly required of 1988members of the IEA. Such fair share fees will be deducted by the Board from the earnings of non-members and remitted to the IEA. The District, if possible, IEA will on or before September 1, but no later than September 15, of each year, provide annually submit to the Association with Board a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees teachers covered by this Agreement who are non- not members of the Association, IEA and an affidavit which specifies the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fair share fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiringas defined above. The District will deduct such fair share fee collected from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted members will not be used for contributions related to the Association Treasurerelection or support of any candidate for political office or for a member-only benefit.
2. The Association will indemnify agrees to assume full responsibility to insure full compliance with all applicable law, including the requirements laid down by the United States Supreme Court in such cases as Chicago Teacher’s Union vs. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee payers.
3. The Association, the Illinois Education Association and hold the District National Education Association agree to defend, indemnify, and save the Board harmless against any and all claims, demands, suits suits, or other forms form of liability that shall which may arise out of or by reason of any action taken by the District to comply Association or the Board in complying with the provisions of this sectionSection, including reimbursement for any legal fees or expenses incurred in connection therewith.
4. All monies deducted Non-members who object to this fair share fee based upon bona fide religious tenets or teachings will pay an amount equal to such fair share fee as defined above to a non-religious charitable organization mutually agreed upon by the School District teacher and the IEA. If the affected non-member and the IEA are unable to reach agreement on the organization, the organization will be reimbursed selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment will be made to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsaid organization.
Appears in 2 contracts
Samples: Professional Negotiations Agreement, Professional Negotiations Agreement
Fair Share. Employees in During the bargaining unit term of this Agreement, all teachers covered by this Agreement who are not members of the Association on shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” for the services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of by the Association in negotiating and administering this Agreement as the exclusive representative as of the teachers covered by this Agreement, provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide that such fair share fee shall not exceed the Association with a list dues (including IEA and NEA dues) uniformly required of members of the names Association. Such fair share fees shall be deducted by the Board from the earnings of non-members and addresses of all bargaining unit members. The District will also provide remitted to the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireAssociation. The Association shall annually provide submit to the District with names Board a list of employees the teachers covered by this Agreement who are non- not members of the Association, Association which specifies the amount of the “Fair Share Fee,” and fair share fee as defined above. The fair share fee collected from non-members shall not be used for contributions related to the election and/or support of any candidate for political office or for a payment schedule for member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the deduction requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee and/or the responsibilities of the feeAssociation with respect to fair share fee payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. For employees hired after September 15, of each year, Non-members who object to this fair share fee based upon bona fide religious tenants or teachings shall pay an amount equal to such fair share fee as defined above to a non-religious charitable organization mutually agreed upon by the Association will provide teacher and the District with Association. If the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each affected non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurerare unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association will shall indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District to comply Board for the purpose of complying with the above provisions of this section. All monies deducted by the School District will be reimbursed to the Association Article, or in reliance on the same basis as that specified any list, notice, certification, affidavit, or assignments furnished under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actany such provisions.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees in the bargaining unit All Teachers covered by this Agreement who are not members of the Association Association, commencing on the effective date of this Agreement shall be required to pay to Agreement, or upon their initial employment, and continuing during the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes term of this sectionAgreement, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association and so long as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- they remain non-members of the Association, shall pay to the Association each month their fair share of the costs of the services rendered by the Association that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member Teachers and remitted to the 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,” and a payment schedule for fair share fee by filing an objection with the deduction IELRB. Upon receipt of said affidavit the Board shall cooperate with the Association to ascertain the names of all Teacher non-members of the feeAssociation from whose earnings the fair share payments shall be deducted. For employees hired after September 15, of each year, The Association shall cause to be posted in all work locations a notice containing the Association will provide the District with fair share fee information specified above and advising that any non-member may object to the amount of the fee and by filing a payment schedule for deduction fair share fee objection. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee within thirty (30) days after receipt of notice of should be lower than the employee’s hiring. The District will deduct such fee amount fixed by the Association, the Association shall promptly adopt said determination and notify the Board and reduce deductions from the paychecks earnings of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted non- members to the Association Treasurersaid prescribed amount. The Association will shall indemnify and hold harmless the District harmless Board, its members, officers, agents and Teachers from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the District to comply Board for the purposes of complying with the above provisions of this sectionArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provision. All monies deducted by If during the School District will be reimbursed to term of this Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Association and Board agree to convene negotiations on this matter immediately for the same basis as that specified under sole purpose of bringing this Article into compliance with the Article standards or ruling of this Agreement on professional duessaid Labor Board or court. The Association agrees Any Teacher objecting to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share FeeFee based upon bona fide religious tenets or teaching of a church or religious body of which such Teacher is a member, as required 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 part (d) 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 Act; and also to make available to 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 a copy prior to termination of the report that must 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 filed by statewide employee organizations as required by Section (J) of the Actheld liable.
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
Fair Share. Employees in 1. No employee shall be required to join the bargaining unit who are not Union as a condition of employment. However, during the term of this agreement, all non-members of the Association on the effective date of Union who are covered by this Agreement shall be required to pay a fair share fee to the Association a “Fair Share Fee” Union. After certification as provided below, such fair share fees shall be deducted by the Board from the earnings of the non-member employees.
2. The fair share fee is for the purpose of deferring the costs of services rendered as by the exclusive bargaining agent. For purposes of this sectionUnion to non-members, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1including, but no later than September 15not limited to, of each year, provide negotiating and administering the Association with a list of contractual agreement. Periodically the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association Union shall annually provide the District with names of employees who are non- members of the Association, certify the amount of this fair share fee, which fee may not include any fees for contributions related to the “Fair Share Fee,” election or support of any candidate for political office nor may such fair share fee exceed the dues uniformly required of Union members. This certification must be written and signed by the President/Business Representative of Local 73 and must include a payment schedule for the deduction clear statement of the fact that the fair share fee so certified does not include any sum for contributions related to the election or support of any political candidate or party. The Board may require the Union to submit appropriate financial documents demonstrating the method of calculation of the fair share fee. For employees hired after September 15No employee shall be required to pay the fee, of each yearnor shall the Board be required to deduct the fee, until the certification documents required herein are submitted to the Board. In addition, the Association will provide the District Union shall comply with the amount notice of fair share fees requirement of the IELRB and objection to such fair share fee shall be handled in compliance with the applicable rules of the IELRB. Any employee required by this clause to pay a fair share fee who, based upon bona fide religious tenets or teachings, objects to payment of the fee shall not be required to pay it, but instead shall be required to pay the fair share fee amount to a local charity selected from a list approved by the Union and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiringDistrict.
3. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule providedUnion shall indemnify, defend, and shall promptly transmit hold harmless the amount deducted to the Association Treasurer. The Association will indemnify Board, its members, officers, agents and hold the District harmless employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that shall arise out of or by reason of action taken by the District to comply Board for the purpose of complying with the above provisions of this section. All monies deducted by the School District will be reimbursed to the Association clause, or in reliance on the same basis as that specified any list, notice, certification, affidavit, or assignment furnished under the Article any of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch provisions.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. Employees A. Regular status full-time or regular part-time non-teaching personnel have the right to join in, participate in, and assist the Association and the right to refrain from such; but membership shall not be a prerequisite for employment or continuation of employment of any employee.
B. All employees in the bargaining unit who who, upon successfully completing a probationary period, are not members in good standing of the Association on the effective date of this Agreement shall be required to pay a fair share fee to the Association as a “Fair Share Fee” for services rendered as condition of employment. Names of those employees shall be forwarded to the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues state treasurer of the Association, less . The fair share fee shall be an amount which will not exceed the cost maximum amount which may lawfully be assessed by the Association as a fair share fee. Those bargaining unit members who commence employment at a date later than the normal starting date shall have their fair share fee pro-rated in accordance with months worked. The fair share payer shall be provided information concerning the fair share fee in accordance with law. Fair share rates shall be transmitted by the Association to the treasurer of the Board for the previous fiscal year purpose of its activities or undertakings which were not reasonably employed determining amounts to implement or effectuate be deducted and paid to the duties Association. It will be the responsibility of the Association as the exclusive representative as provided under Act 84 of 1988to maintain reporting and rebate procedures in accordance with law. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the Payroll deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District fair share fee shall begin with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) first payroll period following 30 days after receipt of the financial disclosure information by the fair share payer and notice to the treasurer of the Board. The deduction of the fair share fee by the Board from the payroll check of the employee shall be automatic and does not require the written authorization of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted With respect to the Association Treasurer. The Association will indemnify and hold the District harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the provisions of this section. All monies deducted by the School District Board pursuant to this Article, the treasurer of the Board shall make them available to the state treasurer of the Association immediately following each pay that monies are deducted. If a bargaining unit member subject to the fair share fee ends employment by resignation or death before all deductions have been made, the unpaid balance will be reimbursed deducted from their final check. The Board will not be liable for any fair share fee assessed against bargaining unit member leaving employment before the pay date that fails to meet the time requirements of this article. The Board's responsibility under this agreement shall be limited to the deduction of fair share fees, of which the treasurer has been properly notified, from the payroll checks of fair share fee payers. In no event shall the Board become liable for any fair share amount. This fair share fee agreement between the Board and the Association does not require any employee to become a member of the Association. Upon timely demand, non-members may appeal to the Association on the same basis payment of the fair share fee pursuant to the internal procedure adopted by the Association or such non-members may submit such appeals as that specified under provided by law.
C. If the Article of this Agreement on professional dues. The Board requests Association indemnification, the Association agrees to provide to indemnify and save the Board harmless against any judgments for any costs, expenses, or other liability the Board might incur as a copy of that information provided to non- members that is used to gauge the propriety result of the Fair Share Fee, as required in part (d) implementation and enforcement of this service fee section provided that under this section of the Act; and also to make available to Agreement the Board a copy agrees to perm it the Association or its affiliated organizations to designate counsel to represent and defend the Board during the term of the report that must be filed by statewide employee organizations as required by Section (J) of the Actthis agreement.
Appears in 2 contracts
Samples: Negotiations Agreement, Negotiations Agreement
Fair Share. Employees in During the bargaining unit term of this Agreement, all teachers covered by this Agreement who are not members of the Association on shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” for the services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of by the Association in negotiating and administering this Agreement as the exclusive representative as of the teachers covered by this Agreement, provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide that such fair share fee shall not exceed the Association with a list dues (including IEA and NEA dues) uniformly required of members of the names Association. Such fair share fees shall be deducted by the Board from the earnings of non-members and addresses of all bargaining unit members. The District will also provide remitted to the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireAssociation. The Association shall annually provide submit to the District with names Board a list of employees the teachers covered by this Agreement who are non- not members of the Association, Association which specifies the amount of the “Fair Share Fee,” and fair share fee as defined above. The fair share fee collected from non-members shall not be used for contributions related to the election and/or support of any candidate for political office or for a payment schedule for member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the deduction requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee and/or the responsibilities of the feeAssociation with respect to fair share fee payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. For employees hired after September 15, of each year, Non-members who object to this fair share fee based upon bona fide religious tenants or teachings shall pay an amount equal to such fair share fee as defined above to a non-religious charitable organization mutually agreed upon by the Association will provide teacher and the District with Association. If the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each affected non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurerare unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association will shall indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District to comply Board for the purpose of complying with the above provisions of this section. All monies deducted by the School District will be reimbursed to the Association Article, or in reliance on the same basis as that specified any list, notice, certification, affidavit, or assignments furnished under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actany such provisions.
3.1 Definitions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in the bargaining unit After September 1, 1986, all employees covered by this Agreement, who are not members of the Association on Council, upon their initial employment, and continuing during the effective date term of this Agreement Agreement, and so long as they remain non-members of the Council, shall be required to pay to the Association a “Fair Share Fee” for Council each month their fair share of the costs of the services rendered as by the exclusive bargaining agentCouncil that are chargeable to non-members under state and federal law. For purposes Such fair share payment by non-member shall be deducted by the Board from the earnings of this sectionnon-member employees and remitted to the Council, “Fair Share Fee” provided, however, that the Council shall mean certify to the regular membership Board a fair share amount not to exceed the dues uniformly required of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988members in conformity with state law and Labor Board rules. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide Board shall cooperate with the Association with a list of Council to ascertain the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- non-members of the AssociationCouncil from whose earnings the fair share payments shall be deducted, 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 fee information required or permitted by the Labor Relations Act and Board rules. Upon adoption of any Council internal appeal procedure, the amount Council shall supply the Board with a copy. In addition, the Council shall advise the Board of subsequent changes therein. 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 Board shall forward the objector's fee or portion of the “Fair Share Fee,” 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 a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiringobjector(s). The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and Council shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability that shall arise out of of, or by reason of of, action taken by the District to comply Board for the purposes of complying with the above provisions of this sectionArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. All monies deducted by If, during the School District will be reimbursed to the Association on the same basis as that specified under the Article term of this Agreement Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Council and the Board agree to convene negotiations on professional duesthis matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety provisions of the Fair Share FeeArticle shall not apply to any person who did not belong to the Council prior to September 1, as required in part (d) 1986, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActCouncil.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in After the bargaining unit September annual membership drive is completed and upon reaching the membership qualifier each year, the Employer shall deduct from employees who are not members of the Association on an amount annually certified by the effective date Association as the fair share fee as permitted by and in accordance with the Public Employee Fair Share Law (`Law_). The membership qualifier, to be certified by the Association as of this Agreement October 1 each year is as follows: 2011-2012 Not applicable 2012-2013 85% 2013-2014 90% 2014-2015 92% 2015-2016 90% Each non-member in the bargaining unit represented by the Association under the Public Employee Relations Act shall be required to pay the fair share fee as provided by the Law. The fair share fee shall not include any amount expended by the Association for partisan, political, or ideological activities that is excluded by a body that has jurisdiction to exclude certain activities. Subject to the following, the Employer and the Association agree to apply the provisions of the Law:
A. The Association agrees to extend to all non-members the opportunity to join the Association.
B. Non-members with bona fide religious objections to fair share may direct the Association to contribute their agency fee to the Dutchmen Education Foundation. The Association˘s escrow agent shall provide verification of said payment to any affected non-member once the total agency fee obligation has been fully satisfied via payroll deduction.
C. If any legal action is brought against the Employer as a “Fair Share Fee” result of any actions it is required to perform by the Association pursuant to this Section, the Association agrees to provide for services rendered as the exclusive bargaining agentdefense of the Employer at the Associations˘ expense and through counsel selected by the Association.
D. The Employer agrees to give the Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in the defense of the case. For purposes of this section, “Fair Share Fee” shall mean If the regular membership dues of Employer does not fully cooperate with the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties any obligation of the Association as the exclusive representative as provided to provide a defense under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. this Section shall cease.
E. The Association shall annually provide the District with names of employees who are non- members of the Associationagrees in any action so defended, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold the District Employer harmless against for any and all claims, demands, suits or other forms monetary damages the Employer might be liable for as a consequence of liability its compliance with this Section; except that shall it is expressly understood that this save harmless provision will not apply to any legal action which may arise out as a result of or by reason of action taken any willful misconduct by the District Employer˘s failure to comply with the provisions of properly perform its obligation under this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in the Each bargaining unit who are not members member, as a condition for his/her employment, on or before thirty (30) days from the date of the Association on commencement of duties or the effective date of this Agreement Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association which shall be a proportionate amount of the dues required of members of the Association, including local, state, and national dues.
A. In the event that a bargaining unit member does not pay his/her fair share fee directly to the Association, the Board shall deduct the fair share fee from the wages of the non-member in the same manner as the deductions are made for members.
B. Such fee shall be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association shall, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the President of the Association and must include a financial breakdown of the fair share fee. No bargaining unit member shall be required to pay the fee, nor shall the Board be required to deduct the fee, until the certification document is submitted. The following restrictions which are mandated by law shall be observed:
A. The fair share fee shall not exceed the amount of dues normally charged to Association members.
B. The fair share fee shall not include any costs or contributions related to elections or political purposes.
C. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a “Fair Share Fee” for services rendered as non-religious charitable organization mutually agreed upon by the exclusive non-members and the Association. If the non-member and the Association do not agree, the non-member shall select a charity from the list developed by the Illinois Educational Labor Relations Board. In the event of any legal action against the Board, its members, officers, agents, and bargaining agent. For purposes unit members brought in a court or administrative agency because of compliance with this sectionfair share provision, “Fair Share Fee” the Association agrees to defend such action, at its own expense and through its own counsel, provided:
A. The Board shall mean the regular membership dues give immediate notice of such action in writing to the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of and permits the Association intervention as a party if it so desires, and
B. In any action, no matter where filed, the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide Board shall give full and complete cooperation to the Association with a list of the names and addresses of its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireappellate levels. The Association shall annually provide the District with names of employees who are non- members of the Associationindemnify, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provideddefend, and shall promptly transmit hold harmless the amount deducted to the Association Treasurer. The Association will indemnify Board, its members, officers, agents, and hold the District harmless employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that shall arise out of or by reason of action taken by the District to comply Board for the purpose of complying with the above provisions of this section. All monies deducted by the School District will be reimbursed to the Association clause, or in reliance on the same basis as that specified any list, notice, certification, affidavit, or assignment furnished under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actany such provisions.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees A. All employees in the bargaining unit who are not members of the Association on the effective date of this Agreement shall be required to pay pay, as provided in this Article, their fair share of the costs of representation by the Association. No employee shall be required to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of join the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of but membership in the Association as the exclusive representative as provided under Act 84 of 1988. The Districtshall be available to all employees who apply, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association consistent with the name Association's constitution and address of any employee hired after September 15, such notice to be provided within bylaws.
B. Effective thirty (30) days after the date of hire. The Association shall annually provide the District with names initial employment of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within teacher or thirty (30) days after receipt the opening of notice school in the fall semester, the District shall deduct from the monthly earnings of all employees in the collective bargaining unit, except exempt employees, their fair share of the employee’s hiringcost of representation by the Association, as provided in Section 111.70(1)(h), Wis. Stats., and as certified to the District by the Association, and pay said amount to the treasurer of the Association on or before the end of the month following the month in which such deduction was made. The District will deduct such fee provide the Association with a list of employees from whom deductions are made with each monthly remittance to the paychecks Association.
1. For purposes of each non-member in accordance with this Article, exempt employees are those employees who are members of the schedule provided, Association and shall promptly transmit the amount whose dues are deducted and remitted to the Association Treasurerby the District (or paid to the Association in some other manner authorized by the Association). The Association shall notify the District of those employees who are exempt from the provisions of this Article and shall notify the District of any changes in its membership affecting the operation of the provisions of this Article thirty (30) days before the effective date of such change.
2. The Association shall notify the District of the amount certified by the Association to be the fair share of the cost of representation by the Association, referred to above (two weeks prior to any required fair share deduction).
C. The Association agrees to certify to the District only such fair share costs as are allowed by law, and further agrees to abide by the decisions of the Wisconsin Employment Relations Commission and/or courts of competent jurisdiction in this regard. The Association agrees to inform the District of any change in the amount of such fair share costs thirty (30) days before the effective date of the change.
D. The Association shall provide employees who are not members of the Association with an internal mechanism within the Association which is consistent with the requirements of state and federal law and which will allow those employees to challenge the fair share amount certified by the Association as the cost of representation and to receive, where appropriate, a refund of any monies to which they are entitled. To the extent required by state or federal law, the Association will place in an interest-bearing escrow account any disputed fair share amounts.
E. The Association (and the Wisconsin Education Association Council) does (do) hereby indemnify and hold shall save the District harmless against any and all claims, demands, suits suits, or other forms of liability liability, including court costs, that shall arise out of or by reason of action taken or not taken by the District, which District to comply action or non-action is in compliance with the provisions of this section. All monies deducted by the School District will be reimbursed Article, and in reliance on any lists or certificates which have been furnished to the Association on District pursuant to this Article; provided that the same basis as that specified defense of any such claims, demands, suits or other forms of liability shall be under the Article control of the Association and its attorneys. However, nothing in this section shall be interpreted to preclude the District from participating in any legal proceedings challenging the application or interpretation of this Agreement on professional duesArticle through representatives of its own choosing and at its own expense. The Association agrees to provide to the Board a copy list of that information provided to non- its members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; for dues deductions and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actfair share determination.
Appears in 1 contract
Samples: Professional Employee Agreement
Fair Share. Employees in During the bargaining unit term of this Agreement, employees who are not members of the Association on shall commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” for collective bargaining and contract administration services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of by the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names employees covered by said Agreement, 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 addresses the National Education Association). Such fair share fees shall be deducted by the Board from the earnings of all bargaining unit members. The District will also provide non-members and remitted to the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireAssociation. The Association shall annually provide submit to the District with names Board a list of the employees covered by this Agreement who are non- not members of the Association, Association and an affidavit which specifies the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fair share fee. For employees hired after September 15, of each year, the Association will provide the District with the 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 bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the employee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of Association. If the employee’s hiring. The District will deduct such fee from affected non- member and the paychecks of each Association are unable to reach agreement on the organization, the organization shall be selected by the affected non-member in accordance with from an approved list of charitable organizations established by the schedule provided, Illinois Educational Labor Relations Board and the payment shall promptly transmit the amount deducted be made to the Association Treasurersaid organization. The Association will shall indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions. The Board shall promptly notify the Association if there is any lawsuit or other legal challenge to comply with the provisions of this section. All monies deducted by Article and the School District will be reimbursed Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the Board shall have the right to designate its own legal counsel in any such legal proceedings, subject to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety approval of the Fair Share FeeAssociation, as required in part (d) which approval shall not be unreasonably withheld, if such designation becomes necessary to protect its own interests, with the understanding that these indemnification provisions shall cover the cost of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch representation.
Appears in 1 contract
Samples: Basic Agreement
Fair Share. Employees in the bargaining unit who are not members of the Association on the effective date of this Agreement shall be required to pay to the Association a “"Fair Share Fee” " for services rendered as the exclusive bargaining agent. For purposes of this section, “"Fair Share Fee” " shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably reasonable employed to implement or effectuate the duties of the Association as the exclusive representative representative, as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, 15 of each year, will provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The By December 15 of each year, the Association shall annually provide the District with names of employees who are non- non-members of the Association, the amount of the “"Fair Share Fee,” ", and a payment schedule for the deduction of the fee. For employees hired after September 15, November 15 of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s 's hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, provided and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify indemnify, defend, and hold the District harmless against any and all claims, demands, suits or suits, and other forms of liability that shall arise out of or by reason of action taken by the District to comply with the provisions of this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees This Fair Share policy will be effective only if there is a reduction in the level of membership within the Association during the life of this contract, or ten percent (10%) or more members, as compared to the membership level as of the expiration date of the former contract.
A. Each employee holding a position within the bargaining unit covered by this Agreement who are is not members a member of the Association on representing such employees, and who does not become a member of the effective date Association representing such employees during the life of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative fair share fee as provided under for by Act 84 of 1988, for such period of time as he or she is not a member of the Association. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide School District and the Association agree to comply with a list all the provisions of the names Act 84 of 1988, and addresses of all bargaining unit members. The District will also provide the Association with agrees to extend to all non-members the name and address of any employee hired after September 15, such notice opportunity to be provided within thirty (30) days after join the date of hire. Association.
B. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold the District School District, and its officers, directors, employees, agents, and other representatives, harmless against any and all claims, demands, suits suits, orders, costs and/or judgments brought, or issued against the School District, and or its officers, directors, employees, agents and other forms of liability that shall arise out of or representatives, by reason any and all courts, administrative bodies, and/or arbitrators, as a result of action taken by the District to comply with the provisions of this section. All monies deducted or not taken by the School District under the provisions of the Article. The Association’s obligation to so indemnify and hold harmless the School District, and/or its officers, directors, employees, agents, and other representatives shall include, but not be limited to back pay awards, court costs, arbitrators costs, and administrative agency costs and fees.
C. The Association further agrees that it will be reimbursed defend the School District and/or the School District’s officers, directors, employees, agents and other representatives in any form of action, whether before a court of record, an administrative agency, and/or an arbitrator, where such action relates to the Association on School District and/or the same basis as that specified under Association’s compliance with the Article terms of this Agreement on professional duesArticle. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety Association’s defense of the Fair Share FeeSchool District and/or its officers, directors, employees, agents and other representatives as required in part (d) set fort herein shall be at the sole cost and expense of the Act; Association, and also to make available to the Board a copy said defense shall be provided through an attorney or attorneys of the report that must be filed by statewide employee organizations as required by Section (J) Association’s selection. Notwithstanding the foregoing, the School District retains the right, to retain its own attorney to independently monitor any such action on behalf of the Act.School District. Under such circumstances, the School District’s attorney shall not formally appear in the case, but the costs of such monitoring by the School District’s attorney shall be paid by the Association, upon fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in 1. If a full-time employee covered by this Agreement does not join the bargaining unit who are not members Clerical Council, such full-time employee will:
a. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the Association on 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 such direct payment is not made within thirty (30) calendar days following the commencement of employment of the full-time employee or the effective date of this Agreement Agreement, whichever is later, the Board of Trustees shall be required to pay to deduct the Association a “Fair Share Fee” for services rendered Fee in payments in the same manner as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed are deducted pursuant to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988Article III F.
3. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice Clerical Council agrees to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold save the District Board of Trustees harmless against any and all liability which may arise by reason of any action taken by the Board 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 suits, or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the liability.
5. The provisions of this section. All monies deducted by Fair Share Article III, H shall not apply to any person who was a member of the School District will be reimbursed Bargaining Unit and did not belong to the Association on Clerical Council as of the same basis as that specified under date of ratification of the Article of this Agreement on professional dues. The Association agrees 1984-86 Agreement, except and unless should those persons at some future date voluntarily agree to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of either the Fair Share Fee, as required provisions or take out a membership in part (d) of the Act; and also to make available Clerical Council.
6. Any full-time employee objecting to the Board Fair Share Fee based upon a copy bona fide religious body of which such full-time employee is a member shall pay an amount equal to the report that must Fair Share Fee to a non-religious charitable organization. Such organization shall be filed mutually agreed upon by statewide the full-time employee and the Clerical Council, 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.
7. Notwithstanding any provision to the contrary in this section, the parties agree in the administration of this section to adhere to the rules and regulations with respect to fair share as required promulgated from time to time by Section (J) of the ActIllinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees Beginning with the 2013-2014 school year, employees in the bargaining unit Bargaining Unit represented by the Association, who are not members of the Association on the effective date of this Agreement Association, shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agentfair share fee. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative bargaining representative, as provided under Act 84 of 1988. The School District, if possible, will on or before September 1, but no later than September 15, 15 of each year, will provide the Association with a list of the names and addresses of all bargaining unit membersBargaining Unit employees. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The By November 15 of each year, the Association shall annually provide the District with the names of current employees who are non- members nonmembers of the Association, the amount of the “Fair Share Fee,” , and a payment schedule for the deduction of the fee. For employees hired after September 15The Fair Share Fee cannot be deducted from any nonmember prior to mid-January for those Noticed in December, and mid-April for those Noticed in February. The School District and the Association agree to comply with all provisions of each yearsaid law. If any legal action is brought against the School District as a result of any actions it is requested to perform by the Association pursuant to this Article, the Association will agrees to provide for the defense of the School District at the Association’s expense and through counsel selected by the Association. The School District agrees to give the Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the amount Association in the defense of the fee and a payment schedule for deduction case. If the School District does not fully cooperate with the Association, any obligations of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and Association to provide a defense under this Article shall promptly transmit the amount deducted to the Association Treasurercease. The Association will agrees in any action so defended, to indemnify and hold the School District harmless against for any and all claims, demands, suits or other forms monetary damages the School District might be liable for as a consequence of liability its compliance with this Article; except that shall it is expressly understood that this save harmless provision will not apply to any legal action which may arise out as a result of or by reason of action taken any willful misconduct by the School District or as a result of the School District’s failure to comply with the provisions of properly perform its obligations under this sectionArticle. All monies deducted by the School District will be reimbursed disbursed to the Association on the same basis as that specified under the Article other payroll deductions. If any provision or application of this Agreement on professional dues. The Association agrees provision is held to provide be contrary to law, that provision or application shall not be deemed valid except to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed extent permitted by statewide employee organizations as required by Section (J) of the Actlaw.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in A. The provisions of this Article apply only to employees covered by the bargaining unit Agreement who are hired after September 23, 1993 and to employees who are UNION members as of this date, but who subsequently resign from the UNION. The provisions of this Article do not apply to employees who are not UNION members as of the Association on the effective date of September 23, 1993. Employees covered by this Agreement Article shall be required referred to pay to below as “covered non-members.”
B. Such fair share payment by non-members shall be deducted by the Association a “Fair Share Fee” for services rendered as BOARD from the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the Association, the amount earnings of the “Fair Share Fee,covered non-member” employees and remitted to the UNION, provided, however, that the UNION shall certify to the BOARD a payment schedule for fair share amount not to exceed the deduction dues uniformly required of members in conformity with federal and state law and Labor Board rules.
C. The BOARD shall cooperate with the UNION to ascertain the names of all employee “covered non-members” of the fee. For employees hired after September 15UNION from whose earnings the fair share payments shall be deducted, their work locations and available space to post a notice concerning fair share.
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 rules.
E. Upon adoption of each yearany UNION internal appeal procedure, the Association will provide UNION shall supply the District BOARD with a copy. In addition, the amount UNION shall advise the BOARD of subsequent changes therein.
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 fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employeeobjector’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted fees being contested to the Association Treasurer. 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 Association will UNION shall indemnify and hold harmless the District harmless BOARD, its members, officers, agents, and employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability that shall arise out of of, or by reason of action taken by the District to comply BOARD for the purposes of complying with the above provisions of this section. All monies deducted by Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.
H. If, during the School District will be reimbursed to the Association on the same basis as that specified under the Article term of this Agreement 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 professional dues. The Association agrees to provide to these matters immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actor court.
Appears in 1 contract
Samples: Master Agreement
Fair Share. Employees 832 If, and for so long as, eighty-five percent (85%) or more of the members of the 833 bargaining unit are voluntarily paying (either directly or by dues deduction) the Association’s 834 dues, the District shall deduct from each nonmember in the bargaining unit who are not members of represented by the 835 Association on the effective date of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of an amount annually certified by the Association as the exclusive representative fair share fee as provided under for 836 by Act 84 of 1988. The District, if possible, will District and Association agree to comply with all provisions of said law. 837 The Association agrees to extend to all nonmembers the opportunity to join the Association. 838 Deductions shall be made on or before September 1, but no later than September 15, of each year, provide the Association with a list same dates as deductions for those members of the names and addresses of all 839 bargaining unit memberswho have authorized in writing dues deductions, and during the time such 840 deductions are required to be made, and be in the proportionate amount which the fair share fee 841 bears to the amount deducted from those persons who have authorized deductions. The District will also provide the Association with the name and address In no event, 842 however, shall deductions of Fair Share fees be withheld via payroll deduction prior to January 843 16th of any employee hired after September 15, such notice year pursuant to be provided within thirty (30) days after the date Act 84 of hire1988. 844 The Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold the School District harmless against any and 845 all claims, demandssuits, suits orders or other forms of liability that shall arise judgments arising out of this fair share fee obligation. 846 G. Tax-Sheltered Annuities/403(b) Plan Document 847 The District and the Association agree to a 403(b) written plan document consistent with 848 the Internal Revenue Code that governs the terms of all non-elective employer contributions and 849 voluntary employee contributions to the plan. All employees shall be eligible to voluntarily 850 contribute funds, subject to the maximum limits set forth in the Internal Revenue Code. 851 Voluntary employee contributions shall be made via payroll deduction into one or by reason of action taken more 403(b) 852 accounts with vendors that are permitted under the District’s 403(b) written plan document and 853 the Internal Revenue Code. Employees shall be bound by the District to comply with the provisions of this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety terms of the Fair Share Feewritten plan document 854 as it relates to vendors, as required in part (d) transfers, exchanges, rollovers, hardship withdrawals, loans, and all other 855 terms of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actwritten plan document.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in the bargaining unit Effective August 1, 1986, all employees covered by this Agreement who are not members of the Association on shall pay to the effective date Union each month their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. This provision shall not cover teachers who were non- members prior to August 1, 1986. However, each employee who becomes a member and subsequently withdraws his/her membership shall be subject to this Agreement fair share provision. The Union shall provide a list of non-members to the Superintendent prior to October 1 each year. The Union shall certify to the Board the amount of the fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and 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 paid to the Union. Non-member employees who object to the amount of the fair share fee have the right to file an unfair labor practice charge against the Union pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations Act. Upon any such filing, the amount of each objector’s fair share payments made, and to be made pending resolution of the new charge, which is fairly placed at issue by the objection or objections, shall be placed in escrow pursuant to the regulations of the Illinois Educational Labor Relations Board. If a non-member employee declares the right of non-association based upon bona fide religious tenets or beliefs, the employee shall be required to pay an amount equal to his/her proportionate share, as determined under this fair share Agreement, to a non-religious charitable organization mutually agreed upon by the Association affected employee and the Union. If the affected employee and the Union are unable to reach an agreement on the matter, the employee may select a “Fair Share Fee” for services rendered as charitable organization from an approved list established by the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988Illinois Educational Labor Relations Board. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association Union shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless Board of Education, its members, officers, agents and employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability liability, including costs and reasonable attorney’s fees that shall arise out of or by reason of action taken by the District to comply Board for the purposes of complying with the above provisions of this section. All monies deducted by the School District will be reimbursed to the Association Article, or in reliance on the same basis as that specified any list, notice, certification affidavit or assignment furnished under the Article any of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch provisions.
Appears in 1 contract
Samples: Professional Negotiation Contract
Fair Share. Employees in the bargaining unit (1) All employees covered by this agreement who are not members of the Association union, commencing on the effective date of this Agreement agreement or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain nonmembers of the union, shall be required to pay to the Association a “Fair Share Fee” for union each month their fair share of the costs of the services rendered as by the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” union that are chargeable to non-members under state and federal law.
(2) Such fair share payment by non-members shall mean be deducted by the regular membership dues Board from the earnings of the Associationnon-member employees and remitted to the union, less provided, however, that the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties union (at least five days in advance of the Association as effective date for deduction) shall certify to the exclusive representative as provided under Act 84 Board a fair share amount not to exceed the dues uniformly required of 1988. members in conformity with state law and Labor Board rules.
(3) The District, if possible, will on or before September 1, but no later than September 15, of each year, provide School Board shall cooperate with the Association with a list of Union to ascertain the names and addresses work location of all bargaining unit membersnon-members from whose earnings the fair share payments shall be deducted. This information shall be transmitted, in writing, to the business manager.
(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 rules.
(5) Upon adoption of a Union internal appeal procedure, the Union shall supply the Superintendent with a copy. In addition, the Union shall advise the Superintendent of subsequent changes therein.
(6) Upon receipt of formal notice of any objection as to an unfair labor practice charge filed with the Labor Board, the union and the Board hereby agree to comply with Labor Board rules provided; however, nothing herein or in the Labor Board Rules shall be construed as obligating the Board to violate the provisions of any state, federal or local law or regulation or any established practice or procedure previously adopted by the Board unless and until such practice or procedure has been formally rescinded or modified. The District will also provide Board shall forward the Association with objector’s fee or portion of the name and address of any employee hired after September 15, such notice objector’s fee being contested to the Labor Board to be provided within thirty placed in an escrow account pending a decision or mutually agreeable settlement between the Union and the objector(s).
(307) days after the date of hire. The Association Union shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless Board, its members, officers, agents, and employees from and against any and all claims, demands, suits action complaints, suits, or other forms of liability that shall arise out of of, or by reason of of, action taken by the District to comply Board for the purposes of complying with the above provisions of this sectionArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions.
(8) If, during the term of this Agreement, the Labor 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 within a reasonable amount of time for the purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court. All monies deducted Furthermore, such part so declared void or not enforceable, shall at once be deemed stricken here from as of date of receipt by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to Union and the Board a copy of that information provided to non- members that is used to gauge the propriety notice of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch decision.
Appears in 1 contract
Samples: Working Agreement
Fair Share. Employees in 9.1 It is recognized that the Association’s duties as the sole and exclusive bargaining unit agent entail expenses that appropriately are shared by all teachers who are beneficiaries of said Agreement. Teachers who elect not members to join the Association will execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Association on the effective date of this Agreement shall be required to or pay directly to the Association a “Fair Share Fee” for services rendered as like sum.
9.2 In the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities event such an authorization is not signed or undertakings which were such payment is not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided made within thirty (30) days after following the commencement of employment of the teacher or effective date of hire. The Association shall annually provide this Agreement, whichever is later, the District with names of employees who are non- members of Board shall, after notification in writing from the Association, deduct such amount in equal payments from the amount regular salary check of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each yearteacher.
9.3 The Association, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule providedIllinois Education Association, IEA, and shall promptly transmit the amount deducted National Education Association, NEA, agree to the Association Treasurer. The Association will defend, indemnify and hold save the District Board harmless against any and all claims, demandsdemand, suits suit, or other forms form of liability that shall inability which may arise out of or by reason of any action taken by the District to comply Board in complying with the provisions of this sectionSection, provided that this Section shall not apply to any claim, demand, suit or other form of liability that may arise as a result of the Board’s failure to comply with the obligations imposed upon it by this Section.
9.4 The Association shall annually certify the Board the amount constituting each non member teacher’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the 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 send the objecting teacher’s fees to the IEA where said fees shall be placed in an escrow account pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Education Association or any impartial fact-finder appointed by the IEA. If the teacher is entitled to a refund, the teacher shall receive such refund plus any interest earned on the refund during pendency of the action.
9.5 If a non member teacher declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such a teacher is a member, such teacher shall be required to pay an amount equal to the 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 Labor Relations Board in accordance with its rules.
9.6 All monies dues deducted by the School District will Board shall be reimbursed remitted to the Association on no later than the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part fifteenth (d15th) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actday after such deductions are made.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees Effective with the 2012-2013 school year and when membership in the bargaining unit Association is 90% or greater of the eligible members, the Penn Manor School District shall deduct from employees who are not members of the Association on an amount annually certified by the effective date of this Agreement Association as the fair share fee as permitted by the Public Employee Fair Share Law (“Law”). Each nonmember in the bargaining unit represented by the Association under the Public Employee Relations Act shall be required to pay the fair share fee as provided by the Law. The fair share fee shall not include any amount expended by the Association for partisan, political or ideological activities that is excluded by a body that has jurisdiction to exclude certain activities. Subject to the following, the Penn Manor School District and the Association agree to apply the provisions of the Law:
1 The Association agrees to extend to all nonmembers the opportunity to join the Association.
2 Non-members with bona fide religious objections to a “Fair Share Fee” fair share fee may direct the Association to contribute their agency fee to a non-religious charity. The Association’s escrow agent shall provide verification of said payment to any affected nonmember once the total agency fee obligation has been fully satisfied via payroll deduction.
3 If any legal action is brought against the Penn Manor School District as a result of any actions it is required to perform by the Association pursuant to this Section, the Association agrees to provide for services rendered as the exclusive bargaining agentdefense of the Penn Manor School District at the Association’s expense and through counsel selected by the Association.
4 The Penn Manor School District agrees to give the Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in the defense of the case. For purposes of this section, “Fair Share Fee” shall mean If the regular membership dues of Penn Manor School District does not fully cooperate with the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties any obligation of the Association as the exclusive representative as provided to provide a defense under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. this Section shall cease.
5 The Association shall annually provide the District with names of employees who are non- members of the Associationagrees in any action so defended, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold the Penn Manor School District harmless against for any and all claims, demands, suits or other forms monetary damages the Penn Manor School District might be liable for as a consequence of liability its compliance with this Section; except that shall it is expressly understood that this save harmless provision will not apply to any legal action which may arise out as a result of or by reason of action taken any willful misconduct by the District Penn Manor School District’s failure to comply with the provisions of properly perform its obligation under this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActSection.
Appears in 1 contract
Samples: Negotiated Agreement
Fair Share. Employees in the Each bargaining unit member, as a condition of his/her employment, who are has not members authorized dues deduction on or before thirty (30) days from the date of the Association on commencement of duties or the effective date of this Agreement agreement, whichever is later, shall pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the association including local, state and national dues. In the event that the bargaining unit member does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, upon written notice from the Association the Board shall deduct the fair share fee from the wages of the non-member on the same basis as dues are deducted from the members. The Board shall pay such fee to the Association no later than ten (10) days following deduction. Annually, no later than the opening of the school term, the Association shall certify the amount of this fair share fee which fee may not include any fees for contributions related to the election of support of any candidates for political office, nor may such fair share fees exceed the dues uniformly required of Association members. Any teacher who based upon bona fide tenets or teaching of a church or a religious body of which such teacher is a member dissents from payment of the fair share to the Association shall be required to pay an amount equal to his/her proportionate share to a non-religious charitable organization mutually agreed upon by the Association teacher affected and the Association. In the event of any legal action against the Board brought in a “Fair Share Fee” for services rendered as court or administrative agency because of the exclusive bargaining agent. For purposes of Board’s compliance with this section, “Fair Share Fee” shall mean the regular membership dues Association agreed to defend such action, at its own expense and through its own counsel, provided:
1. The Board gives immediate notice of such action in writing to the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of and permits the Association intervention as the exclusive representative as provided under Act 84 of 1988a party if it so desires, and
2. The DistrictBoard gives full and complete cooperation to the association and its counsel in securing and giving evidence, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names obtaining witnesses and addresses of making relevant information available at both trial and all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireappellate levels. The Association shall annually provide the District with names of employees who are non- members of the Associationagrees that in any action so defended, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association it will indemnify and hold harmless the District harmless against Board from any liability for damages, attorney’s fees and all claimscosts imposed by, demandsor incurred as a result of, suits a final judgment of a court or other forms administrative agency, or a settlement as a direct consequence of liability that shall arise out of or by reason of action taken by the District to comply Board’s compliance with the provisions of this section. All monies deducted It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the School District will be reimbursed to Board or the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety Board’s negligent execution of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed obligations imposed upon it by statewide employee organizations as required by Section (J) of the Actthis section.
Appears in 1 contract
Samples: Professional Negotiations Agreement
Fair Share. Employees in the Each bargaining unit member, as a condition of his/her employment, who are has not members authorized dues deduction on or before thirty (30) days from the date of the Association on commencement of duties or the effective date of this Agreement agreement, whichever is later, shall pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the association including local, state and national dues. In the event that the bargaining unit member does not pay his/her fair share fee directly to the Association by a certain date as established by the Association, upon written notice from the Association the Board shall deduct the fair share fee from the wages of the non-member on the same basis as dues are deducted from the members. The Board shall pay such fee to the Association no later than ten (10) days following deduction. Annually, no later than the opening of the school term, the Association shall certify the amount of this fair share fee which fee may not include any fees for contributions related to the election of support of any candidates for political office, nor may such fair share fees exceed the dues uniformly required of Association members. Any teacher who based upon bona fide tenets or teaching of a church or a religious body of which such teacher is a member dissents from payment of the fair share to the Association shall be required to pay an amount equal to his/her proportionate share to a non-religious charitable organization mutually agreed upon by the Association teacher affected and the Association. In the event of any legal action against the Board brought in a “Fair Share Fee” for services rendered as court or administrative agency because of the exclusive bargaining agent. For purposes of Board’s compliance with this section, “Fair Share Fee” shall mean the regular membership dues Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board gives immediate notice of such action in writing to the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of and permits the Association intervention as the exclusive representative as provided under Act 84 of 1988a party if it so desires, and
2. The DistrictBoard gives full and complete cooperation to the association and its counsel in securing and giving evidence, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names obtaining witnesses and addresses of making relevant information available at both trial and all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireappellate levels. The Association shall annually provide the District with names of employees who are non- members of the Associationagrees that in any action so defended, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association it will indemnify and hold harmless the District harmless against Board from any liability for damages, attorney’s fees and all claimscosts imposed by, demandsor incurred as a result of, suits a final judgment of a court or other forms administrative agency, or a settlement as a direct consequence of liability that shall arise out of or by reason of action taken by the District to comply Board’s compliance with the provisions of this section. All monies deducted It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the School District will be reimbursed to Board or the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety Board’s negligent execution of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed obligations imposed upon it by statewide employee organizations as required by Section (J) of the Actthis section.
Appears in 1 contract
Samples: Professional Negotiations Agreement
Fair Share. Employees in the bargaining unit After July 1, 2013, all employees covered by this Agreement who are not members of the Association on Council, upon their initial employment, and continuing during the effective date term of this Agreement Agreement, and so long as they remain non-members of the Council, shall be required to pay to the Association a “Fair Share Fee” for Council each month their fair share of the costs of the services rendered as by the exclusive bargaining agentCouncil that are chargeable to non-members under state and federal law. For purposes Such fair share payment by non-member shall be deducted by the Board from the earnings of this sectionnon-member employees and remitted to the Council provided, “Fair Share Fee” however, that the Council shall mean certify to the regular membership Board a fair share amount not to exceed the dues uniformly required of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988members in conformity with state law and Labor Board rules. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide Board shall cooperate with the Association with a list of Council to ascertain the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are non- members of the AssociationCouncil from whose earnings the fair share payments shall be deducted, 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 fee information required or permitted by the Labor Relations Act and Board rules. Upon adoption of any Council internal appeal procedure, the amount Council shall supply the Board with a copy. In addition, the Council shall advise the Board of subsequent changes therein. 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 Board shall forward the objector's fee or portion of the “Fair Share Fee,” 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 a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiringobjector(s). The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and Council shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless Board, its members, officers, agents and employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability that shall arise out of of, or by reason of of, action taken by the District to comply Board for the purposes of complying with the above provisions of this sectionArticle, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. All monies deducted by If, during the School District will be reimbursed to the Association on the same basis as that specified under the Article term of this Agreement Agreement, the Labor Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the Council and the Board agree to convene negotiations on professional duesthis matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety provisions of the Fair Share FeeArticle shall not apply to any person who did not belong to the Council prior to April 1, as required in part (d) 2013, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActCouncil.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in At the bargaining unit discretion of the Association, any present Bargaining Unit Member who are is not members a dues paying member of the Association may be required by the Association to pay a fair share of the cost of the collective bargaining process and contract administration in pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of dues paying members. All Bargaining Unit Members hired on or after the effective date of this Agreement shall be required to pay and who have not made application for membership to the Association may, on or after the thirtieth (30th) day of their hire, also be asked to pay a “Fair Share Fee” fair share as defined above. Upon request of Employer, Association shall provide Employer with all information reasonably requested for services rendered the purpose of determining whether the fair share amount is appropriate and does not include amounts for inappropriate expenses. The Employer shall in no way participate in the decisionmaking process as to whether the exclusive bargaining agentAssociation elects to require Bargaining Unit Members to pay any share amount. For purposes of this sectionThe Employer shall, “Fair Share Fee” shall mean the regular membership dues of upon request by the Association, less with respect to any Bargaining Unit Member on whose behalf the cost Employer has not received a written authorization for dues deduction as provided for above, deduct from the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties wages of the Association as employee the exclusive representative as provided under Act 84 of 1988. The Districtfair share financial obligation, if possibleincluding any retroactive amount due and owing, will on or before September 1, but no later than September 15, of each year, provide and shall forward said amount to the Association with a list on the Tuesday following the issuance of pay from which the deduction is made, subject only to the following:
(a) The Association has certified to the Employer that the affected Bargaining Unit Member has been delinquent in his obligation for at least thirty (30) days;
(b) The Association has certified to the Employer that the affected Bargaining Unit Member has been notified in writing of the names provisions of this Article and addresses of all bargaining unit members. The District will also provide that the Bargaining Unit Member has been advised by the Association with of his obligations pursuant to this Article and of the name and address manner in which the Association has calculated the fair share fee;
(c) The Association has certified to the Employer that the affected Bargaining Unit Member has been given a reasonable opportunity of any employee hired after September 15, such notice to be provided within no less than thirty (30) days after to prepare and submit any objections to the date of hire. The payment and has been afforded an opportunity to have said objections adjudicated before an impartial arbitrator assigned by the Bargaining Unit Member and the Association shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction purpose of determining and resolving any objections the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted Bargaining Unit Member may have to the Association Treasurer. The Association will indemnify and hold the District harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the provisions of this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part fair share fee;
(d) of Upon objection by the Act; and also Bargaining Unit Member based on bonafide religious grounds, the fair share obligation may be paid to make available to The Backstoppers, Inc.; and,
(e) The Bargaining Unit Member has sufficient funds, after all other deductions, remaining in the Board a copy of Bargaining Unit Member’s paycheck from which the report that must owed amount may be filed by statewide employee organizations as required by Section (J) of the Actdeducted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees
(a) The Employer shall grant "Fair Share" to the Labor Council in the bargaining unit who are not members accordance with Sections 6(e)-(g) of the Association on the effective date of this Agreement shall be required to pay Illinois Public Labor Relations Act upon a satisfactory demonstration to the Association Employer that the Labor Council has provided the employee with an opportunity to submit a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this sectionsigned, “Fair Share Fee” shall mean the regular membership voluntary, dues of the Associationdeduction form, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any that said employee hired after September 15, such notice to be provided within is at least thirty (30) days after delinquent in the date voluntary payment of hiredues. The Association fair share amount to be deducted shall annually provide be set by the District with names Labor Council.
(b) Such fair share payment by non-members shall be deducted by the Employer from the earnings of the non-member employees who are non- and remitted to an address provided by the Labor Council; provided, however, that the Labor Council shall certify the amount constituting said fair share, not exceeding the dues uniformly required of members of the AssociationLabor Council, is in compliance with the requirements established by the United States Supreme Court in XXXXXX, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee payors.
(c) Upon receipt of such certification, the Employer shall cooperate with the Labor Council to ascertain the names, addresses and the work locations of all employee members and non-members of the bargaining unit from whose earnings the dues or fair share payments shall be deducted.
(d) Upon the Labor Council's receipt of notice of a formal objection by a nonmember to 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 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 escrow fund will be established and maintained by a reputable independent bank or trust company and the agreement therefore shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed funds be outside of the Labor Council control until the final disposition of the objection; and that the escrow fund will terminate and the fund therein be distributed by the terms of a mutually agreeable settlement between the Labor Council and an objector or group of objectors, or in the event no such settlement is reached, the decision of a neutral arbitrator.
(e) If an ultimate decision in any proceeding under state or federal law directs that the amount of the “Fair Share Fee,” and a payment schedule for fair share should be different than the deduction of amount fixed by the fee. For employees hired after September 15, of each yearLabor Council, the Association will provide Labor Council shall promptly adopt said determination and notify the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee Employer to change deductions from the paychecks earnings of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted members to the Association Treasurer. The Association will indemnify and hold the District harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the provisions of this section. All monies deducted by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsaid prescribed amount.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in the bargaining unit All eligible employees covered by this Agreement who are not members of the Association UNION, commencing on the effective date of this Agreement Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain nonmembers of the UNION, shall be required to pay to the Association a “Fair Share Fee” for UNION each month their fair share of the costs of the services rendered as by the exclusive bargaining agentUNION that are chargeable to nonmembers under state and federal law. For purposes The UNION shall certify to the BOARD a fair share amount not to exceed the dues uniformly required of this section, “Fair Share Fee” members in conformity with federal and state law and labor board rules. Such fair share payment by nonmembers shall mean be deducted by the regular membership dues DISTRICT from the earnings of the Association, less nonmember employees and remitted to the cost UNION within ten (10) workdays of said deduction unless required to remit a fee to the Labor Board for escrow. The BOARD shall cooperate with the previous fiscal year UNION to ascertain the names of its activities or undertakings which were not reasonably employed to implement or effectuate the duties all employee nonmembers of the Association as UNION from whose earnings the exclusive representative as provided under Act 84 of 1988fair share payments shall be deducted and their work locations and shall provide the UNION space to post a notice concerning fair share. The DistrictBOARD and UNION shall comply with the rules of the Labor Board concerning notice, if possibleobjections, will on or before September 1and related matters contained in its fair share rules. Upon adoption of any UNION internal appeal procedure, but no later than September 15, of each year, provide the Association UNION shall supply the Board with a list copy. In addition, the UNION shall advise the BOARD of the names and addresses of all bargaining unit memberssubsequent changes therein. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association UNION shall annually provide the District with names of employees who are non- members of the Association, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless BOARD, its members, officers, agents, and employees from and against any and all claims, demands, suits or other forms of liability that shall arise out of of, or by reason of action taken by the District to comply BOARD for the purposes of complying with the provisions of this section. All monies deducted Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished by the School District will UNION under any such provisions. The UNION shall not be reimbursed to responsible for the Association on attorney’s fees of any attorney for the same basis as that specified under DISTRICT other than the Article 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 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 professional dues. The Association agrees to provide to this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actor court.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. (a) The Board, having been provided the appropriate showing of interest by the Union, agrees that all Employees in the bargaining unit covered by this Agreement who are not members of the Association Union, commencing on September 1, 2004, or upon their initial appointment, and continuing during the effective date term of this Agreement Agreement, so long as they remain non-members of the Union, shall be required to pay to the Association a “Fair Share Fee” for Union each month their fair share of the costs of the services rendered as by the exclusive bargaining agentUnion that are chargeable to non-members under state and federal law. For purposes of this section, “Fair Share Fee” This provision shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before be in effect from September 1, but no later than September 152004 through August 31, 2008.
(b) The Union shall certify to the Board a fair share amount not to exceed the dues uniformly required of each year, members in conformity with federal and state law and Illinois Educational Labor Relations 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 ten (10) working days of said deduction unless required to remit a fee to the Illinois Educational Labor Relations Board for escrow.
(d) The Board shall provide the Association Union with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association shall annually provide the District with names of employees who are Employee non- members of the AssociationUnion 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 Illinois Educational Labor Relations Board concerning notice, objections, and related matters contained in its fair share rules.
(f) Upon adoption of any Union internal appeal procedure, the amount of Union shall supply the “Fair Share Fee,” and Board with a payment schedule for the deduction of the feecopy. For employees hired after September 15, of each yearIn addition, the Association will provide Union shall advise the District with the amount Board of the fee and a payment schedule for deduction of the fee within thirty subsequent change therein.
(30g) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and Union shall promptly transmit the amount deducted to the Association Treasurer. The Association will indemnify and hold harmless the District harmless 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 cost that shall arise out of of, or by reason of action taken by the District to comply Board for the purpose of complying with the above provisions of this section. All monies deducted Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished by the School District will be reimbursed to Union under any such provisions.
(h) If, during the Association on the same basis as that specified under the Article term of this Agreement on professional dues. The Association agrees to provide to 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 a copy agree to convene negotiations on this matter immediately for the sole purpose of that information provided to non- members that is used to gauge bringing this Article into compliance with the propriety standards or rulings of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the said Illinois Educational Labor Relations Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actor court.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in the bargaining unit who are not members of No employee shall be required to join the Association as a condition of employment. However, each employee, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association which shall be a proportionate amount of the dues required of members of the Association, including local, state and national dues.
A. In the event that the employee does not pay his/her fair share fee directly to the Association, the Board shall deduct the fair share fee from the wages of the non- member in the same manner as the deductions are made for members.
B. Such fee shall be paid to the Association by the Board no later than ten (10) days following the deduction. The purpose of this fair share fee is for deferring the cost of services rendered by the Association to non-members. These costs include, but are not limited to, the negotiation and administration of this Agreement. The Association shall, on a yearly basis, certify the amount of the fair share fee. The certification must be written and signed by the president of the Association and must include a financial breakdown of the fair share fee. No employee shall be required to pay the fee, nor shall the Board be required to deduct the fee, until the certification document is submitted. In addition, the Association shall certify to the Board that "Notice of Fair Share" has been given in accordance with the Illinois Educational Labor Relations Board (IELRB) rules and regulations. No payroll deductions of fair share fees shall be made by the Board until at least fourteen (14) days after such certification. The following restrictions which are mandated by law shall be observed:
A. The fair share fee shall not exceed the amount of dues normally charged to Association members.
B. The fair share fee shall not include any costs or contributions related to elections or political purposes.
C. The non-members who object to the fair share fee on bona fide religious grounds are excused from payment to the Association but must pay the amount of the fair share fee to a “Fair Share Fee” for services rendered as non-religious charitable organization mutually agreed upon by the exclusive bargaining agentnon-members and the Association. For purposes If the non-member and the Association do not agree, the non-member shall select a charity from the list developed by the IELRB. In the event of any legal action against the Board, its members, officers, agents, and teachers brought in a court or administrative agency because of compliance with this sectionfair share provision, “Fair Share Fee” the Association agrees to defend such action, at its own expense and through its own counsel, provided:
A. Except in actions filed with the IELRB, the Board shall mean the regular membership dues give prompt notice of such action, in writing, to the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of and permits the Association intervention as a party if it so desires, and
B. In any action, no matter where filed, the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide Board shall give all reasonable cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and all appellate levels, provided, however, that nothing set forth herein shall require the District to create information or release employees from work with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hirepay. The Association shall annually provide the District with names of employees who are non- members of the Associationindemnify, the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provideddefend, and shall promptly transmit hold harmless the amount deducted to the Association Treasurer. The Association will indemnify Board, its members, officers, agents, and hold the District harmless employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability or loss including, but not limited to, damages, attorneys' fees, and costs that shall arise out of or by reason of action taken by the District to comply Board for the purpose of complying with the above provisions of this sectionclause, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any such provisions. All monies deducted It is expressly understood that this save harmless provision will not apply to any claim, demand, suit, or other form of liability which may arise as a result of any type of willful misconduct by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActBoard.
Appears in 1 contract
Samples: Professional Services
Fair Share. Employees A. The ATU shall have the option of requiring an in the bargaining unit lieu of dues payment (fair share) from employees who are not members of the Association on the effective date of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit membersnonmembers. The District will also provide supply to the Association ATU the name, address, classification and date of hire of each newly hired or rehired employee on a monthly basis.
B. As to the employees described in Section A who are nonmembers of the ATU (and who have not filed the religious objection described below), the District shall, upon written request of the ATU, automatically deduct from the payroll check of the employee an amount established by the ATU as a Fair Share payment in lieu of dues as compensation to the ATU toward the cost of collective bargaining and contract administration. Such amount for a given classification shall not exceed the usual and customary monthly dues of the ATU for such classification except that for those employed on less than a 12- month basis, the annual amount may be prorated among the applicable months. The amount of such deduction shall be remitted by the District to the ATU within ten (10) days from the date thereof. An employee may file with the name District and address the ATU a written objection to such payment to the effect that the objection is based on a bona fide religious tenets or teachings of any a church or religious body of which such employee hired after September 15, such notice is a member and furnish to be provided within the District by the 15th day of the month a written receipt to the effect that an equal amount has been paid that month to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the ATU.
C. No later than thirty (30) days after prior to January 1st, April 1st, or October 1st of each year the date of hire. The Association shall annually provide ATU may file with the District with names of employees who are non- members a statement indicating the fair share amount to be deducted. If such statement is not filed by the foregoing deadlines above, the ATU shall forfeit all rights to adjust prior stated amounts until the next appropriate deadline.
D. The ATU agrees that it will indemnify, defend and save harmless the District and all persons acting on behalf of the AssociationDistrict from all suit actions, proceedings, complaints, claims, liability or expense resulting from the implementation or enforcement of this Article or any provision thereof. In the event any such liability or expense is incurred or is claimed to exist, the District may withhold the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fee. For employees hired after September 15, of each year, the Association will provide thereof from any remittances which the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted is to make to the Association Treasurer. The Association will indemnify and hold the District harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the District to comply with the ATU under provisions of this section. All monies deducted by Agreement; but this provision for withholding remittances shall not be the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety exclusive remedy of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the ActDistrict.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees The U.S. Supreme Court issued a ruling on June 27, 2018, in Xxxxx v. AFSCME, Council 31, 138 S.Ct. 2448, 2456, 201 L.Ed.2d 924 (2018), that public sector unions can no longer collect fair share fees from nonmembers. Only in the bargaining unit who are not members event that the collection of Fair Share again is deemed legal, shall each nonmember represented by the Association on the effective date of this Agreement shall be required to pay to the Association a “Fair Share Fee” for services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities fair share or undertakings which were not reasonably employed to implement or effectuate the duties of the Association as the exclusive representative nonmember fee as provided under Act 84 for by law; and the remainder of 1988Article V shall apply. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hire. The Association Bargaining Agent shall annually provide the District with names of employees who are non- members of the AssociationBargaining Agent, and the amount of the “Fair Share Fee,” and a . Commencing January 1 for each year of the Agreement the payment schedule for the deduction of the feefee shall be the same as the dues deduction schedule for members. For employees hired after September 15, 15 of each year, the Association Bargaining Agent will provide the District with the amount of the fee and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice from the District of the such employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the dues deduction schedule provided, and shall promptly transmit the amount deducted to the Association TreasurerBargaining Agent treasurer. The Association will Bargaining Agent agrees to indemnify and hold save the District harmless harmless, including each individual School Board member, against any and all claims, demands, suits costs, suits, or other forms of liability liability, including back pay and all court or administrative agency costs that shall may arise out of or by reason of action taken by the District for the purpose of complying with this provision. If any legal action is brought against the District which the Bargaining Agent is required to comply with the provisions of defend pursuant to this section. All monies deducted , said defense shall be conducted through legal counsel selected by the School District will be reimbursed to the Association on the same basis as that specified under the Article of this Agreement on professional duesBargaining Agent. The Association agrees to provide to District shall give the Board a copy Bargaining Agent reasonable notice of that information provided to non- members that is used to gauge the propriety of the Fair Share Fee, as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actany such legal action brought against it.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in During the bargaining unit term of this Agreement, employees who are not members of the Association on shall commence sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” for collective bargaining and contract administration services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of by the Association as the exclusive representative as provided under Act 84 of 1988. The District, if possible, will on or before September 1, but no later than September 15, of each year, provide the Association with a list of the names employees covered by said Agreement, 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 addresses the National Education Association). Such fair share fees shall be deducted by the Board from the earnings of all bargaining unit members. The District will also provide nonmembers and remitted to the Association with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date of hireAssociation. The Association shall annually provide submit to the District with names Board a list of the employees covered by this Agreement who are non- not members of the Association, Association and an affidavit which specifies the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fair share fee. For employees hired after September 15, of each year, the Association will provide the District with the 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 a payment schedule for deduction 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 fee within thirty (30) days after receipt of notice of the employee’s hiring. The District will deduct such fee from the paychecks of each non-member in accordance with the schedule providedIllinois Educational Labor Relations Board, and the payment shall promptly transmit the amount deducted be made to the Association Treasurersaid organization. The Association will shall indemnify and hold harmless the District harmless Board, its members, officers, agents, and employees from and against any and all claims, demands, suits actions, complaints, suits, or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions. The Board shall promptly notify the Association if there is any lawsuit or other legal challenge to comply with the provisions of this section. All monies deducted by Article, and the School District will be reimbursed Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the Board shall have the right to designate its own legal counsel in any such legal proceedings, subject to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety approval of the Fair Share FeeAssociation, as required in part (d) which approval shall not be unreasonably withheld, if such designation becomes necessary to protect its own interests, with the understanding that these indemnification provisions shall cover the cost of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch representation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. Employees in During the bargaining unit term of this Agreement, teachers who are not members of the Association on shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement shall be required to Agreement, whichever is later, pay a fair share fee to the Association a “Fair Share Fee” for collective bargaining and contract administration services rendered as the exclusive bargaining agent. For purposes of this section, “Fair Share Fee” shall mean the regular membership dues of the Association, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of by the Association as the exclusive representative as of the teachers covered by said Agreement, provided under Act 84 the fair share fee shall not exceed the dues attributable to being a member of 1988the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). The District, if possible, will on In the event that the teacher does not pay his or before September 1, but no later than September 15, of each year, provide her fair share directly to the Association with by a list of certain date established by the names and addresses of all bargaining unit members. The District will also provide the Association with the name and address of any employee hired after September 15Association, such notice fair share fee shall be deducted by the District from the earnings of non-members and remitted to be provided within thirty (30) days after the date of hireAssociation. The Association shall annually provide submit to the District with names a list of employees the teachers covered by this Agreement who are non- not members of the AssociationAssociation and an affidavit, which specifies the amount of the “Fair Share Fee,” and a payment schedule for the deduction of the fair share fee. For employees hired after September 15, of each year, the Association will provide the District with the 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 on bona fide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by the teacher and a payment schedule for deduction of the fee within thirty (30) days after receipt of notice of Association. If the employee’s hiring. The District will deduct such fee from affected non- member and the paychecks of each Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member in accordance with from an approved list of charitable organizations established by the schedule provided, Illinois Educational Labor Relations Board and the payment shall promptly transmit the amount deducted be made to the Association Treasurersaid organization. The Association will shall indemnify and hold harmless the District harmless District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that shall arise out of or by reason of any action taken or not taken by the District for the purpose of complying with the above provisions of this Article, or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to comply with the provisions of this section. All monies deducted by Article and the School Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District will be reimbursed shall have the right to designate its own legal counsel in any such legal proceedings, subject to the Association on the same basis as that specified under the Article of this Agreement on professional dues. The Association agrees to provide to the Board a copy of that information provided to non- members that is used to gauge the propriety approval of the Fair Share FeeAssociation, as required in part (d) which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of the Act; and also to make available to the Board a copy of the report that must be filed by statewide employee organizations as required by Section (J) of the Actsuch representation.
Appears in 1 contract
Samples: Basic Agreement