Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide 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 the Association. If the affected non-member and the Association are unable to reach an 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 shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 4 contracts
Samples: Basic Agreement, Basic Agreement, Basic Agreement
Fair Share. During Employees in the term of this Agreement, teachers bargaining unit who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after on the effective date of this Agreement, whichever is later, Agreement shall be required to pay a fair share fee to the Association a “Fair Share Fee” for collective bargaining and contract administration services rendered by 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 teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member names and addresses of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)all bargaining unit members. In the event that the teacher does not pay his or her fair share directly to The District will also provide the Association by a certain date established by with the Associationname and address of any employee hired after September 15, such fair share fee shall notice to be deducted by provided within thirty (30) days after the District from the earnings date of non-members and remitted to the Associationhire. The Association shall annually submit to provide the District a list with names of the teachers covered by this Agreement employees who are not non- members of the Association and an affidavitAssociation, which specifies the amount of the fair share “Fair Share Fee,” and a payment schedule for the deduction of the fee. The For employees hired after September 15, of each year, the Association will provide the District with the amount of the fair share fee shall not include any contributions related to and a payment schedule for deduction of the election or support fee within thirty (30) days after receipt of any candidate for political office or for member-only benefitnotice of the employee’s hiring. Non-members who object to this fair share The District will deduct such fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon by from the teacher and the Association. If the affected paychecks of each non-member in accordance with the schedule provided, and shall promptly transmit the amount deducted to the Association are unable to reach an 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 organizationTreasurer. The Association shall will indemnify and hold the District harmless the 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 to comply 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 the provisions of this Article and section. All monies deducted by the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the School District shall have the right to designate its own legal counsel in any such legal proceedings, subject will be reimbursed to the approval 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 AssociationFair Share Fee, which approval shall not unreasonably as required in part (d) of the Act; and also to make available to the Board a copy of the report that must be withheld, if such designation becomes necessary to protect its own interest, with filed by statewide employee organizations as required by Section (J) of the understanding that these indemnification provisions shall cover the cost of such representationAct.
Appears in 4 contracts
Samples: A Proposed Agreement, A Proposed Agreement, A Proposed Agreement
Fair Share. During the term of this Agreement, all teachers covered by this Agreement who are not members of the Association PREA shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association PREA for collective bargaining and contract administration the services rendered by the Association PREA in negotiating and administering this Agreement as the exclusive representative of the teachers covered by said this Agreement, provided the that such fair share fee shall not exceed the PREA dues attributable to being a member (including IEA and NEA dues) uniformly required of members of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)PREA. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the AssociationPREA. The Association PREA shall annually submit to the District Board a list of the teachers covered by this Agreement who are not members of the Association PREA and an affidavit, affidavit which specifies specified the amount of the fair share feefee as defined above. The amount of the fair share fee collected from non-members shall not include any be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 000 (1986), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association with respect to fair share fee payors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee as defined above to a non-religious, religious charitable organization mutually agreed upon by the teacher and the AssociationPREA/IEA. If the affected non-member and the Association PREA/IEA are unable to reach an 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 PREA/IEA shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that 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 upon on any list, notice, certification, affidavit affidavit, or assignment assignments furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 4 contracts
Samples: Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. During the term of this Agreement, all teachers covered by this Agreement who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration the services rendered by the Association in negotiating and administering this Agreement as the exclusive representative of the teachers covered by said this Agreement, provided the that such fair share fee shall not exceed the Association dues attributable to being a member (including IEA and NEA dues) uniformly required of members of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District Board a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share feefee as defined above. The amount of the fair share fee collected from non-members shall not include any be used for contributions related to the election or and/or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee and/or the responsibilities of the Association with respect to fair share fee payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets tenants or teaching teachings shall pay an amount equal to such fair share fee as defined above to a non-religious, religious charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an 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 shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that 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 upon on any list, notice, certification, affidavit affidavit, or assignment assignments furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 3 contracts
Fair Share. During the term of this Agreement, teachers employees who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers employees covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District Board a list of the teachers employees covered by this Agreement who are not members of the Association and an affidavit, affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the Association. If the affected non-member and the Association are unable to reach an 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 shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District Board shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District Board shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not be unreasonably be withheld, if such designation becomes necessary to protect its own interestinterests, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 3 contracts
Fair Share. During the term of this Agreement, teachers employees who are do not choose to become dues paying members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, Union shall pay a fair share fee to the Association Union for collective bargaining and contract administration services rendered by the Association Union as the exclusive representative of the teachers employees covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including Union. The Union shall periodically submit to the Illinois Education Association Employer a list of the members covered by this Agreement who are not members of the Union and shall periodically advise the National Education Association). In Employer of the event that amount of the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fee. Such fair share fee fees shall be deducted by the District Employer from the earnings of non-members and remitted to the AssociationUnion. The Association shall annually submit Union agrees with the requirements in Chicago Teachers Union x. Xxxxxx, 000 X.X. 000 (1986), with respect to the District a list constitutional rights of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee. The amount fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not include any contributions related be subject to the election or support of any candidate for political office or for member-only benefitgrievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings, as defined under the Illinois Public Labor Relations Act (IPLRA), shall submit in writing to the SEIU Local 73 Secretary Treasurer of their objections and shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the AssociationUnion. If the affected non-non- member and the Association Union are unable to reach an 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 State Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. During the term of this Agreement, teachers all non-probationary bargaining unit employees who are not members of the Association shall, commencing sixty (60) days after their Union shall pay as a condition of employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association Union for collective bargaining and contract administration services rendered by the Association Union as the exclusive representative of the teachers employees covered by said this Agreement, provided that the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)Union. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District City from the earnings of non-members and remitted to the AssociationUnion in the same manner and intervals as Union dues are deducted. The Association Union shall annually periodically submit to the District City a list of the teachers employees covered by this Agreement who are not members of the Association Union and an affidavit, affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election of or support of any candidate for political office or for any member-only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 106 S.Ct.1066 (1986); and on remand at 922 F.2d 1306 (1991), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the AssociationUnion. If the affected non-member and the Association Union are unable to reach an 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 State Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 2 contracts
Samples: Service Employees, Service Employees
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All Teachers covered by this Agreement who are not members of the Association, commencing on the effective date of this Agreement, or upon their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the 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 affidavit, which specifies acknowledgment that non-members retain the right to object to the amount of the fair share feefee by filing an objection with the IELRB. Upon receipt of said affidavit the Board shall cooperate with the Association to ascertain the names of all Teacher non-members of the Association from whose earnings the fair share payments shall be deducted. The Association shall cause to be posted in all work locations a notice containing the fair share fee information specified above and advising that any non-member may object to the amount of the fee by filing a fair share fee objection. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee shall not include any contributions related to should be lower than 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 bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon fixed by the teacher and the Association. If the affected non-member and , the Association are unable to reach an agreement on shall promptly adopt said determination and notify 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 reduce deductions from the payment shall be made earnings of non- members to said organizationprescribed amount. The Association shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees Teachers from any, and against any and all claims, demands, actions, complaints, suits 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 purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any such provision. If during the term of this Agreement, the such provisions. The District shall promptly notify the Association if there is Labor Board or a court of competent jurisdiction rules any lawsuit or other legal challenge to the provisions part of this Article void or not enforceable, the Association and Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or ruling of said Labor Board or court. Any Teacher objecting to the Fair Share Fee based upon bona fide religious tenets or teaching of a church or religious body of which such Teacher is a member, shall pay an amount equal to the Fair Share Fee to a non-religious charitable organization. Such organization shall be mutually agreed upon by the Teacher and the Association, upon or in the absence of such notice being givenagreement, 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 have commence on November 15th and finish on June 30th of the right following year (sixteen (16) paychecks). In the event that a Teacher resigns or is terminated from the employment of the Board, or requests a leave of absence from the Board prior to designate legal counsel to defend such action; provided, howevertermination of the current authorization, the District Board shall have deduct the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall unpaid portion from his/her final paycheck. If final paycheck does not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationunpaid balance, the Association shall be held liable.
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
Fair Share. During Any present employee who is not a member of the term Chapter, and any employee hired on or after the effective date of this Agreement, teachers Agreement who are does not members become a member of the Association Chapter within 30 days after date of hire shall, commencing sixty (60) 30 days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, and as a condition of employment, pay a fair share fee to the Association for Chapter each month, through payroll deduction, the employee’s proportionate share of the costs of the collective bargaining process, contract administration, and contract administration services rendered by the Association as the exclusive representative pursuing matters affecting wages, hours and conditions of the teachers covered by said Agreement, provided the fair share fee employment. The Chapter shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly certify to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of Village which employees are non-members and the amount constituting each non- member employee’s proportionate share (hereinafter “fair share”), which shall not exceed dues uniformly required of members. Fair share deductions shall be made on the first Village payday of each month and shall be remitted to the AssociationChapter within 21 days of the date the deduction is made. The Association No deduction shall annually submit be made for any non-member employee until the Chapter certifies to the District Village that a list notice has been given to that employee containing the following information: (a) a summary of the teachers covered by this Agreement who are not members major categories of Chapter expenses, together with an explanation of the Association and formula used for calculating the fair share fee; (b) a statement that the summary has been verified by an affidavit, which specifies independent auditor applying generally accepted accounting principles; (c) a statement that a procedure exists whereby fair share payers may object to the amount of the fair share feefee and have their objections determined within a reasonably prompt period by an impartial decision-maker, and an explanation of the procedure; and (d) a statement that there exists an escrow account into which contested payments will be placed while non-members’ objections are pending. The amount Chapter shall have the sole responsibility for providing fair share notices to all non- member employees. The Village shall have no responsibility concerning, and makes no representation regarding, the legal sufficiency or factual accuracy of the Chapter’s fair share calculations, fair share amount, or fair share procedures, as described in the aforementioned notice. Upon notification by the Chapter that any member employee is 60 days or more in arrears in his Chapter dues, the Village shall immediately begin to treat such employee in all respects as a fair share fee shall not include any contributions related payer, subject to the election or support provisions of any candidate for political office or for member-only benefit. Non-members who object the preceding paragraphs of this Section, and shall continue to this fair share fee based on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, charitable organization mutually agreed upon do so until notified by the teacher and Chapter that the Associationemployee is current in dues payments. If the affected Should any non-member and employee subsequently become a member of the Association are unable to reach an agreement on the organizationChapter, 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 shall indemnify and hold harmless the 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 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 Chapter shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions Village of this Article such fact, and the Association, upon Village shall cease to make fair share payroll deductions for such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, employee effective with the understanding that these indemnification provisions shall cover month in which the cost of such representationemployee became a member.
Appears in 2 contracts
Samples: www.village.bartlett.il.us, www.village.bartlett.il.us
Fair Share. During Effective with the term of this Agreement, teachers who are not members start of the Association shall1993-94 school year, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the all teachers covered by this Agreement who are not members of the Association Union shall during the term of this Agreement, and an affidavitso long as they remain non- members of the Union, which specifies pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non- members a copy of the basis of the calculation of the fee. The Union shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board from the earnings of the non-member teachers on the same time schedule as Union dues and be paid to the Union. The amount of certified by the fair share fee Union shall not include any fees for contributions related to the election or support of any candidate for political office office. Nothing in this Section shall preclude the non-member employee from making voluntary political contributions in conjunction with his or for member-only benefit. Non-members who object to this her fair share fee payment. This fair share agreement shall safeguard the right of non- association of teachers based on upon bonafide religious tenets or teaching shall of a church or religious body of which such teachers are members. Such teachers may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher teachers affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, 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 Board. Non-member teachers 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. Additionally, non- member teachers who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the payment Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to said organizationthe Act. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys` fees, and costs 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 2 contracts
Fair Share. During the term of this Agreement, teachers full-time faculty members who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers full-time faculty members covered by said this Agreement, provided the . Such fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District Board a list of the teachers full-time faculty members covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee, which amount shall not exceed the dues uniformly required of members of the Association. The amount of the fair share fee certified by the Association shall not include any fees for contributions related to the election or support of any candidate for political office or for member-member only benefitbenefits. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings of a church or religious body shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher full-time faculty member and the Association. If the affected effected non-member and the Association are unable to reach an agreement Agreement on the organization, the organization shall be selected by the affected effected non-member from an approved list of charitable organizations established by the Illinois Educational Education Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the DistrictBoard, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that 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 Articlearticle, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District Board shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District Board shall have the right to designate its own legal counsel counsel, if the Board determines it is necessary, in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 2 contracts
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide 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 the Association. If the affected non-non- member and the Association are unable to reach an 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 shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 2 contracts
Samples: Basic Agreement, Basic Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after Commencing on the effective date of this Agreement, whichever is lateror within thirty days from their date of hire by the Board of Education, bargaining unit employees who do not become members of the Union shall pay a to the Union each month their fair share fee to of the Association for collective bargaining and contract administration costs of the services rendered by the Association as Union that are chargeable to non-members under State and Federal law. The Union shall certify to the exclusive representative of the teachers covered by said Agreement, provided the Board a fair share fee shall amount not to exceed the dues attributable to being a member uniformly required of members in conformity with Federal and State law and the Rules of the North Xxxxx Education Association Illinois Educational Labor Relations Board (including the Illinois Education Association and the National Education AssociationIELRB). In the event that the teacher does not pay his or her Such fair share directly to the Association payment by a certain date established by the Association, such fair share fee covered non-members shall be deducted by the District Board from the earnings of covered non-members and remitted to the Association. The Association shall annually submit Union within ten work days of said deduction unless the Board is required to remit a fee to the District a list of IELRB for escrow. In no event shall the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the Board begin such fair share fee deduction earlier than fourteen days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Union as provided in the previous paragraph. The Union and the Board shall not include any contributions comply with the Rules of IELRB concerning notice, objections, and related to matters contained in its fair share fees. The fair share notice posted by the election or support of any candidate for political office or for member-only benefit. NonUnion shall advise the covered non-members who of their right to so object to this fair share fee and of the procedure for so doing. If a covered non-member established the right of non-association based on bonafide upon bona fide religious tenets or teaching of a church or religious body of which such employees are members, such covered non-member shall be required to pay an amount equal to such the covered non-members fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the AssociationUnion. If the affected non-member employee and the Association Union are unable to reach an agreement on the organizationmatter, the a charitable organization shall be selected from a list established and approved 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 organizationIELB in accordance with its Rules. The Association shall indemnify Board agrees to notify the Union promptly in writing of any written claim, demand or suit in regard to which it will seek to implement the provisions of the previous paragraph, and hold harmless if the DistrictUnion so requests in writing, its members, officers, agents and employees from any, against to surrender any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by to the District Union for defense. If, during the purpose of complying with the above provisions term of this ArticleAgreement, the IELRB or in reliance upon a court of competent jurisdiction rules 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 the provisions part of this Article void or not enforceable, the Union and the Association, upon such notice being given, shall have Board agree to convene negotiations on this matter immediately for the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval sole purpose of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, bringing this Article into compliance with the understanding that these indemnification provisions shall cover the cost standards of such representationruling of said IELRB or court.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Fair Share. During the term of this Agreement, teachers All full-time TEACHER AIDES who are not members of the Association Union shall, commencing sixty (60) days after their employment or sixty (60) days after initial employment, and continuing during the effective date term of this Agreement, whichever is laterand so long as they remain non-members of the Union, pay a to the Union each month their fair share fee to of the Association for collective bargaining and contract administration cost of the services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable Union that are chargeable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members under state and remitted federal law. Full- time teacher aides employed, and receiving their first pay prior to June 30, 2003, shall be exempted from the Fair Share provisions, provided they are continuously employed in the bargaining unit. The Union shall certify to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies 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 Teacher Aides and paid to the Union. Non-member Teacher Aides who object to the amount of the fair share fee shall not include 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 contributions related such filing and notice of such to the election or support Union, the Union shall place in an interest- bearing escrow account, separated from other funds held by the Union, the amount of any candidate for political office or for member-only benefit. Non-members who object to this each objector’s fair share fee payments made, and to be made, pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. If a non-member Teacher Xxxx declares the right of non-association based on either upon bonafide religious tenets tenets, or teaching teachings of a church or religious body of which such Teacher Aide is a member, or upon philosophical differences, such non-member shall be required to pay an amount equal to such the Teacher Aide’s proportionate fair share, as determined under this fair share fee agreement, to a non-religious, religious charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association Union from a list compiled by the Union and the Board. If the affected Teacher Aide and the Union are unable to reach an agreement on the organizationmatter, the Teacher Aide may select a charitable organization shall be selected by for receipt of the affected non-member payment from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationBoard. The Association Union shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits 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 purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Contractual Agreement
Fair Share. During the term of this Agreement, teachers bargaining unit members who are not members of the Association Union shall, commencing sixty thirty (6030) days after their employment or sixty thirty (6030) days after the effective date of this Agreement, whichever is later, pay a uniform fair share fee to the Association Union for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said AgreementUnion, provided that the fair share fee shall not exceed the dues attributable to for being a member of the North Xxxxx Education Association (including Union. A check‐off authorization card will not be required for the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her withholding of fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Associationfees. The Association Union shall annually periodically submit to the District City a list of the teachers employees covered by this the Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share feeUnion. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office office, or for member-only any member‐only benefit. Non-members The Union agrees to assume full responsibility to insure full compliance with the requirements set forth by the United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share payers as well as all applicable provisions of the Illinois Public Labor Relations Act and rules and regulations promulgated there under relating to fair share fees. It is specifically agreed that any dispute a fair share fee payer may have with the Union concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non‐members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall direct the Union to pay an amount equal to such fair share fee to a non-religious, non‐religious charitable organization mutually agreed upon by the teacher employee and the AssociationUnion. If the affected non-member non‐member and the Association Union are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member non‐member from an approved list of charitable organizations established by the Illinois Educational State Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. During the term of All teachers covered by this Agreement, teachers Agreement who are not members of the Association Union shall, commencing sixty (60) days after their employment employment, or sixty (60) days after the effective date of this Agreement, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay a to the Union their fair share fee to of the Association for collective bargaining and contract administration cost of the services rendered by the Association as Union that are chargeable to non-members under state and federal law. The Union shall certify to the exclusive representative Board the amount of the teachers covered by said Agreement, provided the annual fair share fee shall fee, not to exceed the dues attributable to being a member uniformly required of members of the North Xxxxx Education Association (including Union, and shall supply the Illinois Education Association Board and the National Education Association)non-members a copy of the basis of the calculation of the fee. In The Union shall further certify to the event Board that “Notice of Fair Share” has been posted in accordance with the teacher does not pay his or her IELRB rules and regulations. No payroll deduction of fair share directly to the Association by a certain date established by the Association, fees shall be made until at least fourteen (14) days after such certification. Such fair share fee payments shall be deducted by the District Board from the earnings of the non-members member teachers and remitted be paid to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share feeUnion. The amount of certified by the fair share fee Union shall not include any fees for contributions related to the election or support of any candidate for political office office. Nothing in this Section shall preclude the non-member employee from making voluntary political contributions in conjunction with his or for member-only benefit. Non-members who object to this her fair share fee payment. This fair share agreement shall safeguard the right of non- association of teachers based on upon bonafide religious tenets or teaching shall of a church or religious body of which such teachers are members. Such teachers may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher teachers affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Rela- tions Board. Non-member teachers 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 Board Act. Additionally, non-member teachers who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the payment Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to said organizationthe Act. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During Beginning with the term of this Agreement2013-2014 school year, teachers employees in the Bargaining Unit represented by the Association, who are not members of the Association shallAssociation, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, shall be required to pay a fair share fee 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 Association for collective bargaining and contract administration services rendered by duties of the Association as the exclusive representative bargaining representative, as provided under Act 84 of 1988. The School District, on or before September 15 of each year, will provide the Association with a list of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member names and addresses of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)all Bargaining Unit employees. In the event that the teacher does not pay his or her fair share directly to The District will also provide the Association by a certain with the name and address of any employee hired after September 15, such notice to be provided within thirty (30) days after the date established by of hire. By November 15 of each year, the Association shall provide the District with the names of current employees who are nonmembers of the Association, such fair share fee shall the amount of the Fair Share Fee, and a payment schedule for the deduction of the fee. The 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 said 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 agrees to provide for the defense of the School District from at the earnings of non-members Association’s expense and remitted to through counsel selected by the Association. The School District agrees to give the Association shall annually submit immediate notice of any such legal action brought against it, and agrees to cooperate fully with the District a list Association in the defense of the teachers covered by this Agreement who are case. If the School District does not members fully cooperate with the Association, any obligations of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee to provide a defense under this Article 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 bonafide 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 the Association. If the affected non-member and the Association are unable to reach an 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 organizationcease. The Association shall agrees in any action so defended, to indemnify and hold the School District harmless for any monetary damages the District, School District might be liable for as a consequence of its members, officers, agents and employees from any, against compliance with this Article; except that it is expressly understood that this save harmless provision will not apply to any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that legal action which may arise out of or by reason as a result of any action taken or not taken willful misconduct by the School District for or as a result of the purpose of complying with School District’s failure to properly perform its obligations under this Article. All monies deducted by the above provisions School District will be disbursed to the Association on the same basis as other payroll deductions. If any provision or application of this Articleprovision is held to be contrary to law, that provision or in reliance upon any list, notice, certification, affidavit or assignment furnished under any of the such provisions. The District application shall promptly notify the Association if there is any lawsuit or other legal challenge not be deemed valid except to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationextent permitted by law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All employees covered by this Agreement who are not members of the Association Union shall, commencing on the effective date of this Agreement, or sixty (60) days after their initial employment, and an affidavitcontinuing during the term of this Agreement, which specifies and so long as they remain non-members of the Union, pay to the Union each month their fair share of the cost of the services rendered by the Union that are chargeable to non- members under state and federal law. The provisions of this Section shall not apply to any employee who was a member of the bargaining unit but did not belong to the Union as of May 31, 1985, except and unless such employee at some future date voluntarily agrees to either pay fair share or to become a member of the Union. 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 shall not include 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 contributions related such filing and notice of such to the election or support Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of any candidate for political office or for member-only benefit. Non-members who object to this each objector's fair share fee payments made, and to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. If a non-member employee declares the right of non-association based on bonafide upon bona- fide religious tenets or teaching the teachings of a church or religious body of which such employee is a member, the employee shall be required to pay an amount equal to such his/her proportionate share, as determined under this fair share fee agreement, to a non-religious, religious charitable organization mutually agreed upon by the teacher affected employee and the AssociationUnion. If the affected non-member employee and the Association Union are unable to reach an agreement on the organizationmatter, the employee may select a charitable 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 organizationBoard. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits 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 purposes of complying with the above provisions of this ArticleSection, or in reliance upon on any list, notice, certification, certification affidavit or assignment furnished under any of the such provisions. The District This shall promptly notify the Association if there is any lawsuit or other legal challenge include reimbursement and payment to the provisions District of this Article any and all attorney fees, costs or damages incurred by or advanced against the Association, upon such notice being given, shall have the right to designate legal counsel to defend School District arising out of such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All employees covered by this Agreement who are not members of the Association Union pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non- members under state and an affidavit, which specifies federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non- members a copy of the basis of the calculation of the fee. The amount Union shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after the certification. The fair share payments shall be deducted by the Board from the earnings of the non-member employees and be paid to the Union. Nothing in this Section shall preclude the non-member employee from making voluntary political contributions in conjunction with his/her fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefitpayment. Non-members who object to this This fair share fee agreement shall safeguard the right of non-association of employees based on bonafide upon bona fide religious tenets or teaching shall teachings of a church or religious body of which such employees are members. Such employees may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher employees affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, 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 Board. 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. Additionally, non-member employees who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the payment Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made pending resolution of the charge, [which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to said organizationthe Act. The Association Union shall indemnify and hold harmless the DistrictBoard, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers Each Employee who are is not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association following thirty (including 30) days of initial employment in the Illinois Education bargaining unit, shall either voluntarily become a member of the Association and or pay to the National Education Association). In the event that the teacher does not pay his or Association his/her fair share directly to of the Association costs of services rendered by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit certify to the District a list of employer in writing and deliver to the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies employer for posting on bulletin boards used for employee notices the amount of the fair share fee. The amount of the fair share 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 bonafide 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 the Association. If the affected non-member and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by calculated in accordance with the Illinois Educational Labor Relations Act and applicable regulations of the Illinois Educational Labor Relations Board. The Board and shall pay the payment shall be made fee to said organizationthe Association no later than ten (10) calendar days following deduction. The Association shall deliver notices to the employer for Employees new to the bargaining unit describing the obligation of the preceding paragraph, and the amount of the Fair Share fee for delivery to the new employee by the employer. The obligation to deduct the Fair Share fee shall not commence until the requirements of this paragraph have been met, and the new employee has received at least fourteen (14) calendar days’ notice of the Fair Share fee. The obligation to pay a Fair Share fee to the Association will not apply to any Employee who, on the basis of a bona fide religious xxxxx or teaching of the church or a religious body of which such Employee is a member, objects to the payment of a Fair Share fee to the Association and who files a written objection in the manner prescribed by the IELRB. In the event that a non-member of the Association files the religious objection and a collection is made of the Fair Share fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization. In the event that an objection is filed with the IELRB concerning Fair Share by a nonmember during the term of this agreement, the Board shall continue to deduct the Fair Share fee from the objecting Employee’s pay, but shall transmit the portion of said fee objected to the IELRB which shall hold the fee in escrow. The IELRB shall investigate and consider the Fair Share fee objections and determine the amounts to be apportioned to the nonmember and to the Association. In the event of any legal action or unfair labor practice charge against the Board, brought in a court or before the IELRB, by the reason of any action taken by the Board in complying with the provisions of this article (Fair Share), the Association agrees to indemnify and hold harmless the DistrictBoard from any liability, its membersincluding attorney’s fees, officers, agents and employees provided such liability did not arise from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason willful misconduct. The Board agrees to give the Association timely notice of any legal action taken or not taken by the District for the purpose of complying specified in this section. The Board will cooperate with the above provisions of this ArticleAssociation and its counsel in making relevant information available to said parties, 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 the provisions of this Article and action occurs against the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. During the term of Teachers covered by this Agreement, teachers agreement and who are not currently members of the Association, and who do not join said Association, shall be required to pay their fair share of the collective bargaining process, contract administration and pursuing matters affecting wages, hours, and conditions of employment. The Association shall, commencing sixty shall annually certify to the Board the amount constituting each member employee’s fair share. Such certification shall be made in writing by the Association president and submitted to the district office on September 1 of each year. In the event that the non-member teacher does not pay his/her fair share fee directly to the Association on or before thirty (6030) days after their employment from the commencement of duties or sixty (60) days after the effective date of this the Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established upon notification by the Association, the Board shall deduct such fair share fee shall be deducted by the District from the earnings of the non-members member teacher and remitted pay such amount to the AssociationAssociation on a date no later than ten (10) days following such deduction. The Association Such amount shall annually submit be deducted at a proportionate rate per pay period. A non-member teacher who pays such fair share shall be entitled, upon written request, to the District receive a list of the teachers covered by this Agreement who are not members of refund from the Association and an affidavit, which specifies the that is equal in amount of the fair share fee. The amount to that portion of the fair share fee shall not include any contributions related to the election or support of any candidate that otherwise would be expended for political office activities unrelated to collective bargaining, contract administration, or for membergrievance processing. If a non-only benefit. Nonmember teacher declares the right of non-members who object to this fair share fee association based on upon bonafide religious tenets or teaching of a church or religious body of which such teacher is a member, such teacher shall be required to pay an amount equal to such his/her fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member teacher and the Association are unable to reach an agreement on the organizationmatter, the teacher may select a charitable organization shall be selected by the affected non-member from an a list established and approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the 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 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 ArticleBoard, or in reliance upon any listthe event no such Board is convened, notice, certification, affidavit or assignment furnished under any such list shall be established by the Board of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article Education and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Master Contract
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All Employees covered by this Agreement who are not members of the Association Union shall pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and an affidavit, which specifies federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non- members a copy of the basis of the calculation of the fee. The amount of certified by the fair share fee Union shall not include any fees for contributions related to the election or support of any candidate for political office office. Nothing in this Section shall preclude the non-member Employee from making voluntary political contributions in conjunction with his or for member-only benefit. Non-members who object to this her fair share fee payment. The Union shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board from the earnings of the non- member Employees, under the same time schedule as regular Union dues, and be paid to the Union. This fair share agreement shall safeguard the right of non-association of Employees based on upon bonafide religious tenets or teaching shall of a church or religious body of which such Employees are members. Such Employees may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher Employees affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, 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 Board. 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. The Union and the payment Board shall be made to said organizationcomply with the fair share rules of the IELRB. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents agents, and employees Employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs 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 ArticleSection, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the All teachers covered by this Agreement who are not members of the Association Union shall pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non- members under state and an affidavit, which specifies federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non-members a copy of the basis of the calculation of the fee. The Union shall further certify to the Board that "Notice of Fair Share" has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board on a pro-rata basis from the earnings of the non-member teachers on the same time schedule as Union dues and be paid to the Union. The amount of certified by the fair share fee Union shall not include any fees for contributions related to the election or support of any candidate for political office office. Nothing in this Section shall preclude the non-member teacher from making voluntary political contributions in conjunction with his or for member-only benefit. Non-members who object to this her fair share fee payment. This fair share agreement shall safeguard the right of non-association of teachers based on upon bonafide religious tenets or teaching shall of a church or religious body of which such teachers are members. Such teachers may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher teachers affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, 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 Board. Non-member teachers 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. Additionally, non- member teachers who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the payment Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector's fair share payments made, and to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to said organizationthe Act. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys' fees, and costs 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this AgreementEffective August 1, teachers who are not members of the Association shall1986, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers all employees covered by this Agreement who are not members of the Association shall pay to the Union each month their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and an affidavitfederal law. This provision shall not cover teachers who were non- members prior to August 1, which specifies 1986. However, each employee who becomes a member and subsequently withdraws his/her membership shall be subject to this 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 not include any contributions related be placed in escrow pursuant to the election or support regulations of any candidate for political office or for memberthe Illinois Educational Labor Relations Board. If a non-only benefit. Nonmember employee declares the right of non-members who object to this fair share fee association based on bonafide upon bona fide religious tenets or teaching beliefs, the employee shall be required to pay an amount equal to such his/her proportionate share, as determined under this fair share fee Agreement, to a non-religious, religious charitable organization mutually agreed upon by the teacher affected employee and the AssociationUnion. If the affected non-member employee and the Association Union are unable to reach an agreement on the organizationmatter, the employee may select a charitable 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 organizationBoard. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including costs and reasonable attorney’s fees that shall arise out of or by reason of any action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Professional Negotiation Contract
Fair Share. During the term of this AgreementAfter July 1, teachers who are not members of the Association shall2013, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers all employees covered by this Agreement who are not members of the Association Council, upon their initial employment, and an affidavitcontinuing during the term of this Agreement, which specifies and so long as they remain non-members of the Council, shall pay to the Council each month their fair share of the costs of the services rendered by the Council that are chargeable to non-members under state and federal law. Such fair share payment by non-member shall be deducted by the Board from the earnings of non-member employees and remitted to the Council provided, however, that the Council shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with state law and Labor Board rules. The Board shall cooperate with the Council to ascertain the names of all employee non- members of the Council from whose earnings the fair share feepayments shall be deducted, their work locations, and available space to post a notice concerning fair share. The amount of 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 Council shall not include any contributions related 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 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 bonafide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religiousLabor Board, charitable organization mutually agreed upon by the teacher Council and the AssociationBoard, hereby, agree to comply with Labor Board rules. If The Board shall forward the affected non-member objector's fee or portion of the objector's fees being contested to the Labor Board to be placed in an escrow account pending a decision or mutually agreeable settlement between the Council and the Association are unable to reach an 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 organizationobjector(s). The Association Council shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) that shall arise out of of, or by reason of any of, action taken or not taken by the District Board for the purpose purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify If, during the Association if there is term of this Agreement, the Labor Board or a court of competent jurisdiction rules any lawsuit or other legal challenge to the provisions part of this Article void or not enforceable, the Council and the Association, upon such notice being given, Board agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of said Labor Board or court. The provisions of the Fair Share Article shall have the right not apply to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject person who did not belong to the approval Council prior to April 1, 2013, except and unless those persons at some future date voluntarily agree to either the Fair Share provisions or to become members of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationCouncil.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers All Employees covered by this Agreement who are not members of the Association Union shall pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and an affidavit, which specifies federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non-members a copy of the basis of the calculation of the fee. The Union shall further certify to the Board that “Notice of Fair Share” has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board from the earnings of the non- member Employees, under the same time schedule as regular Union dues, and be paid to the Union. The amount of certified by the fair share fee Union shall not include any fees for contributions related to the election or support of any candidate for political office office. Nothing in this Section shall preclude the non-member Employee from making voluntary political contributions in conjunction with his or for member-only benefit. Non-members who object to this her fair share fee payment. This fair share agreement shall safeguard the right of non-association of Employees based on upon bonafide religious tenets or teaching shall of a church or religious body of which such Employees are members. Such Employees may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher Employees affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, 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 Board. 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. The Union and the payment Board shall be made to said organizationcomply with the fair share rules of the IELRB. The Association Union shall indemnify and hold harmless the DistrictBoard of Education, its members, officers, agents agents, and employees Employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs 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 ArticleSection, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term The Association shall have exclusive rights to payroll deductions of this Agreement, teachers membership dues and service fees. Any firefighter who are not members of the Association shall, commencing sixty (60) days after their employment at any time on or sixty (60) days after the effective date of this Agreement, whichever Agreement is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association shall, within thirty days after such conditions are met be required to choose from the options of: (including 1) membership in the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly ; (2) payment to the Association by of a certain date established service fee equal to 80% of Association dues as a contribution towards the cost of collective bargaining, contract administration and the adjustment of grievances; or (3) exclusion from both. Each such firefighter shall be required to make his/her choice in writing on payroll deduction forms supplied by the Association. Failure to choose membership or the 80% service fee option shall constitute a choice of exclusion from both. An employee choosing exclusion from both membership and 80% service fee option shall be irrevocably bound by such choice except as provided hereinafter and if the employee request, shall be entitled to the services of the Association under the agreement only upon payment to the Association of reasonable fees, including fifty dollars per hour for employee representative services, and attorney’s fees and costs and expenses, including arbitration fees and expenses, incurred by the Association on behalf of such employee. Any firefighter who is required by this Article or who was required under the terms of the predecessor agreement, to select from the options set about 255 260 265 270 275 280 285 above may change his/her status with respect to those options during the 20 day period immediately prior to the expiration of this Agreement by giving written notice to the City and to the Association during that period. The Union agrees to assume full responsibility to ensure full compliance with the requirements laid down by the US. Supreme Court in Chicago Teachers Union x. Xxxxxx 000 X. Xx. 1066(1986), with respect to the constitutional rights of fair share fee payers. It is specifically agreed that any dispute concerning the amount of fair share fee and/or the responsibilities of the Union with respect to fair share fee payers as set forth above shall not be deducted by the District from the earnings of non-members and remitted subject to the Associationgrievance and arbitration procedures set forth in this Agreement. The Association shall annually submit to the District a list of the teachers Any employee covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include at any contributions related time may submit a grievance 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 bonafide religious tenets or teaching shall pay an amount equal to City and have such fair share fee to a non-religious, charitable organization mutually agreed upon by grievance adjusted without the teacher and the Association. If the affected non-member and the Association are unable to reach an 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 shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval intervention of the Association, which approval shall if the adjustment is not unreasonably be withheld, if such designation becomes necessary to protect its own interest, inconsistent with the understanding that these indemnification provisions shall cover terms of this collective bargaining agreement and if the cost Association has been given reasonable opportunity to be present at any such meeting of the parties called for the resolution of such representationgrievance. The Association agrees in consideration thereof for itself and its members to individually and collectively perform loyal and efficient work and services, and it and they will use their influence and best efforts to promote and advance the interests of the taxpayer of Auburn.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, all teachers covered by this Agreement who are not members of the Association PREA shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association PREA for collective bargaining and contract administration the services rendered by the Association PREA in negotiating and administering this Agreement as the exclusive representative of the teachers covered by said this Agreement, provided the that such fair share fee shall not exceed the PREA dues attributable to being a member (including IEA and NEA dues) uniformly required of members of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)PREA. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the AssociationPREA. The Association PREA shall annually submit to the District Board a list of the teachers covered by this Agreement who are not members of the Association PREA and an affidavit, affidavit which specifies specified the amount of the fair share feefee as defined above. The amount of the fair share fee collected from non-members shall not include any be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 475 U.S. 292 (1986), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association with respect to fair share fee payors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee as defined above to a non-religious, religious charitable organization mutually agreed upon by the teacher and the AssociationPREA/IEA. If the affected non-member and the Association PREA/IEA are unable to reach an 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 PREA/IEA shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that 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 upon on any list, notice, certification, affidavit affidavit, or assignment assignments furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Final Official Copy
Fair Share. During the term of All employees covered by this Agreement, teachers Agreement who are not members of the Association Union shall, commencing sixty (60) days after upon their employment employment, or sixty (60) days after the effective date of this Agreement, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay a to the Union their fair share fee to of the Association for collective bargaining and contract administration cost of the services rendered by the Association Union that are chargeable to non-members under state and federal law, except that an employee who was a non-member prior to June 1, 2015, shall be entitled to remain “grandfathered” and not pay fair share until such time as he/she signs a membership form or leaves the exclusive representative District. The Union shall certify to the Board the amount of the teachers covered by said Agreement, provided the annual fair share fee shall fee, not to exceed the dues attributable to being a member uniformly required of members of the North Xxxxx Education Association (including Union, and shall supply the Illinois Education Association Board and the National Education Association)non-members a copy of the basis of the calculation of the fee. In The Union shall further certify to the event Board that “Notice of Fair Share” has been posted in accordance with the teacher does not pay his or her IELRB rules and regulations. No payroll deduction of fair share directly to fees shall be made until at least fourteen (14) days after the Association by a certain date established by the Association, such certification. The fair share fee payments shall be deducted by the District Board from the earnings of the non-members member employees and remitted be paid to the AssociationUnion. The Association Nothing in this Section shall annually submit to preclude the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the non-member employee from making voluntary political contributions in conjunction with his/her fair share feepayment. The amount of the This fair share fee agreement shall not include any contributions related to safeguard the election or support right of any candidate for political office or for membernon-only benefit. Non-members who object to this fair share fee association of employees based on bonafide upon bona fide religious tenets or teaching shall teachings of a church or religious body of which such employees are members. Such employees may be required to pay an amount equal to such their fair share fee under this Agreement to a non-religious, religious charitable organization mutually agreed upon by the teacher employees affected and the Association. If the affected non-member and the Association are unable to reach an Union, or if no mutual agreement on the organizationis reached, 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 Board. 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. Additionally, non-member employees who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, except that the filing of such objection pursuant to the internal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, pursuant to said internal procedures and notice of such to the payment Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made pending resolution of the charge, [which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to said organizationthe Act. The Association Union shall indemnify and hold harmless the DistrictBoard, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of liability (monetary or otherwise) liability, including, but not limited to, damages, attorneys’ fees, and costs 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based on bonafide 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 the Association. If the affected non-non- member and the Association are unable to reach an 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 shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Basic Agreement
Fair Share. During the term of this Agreement, teachers All Teachers who are not members of the Association Union shall, commencing on the effective date of this Agreement, or sixty (60) days after their employment or sixty (60) days after initial employment, and continuing during the effective date term of this Agreement, whichever is laterand so long as they remain non-members of the Union, pay a to the Union each month their fair share fee to of the Association for collective bargaining and contract administration cost of the services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee Union that are chargeable to non- members under state and federal law. The Union shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly certify to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies 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 Teachers and paid to the Union. Non-member Teachers who object to the amount of the fair share fee shall not include 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 contributions related such filing and notice of such to the election or support Union, the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of any candidate for political office or for member-only benefit. Non-members who object to this each objector's fair share fee payments made, and to be made, pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. If a non-member Teacher declares the right of non-association based on either upon bonafide religious tenets tenets, or teaching teachings of a church or religious body of which such Teacher is a member, or upon philosophical differences, such non-member shall be required to pay an amount equal to such the Teacher’s proportionate fair share, as determined under this fair share fee agreement, to a non-religious, non- religious charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association Union from a list compiled by the Union and the Board. If the affected Teacher and the Union are unable to reach an agreement on the organizationmatter, the Teacher may select a charitable organization shall be selected by for receipt of the affected non-member payment from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationBoard. The Association Union shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits 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 purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify If a part-time Teacher earns less than the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, howeverbase salary, the District shall have part-time Teacher may choose the right to designate its own legal counsel in any such legal proceedings, subject to Fair Share option based on the approval of part-time Teacher’s assignment (11ths multiplied by the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationFair Share amount).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. During the term of this Agreement, teachers who are not members all non-probationary bargaining unit employees shall pay, as a condition of the Association shalltheir employment, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association Union for collective bargaining and contract administration services rendered by the Association Union as the exclusive representative of the teachers employees covered by said this Agreement, provided that the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)Union. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the School District from the earnings of non-members and remitted to the AssociationUnion in the same manner and intervals as Union dues are deducted. The Association Union shall annually periodically submit to the School District a list of the teachers employees covered by this Agreement who are not members of the Association Union and an affidavit, affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election of or support of any candidate for political office or for any member-only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the Illinois Education Labor Relations Act, with respect to the constitutional rights of fair share fee payers. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee peruse as set forth above shall not be subjected to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee fee, based on upon bonafide religious tenets or teaching teachings, shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the AssociationUnion. If the affected non-non- member and the Association Union are unable to reach an 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 Education Labor Relations Board Board, and the payment shall be made to said organization. The Association shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.AUTHORIZATION TO DEDUCT UNION DUES
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers all employees covered by this Agreement who are not members of the Association PRTAA shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association PRTAA for collective bargaining and contract administration the services rendered by the Association PRTAA in negotiating and administering this Agreement as the exclusive representative of the teachers employees covered by said this Agreement, provided the that such fair share fee shall not exceed the PRTAA dues attributable to being a member (including IEA and NEA dues) uniformly required of members of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)PRTAA. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the AssociationPRTAA. The Association PRTAA shall annually submit to the District Board a list of the teachers employees covered by this Agreement who are not members of the Association PRTAA and an affidavit, affidavit which specifies specified the amount of the fair share feefee as defined above. The amount of the fair share fee collected from non-members shall not include any be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association with respect to fair share fee payors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee as defined above to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the AssociationPRTAA/IEA-NEA. If the affected non-member and the Association PRTAA/IEA-NEA are unable to reach an 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 PRTAA/IEA-NEA shall indemnify and hold harmless the DistrictBoard, its members, officers, agents and employees from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that 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 ArticleAgreement covering fair share or the deduction of Association dues, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment assignments furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During 832 If, and for so long as, eighty-five percent (85%) or more of the term of this Agreement, teachers who are not 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 represented by the 835 Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered an amount annually certified by the Association as the exclusive representative fair share fee as provided for 836 by Act 84 of 1988. The 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 the same dates as deductions for those members of the teachers covered by said Agreement839 bargaining unit who have authorized in writing dues deductions, provided and during the time such 840 deductions are required to be made, and be in the proportionate amount which the fair share fee shall not exceed 841 bears to the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)amount deducted from those persons who have authorized deductions. In the event that the teacher does not pay his or her fair share directly no event, 842 however, shall deductions of Fair Share fees be withheld via payroll deduction prior to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support January 843 16th of any candidate for political office or for member-only benefityear pursuant to Act 84 of 1988. Non-members who object to this fair share fee based on bonafide 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 the Association. If the affected non-member and the Association are unable to reach an 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. 844 The Association shall indemnify and hold the School District harmless the District, its members, officers, agents and employees from any, against any and 845 all claims, demandssuits, actions, complaints, suits orders or other forms of liability (monetary or otherwise) that arise judgments arising 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 provisionsfair share fee obligation. 846 G. Tax-Sheltered Annuities/403(b) Plan Document 847 The District shall promptly notify and the Association if there is any lawsuit or other legal challenge 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 provisions of this Article and the Association, upon such notice being given, plan. All employees shall have the right be eligible to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedingsvoluntarily 850 contribute funds, subject to the approval maximum limits set forth in the Internal Revenue Code. 851 Voluntary employee contributions shall be made via payroll deduction into one or 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 terms of the Associationwritten plan document 854 as it relates to vendors, which approval shall not unreasonably be withheldtransfers, if such designation becomes necessary to protect its own interestexchanges, with rollovers, hardship withdrawals, loans, and all other 855 terms of the understanding that these indemnification provisions shall cover the cost of such representationwritten plan document.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. During the term of All employees covered by this Agreement, teachers who are not members of the Association shall, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, Agreement shall pay a fair share fee to the Association for collective bargaining and contract administration each month their fair share of the cost of the services rendered by the Association as the exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable that are chargeable to being a member of the North Xxxxx Education Association (including the Illinois Education Association non- members under State and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Associationfederal law. The Association shall annually submit provide the Executive Director with the names of employees paying fair share. The Association shall certify to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies Board the amount of the fair share fee, not to exceed the dues uniformly required of members of the Association, 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 Association. 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 Association pursuant to Paragraph 1714(b-1) of the Illinois Educational Labor Relations Act. Upon any such filing and receipt of notice from the IELRB, the Board shall not include any contributions related forward the amount of each objector's fair share payments to the election or support IELRB pending resolution of any candidate for political office or for memberthe charge. If a non-only benefit. Nonmember employee declares the right of non-members who object to this fair share fee association based on bonafide upon bona fide religious tenets or teaching the teachings of a church or religious body of which such employee is a member, the employee shall be required to pay an amount equal to such his/her proportionate share, as determined under this fair share fee agreement, to a non-religious, nonreligious charitable organization mutually agreed upon by the teacher affected employee and the Association. If the affected non-member employee and the Association are unable to reach an agreement on the organizationmatter, the employee may select a charitable 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 organizationBoard. The Association shall indemnify and hold harmless the DistrictBoard, and its members, officers, agents and employees employees, from any, and against any and all claims, demands, actions, complaints, suits suits, or other forms of or 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 purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, certification affidavit or assignment furnished under any of the such provisions. The District shall promptly notify In addition, the Association shall pay all legal fees, if there is any lawsuit or other legal challenge any, to assure the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval protection of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationBoard as covered herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. During All bargaining unit employees shall maintain their membership in the term UNION during the duration of this the Agreement, teachers who are not members of the Association shallor in lieu thereof, commencing sixty (60) days after their employment or sixty (60) days after the effective date of this Agreement, whichever is later, shall pay a fair share fee to the Association UNION for collective bargaining and contract administration the cost of services rendered by the Association as the exclusive representative UNION that are chargeable to non-members under Section 11 of the teachers covered Illinois Educational Labor Relations Act. Fair share fees shall be determined annually by said Agreement, provided the UNION and certified in writing to the Business Office and each fee payer by July 1 of each year. The UNION’s Secretary-Treasurer will provide this certification. The BOARD agrees that it shall withhold from the compensation of any non-UNION member any fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly payable by such employee to the Association by a certain date established UNION as part of this Fair Share agreement. Such fee or portions thereof shall be paid to the UNION by the Association, such BOARD on a semi-monthly basis. The fair share fee shall be deducted by the District withheld from the earnings of non-members and remitted each regular payroll period in an amount that is equal to the Associationpro-rata share of the annual dues payable to the UNION. The Association shall annually submit obligation to pay a fair share fee will not apply to any bargaining unit member who, on the basis of a bonafide religious xxxxx or teaching of a church or religious body of which such person is a member, objects to the District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount payment of the fair share fee shall not include any contributions related to the election or support UNION. Upon proper substantiation and collection of any candidate for political office or for member-only benefit. Non-members who object to this fair share fee based the entire fee, the UNION will make payment on bonafide religious tenets or teaching shall pay an amount equal to such fair share fee behalf of the bargaining unit member to a mutually agreeable non-religious, religious charitable organization mutually agreed upon by the teacher pursuant to UNION policy and the Association. If the affected non-member Rules and the Association are unable to reach an agreement on the organization, the organization shall be selected by the affected non-member from an approved list Regulations of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organizationBOARD. The Association UNION shall indemnify and hold harmless the DistrictBOARD, its members, officers, agents agents, and employees from any, and against any and all claims, demands, actions, complaints, suits 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 purposes of complying with the above provisions of this Article, or in reliance upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers who are not members of the Association shallall non-probationary bargaining unit employees, commencing sixty (60) days after their employment or sixty (60) days hired after the effective date of this Agreement, whichever is later, Agreement who choose not to become members of the Union shall pay as a condition of their employment a fair share fee to the Association Union for collective bargaining and contract administration services rendered by the Association Union as the exclusive representative of the teachers employees covered by said this Agreement, provided that the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Association (including the Illinois Education Association and the National Education Association)Union. In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the School District from the earnings of non-non- members and remitted to the AssociationUnion in the same manner and intervals as Union dues are deducted. The Association Union shall annually periodically submit to the School District a list of the teachers employees covered by this Agreement who are not members of the Association Union, and an affidavit, affidavit which specifies the amount of the their fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any candidate for political office or for any member-only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements established by the Illinois Educational Labor Relations Act. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee peruse, as set forth above, shall not be subject to the grievance and arbitration procedures set forth in this Agreement. Non-members who object to this fair share fee based on upon bonafide religious tenets or teaching teachings shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher employee and the AssociationUnion. If the affected non-non- member and the Association Union are unable to reach an 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 Education Labor Relations Board Board, and the payment shall be made to said organization. The Association shall indemnify and hold harmless the 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 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 the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.
Appears in 1 contract
Samples: Agreement
Fair Share. During the term of this Agreement, teachers employees who are not members of the Association shall, commencing sixty thirty (6030) days after their employment or sixty thirty (6030) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as the exclusive representative of the teachers Employees covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North Xxxxx Education Hinsdale High School Teachers Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her Such fair share directly to the Association by a certain date established by the Association, such fair share fee fees shall be deducted by the District Board from the earnings of non-members and remitted to the Association. The Association shall annually submit to the District Board a list of the teachers employees covered by this Agreement who are not members of the Association and an affidavit, which specifies a statement of the amount of the fair share fee. The foregoing provision shall not apply to any teacher employed during the 1992-93 school year and who is not a member of the Association on June 1, 1993; provided, however, that it shall apply to teachers who are members on the effective date of this Agreement and who thereafter become non- members. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union x. Xxxxxx, 105 U.S. 1066 (1986), with respect to the constitutional rights of fair share fee payors. While the Board’s compliance with its obligations under this Article are subject to the grievance and arbitration procedure, it is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association with respect to fair share fee payors as set forth in this paragraph shall not include any contributions related be subject to the election or support of any candidate for political office or for member-only benefitgrievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based on bonafide upon bona fide religious tenets or teaching teachings shall pay an amount equal to such fair share fee to a non-religious, religious charitable organization mutually agreed upon by the teacher and the Association. If the affected non-member and the Association are unable to reach an 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 shall indemnify and hold harmless the DistrictBoard, its members, officers, agents agents, and employees administrators from any, and against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that 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 upon on any list, notice, certification, affidavit affidavit, or assignment furnished under any of the such provisions. The District Board shall promptly notify the Association if there is any lawsuit or other legal challenge to the provisions of this Article and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, . This indemnification provision shall not extend to errors that are solely the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval fault of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representationBoard.
Appears in 1 contract
Samples: d86.hinsdale86.org