Common use of Fair Share Clause in Contracts

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries of the Agreement. To this end, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or the effective date of this Agreement, whichever is later, the District shall, after notification in writing from the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member shall be required to pay an amount equal to the Staff Member’s proportionate share to a nonreligious charitable organization mutually agreed upon by the Staff Member and the Union. If the Staff Member and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Section.

Appears in 5 contracts

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

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Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared term of this Agreement, all teachers covered by all Staff Members this Agreement who are beneficiaries not members of the Agreement. To this endPREA shall, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after their employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the District shallPREA for the services rendered by the PREA in negotiating and administering this Agreement as the exclusive representative of the teachers covered by this Agreement, after notification in writing provided that such fair share fee shall not exceed the PREA dues (including IEA and NEA dues) uniformly required of members of the PREA. Such fair share fees shall be deducted by the Board from the Union, deduct such amount in equal payments from earnings of non-members and remitted to the regular salary check PREA. The PREA shall annually submit to the Board a list of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations teachers covered by this Agreement who are not members of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president PREA and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to an affidavit which specified the amount of the fair share fee as defined above. The fair share fee collected from non-members shall not be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such feecases as Chicago Teachers Union x. Xxxxxx, 000 X.X. 000 (1986), with respect to the Union shall place constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination amount of the appropriateness fair share fee and/or the responsibilities of the Association with respect to fair share fee imposedpayors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial factNon-finder appointed by the IELRB. If the Staff Member is entitled members who object to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association this fair share fee based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee as defined above to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member teacher and the UnionPREA/IEA. If the Staff Member affected non-member and the Union PREA/IEA are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, said organization. The PREA/IEA shall indemnify and hold harmless the Board Board, its members, officers, agents and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits or other form forms of liability which may (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the Board and/or for the District in purpose of complying with the above provisions of this SectionArticle, provided that this Section shall not apply to or in reliance on any claimlist, demandnotice, suit certification, affidavit, or other form assignments furnished under any of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsuch provisions.

Appears in 4 contracts

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

Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members term of this Agreement, employees who are beneficiaries do not choose to become dues paying members of the Agreement. To this end, if Union shall pay a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent fair share fee to the proportionate share of the cost of the Union for collective bargaining and contract administration services rendered by the Union; or 5.17.1.2 Pay directly to Union as the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment exclusive representative of the Staff Member or the effective date of this employees covered by said Agreement, whichever is later, provided the District shall, after notification in writing from fair share fee shall not exceed the dues attributable to being a member of the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 . The Union shall annually certify periodically submit to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations Employer a list of the Illinois Educational Labor Relations Board. Such certification shall be made in writing members covered by this Agreement who are not members of the Union president and submitted to shall periodically advise the District’s business office on October 1 Employer of each year. In the event a Staff Member objects to the amount of such the fair share fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination fair share fees shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed deducted by the IELRB. If Employer from the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right earnings of non-association members and remitted to the Union. The Union agrees with the requirements in 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 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 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 a church or religious body of which such Staff Member is a member, such Staff Member their objections and shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If the Staff Member affected non- member and the Union are unable to reach an agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsaid organization.

Appears in 3 contracts

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

Fair Share. 5.17.1 It During the term of this Agreement, an employee who is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries not a member of the Agreement. To Union shall, commencing sixty (60) days after this end, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization Agreement is not signed executed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member after he or the effective date of this Agreementshe becomes a bargaining unit employee, whichever is later, pay a fair share fee to the District shallUnion for the costs of the collective bargaining process, after notification contract administra- tion and pursuing matters affecting wages, hours and conditions of employment as de- fined in writing Section 3(g) of the Illinois Public Labor Relations Act, as amended. Pursuant to this section, the Employer shall deduct the fair share fee amount which is specified by the Union from the earnings of non-members and remit those amounts to an address specified by the Union. The Employer shall remit fair share fees deducted from non- members' earnings to the Union on a monthly basis, with a list of the amounts deducted for each such employee for each month or applicable payroll period. The Union shall periodically submit to the Employer 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 any member-only benefit. The fair share fee amount may only be changed if the Employer is provided with an affidavit specifying the revised fair share fee at least thirty (30) days before it is to become effective. For purposes of this Section, the Employer’s receipt of a voluntarily signed dues checkoff authorization form shall be deemed the sole and exclusive method of deter- mining an individual employee's Union membership. When this fair share fee provision becomes operative, and thereafter once every calendar quarter upon written request from the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 The Union Employer shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member shall be required to pay an amount equal to the Staff Member’s proportionate share to a nonreligious charitable organization mutually agreed upon by the Staff Member and the Union. If the Staff Member provide Council 31 and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from President or his designee with a list established of the names and approved addresses of all bargaining unit employees. The Employer shall also provide Council 31 and the Union President or his/her designee with the name and the address of any new employee within fifteen (15) days of the date the employee becomes covered by this Agreement. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the Illinois Educational Labor Relations Board United States Supreme Court in accordance with its rules. 5.17.5 The Chicago Teachers Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Section.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared 1. All employees covered by all Staff Members this Agreement, who are beneficiaries not members of the Agreement. To this end, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for commencing on the deduction effective date of a sum equivalent this Agreement, or sixty (60) days after their initial employment, and continuing during the term of this Agreement, and so long as they remain nonmembers of the Union, shall pay to the proportionate 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. 2. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union; or, provided, however, that the Union shall submit to the Board an affidavit which specifies the amount constituting said fair share not exceeding the dues uniformly required to members of the Union, and which describes the rationale and method by which the fair share was determined, including a list of the expenditures which were excluded in determining the fair share. 5.17.1.2 Pay directly 3. Upon receipt of said affidavit, the Board shall cooperate with the Union to ascertain the names of all employee non-members of the Union from whose earnings the fair share payments shall be deducted and their work locations. 4. The Union shall prepare a notice containing the fair share fee information specified in sub-section 2 above, and advising that any non-member may object to the amount of the fee: (a) through the Union’s internal appeal procedure, culminating in arbitration, by sending a letter to the Union a like sum. 5.17.2 In President by certified or registered mail or by delivery to the event such an authorization is not signed or such payment is not made Union office, at any time after the notice, but within thirty (30) days following after the commencement of employment first salary payment of the Staff Member or the effective date of this Agreement, whichever is later, the District shall, after notification in writing school year from the Union, deduct such amount in equal payments from the regular salary check of the Staff Member.which his/her fair share fee has been deducted, 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing (b) by filing an unfair labor practice charge against the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before with the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by and serving a copy of the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned charge on the refund during pendency Union, as provided in the Rules of the actionLabor Board or, (c) by taking any other action available to them by law. The notice shall set forth the address and telephone number of the Union and the manner in which such employees may obtain a copy of the Union’s internal appeal procedure and the address and telephone number of the Labor Board. 5.17.4 If a non-member Staff Member declares 5. A copy of the right Union internal appeal procedure culminating in arbitration of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member any objector’s claims shall be required to pay an amount equal supplied to the Staff Member’s proportionate share to a nonreligious charitable organization mutually agreed upon Board. The arbitration cost shall be borne in total by the Staff Member and the Union. If The Union shall advise the Staff Member Board of any subsequent changes therein. 6. Upon the Union’s receipt of notice of an objector’s invocation of either procedure described above, the Union shall deposit in an escrow account, separate from all other Union funds, the amount of fee payments received on behalf of an objector or objectors that is fairly placed at issue by the objection(s). The Union shall furnish objectors and the Union are unable to reach agreement on Board with certification of the matterterms of the escrow arrangement and, upon request, the charitable organization shall status of the fund as reported by the bank. The fund will be selected from a list established and approved maintained by a reputable independent bank or trust company and the agreement therefore shall provide that the escrow accounts be interest bearing at the highest possible rate; that the escrowed funds be outside of the Union’s control until the final disposition as provided for herein; and that the escrow fund will terminate and the fund therein be distributed only by the Illinois Educational Labor Relations Board in accordance with its rulesterms of an ultimate award, determination, or judgment including any appeals or by the terms of a mutually agreeable settlement between the Union and an objector or group of objectors. 5.17.5 The 7. If an ultimate decision in any proceeding hereunder directs that the amount of the fair share fee should be lower than the amount fixed by the Union, the Illinois Federation Union shall promptly adopt said determination and notify the Board to reduce deductions from the earnings of Teachers, AFL-CIO, and the American Federation nonmembers of Teachers, AFL-CIO, agree to defend, said prescribed amount. 8. The Union shall indemnify and hold harmless the Board, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit, or assignment furnished under any of such provisions. Only authorized Union representatives will be allowed to collect or solicit dues for Union organizations. (a) The check-off form authorizes the Board of Education of Burbank School District 111, Xxxx County, Illinois, to deduct from the employee’s salary the Union dues required. The yearly dues in an amount certified by the Union will be deducted in equal installments during the school year. (b) The Union shall indemnify the employer and the District hold it harmless against any and all claims, demanddemands, suit suits, or other form forms of liability which may that shall arise out of or by reason of any action taken by the Board and/or employer for the District in purpose of complying with the provisions of Paragraph (a) of this Section. Section 8: The Union shall have a place on the agenda for brief announcements and reports at Board Meetings, provided that this general, division, departmental and other faculty meetings, institutes, orientation of teachers, meetings scheduled pursuant to Article II Section shall not apply to any claim11 (a), demand, suit or and other form of liability which may arise as a result proceedings conducted with employees under the auspices of the Board's and/or . Such time shall not be used for Union solicitation, recruitment or organizational purposes. The Union President, or designee, shall meet with the Superintendent, or designee, within two working days of receiving the Board packet to review the meeting agenda. The agenda for the Board meeting shall be delivered to the Union President and will be available on the website for all staff members. At the conclusion of this meeting, the Union President will present any and all agenda items to be discussed at the Board meeting by the Union. The President of the Board may call upon the properly designated Union representatives to speak at Board Meetings at any time during the meeting on matters that relate to the contract. Section 9: The Union shall have reasonable use of school premises, office equipment and inter- and intra-school communications systems for conducting business. It is understood between the parties that school business shall always have first priority and that the rights granted herein shall be used with care and discretion by the Union. The equipment so utilized shall not be used to publish matter derogatory to the Board or administration. Section 10: The Union shall be provided with a bulletin board or sufficient space on existing boards which is to be placed in the staff lounge in each school district building. No person except a Union designee (principal will be notified of such designee) shall add or remove material from the Union bulletin board and the Union bulletin board shall be kept current and neat. Section 11: The agenda and approved minutes of Board Meetings shall be sent to the President of the Union at the same time that they are sent to the members of the Board and shall be given to each building representative of the Union so that they may be posted on the Union bulletin boards. The President of the Union shall be notified as soon as possible of all special meetings of the Board. Section 12: The Superintendent or his/her designee shall meet as necessary with the representatives of the Union to discuss matters of concern to the Union and the School District. Section 13: The school mail and mail boxes may be used to facilitate the dissemination of officially identified Union materials within District 111 without special approval. Section 14: Proposed changes in school board policy that affect teachers will be shared with the School Relations Committee via email unless such change is required by law. All staff shall be provided access to the School Policy online. An email will be sent to all staff anytime a change is made to the policy manual. Each applicant for a position covered by this Agreement is to be made aware of the School Policy as well as this Agreement. All employees shall be given the option of receiving one hard copy of this Agreement or they may opt to access it on the District’s failure web page. Section 15: The Board shall provide the Union with a file cabinet with a lock in the school to comply which the Union President is assigned for use in implementing the terms of the Agreement. Section 16: The Board and the Union shall share the expenses for the printing of this Agreement. The printing shall be done in a Union shop. Section 17: The Union shall provide the administration with the obligations imposed upon it by this Sectiona list of all officers and mailing addresses each time a change may occur.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members term of this Agreement, officers who are beneficiaries not members of the Agreement. To this endMetropolitan Alliance of Police shall, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within commencing thirty (30) days following the commencement of employment of the Staff Member or after the effective date of this Agreement, whichever is lateror if they are hired after the effective date of this Agreement thirty (30) days after their date of hire, pay a fair share fee to the District shallMetropolitan Alliance of Police for collective bargaining and contract administration services rendered by the Metropolitan Alliance of Police as the exclusive representative of the officers covered by this Agreement, after notification in writing from the Union, deduct provided such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to not exceed the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination dues uniformly required of members of the appropriateness Metropolitan Alliance of the fee imposedPolice. Such determination fair share fees shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed deducted by the IELRB. If Employer from the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right earnings of non-association members and remitted to the Metropolitan Alliance of Police. The Metropolitan Alliance of Police shall periodically submit to the Employer a list of the members covered by this Agreement who are not members of the Metropolitan Alliance of Police 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 public office or for any member-only benefit. The Metropolitan Alliance of Police agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in cases such as Chicago Teacher’s Union x. Xxxxxx, 106 U.S. 1066 (1986), with respect to the constitutional rights of any 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 Metropolitan Alliance of Police 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 the fair share fee based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionMetropolitan Alliance of Police. If the Staff Member affected non-member and the Union Metropolitan Alliance of Police are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsaid organization.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared term of this Agreement, all teachers covered by all Staff Members this Agreement who are beneficiaries not members of the Agreement. To this endPREA shall, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after their employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the District shallPREA for the services rendered by the PREA in negotiating and administering this Agreement as the exclusive representative of the teachers covered by this Agreement, after notification in writing provided that such fair share fee shall not exceed the PREA dues (including IEA and NEA dues) uniformly required of members of the PREA. Such fair share fees shall be deducted by the Board from the Union, deduct such amount in equal payments from earnings of non-members and remitted to the regular salary check PREA. The PREA shall annually submit to the Board a list of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations teachers covered by this Agreement who are not members of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president PREA and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to an affidavit which specified the amount of the fair share fee as defined above. The fair share fee collected from non-members shall not be used for contributions related to the election or support of any candidate for political office or for a member-only benefit. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such feecases as Chicago Teachers Union x. Xxxxxx, 475 U.S. 292 (1986), with respect to the Union shall place constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination amount of the appropriateness fair share fee and/or the responsibilities of the Association with respect to fair share fee imposedpayors shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial factNon-finder appointed by the IELRB. If the Staff Member is entitled members who object to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association this fair share fee based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee as defined above to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member teacher and the UnionPREA/IEA. If the Staff Member affected non-member and the Union PREA/IEA are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, said organization. The PREA/IEA shall indemnify and hold harmless the Board Board, its members, officers, agents and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits or other form forms of liability which may (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the Board and/or for the District in purpose of complying with the above provisions of this SectionArticle, provided that this Section shall not apply to or in reliance on any claimlist, demandnotice, suit certification, affidavit, or other form assignments furnished under any of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsuch provisions.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared Employees covered by all Staff Members this Agreement, hired after August 26, 1991, who are beneficiaries not members of the Agreement. To Union and employees covered by this end, if a Staff Member does not join Agreement who were members as of the Union, such Staff Member will: 5.17.1.1 Execute an authorization for beginning 1991-92 school year but who subsequently resign from the deduction of a sum equivalent Union shall pay to the proportionate Union each month their fair share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly Union that are chargeable to non-members under the Union a like sum. 5.17.2 In Illinois Education Labor Relations Act, the event such an authorization is not signed or such payment is not made within thirty (30) days following Illinois Educational Labor Relations Board's regulations and related state and federal judicial decisions. Such employees shall pay the commencement of employment of the Staff Member or fair share fee commencing on the effective date of this Agreement, whichever is or, if later, sixty (60) days after their initial employment or resignation from union membership, and continuing during the District shallterm of this Agreement, after notification in writing from and so long as they remain non-members of the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 . The Union shall annually certify annually, not later than the first day of the school term, to the Board through the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to Business Office the amount of such fair share fee, not to exceed the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination dues uniformly required of members of the appropriateness 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 imposed. Such determination payment shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed deducted by the IELRB. If Board from the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency earnings of the action. 5.17.4 If a nonnon- member full-member Staff Member declares time employees and forwarded to the right of non-association Union, no later than thirty (30) calendar days after such deductions are made, unless otherwise required by applicable law. An employee who, based upon bona fide religious tenets or teaching teachings of a church or religious body of which such Staff Member employee is a member, such Staff Member dissents from payments of the fair hare fee to the Union shall be required to pay an amount equal to the Staff Member’s his/her proportionate share to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If , or in the Staff Member and the Union are unable absence of agreement to reach agreement on the matter, the a charitable organization shall be randomly selected from a the list established and approved of organizations maintained by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 Board. The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, Union shall indemnify and hold harmless the Board of Education, its members, officers, agents and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits, or other form forms of liability which may or loss, including but not limited to attorney's fees, that shall arise out of or by reason of any action taken by the Board and/or for the District in purposes of complying with the above provisions of this SectionArticle, provided that this Section shall not apply to or in reliance on any claimlist, demandnotice, suit certification, affidavit or other form assignments furnished under any of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsuch provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It During the term of this Agreement, an employee who is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries not a member of the Agreement. To Union shall, commencing sixty (60) days after this end, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization Agreement is not signed executed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member after he or the effective date of this Agreementshe becomes a bargaining unit employee, whichever is later, pay a fair share fee to the District shallUnion for the costs of the collective bargaining process, after notification contract administration and pursuing matters affecting wages, hours and conditions of employment as defined in writing Section 3 (g) of the Illinois Public Labor Relations Act, as amended. Pursuant to this section, the Employer shall deduct the fair share fee amount which is specified by the Union from the earnings of non-members and remit those amounts to an address specified by the Union. The Employer shall remit fair share fees deducted from non-members’ earnings to the Union on a monthly basis, with a list of the amounts deducted for each such employee for each month or applicable payroll period. The Union shall periodically submit to the Employer 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 any member-only benefit. The fair share fee amount may only be changed if the Employer is provided with an affidavit specifying the revised fair share fee at least thirty (30) days before it is to become effective. For purposes of this Section, the Employer(s) receipt of a voluntarily signed dues checkoff authorization form shall be deemed the sole and exclusive method of determining an individual employee’s Union membership. When this fair share fee provision becomes operative, and thereafter once every calendar quarter upon written request from the Union, deduct such amount in equal payments from the regular salary check Employer shall provide Council 31 and the Union President or his designee with a list of the Staff Membernames and addresses of all bargaining unit employees. The Employer shall also provide Council 31 and the Union President or his/her designee with the name and the address of any new employee within fifteen (15) days of the date the employee becomes covered by this Agreement. 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, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share fee payors. Accordingly, the Union agrees to do the following: 1. Give timely notice to fair share fee payors of the amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification that same has been audited by an independent Certified Public Accountant. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share 2. Advise fair share fee pursuant to the rules payors of an expeditious and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects impartial decision- making process whereby fair share fee payors can object to the amount of such the fair share fee, . 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payors to the amount of the fair share fee. 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 place not be subject to the objecting Staff Member’s fees grievance and arbitration procedure set forth in a blind escrow or blind trust pending final determination of the appropriateness of the this Agreement. Non-members who object to this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If the Staff Member affected non-member and the Union are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Unionand the payment shall be made to said organization. On a monthly basis, the Illinois Federation affected non-member shall provide the Union with evidence of Teachers, AFLpayment to a non-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result religious charitable organization within thirty (30) days of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectiondate of such payment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that During the Union's duties term of this Agreement, all non-probationary bargaining unit employees shall pay, as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries a condition of the Agreement. To this endtheir employment, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent fair share fee to the proportionate share of the cost of the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement, provided that the fair share fee shall not exceed the dues attributable to being a member of the Union; or 5.17.1.2 Pay directly . Such fair share fees shall be deducted by the School District from the earnings of non-members and remitted to the Union a like sum. 5.17.2 In in the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or the effective date of this Agreement, whichever is later, the District shall, after notification in writing from the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 same manner and intervals as Union dues are deducted. The Union shall annually certify periodically submit to the School District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations a list of employees covered by this Agreement who are not members of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to an affidavit which specifies the amount of such 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, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide bonafide religious tenets or teaching of a church or religious body of which such Staff Member is a memberteachings, such Staff Member shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If the Staff Member affected non- member and the Union are unable to reach agreement on the matterorganization, the charitable organization shall be selected from a an approved list of charitable organizations established and approved by the Illinois Educational Education Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIOBoard, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsaid organization.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members Bargaining unit employees who are beneficiaries not members of the Agreement. To this endChapter shall, if as a Staff Member does not join the Unioncondition of employment, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, be required to pay a fair share fee to the District shall, after notification in writing Chapter for collective bargaining and contract administration rendered by the Chapter. Such fair share fee shall not exceed the full dues amount paid by members of the Chapter. The fair share fee shall be deducted by the Employer from the Union, deduct such amount in equal payments from earnings of non-members and remitted to an address provided by the regular salary check Chapter. The Chapter shall supply to the Employer a list of the Staff Member. 5.17.3 The Union non- members and shall annually certify to the District Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Chapter agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Chapter agrees to the following: 1. Give timely notice to fair share fee payers of the amount constituting each nonmember Staff Member’s shareof the fee and an explanation of the basis for the fee, which amount shall include only such expenses including the major categories of expenses, as qualify for inclusion in the Fair Share well as verification of same by an independent auditor. 2. Advise fair share fee pursuant payers of an expeditious and impartial decision-making process whereby fair share payers can object to the rules amount of the fair share fee. 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the amount of the fair share fee. It is hereby agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Chapter with respect to fair share fee payers as set forth above, shall not be subject to the grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Chapter and regulations any non-member shall be subject to resolution through any applicable procedures of the Illinois Educational State Labor Relations Board. Such certification shall be made in writing by the Union president and submitted Non-members who object to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionChapter. If the Staff Member affected employee and the Union Chapter are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected employee from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teacherspayment shall be made to said organization. The Chapter shall indemnify, AFL-CIO, agree to defend, indemnify defend and hold save the Board and the District Village harmless against any and all claims, demanddemands, suit suits or other form of liability which may and for all legal costs that shall arise by reason out of any action taken or not taken by the Board and/or the District Village in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionfair share article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared All employees covered by all Staff Members this Agreement who are beneficiaries not members of the Union shall, commencing on the effective date of this Agreement. To , or sixty (60) days after their initial employment, and continuing during the term of this endAgreement, if a Staff Member does not join and so long as they remain non-members of the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent pay to the proportionate Union each month their fair share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly 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 like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment member of the Staff Member or Union. The Union shall certify to the effective date Board the amount of this Agreementthe fair share fee, whichever is later, not to exceed the District shall, after notification in writing from dues uniformly required of members of the Union, deduct such amount in equal payments 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 regular salary check earnings of the Staff Member. 5.17.3 The Union shall annually certify non- member employees and paid to the District Union. Non-member employees who object to the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in of the Fair Share fair share fee have the right to file an unfair labor practice charge against the Union pursuant to the rules and regulations Paragraph 1714 (b) (1) of the Illinois Educational Labor Relations BoardAct. Such certification shall be made in writing by the Union president Upon any such filing and submitted notice of such to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such feeUnion, the Union shall place in an interest-bearing escrow account, separated from other funds held by the objecting Staff Member’s fees in a blind escrow or blind trust Union, the amount of each objector's fair share payments made, and to be made pending final determination resolution of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed charge, which is fairly placed at issue by the IELRB. If objection or objections, and it shall maintain the Staff Member is entitled to a refund, escrow account during the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 charge and any judicial review pursuant to the Act. If a non-member Staff Member employee declares the right of non-association based upon bona bona- fide religious tenets or teaching the teachings of a church or religious body of which such Staff Member employee is a member, such Staff Member the employee shall be required to pay an amount equal to the Staff Member’s his/her proportionate share, as determined under this fair share agreement, to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member affected employee and the Union. If the Staff Member affected employee and the Union are unable to reach an agreement on the matter, the employee may select a charitable organization shall be selected from a an approved list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 Board. The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, Union shall indemnify and hold harmless the Board of Education, its members, officers, agents and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits, or other form forms of liability which may that shall arise out of or by reason of any action taken by the Board and/or for the District in purposes of complying with the above provisions of this Section, provided that this Section or in reliance on any list, notice, certification affidavit or assignment furnished under any of such provisions. This shall not apply include reimbursement and payment to the District of any claimand all attorney fees, demand, suit costs or other form damages incurred by or advanced against the School District arising out of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsuch action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive term of this Agreement, all non-probationary bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries of the Agreement. To this endunit employees, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or hired after the effective date of this Agreement who choose not to become members of the Union shall pay as a condition of their employment a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement, whichever is later, provided that the fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the School District shall, after notification from the earnings of non- members and remitted to the Union in writing from the same manner and intervals as Union dues are deducted. The Union shall periodically submit to the School District a list of employees covered by this Agreement who are not members of the Union, deduct such and an affidavit which specifies the amount in equal payments from the regular salary check of their fair share fee. The amount of the Staff Member. 5.17.3 fair share fee shall not include any contributions related to the election of any candidate for political office or for any member-only benefit. The Union shall annually certify agrees to assume full responsibility to insure full compliance with the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of requirements established by the Illinois Educational Labor Relations BoardAct. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to It is specifically agreed that any dispute concerning the amount of such fee, the fair share fee and/or the responsibilities of the Union with respect to fair share fee peruse, as set forth above, shall place not be subject to the objecting Staff Member’s fees grievance and arbitration procedures set forth in a blind escrow or blind trust pending final determination of the appropriateness of the this Agreement. Non-members who object to this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide bonafide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If the Staff Member affected non- member and the Union are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational Education Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIOBoard, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsaid organization.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members Bargaining unit employees who are beneficiaries not members of the Agreement. To this endChapter shall, if as a Staff Member does not join the Unioncondition of employment, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, be required to pay a fair share fee to the District shall, after notification in writing Chapter for collective bargaining and contract administration rendered by the Chapter. Such fair share fee shall not exceed the full dues amount paid by members of the Chapter. The fair share fee shall be deducted by the Employer from the Union, deduct such amount in equal payments from earnings of non-members and remitted to an address provided by the regular salary check Chapter. The Chapter shall supply to the Employer a list of the Staff Member. 5.17.3 The Union non-members and shall annually certify to the District Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Chapter agrees to assume full responsibility to insure full compliance with the requirements laid down by he United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Chapter agrees to the following: 1. Give timely notice to fair share fee payers of the amount constituting each nonmember Staff Member’s shareof the fee and an explanation of the basis for the fee, which amount shall include only such expenses including the major categories of expenses, as qualify for inclusion in the Fair Share well as verification of same by an independent auditor. 2. Advise fair share fee pursuant payers of an expeditious and impartial decision-making process whereby fair share payers can object to the rules amount of the fair share fee. 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the amount of the fair share fee. It is hereby agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Chapter with respect to fair share fee payers as set forth above, shall not be subject to the grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Chapter and regulations any non-member shall be subject to resolution through any applicable procedures of the Illinois Educational State Labor Relations Board. Such certification shall be made in writing by the Union president and submitted Non-members who object to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionChapter. If the Staff Member affected employee and the Union Chapter are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected employee from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teacherspayment shall be made to said organization. The Chapter shall indemnify, AFL-CIO, agree to defend, indemnify defend and hold save the Board and the District Village harmless against any and all claims, demanddemands, suit suits or other form of liability which may and for all legal costs that shall arise by reason out of any action taken or not taken by the Board and/or the District Village in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionfair share article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized (A) Pursuant to Illinois Educational Labor Relations Act the parties agree that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries of the Agreement. To this enddate of the signing hereof, if a Staff Member does not join majority of the Unionmembers of the bargaining unit recognized hereby have authorized a deduction under Section 2.1 above, such Staff Member will: 5.17.1.1 Execute an authorization for or if the deduction of a sum equivalent Union otherwise demonstrates and verifies to the proportionate share School’s satisfaction in a manner acceptable to the School that such majority of the cost members of said unit are dues paying members of the services rendered by Union at the Union; or 5.17.1.2 Pay directly time, non-union members employed in status positions in the unit, who choose not to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made become members within thirty (30) calendar days following the commencement of employment of the Staff Member or signing hereof, shall be required to pay a Fair Share Fee not to exceed the effective date amount of this Agreement, whichever is later, the District shall, after notification in writing dues uniformly required of members. Such Fair Share Fee shall be deducted from the Union, deduct such amount employee’s paycheck and shall be forwarded to the Union along with the deductions provided for in equal payments from Section 2.1. (B) The School and the regular salary check Union are both cognizant of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations provisions of the Illinois Educational Labor Relations Board. Such certification shall be made in writing Act and Rules promulgated by the IELRB which deal with Fair Share Fees. The Act and these Rules are incorporated in this Agreement by reference and the School and the Union president agrees to comply with and submitted to abide by all provisions of the District’s business office on October 1 of each year. Act and said Fair Share Rules. (C) In the event a Staff Member that any employee covered hereby objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in making a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed Fair Share contribution as required by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association Section 2.2 hereof based upon bona fide religious tenets tenants or teaching teachings of a church or religious body of which such Staff Member that employee is a member, such Staff Member shall be required that employee may, as an alternative to pay an making a Fair Share contribution, make contributions at least equal in amount equal to the Staff Member’s proportionate share Fair Share Fee amount to a nonreligious charitable organization mutually agreed upon by the Staff Member objecting employee and the Union. If the Staff Member and For this purpose the Union shall certify to the School the names of all employees covered hereby who are unable relieved of the obligation to reach agreement on the matter, the charitable organization pay a Fair Share Fee by virtue of this Section 2.2; and it shall be selected from the sole obligation of the Union to verify that contributions contemplated hereby have actually been made and that said employees are not subject to a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rulesFair Share Fee deduction. 5.17.5 (D) The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, indemnify Union shall defend and hold the Board University and School harmless and shall provide counsel at the District harmless Union’s expense to represent the University and School against any claimsclaim, demand, suit suit, or other form of liability which may arise by reason of arising from any action taken by the Board and/or the District University and School in complying with the provisions of this Section, provided that this Section 2.2 or in reliance on written direction forwarded to the University and School pursuant to this Section 2.2. (E) Nothing contained herein shall not apply require the School to take any claim, demand, suit or other form of liability which may arise as a result of action to collect any Fair Share Fee from any employee in any given pay period except to the Board's and/or District’s failure to comply with extent that such employee earns wages from the obligations imposed upon it by this SectionSchool in that period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members Bargaining unit employees who are beneficiaries not members of the Agreement. To this endAssociation shall, if as a Staff Member does not join the Unioncondition of employment, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, be required to pay a fair share fee to the District shall, after notification in writing Association for collective bargaining and contract administration rendered by the Association. Such fair share fee shall not exceed the full dues amount paid by members of the Association. The fair share fee shall be deducted by the Employer from the Union, deduct such amount in equal payments from earnings of non- members and remitted to an address provided by the regular salary check Association. The Association shall supply to the Employer a list of the Staff Member. 5.17.3 The Union non-members and shall annually certify to the District Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Association agrees to the following: 1. Give timely notice to fair share fee payers of the amount constituting each nonmember Staff Member’s shareof the fee and an explanation of the basis for the fee, which amount shall include only such expenses including the major categories of expenses, as qualify for inclusion in the Fair Share well as verification of same by an independent auditor. 2. Advise fair share fee pursuant payers of an expeditious and impartial decision-making process whereby fair share payers can object to the rules amount of the fair share fee. 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the amount of the fair share fee. It is hereby 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 payers as set forth above, shall not be subject to the grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Association and regulations any non-member shall be subject to resolution through any applicable procedures of the Illinois Educational State Labor Relations Board. Such certification shall be made in writing by the Union president and submitted Non-members who object to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionAssociation. If the Staff Member affected employee and the Union Association are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected employee from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teacherspayment shall be made to said organization. The Association shall indemnify, AFL-CIO, agree to defend, indemnify defend and hold save the Board and the District Village harmless against any and all claims, demanddemands, suit suits or other form of liability which may and-for all legal costs that shall arise by reason out of any action taken or not taken by the Board and/or the District Village in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionfair share article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members All Teachers who are beneficiaries not members of the Union shall, commencing on the effective date of this Agreement. To , or sixty (60) days after their initial employment, and continuing during the term of this endAgreement, if a Staff Member does not join and so long as they remain non-members of the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent pay to the proportionate Union each month their fair share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly Union that are chargeable to non- members under state and federal law. The Union shall certify to the Union a like sum. 5.17.2 In Board the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment amount of the Staff Member or fair share fee, not to exceed the effective date dues uniformly required of this Agreement, whichever is later, the District shall, after notification in writing from members of the Union, deduct such amount in equal payments 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 regular salary check earnings of the Staff Member. 5.17.3 The Union shall annually certify non-member Teachers and paid to the District Union. Non-member Teachers who object to the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in of the Fair Share fair share fee have the right to file an unfair labor practice charge against the Union pursuant to the rules and regulations paragraph 1714(b) (1) of the Illinois Educational Labor Relations BoardAct. Such certification shall be made in writing by the Union president Upon any such filing and submitted notice of such to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such feeUnion, the Union shall place in an interest-bearing escrow account, separated from other funds held by the objecting Staff Member’s fees in a blind escrow or blind trust Union, the amount of each objector's fair share payments made, and to be made, pending final determination resolution of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed charge, which is fairly placed at issue by the IELRB. If objection or objections, and it shall maintain the Staff Member is entitled to a refund, escrow account during the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 charge and any judicial review pursuant to the Act. If a non-member Staff Member Teacher declares the right of non-association based either upon bona fide bonafide religious tenets tenets, or teaching teachings of a church or religious body of which such Staff Member Teacher is a member, or upon philosophical differences, such Staff Member non-member shall be required to pay an amount equal to the Staff MemberTeacher’s proportionate fair share, as determined under this fair share agreement, to a nonreligious non- religious charitable organization mutually agreed upon by the Staff Member non-member and the UnionUnion from a list compiled by the Union and the Board. If the Staff Member affected Teacher and the Union are unable to reach an agreement on the matter, the Teacher may select a charitable organization shall be selected for receipt of the payment from a an approved list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 Board. The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, Union shall indemnify and hold harmless the Board Board, its members, officers, agents and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits, or other form forms of liability which may that shall arise out of or by reason of any action taken by the Board and/or for the District in purposes of complying with the above provisions of this SectionArticle, provided that this Section shall not apply to or in reliance on any claimlist, demandnotice, suit certification, affidavit, or other form assignment furnished under any of liability which such provisions. If a part-time Teacher earns less than the base salary, the part-time Teacher may arise as a result of choose the Board's and/or DistrictFair Share option based on the part-time Teacher’s failure to comply with assignment (11ths multiplied by the obligations imposed upon it by this SectionFair Share amount).

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries Each member of the Agreement. To this endbargaining unit shall by October 1st or thirty (30) days after their initial employment, if a Staff Member does not whichever is later, either join the UnionCouncil, such Staff Member will: 5.17.1.1 Execute an authorization for or in lieu thereof shall pay a fair share fee to the deduction of a sum Council equivalent to the proportionate share amount uniformly required of members of the Council, including council, local, state and national dues for the cost of the services rendered by the Union; or 5.17.1.2 Pay directly Council that are chargeable to non-members under state and federal law. The amount of said fees shall be determined by the Council and the Union and certified by the Board. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union a like sum.Council provided that: 5.17.2 In A. The Council has posted the event appropriate notices of imposition of such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or the effective date of this Agreement, whichever is later, the District shall, after notification fair share fee in writing from the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and B. The Council has annually certified in writing to the Board: 1. Such certification the amount of such fair share fee and 2. the fact that the notice required in 7.5, A above has been posted. The Board and the Council will cooperate together to ascertain the names of all non- members of the Council from whose earnings the fair share payments shall be made in writing deducted. The Council shall prepare a notice containing the fair share fee information as required by the Union president rules and submitted regulations of the IELRB, advising that any non-members may file an objection to the District’s business office fee with the IELRB (with a copy served on October 1 the Council) at any time before the expiration of each yearthis Agreement, in accordance with the rules and regulations of the IELRB. In The parties recognize the event a Staff Member objects right of employees to object to the amount of the fair share fee and that such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination objections shall be made only after a full hearing before the Illinois Educational Labor Relations Board handled under rules and regulations now in effect or any impartial fact-finder appointed adopted later by the IELRB. If the Staff Member is entitled The obligation to pay a refundfair share will not apply to any employee who, the Staff Member shall receive such refund plus any interest earned on the refund during pendency basis of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets xxxxx or teaching of a church or religious body of which such Staff Member employee is a member, such Staff Member shall be required to pay an amount equal objects to the Staff Member’s proportionate payment of a fair share fee to a nonreligious charitable organization mutually agreed upon by the Staff Member and the Union. If the Staff Member and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by Council as provided in Section 11 of the Illinois Educational Labor Relations Act (IELRA). Upon proper substantiation and collection of the entire fee, the Council will make payment on behalf of the employee to a mutually agreeable non-religious charitable organization as per Council policy and Rules and Regulations of the Illinois Educational Labor Relations Board. In the event that any bargaining unit member commences a legal action against the Board in accordance a court or administrative agency because of the Board’s compliance with the above sections of this Article, the Council and its rulesaffiliates agree to defend such action, at its expense and through counsel of its choice, provided: A. The Board gives immediate notice of such action in writing to the Council and permits the Council to intervene as a party. 5.17.5 B. The UnionBoard gives full and complete cooperation to the Council and its counsel in securing and giving evidence, the Illinois Federation of Teachers, AFL-CIOobtaining witnesses, and the American Federation making relevant information available at any stage, hearing, or argument of Teacherssaid legal action. C. The Council and its affiliates agree that in such action, AFL-CIOit will save, agree to defendindemnify, indemnify and hold harmless the Board Board, its members, employees, and agents from any liability for damages and costs imposed by a final judgment of a court or administrative agency. It is expressly understood and agreed that the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided defense and indemnification covenants that this Section are expressed herein shall not apply to any claim, demand, or suit or other form of liability which may arise as a result of any type of willful misconduct by the Board's and/or District’s failure Board (other than any necessary action required to be performed by the Board in this Article). In addition to the foregoing, the Council agrees that in all procedures pertaining to such deductions, certification of amounts of the fee, and challenges thereto, the Council shall comply with the obligations imposed upon it all rules and regulations which may be required by this Sectionlaw.

Appears in 1 contract

Samples: Master Contract

Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive term of this Agreement, bargaining agent entail expenses which appropriately are shared by all Staff Members unit members who are beneficiaries not members of the Agreement. To this endUnion shall, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within commencing thirty (30) days following the commencement of after their employment of the Staff Member or thirty (30) days after the effective date of this Agreement, whichever is later, pay a uniform fair share fee to the District shall, after notification in writing from Union for collective bargaining and contract administration services rendered by the Union, deduct such amount in equal payments from provided that the regular salary check fair share fee shall not exceed the dues attributable for being a member of the Staff Member. 5.17.3 Union. A check‐off authorization card will not be required for the withholding of fair share fees. The Union shall annually certify periodically submit to the District City a list of employees covered by the amount constituting each nonmember Staff Member’s share, which amount Agreement who are not members of the Union. The fair share fee shall not include only such expenses as qualify for inclusion in the Fair Share fee pursuant 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 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 of the Illinois Educational Labor Relations Boardpromulgated there under relating to fair share fees. Such certification shall be made in writing by It is specifically agreed that any dispute a fair share fee payer may have with the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to concerning the amount of such fee, the fair share fee and/or the responsibilities of the Union with respect to fair share payers shall place not be subject to the objecting Staff Member’s fees grievance and arbitration procedure set forth in a blind escrow or blind trust pending final determination of the appropriateness of the this Agreement. Non‐members who object to this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required direct the Union to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non‐religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If the Staff Member affected non‐member and the Union are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non‐member from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsaid organization.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Fair Share. 5.17.1 It is recognized that the Union's duties as the sole negotiations and exclusive bargaining agent administration of this agreement entail expenses which appropriately are shared by all Staff Members certified staff who are beneficiaries of the Agreement. To this end, if said agreement. 2.7.1 Each member who is not a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share member of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed Association shall, on or such payment is not made within before thirty (30) calendar days following from the date of commencement of employment of the Staff Member duties or the effective date of this Agreementagreement, whichever is laterthe latter, join the District shallAssociation or pay the Association fair share fee in an amount determined by the Association, after notification in writing from but not to exceed the Union, deduct such amount in equal payments from the regular salary check of dues uniformly required of members of the Staff Member. 5.17.3 The Union Association, including local, state and national dues. Notice of such fee shall annually certify be given by the Association to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant affected member at least fourteen (14) days prior to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification date such fee shall initially be made in writing by the Union president and submitted to the District’s business office on October 1 of each yeardue. In the event a Staff Member objects that the member does not pay the fair share fee directly to the amount of such feeAssociation by the date established by the Association, the Union shall place Board agrees to deduct the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination fair share fee from the wages of the appropriateness non-member. The Association shall certify the names of the fee imposedaffected members to the Board. Such determination fee shall be made only after a full hearing before withheld from the September 30 through May 15 paychecks and will be remitted to the Association promptly. 2.7.2 An Association non-member within the bargaining unit may file an objection to the fair share fee with the Illinois Educational Education Labor Relations Board or (IELRB) at any impartial fact-finder appointed by time prior to the IELRBexpiration of this Agreement. If the Staff Member is entitled The obligation to pay a refundfair share fee will not apply to any member who, the Staff Member shall receive such refund plus any interest earned on the refund during pendency basis of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets xxxxx or teaching of a church or religious body of which such Staff Member member is a member, such Staff Member shall be required to pay an amount equal objects to the Staff Member’s proportionate payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the member to a nonreligious mutually agreeable non-religious charitable organization mutually agreed upon by the Staff Member as per Association policy and the Union. If the Staff Member Rules and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by Regulations of the Illinois Educational Labor Relations Board in accordance with its rulesBoard. 5.17.5 2.7.3 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree Association agrees to defend, indemnify at its own expense and through its own counsel, indemnify, and hold the Board and the District harmless harmless, against any claims, demanddemands, suit suits, damages or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Section.provided:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that During the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members term of this Agreement, employees who are beneficiaries not members of the Agreement. To this endLabor Council shall, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after their employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, pay a fair share fee to the District shallLabor Council for collective bargaining and contract administration services rendered by the Labor Council as the exclusive representative of the employees covered by this Agreement, after notification in writing provided said fair share fee shall not exceed the dues attributable to being a member of the Labor Council. Such fair share fees shall be deducted by the Village from the Union, deduct such earnings of non-members and remitted to the Labor Council with the same frequency and in the same fashion as dues payments. The Labor Council shall periodically submit to the Village a list of the employees covered by this Agreement who are not members of the Labor Council and an affidavit which specifies the amount in equal payments from 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 any member-only benefit. The fair share fee shall be uniform for each employee subject to the obligation to pay a fair share fee. The FOP may change the fixed uniform dollar amount that will be considered the regular salary check monthly fair share fee once each calendar year during the life of this Agreement. The FOP will give the Village forty-five (45) days' notice of any such change in the amount of the Staff Memberfair share fee. The Labor Council 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, 000 X.X. 0000 (1986) and other applicable court decisions, with respect to the constitutional rights of fair share fee payers. Accordingly, the Labor Council agrees to do the following: 1. Give timely notice to fair share fee payers of the amount of the fee and an explanation of the basis for the fee, including the major categories of expenses, as well as verification of same by an independent auditor. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share 2. Advise fair share fee pursuant to the rules payers of an expeditious and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects impartial decision-making process whereby fair share fee payers can object to the amount of such the fair share fee, . 3. Place the Union shall place amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination amount of the appropriateness fair share fee. It is specifically agreed that any dispute concerning the amount of the fair share fee imposed. Such determination shall be made only after a full hearing before and/or the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency responsibilities of the action. 5.17.4 If a nonLabor Council with respect to fair share fee payers as set forth above shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-member Staff Member declares the right of non-association members who object to this fair share fee based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionLabor Council. If the Staff Member affected non-member and the Union Labor Council are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected non-member from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree payment shall be made to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsaid organization.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole negotiations and exclusive bargaining agent administration of this agreement entail expenses which appropriately are shared by all Staff Members licensed staff who are beneficiaries of the Agreement. To this end, if said agreement. 2.7.1 Each member who is not a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share member of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed Association shall, on or such payment is not made within before thirty (30) calendar days following from the date of commencement of employment of the Staff Member duties or the effective date of this Agreementagreement, whichever is laterthe latter, join the District shallAssociation or pay the Association fair share fee in an amount determined by the Association, after notification in writing from but not to exceed the Union, deduct such amount in equal payments from the regular salary check of dues uniformly required of members of the Staff Member. 5.17.3 The Union Association, including local, state and national dues. Notice of such fee shall annually certify be given by the Association to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant affected member at least fourteen (14) days prior to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification date such fee shall initially be made in writing by the Union president and submitted to the District’s business office on October 1 of each yeardue. In the event a Staff Member objects that the member does not pay the fair share fee directly to the amount of such feeAssociation by the date established by the Association, the Union shall place Board agrees to deduct the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination fair share fee from the wages of the appropriateness non-member. The Association shall certify the names of the fee imposedaffected members to the Board. Such determination fee shall be made only after a full hearing before withheld from the September 30 through May 15 paychecks and will be remitted to the Association promptly. 2.7.2 An Association non-member within the bargaining unit may file an objection to the fair share fee with the Illinois Educational Education Labor Relations Board or (IELRB) at any impartial fact-finder appointed by time prior to the IELRBexpiration of this Agreement. If the Staff Member is entitled The obligation to pay a refundfair share fee will not apply to any member who, the Staff Member shall receive such refund plus any interest earned on the refund during pendency basis of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets xxxxx or teaching of a church or religious body of which such Staff Member member is a member, such Staff Member shall be required to pay an amount equal objects to the Staff Member’s proportionate payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the member to a nonreligious mutually agreeable non-religious charitable organization mutually agreed upon by the Staff Member as per Association policy and the Union. If the Staff Member Rules and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by Regulations of the Illinois Educational Labor Relations Board in accordance with its rulesBoard. 5.17.5 2.7.3 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree Association agrees to defend, indemnify at its own expense and through its own counsel, indemnify, and hold the Board and the District harmless harmless, against any claims, demanddemands, suit suits, damages or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Section.provided:

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by The Union shall represent all Staff Members who are beneficiaries of the employees in the bargaining unit fairly and equally. Employees covered by this Agreement. To this end, if upon their hire, shall be required to maintain membership in the Union or to pay, in lieu of dues, a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction fair share fee consisting of a sum equivalent to the their proportionate share of the cost costs of services rendered for the collective bargaining process, contract administration, and pursuit of matters affecting compensation, hours, and other conditions of employment; provided, however, that the fair share fee shall not exceed the dues attributable to being a member of the services rendered Union, further 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 amount of the fee, and a list of those employees required to pay such fee, shall be certified to the Board by the Union; or 5.17.1.2 Pay directly , and fair share deductions shall be made at the same time and in the same manner as dues checkoff deductions under Section 4.1. Should any employee object to the Union paying a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or the effective date of this Agreement, whichever is later, the District shall, after notification in writing from fair share fee to the Union, deduct such amount in equal payments from the regular salary check of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching the teachings of a church or religious body of which such Staff Member employee is a membermember pursuant to Illinois Public Act 83-1014, such Staff Member shall be required to pay Section X, an amount equal to the Staff Memberemployee’s proportionate fair share shall be paid to the Xxxxxx College Foundation, an Illinois not-for-profit corporation, or to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the Union. If the Staff Member employee and the Union are unable to reach agreement agree on the matter, the payments in lieu of fair share shall be made to a charitable organization shall be selected from a list established and of charitable organizations approved by the Illinois state Educational Labor Relations Board in accordance with its rules. 5.17.5 Board. The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree Union shall certify to defend, indemnify and hold the Board and the District harmless against any claimscharitable organization to which such payments are to be made, demand, suit or other form of liability which the employee may arise by reason of any action taken by elect to make such payments directly to the Board and/or the District in complying with the provisions of this Sectiondesignated organization, provided that this Section written receipts evidencing payment are supplied to the Union on a monthly basis. It shall be the sole responsibility of the Union to monitor and insure compliance by those employees who may elect to make such payments directly to the designated organization. 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 U.S. 1066 (1986), with respect to the constitutional rights of fair share fee payers and to all executive, judicial, and legislative enactments — federal, state, and local — which relate thereto. It is specifically agreed that any dispute concerning the amount of the fair share fee or responsibilities of the Union with respect to fair share fee as set forth above shall not apply be subject to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by grievance and arbitration procedure set forth in this SectionAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that All bargaining unit employees shall maintain their membership in the Union's duties as Union during the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members who are beneficiaries duration of the Agreement. To this end, if or in lieu thereof, shall pay a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent fair share fee to the proportionate share of Union for the cost of the services rendered by the Union; or 5.17.1.2 Pay Union that are chargeable to non-members under Section 11 of the Illinois Educational Labor Relations Act. Fair share fees shall be determined annually by the Union and certified in writing to the Business Office and each fee payer by October 1 of each year. Such fee or portions thereof shall be paid to the Union by the Board no later than ten (10) days following receipt of funds from the School Treasurer. In any event, if the bargaining unit member does not pay said fee directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed by October 10 of each school term, or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or the effective date of this Agreementemployment, whichever is latersooner, upon written notice to the District shall, after notification in writing from Business Office by the Union, the Board shall deduct such amount in equal payments the fee from the regular salary check wages of the Staff Member. 5.17.3 The Union shall annually certify said negotiating unit member according to the District the amount constituting each nonmember Staff Member’s shareprocedures which apply to Union members, which amount shall include only such expenses as qualify for inclusion in the Fair Share including amounts and times of payment. The obligation to pay a fair share fee pursuant will not apply to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such feeany bargaining unit member who, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency basis of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide bonafide religious tenets xxxxx or teaching of a church or religious body of which such Staff Member person is a member, such Staff Member shall be required to pay an amount equal objects to the Staff Member’s proportionate payment of the fair share fee to a nonreligious charitable organization mutually agreed upon by the Staff Member and the Union. If Upon proper substantiation and collection of the Staff Member entire fee, the Union will make payment on behalf of the bargaining unit member to a mutually agreeable non-religious charitable organization pursuant to Union policy and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established Rules and approved by Regulations of the Illinois Educational Labor Relations Board. The Union shall further provide written notice to said fee payer(s) of the right to dissent and the procedures to follow in lodging such fair share dissent. Said notice shall be provided by the Union no less than ten (10) days prior to the onset of deduction. In any event, if a bargaining unit member commences a legal action against the Board in accordance a court or administrative agency because of the Board’s compliance with its rules. 5.17.5 The Unionthis article, the Illinois Federation Unions and its affiliates agree to defend such action, at its own expense and through counsel of Teachersits own choice, AFL-CIOprovided: The Board gives immediate notice of such action in writing to the Union and permits the Union to intervene as a party; and The Board gives full and complete cooperation to the Union and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at any stage, hearing, or argument of said legal action. The Union and its affiliates agree that in any action it will save, indemnify, and hold harmless the American Federation Board, its members, employees, and agents from any liability for damages and costs imposed by a final judgment of Teachers, AFL-CIO, agree to defend, indemnify a court or administrative agency. It is expressly understood and hold agreed that the Board defense and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided indemnification covenants that this Section are expressed herein shall not apply to any claim, demand, or suit or other form of liability which may arise as a result of any type of willful misconduct by the Board's and/or District’s failure Board (other than any necessary action required to comply with be performed by the obligations imposed upon it by Board in this SectionArticle); however, such defense and indemnification covenants shall not protect the Board in any action which solely alleges a violation on the part of the Board to this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members Bargaining unit employees who are beneficiaries not members of the Agreement. To this endAssociation shall, if as a Staff Member does not join the Unioncondition of employment, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, be required to pay a fair share fee to the District shall, after notification in writing Association for collective bargaining and contract administration rendered by the Association. Such fair share fee shall not exceed the full dues amount paid by members of the Association. The fair share fee shall be deducted by the Employer from the Union, deduct such amount in equal payments from earnings of non- members and remitted to an address provided by the regular salary check Association. The Association shall supply to the Employer a list of the Staff Member. 5.17.3 The Union non-members and shall annually certify to the District Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Association agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Association agrees to the following: 1. Give timely notice to fair share fee payers of the amount constituting each nonmember Staff Member’s shareof the fee and an explanation of the basis for the fee, which amount shall include only such expenses including the major categories of expenses, as qualify for inclusion in the Fair Share well as verification of same by an independent auditor. 2. Advise fair share fee pursuant payers of an expeditious and impartial decision-making process whereby fair share payers can object to the rules amount of the fair share fee. 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the amount of the fair share fee. It is hereby 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 payers as set forth above, shall not be subject to the grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Association and regulations any non-member shall be subject to resolution through any applicable procedures of the Illinois Educational State Labor Relations Board. Such certification shall be made in writing by the Union president and submitted Non-members who object to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionAssociation. If the Staff Member affected employee and the Union Association are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected employee from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teacherspayment shall be made to said organization. The Association shall indemnify, AFL-CIO, agree to defend, indemnify defend and hold save the Board and the District Village harmless against any and all claims, demanddemands, suit suits or other form of liability which may and-for all legal costs that shall arise by reason out of any action taken or not taken by the Board and/or the District Village in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionfair share article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 A. It is recognized that the UnionAssociation's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and Contract administration which appropriately are shared by all Staff Members faculty members who are beneficiaries of the said Agreement. To this end, if a Staff Member faculty member does not join the UnionAssociation, such Staff Member faculty member will: 5.17.1.1 1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the UnionAssociation in the same manner as provided in Section 6.3; or 5.17.1.2 2. Pay directly to the Union Association a like sum. 5.17.2 B. In the event such an authorization is not signed or such payment is not made within thirty (30) working days following the commencement of employment of the Staff Member faculty member or the effective date of this Agreement, whichever is later, the District shall, after notification in writing from the Union, Board shall deduct such amount in equal payments from the regular salary check of the Staff Memberfaculty member in the same manner as provided in Section 6.3. 5.17.3 C. The Union Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claims, demand, suit, or other form of liability which may arise by reason of any action taken by the Board in complying with D. The Association shall annually certify to the District Board the amount constituting each nonmember Staff Member’s non-member employee's share, which amount shall include only such expenses as qualify expended for inclusion in the Fair Share fee pursuant to the rules collective bargaining and regulations of the Illinois Educational Labor Relations Boardcontract administration. Such certification shall be made in writing by the Union president Association’s Treasurer and submitted to the District’s business office on October 1 as close as practicable to September 1st of each year. . E. In the event a Staff Member faculty member objects to the amount of such fee, the Union Association shall place the objecting Staff Member’s faculty member's fees in a blind escrow or blind trust pending final determination of on the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board (IELRB) or any impartial fact-finder appointed by the IELRB. If the Staff Member faculty member is entitled to a refund, the Staff Member faculty member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member shall be required to pay an amount equal to the Staff Member’s proportionate share to a nonreligious charitable organization mutually agreed upon by the Staff Member and the Union. If the Staff Member and the Union are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, indemnify and hold the Board and the District harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Section.

Appears in 1 contract

Samples: Adjunct Faculty Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members ‌‌ All employees who are beneficiaries not members of the Union shall, commencing an the effective date of this Agreement. To , or sixty (60) days after their initial employment, and continuing during the term of this endAgreement, if a Staff Member does not join and so long as they remain non-union members of the Unionunion, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent pay to the proportionate Union each month their fair share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly Union that are chargeable to non-members under state and federal law. The Union shall certify to the Union a like sum. 5.17.2 In Board the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment amount of the Staff Member or fair share fee, not to exceed the effective date dues uniformly required of, members of this Agreement, whichever is later, the District shall, after notification in writing from the Union, deduct such amount in equal payments 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 regular salary check earnings of the Staff Member. 5.17.3 The Union shall annually certify non-member employees and paid to the District Union. Non-member employees who object to the amount constituting each nonmember Staff Member’s shareof the fair share fee have the right to file an unfair labor practice charge against the Union, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations paragraph 1714(b) (1) of the Illinois Educational Labor Relations BoardAct. Such certification shall be made in writing by the Union president Upon any such filing and submitted notice of such to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such feeUnion, the Union shall place in an interest bearing escrow account, separated from other funds held by the objecting Staff Member’s fees in a blind escrow or blind trust Union, the amount of each objector's fair share payments made, and to be made, pending final determination resolution of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed charge, which is fairly placed at issue by the IELRB. If objection or objections, and it shall maintain the Staff Member is entitled to a refund, escrow account during the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 charge and any judicial review pursuant to the Act. If a non-member Staff Member employee declares the right of non-association based either upon bona fide bonafide religious tenets tenets, or teaching teachings of a church or religious body of which such Staff Member employee is a member, or upon philosophical differences, such Staff Member non-member shall be required to pay an amount equal to the Staff Member’s his or her proportionate fair share, as determined under this fair share agreement, to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member non-member and the UnionUnion from a list compiled by the Union and the Board. If the Staff Member affected employee and the Union are unable to reach an agreement on the matter, the employee may select a charitable organization shall be selected for receipt of the payment from a an approved list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 Board. The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, Union shall indemnify and hold harmless the Board Board, its members, officers, agents and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits, or other form forms of liability which may that shall arise out of or by reason of any or action taken by the Board and/or for the District in purpose of complying with the above provisions of this Sectionthe article, provided that this Section shall not apply to or in reliance on any claimlist, demandnotice, suit certification, affidavit or other form assignment furnished under any of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsuch provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members Bargaining unit employees who are beneficiaries not members of the Agreement. To this endChapter shall, if as a Staff Member does not join the Unioncondition of employment, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within thirty commencing sixty (3060) days following the commencement of after employment of the Staff Member or sixty (60) days after the effective date of this Agreement, whichever is later, be required to pay a fair share fee to the District shall, after notification in writing Chapter for collective bargaining and contract administration rendered by the Chapter. Such fair share fee shall not exceed the full dues amount paid by members of the Chapter. The fair share fee shall be deducted by the Employer from the Union, deduct such amount in equal payments from earnings of non-members and remitted to an address provided by the regular salary check Chapter. The Chapter shall supply to the Employer a list of the Staff Member. 5.17.3 The Union non- members and shall annually certify to the District Employer the fair share amount to be deducted. Fair share amounts shall not include any contributions related to the election or support of any candidate for political office. The Chapter agrees to assume full responsibility to insure full compliance with the requirements laid down by he United States Supreme Court in Chicago Teachers Union x. Xxxxxx, 000 X.X. 0000 (1986), with respect to the constitutional rights of fair share payers. Accordingly, the Chapter agrees to the following: 1. Give timely notice to fair share fee payers of the amount constituting each nonmember Staff Member’s shareof the fee and an explanation of the basis for the fee, which amount shall include only such expenses including the major categories of expenses, as qualify for inclusion in the Fair Share well as verification of same by an independent auditor. 2. Advise fair share fee pursuant payers of an expeditious and impartial decision-making process whereby fair share payers can object to the rules amount of the fair share fee. 3. Place the amount reasonably in dispute into an escrow account pending resolution of any objections raised by fair share fee payers to the amount of the fair share fee. It is hereby agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Chapter with respect to fair share fee payers as set forth above, shall not be subject to the grievance/arbitration procedure set forth in this Agreement. It is agreed that all objections or disputes hereunder between the Chapter and regulations any non-member shall be subject to resolution through any applicable procedures of the Illinois Educational State Labor Relations Board. Such certification shall be made in writing by the Union president and submitted Non-members who object to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the this fair share fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member teachings shall be required to pay an amount equal to the Staff Member’s proportionate such fair share fee to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee and the UnionChapter. If the Staff Member affected employee and the Union Chapter are unable to reach agreement on the matterorganization, the charitable organization shall be selected by the affected employee from a an approved list of charitable organizations established and approved by the Illinois Educational State Labor Relations Board in accordance with its rules. 5.17.5 The Union, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teacherspayment shall be made to said organization. The Chapter shall indemnify, AFL-CIO, agree to defend, indemnify defend and hold save the Board and the District Village harmless against any and all claims, demanddemands, suit suits or other form of liability which may and for all legal costs that shall arise by reason out of any action taken or not taken by the Board and/or the District Village in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionfair share article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized that the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared All teachers covered by all Staff Members this Agreement who are beneficiaries not members of the Union shall during the term of this Agreement. To this end, if a Staff Member does not join and so long as they remain non-members of the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent pay to the proportionate Union their fair share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly Union that are chargeable to non-members under state and federal law. All support staff employees covered by this Agreement who are not members of the Union a like sum. 5.17.2 In the event such an authorization is not signed or such payment is not made within shall commencing thirty (30) days following the commencement of employment of the Staff Member after their employment, or the effective date of this Agreement, whichever is later, and continuing during the District shallterm of this Agreement, after notification in writing from and so long as they remain non-members of the Union, deduct such amount in equal payments from pay to the regular salary check Union their fair share of the Staff Member. 5.17.3 cost of the services rendered by the Union that are chargeable to non-members under state and federal law. The Union shall annually certify to the District Board the amount constituting each nonmember Staff Member’s shareof the annual fair share fee, which amount not to exceed the dues uniformly required of members of the Union, and shall include only such expenses as qualify for inclusion in supply the Fair Share fee pursuant 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 regulations. No payroll deduction of the Illinois Educational Labor Relations Board. Such certification fair share fees shall be made in writing 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 on the same time schedule as Union dues and be paid to the Union. The amount certified by the Union president and submitted shall not include any fees for contributions related to the District’s business office on October 1 election or support of each yearany candidate for political office. In Nothing in this Section shall preclude the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact-finder appointed by the IELRB. If the Staff Member is entitled to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency of the action. 5.17.4 If a non-member Staff Member declares employee from making voluntary political contributions in conjunction with his or her fair share payment. This fair share agreement shall safeguard the right of non-association of employees based upon bona fide religious tenets or teaching of a church or religious body of which such Staff Member is a member, such Staff Member shall employees are members. Such employees may be required to pay an amount equal to the Staff Member’s proportionate their fair share under this Agreement to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employees affected and the Union. If the Staff Member and the Union are unable to reach , or if no mutual agreement on the matteris reached, the from an approved list of charitable organization shall be selected from a list organizations established and approved by the Illinois Educational Labor Relations Board in accordance with its rules. 5.17.5 The 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 Union, the Illinois Federation Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of Teachers, AFL-CIOeach objector's fair share payments made, and to be made pending resolution of the American Federation charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of Teachers, AFL-CIO, agree the charge and any judicial review pursuant to defend, the Act. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents, and the District harmless employees from and against any and all claims, demanddemands, suit actions, complaints, suits, or other form forms of liability which may liability, including, but not limited to, damages, attorneys' fees, and costs that shall arise out of or by reason of any action taken by the Board and/or for the District in purpose of complying with the above provisions of this SectionArticle, provided that this Section shall not apply to or in reliance on any claimlist, demandnotice, suit certification, affidavit, or other form assignment furnished under any of liability which may arise as a result of the Board's and/or District’s failure to comply with the obligations imposed upon it by this Sectionsuch provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Fair Share. 5.17.1 It is recognized a) Pursuant to 115 ILCS § 5/11, the parties agree that non-union members employed in the Union's duties as the sole and exclusive bargaining agent entail expenses which appropriately are shared by all Staff Members unit who are beneficiaries choose not to become members within thirty (30) calendar days of the Agreement. To this end, if a Staff Member does not join the Union, such Staff Member will: 5.17.1.1 Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the services rendered by the Union; or 5.17.1.2 Pay directly to the Union a like sum. 5.17.2 In the event such an authorization is not signed employment or such payment is not made within thirty (30) days following the commencement of employment of the Staff Member or signing hereof, shall be required to pay a fair share fee not to exceed the effective date amount of this Agreement, whichever is later, the District shall, after notification in writing dues uniformly required of its members. Such fair share fee shall be deducted from the employee’s paycheck and shall be forwarded to the Union, deduct such amount in equal payments from . b) The Employer and the regular salary check Union are both cognizant of the Staff Member. 5.17.3 The Union shall annually certify to the District the amount constituting each nonmember Staff Member’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations provisions of the Illinois Educational Labor Relations Board. Such certification shall be made in writing Act and Rules promulgated by the Union president and submitted to the District’s business office on October 1 of each year. In the event a Staff Member objects to the amount of such fee, the Union shall place the objecting Staff Member’s fees in a blind escrow or blind trust pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Educational Labor Relations Board or any impartial fact(“IELRB”) which deal with fair share fees. The Act and these Rules as they may be amended from time-finder appointed to-time are incorporated into this Agreement by reference, and the IELRB. If Employer and the Staff Member is entitled Union agree to a refund, the Staff Member shall receive such refund plus any interest earned on the refund during pendency comply with and abide by all provisions of the actionAct and said fair share rules. 5.17.4 If c) In the event that any employee covered hereby is precluded from making a non-member Staff Member declares the right fair share involuntary contribution as required by (a) of non-association based upon this Section 20.2 on account of bona fide religious tenets or teaching teachings of a church or religious body of which such Staff Member that employee is a member, such Staff Member that employee shall be required have the right to pay an refuse to allow said involuntary deductions provided, however, that said right to refuse shall continue only so long as the employee makes contributions at least equal in amount equal to the Staff Member’s proportionate fair share fee amount to a nonreligious non-religious charitable organization mutually agreed upon by the Staff Member employee so refusing and the Union. If the Staff Member and For this purpose the Union shall certify to the Employer the names of all employees covered hereby who are unable relieved of the obligation to reach agreement on the matter, the charitable organization pay a fair share fee by virtue of this Section; and it shall be selected from the sole obligation of the Union to verify that contributions contemplated hereby have actually been made and that said employees are not subject to a list established and approved by fair share fee involuntary deduction. The employee shall, on a monthly basis, furnish satisfactory evidence to the Illinois Educational Labor Relations Board in accordance with its rulesUnion that such payment has been made. 5.17.5 d) The UnionUnion shall indemnify, the Illinois Federation of Teachers, AFL-CIO, and the American Federation of Teachers, AFL-CIO, agree to defend, indemnify defend and hold the Board and the District Employer harmless against any claims, demand, suit or other form of liability which may arise by reason of any action taken by the Board and/or the District in complying with the provisions of this Section, provided that this Section shall not apply to any claim, demand, suit suit, cost, expense, or any other form of liability which may arise liability, including attorneys' fees and costs, arising from or incurred as a result of any act taken or not taken by the Employer, its members, officers, agents, employees or representatives in complying with or carrying out the provisions of this Article; in reliance on any notice, letter, or authorization forwarded to the Employer by the Union pursuant to this Article; and including any charge that the Employer failed to discharge any duty owed to its employees arising out of the fair share deduction; provided however, the Union shall not be obligated to indemnify the Employer to the extent that any damages occur as a result of the Board's and/or DistrictEmployer’s failure negligence. The Employer shall immediately inform the Union of any appeals or legal action regarding this Article. e) Nothing contained herein shall require the Employer to comply with take any action to collect any fair share fee from any employee in any given pay period except to the obligations imposed upon it extent that such employee earns wages from the Employer in that period. f) In the event that all or part of the IELRB Rules referred to in Section 20.2 (a) of this Article lapse or become inoperative for any reason, then the parties agree that said Rule or Rules will become inoperative in this Agreement and the parties shall then commence to negotiate substitute appropriate fair share provision(s) to this Article. Unless otherwise prohibited by this Sectionlaw, the Employer shall continue fair share payroll deductions during the negotiation process.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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