Fair Share. A. It is recognized that the negotiation and administration of this Agreement results in expenses, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreement, whichever is later, such Teacher(s) will: 1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration. 2. Pay directly to the Association a like sum. B. Board Collection of Fees In the event that the Teacher does not execute an authorization or does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee in equal payments from the regular salary check of the Teacher. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction. C. Hold Harmless Provision In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: 1. The Board notifies the Association promptly in writing and permits the Association to intervene as a party if it so desires. 2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. 3. The Association shall indemnify and hold harmless the Board, its members, officers, agents and Teachers 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 of any list, notice, certification, affidavit, or assignment furnished under any of such provisions. D. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Board.
Appears in 5 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Fair Share. A. 1. It is recognized that the negotiation Association’s duties as the sole and administration of this Agreement results in expensesexclusive bargaining agent entail expenses for collective bargaining and contract administration, which appropriately are appropriately shared by all Teachersemployees who are beneficiaries of said Agreement. To this end, if a Teacher an employee does not join execute a dues deduction authorization, as provided in this Article, the Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for the deduction of Board shall deduct a sum equivalent to the proportionate share of the cost of the services rendered by the Association for collective bargaining process and contract administration.
2. Pay directly to administration in its role as the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee sole and exclusive bargaining agent in equal payments from the regular salary check of the Teacher. Such fee shall be paid to employee in the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision In the event of any legal action against the Board brought same manner as provided in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, Article provided:
1. a. The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board notifies the (IELRB); and,
b. The Association promptly has annually certified in writing to the Board the amount of such fair share fee and permits has annually certified in writing to the Association to intervene as a party if it so desiresBoard that such notice has been posted.
2. The Board gives full shall begin such fair share fee deduction no earlier than 14 days (or any later period as required by the Rules and complete cooperation to Regulations of the IELRB) after certification by the Association and its counsel as described in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsParagraph A of this Article.
3. The Association, the Illinois Education Association shall indemnify and the National Education Association agree to defend, indemnify, and hold harmless the Board, its members, officers, non-bargaining unit employees and agents and Teachers from and against any and all claimsclaim, demandsdemand, actions, complaints, suitssuit, or other forms form of liability that shall which may arise out of or by reason of any action taken by the Association or the Board for the purposes of in complying with the above provisions of this ArticleSection, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. It is expressly understood provided that this hold harmless provision will Section shall not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct the Board’s failure to comply with the lawful obligations imposed upon it by this Section.
4. In the event an employee objects to the amount of such fee, the Board shall continue to deduct the fee and transmit the fee (or the portion of the fee in dispute) to the IEA, which shall hold the fee in escrow in any account established for that purpose. The Board shall continue to transmit all such fees to the IEA until further order of the IELRB. If the employee is entitled to a refund, the employee shall receive such refund plus any interest earned on the refund during pendency of the action.
5. If a non-member employee declares that right of non-association based upon bona fide religious tenets or teaching of a church or religious body, such employee shall be required to pay an amount equal to the employee’s proportionate share to a non- religious charitable organization mutually agreed upon by the Boardemployee and the Association. If the employee and the Association are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the IELRB in accordance with its rules.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation Except those who were non-members on November 1, 2004, and administration who do not subsequently join, each bargaining unit member as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost of the collective bargaining process Association, including local, state and contract administration.
2national dues. Pay directly to the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or teacher does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the District Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teachernon-member. Such The District Board shall pay such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision . In the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board notifies the Association promptly Employer gives immediate notice of such action in writing to the Association, and permits the Association to intervene intervention as a party if it so desires.; and,
2. The Board Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer's non-negligent compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the District Board or the Board's imperfect execution of the obligations imposed upon it by this Article. The obligation to pay a fair share fee will not apply to any Employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the 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 Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Fair Share. A. It is recognized that the negotiation Association’s duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration of this Agreement results in expenses, which appropriately are appropriately shared by all Teachersteachers who are beneficiaries of said Agreement. To this end, if a Teacher teacher does not join the Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreement, whichever is laterAssociation, such Teacher(s) teacher will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration.services rendered by the Association in the same manner as provided in Section 2.2 of Article II; or
2. Pay directly to the Association a like sum.
B. Board Collection of Fees A. In the event that the Teacher does not execute such an authorization is not signed or does such payment is not pay his/her fair share fee directly to the Association by made within thirty (30) calendar days following the commencement of employment of the Teacher teacher or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee such amount in equal payments from the regular salary check of the Teacher. Such fee shall be paid to teacher in the Association by the Board no later than ten (10) business days following deductionsame manner as provided in Section 2.2 of Article II.
C. Hold Harmless Provision In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this ArticleB. The Association, the Illinois Education Association, and the National Education Association agrees agree to defend such actiondefend, at its their own expense and through its their own counsel, indemnify and hold the Board harmless, against any claims, demands, suits, damages or other form of liability which may arise by reason of any action taken by the Board in complying with provisions of this Section, provided:
1. The Board promptly notifies the Association promptly in writing of any claim, demand, suit, damages or other form of liability with respect to which it seeks to enforce the indemnification provisions of this Section, and permits the Association to intervene as a party if it so desires.; and
2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.for defense purposes; and
3. The Association This indemnification provision shall indemnify and hold harmless the Board, its members, officers, agents and Teachers 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 of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit suit, damages, or other form of liability which may arise as a result of willful misconduct the Board’s failure to comply with the obligations imposed upon it by this Section.
C. The Association shall annually certify to the Board the amount constituting each non-member employee’s share, which amount shall include only such expenses expended for collective bargaining and contract writing by the BoardAssociation president and submitted to the business office on September 1 of each year. In the event a teacher objects to the amount of such fee, the Board shall transmit the fee to the Illinois Educational Labor Relations Board for retention in an escrow account pending final determination on the appropriateness of the fee imposed. Such determination shall be made by the Illinois Educational Labor Relations Board in accordance with Part 1125, Fair Share Fee Objections, of their rules and regulations. If the Teacher is entitled to a refund, the teacher shall receive such refund from the IELRB plus any interest earned on the refund during pendency of the action.
X. Xx a non-member teacher declares the right of non-association based upon a bona fide religious body of which such teacher is a member, such teacher shall be required to pay an amount equal to the teacher’s proportionate share to a non-religious charitable organization mutually agreed upon by the teacher and the Association. If the teacher and the Association are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules.
3. If a staff member’s employment by the District is limited to handling only extra-curricular assignments, the provisions of this Agreement pertaining to Fair Share payments as contained in this Article II, Section 2.5, shall not be applicable to that staff member.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration 20.1 Each bargaining unit member, as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost of the collective bargaining process Association, including local, state and contract administrationnational dues.
2. Pay directly to the Association a like sum.
B. Board Collection of Fees 20.2 In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board employer shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. non-member.
20.3 Such fee shall be paid to the Association by the Board employer no later than ten (10) business days following deduction.
C. Hold Harmless Provision 20.4 In the event of any legal action against the Board employer brought in a court or of administrative agency because of its compliance with this Article, the Association agrees to defend such action, action at its own expense and through its own counsel, counsel provided:
1. The Board notifies the Association promptly employer gives immediate notice of such action in writing to the Association, and permits the Association to intervene intervention as a party if it so desires.; and
2. The Board employer gives full and complete cooperation to the Association and its counsel in securing and giving evidenceevidence obtaining witnesses, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. 20.5 The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Boardemployer from any liability for damages (actual or punitive), its memberspenalties, officers, agents fines or interest and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for employer's compliance with this Article.
1. This indemnification obligation is understood not to apply in cases where the purposes of complying with employer is willfully misapplying the above provisions of this Article by deducting amounts not in accordance with this Article or by deducting amounts from employees not subject to deduction under this Article. Where the parties are in disagreement as to the employer's obligation under this Article, or the Association may make an appropriate written demand upon the employer to conduct itself in reliance accordance with any correct Association's interpretation of this Article. If the employer thereafter refuses to defer to any listcorrect Association's interpretation, notice, certification, affidavit, or assignment furnished under any of such provisionsthen the indemnification obligation will not apply.
D. It is expressly understood that this hold harmless provision 20.6 The obligation to pay a fair share fee will not apply to any claimemployee who, demandon the basis of a bonafide religious xxxxx or teaching of a church or religious body of which such employee is a member, suit or other form objects to the payment of liability which may arise a fair share to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment in behalf of the employee to a mutually agreeable non-religious charitable organization as a result per Association policy and the Rules and Regulations of willful misconduct by the Illinois Educational Labor Relations Board.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration 5.9.1 Each bargaining unit member, as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost Association, including local, state, and national dues, provided the Association shall have complied with the rules and regulations of the collective bargaining process and contract administrationIELRB regarding “Notice of Fair Share Fees.”
2. Pay directly to the Association a like sum.
B. Board Collection of Fees 5.9.2 In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. non-member.
5.9.3 Such fee shall be paid to the Association by the Board no later than ten (10) business days following deductiondeduction subject to the rules and regulations of the IELRB regarding “Objections to Fair Share Fees.”
C. Hold Harmless Provision 5.9.4 In the event of any legal action against the Board employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, counsel provided:
1. 5.9.4.1 The Board notifies employer gives reasonable notice of such action in writing to the Association promptly in writing and permits the Association to intervene intervention as a party if it so desires.; and,
2. 5.9.4.2 The Board employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. 5.9.5 The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying employer’s compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which that may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
5.9.6 The obligation to pay a fair share fee will not apply to any employee, who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. In the event of religious based or other properly served objections, the Board shall continue to deduct and transmit the fair share fee in accordance with the rules and regulations of the IELRB regarding “Escrow Accounts.” In the case of religious-based objections, such employee may be required to pay their fair share to a non-religious charitable organization mutually agreed upon by the employee and the Association. In the absence of any agreement, the employee may select a charitable organization from an IELRB approved list.
5.9.7 Any teacher who was a bargaining unit member and who was not a member of the Association on December 1, 1993, is exempt from this Section 5.9 (Fair Share).
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. 1. It is recognized that the negotiation and administration of this Agreement results in expenses, which are appropriately shared by all TeachersEmployees. To this end, if a Teacher an Employee does not join the Association within thirty (30) calendar 30 days of commencement of his/her duties, or the effective date of this Agreement, whichever is later, such Teacher(sEmployee(s) will:
1. a. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration.
2. b. Pay directly to the Association a like sum.
B. Board Collection of Fees 2. In the event that the Teacher Employee does not execute an authorization or does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher Employee or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee in equal payments from the regular salary check of the TeacherEmployee. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision 3. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. a. The Board notifies the Association promptly in writing and permits the Association to intervene as a party if it so desires.
2. b. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
34. The Association shall indemnify and hold harmless the Board, its members, officers, agents and Teachers 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 of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. 5. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Board.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation negotiations and administration of this Agreement results in expenses, entail expenses which appropriately are appropriately shared by all Teachersemployees who are beneficiaries of said Agreement. To this end, effective with the commencement of the forthcoming school year, if a Teacher does employees, except for those who were non-members in 92-93 do not join the Association within thirty (30) calendar days of commencement of his/her dutiesAssociation, or the effective date of this Agreement, whichever is later, such Teacher(s) they will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration.; or
2. Pay directly to the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute such an authorization is not signed or does such direct payment is not pay his/her fair share fee directly to the Association by made within thirty (30) calendar days following the commencement of the employment of the Teacher employee or the effective date of this AgreementSection, whichever is later, the Board shall will deduct the fair share fee in equal payments from the regular salary check of the Teacher. Such employee the fair share fee shall be paid to in payments of equal installments, starting with the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counselsubsequent payroll period, provided:
1. The Board notifies Association has posted the Association promptly appropriate notices of imposition of such fair share fee in writing accordance with the rules and permits regulations of the Association to intervene as a party if it so desires.IELRB; and
2. The Board gives full and complete cooperation Association has annually certified in writing to the Association Board the amount of such fair share fee and its counsel has annually certified in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelswriting to the Board that such notice has been posted.
3C. The parties expressly recognize the right of the employees to challenge the amount of fair share. The parties acknowledge that such challenges will be handled pursuant to rules adopted by the IELRB.
D. The Association shall agrees to indemnify and hold save the Board harmless the Board, its members, officers, agents and Teachers from and against any and all claims, charges, demands, actions, complaints, suits, or other forms of liability that shall which may arise out of or by reason of any action taken or omitted by the Association or the Board for the purposes of in complying with the above provisions of this ArticleSection, including reimbursement for any legal fees or expenses incurred in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisionsconnection therewith.
D. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Board.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. It is recognized Each Association member as of January 1, 2000, and all employees hired from that the negotiation and administration date on, as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this the Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association, equivalent to the proportionate share amount of dues uniformly required of members of the cost of the collective bargaining process Association, including local, state and contract administration.
2. Pay directly to the Association a like sumnational dues.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective a certain date of this Agreement, whichever is lateras established by 5.10A above, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. non-member.
C. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision D. In the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board notifies the Association promptly Employer gives immediate notice of such action in writing to the Association, and permits the Association to intervene intervention as a party if it so desires., and
2. The Board Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. E. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer’s non-negligent compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligation imposed upon it by this Article.
F. The obligation to pay a fair share fee will not apply to the Employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a service fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment on behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board. The employee must apply for this exemption directly to the Illinois Educational Labor Relations Board.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration of this Agreement results in expenses, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within Grandfathered Fair Share Each teacher on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall either join the deduction of Association, or shall pay a sum equivalent to the proportionate fair share of the cost of the collective bargaining process and contract administration.
2. Pay directly fee to the Association a like sum.
B. Board Collection according to the Association’s applicable policies, the Rules and Regulations of Fees the Illinois Educational Labor Relations Board, and applicable law. The amount of said fee shall be annually certified by the Association to the Board’s business office no later than October 10. In the event that the Teacher does not execute an authorization or a teacher does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teachernon-member for the balance of the school year, effective with the October payroll when member dues shall also be deducted. Such fee fee(s) shall be paid to the Association by the Board no later than ten (1010 days) business days following deduction.
C. Hold Harmless Provision . The Association shall indemnify, save and hold the Board harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of any action taken or not taken by the Board for the purpose of complying with this Article or in reliance upon any list or notice furnished pursuant to this Article. In the event of any negotiating unit member commences a legal action against the Board brought in a court or administrative agency because of its the Board’s compliance with this Article, the Association agrees Union and its affiliates agree to defend such action, at its own expense and through counsel of its own counselchoice, provided:
1. The Board notifies the Association promptly gives immediate notice of such action in writing to the Unions and permits the Association Union to intervene as a party if it so desires.party; and
2. The Board gives full and complete cooperation to the Association Union and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3any stage, hearing, or argument of said legal action. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents employer from any liability of damages and Teachers from and against any and all claims, demands, actions, complaints, suits, or other forms costs imposed by a final judgment of liability that shall arise out the court of or by reason administrative agency as direct consequence of action taken by the Board for the purposes of complying Employer’s compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration Each bargaining unit member, except those expressly excluded by Section F of this Agreement results in expensesArticle, which are appropriately shared by all Teachers. To this endas a condition of his/her employment, if a Teacher does not join the Association within on or before thirty (30) calendar days of commencement of his/her duties, or from the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum equivalent to the proportionate fair share of the cost of the collective bargaining process and contract administration.
2. Pay directly fee to the Association a like sumas determined by the Association.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. non-member.
C. Such a fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision D. In the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board notifies Employer gives immediate notice of such action in writing to the Association promptly in writing and permits the Association to intervene intervention as a party if it so desires., and
2. The Board Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. E. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer's non-negligent compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations imposed upon it by this Article.
F. The obligation to pay a fair share fee will not apply to any bargaining unit member who has never elected to become a member of the Association prior to the effective date of this Agreement, or to any bargaining unit member employed after the effective date of this Agreement and who do not thereafter elect to become a member of the Association, or to any bargaining unit member who, on the basis of a bonafide religious xxxxx or teaching of a church or religious body of which such Employee is a member or a belief sincerely held with the strength of traditional religious views, objects to the 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 bargaining unit member to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that Except as hereinafter provided, the negotiation Board recognizes the Association's legal obligation to fair representation for all employees in the bargaining unit, and administration of the just provision for a fair share fee to be assessed non- Association employees under this Agreement results in expenses, which are appropriately shared by all Teacherscontract. To this that end, if it is agreed:
1. Each employee as a Teacher does not join the Association within condition of employment at Glencoe School District 35, on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost of the collective bargaining process Association, including local, state and contract administrationnational dues.
2. Pay directly to the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or employee does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teachernon-member.
3. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deductiondeductions.
C. Hold Harmless Provision 4. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. a. The Board notifies the Association promptly gives immediate notice of such action in writing to the Association, and permits the Association to intervene intervention as a party if it so desires.; and
2. b. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
35. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board, its members, officers, agents and Teachers 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 's compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. 6. It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations of the Article.
7. The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such employee is a member, objects to the 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 affected employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration Each bargaining unit member, as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost of the collective bargaining process Association, including local, state, and contract administration.
2. Pay directly to the Association a like sumnational dues.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. non-member.
C. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision D. In the event of any legal action against the Board Employer, brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board notifies Employer promptly gives notice of such action in writing to the Association promptly in writing and permits the Association to intervene intervention as a party part if it so desires., and;
2. The Board Employer gives full and complete reasonable cooperation to the Association and its counsel in securing and the giving of evidence, obtaining witnesses witnesses, and making relevant information available at both trial and all appellate levels.
3. E. The Association shall agrees that in any such action it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer’s compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Board’s imperfect execution of the obligation imposed upon it by this Article.
F. The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bona fide religious xxxxx or teaching of a church or a religious body of which such employee is a member, objects to the 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 employee to a mutually agreeable non-religious charitable organization as per the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that 1. Each bargaining unit member who becomes a bargaining unit member subsequent to January 15, 1998, as a condition to his/her employment, on or before 30 days from the negotiation and administration of this Agreement results in expenses, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within thirty (30) calendar days date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum equivalent to the proportionate fair share of the cost of the collective bargaining process and contract administration.
2. Pay directly fee to the Association a like sum.equivalent to
B. Board Collection of Fees In 0. Xx the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teachernon-member.
3. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision In 0. Xx the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. A. The Board notifies the Association promptly Employer gives immediate notice of such action in writing to the Association, and permits the Association to intervene intervention as a party if it so desires.; and
2. B. The Board Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
35. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer’s compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold same harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
6. The obligation to pay a fair-share fee will not apply to any Employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Employee is a member, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment in behalf of the Employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration of this Agreement results in expensesAll eligible adjunct faculty members who receive an initial adjunct faculty employment contract on or after July 1, which are appropriately shared by all Teachers. To this end2008, if a Teacher does who select not to join the Kankakee Community College Adjunct Faculty Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate shall pay their fair share of the cost of services to the collective bargaining process and contract administrationAssociation.
2. Pay directly B. The Association shall certify to the Board a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and Educational Labor Relations Board rules.
C. Such fair share payment by nonmembers shall be deducted by the Board from the earnings of the nonmember employees and remitted to the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee in equal payments from the regular salary check of the Teacher. Such fee shall be paid to the Association by the Board no later than within ten (10) business days following deductionworkdays of said deduction unless required to remit a fee to the Educational Labor Relations Board for escrow.
C. Hold Harmless Provision In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. D. The Board notifies the Association promptly in writing and permits shall cooperate with the Association to intervene as ascertain the names of all employee nonmembers of the Association from whose earnings the fair share payments shall be deducted and shall provide the Association space to post a party if it so desiresnotice concerning fair share.
2. E. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levelsthe Board shall comply with the rules of the Illinois Educational Labor Act.
3. F. The Association shall indemnify and hold harmless the Board, its members, officers, agents agents, and Teachers employees from and against any and all claims, demands, actionsaction, complaints, suits, or other forms of liability that shall arise out of of, or by reason of action taken by the Board for the purposes of complying with the above provisions of this the Article, or in reliance of on any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. G. The parties recognize the rights of non-members based upon their bona fide religious tenets or teachings of a church or religious body as provided in Section 11 of the Illinois Educational Labor Relations Act. If a non-member asserts the right of non-association under Section 11 of the IELRB, he/she will be required to pay an amount equal to his/her proportionate share to a non-religious charitable organization mutually agreed upon by the non-member faculty and the Association. If the non-member faculty and the Association do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under its rules.
H. It is expressly understood specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Association to fair share participants as set for the above shall not be subject to the grievance and arbitration procedure set forth in this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Boardagreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration Each bargaining unit member, as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost Association, including local, state, and national dues, less any portion of the collective bargaining process and contract administration.
2said dues identified for political action purposes. Pay directly Certified staff members employed prior to the Association a like sum1993-94 school year shall be excluded from the provisions of this Article.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. non-member.
C. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision D. In the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:;
1. i. The Board notifies Employer gives immediate notice of such action in writing to the Association promptly in writing and permits the Association to intervene intervention as a party if it so desires., and
2ii. The Board Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. E. The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer's non-negligent compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this same hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board's imperfect execution of the obligations imposed upon it by this Article.
F. The obligation to pay a fair share fee will not apply to any Employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Employee is a member or a belief sincerely held with the strength of traditional religious views, object to the 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 Employee to a mutually agreeable non-religious charitable organization as per the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It (a) Each bargaining unit member who is recognized that initially employed after the negotiation and administration date of ratification of this Agreement results in expenses, which are appropriately shared by all Teachers. To this end, if shall join the Association or pay a Teacher does not join fair share fee to the Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreementagreement or their commencement of duties, whichever is later, such Teacher(s) will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration.
2. Pay directly to the Association a like sum.
B. Board Collection of Fees (b) In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her his fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teacher. nonmember.
(c) Such fee fees shall be paid to the Association by the Board no later than after certification of the amount of the fair share fee by the Association as required under IELRB Rules. Such fees shall be remitted to the Association within the ten (10) business days following deduction.
C. Hold Harmless Provision (d) In the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
(1. ) The Board notifies Employer gives immediate notice of such action in writing to the Association promptly in writing and permits the Association to intervene intervention as a party if it so desires.; and,
(2. ) The Board Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses witnesses, and making asking relevant information available at both trial and all appellate levels.
3. (e) The Association shall agrees that in any action so defended, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer’s compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. . It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board or the Board’s imperfect execution of the obligations imposed upon it by this Article.
(f) The obligation to pay a fair share fee will not apply to any employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such employee is a member, objects to the payment of a fair share fee to the Association. Upon proper substantiation and collection of the entire fee, the Association will make payment in behalf of the employee to a mutually agreeable non-religious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. It is recognized that the negotiation and administration 1. Each bargaining unit member, as a condition of this Agreement results in expenseshis/her employment, which are appropriately shared by all Teachers. To this end, if a Teacher does not join the Association within on or before thirty (30) calendar days from the date of commencement of his/her duties, duties or the effective date of this Agreement, whichever is later, such Teacher(s) will:
1. Execute an authorization for shall join the deduction of Association or pay a sum fair share fee to the Association equivalent to the proportionate share amount of dues uniformly required of members of the cost of the collective bargaining process Association, including local, state, and contract administrationnational dues.
2. Pay directly to the Association a like sum.
B. Board Collection of Fees In the event that the Teacher does not execute an authorization or bargaining unit member does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following a certain date as established by the commencement of employment of the Teacher or the effective date of this Agreement, whichever is laterAssociation, the Board shall deduct the fair share fee in equal payments from the regular salary check wages of the Teachernon-member.
3. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision 4. In the event of any legal action against the Board Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. a. The Board notifies Employer promptly gives notice of such action in writing to the Association promptly in writing and permits the Association to intervene intervention as a party part if it so desires., and
2. b. The Board Employer gives full and complete reasonable cooperation to the Association and its counsel in securing and the giving of evidence, obtaining witnesses witnesses, and making relevant information available at both trial and all appellate levels.
35. The Association shall agrees that in any such action, it will indemnify and hold harmless the Board, its members, officers, agents Employer from any liability for damages and Teachers from and against any and all claims, demands, actions, complaints, suits, costs imposed by a final judgment of a court or other forms administrative agency as a direct consequence of liability that shall arise out of or by reason of action taken by the Board for the purposes of complying Employer’s compliance with the above provisions of this Article, or in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisions.
D. a. It is expressly understood that this hold save harmless provision will not apply to any claim, demand, suit suite, or other form of liability which may arise as a result of willful misconduct by the Board’s imperfect execution of the obligation imposed upon it by this Article.
6. The obligation to pay a fair share fee will not apply to any Employee who, on the basis of a bona fide religious xxxxx or teaching of a church or religious body of which such Employee is a member, objects to the 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 Employee to a mutually agreeable non-religious charitable organization as per the Rules and Regulations of the Illinois Educational Labor Relations Board.
7. The provisions of this Section shall not be applicable to non-members of the Association employed in the bargaining unit prior to July 22, 1987. Any bargaining unit member employed after July 22, 1987 shall be subject to the provisions of this Article. Any bargaining unit member who is a member of the Association as of July 10, 1987 or who, after July 22, 1987, joins the Association shall be subject to the provisions of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. 3.1.1 It is recognized that the negotiation negotiations and administration of this Agreement results in expenses, entail expenses which appropriately are appropriately shared by all Teachersemployees who are beneficiaries of said Agreement. To this end, if a Teacher an employee does not join the Association within thirty (30) calendar days of commencement of his/her duties, or the effective date of this Agreement, whichever is laterAssociation, such Teacher(s) employee will:
1. (a) Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of negotiation and administration of this Agreement which cost shall be determined by the collective bargaining process and contract administration.Association on a year-to-year basis; or
2. (b) Pay directly to the Association a like sumsum equivalent to that described in
(a) above.
B. (c) A member may authorize dues deduction by having presented an authorization card to the Board Collection on or before September 1, or the first of Fees the month thereafter. The amount specified by the Association will be prorated and deducted from the employee's pay checks starting September 15 of each year.
3.1.2 In the event that the Teacher does not execute such an authorization is not signed or does such direct payment is not pay his/her fair share fee directly to the Association by made within thirty (30) calendar days following the commencement of employment of the Teacher employee or the effective date of this Agreement, whichever is later, the Board shall will deduct the fair share fee in equal payments from the regular salary check of the Teacher. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.equal
C. Hold Harmless Provision In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the 3.1.3 The Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. The Board notifies the Association promptly in writing and permits the Association to intervene as a party if it so desires.
2. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
3. The Association shall indemnify and hold save the Board harmless the Board, its members, officers, agents and Teachers from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall which may arise out of or by reason of any action taken by the Board for the purposes of in complying with the above provisions of this ArticleSection 3.1.2 above, including reimbursement for any legal fees or expenses incurred in reliance of any list, notice, certification, affidavit, or assignment furnished under any of such provisionsconnection therewith.
D. It is expressly understood that this hold harmless provision will not apply 3.1.4 The Boards agrees to promptly notify the Association in writing of any claim, demand, suit or other form of liability in regard to which may arise as it will seek to implement the provisions of Section 3.1.2 above and, if the Association so requests in writing, to surrender to the Association full responsibility for the defense of such claims, demands, suits, or other forms of liability.
3.1.5 The obligation to pay a result fair share fee will not apply to any Employee who, on the basis of willful misconduct by a bona fide religious xxxxx or teaching of church or religious body of which such Employee is a member, objects to the Boardpayment 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 Employee to a mutually agreeable non-religious charitable organization in accordance with the Illinois Educational Labor Relations Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Fair Share. A. 1. It is recognized that the negotiation and administration of this Agreement results in expenses, which are appropriately shared by all TeachersEmployees. To this end, if a Teacher an Employee does not join the Association within thirty (30) calendar 30 days of commencement of his/her duties, or the effective date of this Agreement, whichever is later, such Teacher(sEmployee(s) will:
1. a. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration.
2. b. Pay directly to the Association a like sum.
B. Board Collection of Fees 2. In the event that the Teacher Employee does not execute an authorization or does not pay his/her fair share fee directly to the Association by thirty (30) calendar days following the commencement of employment of the Teacher Employee or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee in equal payments from the regular salary check of the TeacherEmployee. Such fee shall be paid to the Association by the Board no later than ten (10) business days following deduction.
C. Hold Harmless Provision 3. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided:
1. a. The Board notifies the Association promptly in writing and permits the Association to intervene as a party if it so desires.
2. b. The Board gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels.
34. The Association shall indemnify and hold harmless the Board, its members, officers, agents and Teachers 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 of any list, notice, certification, affidavit, or assignment furnished under any of such provisionssuchprovisions.
D. 5. It is expressly understood that this hold harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of willful misconduct by the Board.
Appears in 1 contract
Samples: Collective Bargaining Agreement