Common use of Fair Share Clause in Contracts

Fair Share. Any employee who is not a member in good standing of the Union or ceases to be a member in good standing of the Union shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee 9.1 It is recognized that the Association’s duties as the sole and exclusive bargaining agent entail expenses that appropriately are shared by all teachers who is are beneficiaries of said Agreement. Teachers who elect not to join the Association will execute an authorization for the deduction of a member in good standing of sum equivalent to the Union or ceases to be a member in good standing of the Union shall be required to pay a fair proportionate share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions services rendered by the Association or pay directly to the Association a like sum. 9.2 In the event such an authorization is not signed or such payment is not made within thirty (30) days following the commencement of employment, but not to exceed employment of the amount of dues uniformly required of members. All employees hired on teacher or after the effective date of this Agreement who have not made application for membership Agreement, whichever is later, the Board shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct notification in writing from the wages Association, deduct such amount in equal payments from the regular salary check of the teacher. 9.3 The Association, the Illinois Education Association, IEA, and the National Education Association, NEA, agree to defend, indemnify and save the Board harmless against any claims, demand, suit, or other form of inability which may arise by reason of any employee the fair-share financial obligation, as certified to the Employer action taken by the Union, provided that the Union has certified Board in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance complying with the provisions of this ArticleSection, provided that this Section shall not apply to any claim, demand, suit or other form of liability that may arise as a result of the Board’s failure to comply with the obligations imposed upon it by this Section. 9.4 The Association shall annually certify the Board the amount constituting each non member teacher’s share, which amount shall include only such expenses as qualify for inclusion in the Fair Share fee pursuant to the rules and regulations of the Illinois Educational Labor Relations Board. Such certification shall be made in writing by the Association president and submitted to the business office on September 1 of each year. In the event a teacher objects to the amount of such fee, the Board shall send the objecting teacher’s fees to the IEA where said fees shall be placed in an escrow account pending final determination of the appropriateness of the fee imposed. Such determination shall be made only after a full hearing before the Illinois Education Association or any impartial fact-finder appointed by the IEA. If the teacher is entitled to a refund, the teacher shall receive such refund plus any interest earned on the refund during pendency of the action. 9.5 If a non member teacher declares the right of non-association based upon bona fide religious tenets or teaching of a church or religious body of which such a teacher is a member, such teacher shall be required to pay an amount equal to the teacher’s proportionate share to a non-religious charitable organization, mutually agreed upon by the teacher and the Association. If the teacher and the Association are unable to reach agreement on the matter, the charitable organization shall be selected from a list established and approved by the Illinois Labor Relations Board in accordance with its rules. 9.6 All dues deducted by the Board shall be remitted to the Association no later than the fifteenth (15th) day after such deductions are made.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All employees who are not members of the Union, commencing on the effective date of this Agreement, or thirty (30) days after their initial employment, whichever is not a later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member teachers and remitted to the Union provided, however, that: A. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and B. The Union has annually certified in writing to the Board (1) the amount of such fair share fee and (2) the fact that the notice required in (A) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB 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 pursuant to applicable IELRB procedures. 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non-religious charitable organization mutually agreed upon by the teacher and the Union. If the employee and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All teachers covered by this Agreement who is are not a member in good standing of the Union or ceases to be a member in good standing members of the Union shall be required pay to pay a the Union their fair share of the cost of the collective-bargaining process services rendered by the Union that are chargeable to non- members under state and contract administration in pursuing matters affecting wagesfederal law. The Union shall certify to the Board the amount of the annual fair share fee, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members of the Union, and shall supply the Board and the non-members a copy of the basis of the calculation of the fee. The Union shall further certify to the Board that "Notice of Fair Share" has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made until at least fourteen (14) days after such certification. Such fair share payments shall be deducted by the Board on a pro-rata basis from the earnings of the non-member teachers on the same time schedule as Union dues and be paid to the Union. The amount certified by the Union shall not include any fees for contributions related to the election or support of any candidate for political office. Nothing in this Section shall preclude the non-member teacher 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 teachers based upon bonafide religious tenets or teaching of a church or religious body of which such teachers are members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also Such teachers may be required to pay a an amount equal to their fair share as defined aboveunder this Agreement to a non-religious charitable organization mutually agreed upon by the teachers affected and the Union, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. The Employer shall deduct from the wages of any employee the fairNon-share financial obligation, as certified member teachers who object to the Employer amount of the fair share fee have the right to file an unfair labor practice charge against the Union pursuant to Paragraph 1714(b)(1) of the Illinois Educational Labor Relations Act. Additionally, non- member teachers who object to the amount of the fair share fee have the right to file such objection pursuant to the internal Fair Share Implementation Program procedures established by the Union, provided except that the Union has certified in writing filing of such objection pursuant to the Employerinternal 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 Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector's fair share payments made, and to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits or other forms of liability, including, but not limited to, damages, attorneys' fees, and costs that shall arise out of or by reason of action taken by the Board for the purpose of complying with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under above provisions of this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoffin reliance on any list, for at least thirty (30) daysnotice, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Articlecertification, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeaffidavit, or assignment furnished under any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All teachers who are not members of the Union, commencing on the effective date of this Agreement, or thirty (30) days after their initial employment, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. The provisions of this Section shall not apply to any teacher who was a member of the bargaining unit but did not belong to the Union as of March 31, 1994, except and unless such teacher at some future date agrees to either pay fair share or to become a member of the Union. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member teachers and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and 2. The Union has annually certified in writing to the Board (a) the amount of such fair share fee and (b) the fact that the notice required in (1) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non- members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of teachers to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should a teacher file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If the teacher is entitled to a refund, the teacher shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non-religious charitable organization mutually agreed upon by the teacher and the Union. If the teacher and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All faculty members (with the exclusion of those current faculty employed by the college before fiscal year 1985) who is not a member in good standing remain non-members of the Union or ceases KCCFA shall pay to be a member in good standing of the Union shall be required to pay a KCCFA their fair share of the cost costs of the collectiveservices rendered by the Kankakee Community College Faculty Association Council of American Federation of Teachers Local 604, AFL-bargaining process CIO that are chargeable to the non-members under state and contract administration in pursuing matters affecting wages, hours and other conditions federal law. 1. The Association has posted the appropriate notices of employment, but not to exceed the amount imposition of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a such fair share as defined abovefee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and 2. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union Association has annually certified in writing to the Employer, with sufficient Board (a) the amount of such fair share fee and conclusive documentation, that: a. The employee has not applied for membership, or (b) the employee is not a member fact that the notice required in good standing and (1) above has been delinquent posted. The Board shall cooperate with the Association to ascertain the names of all non-members of the Association from whose earnings the fair share payments shall be deducted. The Association shall prepare a notice containing the fair share fee information as required by the rules and regulations of the IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Association) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of faculty to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. 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 (IELRA). If a non-member faculty asserts the right of non-association under Section 11 of the IELRB, he/she be required to pay an amount equal to his/her obligation proportionate share to pay dues 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 this Article, or its rules. It is specifically agreed that any dispute concerning the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, amount of the manner in which fair share fee and/or the Union has calculated the fair-share fee, and responsibilities of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity Association with respect to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-fair share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so payors as to safeguard set for the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, above shall not be subject to the grievance and arbitration procedure provided for set forth in this Agreement. HoweverThe Association agrees to indemnify and hold the Board harmless against any and all claims, demands, suits, orders, or judgments or other forms of liability (monetary or otherwise) brought or issued against the grievance procedure shall be available Board and for resolution of all legal costs that may arise out of, or by reason of, any difference action taken or dispute between not taken by the Union and the Employer concerning the Employer’s compliance with Board under the provisions of this ArticleSection. If an improper deduction is made and paid to the Association, the Association shall refund any such amount directly to the faculty member involved.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All teachers who are not members of the Union, commencing on the effective date of this Agreement, or thirty (30) days after their initial employment, whichever is not a later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member teachers and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and 2. The Union has annually certified in writing to the Board (a) the amount of such fair share fee and (b) the fact that the notice required in (1) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non- members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of teachers to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should a teacher file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If the teacher is entitled to a refund, the teacher shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non-religious charitable organization mutually agreed upon by the teacher and the Union. If the teacher and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All full-time TEACHER AIDES who is are not a member in good standing members of the Union or ceases to be a member in good standing shall, sixty (60) days after their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay to the Union shall be required to pay a each month their fair share of the cost of the collectiveservices rendered by the Union that are chargeable to non-members under state and federal law. Full- time teacher aides employed, and receiving their first pay prior to June 30, 2003, shall be exempted from the Fair Share provisions, provided they are continuously employed in the bargaining process and contract administration in pursuing matters affecting wagesunit. The Union shall certify to the Board the amount of the fair share fee, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of membersmembers of the Union, and shall supply the Board and the non-members a copy of the basis of the calculation of the fee. All employees hired on The fair share fee payment shall be deducted by the Board from the earnings of the non-member Teacher Aides and paid to the Union. Non-member Teacher Aides who object to the amount of the fair share fee have the right to file an unfair labor practice charge against the Union pursuant to paragraph 1714(b) (1) of the Illinois Educational Labor Relations Act. Upon any such filing and notice of such to the Union, the Union shall place in an interest- bearing escrow account, separated from other funds held by the Union, the amount of each objector’s fair share payments made, and to be made, pending resolution of the charge, which is fairly placed at issue by the objection or after objections, and it shall maintain the effective date escrow account during the pendency of this Agreement who have not made application for membership shallthe charge and any judicial review pursuant to the Act. If a non-member Teacher ▇▇▇▇ declares the right of non-association based either upon bonafide religious tenets, on or after the thirtieth (30th) day teachings of their hirea church or religious body of which such Teacher Aide is a member, also or upon philosophical differences, such non-member shall be required to pay a an amount equal to the Teacher Aide’s proportionate fair share, as determined under this fair share as defined aboveagreement, to a non-religious charitable organization mutually agreed upon by the non-member and the Union from a list compiled by the Union and the Board. If the affected Teacher Aide and the Union are unable to reach an agreement on the matter, the Teacher Aide may select a charitable organization for receipt of the payment from an approved list established by the Illinois Educational Labor Relations Board. The Employer Union shall deduct indemnify and hold harmless the Board, its members, officers, agents and employees from the wages and against any and all claims, demands, actions, complaints, suits, or other forms of any employee the fair-share financial obligation, as certified to the Employer liability that shall arise out of or by reason of action taken by the Union, provided that Board for the Union has certified in writing to purposes of complying with the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under above provisions of this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoffin reliance on any list, for at least thirty (30) daysnotice, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Articlecertification, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeaffidavit, or assignment furnished under any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Contractual Agreement

Fair Share. Any employee In the event the Association obtains a voluntary, dues-paying membership of at least of at least sixty-seven percent (67%) of all bargaining unit employees, the Board will implement a fair share system based upon the following: 1. It is recognized that the Association's duties as the sole and exclusive bargaining agent entail expenses for collective bargaining and contract administration which appropriately are shared by all bargaining unit members who is are beneficiaries of this Agreement. To this end, if a bargaining unit member does not join the Association or execute a member in good standing dues deduction authorization within fourteen (14) days after posting of the Union or ceases notice required in subparagraph (a), the Board shall deduct the sum equivalent to be a member in good standing the bargaining unit member's share of the Union costs of the services rendered by the Association for collective bargaining and contract administration in its role as the sole and exclusive bargaining agent as annually certified in writing by the Association to the Board in equal payments from the regular salary check to the teacher in the same manner as it deducts for members of the Association, provided: a. The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and b. The Association has annually certified in writing to the Board the amount of such fair share fees and has annually certified in writing to the Board that such notice has been posted. 2. The Board shall begin such fair share fee deduction no earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the IELRB) after certification by the Association as described in paragraph 1 of Section 3.5 of this Article and transmit the fee to the Association no later than ten (10) days following the deduction. In the event a teacher objects to the amount of such fee, the fee shall be required transferred in accordance with the Rules and Regulations to the IELRB. 3. The Association, the Illinois Education Association and the National Education Association agree to defend, indemnify, and save the Board harmless against any claim, demand, suit, or other form of liability which may arise by reason of any action taken by the Association or the Board in complying with the provisions of this Section, provided the Board gives notice of such action in writing to the Association as soon as practicable and permits the Association intervention as a party if it so desires, and the Board cooperates with the Association and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. Such duty to defend, indemnify and save the Board harmless shall not apply to any claim, demand, suit or other form of liability which may arise as a result of the Board's failure to comply with the provisions of this Section. 4. The obligation to pay a fair share of the cost of the collective-fee will not apply to any bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shallunit member who, on the basis of a bona fide religious ▇▇▇▇▇ or after teaching of a church or religious body of which such bargaining unit member is a member or a belief sincerely held with the thirtieth (30th) day strength of their hiretraditional religious views, also be required objects to pay the payment of a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified fee to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient Association. Upon proper substantiation and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, collection of the manner in which the Union has calculated the fair-share entire fee, and the Association will make payment on behalf of the Union’s fairEmployee to a mutually agreeable non-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue religious charitable organization as per Association policy and the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day Rules and Regulations of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this ArticleIllinois Educational Labor Relations Board.

Appears in 1 contract

Sources: Bargaining Agreement

Fair Share. Any employee A. It is recognized that the negotiation and Administration of this Agreement entail expenses which appropriately are shared by all teachers who is are beneficiaries of said Agreement. Therefore, teachers covered by this Agreement who are not a member in good standing members of the Union or ceases to be a member in good standing of the Union Council shall be required to pay a their fair share of the cost costs of the collective-collective bargaining process process, contract Administration and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed commensurate with the amount of dues uniformly required of members. All employees hired on The fair share fee shall not include any fees for contributions related to the election or after support of any candidate for political office or other political contributions. To this end, if a teacher does not join the effective date Council or execute a dues deduction authorization mutually agreed upon by the parties thereto, such teacher will: 1. Execute an authorization for the deduction of this Agreement who have a sum equal to the cost of services by the Council that are chargeable to non-members under state or federal law, or 2. Pay directly to the Council a like sum. B. In the event such an authorization is not signed or such direct payment is not made application for membership shallwithin thirty (30) days following the commencement of employment, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall Administration will deduct from the wages regular salary check of any employee the fair-teacher the fair share financial obligationfee in payments of equal installments, as certified to starting with the Employer by subsequent payroll period provided: 1. The Council has posted the Unionappropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the Illinois Educational Labor Relations Board, provided that and 2. By the Union first of October of each school year, the Council has certified in writing to the Employer, with sufficient Administration the amount of such fair share fee (which amount must not exceed that permitted by applicable law) and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and that notice of imposition of such fair share fee has been delinquent in his/her obligation posted. C. In no event shall the Administration begin such fair share fee deduction earlier than fourteen (14) days (or any later period as required by the Rules and Regulations of the Illinois Educational Labor Relations Board) after certification by the Council. D. The provisions of this section shall not apply to pay dues under any teacher employed after the start of the second semester for the remainder of that school year only. For each subsequent school year that that teacher is employed, the provisions of this Article, or section shall apply. E. In the employee has not paid his/her dues directly event a teacher objects to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee amount of his/her obligation under this Article, of the manner in which the Union has calculated the fair-such fair share fee, the Administration shall continue to deduct the fee and transmit the fee or the portion of the Union’s fair-share-objection procedurefee in dispute to an escrow in accordance with the rules and regulations of the Illinois Educational Labor Relations Board. If the teacher is entitled to a refund, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer teacher shall forward the fair-share amount receive such refund pursuant to the Union applicable Illinois Educational Labor Relations Board procedures. F. If a non-member teacher declares the right of non-association based upon bona fide religious tenets, 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 Council. If the teacher and the Council are unable to reach agreement on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amountmatter, as determined a charitable organization shall be selected from a list established and approved by the UnionIllinois Educational Labor Relations Board in accordance with its rules. G. The Council, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal Illinois Education Association, and state law. The fair-share provisions of this Agreement shall be applied so as the National Education Association agree to safeguard indemnify and save the associational Board and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeAdministration harmless against any claims, demands, suits, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution other form of liability which may arise by reason of any difference action taken or dispute between omitted by the Union and Council or the Employer concerning the Employer’s compliance Administration in complying with the provisions of this Articlesection, including reimbursement for any legal fees or expenses incurred in connection therewith. ▇. The Administration agrees to notify the Council promptly in writing of any written claim, demand, or suit in regard to which it will seek to implement the provisions of Section G above.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All teachers covered by this Agreement who is are not a member in good standing of the Union or ceases to be a member in good standing members of the Union shall be required during the term of this Agreement, and so long as they remain non-members of the Union, pay to pay a the Union their fair share of the cost of the collectiveservices rendered by the Union that are chargeable to non-bargaining process members under state and contract administration in pursuing matters affecting wages, hours and other conditions federal law. All support staff employees covered by this Agreement who are not members of the Union shall commencing thirty (30) days after their employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have Agreement, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, pay to the Union their fair share of the cost of the services rendered by the Union that are chargeable to non-members under state and federal law. The Union shall certify to the Board the amount of the annual fair share fee, not to exceed the dues uniformly required of members of the Union, and shall supply the Board and the non- members a copy of the basis of the calculation of the fee. The Union shall further certify to the Board that "Notice of Fair Share" has been posted in accordance with the IELRB rules and regulations. No payroll deduction of fair share fees shall be made application 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 shall not include any fees for membership shall, on contributions related to the election or after support of any candidate for political office. Nothing in this Section shall preclude the thirtieth (30th) day non-member employee from making voluntary political contributions in conjunction with his or her fair share payment. This fair share agreement shall safeguard the right of their hire, also non-association of employees based upon bona fide religious tenets or teaching of a church or religious body of which such employees are members. Such employees may be required to pay a an amount equal to their fair share as defined aboveunder this Agreement to a non-religious charitable organization mutually agreed upon by the employees affected and the Union, or if no mutual agreement is reached, from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board. The Employer shall deduct from the wages of any employee the fairNon-share financial obligation, as certified member employees who object to the Employer 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, provided except that the Union has certified in writing filing of such objection pursuant to the Employerinternal procedure may not be sufficient to preserve any rights the non-members may have under the IELRA. Upon any such filing, with sufficient pursuant to said internal procedures and conclusive documentationnotice of such to the Union, that: a. the Union shall place in an interest-bearing escrow account, separated from other funds held by the Union, the amount of each objector's fair share payments made, and to be made pending resolution of the charge, which is fairly placed at issue by the objection or objections, and it shall maintain the escrow account during the pendency of the charge and any judicial review pursuant to the Act. The employee has not applied for membershipUnion shall indemnify and hold harmless the Board of Education, its members, officers, agents, and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability, including, but not limited to, damages, attorneys' fees, and costs that shall arise out of or by reason of action taken by the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under Board for the purpose of complying with the above provisions of this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoffin reliance on any list, for at least thirty (30) daysnotice, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Articlecertification, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeaffidavit, or assignment furnished under any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All employees who are not members of the Union, commencing on the effective date of this Agreement, or thirty (30) days after their initial employment, whichever is not a later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the service rendered by the Union that are chargeable to non-members under state and federal law. Such fair share payments by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union provided, however that: A. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and B. The Union has annually certified in writing to the Board (a) the amount of such fair share fee and (b) the fact that the notice required in (A) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share information as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of the employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If the employee is entitled to a refund, the employee shall receive such a refund plus any interest - earned on the refund during pendency of the action pursuant to applicable IELRB procedures. 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 Education Labor Relations Act (IELRA). If a non-member employee asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues under this Article, or a non-religious charitable organization mutually agreed upon by the employee has not paid his/her dues directly to and the Union. If the employee and the Union through means other than Employer checkoffdo not agree on the matter, for at least thirty (30) days, and; b. a charitable organization shall be selected from a list established by the IELRB under its rule. The Union has provided reasonable notification to shall indemnify and hold harmless the employee Board, its members, officers, agents and employees from and against any and all claims demands, actions, complaints, suits or other forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of assignment furnished under any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provision.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any 1 MTI shall save the Board and the District harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise should an employee who is not have sufficient funds available to cover said deduction. Amounts deducted pursuant to this provision shall be forwarded directly by the District to the authorized carrier. This provision shall not be operative until at least fifty (50) employees elect to so participate. 2 MTI shall save the Board and the District harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise should an employee not have sufficient funds available to cover said deduction. MTI shall provide a member in good standing listing, per District format, by the 15th of each month of the Union or ceases deductions to be a member in good standing of taken. Amounts deducted pursuant to this provision shall be forwarded directly by the Union District to MTI and MTI shall be required to forward the amounts deducted to the authorized carrier. This provision shall not be operative until at least fifty (50) employees elect to so participate. a. Personnel in the bargaining unit described herein who do not voluntarily become members of Madison Teachers via cash payment or who have not authorized the deduction of dues pursuant to the conditions set forth in paragraph 2 above, are required to pay a fair their proportionate share of the cost of the collective-collective bargaining process and contract the administration in pursuing matters affecting wagesof this collective bargaining agreement, hours and other conditions of employment, but not to exceed measured by the amount of dues uniformly required of members. All employees hired on or after all members of Madison Teachers and in that regard, the effective date Board, shall deduct such amount from the payroll check of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined abovebargaining unit personnel involved. The Employer shall deduct will provide Madison Teachers with a list of employees from whom such deductions are made with each monthly remittance. As new employees are hired during the wages of any employee year, the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, first dues or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement Fair Share deductions shall be applied so as made from their first paycheck. Changes in the amount of dues or Fair Share to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure deducted shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlecertified by Madison Teachers forty-five (45) days before same is to be effective.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All employees covered by this Agreement who are not members of the Union, commencing on the effective date of this Agreement, or thirty (30) days after their initial employment, whichever is not a later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs and services rendered by the Union that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employees and remitted to the Union provided, however, that: A. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and B. The Union has annually certified in writing to the Board (1) the amount of such fair share fee and (2) the fact that the notice required in (A) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information, as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB 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 pursuant to applicable IELRB procedures. 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non-religious charitable organization mutually agreed upon by the employee and the Union. If the employee and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee During the term of this Agreement, teachers who is are not a member in good standing members of the Union Association shall, commencing sixty (60) days after their employment or ceases to be a member in good standing of the Union shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or sixty (60) days after the effective date of this Agreement who have not made application for membership shallAgreement, on or after the thirtieth (30th) day of their hirewhichever is later, also be required to pay a fair share fee to the Association for collective bargaining and contract administration services rendered by the Association as defined abovethe exclusive representative of the teachers covered by said Agreement, provided the fair share fee shall not exceed the dues attributable to being a member of the North ▇▇▇▇▇ Education Association (including the Illinois Education Association and the National Education Association). In the event that the teacher does not pay his or her fair share directly to the Association by a certain date established by the Association, such fair share fee shall be deducted by the District from the earnings of non-members and remitted to the Association. The Employer Association shall deduct from annually submit to the wages District a list of the teachers covered by this Agreement who are not members of the Association and an affidavit, which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election or support of any employee the faircandidate for political office or for member-only benefit. Non-members who object to this fair share financial obligationfee based on bona fide religious tenets or teaching shall pay an amount equal to such fair share fee to a non-religious, as certified to the Employer charitable organization mutually agreed upon by the Unionteacher and the Association. If the affected non- member and the Association are unable to reach an agreement on the organization, provided the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board and the payment shall be made to said organization. The Association shall indemnify and hold harmless the District, its members, officers, agents and employees from any, against any and all claims, demands, actions, complaints, suits or other forms of liability (monetary or otherwise) that arise out of or by reason of any action taken or not taken by the Union has certified in writing to District for the Employer, purpose of complying with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under above provisions of this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoffin reliance upon any list, for at least thirty (30) daysnotice, and; b. The Union has provided reasonable notification to the employee of his/her obligation certification, affidavit or assignment furnished under this Article, any of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection proceduresuch provisions. The Employer District shall forward promptly notify the fair-share amount Association if there is any lawsuit or other legal challenge to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this ArticleArticle and the Association, upon such notice being given, shall have the right to designate legal counsel to defend such action; provided, however, the District shall have the right to designate its own legal counsel in any such legal proceedings, subject to the approval of the Association, which approval shall not unreasonably be withheld, if such designation becomes necessary to protect its own interest, with the understanding that these indemnification provisions shall cover the cost of such representation.

Appears in 1 contract

Sources: Basic Agreement

Fair Share. Any employee All employees who are not members of the Union, commencing on the effective date of this Agreement, or thirty (30) days after their initial employment, whichever is not a later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member teachers and remitted to the Union provided, however, that: A. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and B. The Union has annually certified in writing to the Board (1) the amount of such fair share fee and (2) the fact that the notice required in (A) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections shall be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB 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 pursuant to applicable IELRB procedures. 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 (IELRA). If a non-member teacher asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non- religious charitable organization mutually agreed upon by the teacher and the Union. If the employee and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee who is not (A) Pursuant to Illinois Educational Labor Relations Act the parties agree that as of the date of the signing hereof, if a member majority of the members of the bargaining unit recognized hereby have authorized a deduction under Section 2.1 above, or if the Union otherwise demonstrates and verifies to the School’s satisfaction in good standing a manner acceptable to the School that such majority of the members of said unit are dues paying members of the Union or ceases at the time, non-union members employed in status positions in the unit, who choose not to be a member in good standing become members within thirty (30) calendar days of the Union signing hereof, shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but Fair Share Fee not to exceed the amount of dues uniformly required of members. All employees hired on or after Such Fair Share Fee shall be deducted from the effective date employee’s paycheck and shall be forwarded to the Union along with the deductions provided for in Section 2.1. (B) The School and the Union are both cognizant of the provisions of the Illinois Educational Labor Relations 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 agrees to comply with and abide by all provisions of the Act and said Fair Share Rules. (C) In the event that any employee covered hereby objects to making a Fair Share contribution as required by Section 2.2 hereof based upon bona fide religious tenants or teachings of a church or religious body of which that employee is a member, that employee may, as an alternative to making a Fair Share contribution, make contributions at least equal in amount to the Fair Share Fee amount to a nonreligious charitable organization mutually agreed upon by the objecting employee and the Union. For this purpose the Union shall certify to the School the names of all employees covered hereby who have not made application for membership shall, on or after are relieved of the thirtieth (30th) day of their hire, also be required obligation to pay a fair share as defined above. The Employer Fair Share Fee by virtue of this Section 2.2; and it shall deduct from be the wages sole obligation of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient verify that contributions contemplated hereby have actually been made and conclusive documentation, that:that said employees are not subject to a Fair Share Fee deduction. a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30D) days, and; b. The Union has provided reasonable notification to shall defend and hold the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, University and of School harmless and shall provide counsel at the Union’s fair-share-objection procedureexpense to represent the University and School against any claim, and; c. The employee has been given a reasonable opportunity to pursue demand, suit, or liability arising from any action taken by the fair-share objection procedure. The Employer shall forward the fair-share amount University and School in complying with this Section 2.2 or in reliance on written direction forwarded to the Union on University and School pursuant to this Section 2.2. (E) Nothing contained herein shall require the tenth (10th) day of the month following the month School to take any action to collect any Fair Share Fee from any employee in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees any given pay period except to the extent and under that such employee earns wages from the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for School in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlethat period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee who is not a member in good standing of the Union or ceases to be a member in good standing of the Union shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair fair-share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee who is not a member in good standing of the Union or ceases to be a member in good standing of the Union shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation to pay dues under this Article, or the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee of his/her obligation under this Article, of the manner in which the Union has calculated the fair-share fee, and of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined by the Union, will be provided a copy of the Union’s -s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employee, or any difference or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution of any difference or dispute between the Union Union· and the Employer concerning the Employer’s compliance with the provisions of this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any employee All teachers who are not members of the Union, commencing on the effective date of this Agreement, or thirty days after their initial employment, whichever is not a later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of costs of the services rendered by the Union that are chargeable to non-members under the state and federal law, including district, local, state and national dues. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member teachers and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulation of the Illinois Educational Labor Relations Board (IELRB); and 2. The Union has annually certified in writing to the Board (a) the amount of such fair share fee and (b) the fact that the notice required in (1) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information as required by the rules and regulations of the Union IELRB, (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of teachers to object to the amount of the fair share fee and that such objections shall be handled under the rules and regulations now in effect or adopted later by the IELRB. The parties recognize the rights of non-members based on 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 (IELRA). If a non-member teacher asserts the right on non-association under Section 11 of the IELRB, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non-religious charitable Organization mutually agreed upon the teacher and the Union. If the teacher and the Union do not agree on the matter, a charitable Organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposed of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Fair Share. Any All employees who are not members of the Union, commencing on the effective date of this Agreement, or sixty (60) days after their initial employment, whichever is later, and continuing during the term of this Agreement, and so long as they remain non-members of the Union, shall pay to the Union each month their fair share of the costs of the services rendered by the Union that are chargeable to non-members under state and federal law. Such fair share payment by non-members shall be deducted by the Board from the earnings of the non-member employee who is not a member and remitted to the Union, provided, however, that: 1. The Union has posted the appropriate notices of imposition of such fair share fee in good standing accordance with the rules and regulations of the Illinois Educational Labor Relations Board (IELRB); and 2. The Union has annually certified in writing to the Board (a) the amount of such fair share fee and (b) the fact that the notice required in (1) above has been posted. The Board shall cooperate with the Union to ascertain the names of all non-members of the Union or ceases to from whose earnings the fair share payments shall be deducted. The Union shall prepare a member in good standing notice containing the fair share fee information as required by the rules and regulations of the Union IELRB, advising that any non-members may file an objection to the fee with the IELRB (with a copy served on the Union) at any time before the expiration of this Agreement, in accordance with the rules and regulations of the IELRB. The parties recognize the right of employees to object to the amount of the fair share fee and that such objections will be handled under rules and regulations now in effect or adopted later by the IELRB. Should an employee file an objection with the IELRB as to the amount of the fair share fee, the Board shall continue to deduct the fee and transmit the portion of the fee in dispute to the IELRB, which shall hold that amount in escrow in an account established for that purpose. The Board shall continue to transmit all such amounts to the IELRB until further order of the IELRB. If an employee is entitled to a refund, said employee shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures. 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 (IELRA). If a non-member employee asserts the right of non-association under Section 11 of the IELRA, he/she shall be required to pay a fair share of the cost of the collective-bargaining process and contract administration in pursuing matters affecting wages, hours and other conditions of employment, but not an amount equal to exceed the amount of dues uniformly required of members. All employees hired on or after the effective date of this Agreement who have not made application for membership shall, on or after the thirtieth (30th) day of their hire, also be required to pay a fair share as defined above. The Employer shall deduct from the wages of any employee the fair-share financial obligation, as certified to the Employer by the Union, provided that the Union has certified in writing to the Employer, with sufficient and conclusive documentation, that: a. The employee has not applied for membership, or the employee is not a member in good standing and has been delinquent in his/her obligation proportionate share to pay dues a non-religious charitable organization mutually agreed upon by the employee and the Union. If the employee and the Union do not agree on the matter, a charitable organization shall be selected from a list established by the IELRB under this Articleits rules. 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 the employee has not paid his/her dues directly to the Union through means other than Employer checkoff, for at least thirty (30) days, and; b. The Union has provided reasonable notification to the employee forms of his/her obligation under this Article, liability that shall arise out of the manner in which the Union has calculated the fair-share fee, and or by reason of the Union’s fair-share-objection procedure, and; c. The employee has been given a reasonable opportunity to pursue the fair-share objection procedure. The Employer shall forward the fair-share amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made. Any bargaining-unit employee who objects to the fair-share amount, as determined action taken by the Union, will be provided a copy Board for the purposes of complying with the Union’s fair-share objection procedure. The Union’s procedure for resolution of fair-share fee objections shall comply with all applicable federal and state law. The fair-share above provisions of this Agreement shall be applied so as to safeguard the associational and nonassociational rights of employees to the extent and under the terms provided by applicable federal and state law. Objections by an employeeSection, or in reliance on any difference list, notice, certification, affidavit, or dispute between the Union and an employee concerning fair share, shall not be subject to the grievance procedure provided for in this Agreement. However, the grievance procedure shall be available for resolution assignment furnished under any of any difference or dispute between the Union and the Employer concerning the Employer’s compliance with the provisions of this Articlesuch provisions.

Appears in 1 contract

Sources: Collective Bargaining Agreement