Common use of Filing a Challenge Clause in Contracts

Filing a Challenge. ‌ 1. Non-members who wish to challenge collection of the Fair Share Agency Shop Service Fee because the amount identified allegedly contains expenditures for non-chargeable activities must file an objection letter with the Union within thirty (30) calendar days of receipt of notice (notice shall be rebuttably presumed to have been received no later than five (5) calendar days after it is postmarked). A non-member may file a letter by presenting it to the Union business office in person or by certified mail, return receipt requested. The non- member shall provide a copy of the letter to the Human Resources Director within three (3) calendar days of its filing with the Union; 2. The letter shall be signed by the challenger, or the challenger's agent, under penalty of perjury, and must state with specificity the particular expenditures being challenged and the grounds for such challenge. The letter must contain the name and mailing address of the challenger; 3. While the challenge is pending, the amount of the Fair Share Agency Shop Service Fee reasonably in dispute shall be placed in an escrow account established by the Union; 4. Within thirty (30) calendar days after receipt, the Union shall schedule a date for arbitration, which shall be conducted in accordance with procedures established by American Arbitration Association. Pending the commencement of arbitration, the Union and the challenger may, by mutual agreement, attempt to resolve the dispute informally; 5. The arbitrator shall be selected in accordance with the procedures of the American Arbitration Association; 6. The Union shall have the burden of proving that the fee amount complies with this Article and applicable law; and, 7. The costs of the arbitrator and court reporter, if any, shall be borne entirely by the Union. The challenging employee shall be responsible for their own costs including, but not limited to, attorney fees and copies of the court reporter's original transcripts.

Filing a Challenge. ‌Instructions on filing a challenge to the amount of the Fair Share Agency Shop Service Fee with the Union shall, at a minimum, provide the following: 1. Non-members who wish to challenge collection of the Fair Share Agency Shop Service Fee because the amount identified allegedly contains expenditures for non-chargeable activities must file an objection letter with the Union within thirty (30) calendar days of receipt of notice (notice shall be rebuttably presumed to have been received no later than five (5) calendar days after it is postmarked). A non-member may file a letter by presenting it to the Union business office in person or by certified mail, return receipt requested. The non- member shall provide a copy of the letter to the Human Resources Director within three (3) calendar days of its filing with the Union; 2. The letter shall be signed by the challenger, or the challenger's agent, under penalty of perjury, and must state with specificity the particular expenditures being challenged and the grounds for such challenge. The letter must contain the name and mailing address of the challenger; 3. While the challenge is pending, the amount of the Fair Share Agency Shop Service Fee reasonably in dispute shall be placed in an escrow account established by the Union; 4. Within thirty (30) calendar days after receipt, the Union shall schedule a date for arbitration, which shall be conducted in accordance with procedures established by American Arbitration Association. Pending the commencement of arbitration, the Union and the challenger may, by mutual agreement, attempt to resolve the dispute informally; 5. The arbitrator shall be selected in accordance with the procedures of the American Arbitration Association; 6. The Union shall have the burden of proving that the fee amount complies with this Article and applicable law; and, 7. The costs of the arbitrator and court reporter, if any, shall be borne entirely by the Union. The challenging employee shall be responsible for their own costs including, but not limited to, attorney fees and copies of the court reporter's original transcripts.