Common use of Financial Responsibility Clause in Contracts

Financial Responsibility. A. Any Bargaining Unit Member who is not a member of the Association in good standing, or who does not make application for membership within thirty (30) days from the commencement of duties shall, as a condition of employment, pay as a service fee to the Association any amount established by the Association. Provided, however, that the Bargaining Unit Member may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. In the event an employee shall not pay such representation service fee directly to the Association or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7), deduct the representation service fee from the employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the employee that a request for wage deduction may be filed with the Board in the event compliance is not effected. If the employee fails to remit the fee or fails to authorize the deduction for same, the Association may request the Board to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Article.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Financial Responsibility. A. Any Bargaining Unit Member who is not a member of the Association in good standing, or who does not make application for membership within thirty (30) days from the commencement of duties Section 1 Each employee shall, as a condition of employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, join the Association or pay as a service fee to the Association any Association, equivalent to the amount established by of dues uniformly required of members of the Association. Provided, howeverincluding local, that state, and national dues. Section 2 Any employee who is a member of the Bargaining Unit Member Association, has applied for membership, or who has elected to pay the service fee as specified above, may authorize sign and deliver to the Board an assignment authorizing payroll deduction for of such service fee amounts. Such authorization shall be continued from year to year unless revoked in writing between August 1 and August 31 of any year. Deductions will be made per a schedule agreed to between the same manner as provided in Article 6Association and the Business Office. B. Section 3 In the event an employee shall does not join the Association or pay such representation the service fee directly to the Association or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Association, deduct terminate the representation service fee from the employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6employment of such Bargaining Unit Member forthwith. The parties expressly agree that the failure of any employee to comply with the provisions of this Article is just cause for discharge from employment. Section 4 The Association shall in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) shall noncompliance with this Article notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance noncompliance and shall provide for ten (10) days for compliance, and shall further advise the employee that a request for wage deduction discharge may be filed with the Board in the event compliance is not effected. If affected. Section 5 In the employee fails to remit the fee or fails to authorize the deduction for same, the Association may request event of any legal action against the Board to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed brought in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs)because of the Board's compliance with this Article, the Association agrees to defend such action, at its own expense and with its own counsel. The Association agrees that may arise out of or by reasons ofany action so defended, action taken or not taken by it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of Education for a court or administrative agency as a direct result of the purpose of complying employer's compliance with this Article.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Financial Responsibility. A. Any Bargaining Unit Member who Membership in the Association is not compulsory. Employees have the right to join, maintain, or drop their membership in the Association. Neither party shall exert any pressure on, or discriminate against, an employee as regards to such matters. However, it is recognized that the Association is required under this Agreement to represent all of the employees in the bargaining unit fairly and equally without regard to whether or not an employee is a member of the Association. B. All employees, as recognized in Article II, shall be obligated to make payment of Association in good standing, dues or who does not make application for membership within thirty (30) days from the commencement of duties shall, a service fee as a condition of continued employment. C. During the life of this Agreement, pay as a the District agrees to deduct the payment of dues or service fee from the pay of each food service employee who individually executes a proper authorization form. Such dues deduction may be paid in full prior to October 1, or can be paid by payroll deduction. Such authorization and direction for dues deduction shall become effective upon delivery of such authorization to the District and shall be irrevocable for a period of one year or until the termination of this Agreement, whichever occurs sooner. The Association any amount established by agrees to furnish the AssociationDistrict with a list of their Association members who have agreed to the dues deduction and a proper authorization form on or before the end of the second full week following the commencement of school in the fall. Provided, however, that the Bargaining Unit Member may authorize payroll Such deduction shall be for such dues or service fee in the same manner as provided in Article 6. B. only and shall not include any special assessments or special levies. In the event an employee case of retirement, discharge, voluntary leaving or layoff, the District shall not pay such representation service fee directly be responsible for refunding any portion of said dues. The District shall not be liable to the Association or authorize any individual members by reason of the requirement of this section for remittance or payment of dues other than set forth herein. When dues are inappropriately deducted through the payroll deduction, the Board shallprocedure, upon completion of Association written official notification to the procedures contained herein at District, an appropriate District check will be prepared within two (2) weeks to resolve the request error. D. The amounts shall be certified to the employer by the Treasurer of the Association and pursuant to MCLA 408.477; MSA 17.277(7), deduct the representation service fee from the employee’s wages and remit same aggregate deductions shall be remitted to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the employee that a request for wage deduction may be filed with the Board in the event compliance is not effected. If the employee fails to remit the fee or fails to authorize the deduction for same, the Association may request the Board to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures Treasurer of the Association. . E. The remedies Association will indemnify, defend and hold the District harmless against any claim made and against any suit instituted against the District on account of such procedures shall be exclusiveany check-off of any payments pursuant to the foregoing, and unless and until such procedures, including on account of any administrative dispute concerning an employee's employment status by reasons of any failure or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning refusal on the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents part of the Board, against employee to make any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Articlesuch payment.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Financial Responsibility. A. Any Bargaining Unit Member who is not a member of Agency Fee 1. Each employee covered by the negotiated Agreement between the Board and the Association in good standing, or who does not make application for membership within thirty (30) days from the commencement of duties shall, as a condition of employment, employment on or before thirty-one (31) days from the date of commencement of duties join the Association or pay as a service fee to the Association equivalent to the amount of dues uniformly required of the members of the Michigan Education Association, less any amount established amounts not permitted by the Association. Providedlaw; provided, however, that the Bargaining Unit Member employee may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. In the event fee. If an employee shall not pay such representation service fee directly to the Association or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Association, deduct the representation service fee from the employee’s wages salary and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as Association under the procedure provided in Article 6below. 2. The Association procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) non-payment of the service shall be as follows: a. The Association shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance non- compliance, and shall further provide ten (10) days for compliance, compliance and shall further advise the employee recipient that a request for wage deduction may be filed with the Board in the event if compliance is not effected. . b. If the employee fails to remit the service fee or fails to authorize the authorized deduction for same, the Association may request the Board make such deduction pursuant to make the opening paragraph above. c. The Board, upon receipt of request for involuntary deduction. When , shall provide the employee objects with an opportunity for a due process hearing limited to the appropriate amount question of whether or not the representation employee has remitted the service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deductedthe Association or authorized payroll deduction for same. The Association has established a “Policy Regarding Objections to Political-Ideological Expenditures.” That policy, must exhaust and the internal administrative procedures of (including the Associationtimetable for payment) pursuant thereto, applies only to non-Association employees. The remedies of such procedures set forth in that policy shall be exclusiveexclusive and, and unless and until such procedures, procedures (including any administrative or judicial review thereof), shall have been availed of and exhausted, no dispute, claim claim, or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. B. The Association agrees to indemnify and save harmless the school district, its administrators, and the Board of Education, including each individual school board member and authorized agents of the Board, harmless against any and all claims, all demands, costs, suits, or any other form forms of liability (liability, including back pay and all court or administrative agency costs), costs that may arise out of or by reasons of, reason of action taken or not taken by the Board employer, or in reliance upon signed authorization cards or lists furnished to the employer by the Association for the purpose of Education payroll deduction of dues, or for the purpose of complying with this ArticleAgreement, subject to the following conditions: 1. The Association, after consultation with the Board, has the right to decide whether to defend any such action or whether or not to appeal the decision of any court or other tribunal regarding the validity of this section or the defense which may be assessed against the Board by a court or tribunal; 2. The Association has the right to choose the legal counsel to defend any said suit or action. However, the Board shall be kept informed of the status of such litigation. 3. The Board shall have the right to compromise or settle any claim against the Board under this section. C. Due to certain requirements established in recent court decisions, the parties acknowledge that the amount of the fee charged to non-members along with other required information may not be available and transmitted to non-members until mid school year (December, January or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non-payment of the representation fee by non-members shall be activated thirty (30) days following the Association’s notification to non-members of the fee for that given school year.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Financial Responsibility. A. Any Bargaining Unit Member who is not a Each bargaining unit member of the Association in good standing, or who does not make application for membership within thirty (30) days from the commencement of duties shall, as a condition of employment, on or before thirty (30) calendar days from the commencement of duties or the effective date of this Agreement, whichever is later, join the Association, or pay as a service fee Service Fee to the Association, equivalent to the amount of dues uniformly required of members of the Association any amount established by pursuant to the Association’s “Policy Regarding Objections to Political-Ideological Expenditures” and the Administrative Procedures adopted pursuant to that policy, less any amounts not permitted by law. Provided, however, that the Bargaining Unit Member The bargaining unit member may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. fee. In the event an employee that the bargaining unit member shall not pay such representation service fee Service Fee directly to the Association Association, or authorize payment through payroll deduction, the Board District shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)) and at the written request of the Association, deduct the representation service fee Service Fee from the employeebargaining unit member’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as Association under the procedures provided in Article 6below: 1. The Association procedure in all cases of mandatory non-payment of the service fee where the Association has requested involuntary wage deduction pursuant to MCAL 408.477; MSA 17.277(7) shall be as follows: a. The Association shall notify the employee bargaining unit member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days workdays for compliance, and shall further advise the employee recipient that a request for wage deduction may be filed with the Board District in the event compliance is not effected. . b. If the employee bargaining unit member fails to remit the service fee or fails to authorize the deduction for same, the Association may request the Board District to make such deduction pursuant to Paragraph B above. c. The District, upon receipt of request for involuntary deduction, shall provide the deduction. When the employee objects bargaining unit member with an opportunity for a due process hearing limited to the appropriate amount question of whether or not the representation bargaining unit member has remitted the service fee, fee to the amount Association or authorized payroll deduction of the deduction contested same. 2. Payroll deductions made pursuant to this provision shall be placed made in an escrow account equal amounts, as required by law until a determination nearly as may be, from the remaining paychecks of the appropriate amount of the fee each bargaining unit member. Moneys so deducted shall be remitted to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhaustedits designee, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedurelater than twenty (20) workdays following deduction. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Article.

Appears in 1 contract

Samples: Master Agreement

Financial Responsibility. A. Any Bargaining Unit Member On or before the 30th day of September of each year, the Association shall notify the Board of the amount of the annual dues payable by members of the Association, and the equivalent amount payable by non-members pursuant to Section 10 (1) (c) and (2) of the Public Employment Relations Act, except as subject to Sections C and D of this Article. The Board shall thereupon deduct such amounts in equal installments, as nearly as may be, from the paychecks of each professional instructional employee who has executed an individual contract of employment, and promptly pay such amount over to the Association or its delegees. Upon remitting such amounts, the Board shall have no further liability or responsibility with respect thereto. B. The parties agree that every professional instructional employee suffered or permitted to work will be required each school year to sign an individual contract of employment as provided in Section 569 of the School Code and that every such contract shall contain the following: “This contract (see Appendix 4 and 5) is subject to a collective labor agreement heretofore or hereafter negotiated by the Board and the exclusive bargaining representatives of professional instructional employees employed by the Board. The terms of such collective labor agreement are incorporated herein and by accepting this contract, you agree to be bound by all such terms, including wage deduction provisions thereof.” C. Those professional instructional employees who made application and/or were members during the 1982-83 school year shall remain members or pay a service fee not a member to exceed the dues of the Charlevoix-Emmet Intermediate Education Association to the extent permitted by law. And, further, that any employees who hereinafter join the Association or new members employed by the District shall be bound by this Section. Those professional instructional employees who were not members of the Association in good standing, or who does during the 1982-83 school year are not make application for membership within thirty (30) days from the commencement of duties shall, as a condition of employment, pay as a service fee to the Association any amount established bound by the Association. Provided, however, that the Bargaining Unit Member may authorize payroll deduction for such service fee in the same manner as provided in Article 6this Section. B. D. In the event an that the employee shall not pay such representation a service fee directly to the Association or authorize payment through payroll deduction, the Board shall, upon completion of Association may take any necessary action to require the procedures contained herein at the request of employee to pay such service fee and dues. The District shall be held harmless from action initiated by the Association and pursuant to MCLA 408.477; MSA 17.277(7), deduct the representation service fee from the employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance or its representatives or agents or employees and shall provide ten (10) days for compliance, and shall further advise the employee that not incur any obligation as a request for wage deduction may be filed with the Board in the event compliance is not effected. If the employee fails to remit the fee or fails to authorize the deduction for same, the Association may request the Board to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies result of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedureaction. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Article.

Appears in 1 contract

Samples: Professional Agreement

Financial Responsibility. A. Any Bargaining Unit Member who is not a member of the Association in good standing, standing or who does not make application for membership within thirty (30) days from the date of commencement of duties professional duties, shall, as a condition of employment, pay as a service fee to the Association any amount established by the Association. Providedprovided, however, however that the Bargaining Unit Member may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. the preceding Article. In the event an employee that a Bargaining Unit Member shall not pay such representation service fee directly to the Association or authorize payment through payroll deduction, as provided in the preceding Article, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Association, deduct terminate the representation service fee from the employment of such employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association parties expressly recognize that the failure of any Bargaining Unit Member to comply with the provisions of this Article is just and reasonable cause for discharge from employment. B. The procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this Article shall be as follows: 1. The Association shall notify the employee Bargaining Unit Member of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance non- compliance, and shall provide ten (10) days for compliance, and shall further advise the employee recipient that a request for wage deduction discharge may be filed with the Board in the event compliance is not effected. 2. If the employee Bargaining Unit Member fails to remit the fee or fails to authorize the deduction for samecomply, the Association may file charges in writing with the Board, and shall request termination of the Bargaining Unit Member's employment. A copy of the notice of non-compliance and Proof of Service shall be attached to said charges. 3. The Board, only upon receipt of said charges and request for termination, shall conduct a due process hearing on said charges, and to the extent that said Bargaining Unit Member is protected by the provisions of the Michigan Teacher Tenure Act, all proceedings shall be in accordance with said Act. In the event of compliance at any time prior to discharge, charges may be withdrawn. The Association, in the processing of charges, agrees not to discriminate between various persons who may have refused to pay the professional dues and/or service fee. C. With respect to all sums deducted by the Board pursuant to make the deduction. When the employee objects to the appropriate amount authorization of the representation Bargaining Unit Member, whether for professional dues or service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee Board agrees promptly to be deducted, must exhaust the internal administrative procedures disburse said sums upon direction of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. D. The Association agrees to indemnify and save harmless assume the legal defense of any suit or action brought against the Board regarding this Article of Education, including each individual school board member and authorized agents of the Collective Bargaining Agreement. The Association further agrees to indemnify the Board for any costs or damages which may be assessed against the Board, including Unemployment Compensation as the result of said suit or action, subject however, to the following conditions: 1. The damages have not resulted from the negligence, misfeasance, or malfeasance of the Board or its agents. 2. The Association, after consultation with the Board, has the right to decide whether to defend any said action or whether or not to appeal the decision of any court or other tribunal regarding the validity of the Section or the defense which may be assessed against the Board by any court or tribunal. 3. The Association has the right to choose the legal counsel to defend any said suit or action. 4. The Association shall have the right to compromise or settle any claim made against the Board under this Section. E. This Article shall be effective retroactively to the date of the Agreement and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Articlesums payable hereunder shall be determined from said date.

Appears in 1 contract

Samples: Master Agreement

Financial Responsibility. A. Any Bargaining Unit Member All secretaries, hired by the District, who is not a member of fall into the Association classifications designated in good standingArticle II, or who does not make application for membership within thirty (30) days from the commencement of duties shallshall become obligated, as a condition of continued employment, pay as after the completion of the probationary period, to the payment of Association dues or a service fee pursuant to federal law. The service fee shall not exceed the amount of Association any amount established by the Associationdues collected from Association members. Provided, however, that the Bargaining Unit Member The bargaining unit member may authorize payroll deduction for such service fee in the same manner as provided elsewhere in Article 6. B. this Article. In the event an employee that the bargaining unit member shall not pay such representation service fee directly to the Association Association, or authorize payment through payroll deduction, the Board Employer shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)17.277 (7) and at the request of the Association, deduct the representation service fee from the employee’s bargaining unit members wages and remit same to the Association. Payroll deductions made pursuant Due to this provision shall be made as provided certain requirements established in Article 6. The Association in all cases court decisions, the parties acknowledge that the amount of mandatory the service fee deduction pursuant charged to MCAL 408.477; MSA 17.277(7) shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the members along with other required information may not be available and transmitted to non-compliance and shall provide ten members until mid-school year (10) days for complianceDecember, and shall further advise January, or February). Consequently, the employee parties agree that a request for wage deduction may be filed with the Board procedures in the event compliance is not effected. If the employee fails to remit the fee or fails to authorize the deduction for same, the Association may request the Board to make the deduction. When the employee objects Article relating to the appropriate amount payment or non-payment of the representation service feefee by non-members shall be activated no earlier than thirty (30) days following the Association’s notification to non-members of the service fee for that given year. B. The District agrees to deduct Association dues or service fees from the pay of those employees who individually request voluntarily, in writing, that such deductions be made. These deductions will be made in equal installments from each pay period after receipt of authorization. Deductions shall start on the first pay in September of each school year and run continuously for twenty (20) pay periods. Deductions shall be made on a prorated basis for new secretaries completing probation. Such deduction shall be for dues, assessments, contributions and/or service fees as determined by the Association. In the case of retirement, discharge, voluntary leaving or layoff, the District shall not be responsible for refunding any portion of said dues. The District shall not be liable to the Association, or any of the individual members, by reason of the requirement of this section for remittance or payment of dues other than as set forth herein. C. A list of secretaries and the amount of dues to be deducted will be furnished to Human Resources no later than September 1, and remittance of dues money will be sent to the deduction contested shall be placed in an escrow account as required by law until a determination Treasurer of the appropriate amount Association within fifteen (15) calendar days of the fee following month. D. Secretaries shall tender the authorization for check-off by signing the proper deduction form. E. When dues are inappropriately deducted through the payroll procedure, upon Association written official notification to Human Resources, an appropriate District check will be deductedprepared within two (2) weeks to resolve the error. F. The Association will indemnify, must exhaust defend and hold the internal administrative procedures District harmless against any claim made and against any suit instituted against the District on account of any check-off of any payments pursuant to the foregoing, and on account of any dispute concerning a secretary's employment status by reason of any failure or refusal on the part of the Association. The remedies of secretary to make any such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedurepayment. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Financial Responsibility. A. Any Bargaining Unit Member employee who is not a member of the Association Federation in good standing, standing or who does not make application for membership within thirty (30) days from the date of commencement of duties professional duties, shall, as a condition of employment, pay as a service fee Service Fee to the Association any Federation an amount established equivalent to the dues uniformly required to be paid by members of the Association. ProvidedClare-Gladwin Education Federation; provided, however, that the Bargaining Unit Member employee may authorize payroll paYroll deduction for such service fee in the same manner as provided in Article 6. B. in. the preceding Article. In the event that an employee shall not pay such representation service fee Service Fee directly to the Association Federation or authorize payment through payroll paYroll deduction, as provided in the preceding Article, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Federation, deduct terminate the representation service fee from the employment of such employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association parties expressly recognize that the failure of any employee to comply with the provisions of this Article is just and reasonable cause for discharge from employment. B. The procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this Article shall be as follows: 1. The Federation shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the employee recipient that a request for wage deduction discharge may be filed with the Board in the event compliance is not is.not effected. 2. If the employee fails to remit the fee or fails to authorize the deduction for samecomply, the Association Federation may request the Board to make the deduction. When the employee objects to the appropriate amount of the representation service feefile charges in writing, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of with the Board, against any and all claimsshall request termination of the employee's employment. A copy of the notice of non-compliance and proof of service shall be attached to said charges. 3. The Board, only upon receipt of said charges and request for termination shall conduct a due process hearing on said charges, and to the extent that said employee is protected by the provisions of the Michigan Tenure of Teachers Act, all demandsproceedings shall be in accordance with said Act. In the event of compliance at any time prior to discharge charges may be withdrawn. The Federation, costsin the processing of charges, suits, or any other form of liability (including back agrees not to discriminate between various persons who may have refused to pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this ArticleProfessional Dues and/or Service Fee.

Appears in 1 contract

Samples: Master Agreement

Financial Responsibility. A. Any Bargaining Unit Member teacher who is not a member of the Association Union in good standing, standing or who does not make application for membership within thirty (30) days from the date of commencement of duties teaching duties, shall, as a condition of employment, pay as a service fee to the Association any Union, which shall be an amount established equal to the dues required to be paid by the Associationmembers of the Xxxxxxxx AuSable Federation of Teachers. Provided, however, that the Bargaining Unit Member The teacher may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. the preceding Article. In the event an employee that a teacher shall not pay such representation service fee directly to the Association Union or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Union, deduct terminate the representation service fee from the employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6employment of such teacher. The Association parties recognize that the failure of any teacher to comply with the provisions of this Article is just and reasonable cause for discharge from employment. B. The procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this Article shall be as follows: 1. The Union shall notify the employee teacher of non-compliance noncompliance by certified mail, return receipt requested. Said notice shall detail the non-compliance noncompliance and shall provide ten (10) days for compliance, and shall further advise the employee recipient that a request for wage deduction may discharge shall be filed with the Board in the event that compliance is not effected. 2. If the employee teacher fails to remit the fee or fails to authorize the deduction for samecomply, the Association may request Union shall file charges in writing with the Board and shall request termination of the teacher's employment. A copy of the notice of noncompliance and proof of service shall be attached to make the deductionsaid charges. 3. When the employee objects The Board, upon receipt of said charges and request for termination, shall conduct a due process hearing on said charges, and to the appropriate amount of extend that said teacher is protected by the representation service feeMichigan Teacher Tenure Act, all proceedings shall comply with said Act. In the event the teacher complies with the financial responsibility provisions herein at any time prior to discharge, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedureUnion may withdraw charges. C. The Association Board agrees to remit service fees which are payroll deductible not less frequently than monthly to the Union. D. The Union agrees to assume the legal defense of any suit or action brought against the Board regarding this Article. The Union further agrees to indemnify and save harmless the Board for any cost for damages which may be assessed against the Board as the result of Educationsaid suit or action, including each individual school board member and authorized agents subject, however, to the following conditions: 1. The damages have not resulted from the negligence, misfeasance or malfeasance of the Board or its agents. 2. The Union, after consultation with the Board, has the right to decide whether to defend any said action or whether or not to appeal the decision of any court of other tribunal regarding the validity of this section or the damages which may be assessed against the Board by such court or tribunal. 3. The Union has the right to select legal counsel to defend any such suit or action. 4. The Union shall have the right to compromise or settle any claim made against the Board under the provisions of this Article. This Article shall be effective retroactively to the date of this Agreement, and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Articlesums payable herein shall be determined from said date. A. Teacher Rights

Appears in 1 contract

Samples: Master Agreement

Financial Responsibility. A. The Board shall deduct from the pay of each employee from whom it receives authorization to do so the required amount for the payment of dues or service fees. Such dues, or fees, accompanied by a list of employees from whom they have been deducted from each, shall be forwarded to the LEAO no later than thirty (30) days after the deductions were made. B. The LEAO shall notify the Board thirty (30) days prior to any change in its dues or fees. C. Dues shall be deducted in ten (10) equal monthly installments from the second paycheck September through June. D. Any Bargaining Unit Member employee who is not a member of the Association LEAO in good standing, or who does not make application for membership within thirty (30) days from the date of commencement of duties shallduties, or ratification of this contract, as a condition of employment, pay as a service fee to the Association any LEAO an amount established equivalent to the dues uniformly required to be paid by members of the Association. ProvidedLEAO; provided, however, that the Bargaining Unit Member employee may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. IV. In the event that an employee shall not pay such representation service fee directly to the Association LEAO or authorize payment through payroll deduction, as provided in this Agreement, the Board Employer shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)LEAO, deduct terminate the representation service fee from the employment of such employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association parties expressly recognize that the failure of any employee to comply with the provisions of this Article is just and reasonable cause for discharge. E. This procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this Article shall be as follows: 1. The LEAO shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the employee that a request for wage deduction discharge may be filed with the Board Employer in the event compliance is not effected. 2. If the employee fails to comply, the LEAO may file charges, in writing, with the Board and shall request termination of the employee's employment. 3. The Board, upon receipt of said charges and request for termination, shall immediately notify said employee that his or her services shall be discontinued at the end of ten (10) days. In the event of compliance, at any time prior to discharge, charges shall be withdrawn. F. All bargaining unit members who are currently members of the Association or are currently paying a service fee, and all new bargaining unit members shall (1) on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association or (2) pay a Service Fee to the Association, pursuant to the Association’s “Policy Regarding Objections to Political-Ideological Expenditure” and the Administrative Procedures adopted pursuant to that policy. The Service Fee shall not exceed the maximum permitted under the law. The bargaining unit member may authorize payroll deduction for such fee. In the event that the bargaining unit member shall not pay such Service Fee directly to the Association, nor authorize payment through payroll deduction, the Employer shall, pursuant to MCLA 408.477; MSA 17.277(7) and at the request of the Association, deduct the Service Fee from the bargaining unit member’s wages and remit the fee or fails same to authorize the deduction for sameAssociation. G. Pursuant to Chicago Teachers Union x. Xxxxxx, 000 X Xx 0000 (1986), the Association may request has established a “Policy Regarding Objections to Political-Ideological Expenditures.” That Policy, and the Board to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of (including the Associationtimetable for payment) pursuant thereto, applies only to non-union bargaining unit members. The remedies of such procedures set forth in that Policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereofthere, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting employee bargaining unit member concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. The Association shall provide to all non- members copies of the Association’s Policy and Procedures. C. H. The Association agrees to indemnify and save harmless the Board of EducationDistrict, including each individual school board member members and authorized agents of the Boardtheir agents, harmless against any and all fees, awards, claims, all demands, costs, suits, judgments or any other form forms of liability (including back pay and all court or administrative agency costs), that which may arise out of or by reasons of, reason of action taken or not taken by the Board of Education for the purpose of District or its agents in complying with the Article. If at any time this Articlesave harmless is declared unenforceable or void, the Agency Shop provision of this agreement shall be declared nugatory.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Financial Responsibility. Each bargaining unit member shall, as a condition of employment: A. Any Bargaining Unit Member who is not a member of the Association in good standing, On or who does not make application for membership within about thirty (30) days from the date of commencement of duties shallor the effective date of this Agreement, as a condition of employmentwhichever is later, pay as join the Association, or B. Pay a service fee to the Association any amount established by Association, pursuant to the Association's "Policy Regarding Objections to Political‐Ideological Expenditures" and the Administrative Procedures adopted pursuant to that policy. Provided, however, that The service fee shall not exceed the Bargaining Unit Member amount of Association dues collected from Association members. The bargaining unit member may authorize payroll deduction deductions for such service fee in the same manner as provided in Article 6. B. fee. In the event an employee that the bargaining unit member shall not pay such representation service fee directly to the Association or authorize payment through payroll deduction, the Board Employer shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7), and at the request of the Association, deduct the representation service fee from the employee’s bargaining unit member's wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made in equal amounts, as provided in Article 6nearly as may be, from the pay checks of each bargaining unit member. The Association in all cases of mandatory fee deduction pursuant Monies so deducted shall be remitted to MCAL 408.477; MSA 17.277(7) shall notify the employee of non-compliance by certified mailAssociation, return receipt requested. Said notice shall detail the non-compliance and shall provide ten or its designee, no later than twenty (1020) days for compliancefollowing deduction. Pursuant to Chicago Teachers Union v Xxxxxx, and shall further advise the employee that a request for wage deduction may be filed with the Board in the event compliance is not effected. If the employee fails to remit the fee or fails to authorize the deduction for same106 S CT 1066 (1986), the Association may request has established a "Policy Regarding Objections to Political‐Ideological Expenditures." That Policy, and the Board Administrative Procedures (including the timetable for payment) pursuant thereto, applies only to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Associationnon‐union bargaining unit members. The remedies of such procedures set forth in that Policy shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereofthere, shall have been availed of and exhausted, no dispute, claim or complaint by an objecting employee bargaining unit member concerning the application and interpretation of this Article article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. The Association agrees . Due to indemnify and save harmless certain requirements established in recent court decisions, the Board of Education, including each individual school board member and authorized agents parties acknowledge that the amount of the Boardfee charges to non‐members along with other required information may not be available and transmitted to non‐members until mid school year (December, against any and all claims, all demands, costs, suitsJanuary, or any other form February). Consequently, the parties agree that the procedures in this article relating to the payment or non‐payment of liability (including back pay and all court or administrative agency costs), that may arise out of or the representation fee by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Article.non‐members shall be activated thirty

Appears in 1 contract

Samples: Master Agreement

Financial Responsibility. A. Any Bargaining Unit Member who is not a member of Agency Fee 1. Each employee covered by the negotiated Agreement between the Board and the Association in good standing, or who does not make application for membership within thirty (30) days from the commencement of duties shall, as a condition of employment, employment on or before thirty-one (31) days from the date of commencement of duties join the Association or pay as a service fee to the Association equivalent to the amount of dues uniformly required of the members of the Michigan Education Association, less any amount established amounts not permitted by the Association. Providedlaw; provided, however, that the Bargaining Unit Member employee may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. In the event fee. If an employee shall not pay such representation service fee directly to the Association or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Association, deduct the representation service fee from the employee’s wages 's salary and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as Association under the procedure provided in Article 6below. 2. The Association procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) non-payment of the service shall be as follows: a. The Association shall notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance non- compliance, and shall further provide ten (10) days for compliance, compliance and shall further advise the employee recipient that a request for wage deduction may be filed with the Board in the event if compliance is not effected. . b. If the employee fails to remit the service fee or fails to authorize the authorized deduction for same, the Association may request the Board make such deduction pursuant to make the opening paragraph above. c. The Board, upon receipt of request for involuntary deduction. When , shall provide the employee objects with an opportunity for a due process hearing limited to the appropriate amount question of whether or not the representation employee has remitted the service fee, the amount of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deductedthe Association or authorized payroll deduction for same. The Association has established a "Policy Regarding Objections to Political-Ideological Expenditures." That policy, must exhaust and the internal administrative procedures of (including the Associationtimetable for payment) pursuant thereto, applies only to non-Association employees. The remedies of such procedures set forth in that policy shall be exclusiveexclusive and, and unless and until such procedures, procedures (including any administrative or judicial review thereof), shall have been availed of and exhausted, no dispute, claim claim, or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. B. The Association agrees to indemnify and save harmless the school district, its administrators, and the Board of Education, including each individual school board member and authorized agents of the Board, harmless against any and all claims, all demands, costs, suits, or any other form forms of liability (liability, including back pay and all court or administrative agency costs), costs that may arise out of or by reasons of, reason of action taken or not taken by the Board employer, or in reliance upon signed authorization cards or lists furnished to the employer by the Association for the purpose of Education payroll deduction of dues, or for the purpose of complying with this ArticleAgreement, subject to the following conditions: 1. The Association, after consultation with the Board, has the right to decide whether to defend any such action or whether or not to appeal the decision of any court or other tribunal regarding the validity of this section or the defense which may be assessed against the Board by a court or tribunal; 2. The Association has the right to choose the legal counsel to defend any said suit or action. However, the Board shall be kept informed of the status of such litigation. 3. The Association shall have the right to compromise or settle any claim against the Board under this section. C. Due to certain requirements established in recent court decisions, the parties acknowledge that the amount of the fee charged to non-members along with other required information may not be available and transmitted to non-members until mid school year (December, January or February). Consequently, the parties agree that the procedures in this Article relating to the payment or non-payment of the representation fee by non-members shall be activated thirty (30) days following the Association's notification to non-members of the fee for that given school year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Financial Responsibility. A. Any Bargaining Unit Member employee who is not a member of the Association Union in good standing, standing or who does not make application for membership within thirty (30) days from the date of commencement of duties duties, shall, as a condition of employment, pay as a service fee to the Association any Union, which shall be an amount established equal to the dues required to be paid by the Associationmembers of the Xxxxxxxx AuSable Custodial and Secretarial Employees Federation affiliated with MFT, AFT, AFL-CIO. Provided, however, that the Bargaining Unit Member The employee may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. the preceding Article. In the event that an employee shall not pay such representation service fee directly to the Association Union or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Union, deduct terminate the representation service fee from the employment of such employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association parties recognize that the failure of any employee to comply with the provisions of this Article is just and reasonable cause for discharge from employment. B. The procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this Article shall be as follows: 1. The Union shall notify the employee of non-compliance noncompliance by certified mail, return receipt requested. Said notice shall detail the non-compliance noncompliance and shall provide ten (10) days for compliance, and shall further advise the employee recipient that a request for wage deduction may discharge shall be filed with the Board in the event that compliance is not effected. 2. If the employee fails to remit the fee or fails to authorize the deduction for samecomply, the Association may request Union shall file charges in writing with the Board and shall request termination of the employee's employment. A copy of the notice of noncompliance and proof of service shall be attached to make said charges. 3. The Board, upon receipt of said charges and request for termination, shall conduct a due process hearing on said charges. In the deduction. When event the employee objects complies with the financial responsibility provisions herein at any time prior to the appropriate amount of the representation service feedischarge, the amount of the deduction contested Union shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedurewithdraw charges. C. The Association Board agrees to remit service fees which are payroll deductible not less frequently than monthly to the Union. D. The Union agrees to assume the legal defense of any suit or action brought against the Board regarding this Article. The Union further agrees to indemnify and save harmless the Board for any cost for damages which may be assessed against the Board as the result of Educationsaid suit or action, including each individual school board member and authorized agents subject, however, to the following conditions: 1. The damages have not resulted from the negligence, misfeasance or malfeasance of the Board or its agents. 2. The Union, after consultation with the Board, has the right to decide whether to defend any said action or whether or not to appeal the decision of any court of other tribunal regarding the validity of this section or the damages which may be assessed against the Board by such court or tribunal. 3. The Union has the right to select legal counsel to defend any such suit or action. 4. The Union shall have the right to compromise or settle any claim made against the Board under the provisions of this Article. This Article shall be effective retroactively to the date of this Agreement, and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Articlesums payable herein shall be determined from said date.

Appears in 1 contract

Samples: Support Staff Contract

Financial Responsibility. A. Any Bargaining Unit Member bus driver who is not a member of the Association Union in good standing, standing or who does not make application for membership within thirty (30) days from the date of commencement of duties duties, shall, as a condition of employment, pay as a service fee to the Association any Union, which shall be an amount established equal to the dues required to be paid by the Associationmembers of the Xxxxxxxx AuSable Bus Driver Employees Federation affiliated with MFT, AFT, AFL-CIO. Provided, however, that the Bargaining Unit Member The employee may authorize payroll deduction for such service fee in the same manner as provided in Article 6. B. the preceding Article. In the event that an employee shall not pay such representation service fee directly to the Association Union or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Union, deduct terminate the representation service fee from the employment of such employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6. The Association parties recognize that the failure of any employee to comply with the provisions of this Article is just and reasonable cause for discharge from employment. B. The procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this Article shall be as follows: 1. The Union shall notify the employee of non-compliance noncompliance by certified mail, return receipt requested. Said notice shall detail the non-compliance noncompliance and shall provide ten (10) days for compliance, and shall further advise the employee recipient that a request for wage deduction may discharge shall be filed with the Board in the event that compliance is not effected. 2. If the employee fails to remit the fee or fails to authorize the deduction for samecomply, the Association may request Union shall file charges in writing with the Board and shall request termination of the employee's employment. A copy of the notice of noncompliance and proof of service shall be attached to make said charges. 3. The Board, upon receipt of said charges and request for termination, shall conduct a due process hearing on said charges. In the deduction. When event the employee objects complies with the financial responsibility provisions herein at any time prior to the appropriate amount of the representation service feedischarge, the amount of the deduction contested Union shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedurewithdraw charges. C. The Association Board agrees to remit service fees which are payroll deductible not less frequently than monthly to the Union. D. The Union agrees to assume the legal defense of any suit or action brought against the Board regarding this Article. The Union further agrees to indemnify and save harmless the Board for any cost for damages which may be assessed against the Board as the result of Educationsaid suit or action, including each individual school board member and authorized agents subject, however, to the following conditions: 1. The damages have not resulted from the negligence, misfeasance or malfeasance of the Board or its agents. 2. The Union, after consultation with the Board, has the right to decide whether to defend any said action or whether or not to appeal the decision of any court of other tribunal regarding the validity of this section or the damages which may be assessed against the Board by such court or tribunal. 3. The Union has the right to select legal counsel to defend any such suit or action. 4. The Union shall have the right to compromise or settle any claim made against the Board under the provisions of this Article. This Article shall be effective retroactively to the date of this Agreement, and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by the Board of Education for the purpose of complying with this Articlesums payable herein shall be determined from said date.

Appears in 1 contract

Samples: Support Staff Contract

Financial Responsibility. A. Any Bargaining Unit Member teacher who is not a member of the Association in good standing, standing or who does not make application for membership within thirty (30) days from the date of commencement of duties teaching duties, shall, as a condition of employment, pay as a service fee to the Association any an amount established equivalent to the dues uniformly required to be paid by members of the Bear Lake Education Association. Provided; provided, however, that the Bargaining Unit Member teacher may authorize payroll deduction for such service fee in the same manner as provided in Article 6.Article B. I. In the event an employee that a teacher shall not pay such representation service fee directly to the Association or authorize payment through payroll deduction, the as provided in Section I, ~he Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Association, deduct terminate the representation service fee from the employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6employment of such teacher. The Association parties expressly recognize that the failure of any teacher to comply with the provisions of this article is just and reasonable cause for discharge from employment . B. The procedure in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) discharge for violation of this article shall be as follows: 1. The Association shall notify the employee teacher of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance and shall provide ten (10) days for compliance, and shall further advise the employee recipient that a request for wage deduction discharge may be filed with the Board in the event compliance is not effectedaffected.‌ 2. If the employee teacher fails to remit the fee or fails to authorize the deduction for samecomply, the Association may file charges in writing, with the Board, and shall request termination of the teacher's employment. A copy of the notice of non-compliance and proof of service shall be attached to said charges. 3. The Board, only upon receipt of said charges and request for termination, shall conduct a due process hearing on said charges, and to the extent that said teacher is protected by the provisions of the Michigan Tenure of Teachers Act, all proceedings shall be in accordance with said act. In the event of compliance at any time prior to discharge, charges may be withdrawn. The Association, in the processing of charges, agrees not to discriminate between various persons who may have refused to pay the Professional Dues and/or Service Fee. • C. With respect to all sums deducted by the Board pursuant to make the deduction. When the employee objects to the appropriate amount authorization of the representation service feeemployee, whether for Professional Dues or Service Fee, the amount Board agrees promptly to disburse said sums upon direction of the deduction contested shall be placed in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedureAssociation . C. D. The Association agrees to indemnify and save harmless assume the legal defense of any suit of action brought against the Board regarding enforcement of Educationthis Article. In defending the enforcement of this section, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs), that may arise out of or by reasons of, action taken or not taken by Association agrees to indemnify the Board for any cost or damages which may be assessed against the Board as a result of Education for the purpose of complying with this Article.said suit or action.‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Financial Responsibility. A. Any Bargaining Unit Member who is not a member of the Association in good standing, or who does not make application for membership within thirty (30) days from the commencement of duties Section 1 Each employee shall, as a condition of employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, join the Association or pay as a service fee to the Association any Association, equivalent to the amount established by of dues uniformly required of members of the Association. Provided, howeverincluding local, that state, and national dues. Section 2 Any employee who is a member of the Bargaining Unit Member Association, has applied for membership, or who has elected to pay the service fee as specified above, may authorize sign and deliver to the Board an assignment authorizing payroll deduction for of such service fee amounts. Such authorization shall be continued from year to year unless revoked in the same manner as provided in Article 6writing between August 1 and August 31 of any year. B. Section 3 In the event an employee shall does not join the Association or pay such representation the service fee directly to the Association or authorize payment through payroll deduction, the Board shall, upon completion of the procedures contained herein at the request of the Association and pursuant to MCLA 408.477; MSA 17.277(7)Association, deduct terminate the representation service fee from the employee’s wages and remit same to the Association. Payroll deductions made pursuant to this provision shall be made as provided in Article 6employment of such Bargaining Unit Member forthwith. The parties expressly agree that the failure of any employee to comply with the provisions of this Article is just cause for discharge from employment. Section 4 The Association shall in all cases of mandatory fee deduction pursuant to MCAL 408.477; MSA 17.277(7) shall noncompliance with this Article notify the employee of non-compliance by certified mail, return receipt requested. Said notice shall detail the non-compliance noncompliance and shall provide for ten (10) days for compliance, and shall further advise the employee that a request for wage deduction discharge may be filed with the Board in the event compliance is not effected. If affected. Section 5 In the employee fails to remit the fee or fails to authorize the deduction for same, the Association may request event of any legal action against the Board to make the deduction. When the employee objects to the appropriate amount of the representation service fee, the amount of the deduction contested shall be placed brought in an escrow account as required by law until a determination of the appropriate amount of the fee to be deducted, must exhaust the internal administrative procedures of the Association. The remedies of such procedures shall be exclusive, and unless and until such procedures, including any administrative or judicial review thereof, shall have been exhausted, no dispute, claim or complaint by an objecting employee concerning the application and interpretation of this Article shall be subject to the grievance procedure set forth in this Agreement, or to any other administrative or judicial procedure. C. The Association agrees to indemnify and save harmless the Board of Education, including each individual school board member and authorized agents of the Board, against any and all claims, all demands, costs, suits, or any other form of liability (including back pay and all court or administrative agency costs)because of the Board's compliance with this Article, the Association agrees to defend such action, at its own expense and with its own counsel. The Association agrees that may arise out of or by reasons ofany action so defended, action taken or not taken by it will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of Education for a court or administrative agency as a direct result of the purpose of complying employer's compliance with this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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