Common use of MEMBERSHIP DUES AND AUTHORIZED DEDUCTIONS Clause in Contracts

MEMBERSHIP DUES AND AUTHORIZED DEDUCTIONS. ‌ A. The Association shall be entitled to have membership dues and other lawful deductions of its members deducted from their paychecks in accordance with the procedures required by law and set forth herein To the extent required by Government Code Sections 1157.3 and 1157.12, the City shall honor employees’ voluntary authorizations for Association dues deductions from employee paychecks. Such authorized deductions shall be remitted monthly to Association along with an adequate itemized record of deductions. The City shall make every reasonable effort to remit the amounts deducted within ten (10) working days following the payday on which the deductions were made. B. In making such authorized membership dues deductions, the City shall rely on written certification from the Association confirming that the Association has and will maintain authorizations signed by each individual employee from whose paychecks the deduction is to be made that the individual affirmatively consents to the dues deduction in a manner that meets the requirements of state and federal law, including but not limited to applicable provisions of Government Code Sections 1150-1157.12 and the First Amendment of the United States Constitution. After providing the required certification, the Association shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization. To the extent required by law, the City will rely on information provided by the Association in writing regarding whether dues deductions were properly cancelled or changed. Any requests from the Association that the City change dues deductions shall include a certification that the changes are requested with the affirmative consent of the individual employee(s) and otherwise comply with all requirements of state and federal law. C. The amount of membership dues shall be set by the Association. All changes in dues deductions shall become effective the first of the month following written notification to the City Finance Director.

Appears in 4 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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MEMBERSHIP DUES AND AUTHORIZED DEDUCTIONS. A. The Association shall be entitled to have membership dues and other lawful deductions of its members deducted from their paychecks in accordance with the procedures required by law and set forth herein herein. To the extent required by Government Code Sections 1157.3 and 1157.12, the City shall honor employees’ voluntary authorizations for Association dues deductions from employee paychecks. paychecks Such authorized deductions shall be remitted monthly to Association along with an adequate itemized record of deductions. The City shall make every reasonable effort to remit the amounts deducted within ten (10) working days following the payday on which the deductions were made. B. In making such authorized membership dues deductions, the City shall rely on written certification from the Association confirming that the Association has and will maintain authorizations signed by each individual employee from whose paychecks the deduction is to be made that the individual affirmatively consents to the dues deduction in a manner that meets the requirements of state and federal law, including but not limited to applicable provisions of Government Code Sections 1150-1157.12 and the First Amendment of the United States Constitution. After providing the required certification, the Association shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization. To the extent required by law, the City will rely on information provided by the Association in writing regarding whether dues deductions were properly cancelled or changed. Any requests from the Association that the City change dues deductions shall include a certification that the changes are requested with the affirmative consent of the individual employee(s) and otherwise comply with all requirements of state and federal law. C. The amount of membership dues shall be set by the Association. . All changes in dues deductions shall become effective the first of the month following written notification to the City Finance Director. D. The City agrees to direct all employees to the Association with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction. The City agrees to send requests to cancel or change dues deductions to the Association E. The City agrees to provide to Association on a monthly basis a payroll dues deduction report. F. The employee's earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of the dues check-off authorized. When an employee, in good standing in the Association, is in a non-pay status, for the full pay period when his/her dues would normally be withheld, no dues deduction will be made to cover that withholding from the current or future earnings; nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non-pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Association dues. G. The Association shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under this Article, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Association’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Association, provided that the City promptly notify the Association of any such matter for which it is seeking indemnification after the City has knowledge of the occurrence of such matter. In the event any such action or proceeding is brought against the City by reason of any such claim, the Association, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Association’s actions or inactions under this Article.

Appears in 2 contracts

Samples: Memorandum of Understanding, Master Memorandum of Understanding

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MEMBERSHIP DUES AND AUTHORIZED DEDUCTIONS. A. The Association shall be entitled to have membership dues and other lawful deductions of its members deducted from their paychecks in accordance with the procedures required by law and set forth herein herein. To the extent required by Government Code Sections 1157.3 and 1157.12, the City shall honor employees’ voluntary authorizations for Association dues deductions from employee paychecks. Such authorized deductions shall be remitted monthly to Association along with an adequate itemized record of deductions. The City shall make every reasonable effort to remit the amounts deducted within ten (10) working days following the payday on which the deductions were made. B. In making such authorized membership dues deductions, the City shall rely on written certification from the Association confirming that the Association has and will maintain authorizations signed by each individual employee from whose paychecks the deduction is to be made that the individual affirmatively consents to the dues deduction in a manner that meets the requirements of state and federal law, including but not limited to applicable provisions of Government Code Sections 1150-1157.12 and the First Amendment of the United States Constitution. After providing the required certification, the Association shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization. To the extent required by law, the City will rely on information provided by the Association in writing regarding whether dues deductions were properly cancelled or changed. Any requests from the Association that the City change dues deductions shall include a certification that the changes are requested with the affirmative consent of the individual employee(s) and otherwise comply with all requirements of state and federal law. C. The amount of membership dues shall be set by the Association. All changes in dues deductions shall become effective the first of the month following written notification to the City Finance DirectorChief Financial Officer. D. The City agrees to direct all employees to the Association with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction. The City agrees to send requests to cancel or change dues deductions to the Association. E. The City agrees to provide to Association on a monthly basis a payroll dues deduction report. F. The employee's earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of the dues check-off authorized. When an employee, in good standing in the Association, is in a non-pay status, for the full pay period when his/her dues would normally be withheld, no dues deduction will be made to cover that withholding from the current or future earnings; nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non-pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Association dues. G. The Association shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under this Article, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Association’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Association, provided that the City promptly notify the Association of any such matter for which it is seeking indemnification after the City has knowledge of the occurrence of such matter. H. In the event any such action or proceeding is brought against the City by reason of any such claim, the Association, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Association’s actions or inactions under this Article.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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