Common use of MEMBERSHIP, FEES AND PAYROLL DEDUCTIONS Clause in Contracts

MEMBERSHIP, FEES AND PAYROLL DEDUCTIONS. A. All employees shall, as a condition of continued employment with the Board: 1. Maintain membership in the Congress, or 2. Pay a service fee equal in amount to the cost of collective bargaining, contract administration and grievance adjustments. Said amount shall be verified and submitted in writing to the Business Office of the Board. B. Any employee now employed by the Board or hereinafter employed by the Board who shall be, or become an employee , shall, within sixty (60) days from the date of execution of the Agreement, or within sixty (60) days after the date of the indemnity hereinafter mentioned is received and approved by the Board, or within sixty (60) days of his/her employment, whichever event is later in point of time, make application to the Congress for membership, or pay a service fee as provided for in provision A(2) of this Article. C. Any employee may sign and deliver to the Board an assignment authorizing the deduction of said membership dues or service fees. All such assignments shall remain in effect from year to year unless employment by the Board is discontinued or until revoked in writing between August 1 and September 14 of any subsequent year. D. Upon presentation of the assignment to the Business Office of the Board, deductions shall be made for dues or service fees in ten (10) equal installments beginning in September and continuing through June, except that: 1. Deductions for employees employed after September 15 of any school year shall be based on the employment date. If such employee begins work on or before the 15th of the month, the employee will have that month’s dues deducted. Such employees beginning after the 15th of the month shall be exempt from that month’s deduction. 2. Any dues or fees erroneously deducted by the Board and transmitted to the Congress shall be refunded to the Board. 3. If an employee after all other authorized or mandatory deductions or garnishments, shall not have sufficient funds due him/her to provide for the payment of said dues or service fees, no sums shall be deducted, and the Congress shall assume the duty of direct collection from the employee. The Congress shall assume the same responsibility in all cases where no deductions have been made because an employee’s earnings are insufficient during any pay period to pay such dues or service fees. E. If an employee fails to pay the membership dues or service fees, the Board shall, as of the end of the month in which said failure occurs, deduct the specified service fees from the employee’s salary and remit the same to the Congress. The parties expressly recognize that the failure of any employee to comply with the provisions of this Article shall, upon notice from the Congress, constitute reasonable and just cause for payroll deduction of service fees. 1. The procedure in all cases of payroll deduction of service fees for violation of this Article shall be as follows: a. The Congress shall notify the employee of noncompliance by certified mail, return receipt requested. Said notice shall detail the noncompliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for payroll deduction of service fees will be filed with the Board if compliance is not effected. b. If the employee fails to comply, the Congress shall file charges in writing with the Board, and shall request payroll deduction of service fees. Payroll deduction of service fees shall be in one lump sum. A copy of the notice of noncompliance and proof of service thereof shall be attached to said notice. F. This Article shall not become operative until the Congress executes and delivers to the Board an agreement under which the Congress agrees to save the Board harmless from and indemnify the Board against any and all claims, demands, losses, costs and expenses of whatsoever kind and nature (including reasonable attorneys' fees) arising out of or incurred directly or indirectly because of the application, implementation, and enforcement of this Article, and the defense of actions taken against the Board before any court or administrative agency. G. Should payroll deduction of service fees as provided in Section E be found contrary to law by an administrative tribunal or court of competent jurisdiction, Section E from the 1978-80 Master Contract shall be deemed in effect and the parties shall meet to discuss its implementation. H. The Board of Education shall furnish the Congress with the name and address of any newly hired employee whose position is included in the bargaining unit within two (2) weeks from the date of employment. The Congress, upon request, shall from time to time promptly deliver to the Board an alphabetical list of all members of the Congress in good standing. The Human Resources/Labor Relations Office shall provide each newly hired employee a copy of the Master Contract. I. The Congress shall furnish the Board a directive as to the proper allocation of the dues and service fees. With respect to all sums deducted by the Board, whether for membership dues or service fees, the Board agrees, within fifteen (15) days after the end of the month in which deductions are made, to remit said deductions to the Congress accompanied by the alphabetical list of employees for whom such deductions have been made.

MEMBERSHIP, FEES AND PAYROLL DEDUCTIONS. A. All employees shallteachers, as a condition of continued employment with the Boardshall either: 1. Maintain membership in All present employees (covered by this Agreement) who are currently paying dues, agency shop fees and/or assessments to the CongressAssociation (including the N.E.A. and the M.E.A.) shall, oras a condition of employment with the District, continue to pay such dues, agency shop fees and/or assessments for the duration of the agreement. 2. Pay a service fee equal in amount to the cost of collective bargaining, contract administration and grievance adjustments. Said amount shall be verified and submitted in writing to the Business Office of the Board. B. Any employee now employed All new employees (covered by the Board or hereinafter employed by the Board who shall be, or become an employee , shall, within sixty (60this Agreement) days from the date of execution of the Agreement, or within sixty (60) days hired after the date of the indemnity hereinafter mentioned is received execution hereof shall, as a condition of employment, pay the regular dues, agency shop fees and/or assessments (including the N.E.A. and approved by the M.E.A.) of the Association for duration of this Agreement. B. The Association shall indemnify the Board and hold it harmless against any loss or claims for damages resulting from the payment to the Association of any sums deducted under this Article and, in the event any actions or claims are commenced against the Board, or within sixty (60) days of his/her employment, whichever event is later in point of time, make application to the Congress for membership, or pay a service fee as provided for in provision A(2) of recover from it any sums deducted under this Article, the Association shall intervene and defend itself against such action or claim. The Association shall hold the Board harmless from payment of unemployment benefits resulting from dismissal due to unpaid Association dues by any member. C. Any employee may sign and deliver to the Board an assignment authorizing the deduction of said membership dues or service fees. All such assignments shall remain in effect from year to year unless employment by the Board is discontinued or until revoked in writing between August 1 and September 14 of any subsequent year. D. Upon presentation of the assignment to the Business Office of the Board, deductions shall be made for dues or service fees in ten (10) equal installments beginning in September and continuing through June, except that: 1. Deductions for employees employed after September 15 of any school year shall be based on the employment date. If such employee begins work on or before the 15th of the month, the employee will have that month’s dues deducted. Such employees beginning after the 15th of the month shall be exempt from that month’s deduction. 2. Any dues or fees erroneously deducted by the Board and transmitted to the Congress shall be refunded to the Board. 3. If When an employee after all other authorized or mandatory deductions or garnishments, shall does not have sufficient funds money due him/her to provide for the payment of said dues or service fees, no sums shall be deducted, and the Congress shall assume the duty of direct collection from the employee. The Congress shall assume the same responsibility in all cases where no after deductions have been made because for Social Security, Insurance, Garnishments, etc., or any deductions authorized by the employee or required by law, Association dues for that month will be collected by the Association directly from the employee. D. If an employee who is absent on account of illness, leave of absence, or any other reason, has no earnings due him for that period, no deductions shall be made. The Association will arrange collection of dues for that period directly with the employee’s earnings are insufficient during any pay period to pay such dues or service fees. E. If an employee fails to pay the membership All deductions of Association dues or service fees, the Board shall, as of the end of the month provided for in which said failure occurs, deduct the specified service fees from the employee’s salary and remit the same to the Congress. The parties expressly recognize that the failure of any employee to comply with the provisions of this Article shall, upon notice from the Congress, constitute reasonable and just cause for payroll deduction of service fees. 1. The procedure in all cases of payroll deduction of service fees for violation of this Article shall be as follows: a. The Congress shall notify automatically terminated in the employee event of noncompliance loss of exclusive recognition by certified mail, return receipt requested. Said notice shall detail the noncompliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for payroll deduction of service fees will be filed with the Board if compliance is not effected. b. If the employee fails to comply, the Congress shall file charges in writing with the Board, and shall request payroll deduction of service fees. Payroll deduction of service fees shall be in one lump sum. A copy of the notice of noncompliance and proof of service thereof shall be attached to said noticeAssociation. F. Payroll deductions for the approved organizations (M.E.A., N.E.A., B.V.E.A.) may also be made from salaries of other certificated employees who so request. G. This Article shall not become operative until the Congress executes and delivers be subject to the Board an agreement under which the Congress agrees to save the Board harmless from and indemnify the Board against any and all claims, demands, losses, costs and expenses of whatsoever kind and nature (including reasonable attorneys' fees) arising out of or incurred directly or indirectly because provisions of the applicationTenure Act. In the event that this Article should be challenged through the Tenure Commission, implementationthe Michigan Labor Mediation Board, and enforcement or the Courts, the Association will pay the reasonable expensed of this Articlesuch proceedings, and including the defense fees of actions taken against the Board before any court or administrative agency. G. Should payroll deduction of service fees as provided in Section E be found contrary to law by an administrative tribunal or court of competent jurisdiction, Section E from the 1978-80 Master Contract shall be deemed in effect and the parties shall meet to discuss its implementation. H. The Board of Education shall furnish the Congress with the name and address of any newly hired employee whose position is included in the bargaining unit within two (2) weeks from the date of employment. The Congress, upon request, shall from time to time promptly deliver to the Board an alphabetical list of all members of the Congress in good standing. The Human Resources/Labor Relations Office shall provide each newly hired employee a copy of the Master Contract. I. The Congress shall furnish the Board a directive as to the proper allocation of the dues and service fees. With respect to all sums deducted legal counsel retained by the Board, whether for membership dues or service fees. If this Article shall be found to violate law, the Board agreesAssociation shall be responsible for any loss or damage including back pay, within fifteen (15) days after the end of the month in which deductions are made, to remit said deductions to the Congress accompanied awarded by the alphabetical list of employees for whom such deductions have been madeCourts.

MEMBERSHIP, FEES AND PAYROLL DEDUCTIONS. A. All employees teachers shall, as a condition of continued employment with by the Board: 1. Maintain membership in the CongressUTF, or 2. Pay a service representation fee equal in amount equivalent to the cost amount of collective bargainingdues uniformly required of members of the UTF (which dues shall include the dues of the MEA and NEA), contract administration and grievance adjustmentsless any amounts not permitted by law. Said amount shall be verified and submitted The UTF will certify at least annually, or in writing to the instance of adult education teachers, as often as required by the Business Office but not more often than monthly, to the Board the amount of said dues and the amount of the representation fees to be deducted by the Board, and that said representation fees include only those amounts permitted by law. B. Any employee teacher now employed by the Board or hereinafter who is not a member of the UTF and any teacher hereafter employed by the Board who shall be, or become an employee , shall, within sixty thirty (6030) days from the date of execution of the this Agreement, or within sixty thirty (6030) days from the date of employment, or within thirty (30) days after the date of the indemnity hereinafter mentioned is received and approved by the Board, or within sixty (60) days of his/her employment, whichever event date is later in point of time, shall make application to for membership in the Congress for membership, UTF (which shall include membership in the MEA and NEA) or pay a service representation fee as provided for in provision A(2) equivalent to the amount of this Articledues uniformly required of members of the UTF (which dues shall include the dues of the MEA and the NEA), less any amounts not permitted by law, if membership is not desired. The Board also agrees to deduct MFT/AFT dues when requested by the member. C. Any employee teacher may sign and deliver to the Board UTF an assignment authorizing the deduction of said membership dues or service feesrepresentation fee, as the case may be. All such assignments shall remain in effect from year to year unless employment by the Board is discontinued or until revoked in writing between August 1 and September 14 August 31 of any subsequent year. (See Appendix V, Leaves of Absence, No. D. Upon presentation of the assignment by the UTF to the Business Office business office of the Board, deductions deduction shall be made for dues dues, representation fees, or service fees voluntary contributions in ten twenty (1020) equal installments beginning in September and continuing through June, June except that:, 1. Deductions for employees teachers employed after September 15 the opening of any school year shall be based on the employment date. If such employee begins work on or before the 15th of the month, the employee will have that month’s dues deducted. Such employees beginning after the 15th of the month shall be exempt from that month’s deduction. 2. Any dues or fees erroneously deducted by the Board and transmitted computed according to the Congress shall be refunded to the Board. 3. If an employee after all other authorized or mandatory deductions or garnishments, shall not have sufficient funds due him/her to provide for the payment of said dues or service fees, no sums shall be deducted, and the Congress shall assume the duty of direct collection from the employee. The Congress shall assume the same responsibility in all cases where no deductions have been made because an employee’s earnings are insufficient during any pay period to pay such dues or service fees. E. If an employee fails to pay the membership dues or service fees, the Board shall, as of the end of the month in which said failure occurs, deduct the specified service fees from the employee’s salary and remit the same to the Congress. The parties expressly recognize that the failure of any employee to comply with the provisions of this Article shall, upon notice from the Congress, constitute reasonable and just cause for payroll deduction of service fees. 1. The procedure in all cases of payroll deduction of service fees for violation of this Article shall be as follows: a. The Congress shall notify the employee of noncompliance following formula: Total fee divided by certified mail, return receipt requested. Said notice shall detail the noncompliance and shall provide ten (10) days for compliance, and shall further advise the recipient that a request for payroll deduction of service fees will be filed with the Board if compliance is not effected. b. If the employee fails to comply, the Congress shall file charges in writing with the Board, and shall request payroll deduction of service fees. Payroll deduction of service fees shall be in one lump sum. A copy of the notice of noncompliance and proof of service thereof shall be attached to said notice. F. This Article shall not become operative until the Congress executes and delivers to the Board an agreement under which the Congress agrees to save the Board harmless from and indemnify the Board against any and all claims, demands, losses, costs and expenses of whatsoever kind and nature (including reasonable attorneys' fees) arising out of or incurred directly or indirectly because of the application, implementation, and enforcement of this Article, and the defense of actions taken against the Board before any court or administrative agency. G. Should payroll deduction of service fees as provided in Section E be found contrary to law by an administrative tribunal or court of competent jurisdiction, Section E from the 1978-80 Master Contract shall be deemed in effect and the parties shall meet to discuss its implementation. H. The Board of Education shall furnish the Congress with the name and address of any newly hired employee whose position is included in the bargaining unit within two (2) weeks from the date of employment. The Congress, upon request, shall from time to time promptly deliver to the Board an alphabetical list of all members of the Congress in good standing. The Human Resources/Labor Relations Office shall provide each newly hired employee a copy of the Master Contract. I. The Congress shall furnish the Board a directive as to the proper allocation of the dues and service fees. With respect to all sums deducted by the Board, whether for membership dues or service fees, the Board agrees, within fifteen (15) days after the end of the month in which deductions are made, to remit said deductions to the Congress accompanied by the alphabetical list of employees for whom such deductions have been made.twenty