Common use of Organizational Security Clause in Contracts

Organizational Security. 6.1 Under the organizational security provisions of this Article, and according to the provisions of Education Code 45060, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Organizational Security. 6.1 Under 3.1 The District will deduct the organizational security provisions of this Article, normal and according to the provisions of Education Code 45060, unit members may choose to join regular monthly Association membership dues as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of authorized in writing by the Association. 6.2 Unit members who elect membership status in 3.2 The Association shall be responsible for notifying the PETA/CTA/NEA: a. District of all new, modified or discontinued deductions associated with membership. All employee requests to cancel and/or modify deduction authorizations shall complete a PETA/CTA/NEA membership application containing a written authorization be directed to join as a member of the Association. b. 3.3 Association deduction notification shall be received no less than five (5) days prior to the Shasta County Office of Education payroll deadlines in order for the new deduction, modification or discontinuance to be reflected in the current month’s pay unified membership dues warrant. The District will not backdate deductions beyond the current month. Any deductions made in an amount determined error due to untimely communication will be handled directly by the governing bodies of the PETA/CTA/NEAAssociation. Such dues shall The employee will be payable pursuant referred to the terms Association and conditions any reimbursements will be done by the Association. The Association shall indemnify the District from any claims made by the employee for deductions made in reliance Association deduction notification. The District agrees to submit monthly, within thirty (30) days following the date of deduction, all Association membership fees deducted from unit members. The District agrees to submit an alphabetical list of employees for whom deductions have been made with the written authorization payment deductions withheld. 3.4 The District shall provide at the end of each month, a list of all new hires hired into a bargaining unit position. 3.5 The District shall provide a list of all bargaining unit members on or before the last working day of September, January and May. 3.6 The Association shall notify the District of any changes in its dues structure within thirty (30) days of notifying membership. 3.7 The Association fully indemnifies the District for dues deducted under this article. The Association shall hold the District harmless and shall provide prompt, full reimbursement to the District for any fees, costs, charges or penalties incurred in responding or defending against any claims, disputes or challenges which are brought against the District in connection with the administration or enforcement of any section in this article. The provision shall apply to payroll deductions made by the District based on notification from the Association regarding deductions of individual employees for payroll deductions. 6.3 3.8 The PETA/CTA/NEA has District will schedule four (4) orientation dates per month at the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, beginning of the amount of unified dues and shall provide the District fiscal year. Additional, dates may be scheduled with notification of any changes at a time sufficiently ten (10) days advance notice or mutual agreement if prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductionsten days. The Association shall provide have up to thirty (30) minutes of paid release time during their normal work hours for one (1) Association Representative, either the District Chapter President or designee, to conduct an orientation session with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of new hire. Said release time shall not be counted against the list of individuals providing written authorization for payroll deduction of dues as members of total release time contained elsewhere in the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizationscollective bargaining agreement. The Association shall not be required to submit to Labor Relations Representative may also attend the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to orientation session. During the Association. 6.10 On a monthly basis’s orientation time, the if requested, no District shall transmit to the Association a statement of deduction by manager or supervisor or non-unit employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the Districtpresent. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 6.1 Under A. The District agrees to deduct Association membership dues from the organizational security provisions pay of this Article, and according Association members. 1. The right of payroll deduction for payment of membership dues shall be accorded exclusively to the provisions of Education Code 45060, Association. Any unit members may choose to join as member who is a member of the PETA/CTA/NEA Association or who has applied for membership may sign and pay unified dues or may choose deliver to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll assignment authorizing deduction of dues as members of membership dues. Pursuant to authorization by the PETA/CTA/NEAemployee, the District shall deduct one- tenth (1/10) 1/10 of the amount of such unified Association dues from the regular salary payment check of the unit member employee each month month. Deductions for ten months. The District shall deduct a pro rata portion employees who sign such authorization after commencement of the annual dues for unit member authorizations executed after school year shall be appropriately prorated to complete the commencement payment by the end of the school year. 6.8 According 2. Association members, who currently leave authorization cards on file for the above purposes, need not be re-solicited. B. The parties agree that employees covered by this Agreement who, thirty (30) calendar days after the effective date of the Agreement, are members of the Association and each employee covered by this Agreement who becomes an Association member after that date shall maintain his/her membership in the Association until thirty (30) calendar days prior to Education Code 45060(f)the expiration of this Agreement. C. Any employee who, thirty (30) days after the effective date of this Agreement, is not a member of the Association, or who does not make application for membership within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or annually pay to the Association a fee in an amount equal to unified membership dues, initiation fees and general assessments, payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the employee may authorize payroll deduction for such fee in the same manner as provided in Section B of this Article. In the event that an employee shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section B, the Association certifies that it will maintain individual shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in Section B of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 1. Any employee authorizations. The Association who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to submit join or financially support the Association as a condition of employment; except that such employee shall pay, in lieu of a representation fee, sums equal to such representation fee to one of the following non-religious, non-labor organization, charitable funds exempt from taxation under section 501 (c)(3) of Title 26 of the Internal Revenue Code: a. Foundation to Assist California Teachers b. United Way c. Teachers Association of Paramount Memorial Scholarship Fund Such payment shall be made on or before the 60th day of each school year. 2. Proof of payment and a written statement of objection, along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, pursuant to Section 1 above, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of sections A, B and C above. Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment in lieu of the representation fee has been made. Such proof shall be presented on or before the 60th day of each school year. 3. Any employee making payments as set forth in sections 1 and 2, above, and who requests that the grievance or arbitration provisions of this Agreement be used in his or her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures. D. With respect to all sums deducted by the District pursuant to sections A, B and C, above, whether for membership dues or representation fee, the District agrees to remit such monies promptly to the Association accompanied by an alphabetical list of employees for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished. E. Association dues and fees, upon formal written request from the Association to the District, shall be increased or decreased without re-solicitation and authorization from employees. F. Notification for Association dues and fees deductions received by the District on or before the tenth of the month, shall be effective for the following month. G. The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. H. The Association and the District hereby agree as follows: 1. The Association agrees to pay to the District copies of a Unit Member’s written authorization, unless a dispute arises about all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action challenging the existence legality or terms constitutionality of the written authorizationrepresentation fee provisions of this Agreement or their implementation. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues2. The Association shall pay have the exclusive right to decide and determine whether any such reimbursements action or proceeding referred to in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deductionSection H.1 shall or shall not be compromised, resisted, defended, tried or appealed. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.A. Definitions

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 6.1 Under the organizational security provisions of this Article, and according to the provisions of Education Code 45060, 10.1 Any unit members may choose to join as member who is a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Burbank Teachers Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, or who has applied for membership, may sign and deliver to the District an assignment authorizing the deduction of unified membership dues, initiation fees, and general assessments. Pursuant to such authorization, the District shall deduct one- one-tenth (1/10) of the amount of such unified dues from the regular salary payment check of the unit member each month for ten (10) months. Deductions for bargaining unit members who sign such authorizations after the beginning of the school year shall be prorated in such a manner that the employee will pay membership dues only in proportion to the number of school months during the school year in which the employee is a member of the Association. Any fraction of a month of membership shall be counted as a full month. Unit members who currently have authorization cards on file for the above purpose need not be re-solicited. Such authorization shall continue in effect unless revoked in writing in accordance with the provisions of this Article. 10.1.1 The District shall not deduct a pro rata portion of the annual dues monies specifically earmarked for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f)ABC, the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorizationPAC, or other political activities unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptlysuch deduction is affirmatively, but no later than the 15th day of each pay periodseparately, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked specifically authorized in writing by the unit member. 10.1.2 A unit member who revokes authorization for the payroll deduction of dues, fees, and assessments consistent with the provisions of this Article shall comply with 10.1. 10.2 With respect to all deductions by the District pursuant to this Article, the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests agrees to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed promptly remit such monies to the Association rather than accompanied by an alphabetical list of unit members for whom such deductions have been made, and indicating any changes in personnel from the list previously furnished. There shall be no charge to the DistrictAssociation for such deductions. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 6.1 Under 4.1.1 The District and the organizational security provisions Association recognize the right of this Articleteachers to form, join, and according participate in lawful activities of employee organizations and the equal alternative right of teachers to the provisions of Education Code 45060refuse to form, unit members may choose to join as join, and participate in employee organization. 4.1.2 Any teacher, who is a member of the PETA/CTA/NEA and pay unified dues Association thirty (30) days after this Agreement becomes effective or who enrolls in membership during the term of this Agreement, shall maintain such membership for the term of this Agreement. A teacher may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the Districtrevoke such membership, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently within thirty (30) days prior to the effective date termination of this Agreement. 4.1.3 The right of payroll deduction for payment of organizational dues shall be accorded by the District exclusively to the Association and shall not be accorded any other organization whose members are part of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of bargaining unit represented by the Association. 6.6 The . Association shall annually notify members, who currently have authorization cards on file for the above purposes, need not be re-solicited. Association dues and fees, upon formal written request from the Association to the District, in writing within four weeks of shall be increased or decreased without re-solicitation and authorization from the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEAteachers. 6.7 Upon receipt of 4.1.4 Pursuant to authorization by the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEAteacher, the District shall deduct one- one-tenth (1/10) of the amount Association dues and fees from the regular salary check of the teacher each month. 4.1.5 With respect to all sums deducted by the District pursuant to authorization of the teacher for membership dues, the District agrees promptly to remit such monies to the Association, at an address designated by the Association, along with an alphabetical list of teachers for whom such deductions have been made. 4.1.6 Any teacher, who is a member of the BOTA/CTA/NEA, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees, and general assessments in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such unified dues from the regular salary payment check of the unit member teacher each month for ten (10) months. The District Such authorization shall deduct continue in effect from year to year unless revoked in writing. A teacher, who revokes his/her authorization for the payroll deduction of dues, fees and assessments, or the non-member service fee, shall transmit such amount to the Association in compliance with Sections 4.1.7 and 4.1.8 below. 4.1.7 Any teacher, who is not a pro rata portion member of the annual dues BOTA/CTA/NEA, or who does not make application for unit member authorizations executed after membership within thirty (30) days of the effective date of this Agreement, or within thirty (30) days from the date of a commencement of assigned duties within the school year. 6.8 According bargaining unit, shall become a member of the Association or pay to Education Code 45060(f)the Association a fee in an amount equal to unified membership dues, initiation fees, and general assessments, payable to the Association in one lump sum cash payment in the same manner as required for payment of membership dues; provided, however, that the teacher may authorize payroll deductions for such fee in the same manner as provided in Section 4.1.6 of this Article. In the event that a teacher shall not pay such fee directly to the Association, or authorize payment through payroll deductions as provided in Section 4.1.6, the Association certifies that it will maintain individual shall so inform the District, and the District shall immediately begin automatic payroll deductions as provided in Education Code Section 45061 and in the same manner as set forth in Section 4.1.6 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. 4.1.8 Any teacher, who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee authorizations. The Association organizations, shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence join or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETAfinancially support BOTA/CTA/NEA as a condition of employment; except that such teacher shall be directed pay, in lieu of a service fee, sums equal to such service fee to one of the Association rather than to following non-religious, non-labor organization charitable funds exempt from taxation under Section 501(c)(3) of Title 26 of the District.Internal Revenue Code: c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.1. Brea Education Foundation 2. Xxxxxx Xxxxxxx Memorial Fund

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 6.1 Under 7.1 Pursuant to the organizational security Government Code Section 3546(a), employees shall, as a condition of continued employment, be required to either join the Faculty Association or to pay a service fee. This provision shall be in effect only as long as the statutory requirement requiring a service fee remains in effect or until such time as a majority of bargaining unit members vote to rescind this agency fee arrangement pursuant to provisions set forth in Government Code Section 3546. The District will deduct dues or the service fee from Association members, and disperse such funds to the Association and any voluntary contributions to the Association’s PAC funds authorized in writing by the employee on the appropriate form located online and in the Appendix (Faculty Association Dues and/or A Service Fee), subject to the following conditions: 7.1.1 Dues and/or voluntary contributions deductions shall be made only upon the submission of the Faculty Association Dues and/or A Service Fee form signed by the employee. The District and the Association agree that bargaining unit employees who have been paying Association membership dues or the service fee prior to the ratification of this ArticleAgreement do not need to complete new forms to continue the same deductions. 7.1.2 The District shall not be obligated to put into effect any new, and according changed, or discontinued deduction until the pay period commencing fifteen (15) business days or more after such submission. 7.2 Newly hired employees of the bargaining unit will be provided the Faculty Association Dues and/or A Service Fee form during the new employee orientation provided by the office of human resources. The Association will be invited to attend a portion of the orientation to address new bargaining unit members. Until such time as the employee submits to the provisions of Education Code 45060District a completed Faculty Association Dues and/or A Service Fee form, unit members the District will process a deduction equal to the service fee. Employees may choose submit the Faculty Association Dues and/or A Service Fee form to join as Business Services if they decide to become a member of the PETA/CTA/NEA and pay unified dues Association or may choose elect to be a non-member of the Association. 6.2 Unit members who elect decline membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEAbased on religious grounds per article 7.4. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, A copy of all members of the Association that have completed forms will be provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District 7.3 The deductions for Association dues and service fees shall transmit to be in accordance with the Association a statement dues and service fee schedule. It is the responsibility of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than provide said schedule to the District. Any proceedings shall be governed by applicable State laws and are specifically excluded from Article 6, Grievance Procedure, of this Agreement. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 6.1 Under 15.1 The District and the organizational security provisions Association recognize the right of this Articleemployees to form, join, and according participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall exert pressure on or discriminate against any employee for exercising or not exercising the provisions of Education Code 45060membership, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues participation or may choose to be a organizational activities rights guaranteed herein or for membership or non-member of membership in the Association. 6.2 Unit 15.2 The District shall deduct from the pay of Association members who elect and pay to the Association the normal and regular monthly Association membership status dues as voluntarily authorized in writing by the PETA/CTA/NEAemployee on the District form subject to the following conditions: a. 15.2.1 Such deduction shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member be made only upon submission of the AssociationDistrict form to the District Payroll Department, duly completed and executed by the employee. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 15.2.2 The District shall not require be obligated to implement any new Association monthly dues deduction until the completion of pay period commencing not less than thirty (30) workdays after such submission. 15.2.3 The District shall, on a new payroll deduction authorization when a dues or other change has been effected or at any other time without monthly basis, draw its order upon the express approval funds of the Association. 6.6 The Association shall annually notify the District, District in writing within four weeks of the first day of school, of all members favor of the Association that have provided written authorizations for payroll deductions. The Association shall provide an amount equal to the District with updated membership lists monthly to ensure that dues are properly deducted from members total of the PETA/CTA/NEAdues deduction made during the month and shall furnish the Association a list of all employees affected, together with the amount deducted for each. 6.7 15.2.4 An employee may terminate Association membership or voluntary dues deduction authorization at any time, but will still be subject to the service fee provisions of 12.3. said deduction cancellation shall be effective on the pay period commencing thirty (30) workdays after written submission. 15.2.5 Upon receipt of the list of individuals providing appropriate written authorization for payroll deduction of dues as members of from the PETA/CTA/NEAemployee, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month any employee and make appropriate remittance for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f)credit Association, the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorizationsavings bonds, unless a dispute arises about the existence charitable donations, or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction any other plans or programs approved by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. 15.2.6 The Association is responsible for processing requests agrees to cancel indemnify and hold harmless the District, its members, and each member of the management against any and all costs, losses, or change authorizations for payroll deductions damages because of civil or unit members’ membership status in other action arising from the PETA/CTA/NEA. d. The District shall rely on information provided administration and implementation of these provisions. Any clerical errors will be corrected by the party making the error, with the provision that if any such dues are deducted from the pay of any employee and remitted to the Association, and the employee and the district shall not be liable for any refund. The Association regarding whether unified dues payroll deductions were properly canceled or changedagrees to furnish any information needed by the District to fulfill these provisions.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under 3.1 Any employee covered by this Agreement may sign and deliver to the organizational security District an assignment authorizing deduction of California School Employees Association (CSEA) membership dues. The employer shall deduct, in accordance with the CSEA dues schedule, dues from the wages of all employees who are members of CSEA. CSEA shall have the sole and exclusive right to receive the payroll deduction for regular membership dues. 3.2 The District shall not interfere with the terms of any agreement between CSEA and the District' s employee with regard to that employee' s membership in CSEA, including butnot limited to automatic renewal yearly unless the worker drops out during a specified window period. The District need not keep track of this period which shall be tracked byCSEA within its membership database. The District shall refer all employee requests to revoke membership to the CSEA Labor Relations and/or Chapter President and shall obtain their approval on behalf of the union before processing any revocation request. 3.3 With respect to all sums deducted by the District pursuant to this Article, the District agrees to promptly remit such monies to CSEA accompanied by an alphabetical list ofnames of the employees for whom such deductions have been made. CSEA agrees to furnish any information needed by the District to fulfill the provisions of this Article, and according to the provisions of Education Code 45060, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status 3.4 If an employee does not have sufficient funds to provide for the payment of dues after all other authorized or mandatory deductions or garnishments have been made, no such sumsshall be deducted and CSEA shall assume the duty of direct collection from the employee. CSEA shall assume the same responsibility in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Associationall cases where no deductions have been made because an employee's earnings are insufficient during any pay period topay such dues. b. (a) CSEA shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms defend and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by indemnify the District for employees in any claims arising from its compliance with this article for any claims made by the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide employee for deductions made inreliance on information provided by CSEA to the District with notification of any changes at a time sufficiently prior to the effective date of the cancel or change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a membership dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten monthsauthorization. The District shall deduct a pro rata portion promptly notify CSEA of the annual any claims made by employees relating to dues for unit member authorizations executed after the commencement of the school yearauthorization. 6.8 According (b) CSEA shall have the exclusive right to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association decide and determine whether any such actionor proceeding referred to in paragraph (a) shall or shall not be required to submit to the District copies of a Unit Member’s written authorizationcompromised, unless a dispute arises about the existence resisted, defended, tried or terms of the written authorizationappealed. 6.9 The District 3.6 If any provision of this Article is invalid under Federal or State law, said provision shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable be modified to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent comply with the terms and conditions requirements of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deductionsaid Federal or State law. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under ‌ It is the organizational security mutual intention of the parties that the provisions of this ArticleArticle protect the rights of CSEA members. 7.1 The District and Association recognizes the right of the employees to form, join and according participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join and participate in employee organization activities. 7.2 CSEA shall have the provisions of Education Code 45060, sole and exclusive right to receive the payroll deduction for regular membership dues. 7.3 Any unit members may choose to join as member who is a member of the PETA/CTA/NEA Association or who has applied for membership, may sign and pay unified dues or may choose deliver to be a non-member of the District, through the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete , a PETA/CTA/NEA membership application containing a written authorization to join as a member monthly payroll deduction assignment form authorizing deduction of the Association. b. shall pay unified Association membership dues in an the amount determined authorized by the governing bodies of the PETA/CTA/NEAunit member. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductionsdeduction must be received by the District before the tenth (10th) day of the current month in order to take effect during the current pay period. 6.3 7.4 With respect to all sums deducted by the District pursuant to authorization of the employee for membership dues, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of employees for whom such deductions have been made, and indicating any changes in personnel from the list previously furnished. 7.5 The PETA/CTA/NEA District shall not interfere with the terms of any agreement between CSEA and the District’s employee with regard to that employee’s membership in CSEA, including but not limited to automatic renewal yearly unless the worker drops out during a specified window period. The District need not keep track of this period which shall be tracked by CSEA within its membership database. The District shall refer all employee questions about CSEA or dues over to the CSEA Labor Relations Representative. CSEA shall defend and indemnify District for any claims arising from its compliance with this clause. 7.6 CSEA has the sole and exclusive rights right to have employee organization membership dues service fees deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEAemployer. 6.4 7.7 The Association employer shall notify the Districtdeduct, in writingaccordance with the CSEA dues schedule, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment wages of the unit member each month for ten monthsall employees who are members of CSEA. The District shall deduct a pro rata portion refer all employee requests to revoke membership to the CSEA Labor Relations Representative and shall obtain his/her approval on behalf of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizationsunion before processing any revocation request. The Association employer shall not be required obligated to submit put into effect any new or changed deductions until the pay period commencing thirty (30) days or more after such submission. There shall be no charge by the employer to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified CSEA for regular membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership duesdeductions. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.Membership Information Hold Harmless Provision

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under the organizational security provisions of this Article, and according to the provisions of Education Code 45060, 1. Any unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as is a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant , or who has applied for membership, may sign and deliver to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District Office an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll assignment authorizing deduction of unified membership dues in the Association. Such authorization shall remain continue in effect until expressly unless revoked in writing by the unit membermember to the Association. Pursuant to such authorization, the Office shall deduct one-tenth (1/10) of such dues from the regular ten month salary checks received by the employee for the contract year of ten months. Deductions for teachers signing such authorization after the beginning of the regular contract year shall be prorated. 2. With respect to all sums deducted by the Office pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms authorization of the unit member’s written authorization for payroll deductions. b. Unit member requests , the Office agrees promptly to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed remit such monies to the Association rather than accompanied by an alphabetical list of unit members for whom such deductions have been made and indicating any changes in personnel from the list previously furnished to the DistrictAssociation. c. 3. The Association is responsible for processing requests agrees to cancel or change authorizations for payroll deductions or unit members’ membership status in furnish any information needed by the PETA/CTA/NEAOffice to fulfill the provisions of this Article. d. The District 4. Upon appropriate written authorization from the unit member, the Office shall rely on information provided deduct from the salary of any unit member and make appropriate remittance for annuities, credit union, savings bonds, charitable donations, or any other plans or programs approved by the Association regarding whether unified dues payroll Office. 5. The Office shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) days or more after such submission. 6. The SDCAE agrees to indemnify and hold SDCOE harmless against any and all liabilities,(including reasonable and necessary costs of litigation), arising from any and all claims, demands, suits, or other actions relating to SDCOE’s compliance or attempted compliance with either this Article or the requests of SDCAE pursuant to this Article, or relating to the conduct of SDCAE in administering this Article. SDCAE shall have the right to determine and decide all matters relating to settlement and conduct of litigation with respect to this Article. In no case shall SDCOE funds be involved in any remedy relating in this Article. Any underpayments to SDCAE resulting from the SDCOE’s failure to make a required deduction shall be remedied by additional deductions were properly canceled from the affected employee(s). Any overpayments to SDCAE resulting from excessive deductions shall be remedied either by refund from SDCAE to the affected employee(s) or changedby a credit against future payments by the affected employee(s).

Appears in 1 contract

Samples: Negotiated Agreement

Organizational Security. 6.1 Under 5.1 Bargaining unit members shall, within thirty (30) days of the effective date of this Agreement or within thirty (30) days of their employment date, whichever is later, may join the Association by executing a payroll deduction authorization form for payment of dues. 5.1.1 Nothing contained herein shall prohibit a unit member from paying dues directly to the Association. 5.2 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. The District agrees to furnish any information needed by the Association to fulfill the provisions of this Article. 5.3 With respect to the sums deducted by the District pursuant to this Article for membership dues, the District agrees promptly to remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made. 5.4 The Association shall indemnify and hold the District harmless from any and all claims, demands or suits, or any other action arising from the organizational security provisions of this Articlecontained herein, including reasonable attorney fees and according costs. The Association as the indemnitor shall have the exclusive right to the provisions of Education Code 45060decide and determine which matters shall or shall not be compromised, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues resisted, defended, tried or may choose to be a non-member of the Associationappealed. 6.2 Unit members who elect membership status in 5.5 The Association, as the PETA/CTA/NEA: a. exclusive representative, shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has have the sole and exclusive rights right to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect by the District. The District will, upon appropriate authorization from any unit member consistent with direction from the Association, deduct and make appropriate remittance for such membership status in the PETA/CTA/NEAdues. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior 5.5.1 Pursuant to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEAsuch authorization, the District shall deduct one- one-tenth (1/10) of the amount of such unified dues from the regular monthly salary payment check of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues Deductions for unit member authorizations executed members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association Payroll deductions shall not be required to submit without cost to the District copies unit members of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis5.6 If, through inadvertence or error, the District fails to make the authorized deduction, or any part thereof, the District shall transmit assume no responsibility to correct such omission error retroactively. 5.7 It is expressly understood and agreed that the employee organization will refund to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim any union dues erroneously withheld from an employee's wages by the affected unit memberDistrict and paid to the employee organization. In the event the employee organization fails to refund the dues erroneously withheld within a reasonable period of time following notification, the Association shall reimburse District will make such refund and deduct the unit member for all sums the District may have deducted erroneously amount from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant due to the terms and conditions of the written authorizationemployee organization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under 17.1 The District and CSEA recognize the organizational security provisions right of this Article, and according to the provisions of Education Code 45060, unit members may choose to form, join as and participate in the lawful activities of unit member organizations and the equal alternative right of unit members to refuse to form, join and participate in unit member organizations. Neither the District nor the CSEA shall exert pressure on, or discourage or discriminate against a unit member of exercising the PETA/CTA/NEA and pay unified dues membership participation or may choose to be a non-member of the Associationorganizational activities rights guaranteed herein. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. 17.2 CSEA shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has have the sole and exclusive rights right to have employee organization membership dues deducted for unit members. 17.3 In the information provided by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District new hires there will be included an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted introductory letter from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten monthsCSEA. The District shall deduct a pro rata portion of the annual dues for refer all unit member authorizations executed after questions about CSEA membership or dues to the commencement of the school yearCSEA Labor Relations Representative. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 17.4 The District shall remit promptly, but deduct dues from the wages of CSEA members in accordance with the CSEA dues schedule. There shall be no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable charge to the AssociationCSEA for dues deductions. 6.10 On a monthly basis, 17.4.1 Dues deductions shall occur within the District shall transmit to the Association a statement first pay period or within thirty (30) days of deduction by employee which identifies all funds remitted pursuant to section 6.9notification from CSEA staff. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. 17.5 The District shall honor the terms of the refer all unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the DistrictCSEA Labor Relations Representative. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. 17.5.1 The District shall rely on information provided by CSEA staff regarding the Association cancellation of membership. CSEA staff shall confirm all membership dues cancellations in writing with the District’s Payroll Department. Payroll adjustments shall occur within the following pay period or within thirty (30) days of notification from CSEA. 17.6 The District shall promptly notify the CSEA Labor Relations Representative within ten (10) business days of any California Public Records Act request regarding whether unified dues payroll deductions were properly canceled union membership. 17.7 CSEA shall defend, indemnify and hold harmless the District from any and all claims, costs, demands, suits or changedany other action arising from the implementation of the provisions of this Article. 17.7.1 The District shall promptly notify the CSEA Labor Relations Representative of any and all claims, costs, demands, suits or any other action arising from the implementation of the provisions of this Article. 17.7.2 The parties each agree to cooperate with each other and to promptly furnish any information needed by the other party to respond to any and all claims, costs, demands, suits or any other action arising from the implementation of the provisions of this Article. 17.8 The District agrees that CSEA’s officials, including the CSEA Labor Relations Representative and other representatives, shall have the right to contact bargaining unit members at District work sites during any non - duty hours of unit members regarding CSEA business at times other than during the respective unit mem bers’ working hours; i.e., on scheduled breaks or lunch time, or before or after their work hours. Authorized CSEA representatives shall notify the administrative office of each District work site of their presence on the site. The intent is to allow CSEA reasonable access to unit members without unduly disrupting District operations. 17.9 On one non-student prep day per year all newly hired classified unit employees will have their schedule modified to include a new hire orientation at the District office with the CSEA Chapter 135 President, CSEA assigned Labor Relations Representative, and two (2) District representatives. The Chapter President will be released with pay for the purposes of this meeting which will last one-half hour. The designation of which non- student prep days, meeting logistics and employee notice will be administered together with the Chapter President and the District appropriate administrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under the organizational security provisions of this Article, and according to the provisions of Education Code 45060, 1. Any unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as is a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant , or who has applied for membership, may sign and deliver to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District Office an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll assignment authorizing deduction of unified membership dues in the Association. Such authorization shall remain continue in effect until expressly unless revoked in writing by the unit membermember to the Association. Pursuant to such authorization, the Office shall deduct one-tenth (1/10) of such dues from the regular ten-month salary checks received by the employee for the contract year of ten months. Deductions for teachers signing such authorization after the beginning of the regular contract year shall be prorated. 2. With respect to all sums deducted by the Office pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms authorization of the unit member’s written authorization for payroll deductions. b. Unit member requests , the Office agrees promptly to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed remit such monies to the Association rather than accompanied by an alphabetical list of unit members for whom such deductions have been made and indicating any changes in personnel from the list previously furnished to the DistrictAssociation. c. 3. The Association is responsible for processing requests agrees to cancel or change authorizations for payroll deductions or unit members’ membership status in furnish any information needed by the PETA/CTA/NEAOffice to fulfill the provisions of this Article. d. The District 4. Upon appropriate written authorization from the unit member, the Office shall rely on information provided deduct from the salary of any unit member and make appropriate remittance for annuities, credit union, savings bonds, charitable donations, or any other plans or programs approved by the Association regarding whether unified dues payroll Office. 5. The Office shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen (15) days or more after such submission. 6. The SDCAE agrees to indemnify and hold SDCOE harmless against any and all liabilities,(including reasonable and necessary costs of litigation), arising from any and all claims, demands, suits, or other actions relating to SDCOE’s compliance or attempted compliance with either this Article or the requests of SDCAE pursuant to this Article, or relating to the conduct of SDCAE in administering this Article. SDCAE shall have the right to determine and decide all matters relating to settlement and conduct of litigation with respect to this Article. In no case shall SDCOE funds be involved in any remedy relating in this Article. Any underpayments to SDCAE resulting from the SDCOE’s failure to make a required deduction shall be remedied by additional deductions were properly canceled from the affected employee(s). Any overpayments to SDCAE resulting from excessive deductions shall be remedied either by refund from SDCAE to the affected employee(s) or changedby a credit against future payments by the affected employee(s).

Appears in 1 contract

Samples: Negotiated Agreement

Organizational Security. 6.1 Under It is the organizational security mutual intention of the parties that the provisions of this ArticleArticle protect the rights of CSEA members. 7.1 The District and Association recognizes the right of the employees to form, join and according participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join and participate in employee organization activities. 7.2 CSEA shall have the provisions of Education Code 45060, sole and exclusive right to receive the payroll deduction for regular membership dues. 7.3 Any unit members may choose to join as member who is a member of the PETA/CTA/NEA Association or who has applied for membership, may sign and pay unified dues or may choose deliver to be a non-member of the District, through the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete , a PETA/CTA/NEA membership application containing a written authorization to join as a member monthly payroll deduction assignment form authorizing deduction of the Association. b. shall pay unified Association membership dues in an the amount determined authorized by the governing bodies of the PETA/CTA/NEAunit member. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductionsdeduction must be received by the District before the tenth (10th) day of the current month in order to take effect during the current pay period. 6.3 7.4 With respect to all sums deducted by the District pursuant to authorization of the employee for membership dues, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of employees for whom such deductions 7.5 The PETA/CTA/NEA District shall not interfere with the terms of any agreement between CSEA and the District’s employee with regard to that employee’s membership in CSEA, including but not limited to automatic renewal yearly unless the worker drops out during a specified window period. The District need not keep track of this period which shall be tracked by CSEA within its membership database. The District shall refer all employee questions about CSEA or dues over to the CSEA Labor Relations Representative. CSEA shall defend and indemnify District for any claims arising from its compliance with this clause. 7.6 CSEA has the sole and exclusive rights right to have employee organization membership dues service fees deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEAemployer. 6.4 7.7 The Association employer shall notify the Districtdeduct, in writingaccordance with the CSEA dues schedule, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment wages of the unit member each month for ten monthsall employees who are members of CSEA. The District shall deduct a pro rata portion refer all employee requests to revoke membership to the CSEA Labor Relations Representative and shall obtain his/her approval on behalf of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizationsunion before processing any revocation request. The Association employer shall not be required obligated to submit put into effect any new or changed deductions until the pay period commencing thirty (30) days or more after such submission. There shall be no charge by the employer to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified CSEA for regular membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership duesdeductions. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.Membership Information Hold Harmless Provision

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Organizational Security. 6.1 Under A. The District agrees to deduct Association membership dues from the organizational security provisions pay of this Article, and according Association members. 1. The right of payroll deduction for payment of membership dues shall be accorded exclusively to the provisions of Education Code 45060, Association. Any unit members may choose to join as member who is a member of the PETA/CTA/NEA Association or who has applied for membership may sign and pay unified dues or may choose deliver to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll assignment authorizing deduction of dues as members of membership dues. Pursuant to authorization by the PETA/CTA/NEAemployee, the District shall deduct one- tenth (1/10) 1/10 of the amount of such unified Association dues from the regular salary payment check of the unit member employee each month month. Deductions for ten months. The District shall deduct a pro rata portion employees who sign such authorization after commencement of the annual dues for unit member authorizations executed after school year shall be appropriately prorated to complete the commencement payment by the end of the school year. 6.8 According 2. Association members, who currently leave authorization cards on file for the above purposes, need not be re-solicited. B. The parties agree that employees covered by this Agreement who, thirty (30) calendar days after the effective date of the Agreement, are members of the Association and each employee covered by this Agreement who becomes an Association member after that date shall maintain his/her membership in the Association until thirty (30) calendar days prior to Education Code 45060(f)the expiration of this Agreement. C. Any employee who, thirty (30) days after the effective date of this Agreement, is not a member of the Association, or who does not make application for membership within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or annually pay to the Association a fee in an amount equal to unified membership dues, initiation fees and general assessments, payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the employee may authorize payroll deduction for such fee in the same manner as provided in Section B of this Article. In the event that an employee shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section B, the Association certifies that it will maintain individual shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in Section B of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 1. Any employee authorizations. The Association who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to submit join or financially support the Association as a condition of employment; except that such employee shall pay, in lieu of a representation fee, sums equal to such representation fee to one of the following non-religious, non-labor organization, charitable funds exempt from taxation under section 501 (c)(3) of Title 26 of the Internal Revenue Code: a. Foundation to Assist California Teachers b. United Way c. Teachers Association of Paramount Memorial Scholarship Fund Such payment shall be made on or before the 60th day of each school year. 2. Proof of payment and a written statement of objection, along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, pursuant to Section 1 above, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of sections A, B and C above. Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment in lieu of the representation fee has been made. Such proof shall be presented on or before the 60th day of each school year. 3. Any employee making payments as set forth in sections 1 and 2, above, and who requests that the grievance or arbitration provisions of this Agreement be used in his or her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures. D. With respect to all sums deducted by the District pursuant to sections A, B and C, above, whether for membership dues or representation fee, the District agrees to remit such monies promptly to the Association accompanied by an alphabetical list of employees for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished. E. Association dues and fees, upon formal written request from the Association to the District, shall be increased or decreased without re-solicitation and authorization from employees. F. Notification for Association dues and fees deductions received by the District on or before the tenth of the month, shall be effective for the following month. G. The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. H. The Association and the District hereby agree as follows: 1. The Association agrees to pay to the District copies of a Unit Member’s written authorization, unless a dispute arises about all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action challenging the existence legality or terms constitutionality of the written authorizationrepresentation fee provisions of this Agreement or their implementation. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues2. The Association shall pay have the exclusive right to decide and determine whether any such reimbursements action or proceeding referred to in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deductionSection H.1 shall or shall not be compromised, resisted, defended, tried or appealed. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under ‌ 7.1 Pursuant to Government Code Section 3544.9, the organizational security provisions Faculty Association shall represent each and every employee as provided for in Article 2.1 of this agreement. Employees identified in Article 2.1 of this agreement shall be allowed to join the Faculty Association anytime during their employment by affirmatively consenting to payroll deduction for dues on the appropriate form in the Appendix (Faculty Association Authorization of Payroll Deduction/Revocation) The District will deduct dues from Association members, and according disperse suchfunds to the provisions of Education Code 45060, unit members may choose Association and any voluntary contributions to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status ’s Political Action Committee fund as authorized in writing by the employee on the appropriate form located in the PETAAppendix (Faculty Association Authorization for Payroll Deduction/CTA/NEARevocation), subject to the following conditions: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 7.1.1 The District shall not require accept any authorizations for deductions of dues and/or voluntary contributions or revocations directly from the completion employee. All employee authorizations for deductions of a new payroll deduction authorization when a dues and/or voluntary contributions or other change has been effected revocations forms shall only be distributed and collected by the Faculty Association President or at any other time without the express approval Vice President or designee. 7.1.2 Dues and/or voluntary contributions deductions shall begin within 30 days of the Association. 6.6 The District receiving notification from the Faculty Association shall annually notify President or Vice President or designee after receiving the District, in writing within four weeks submission of the first day of school, of all members of Faculty Association Authorization for Payroll Deduction/Revocation form signed by the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten monthsemployee. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), and the Association certifies agree that it will maintain individual employee authorizations. The bargaining unit employees who have been paying Association shall not be required to submit membership dues prior to the District copies ratification of a Unit Member’s written authorization, unless a dispute arises about this Agreement do not need to complete new forms to continue the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll same deductions. b. Unit member 7.1.3 All employee requests and/or inquires made pertaining to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA dues and/or voluntary deductions or revocations shall be directed to the Faculty Association rather than President or Vice President or designee. 7.2 Newly hired employees of the bargaining unit will be provided the Faculty Association Authorization for Payroll Deduction/Revocation form by the Faculty Association President or Vice President or designee during the District’s new employee orientation provided by the office of humanresources. The Association will be invited to attend a portion of the orientation to address newbargaining unit members. 7.3 The deductions for Association dues shall be in accordance with the Association dues schedule. It is the responsibility of the Association to provide said schedule to the District. Any proceedings shall be governed by applicable State laws and are specifically excluded from Article 6, Grievance Procedure, of this Agreement. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under 1. Any member of the organizational security unit who is a member of the Association or who has applied for membership may sign and deliver to the Board an assignment authorizing deduction of membership dues, initiation fees, and general assessments in the Association. Such authorization shall continue in effect from year to year unless revoked in writing by June 1, of any year. Pursuant to such authorization, the Board shall deduct such dues from the regular salary warrant of the member of the unit each month. 2. Any member of the unit who is not a member of the Association or who does not make an application for membership within thirty (30) days from the date of commencement of duties, shall become a member of the Association or pay to the Association a fee in an amount equal to the annual dues payable to the Association; provided, however, that the member of the unit may authorize payroll deduction for such fee in the same manner as provided in Paragraph 1 of this section. Any member of the unit who fails to authorize a payroll deduction, or who fails to pay the required fee to the Association, shall be terminated from employment upon written request by the Association. 3. Notwithstanding any provisions of this Article, and according to the provisions of Education Code 45060, unit members may choose to join as a any member of the PETA/CTA/NEA unit whose personal, philosophical, or religious convictions forbid joining or supporting the CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, and its Albany Chapter 679, shall as a condition of continued employment, pay unified dues the amount set forth above to any national or state-wide charitable organization as may choose to be a non-agreed upon by the member of the Association. 6.2 Unit members who elect membership status in unit, the PETA/CTA/NEA: a. CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION and the ALBANY UNIFIED SCHOOL DISTRICT. A copy of the receipt for such donation shall complete be submitted to the Association and kept on file. This donation shall be made on a PETA/CTA/NEA membership application containing a written authorization year to join year basis, and shall be considered to be paid under the same terms and conditions as if the said member of the unit was a member of the Association. b. shall . In the event said member does not pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant such sum to the terms and conditions of charitable organization, the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has Board shall, at the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval request of the Association, terminate the employment of said member of the unit in accordance with law. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions4. The Association shall provide indemnify, defend and hold the District, its officers and/or employees harmless from any claim made of any nature and against any lawsuit arising from the District's actions pursuant to its obligations contained in this section. In the event the District with updated membership lists monthly is called to ensure that dues are properly deducted from members terminate the employment of a unit member, indemnification shall include the fees paid to the attorney of the PETA/CTA/NEADistrict’s choice. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of such unified dues from the salary payment of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations5. The Association shall not be required agrees to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim furnish any information needed by the affected unit member, Board to fulfill the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess provisions of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deductionthis section. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Csea Agreement

Organizational Security. 6.1 Under 5.1 Bargaining unit members shall, within thirty (30) days of the effective date of this Agreement or within thirty (30) days of their employment date, whichever is later, join the Association by executing a payroll deduction authorization form for payment of dues. 5.1.1 Nothing contained herein shall prohibit a unit member from paying dues directly to the Association. 5.1.2 If a unit member directly to the Association, the District shall, upon notification from the Association and notice to the unit member by the Association, deduct from the wages of said unit member, and pay to the Association, all dues owed to the Association. 5.2 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. The District agrees to furnish any information needed by the Association to fulfill the provisions of this Article. 5.3 With respect to the sums deducted by the District pursuant to this Article, for membership dues, the District agrees promptly to remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made. 5.4 The Association shall indemnify and hold the District harmless from any and all claims, demands or suits, or any other action arising from the organizational security provisions of this Articlecontained herein, including reasonable attorney fees and according costs. The Association as the indemnitor shall have the exclusive right to the provisions of Education Code 45060decide and determine which matters shall or shall not be compromised, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues resisted, defended, tried or may choose to be a non-member of the Associationappealed. 6.2 Unit members who elect membership status in 5.5 The Association, as the PETA/CTA/NEA: a. exclusive representative, shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has have the sole and exclusive rights right to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect by the District. The District will, upon appropriate authorization from any unit member consistent with direction from the Association, deduct and make appropriate remittance for such membership status in the PETA/CTA/NEAdues. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior 5.5.1 Pursuant to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEAsuch authorization, the District shall deduct one- one-tenth (1/10) of the amount of such unified dues from the regular monthly salary payment check of the unit member each month for ten months. The District shall deduct a pro rata portion of the annual dues Deductions for unit member authorizations executed members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizations. The Association Payroll deductions shall not be required to submit without cost to the District copies unit members of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis5.6 If, through inadvertence or error, the District fails to make the authorized deduction, or any part thereof, the District shall transmit assume no responsibility to correct such omission error retroactively. 5.7 It is expressly understood and agreed that the employee organization will refund to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim any union dues erroneously withheld from an employee's wages by the affected unit memberDistrict and paid to the employee organization. In the event the employee organization fails to refund the dues erroneously withheld within a reasonable period of time following notification, the Association shall reimburse District will make such refund and deduct the unit member for all sums the District may have deducted erroneously amount from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant due to the terms and conditions of the written authorizationemployee organization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under the organizational security provisions of this Article, and according to the provisions of Education Code 45060, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a 1. Upon written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of from any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEAemployee, the District shall deduct one- tenth (1/10) the appropriate amount from the salary of the amount employee and make appropriate remittances for annuities, credit union, saving bonds, charitable donations, or any other plans or programs for which such deductions are authorized by the Board of Education. 2. Any unit member who is a member of the Union or who has applied for membership may sign and deliver to the District and assignment authorizing deduction of unified membership dues, initiation fees and central assessments in the Union. Pursuant to such unified authorization, the District shall deduct the regular monthly dues from the regular salary payment check of the unit member each month for ten monthsmember. The District shall deduct a pro rata portion of the annual dues Deductions for unit member authorizations executed members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. 6.8 According 3. Any unit member who is not a member of the Union or who does not make application for membership within thirty (30) days of the effective date of this section, or within thirty (30) days from the date of assigned duties within the bargaining unit, shall become a member of the Union or shall pay to Education Code 45060(f)the Union fee equal to unified membership dues, initiation fees and general assessments, in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in sections 20.1 and 20.2 of this article. In the event that a unit member shall not pay such fee directly to the Union, or authorized payment through payroll deduction as provided in sections 20.1 and 20.2 of this article, the Association certifies that it will maintain individual employee authorizations. The Association Union shall not be required to submit to so inform the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, and the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for immediately begin automatic payroll deduction of membership dues. The Association shall pay such reimbursements a provided in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms Education Code section 45168 and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status same manner as set forth in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.sections 20.1 and

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under the organizational security provisions of this Article, and according to the provisions of Education Code 45060, A. Any unit members may choose to join as member who is a member of the PETAMerced Union High School District Teachers’ Association/CTACalifornia Teachers’ Association/NEA National Education Association, or who has applied for membership, may sign and pay unified dues or may choose deliver to be a non-member the District an assignment form authorizing deduction of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees general assessments in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior Association. Pursuant to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEAsuch authorization, the District shall deduct one- one-tenth (1/10) of the amount of such unified dues from the regular salary payment check of the unit member each month for ten (10) months. The District shall deduct a pro rata portion of the annual dues Deductions for unit member authorizations executed members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year.. Any unit member who is a member of the Association shall remain a member for the term of the Agreement subject to the provisions of Section C. 6.8 According B. Any unit member who is not a member of the MUHSDTA/CTA/NEA or who does not make application for membership within thirty (30) days from the date of commencement of assigned duties within the bargaining unit shall become a member of the Association or pay to Education Code 45060(f)the Association a fee in an amount equal to unified membership dues and general assessments. Payments to the Association shall be made in one (1) lump-sum cash payment in the same manner as required for the payment of membership dues, unless, however, the unit member authorizes payroll deduction for such fee in the same manner as provided in Paragraph 1 of this Article. In the event that a unit member does not pay such fee directly to the Association or does not authorize payment through payroll deduction as provided in Paragraph 1, the Association certifies that it will maintain individual shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth in Paragraph 1 of this Article. There shall be no charge to the Association for such mandatory agency fee deductions. C. 1. Any unit member hired prior to Xxxxx, 0000, who in good conscience chooses not to become a member of the Association or whose traditional tenets or teachings include objections to joining or financially supporting employee authorizations. The Association organizations shall not be required to submit to the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence join or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETAfinancially support MUHSDTA/CTA/NEA as a condition of employment except, that such unit member shall be directed pay, in lieu of a service fee, sums equal to such service fee to one of the Association rather than to following nonreligious, non-labor organization, charitable funds exempt from taxation under Section 501 (c) (3) or Title 26 of the DistrictInternal Revenue Code: a. United Way or one of its member organizations. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEAb. American Cancer Society. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under The District shall deduct, in accordance with the organizational security provisions CSEA dues schedule, dues from the wages of this Article, and according to all employees who are members of CSEA based on the provisions of Education Code 45060, unit members may choose to join as a member of the PETA/CTA/NEA and pay unified dues or may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined information provided by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable CSEA pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has Article 2. CSEA shall have the sole and exclusive rights right to have employee organization receive the payroll deduction for regular membership dues deducted by dues. CSEA shall submit to the District for in writing the full name of employees in who have either newly authorized dues deductions or revoked their dues deduction authorization. When providing the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify above information, CSEA will provide it to the District, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently prior to the effective date of the change to allow the District an opportunity to make the necessary adjustments. 6.5 ’s Human Resources Department. The District shall not require be obligated to put into effect any new or changed deductions/revocations until the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of the Association. 6.6 The Association shall annually notify the District, in writing within four weeks of the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEA. 6.7 Upon receipt of the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEA, the District shall deduct one- tenth (1/10) of the amount of following month’s pay period after such unified dues from the salary payment of the unit member each month for ten monthssubmission. The District shall deduct a pro rata portion of initially refer any employee requests to revoke membership to the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f), the Association certifies that it will maintain individual employee authorizationsCSEA Labor Relations Representative. The Association CSEA shall not be required to submit to the District copies a copy of a Unit Memberthe unit member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than . In the 15th day of each pay period, the amount of the unified membership dues deducted made payable to the Association. 6.10 On event a monthly basisdispute arises, the District may request that the written authorization be provided to it. With respect to all sums deducted by the District pursuant to this Article, the District agrees to promptly remit such monies to CSEA accompanied by an alphabetical list of names of the employees for whom such deductions have been made. XXXX agrees to furnish any information needed by the District to fulfill the provisions of this Article. If an employee does not have sufficient funds due to them to provide for the payment of dues after all other authorized or mandatory deductions or garnishments have been made, no such sums shall transmit be deducted and CSEA shall assume the duty of direct collection from the employee. CSEA 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. a) CSEA shall defend and indemnify the District for any claims arising from its compliance with this Article for any claims made by the employee for deductions made in reliance on information provided by CSEA to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership in the PETA/CTA/NEA shall be directed to the Association rather than to the District. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. dues authorization. The District shall rely on information provided promptly notify CSEA of any claims made by employees relating to dues authorization. b) CSEA shall have the Association regarding exclusive right to decide and determine whether unified dues payroll deductions were properly canceled any such action or changedproceeding referred to in paragraph (a) shall or shall not be compromised, resisted, defended, tried or appealed. If any provision of this Article is invalid under Federal or State law, said provision shall be modified to comply with the requirements of said Federal or State law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Organizational Security. 6.1 Under 4.1.1 The District and the organizational security provisions Association recognize the right of this Articleteachers to form, join, and according participate in lawful activities of employee organizations and the equal alternative right of teachers to the provisions of Education Code 45060refuse to form, unit members may choose to join as join, and participate in employee organization. 4.1.2 Any teacher, who is a member of the PETA/CTA/NEA and pay unified dues Association thirty (30) days after this Agreement becomes effective or who enrolls in membership during the term of this Agreement, shall maintain such membership for the term of this Agreement. A teacher may choose to be a non-member of the Association. 6.2 Unit members who elect membership status in the PETA/CTA/NEA: a. shall complete a PETA/CTA/NEA membership application containing a written authorization to join as a member of the Association. b. shall pay unified membership dues in an amount determined by the governing bodies of the PETA/CTA/NEA. Such dues shall be payable pursuant to the terms and conditions of the written authorization for payroll deductions. 6.3 The PETA/CTA/NEA has the sole and exclusive rights to have employee organization membership dues deducted by the District for employees in the bargaining unit who elect membership status in the PETA/CTA/NEA. 6.4 The Association shall notify the Districtrevoke such membership, in writing, of the amount of unified dues and shall provide the District with notification of any changes at a time sufficiently within thirty (30) days prior to the effective date termination of this Agreement. 4.1.3 The right of payroll deduction for payment of organizational dues shall be accorded by the District exclusively to the Association and shall not be accorded any other organization whose members are part of the change to allow the District an opportunity to make the necessary adjustments. 6.5 The District shall not require the completion of a new payroll deduction authorization when a dues or other change has been effected or at any other time without the express approval of bargaining unit represented by the Association. 6.6 The . Association shall annually notify members, who currently have authorization cards on file for the above purposes, need not be re-solicited. Association dues and fees, upon formal written request from the Association to the District, in writing within four weeks of shall be increased or decreased without re-solicitation and authorization from the first day of school, of all members of the Association that have provided written authorizations for payroll deductions. The Association shall provide the District with updated membership lists monthly to ensure that dues are properly deducted from members of the PETA/CTA/NEAteachers. 6.7 Upon receipt of 4.1.4 Pursuant to authorization by the list of individuals providing written authorization for payroll deduction of dues as members of the PETA/CTA/NEAteacher, the District shall deduct one- one-tenth (1/10) of the amount Association dues and fees from the regular salary check of the teacher each month. 4.1.5 With respect to all sums deducted by the District pursuant to authorization of the teacher for membership dues, the District agrees promptly to remit such monies to the Association, at an address designated by the Association, along with an alphabetical list of teachers for whom such deductions have been made. 4.1.6 Any teacher, who is a member of the BOTA/CTA/NEA, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees, and general assessments in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such unified dues from the regular salary payment check of the unit member teacher each month for ten (10) months. Such authorization shall continue in effect from year to year unless revoked in writing. 4.1.7 With respect to all sums deducted by the District pursuant to Sections 4.1.1 and 4.1.2 above, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of teachers for whom such deductions have been made, and indicating any changes in personnel from the list previously furnished. There shall be no charge to the Association for such deductions. 4.1.8 The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article. Brea Olinda Unified Collective Bargaining Agreement with the Brea Olinda Teachers Association. The Association agrees that it will indemnify and hold harmless the District from attorney's fees, costs, charges, awards and damages arising out of any matter commenced against the District due to compliance by the District with its obligations under this Article. The District shall deduct a pro rata portion agrees that in consideration of the annual dues for unit member authorizations executed after the commencement of the school year. 6.8 According to Education Code 45060(f)Association's obligation hereunder, the District will notify the Association, in writing, of any matter within thirty (30) days of service thereof upon the District. The District and the Association certifies that it will maintain individual employee authorizationsshall both fully cooperate with each other on any matter commenced against the District. The Association may, at its discretion, determine whether to defend, settle in whole or in part, or appeal the matter. In the event the Association makes a determination to settle or not to appeal, its liability under this section shall not be required limited to submit costs, fees, charges, awards, judgments, and/or settlements to that date. If the District copies of a Unit Member’s written authorization, unless a dispute arises about the existence or terms of the written authorization. 6.9 The District shall remit promptly, but no later than the 15th day of each pay period, the amount of the unified membership dues deducted made payable continues to the Association. 6.10 On a monthly basis, the District shall transmit to the Association a statement of deduction by employee which identifies all funds remitted pursuant to section 6.9. 6.11 Upon a written notice of claim by the affected unit member, the Association shall reimburse the unit member for all sums the District may have deducted erroneously from the unit member’s salary pay warrant in excess of the amount payable for unified dues consistent with the terms and conditions of the unit member’s written authorization for payroll deduction of membership dues. The Association shall pay such reimbursements in a timely manner after receiving from the District all payroll information necessary to verify the erroneous deduction. 6.12 The written authorization for payroll deduction of unified membership dues shall remain in effect until expressly revoked in writing by the unit member, pursuant to the terms and conditions of the written authorization. a. The District shall honor the terms of the unit member’s written authorization for payroll deductions. b. Unit member requests to cancel or change authorizations for payroll deductions for membership participate in the PETA/CTA/NEA matter, it shall be directed to the Association rather than to the Districtat its own expense for further monetary obligation. c. The Association is responsible for processing requests to cancel or change authorizations for payroll deductions or unit members’ membership status in the PETA/CTA/NEA. d. The District shall rely on information provided by the Association regarding whether unified dues payroll deductions were properly canceled or changed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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