Common use of Organizational Security Clause in Contracts

Organizational Security. 5.1 This Article protects the rights of individual employees without restricting CSEA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 Except as expressly provided herein, all employees in the bargaining unit who do maintain membership in good standing in CSEA are required, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed the periodic dues of CSEA, for the duration of this agreement. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). 5.3.1 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or within thirty (30) days from the date of commencement of assigned duties within bargaining unit, shall become a member of the Association or pay to the Association a representation fee in an amount equal to that amount permitted by law, 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 unit member may authorize payroll deduction for such fee. 5.3.2 In the event that the unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 and in the same manner as set forth in this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service 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. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 5.1 8.1 This Article protects the rights of individual employees without restricting CSEACTA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 8.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in CSEA CTA are required, as a condition of employment, to pay service fees to CSEA CTA, in amounts that do not exceed the periodic dues of CSEACTA, for the duration of this agreement. 5.3 All members and Fair Share payers 8.3 No employee shall have their be obligated to pay dues deducted from their or service fees to CTA until the first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with of the CSEA agreement in a timely manner)month following 30 calendar days after the employee first comes into the bargaining unit. 5.3.1 8.3.1 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or 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 the Association a representation fee in an amount equal to that amount permitted by law, 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 unit member may authorize payroll deduction for such feefee in the same manner as provided in Section 8.9.4 of this Article. 5.3.2 8.3.2 In the event that the a unit member does shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 8.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 45061 and in the same manner as set forth in Section 8.9.1 of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 8.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, that the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service 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. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.and

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 5.1 This Article protects the rights of individual employees without restricting CSEA's right to require every bargaining 8.1 Any unit employee, except those exempt from these provisions, to pay member who is a fair share member of the cost OTA/CTA/NEA or who has applied for membership may sign and deliver to the District an assignment authorizing deduction of collective bargaining activitiesunified membership dues, initiation fees and general assessments in the Association. Pursuant to such authorization the District shall deduct one-twelfth (1/12) of such dues from the regular salary check of the unit member each month for twelve (12) months. Deductions for unit members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete the payments by the end of the school year. 5.2 Except as expressly provided herein, all employees in the bargaining unit who do maintain membership in good standing in CSEA are required, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed the periodic dues of CSEA, for the duration of this agreement. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). 5.3.1 8.2 Any unit member who is not a member of the Association or OTA/CTA/NEA and who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article Agreement, or 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 the Association a representation fee in an amount equal to that amount permitted by lawunified membership dues, initiation fees and general assessments. These dues are 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 unit member members may authorize payroll deduction deductions for such fee. 5.3.2 fees in the same manner as provided in section 8.1 of this Article. In the event that the a unit member does shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 abovesection 8.1, the Association may, in writing, request that shall so inform the Employer District and the District shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 section 45061 and in the same manner as set forth in section 8.1 of this Article. There shall be no charge to the Association for such mandatory representation agency fee deductions. 5.3.3 If the 8.3 Any unit member and desiring to be exempt from joining the Association are unable to reach agreement on or paying the manner representative fee because of payment, religious beliefs or reasons of conscience shall file a claim of exemption with the Association shall notify within fifteen (15) days following the Employer, in writing, commencement of the member’s working assignment. Such unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA as a condition of employment. However, such employee shall be requiredpay, in lieu of a service fee required by this agreementrepresentative fee, to pay sums the sum equal to such service the representative fee to one of the following non-religious, non-labor organizationorganizations, charitable funds exempt from taxation under Section 501 (c) (3section 501(c)(3) of Title 26 of the Internal Revenue Code: a. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees 8.3.1 Foundation to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty Assist California Teachers (30) days of the commencement of duties.FACT)

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 5.1 8.1 This Article protects the rights of individual employees without restricting CSEACTA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 8.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in CSEA CTA are required, as a condition of employment, to pay service fees to CSEA CTA, in amounts that do not exceed the periodic dues of CSEACTA, for the duration of this agreement. 5.3 All members and Fair Share payers 8.3 No employee shall have their be obligated to pay dues deducted from their or service fees to CTA until the first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with of the CSEA agreement in a timely manner)month following 30 calendar days after the employee first comes into the bargaining unit. 5.3.1 8.3.1 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or 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 the Association a representation fee in an amount equal to that amount permitted by law, 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 unit member may authorize payroll deduction for such feefee in the same manner as provided in Section 8.9.4 of this Article. 5.3.2 8.3.2 In the event that the a unit member does shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 8.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 45061 and in the same manner as set forth in Section 8.9.1 of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 8.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, that the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the DistrictEmployer, in writing, that that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 8.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA CTA as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service fee to one of the following non-religiousnonreligious, non-labor organization, charitable funds exempt from taxation under Section 501 (c501(c) (3) of Title 26 of the Internal Revenue Code: a. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparentsc. Foundation to assist California Teachers d. Shasta County Office of Education Student Benefit Foundation 5.5 8.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEACTA, furnish CSEA CTA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 8.6 Unit members objecting to joining or financially supporting employee organizations shall provide 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 5.4 8.4 and 5.5 8.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties. 8.7 The employee organization is authorized to charge any unit member making "in lieu of payments", as set forth in Section 8.3.2 and 8.3.3 above in accordance with Government Code Section 3546.3, and who requests the employee organization to use the grievance procedure or arbitration procedure on the employee's behalf for the reasonable cost of such procedures.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 5.1 This Article protects the rights of individual employees without restricting CSEA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 Except as expressly provided herein, all employees in the bargaining unit who do maintain membership in good standing in CSEA are required, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed the periodic dues of CSEA, for the duration of this agreement. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). . 5.3.1 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or within thirty (30) days from the date of commencement of assigned duties within bargaining unit, shall become a member of the Association or pay to the Association a representation fee in an amount equal to that amount permitted by law, 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 unit member may authorize payroll deduction for such fee. 5.3.2 In the event that the unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 and in the same manner as set forth in this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service 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. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Organizational Security. 5.1 This Article protects the rights of individual employees without restricting CSEA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 20.1 Except as expressly provided exempted herein, all the employees in the bargaining unit who do not maintain membership in good standing in CSEA are required, as a condition of employment, required to pay service fees to CSEA in amounts that do not to exceed the periodic dues of CSEA for the duration of this Agreement. 20.1.1 In the event any employee covered by this Agreement does not tender periodic dues or a service fee as required herein, CSEA shall give notice in writing to the District and said dues and/or service fee shall be enforced pursuant to Education Code Section 45168 to the extent required by law. 20.2 Any bargaining unit member employed on or before July 1, 1993, shall be exempt from this Article if he/she notifies the District in writing within thirty (30) days after receiving District notice of this provision that he/she has a right to object to joining or paying service fees to CSEA. 20.3 It is expressly understood that neither the District nor CSEA shall encourage or discourage employees in the filing of objections. 20.4 CSEA shall have the sole and exclusive right to have membership dues, initiation and services fees deducted for employees in the bargaining unit by the District. The District shall, upon appropriate written authorization from any employee, deduct and make appropriate remittance for insurance premiums, credit union payments, savings bonds, charitable donations, or other plans or programs jointly approved by CSEA and the District. 20.4.1 The District shall deduct, in accordance with the CSEA dues and service fee schedule provided by chapter 47 each year, dues from the wages of all employees who are members of CSEA as authorized in writing for the duration of this Agreement. 20.4.2 The District shall deduct the initiation fee and dues in accordance with the dues and service fee schedule provided yearly by Chapter 47 from the wages of all employees as authorized in writing who, after July 1, 1993, become members of CSEA, for the duration of this agreementAgreement. 5.3 All members and Fair Share payers 20.5 The District shall have their notify in writing the CSEA Chapter President if any member revokes a dues deducted from their first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance authorization form. 20.6 Each employee covered by this Agreement, with the CSEA agreement exception of those specifically exempted in a timely manner). 5.3.1 Any unit member paragraph 20.2 above, who is not a member of the Association fails voluntarily to acquire or who does not make application for maintain membership in CSEA shall be required beginning, on the Association within thirtieth (30th) day following the thirty (30) days beginning of the effective date of this Article such employment or within thirty (30) days from after the date ratification of commencement of assigned duties within bargaining unitthis Agreement, shall become a member of the Association or whichever occurs later, to pay to CSEA a service fee as a contribution towards the Association a administration of this Agreement and representation of such employees. The service fee in an amount equal to that amount permitted by law, payable to the Association in one lump sum cash payment shall be in the same manner amount and payable at the same time as required for the payment of membership CSEA's regular dues, providedexclusive of initiation fees, however, that and in accordance with the unit member may authorize payroll deduction State of California Public Employment Relations Board regulations. CSEA will provide for such feean annual service fee payer rebate according to state and federal law. 5.3.2 20.6.1 In the event that the unit member any employee covered by this Agreement does not pay such tender periodic dues or a service fee directly as required herein, CSEA shall give notice in writing to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 above, the Association may, in writing, request that the Employer District and said dues and/or service fee shall immediately begin automatic payroll deduction as provided in be enforced pursuant to Education Code Section 45168 and in the same manner as set forth in this Article. There shall be no charge to the Association for such mandatory representation fee deductionsextent required by law. 5.3.3 If the 20.7 Any unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional formal tenets or teachings include objections to joining or paying service fees to financially supporting employee organizations shall not be required to join, maintain membership in, join or pay service fees to financially support CSEA as a condition of employment. However, except that such employee unit members shall be requiredpay, in lieu Lieu of a service fee required by this agreementmembership dues, to pay sums equal to such service fee fees to one of the following non-religious, non-labor organizationorganizations, charitable funds exempt from taxation under Section 501 (c) (3501(c)(3) of Title 26 of the Internal Revenue Code: a. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of 20.7.1 Centinela Valley Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.Foundation 20.7.2 Red Cross

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 5.1 This Article protects Subject to Section 4, Payroll Deductions of the rights City's Employer-Employee Relations Resolution, upon the voluntary written authorization of individual employees without restricting CSEA's right to require every bargaining unit employeeemployees, except those exempt from these provisions, the City shall deduct and remit to pay a fair share the Union the Union's initiation fee and periodic dues for members of the cost of collective bargaining activities. 5.2 Except as expressly provided herein, all employees in the bargaining unit who do maintain membership in good standing in CSEA are required, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed the periodic dues of CSEA, for the duration of this agreement. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrantUnion. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). 5.3.1 Any unit member who is not a member of the Association Union, or who does not make application for membership in the Association within the thirty (30) days of following the effective date of this Article or paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of assigned duties within bargaining unitduties, shall become a member of the Association Union or pay to the Association union a representation fee in an amount equal to that amount permitted by law, payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership Union's periodic dues, : provided, however, that the unit member may authorize payroll deduction deductions for such fee. 5.3.2 In the event that the unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 and in the same manner as set forth provided in this Articlethe paragraph above. There Dues withheld by the City shall be no charge transmitted to the Association for such mandatory representation fee deductions. 5.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, Union Officer designated in writing, the unit member whose pay is to be affected writing by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA Union as a condition of employmentperson authorized to receive such funds, at the address specified. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service fee to one of The parties agree that 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. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as obligations herein are a condition of continued exemption from employment for unit members. The parties further agree that the requirement failure of paying service fees any unit-member to CSEAremain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall constitute, furnish CSEA with copies generally, just and reasonable cause for termination. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a pay period commences fifteen (15) working days or more after such submission. No unit member shall be required to join the Union or to make an agency fee payment if the unit member is an actual verified member of receipts from the charity selecteda bona fide religion, as proof that such payments have been madebody, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, pursuant instead, arrange with the Union to Section 5.4 and 5.5 abovesatisfy his/her obligation by donating the equivalent amount to a non labor, non religion charitable fund, tax exempt under section 501(c)(3) of the Internal Revenue Code, chosen by the employee. Proof of payment Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the MERO. In the event the unit member fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable state laws and are specifically excluded from the Grievance/Arbitration procedures. The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of receipts and/or canceled checks indicating a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the amount paidLabor-Management Disclosure Act of 1959, date of paymentor Government Code section 3546.5, and to whom payment in lieu of representation fee has been madeshall satisfy this requirement. Such proof This organizational security arrangement shall be presented on or before September 30 null and void during the period following expiration of each school year orthis Memorandum of Understanding and prior to entering into a successor agreement containing the same provision for organizational security. Additionally, in the case this organizational security arrangement shall be null and void if rescinded by a vote of employees hired after October 31 for pursuant to Government Code section 3502.5, subdivision (b). The Union will defend, indemnify and hold harmless the remaining City of Riverside from any loss, liability or cause of action arising out of the operation of this article. Upon commencement of any such legal action, the Union shall have the right to decide and determine whether any claim, liability, suit or judgment made or brought against the City because of such action shall or shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the school yearUnion shall not diminish the Union's indemnification obligations under this agreement. The City, within thirty (30) days immediately upon receipt of notice of such legal action shall inform the Union of such actions, provide the Union with all information, documents, and assistance necessary for the Union's defense or settlement of such action and fully cooperate with the Union in providing all necessary witnesses, experts and assistance necessary for such defense. The Union, upon compromise or settlement of such action, shall immediately pay the parties to such action all sums due under such settlement of compromise. The Union, upon final order and judgment of a court of competent jurisdiction awarding damages to any employee of the commencement of dutiesCity shall pay to such employee all sums owing under such order and judgment.

Appears in 1 contract

Sources: Master Memorandum of Understanding

Organizational Security. 5.1 This Article protects the rights of individual employees without restricting CSEA's right to require every bargaining 4.1.1 Any unit employee, except those exempt from these provisions, to pay a fair share member of the cost Association who has applied for membership may sign and deliver to the District an assignment authorizing deduction of collective bargaining activitiesmembership dues and general assessments of the Association. Pursuant to such authorization, the District shall deduct one-eleventh of such dues from the regular salary check of the unit member each month for eleven months. Deductions for unit 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. 5.2 Except as expressly provided herein, all employees in 4.1.2 Such deduction shall be made only upon the bargaining submission of the proper dues deduction form duly completed and signed by the unit who do maintain membership in good standing in CSEA are required, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed member and the periodic dues of CSEA, for the duration of this agreementAssociation. 5.3 All members and Fair Share payers 4.1.3 The District shall have their dues deducted from their first not be obligated to put into effect any new, changed, or discontinued deduction until the pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner)period commencing within thirty days after such submission. 5.3.1 4.1.4 By November 1 of each school year, the District will provide the Association with a staffing list including names, addresses, employment status, and full-time equivalencies of unit members. When the staffing list is periodically updated, AEA will be provided a copy. 4.1.5 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date day of this the Agreement, or any modification of Article 4 thereof, or 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 the Association a representation fee in an amount equal to that amount permitted by lawmembership dues 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 unit member may authorize payroll deduction for such fee. 5.3.2 fee in the same manner as provided in Section 4.1.1 of this Article. In the event that the such unit member does shall not pay such fee directly to the Association, Association or authorize payment through the payroll deduction as provided in Section 5.3.1 abovewithin fifteen days, the Association may, in writing, request that the Employer District shall immediately begin automatic payroll deduction deductions as provided in Education Code Section 45168 45061, and in the same manner as set forth in Section 4.1.1 of this Article. There shall be no charge to the Association for such mandatory representation agency fee deductionsdeductions except as provided in Section 4.1.9 below. 5.3.3 If the 4.1.6 Any unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to financially supporting employee organizations shall not be required to join, maintain membership in, join or pay service fees to CSEA financially support the Association as a condition of employment. However, such employee except that the unit member shall be requiredpay, in lieu of a service fee required by this agreementfee, to pay sums a sum equal to such service fee to one of the following non-religious, non-labor organization, ’s charitable funds exempt from taxation under Section 501 (cC) (3) of Title 26 of the Internal Revenue Code: a. Shasta County United Way b. : 1) American Cancer Society ▇Society Contra Cost Unit, 2) American Heart Association Contra Costa Chapter, 3) Foundation to Assist California Teachers (FACT). ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof Proof of payment and a written statement of objection objection, along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object include objections to joining or financially supporting employee organizations, pursuant to Section 5.4 and 5.5 4.1.5, Paragraph 1, above. Proof of payment , shall be in made on an annual basis to the form District as a condition of receipts and/or canceled checks indicating continued exemption from the amount paidprovisions of Sections 4.1.1, date of payment, and to whom payment in lieu of representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.4.1.2 and

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 5.1 18.1 This Article protects the rights of individual employees without restricting CSEAVVTA/CTA/NEA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 18.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in CSEA VVTA/CTA/NEA are required, as a condition of employment, to pay service fees to CSEA VVTA/CTA/NEA, in the amounts that do not exceed the periodic dues of CSEAVVTA/CTA/NEA, for the duration of this agreement. 5.3 All members and Fair Share payers 18.3 No employee shall have their be obligated to pay dues deducted from their or service fees to VVTA/CTA/NEA until the first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with of the CSEA agreement in a timely manner)month following 30 calendar days after the employee first comes into the bargaining unit. 5.3.1 18.3.1 Any unit member who is not a member of the Association Association, or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or 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 the Association a representation fee in an amount equal to that amount permitted by law, 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 unit member may authorize payroll deduction for such feefee in the same manner as provided in Section 18.9.1 of this Article. 5.3.2 18.3.2 In the event that a Member of the unit member does Bargaining Unit shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 18.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 45061 and in the same manner as set forth in Section 18.9.1 of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 18.3.3 If the unit member Member of the Bargaining Unit and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, that the unit member Member of the Bargaining Unit whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, ▇▇▇▇▇▇ Valley Union High School District in writing, that that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 18.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA VVTA/CTA/NEA as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service fee to one of the following non-religious, non-labor organizationorganizations, charitable funds fund exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: a. Shasta County 18.4.1 American Heart Association 18.4.2 United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.

Appears in 1 contract

Sources: Certificated Staff Agreement

Organizational Security. 5.1 This 1. It is the mutual intention of the parties that the provisions of this Article protects protect the rights of individual employees without restricting CSEA's workers. 2. The Association has the right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of have employee organization membership dues deducted by the cost of collective bargaining activities. 5.2 Except as expressly provided herein, all employees District for members in the bargaining unit who do maintain membership in good standing in CSEA are requiredhave provided consent. The District shall deduct, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed the periodic dues of CSEA, for the duration of this agreement. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). 5.3.1 Any dues schedule, dues from the wages of all members who are members of the bargaining unit and who have submitted payroll deduction authorization forms to CSEA. CSEA shall promptly notify the District of any and all member who have agreed to pay dues and requested payroll deductions. No new unit member who is not a member of shall be obligated to pay the Association or who does not make application for membership in until the Association within the first month following thirty (30) calendar days after the unit member first comes into the bargaining unit. 3. The District will continue the practice of notifying the CSEA President and/or designee, through the delivery of the effective date next Board Agenda, of this Article or within thirty (30) days newly hired classified employees. 4. Upon notification from CSEA, the District shall deduct one-tenth of such amount from the date regular salary check of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after the commencement of assigned duties within bargaining unit, the school year shall become a member be appropriately prorated to complete payments by the end of the Association or school year. The District shall, without charge, pay to the Association within fifteen (15) days of the deduction all sums so deducted. 5. Along with each monthly payment to CSEA, the District shall, without charge, furnish the CSEA President and/or designee with a representation fee in an amount equal to that amount permitted by lawconfidential, payable to the Association in one lump sum cash payment alphabetical list of all members in the same manner as required for bargaining unit, identifying them by name, last four digits of their social security number, months per year in paid status and annual salary, and indicating the payment amount deducted, if any. 6. CSEA shall immediately notify the District if any member of membership dues, provided, however, that the bargaining unit revokes a dues deduction authorization in accordance with CSEA’s internal policy. 7. Nothing contained herein shall prohibit a unit member may authorize payroll deduction for such feefrom paying dues directly to CSEA. 5.3.2 8. The Association agrees to indemnify and hold harmless the District, its agents and Board members against any and all liabilities, claims or actions which may be brought against the District or the District Board of Trustees individually or collectively, its officers and agents including all costs, legal expenses, fees and judgements and costs for providing a defense on behalf of the District at the Association’s expense against any and all lawsuits or legal proceedings which result from the implementation of this Article. 9. In the event that there is a change in jurisprudence regarding the unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 abovereinstatement of full agency shop and service fees paid by non-members, the Association may, in writing, request that parties shall meet and negotiate the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 restoration of an agency fee provision without regard to permitted reopeners. Either party may serve the other within one-hundred and twenty (120) calendar days following the decision to meet and negotiate the reinstatement of full agency shop and service fees paid by non-members. The Article 6 language contained in the same manner as set forth in this Article. There July 1, 2016 – June 30, 2019 Collective Bargaining Agreement shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA serve as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service 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. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEA, furnish CSEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such paymentguide for these negotiations. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Organizational Security. 5.1 4.1 This Article protects the rights of individual employees without restricting CSEAADTA/CTA/NEA's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 4.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in CSEA ADTA/CTA/NEA are required, as a condition of employment, to pay service fees to CSEA ADTA/CTA/NEA, in the amounts that do not exceed the periodic dues of CSEAADTA/CTA/NEA, for the duration of this agreement 4.3 No employee shall be obligated to pay dues or service fees to ADTA/CTA/NEA until the first of the month following 30 calendar days after the employee first comes into the bargaining unit. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). 5.3.1 4.3.1 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or 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 the Association a representation fee in an amount equal to that amount permitted by law, payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership member-ship dues, provided, however, that the unit member may authorize payroll deduction for such feefee in the same manner as provided in Section 4.10.4 of this Article. 5.3.2 4.3.2 In the event that the a unit member does shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 4.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 45061 and in the same manner as set forth in Section 4.9.1 of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 4.3.3 If the unit member and the Association are unable to reach agreement on the manner matter of payment, the Association shall notify the Employer, in writing, that the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, Adelanto School District in writing, that that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 4.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA ADTA/CTA/NEA as a condition of employment. However, such employee shall be required, in In lieu of a service fee required by this agreement, to pay sums equal to such service 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. Shasta County 4.4.1 March of Dimes 4.4.2 United Way b. American Cancer Society4.4.3 Adelanto District Teachers’ Association Scholarship Program ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 4.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEAADTA/CTA/NEA, furnish CSEA ADTA/CTA/NEA with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 4.6 Unit members objecting to joining or financially supporting employee organizations shall provide 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 5.4 and 5.5 above. Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and 4.4 and 4.7 The employee organization is authorized to whom payment charge any unit member making "in lieu of representation fee has been made. Such proof shall be presented on or before September 30 of each school year orpayments”, as set forth in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties.Section 4.3.2 and 4.3.3 above in accordance with Government

Appears in 1 contract

Sources: Negotiated Contract

Organizational Security. 5.1 This Article protects Subject to Section 4, Payroll Deductions of the rights City's Employer-Employee Relations Resolution, upon the voluntary written authorization of individual employees without restricting CSEA's right to require every bargaining unit employeeemployees, except those exempt from these provisions, the City shall deduct and remit to pay a fair share the Union the Union's initiation fee and periodic dues for members of the cost of collective bargaining activities. 5.2 Except as expressly provided herein, all employees in the bargaining unit who do maintain membership in good standing in CSEA are required, as a condition of employment, to pay service fees to CSEA in amounts that do not exceed the periodic dues of CSEA, for the duration of this agreement. 5.3 All members and Fair Share payers shall have their dues deducted from their first pay warrantUnion. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with the CSEA agreement in a timely manner). 5.3.1 Any unit member who is not a member of the Association Union, or who does not make application for membership in the Association within the thirty (30) days of following the effective date of this Article or paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the date of commencement of assigned duties within bargaining unitduties, shall become a member of the Association Union or pay to the Association union a representation fee in an amount equal to that amount permitted by law, payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership Union's periodic dues, : provided, however, that the unit member may authorize payroll deduction deductions for such fee. 5.3.2 In the event that the unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 and in the same manner as set forth provided in this Articlethe paragraph above. There Dues withheld by the City shall be no charge transmitted to the Association for such mandatory representation fee deductions. 5.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, Union Officer designated in writing, the unit member whose pay is to be affected writing by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, in writing, that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA Union as a condition of employmentperson authorized to receive such funds, at the address specified. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service fee to one of The parties agree that 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. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparents d. Shasta County Office of Education Student Benefit Foundation 5.5 Any employee claiming this religious exemption shall, as obligations herein are a condition of continued exemption from employment for unit members. The parties further agree that the requirement failure of paying service fees any unit- member to CSEAremain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall constitute, furnish CSEA with copies generally, just and reasonable cause for termination. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a pay period commences fifteen (15) working days or more after such submission. No unit member shall be required to join the Union or to make an agency fee payment if the unit member is an actual verified member of receipts from the charity selecteda bona fide religion, as proof that such payments have been madebody, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide proof of payment and written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, pursuant instead, arrange with the Union to Section 5.4 and 5.5 abovesatisfy his/her obligation by donating the equivalent amount to a non-labor, non-religion charitable fund, tax exempt under section 501(c)(3) of the Internal Revenue Code, chosen by the employee. Proof of payment Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the MERO. In the event the unit member fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable state laws and are specifically excluded from the Grievance/Arbitration procedures. The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of receipts and/or canceled checks indicating a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the amount paidLabor-Management Disclosure Act of 1959, date of paymentor Government Code section 3546.5, and to whom payment in lieu of representation fee has been madeshall satisfy this requirement. Such proof This organizational security arrangement shall be presented on or before September 30 null and void during the period following expiration of each school year orthis Memorandum of Understanding and prior to entering into a successor agreement containing the same provision for organizational security. Additionally, in the case this organizational security arrangement shall be null and void if rescinded by a vote of employees hired after October 31 for pursuant to Government Code section 3502.5, subdivision (b). The Union will defend, indemnify and hold harmless the remaining City of Riverside from any loss, liability or cause of action arising out of the operation of this article. Upon commencement of any such legal action, the Union shall have the right to decide and determine whether any claim, liability, suit or judgment made or brought against the City because of such action shall or shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of the school yearUnion shall not diminish the Union's indemnification obligations under this agreement. The City, within thirty (30) days immediately upon receipt of notice of such legal action shall inform the Union of such actions, provide the Union with all information, documents, and assistance necessary for the Union's defense or settlement of such action and fully cooperate with the Union in providing all necessary witnesses, experts and assistance necessary for such defense. The Union, upon compromise or settlement of such action, shall immediately pay the parties to such action all sums due under such settlement of compromise. The Union, upon final order and judgment of a court of competent jurisdiction awarding damages to any employee of the commencement of dutiesCity shall pay to such employee all sums owing under such order and judgment.

Appears in 1 contract

Sources: Master Memorandum of Understanding

Organizational Security. 5.1 This Article protects the rights of individual employees without restricting CSEACDEA- SC's right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities. 5.2 Except as expressly provided herein, all employees in the bargaining unit who do not maintain membership in good standing in CSEA CDEA-SC are required, as a condition of employment, to pay service fees to CSEA CDEA-SC, in amounts that do not exceed the periodic dues of CSEACDEA-SC, for the duration of this agreement. 5.3 All members and Fair Share payers No employee shall have their be obligated to pay dues deducted from their or service fees to CDEA-SC until the first pay warrant. (This is to ensure that classified employees are eligible to receive all rights and benefits due them in accordance with of the CSEA agreement in a timely manner)month following 30 calendar days after the employee first comes into the bargaining unit. 5.3.1 Any unit member who is not a member of the Association or who does not make application for membership in the Association within the thirty (30) days of the effective date of this Article or 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 the Association a representation fee in an amount equal to that amount permitted by law, 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 unit member may authorize payroll deduction for such feefee in the same manner as provided in Section 5.9.4 of this Article. 5.3.2 In the event that the a unit member does shall not pay such fee directly to the Association, or authorize payment through payroll deduction as provided in Section 5.3.1 above, the Association may, in writing, request that the Employer shall immediately begin automatic payroll deduction as provided in Education Code Section 45168 45061 and in the same manner as set forth in Section 5.9.1 of this Article. There shall be no charge to the Association for such mandatory representation fee deductions. 5.3.3 If the unit member and the Association are unable to reach agreement on the manner of payment, the Association shall notify the Employer, in writing, that the unit member whose pay is to be affected by the deduction has (1) refused to join the Association and (2) has refused to tender the amount of the representation fee, the Association shall notify the District, Shasta County Office of Education in writing, that that (1) the amount of the fee meets the requirement of law and (2) the Association has informed the unit members in writing of the Association's procedures for employees who contest the amount of the fee in accordance with the regulations of the Public Employment Relations Board. 5.4 Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to CSEA CDEA-SC as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay sums equal to such service fee to one of the following non-religiousnonreligious, non-labor nonlabor organization, charitable funds exempt from taxation under Section 501 (c) (3) of Title 26 of the Internal Revenue Code: a. Shasta County United Way b. American Cancer Society ▇. ▇▇▇▇▇▇ Umbrella/▇▇▇▇▇▇ Grandparentsc. Foundation to assist California Teachers d. Shasta County Office California Cascade Association for the Education of Education Student Benefit FoundationYoung Children 5.5 Any employee claiming this religious exemption shall, as a condition of continued exemption from the requirement of paying service fees to CSEACDEA-SC, furnish CSEA CDEA-SC with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payment. 5.6 Unit members objecting to joining or financially supporting employee organizations shall provide 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 5.4 and 5.5 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 representation fee has been made. Such proof shall be presented on or before September 30 of each school year or, in the case of employees hired after October 31 for the remaining part of the school year, within thirty (30) days of the commencement of duties. 5.7 The employee organization is authorized to charge any unit member making "in lieu of payments", as set forth in Section 5.3.2 and 5.3.3 above in accordance with Government Code Section 3546.3, and who requests the employee organization to use the grievance procedure or arbitration procedure on the employee's behalf for the reasonable cost of such procedures.

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Sources: Collective Bargaining Agreement